[Adopted 2-23-1988 by Ord. No. 87]
The accumulation, collection, removal and disposal
of solid waste must be controlled by the Town of Farmington for the
protection of the public health, safety and welfare. It is consequently
found and declared that:
A.Â
The Town of Farmington 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.
B.Â
The Town of Farmington is also authorized by C.G.S.
§ 22a-220a to designate the area where solid waste generated
within its boundaries shall be disposed.
C.Â
The Town of Farmington has executed the municipal
service agreement requiring it to cause all solid waste generated
within its boundaries and which meets the contractual standards to
be delivered to the Mid-Connecticut System.
D.Â
The public health, safety and welfare of the Town
of Farmington will be best served by requiring the delivery of such
solid waste to the Mid-Connecticut System Hartford Facility for processing
by the Mid-Connecticut System and for the generation of electricity.
E.Â
The enactment of this article is in furtherance of
this municipality's regional solid waste management plan.
The following terms shall have the following
meanings:
The Connecticut Resources Recovery Authority established
pursuant to Chapter 446e of the Connecticut General Statutes, as amended.
For solid waste delivered to the Mid-Connecticut System,
as follows:
It must be solid waste emanating from within
the corporate boundaries of the Town of Farmington.
It must not be of such a quantity, quality or
other nature as to materially impair the operation or capacity of
the Mid-Connecticut System or any portion thereof, normal and reasonable
wear and usage excepted.
It must not be of such a quantity, quality or
other nature as to materially impair the strength or the durability
of the structures, equipment or works which are part of the Mid-Connecticut
System or any portion thereof.
It must not be of such quantity, quality or
other nature as to create flammable or explosive conditions in the
Mid-Connecticut System or any portion thereof.
It must not contain chemical or other properties
which are deleterious, as determined by the Authority, or capable
of causing material damage to any part of the system or to personnel.
It must not include any hazardous waste.
It must not exceed the following dimensions:
Lumber: six feet in length or width or four
inches in thickness.
Trees or limbs: six feet in length or three
inches in diameter, with branches cut to within six inches of the
trunk.
Metal pipe: three feet in length and 1 1/2 inches
in inside diameter.
Cans or drums: five-gallon capacity, opened
and empty.
The Highway Superintendent of the Town of Farmington.
That amount of money to be charged for each ton of solid
waste delivered to the Mid-Connecticut System as established by the
procedures authorized in the municipal service agreement.
Pathological, biological, cesspool or other human wastes,
human and animal remains, radioactive, toxic and other hazardous wastes
which, according to federal, state or local rules or regulations from
time to time in effect, require special handling in their collection,
treatment or disposal, including those regulated under 42 U.S.C. § 6921
to 42 U.S.C. § 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 a similar nature.
The system for the processing of solid waste and the recovery
of energy therefrom constructed by the Authority pursuant to the municipal
service agreement.
The municipal solid waste management services contract between
the Town of Farmington and the Authority dated as of 1987.
Includes any person, firm or corporation engaged in the business
of collecting and transporting commercial, household or industrial
solid waste for hire within the Town of Farmington.
Unwanted or discarded materials consistent with the meaning
of that term pursuant to C.G.S. § 22a-260(7), excluding
semisolid or liquid materials collected and treated in a sewerage
system.
All solid waste accumulated in the Town of Farmington
shall be collected, conveyed and disposed of by the Town of Farmington
or by persons licensed by the Town of Farmington to perform such work
and in accordance with the provisions of this article. No other person
shall collect, convey over any street or dispose of any solid waste
in the Town of Farmington, except that the actual producers of solid
waste or the owners of premises in the Town of Farmington upon which
solid waste has accumulated may personally collect, convey and dispose
of such solid waste using a vehicle no larger than a three-fourths-ton
pickup truck, upon complying with the other provisions of this article
and with any other applicable ordinances and regulations. No solid
waste collected from outside the Town of Farmington shall be disposed
of under a license or registration issued pursuant to this article.
A.Â
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
or more of the following conditions to prevail:
(1)Â
The applicant has been irresponsible in the conduct
of solid waste collection and hauling operations based upon previous
suspensions and/or revocations of licenses.
(2)Â
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.Â
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 Town of Farmington.
C.Â
Registration of vehicles and containers. Each licensed
refuse collector shall obtain a separate registration for each vehicle
he operates to transport solid waste within the Town of Farmington.
When a vehicle is employed to transport more than one container, each
container to be transported instead of the vehicle shall be registered.
Registrations shall not be transferable from vehicle to vehicle nor
from container to container; provided, however, that the director
may allow such temporary transfer of registrations in hardship situations,
such as a temporary breakdown of an individually licensed vehicle.
D.Â
Registration term, fee and renewal. All registrations
shall be issued for a term not to exceed one year and shall be renewable
on or before the first day of July of each year. The registration
fee shall be $100 for each vehicle and/or container with a capacity
of 10 or more cubic yards and $50 for each vehicle and/or container
of a capacity of less than 10 cubic yards.
E.Â
Reinspection upon sale or transfer of a vehicle during
the registration year. Whenever a duly registered vehicle is sold
or transferred to another refuse collector licensed in the Town of
Farmington during the registration year, said vehicle shall be reinspected
within seven days of such transfer date, but no additional fee shall
be required.
F.Â
Display of registration. The registration issued shall
be conspicuously displayed on the left front of the body of each vehicle
or container so licensed or as may be directed.
G.Â
Notification required upon sale or 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 the Town of Farmington, he shall forthwith give written notice
to the director at least seven days before the date of the sale or
transfer stating the name of the buyer or transferee and the intended
date of sale.
H.Â
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 the Town of Farmington, 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 the Town of Farmington.
I.Â
Routes serviced. As a prerequisite to the issuance
or renewal of any license, the refuse collector must, during the month
of June, furnish to the director the geographical routes within the
Town of Farmington that such refuse collector services or intends
to service.
A.Â
Generally. A license to engage in solid waste collection
in the Town of Farmington and to use the Mid-Connecticut System Hartford
Facility or other refuse facilities provided by the Town of Farmington
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.Â
Notice required. Revocation or suspension shall only
become effective 10 calendar days after receipt of written notice
from the director.
C.Â
Request for review; filing; 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 five calendar days of receipt of said notice, file a written request for review with the Town Manager. Failure to timely file such request for review shall make the director's action final and binding upon the refuse collector.
D.Â
Effect of timely filing. Timely filing of such request
for review shall operate as an automatic stay of the director's action.
E.Â
Hearing. The Town Manager shall, within 15 days, hear
and decide the matter. Such hearing shall be private; except, however,
that such hearing may be public if so requested, in writing, by the
refuse collector. The decision of the Town Manager shall be final
and binding upon the refuse collector.
F.Â
Names and addresses of customers to be furnished upon
revocation or suspension. Whenever a refuse collector's license or
registration is revoked or suspended, he shall furnish the director,
within 24 hours, with the names and addresses of his customers to
ensure continuity of service.
G.Â
Refusal of permission to use the Mid-Connecticut System
Hartford Facility. Notwithstanding anything to the contrary herein,
the director shall have the power to refuse permission to a refuse
collector to use the Mid-Connecticut System Hartford Facility when,
in his opinion, such refuse collector has violated this article or
any other applicable rule or regulation.
A.Â
The director shall administer the licensing of any
refuse collector engaged in the collecting and transporting of solid
waste in the Town of Farmington.
B.Â
The director shall, when considering an application
for a solid waste collection license, including renewal, ascertain
that the applicant has adequate liability insurance, as required in
the solid waste permitting disposal and billing regulations of the
Authority.
C.Â
The director may promulgate additional collection
and disposal procedures from time to time as he deems proper, but
such rules shall not be inconsistent with this article.
A.Â
Place of delivery; payment. Each refuse collector
shall deliver all solid waste meeting the contractual standards collected
within the territorial limits of the Town of Farmington to the Mid-Connecticut
System Hartford Facility and pay the disposal charge.
B.Â
Deposit at dropoff location. All other solid waste,
including that personally disposed of by a producer of solid waste
or the owner of premises in the Town of Farmington upon which solid
waste has accumulated in such volumes as the Town can accept, may
be deposited at such citizen dropoff location within the Town of Farmington
for transshipment to the Mid-Connecticut System upon payment of such
charge as the Town may set. Such solid waste shall be limited to small
volumes which are brought to the site by the property owner or solid
waste generator in their own vehicles. The Town shall have the exclusive
right to determine the acceptability of such solid waste.
C.Â
Failure to pay. Any refuse collector failing to pay
to the Authority any disposal charge within 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 1% 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 the Authority. A failure to pay shall also be grounds
for revocation or suspension of a license and registration.
D.Â
Prohibition on delivery. No licensee shall deliver
any solid waste meeting the contractual standards to any final place
other than the Mid-Connecticut System Hartford Facility, unless the
Mid-Connecticut System Hartford Facility is incapable of accepting
such solid waste at the time of delivery, in which event such solid
waste shall be delivered to the place designated by the director.
E.Â
Construction and maintenance of vehicles and containers.
All vehicles registered to collect and transport solid waste to the
Mid-Connecticut System Hartford Facility shall be automatic unloading
vehicles of watertight construction and shall be maintained free from
obnoxious odors and accumulated solid waste. Any such vehicle with
a capacity in excess of 10 cubic yards shall be of a closed construction.
A container utilized primarily for nonliquid solid waste need not
be of watertight construction and shall be completely enclosed and
maintained free from obnoxious odors and accumulated solid waste.
If any such vehicle shall have a capacity of less than 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.
Any person violating the terms of this article
shall be fined not more than $100 for each offense, in addition to
any other penalty imposable hereunder.
[Added 3-28-1995]
This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 91 of the Farmington Code shall be followed.
