The purpose of this article is to revise and
restate Ordinance No. 91 to include changes in the law relating to recycling solid
waste included in Public Act Nos. 90-220 and 90-249.
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:
CARDBOARD
Corrugated boxes and similar corrugated and kraft paper materials
which have a minimum of contamination by food or other material.
COLLECTOR
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.
COMMISSIONER
The Commissioner of Environmental Protection of the State
of Connecticut or his authorized agent.
HDPE (high-density polyethylene) PLASTIC FOOD AND BEVERAGE CONTAINER
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.
METAL FOOD AND BEVERAGE CONTAINER
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.
NEWSPAPER
Used or discarded newsprint which has a minimum of contamination
by food or other material.
OFFICE PAPER
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.
PERSON
Any individual, organization, corporation, trust, partnership,
foundation, group, association or establishment or any combination
of them.
RECYCLE
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.
RECYCLING
The processing of solid waste to reclaim material therefrom.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, excluding
hospitals, institutions, motels and hotels.
RESOURCES RECOVERY FACILITY
A facility utilizing processes to reclaim energy from municipal
solid waste and, particularly, the Mid-Connecticut Resources Recovery
Facility located in Hartford.
SCRAP METAL
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.
SCRAP TIRES
Discarded rubber or synthetic rubber tires used by or manufactured
for vehicles, including but not limited to automobiles, trucks, buses
and trailers.
SOLID WASTE
Solid, liquid, semisolid or contained gaseous material that
is unwanted or discarded, including but not limited to material processed
at a recycling facility.
SOLID WASTE DISPOSAL AREA
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.
SOLID WASTE FACILITY
Any solid waste disposal area, volume reduction plant, transfer
station, woodburning facility or biomedical waste treatment facility.
STATE
The State of Connecticut.
STORAGE BATTERY
Lead acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
TOWN
The Town of Farmington and includes authorized officers,
boards, commissions and agencies of the Town.
TRANSFER STATION
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.
WASTE OIL
Crankcase oil that has been utilized in internal combustion
engines.
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.