[Adopted 4-27-1987]
As used in this article, the following terms
shall have the meaning indicated:
The duly elected Board of Selectmen of the Town of Killingworth.
Stumps, wood waste from construction, demolition activity
or land clearing.
[Amended 6-11-2008]
Any person, firm, partnership, association or corporation
who or which collects, transports and/or dumps garbage for the payment
of a fee.
The depositing, discharging, placing and/or disposing of
bulky waste by any person.
The area that has been designated by the Town of Killingworth
and is presently in operation.
Includes only such commercial collector which is the holder of a valid current and unexpired license issued by the Board of Selectmen pursuant to the provisions of § 397-8 of this article.
Includes, but is not limited to, individuals, societies,
associations, municipal corporations and/or their agents and employees,
firms, partnerships, associations and corporations.
Includes only the following:
A.
Only licensed commercial collectors and residents
of the Town of Killingworth shall be permitted to dump bulky waste
in, at or near the bulky waste landfill.
B.
No bulky waste collected and/or generated outside
of the corporate boundaries of the Town of Killingworth shall be dumped
or caused to be dumped at the landfill by any person, resident or
commercial collector, licensed or otherwise.
C.
Prior to allowing the dumping of any bulky waste in
the landfill, the Board of Selectmen or its agents and employees or
the First Selectman may require any person, including but not limited
to a licensed commercial collector, seeking to dump bulky waste to
certify, in writing, under penalties of false statement as provided
in the General Statutes of Connecticut, that the bulky waste to be
dumped was not generated or collected outside the Town of Killingworth.
Any licensed commercial collector refusing to provide certification
in writing as specified in this subsection as to any load of bulky
waste shall not be permitted to dispose of the bulky waste in the
landfill and shall be ordered to remove his vehicle from the landfill
immediately.
D.
Prior to permitting any person other than a licensed
commercial collector to dump bulky waste in the landfill, the Board
of Selectmen or its agents and employees or the First Selectman may
require that person, or that person's agents or employees, to present
a pass issued to a Killingworth resident.
E.
Dumping shall be permitted only be appointment. Said
appointment is to be made with the office of the First Selectman at
least 24 hours (business days) prior to the appointment.
F.
No dumping shall be permitted of any materials not
defined as bulky waste unless such definition is changed to include
such materials by regulation passed by the Board of Selectmen.
A.
No person engaged in the business of collection or
disposal of bulky waste shall deposit bulky waste in the landfill
without first obtaining a license from the Board.
B.
All licenses shall be for a period of one year from
date of issuance. The license fee shall be paid in advance of the
granting of said license. The fee for a license for each vehicle shall
be established by the Board of Selectmen.
C.
The Board is authorized and empowered, prior to issuing
a license, to require evidence of liability insurance in an amount
not less than $1,000,000, in effect covering all vehicles to be used
to transport bulky waste into the landfill area.
D.
Any licensee owning more than one vehicle and one
removable body will provide a list of all vehicles and removable bodies
to the Board. Changes in vehicles or removable bodies used to transport
bulky waste to the landfill shall be provided by the licensee as changes
occur. The list shall designate each vehicle by Connecticut registration
number, cubic yard capacity, tare weight and gross weight and each
removable body by identification number, cubic yard capacity, tare
weight and gross weight.
E.
A licensed commercial collector attempting to deposit
bulky waste in the landfill which was collected or generated in a
town other than Killingworth shall be ordered to remove the vehicle
from the landfill area immediately by any member of the Board of Selectmen,
or its employees or agents, or by the First Selectman, notwithstanding
the fact that part of said load of bulky waste was collected or generated
in the Town of Killingworth.
F.
Licenses must be affixed to the vehicle described
in the license and shall be shown on request at the time of dumping.
No commercial collector shall be allowed to dump a load of bulky waste
in the landfill if the operator of the vehicle fails to properly display
said license or fails to show said license on request. In such instances,
such vehicle shall be ordered to be removed from the landfill area
immediately by any member of the Board of Selectmen or any of its
employees or agents, or by the First Selectman.
G.
The licensee shall pay to the Town of Killingworth
a fee as set by the Board of Selectmen per cubic yard based on the
full registered capacity of the vehicle dumping. Such fee shall be
paid in advance.
[Amended 6-11-2008]
A.
Each commercial collector which violates any of the
sections of this article shall be subject to a fine in an amount not
greater than $100 for the first offense and to a fine of $100 for
each subsequent offense. Any resident who violates any section of
this article shall be subject to a fine in an amount not greater than
$25 for the first offense and to a fine of $50 for each subsequent
offense.
B.
Each commercial collector which violates any of the sections of this article shall be subject to the following penalties in addition to the fines set forth in Subsection A of this section: in the event of two or more violations within any calendar year, suspension of the right to dump at the landfill for the remainder of the calendar year or for a period of time not to exceed six months, whichever is greater.
C.
The Board of Selectmen shall post notice in conspicuous
locations in and around the landfill informing persons of the penalty
for violating this article.
A.
Any commercial collector whose right to dump at the landfill has been suspended under § 397-4 of this article, within five calendar days of the receipt of written notice of such suspension, may apply in writing to the First Selectman for reinstatement of the right to dump in the landfill.
B.
Filing such an application will stay the suspension
until the Board of Selectmen issue a decision as stated below.
C.
Within five calendar days of the filing of the application,
the First Selectman shall set a date for a hearing on the application,
which date shall be within 10 calendar days of the filing of the application,
and shall give written notice of the time and place of the hearing
to the commercial collector.
D.
At such hearing the commercial collector may present
evidence in support of its claim that its right to dump at the landfill
should not be suspended. The commercial collector may be represented
by counsel and may present testimony and documentary or other evidence
in support of its position and may cross-examine any persons testifying
against it.
E.
If the Board of Selectmen, based on evidence presented
at the hearing, decides that the commercial collector's right to dump
at the landfill should be reinstated, it shall so advise the commercial
collector, in writing, whereupon such suspension shall end. If the
Board of Selectmen decides that the commercial collector's suspension
should stand, it shall so advise the commercial collector, in writing.
Notification to the commercial collector of the decision shall be
sent by certified mail, and such decision shall become effective upon
receipt by the commercial collector.
A.
Until this article becomes effective, existing ordinances
and rules concerning the licensing of commercial collectors and disposal
of bulky waste at and use of the landfill will remain in full force
and effect.
B.
The Board of Selectmen is authorized to adopt reasonable
rules and regulations to put this article into effect. Such regulations
shall be in writing and shall be effective upon publication in the
newspaper having general circulation in the Town of Killingworth.
