[Adopted 12-18-1990 by Ord. No.
91]
The purpose of this article is to revise and
restate Ordinance No. 91[1] to include changes in the law relating to recycling solid
waste included in Public Act Nos. 90-220 and 90-249.
[1]
Editor's Note: Ordinance No. 91 was originally
adopted 4-17-1990.
There is established a Town solid waste recycling
program with standards to effect the maximum level of recycling of
solid waste and source separation.
The Highway Superintendent shall be the administrator
of the recycling program and is vested with full powers to develop
and operate a recycling program consistent with this article and the
laws and regulations of the state.
The recycling of solid waste is a responsibility
of the Town of Farmington and of each residence and business within
the Town, as contained in C.G.S. §§ 22a-241 to 22a-241h,
inclusive, and §§ 22a-220 to 22a-220a, inclusive, as
amended by Public Act Nos. 90-220 and 90-249. It is consequently found
and declared that:
A.
Pursuant to C.G.S. § 22a-241b, as amended
by Public Act No. 90-220, on and after January 1, 1991, each person
who generates solid waste from residential property shall separate
from other solid waste the items designated for recycling pursuant
to said statute and every other person (business or institution) who
generates solid waste shall make provision for the separation from
other solid waste of the items so designated.
B.
Under C.G.S. § 22a-241b, as amended, the
Town shall, by January 1, 1991, adopt an ordinance to assure that
persons, businesses and waste haulers comply with recycling requirements
and to provide the Department of Environmental Protection with the
name, address and phone number of the person to receive information
and respond to questions regarding recycling from the Department on
behalf of the municipality.
C.
The public health, safety and welfare of the Town
shall be best served by the recycling of those items so designated
by the Department of Environmental Protection and by delivering such
other solid waste to the Connecticut Resources Recovery Authority's
Mid-Connecticut project for processing in the generation of electricity.
D.
The enactment of this article will enable the Town
to effectuate the separation and collection of certain recyclable
materials, thereby fulfilling the Town's obligations under applicable
state law and regulations.
E.
The successful operation of the recycling program
may require the issuance of regulations and instructions setting forth
procedures to be followed by residents, businesses and institutions,
collectors and others. The administrator of the recycling program
is authorized and directed to promulgate such regulations and instructions,
which shall be binding upon all persons within the Town in order to
effect an efficient and economical recycling program consistent with
this article and applicable state law and regulations.
For the purpose of this article, the terms below
shall have the following meanings:
Corrugated boxes and similar corrugated and kraft paper materials
which have a minimum of contamination by food or other material.
Any person who holds himself out for hire to collect solid
waste from residential, business, commercial and other establishments
within the Town and, particularly, such person who has been authorized
by the Town to collect solid waste within the Town.
[1]The Commissioner of Environmental Protection of the State
of Connecticut or his authorized agent.
The General Statutes of Connecticut, as amended.
A glass bottle or jar of any size or shape used to package
food or beverage products suitable for human or animal consumption.
Any high-density polyethylene bottle, jar or container of
any size or shape used to package food or beverage products suitable
for human or animal consumption or used for household laundry products
or motor oil and which is frequently marked on the bottom of the bottle,
jar or container with the number two encircled by the recycling symbol.
A facility where glass, metals, paper products, batteries
and other items are removed from the waste stream for recycling or
reuse.
The foliage of trees.
An aluminum, bimetal, steel, tin-plated steel or other metallic
can, plate or tray of any size or shape used to package food or beverage
products suitable for human or animal consumption.
Used or discarded newsprint which has a minimum of contamination
by food or other material.
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,
excluding office paper generated by households.
Any individual, organization, corporation, trust, partnership,
foundation, group, association or establishment or any combination
of them.
Any bottle, jar or container of any size or shape used to
package food or beverage products suitable for human or animal consumption
and which is frequently marked on the bottom of the bottle, jar or
container with the number one encircled by the recycling symbol.
Cardboard, glass food and beverage containers, metal food
and beverage containers, newspaper, office paper, scrap metal, storage
batteries and waste oil, as defined herein, and such other items as
may be designated by the Commissioner.
To separate or divert an item or items from the solid waste
stream for the purpose of processing it or causing it to be processed
into a material product, including the production of compost, in order
to provide for disposition of the item or items in a manner, other
than incineration or landfilling, which will best protect the environment.
The processing of solid waste to reclaim material therefrom.
Any box or container designated as a recycling container
by the Town.
Land and appurtenances thereon and structures where recycling
is conducted, including but not limited to an intermediate processing
center.
Real estate containing one or more dwelling units, excluding
hospitals, institutions, motels and hotels.
A facility utilizing processes to reclaim energy from municipal
solid waste and, particularly, the Mid-Connecticut Resources Recovery
Facility located in Hartford.
Used or discarded items which consist predominately of ferrous
metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys
thereof, including but not limited to white goods and metal food containers.
Discarded rubber or synthetic rubber tires used by or manufactured
for vehicles, including but not limited to automobiles, trucks, buses
and trailers.
Solid, liquid, semisolid or contained gaseous material that
is unwanted or discarded, including but not limited to material processed
at a recycling facility.
Land and appurtenances thereon and structures, including
a landfill or other land disposal site, used for the disposal of more
than 10 cubic yards of solid waste.
Any solid waste disposal area, volume reduction plant, transfer
station, woodburning facility or biomedical waste treatment facility.
The State of Connecticut.
Lead acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
The Town of Farmington and includes authorized officers,
boards, commissions and agencies of the Town.
The site and depository to which solid waste and items to
be recycled may be deposited for hauling to the Mid-Connecticut Resource
Recovery Facility or to an intermediate processing center or such
other place designated or approved by the Town.
Crankcase oil that has been utilized in internal combustion
engines.
A.
Each person owning or occupying property, whether
it be residential, business or institutional, shall separate or cause
to be separated from other solid waste the following items for recycling:
B.
The occupant or owner of any building within the Town
whose solid waste is collected by the Town or its authorized agents
shall place items to be recycled as follows:
(1)
The Town shall provide one free recycling container
to each occupant or owner of any building within the Town whose solid
waste is collected by the Town or its authorized agents.
(a)
The owner or occupant of any building shall
label the recycling container or cause said container to be labeled
with the address where the container shall be used.
(b)
The recycling container shall remain the property
of the Town.
(c)
The replacement of recycling containers or the
purchase or supply of additional containers shall be determined by
the administrator of the Town recycling program.
(2)
All items to be recycled set out for collection by
the Town shall be placed in the recycling container as follows:
(a)
Glass food containers and metal food containers
shall be rinsed and placed together in the recycling container.
(b)
Newspaper shall be bundled and shall be placed
on top of the glass food containers and metal food containers in the
recycling container.
(c)
Cardboard shall be flattened and placed with
the other items to be recycled in the recycling container.
C.
The occupant or owner of any building within the Town
whose solid waste is collected by the Town or its authorized agents
shall handle other items to be recycled as follows:
(1)
Waste oil shall be brought to the highway garage in
covered containers and shall be placed next to the waste oil storage
container.
(2)
Scrap metal shall be brought to the scrap metal storage
container at the recycling center.
(3)
Storage batteries shall be brought to the highway
garage.
(4)
Scrap tires shall be brought to the recycling center.
(5)
Leaves shall be placed behind the curb or street line
in the fall. At other times during the year, leaves may be brought
to the recycling center.
(6)
No nonrecyclable items, including plastic bags, shall
be included with recyclables.
(7)
No single container of recyclables shall weigh more
than 50 pounds.
D.
All recycling containers shall be placed for collection
purposes within 10 feet of the street or curb line.
E.
The Town's authorized collector shall deliver items
to be recycled to an intermediate processing center or to such other
locations designated by the Town and shall pay or otherwise arrange
for payment of recycling charges.
F.
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 items to be recycled which have been deposited at
the curb for collection. From the time of deposit at the curb for
collection, recyclable items become the property of the Town.
G.
Nothing in this article shall abridge the right of
any person, partnership, firm or corporation to give or sell their
recyclables, including deposit beverage containers, to any person,
partnership, firm, corporation or recycling program lawfully operated
for profit, nonprofit or charitable purposes, provided that such recyclables
shall not have been deposited at the curb for collection by the Town
or its designated agent.
H.
The administrator of the recycling program shall be
responsible for and shall arrange for the items listed above, generated
from residential properties that have their solid waste collected
by the Town's collector, to be collected and delivered to the regional
intermediate processing center or to such other designated site in
accordance with the provisions of this article and applicable state
law and regulations.
I.
The administrator of the recycling program shall take
appropriate action to cause each owner of property used for business,
institutional and/or other nonresidential purposes, at such owner's
expense, to collect and have recycled the items listed above in accordance
with the provisions of this article and applicable state laws and
regulations.
J.
The administrator of the recycling program may require
collectors of solid waste to submit to the Town plans for recycling
and periodic reports setting forth specified data relating to the
amount and nature of items recycled.
K.
The administrator of the recycling program, with the
consent of the Town Manager, may require the separation and recycling
of items in addition to those designated above.
L.
The administrator of the recycling program may promulgate
additional collection, recycling and disposal procedures from time
to time as he deems proper, but such rules shall not be inconsistent
with this article.
A.
Any collector hauling solid waste generated by residential,
business or other establishments within the Town shall register in
the Town within 30 days of the effective date of this article and
shall disclose the name of any other municipality in which such collector
hauls solid waste. The administrator of the recycling program is authorized
and directed to establish reasonable requirements and qualifications
for a person to be a collector of solid waste within the Town. A permit
and payment of a permit fee may be required.[1]
B.
The door of any private vehicle used to haul solid
waste generated within the Town shall be clearly marked with the business
name and address of the hauler.
C.
The administrator of the recycling program shall, by mail, give notice of this article and any other provisions promulgated for the collection, hauling, processing and marketing of items required to be recycled to all collectors registered under Subsection A of this section. After such notice, any collector who has reason to believe that a person from whom he has collected solid waste has discarded items required to be recycled with such solid waste shall promptly notify the administrator of the recycling program of the alleged violation. Upon request by the administrator of the recycling program, a collector shall provide a warning notice, by tag or other means, to any person suspected by the collector or by the Town of violating separation requirements. Each collector shall also assist the Town by identifying any person responsible for creating loads containing significant quantities of items required to be recycled mixed with solid waste which are delivered to a resources recovery facility or solid waste facility by the collector.
D.
On and after January 1, 1991, as required by Section
4(b) of Public Act No. 90-220, the owner or operator of each resources
recovery facility or solid waste facility who has reason to believe,
upon visual inspection, that a load of solid waste which is delivered
to the facility contains significant quantities of any items required
to be recycled is required to provide prompt notification of such
belief to the driver of the vehicles delivering the load and to the
administrator of the recycling program if the load originated within
the Town. Under said Section 4(b) of Public Act No. 90-220, the owner
or operator of each resources recovery facility or solid waste facility
is also required to conduct unannounced inspections of loads delivered
to resources recovery facilities or solid waste facilities.
E.
Any collector who dumps more than one cubic foot in
volume of solid waste at one time in an area not designated for such
disposal or who knowingly mixes other solid waste with items required
to be recycled shall, for a first violation, be liable for a civil
penalty of $1,000 and for a subsequent violation shall be liable for
a civil penalty of $5,000. The Town or the Attorney General, at the
request of the Commissioner, may bring an action under Section 3(f)
of Public Act No. 90-220, which action shall have precedence in the
order of trial as provided in C.G.S. § 52-191.
A.
The administrator of the recycling program shall serve
as the Town liaison agent with the Commissioner with respect to receiving
information and responding on behalf of the Town to questions regarding
recycling from the Department of Environmental Protection. In the
event that the person serving as the Town liaison agent with the Commissioner
is changed, the Town, within 30 days of the change, shall provide
the Commissioner with the name, address and telephone number of the
newly designated person.
On or before July 1, 1991, and annually thereafter,
the Town or its designated regional agent shall provide a report to
the Commissioner of Environmental Protection describing the measures
taken during the preceding year to meet its obligations under Section
2 of Public Act No. 90-220. The Commissioner shall provide the Town
with a form for such report. The report shall include but not be limited
to the following:
A.
A description of the efforts made by the Town to promote
recycling.
B.
A description of the Town's efforts to ensure compliance
with separation requirements.
C.
The amount of each recyclable item contained in its
solid waste stream which has been delivered to a recycling facility
as reported to the Town or its designated regional agent by the owner
or operator of the recycling facility or by a scrap metal processor.
D.
The amount of solid waste generated within the Town's
boundaries which has been delivered to the Mid-Connecticut Resource
Recovery facility for disposal, as reported to the Town or its designated
regional agent by the owner or operator of the Mid-Connecticut facility.
A.
Notwithstanding any other sections of the General Statutes to the contrary, the Town, acting by its administrator of the recycling program, may impose a penalty not to exceed $500 for each violation by a commercial establishment of the requirements of Subsection (c) of C.G.S. § 22a-241b, as amended by Section 1 of Public Act No. 90-220, as set forth in § 165-18 of this article.
B.
The owner or operator of the Mid-Connecticut Resource
Recovery Facility or a landfill who fails to notify the Town about
the delivery of loads of solid waste originating from the Town containing
significant quantities of items to be recycled as required by this
article shall be subject to a warning by the Town or the Commissioner
for a first violation and to a civil penalty of $500 for any subsequent
violation. If the Town fails to receive such notification as required,
the Town, or the Attorney General, at the request of the Commissioner,
may bring an action under Section 3 of Public Act No. 90-249.
C.
Any person who violates the provisions of this article
shall, in addition to other legal remedies available to the Town,
be cited or fined not more than $100 for each offense, and each violation
of this article or of regulations and instructions promulgated pursuant
to this article shall be a separate violation. This article and the
regulations and instructions promulgated pursuant to this article
may be enforced by citations issued by the administrator of the recycling
program. Before issuing any citation, the administrator of the recycling
program shall issue a written warning providing notice of the specific
violation in accordance with C.G.S. § 7-148(c)(10)(A).
D.
The Town may be subject to penalties imposed upon
it under Section 2(g) of Public Act No. 90-220 if the Commissioner
determines that the Town is making insufficient progress in implementing
a recycling program.
E.
The citation hearing procedure provided in C.G.S. § 7-152c is established as the Town's citation hearing procedure, which may be followed when citations pursuant to § 165-22C of this article are issued. The chief executive officer of the Town is authorized to issue such rules and regulations governing the operation of the citation hearing procedure so long as such rules and regulations are consistent with C.G.S. § 7-152c.
A.
All other solid waste, including that disposed of
by a generator of solid waste or the owner of premises in the Town
on which such solid waste has accumulated in such volume as the Town
can accept, may be deposited at a citizen drop-off location within
the Town, to be recycled or disposed of 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 occupant or
the solid waste generator in his own vehicles. The Town shall have
the exclusive right to determine the acceptability of such solid waste.
B.
The Town shall assist small generators of solid waste
by providing a transfer station for certain items to be recycled and
by assisting in the overall education and publicity efforts promoting
recycling.
C.
The Town may designate a recycling facility for the
delivery of items to be recycled generated by residential units within
the Town whose solid waste is not collected by the Town or its authorized
agents. Prior to designating a recycling facility within the Town,
the Town Council shall give advance notice of its intent to designate
such a recycling facility and, prior to the final designation of such
a facility, shall hold a public hearing and shall consider private
recycling occurring within the Town.
