[Ord. No. 297, 11-9-2012[1]]
The accumulation, collection, removal and disposal of designated recyclable material 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 collection and the disposition of designated recyclable material generated within its boundaries and to collect a charge therefore and to license recycling collectors;
(2) 
This municipality is also authorized by Public Act No. 90-220 to provide for the separation, collection, processing and marketing of recyclable material and monitoring progress in recycling;
(3) 
This municipality is further authorized by Public Act 90-249 to impose a penalty not to exceed five hundred dollars ($500.00) for each violation by a commercial establishment of the requirements of Section 22a-241(c) of the Connecticut General Statutes, as amended by Section 1 of Public Act 90-220; and
(4) 
The enactment of this article is in furtherance of this municipality's regional solid waste management plan.
There is hereby established a program for the collection and disposal of recyclables from all occupants of residential dwelling units, senior citizen age-restricted condominiums and stand-alone residential units as defined in Ordinance No. 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 No. 297 also repealed former Art. III, relating to similar subject matter, which was adopted 10-16-1990 by Ord. No. 187.
[Ord. No. 297, 11-9-2012]
As used in this article, the following definitions shall apply;
ACCEPTABLE RECYCLABLES
Shall mean the type of materials identified below, as amended from time to time, and at any time by agreement of the town and a contracting party. Acceptable recyclables do not include any unacceptable waste and any material that has the reasonable possibility of adversely affecting the operation or useful life of any part of the recycling facility.
ANTIFREEZE
Shall mean a substance of low freezing point added to a liquid, especially to the water in a radiator of an automobile, or to gasoline in the tank to prevent freezing.
CORRUGATED CARDBOARD
Shall mean cardboard which has been processed to have forms or shapes like wrinkles or folds or into alternating ridges and groves and is placed between two (2) flat surfaces for the sake of strength and which is commonly used to form cartons. Corrugated cardboard products shall have a minimum of contamination by food or other material.
CURBSIDE RECYCLING CONTAINER
The owner or occupant of each residential dwelling units as defined in section 8-75(5) in which recycling material is created or generated shall provide, at a suitable place upon such premises, a sufficient receptacle for receiving and holding such recyclables during the intervals between collections. Recycling 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.
DRY-CELL BATTERY
Shall mean device used for generating electric current through a chemical reaction, including, but not limited to, nickel-cadmium batteries, carbon batteries and alkaline batteries.
GLASS FOOD CONTAINER
Shall mean a glass bottle or jar of any size or shape used to package food and beverage products suitable for human or animal consumption.
GRASS CLIPPINGS
Shall mean grass and other trimmings from the care of a lawn, with a minimum of contamination by pesticides.
HDPE PLASTIC CONTAINER
Shall mean a high-density polyethylene bottle or jar of any size or shape used to package food, household laundry products, or crankcase oil.
METAL FOOD CONTAINER
Shall mean an aluminum, bimetal, steel, tin-plated steel, or other metallic can, plate or tray of any size or shape used to package food and beverage products suitable for human or animal consumption.
NEWSPAPER
Shall mean used or discarded newsprint which has a minimum of contamination by food or other material.
OFFICE PAPER
Shall mean used or discarded high-grade white paper and manila paper, including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photocopying, which is suitable for recycling and which has a minimum of contamination. For the purposes of this article, office paper generated by households is excluded.
PET PLASTIC FOOD CONTAINER
Shall mean a polyethylene terephthalate container of any size or shape used to package beverages.
SCRAP METAL
Shall mean used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including, but not limited to, white goods and metal food containers.
SCRAP TIRES
Shall mean discarded rubber or synthetic rubber tires used by or manufactured for vehicles, including, but not limited to, automobiles, trucks, buses, and trailers.
STORAGE BATTERY
Shall mean lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
WASTE MOTOR OIL
Shall mean crankcase oil that has been utilized in internal combustion engines.
YARD WASTE AND LEAVES
Shall mean brush and the boughs and foliage of trees.
[Ord. No. 297, 11-9-2012]
(a) 
On and after the effective date of this article and under regulations issued by the director of public works in accordance with the terms of this article, there is hereby established a program for the mandatory separation from municipal solid waste in the town of glass and metal food and drink containers, newspaper, corrugated cardboard, storage batteries, scrap metals, waste motor oil, scrap tires, and major household appliances.
(b) 
The town or its authorized agents shall provide a program for the separate collection of recyclable materials from all occupants of residential dwelling units and condominiums and senior citizen age-restricted condominiums and stand-alone residential units as defined in Ordinance No. 241. Said program shall not apply to residential dwelling units of more than six (6) units; apartment complexes; or business, commercial, industrial or institutional entities. However, all residential dwelling units, including apartment complexes; business, commercial or industrial establishments; and public, private, and nonprofit institutions shall also engage in recycling as required by ordinance and applicable state statutes.
(c) 
This municipality is not required to collect solid waste from any occupant or owner who includes such glass or metal food and drink containers, newspaper, and corrugated cardboard with their solid waste or does not place and contain the separated items for collection in accordance with this article or authorized regulations.
[Ord. No. 297, 11-9-2012]
The occupant of any residential dwelling unit or condominium or senior citizen age-restricted condominiums and stand-alone residential units as defined in Ordinance No. 241 whose recyclable material is or will be collected by or on behalf of this municipality shall place the following acceptable recyclables in a curbside recycling container, or other type of container so designated by the director of public works, in strict conformity with the following minimum regulations:
(1) 
Recyclable materials.
a. 
Mixed paper.
1. 
Newspaper and inserts.
2. 
Magazines and catalogs.
3. 
White and colored paper.
4. 
Mail.
5. 
Junk mail.
6. 
Bills.
7. 
Receipts.
8. 
Computer paper.
9. 
Mixed office paper.
b. 
Corrugated cardboard.
1. 
Chipboard, including cartons, without box linings or pasta box windows.
c. 
Glass.
1. 
Food and drink jars: rinsed, unbroken, labels may be left, no caps or lids.
2. 
Bottles: rinsed, unbroken, labels may be left, no caps or lids.
d. 
Metal cans and food trays.
1. 
Aluminum cans, rinsed and uncrushed.
2. 
Steel/tin cans up to three (3) gallons, rinsed and uncrushed.
3. 
Foil food trays, rinsed, uncrushed.
4. 
Aerosol cans, empty, uncrushed, non-hazardous contents (no paint, pesticides or other).
e. 
Plastics.
1. 
#1, #2, all plastic containers under three (3) gallons.
2. 
#3—#7, plastic food and beverage containers under three (3) gallons.
3. 
#1, #2 plastic laundry product containers, rinsed but not crushed.
4. 
Cartons, milk and juice cartons/boxes, rinsed with caps and straws removed.
(2) 
Unacceptable items. Batteries, black plastics, ceramics, electronics, flower pots, light bulbs or drinking glasses, motor oil, anti-freeze, paint, or any hazardous material containers, plastic bags, plastic toys, pots and pans, scrap metal, Styrofoam or other foam plastics.
[Ord. No. 297, 11-9-2012]
(a) 
The provisions of this article shall not preclude the director of public works or his agent from designated alternative recycling programs for residential dwelling units of more than six (6) units; apartment complexes; business, commercial or industrial establishments; and public, private or nonprofit institutions, and promulgating rules and regulations pursuant to this article and applicable state statutes.
(b) 
The provisions of this article shall not preclude waste generators from receiving permission from the director of public works or his agent, from donating recyclable material and transporting same to any person, partnership or corporation whether operating for profit or not for profit.
[Ord. No. 297, 11-9-2012]
It shall be mandatory for all owners or managers of residential dwelling units of more than six (6) units, nonresidential establishments and public institutions or facilities to submit documentation in the form of certified weight slips or a signed business form letter by their recyclable disposition site, which picked or accepted the materials for recycling, no less frequently than quarterly. Reports are to be submitted to the town's refuse/recycling program supervisor commencing January 1, 1991. Recycling documentation will be due on or before the 8th of the month following the end of each quarter as follows:
Reporting Period
Due Date
January 1—March 31
April 8
April 1—June 30
July 8
July 1—September 30
October 8
October 1—December 31
January 8
Failure to comply with reporting requirements will subject individuals to penalties as set forth in Section 22a-241(c) of the Connecticut General Statutes.
[Ord. No. 297, 11-9-2012]
It shall be a violation of this article for any person not authorized by the town to collect or pick up or cause to be collected or picked up any designated recyclable items whether at curbside and/or at a designated storage area, including recycling container. Any and each such collection, including the collection of individual recycling containers, in violation hereof from one (1) or more residences shall constitute a separate and distinct violation punishable as herein provided.
[Ord. No. 297, 11-9-2012]
All designated recyclables accumulated in this municipality shall be collected, conveyed and disposed of by this municipality or by persons licensed by the municipality to perform such work in accordance with the provisions of this article. No other person shall collect, convey or dispose of any recyclable material in the municipality except that which comply with the other provisions of this article and with any other applicable ordinances and regulations. No other recyclable material collected from outside this municipality shall be disposed of under a license or registration issued pursuant to this article.
[Ord. No. 297, 11-9-2012]
(a) 
Licensing and registration authority designated. The director of public works shall be the licensing and registration authority for recycling collectors and vehicles. The director of public works 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 recyclables in a safe and nuisance-free manner and in compliance with this article.
(b) 
License required. Each recycling collector shall annually, on or before July 1, apply for a license from the director of public works on such form as he shall prescribe to engage in the business of recycling collection in this 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), property damage three hundred thousand dollars ($300,000.00) liability, each person five hundred thousand dollars ($500,000.00) per accident, together with such recommended compensation insurance as provided by law.
(d) 
Registration of vehicles, containers. Each licensed recycling collector shall obtain a separate registration for each vehicle he operates to transport recyclable material within the municipality. Registrations shall also be required for all permanent containers in capacity greater than three (3) cubic yards. Registrations shall not be transferable from vehicle to vehicle; however, the director of public works may allow such temporary transfer of registrations in hardship situations, such as 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, transfer of vehicle during registration year. Whenever a duly registered vehicle is sold or transferred to another recycling collector licensed in this municipality during the registration year, said 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 the body of each vehicle so licensed, or as may be directed.
(h) 
Identification of vehicles and containers. Each licensee shall prominently display at all times on each registered vehicle 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 recycling collector presently licensed to collect recyclables in this municipality, he shall forthwith give written notice to the director of public works at least seven (7) days before the date of 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 recycling collector not licensed in this municipality, he shall first notify the director of public works in writing, of his intent to sell and the transferee shall, at the same time, make application for a license to operate in the municipality.
[Ord. No. 297, 11-9-2012]
(a) 
Generally. A license to engage in recycling collection in 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 imposable by law.
(b) 
Notice required. Revocation or suspension shall only become effective five (5) calendar days after receipt of written notice from the director of public works.
(c) 
Request for review—filing; effect of failure to file. If a recycling collector objects to the director of public works' 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 said notice, file a written request for review with the town administrator. Failure to timely file such request for review shall make the director of public works' action final and binding upon the recycling collector.
(d) 
Effect of timely filing. Timely filing of such request for review shall operate as an automatic stay of the director of public works' action.
(e) 
Special appeals board; hearing. The mayor shall appoint forthwith a special appeals board consisting of three (3) electors of this municipality and one (1) licensed recycling collector and one member of the town council, and said board shall then within fifteen (15) days hear and decide the matter. Such hearing may be public if so requested, in writing, by the recycling collector. The decision of said board shall be final and binding upon the recycling collector.
[Ord. No. 297, 11-9-2012]
(a) 
The director of public works shall administer the licensing of any recycling collector engaged in the collecting and transporting of recyclable materials in this municipality.
(b) 
The director of public works, under authorization of the town council, may designate where recyclable items generated within this municipality from residential properties, as defined by state statute, shall be taken for processing or sale.
(c) 
The director of public works may promulgate additional rules or may subtract 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 and applicable state statutes.
[Ord. No. 297, 11-9-2012]
It shall be the responsibility of the director of public works or his/her agents, and/or the town's deputy health officer or the town's police department and their designated agents to enforce all provisions of this article.
[Ord. No. 297, 11-9-2012]
(a) 
A violation of any provision of this article shall be considered an infraction pursuant to the state statute governing infractions, and subject the violator to a fine of ninety dollars ($90.00), unless otherwise specified.
(b) 
Recycling collectors who knowingly mix recyclables with other solid waste are subject to the provisions of this article.
[Ord. No. 297, 11-9-2012]
In case, for any reason, any section or provision of this article shall be held to be unconstitutional or invalid, the same shall not affect any other section or provision of this article, except so far as the section or provision so declared unconstitutional or invalid shall be served from the remainder of any portion thereof.