[Ord. No. 296, 11-9-2012[1]]
The accumulation, collection, removal and disposal of solid waste must be controlled by this municipality for the protection of the public health, safety, and welfare. It is consequently found and declared that:
(1) 
This municipality is authorized by law to regulate the disposition of solid waste generated within its boundaries and to collect a charge therefor and to license refuse collectors;
(2) 
This municipality is also authorized by Section 22a-220a of the Connecticut General Statutes to designate the area where solid waste generated within its boundaries shall be disposed;
(3) 
The enactment of this article is in furtherance of this municipality's solid waste management plan.
There is hereby established a program for the collection and disposal of solid waste from all occupants of residential dwelling units, senior citizen age-restricted condominiums and stand-alone residential units as defined in Ordinance 241 located within this municipality. With the exception of residential condominiums, said program shall not apply to residential dwelling units of more than six (6) units, apartments, or business, commercial and industrial establishments.
[1]
Editor's Note: Ord. No. 296 also repealed former Art. II, relating to similar subject matter, which was adopted 7-11-1987 by Ord. No. 169 and amended 3-12-1989 by Ord. No. 179; 10-2-1990 by Ord. No. 186; 9-21-1999 by Ord. No. 224; 3-21-2000 by Ord. No. 225; and 4-17-2001 by Ord. No. 235.
[Ord. No. 296, 11-9-2012]
The following terms shall have the following meanings:
DIRECTOR
Shall mean the director of public works of this municipality.
HAZARDOUS WASTE
Means pathological, biological, cesspool or other human wastes, human and animal remains, radioactive, toxic, and other hazardous wastes which according to federal, sate or local rules or regulations from time to time in effect required special handling in their collection, treatment or disposal, including those regulated under 43 U.S.C. §§ 6921—6925 and regulations thereunder adopted by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901, such as cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, fine powdery earth used to filter cleaning fluid and refuse of similar nature.
MUNICIPAL RECEPTACLE
Shall mean a litter storage and collection receptacle furnished by any private individual, partnership, corporation or LLC, or by any governmental agency for use by the public.
MUNICIPAL SERVICE AGREEMENT
Shall mean the municipal solid waste management services contract between this municipality and any contractor selected by the town.
MUNICIPALITY
Shall mean the Town of Vernon.
REFUSE COLLECTORS
Shall include any person, firm or corporation engaged in the business of collecting and transporting commercial, household or industrial solid waste for hire within this municipality.
RESIDENTIAL CONDOMINIUMS
Shall mean any group of individually owned dwelling units having ownership in common of shared facilities, organized under the Common Interest Ownership Act of the Connecticut General Statutes, as revised.
SOLID WASTE
Means unwanted or discarded material consistent with the meaning of that term pursuant to Section 22a-260(7) of the Connecticut General Statutes, excluding semi-solid or liquid materials collected and treated in a sewerage system.
TRANSFER STATION
Shall mean that facility identified in a contract between the town and a contractor selected for the collection and disposal of solid waste.
[Ord. No. 296, 11-9-2012]
All solid waste accumulated in this municipality shall be collected, conveyed and disposed of by this municipality or by persons licensed by this municipality to perform such work and in accordance with the provisions of this article. No other person shall collect, convey or dispose of any solid in this municipality, except that the actual producers of solid waste or the owners of premises in this municipality upon which solid waste has accumulated may personally collect, convey and dispose of such solid waste upon complying with the other provisions of this article and with any other applicable ordinances and regulations. No solid waste collected from outside this municipality shall be disposed of under a license or registration issued pursuant to this article.
[Ord. No. 296, 11-9-2012]
(a) 
Provision for containers. The owner or occupant of each residential dwelling units as defined in section 7-16 in which solid waste is created or generated shall provide, at a suitable place upon such premises, sufficient receptacles for receiving and holding such solid waste during the intervals between collections. Solid waste containers (as approved by the town) shall be maintained in good condition free of holes and fissures and shall be equipped with securely fitting covers.
(b) 
Containers for commercial solid waste. The standard container for commercial solid waste shall be a watertight, vermin-proof galvanized metal or nonbrittle plastic receptacle, with a tight lid, of not less than twenty (20) nor more than thirty (30) gallon capacity; except that commercial establishments may provide for a large covered container designed to be emptied into a refuse truck.
(c) 
Containers for household solid waste; number of collections. The standard container as approved by the town for household solid waste shall be watertight, vermin-proof galvanized metal or nonbrittle plastic receptacle, with a tight lid. Curbside collections shall be made at least once each week.
[Ord. No. 296, 11-9-2012; Ord. No. 324, 8-20-2024]
(a) 
Public places. No person shall place any solid waste in any street, alley or other public place or upon any private property, whether owned by such person or not, within this municipality, except in proper containers or otherwise properly prepared for collection or under express approval granted by the director; nor shall any person throw or deposit any solid waste in any stream or other body of water.
(b) 
Accumulation of solid waste. Solid waste may not be placed at curbside for collection sooner than twenty-four (24) hours prior to the scheduled day of collection. Any uncontainerized accumulation of solid waste on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of solid waste within twenty-four (24) hours after a written warning providing notice of a violation of this section in the form of a sticker affixed to the solid waste or its container will result in the removal by the town of the accumulated solid waste and the issuance of a citation to the owner and/or occupant of the premises imposing a fine of up to the highest amount permitted by the Connecticut General Statutes per violation pursuant to § 7-26. Each day any such violation shall continue shall constitute a separate offense and shall be punishable as such when permitted by the Connecticut General Statutes.
(c) 
In the event that the accumulation of solid waste constitutes an immediate threat to public health, safety or welfare, it may be removed immediately by the town provided a written warning giving notice of the specific violation of this section is given to the owner and/or occupant of the premises prior to the issuance of a certificate of lien pursuant to § 49-73b(b) of the Connecticut General Statutes.
(d) 
Any expenses incurred by the town under Subsection (c) of this section for the removal of solid waste constituting an immediate threat to public health, safety, or welfare may be recovered from the owner of the premises by filing a certificate of lien pursuant to the provisions of § 49-73b of the Connecticut General Statutes.
(e) 
Scattering of solid waste. No person shall cast, place, sweep or deposit anywhere within this municipality any solid waste in such a manner that it may be carried or deposited by the elements upon or in any street, sidewalk, alley, sewer, parkway or other public place.
(f) 
Hazardous wastes. It shall be unlawful for any person, firm or corporation to place hazardous wastes or similarly dangerous substances into any solid waste container or to transport any such substance to the transfer station.
(g) 
Litter. No person shall throw or deposit litter in or upon any street, sidewalk, stream or other public place within the town, except in municipal receptacles, in authorized private receptacles for collection or in official town dumps. Persons placing litter in municipal receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. Violation of this subsection shall result in the issuance of a citation to the owner and/or occupant of the premises imposing a fine of up to the highest amount permitted by the Connecticut General Statutes per violation. Each day any such violation shall continue shall constitute a separate offense and shall be punishable as such when permitted by the Connecticut General Statutes.
[Ord. No. 296, 11-9-2012]
(a) 
Licensing and registration authority designated. The director shall be the licensing and registration authority for refuse collectors and vehicles and containers. The director shall grant a license within a reasonable time following the filing of a proper application and payment of the prescribed fee unless he finds one (1) or more of the following conditions to prevail:
(1) 
The applicant has had a previous suspension or revocation of licenses; or
(2) 
The applicant lacks suitable equipment with which to collect solid waste in a safe and nuisance-free manner and in compliance with this article.
(b) 
License required. Each refuse collector shall, annually on or before July 1, apply for a license from the director on such form as he shall prescribe to engage in the business of solid waste collection in the municipality.
(c) 
Certificate of insurance. No such license shall be issued until the contractor files with the town a certificate of liability insurance in the amount of one million dollars ($1,000,000.00) for property damage and three hundred thousand dollars ($300,000.00) per person and five hundred thousand dollars ($500,000.00) per occurrence for liability claims, together with such workers' compensation insurance as provided by law.
(d) 
Registration of vehicles, containers. Each license refuse collector shall obtain a separate registration for each vehicle he operates to transport solid waste within this municipality. Registration shall also be required for all permanent containers in capacity greater than ten (10) cubic yards. Registration shall not be transferable from vehicle to vehicle nor from container to container; provided, however, the director may allow such temporary transfer of registrations in hardship situations, such as a temporary breakdown of an individually licensed vehicle.
(e) 
Registration term, fee; renewal. All registrations shall be issued for a term not to exceed one (1) year and shall be renewable on or before July 1 of each year. The registration fee shall be one hundred dollars ($100.00) for each vehicle.
(f) 
Reinspection upon sale or transfer of vehicle during registration year. Whenever a duly registered vehicle is sold or transferred to another refuse collector licensed in this municipality during the registration year, the vehicle shall be reinspected within seven (7) days of such transfer date, but no additional fee shall be required.
(g) 
Display of registration. The registration issued shall be conspicuously displayed on the left front of each vehicle so licensed, and each container, or as may be directed.
(h) 
Identification of vehicles and containers. Each licensee shall prominently display at all times on each registered vehicle and/or container in letters at least four (4) inches in height his name, registration number and telephone number.
(i) 
Notification required upon sale, transfer of route. When any licensee shall sell or transfer all or part of his route to another refuse collector presently licensed to collect solid waste in this municipality, he shall forthwith give written notice to the director at least seven (7) days before the date of the sale or transfer, stating the name of the buyer or transferee and the intended date of sale.
(j) 
Licenses nontransferable. Licenses are not transferable. When any licensee shall sell or transfer all or part of his route to any refuse collector not licensed in this municipality, he shall first notify the director, in writing, of his intent to sell, and the transferee shall, at the same time, make application for a license to operate in this municipality.
[Ord. No. 296, 11-9-2012]
(a) 
Generally. A license to engage in solid waste collection in this municipality and to use the transfer station or other refuse facilities provided by this municipality is a privilege, not a right. Failure to comply with the provisions of this article shall be grounds for revocation or suspension of any license or registration issued under the provisions of this article in addition to any other penalty imposed by law.
(b) 
Notice required. Revocation or suspensions shall only become effective five (5) calendar days after receipt of written notice from the director.
(c) 
Filing request for review; effect of failure to file. If a refuse collector objects to the director's action described in subsection (b) above to revoke or suspend his license or registration, he may, within the five (5) calendar days of receipt of the notice, file a written request for review with the town administrator. Failure to timely file such request for review shall make the director's action final and binding upon the refuse collector.
(d) 
Effect of timely filing. Timely filing of such request for review shall operate as an automatic stay of the director's action.
(e) 
Special appeals board; hearing. Upon a timely filing of a request for review, the mayor shall appoint forthwith a special appeals board consisting of three (3) electors of this municipality, one (1) licensed refuse collector and a member of the town council, and the board shall then, within thirty (30) days, hear and decide the matter. The decision of the board shall be final and binding upon the refuse collector.
[Ord. No. 296, 11-9-2012]
(a) 
The director shall administer the licensing of any refuse collector engaged in the collecting and transporting of solid waste in this municipality.
(b) 
The director may promulgate additional rules on all collection and disposal procedures from time to time as he deems proper, but such rules shall not be inconsistent with this article or applicable state statute.
[Ord. No. 296, 11-9-2012]
(a) 
Place of delivery; payment. Each refuse collector shall deliver all solid waste meeting the contractual standards collected within the territorial limits of this municipality to the facility identified in a contract between the town and a contractor selected for the collection and disposal of solid waste. All other solid waste may be delivered to such place as the director may, from time to time, designate and any applicable charge shall be paid by the refuse collector.
(b) 
Failure to pay. Any refuse collector failing to pay this municipality any disposal charge within thirty (30) days after the date of a bill therefor shall pay, in addition to the disposal charge shown on such bill, interest on such disposal charge at the rate of one (1) percent per month or fraction thereof commencing on the date of such bill, plus all costs of collection, including an attorney's reasonable bill, incurred by this municipality. A failure to pay shall also be grounds for revocation or suspension of a license and registration.
(c) 
Prohibition on delivery. No licensee shall deliver any solid waste meeting the contractual standards to any place other than the facility identified in a contract between the town and a contractor selected for the collection and disposal of solid waste.
(d) 
Construction and maintenance of vehicles and containers. All vehicles registered to collect and transport solid waste shall be automatic unloading vehicles of a watertight construction and shall be maintained free of obnoxious odors and accumulated solid waste. Any such vehicle with a capacity in excess of ten (10) cubic yards shall be of a closed construction. A container utilized primarily for nonliquid solid waste need not have a capacity of less than ten (10) cubic yards, it may have an open top, provided that it be covered when it is in motion to prevent the escape of solid waste.
(e) 
Spilled solid waste. Refuse collectors shall clean up solid waste that may spill when being carried or transferred.
[Ord. No. 296, 11-9-2012]
It shall be the responsibility of the director or his/her agents, and/or the town's deputy health officer, the North Central Connecticut Health District, building inspector or the police department and their designated agents, to enforce all provisions of this article.
[Ord. No. 296, 11-9-2012; Ord. No. 324, 8-20-2024]
(a) 
In addition to the provisions of § 7-20(d) providing for liens when the accumulation of solid waste constitutes an immediate threat to public health, safety, and welfare, this article is specifically designated for enforcement by the citation process pursuant to § 7-152c of the Connecticut General Statutes and Ordinance No. 218.[1]
[1]
Editor's Note: See § 2-5, Hearing procedure for citation.
(b) 
Any violation of the terms of this article shall carry a fine of up to the highest amount permitted by the Connecticut General Statutes. Each day any such violation shall continue shall constitute a separate offense and shall be punishable as such when permitted by the Connecticut General Statutes.
(c) 
Any person issued a citation pursuant to the provisions of this article shall be entitled to a hearing to contest the citation. The procedure for the hearing, disposition and enforcement shall be set forth in § 7-152c of the Connecticut General Statutes entitled "Hearing procedure for citations," as be amended, and an ordinance of the town amending Ordinance No. 215 entitled "An Ordinance Establishing Hearing Procedures for Citations."[2]
[2]
Editor's Note: See § 2-5, Hearing procedure for citation.
[Ord. No. 296, 11-9-2012]
This article shall be effective for not more than ten (10) years from the date of the adoption of the ordinance from which it is derived, at which time, if the town council has not acted to renew the ordinance, the article shall be deemed repealed.
[Ord. No. 296, 11-9-2012]
If any provision of this article or the application thereof shall be held invalid or unenforceable, the remainder of this article, or the application of such terms and provisions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby; and each remaining term and provision hereof shall be deemed valid and shall be enforced to the fullest extent permitted by law.
[Ord. No. 296, 11-9-2012]
The provisions of the Article shall be in addition to and not in derogation of any and all provisions of the Connecticut General Statutes, state codes, and regulations and ordinances of the town.
[Ord. No. 296, 11-9-2012]
In addition to other applicable provisions of this article, sections 7-19, 7-20 and 7-26 shall apply to all generators of solid waste, including residential dwelling units, apartments, business, commercial and industrial establishments.