[HISTORY: Adopted by the Town of Ellington
as indicated in article histories. Amendments noted where applicable.]
[Adopted effective 1-1-1991]
As used in this article, the following terms
shall have the meanings indicated:
A building or set of buildings which contains four or more
apartment units in which residents live and which is owned by a single
owner (partnership or corporation).
[Amended by Town Meeting 5-14-2018]
Corrugated boxes and similar corrugated and kraft paper materials
which have a minimum of contamination by food, liquid or other material.
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
Those recyclable materials designated by the Town of Ellington
to be source-separated. The term includes, but is not limited to,
newspaper, glass and metal food containers, car batteries, cardboard,
office paper, scrap metal, waste oil, and leaves.
A glass bottle or jar of any size or shape used to package
food or liquid products suitable for human or animal consumption.
All solvents, acids, pesticides, herbicides, oils, chemicals
and other toxic or hazardous materials.
A facility which can recycle an item or items and market
or deliver for reuse the resulting material or product or products.
An aluminum, bimetal, steel, tin-plated steel, or other metallic
can, plate or tray of any size or shape used to package food or liquid
products suitable for human or animal consumption.
Used or discarded newsprint of the type distributed daily
or weekly 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.
Office paper generated by households is excluded.
Any process by which materials which would otherwise become
solid waste are separated, collected and processed and returned to
economic use in the form of raw materials or products.
Specifically marked plastic containers provided by the contractor
or the Town to each dwelling unit in the Town.
Any human being residing within the Town of Ellington on
a temporary or permanent basis.
Property used as a place of residence by any resident.
Any building and/or structure, or portion thereof, which
is used for residential housing purposes, irrespective of whether
the resident therein is transient, temporary or permanent, and having
three or fewer distinct living units. For purposes of this article,
condominium units (attached or detached) shall be considered residential
units whether or not a building or complex contains more than three
units. Apartments are specifically not included in this definition.
[Added by Town Meeting 5-14-2018]
Used or discarded items made of ferrous metals, aluminum,
brass, copper, lead, chromium, tin, nickel or alloys thereof, including
but not limited to white goods and metal food containers.
All refuse normally placed in containers by occupants of
residential, commercial and industrial property for disposal by the
refuse collector or the Town.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Lead acid batteries or other batteries used in motor vehicles,
such as, but not limited to, automobiles, airplanes, boats, recreational
vehicles, and tractors.
Crankcase oil that has been utilized in internal combustion
engines.
This article shall become effective on January
1, 1991.
A.
Commencing on the effective date set forth above,
it shall be mandatory for all residents of residential property (including
condominiums and apartments) and occupants of business and industrial
property and of private, public and governmental institutions and
buildings to engage in recycling as provided hereafter.
B.
Materials designated as recyclable for this program
in accordance with this action shall consist of the following materials:
(1)
Newspaper.
(2)
Glass food containers.
(3)
Metal food containers.
(4)
Cardboard.
(5)
Scrap metal.
(6)
Car batteries.
(7)
Waste motor oil.
(8)
Leaves.
(9)
Other recyclable materials as designated by the Board
of Selectmen of the Town of Ellington 30 days after designation and
publication of notice in a newspaper of general circulation in the
area.
A.
Residential units. On and after January 1, 1991, it
shall be mandatory for all persons who are owners or occupants of
residential units (including condominiums) to separate cardboard,
glass food containers, metal food containers, newspaper, scrap metal,
storage batteries, and leaves as herein defined from all other solid
waste generated by such residential units for collection and ultimate
recycling of said material.
[Amended by Town Meeting 5-14-2018]
B.
Business and industry. On and after January 1, 1991,
it shall be mandatory for all occupants of business and industrial
property and of private, public and governmental institutions and
buildings (where the number of occupants exceeds one, the chief executive
officer of the entity occupying said property, institution or building)
to separate cardboard, glass food containers, metal food containers,
newspapers, office paper, scrap metal, and leaves from all other solid
waste generated by said nonresidential establishments for collection
and ultimate recycling of said material.
C.
Apartments. On and after January 1, 1991, it shall
be mandatory for all apartment owners or managers to separate cardboard,
glass food containers, metal food containers, newspaper, office paper,
scrap metal, and leaves from all other solid waste generated by the
tenants of said apartments for collection and ultimate recycling of
said material.
D.
Additional recyclable materials. There shall be added to the list of recyclable materials described in Subsections A, B, and C above those items which are hereafter added to the list of recyclable materials contained in Chapter 446D of the Connecticut General Statutes and the regulations of the State of Connecticut Department of Environmental Protection in accordance therewith and/or as designated by the Ellington Board of Selectmen as specified in § 149-3B(9).
[Amended by Town Meeting 5-14-2018]
A.
Containers and fees. Each residential unit owner will
be furnished with a recycling container by the Town or its licensed
firm (contractor), the size of which container shall be determined
by the Director of Public Works based upon the type of the residential
unit. The residential unit owner may request a second container from
the contractor by submitting an application to the Director of Public
Works.
B.
Transporting of recyclable materials. The Town will
contract with a contractor to pick up the recyclable material on a
designated day and transport said materials to the designated recycling
facility. The contractor will leave the empty recycling container
at the curbside, and the residential unit owner will be responsible
for safekeeping the container. "Curbside" refers to that portion of
the right-of-way adjacent to paved or traveled roadways.
C.
Schedule for pickup of recyclable materials.
(1)
Recycling containers. The contractor shall pick up
the recyclable materials left in the containers on a biweekly basis.
The Selectmen shall establish a schedule for collection of said recyclable
materials and shall publicly advertise said schedule.
(2)
Batteries, waste motor oil, fluorescent bulbs, propane
tanks and electronics. Car batteries, batteries, waste motor oil,
fluorescent bulbs, propane tanks and electronics shall be delivered
by the resident or owner to the Department of Public Works for recycling,
during normal business hours.
(3)
Household hazardous waste. Household hazardous wastes
shall be delivered by the resident or owner to the recycling center
designated by the Mid Northeast Recycling Operating Committee, during
normal business hours.
(4)
Leaves. Leaves shall be picked up from the curbside
according to a designated schedule as set forth by the Selectmen.
The Town will not provide containers or pickup service for the nonresidential establishments as set forth in § 149-4B and C above. It shall be the responsibility of each of these establishments or its agent to have said recyclable material source-separated and collected and to enter into a private agreement with a contractor to have the recyclable material properly transported to the recycling facilities as later established by the Town.
A.
Biweekly recycling collections. The following recyclables
placed by residential unit owners or occupants for collection pursuant
to the program established in accordance with this article shall be
prepared for collection as follows:
[Amended by Town Meeting 5-14-2018]
(1)
Uncontaminated newspapers and cardboard shall be separated
and placed into the recycling container provided by the Town or its
contractor.
(2)
Glass and metal food containers, 1-7 plastics, and
any other material deemed to be recyclable by the Connecticut DEEP
for single-stream recycling shall be separated from other refuse and
placed into the recycling container. These recyclables shall be rinsed
free of food contaminants. The caps, tops and rings of glass and plastic
food and drink containers shall be removed.
(3)
On the day designated for collection of the recyclable
materials, each residential unit owner or occupant shall place the
recycling containers at the curbside or as close as practicable to
the collection vehicles' route by 6:00 a.m.
(4)
If the recycling container is not large enough to
hold all of the materials to be recycled, the residential unit owner
may request a second container from the contractor by submitting an
application to the Director of Public Works.
B.
Special recycling collections.
C.
Recycling requiring delivery by residents.
D.
All occupants of business and industrial property
and of private, public or governmental institutions and buildings
and apartments shall prepare recyclables for collection as follows:
(1)
The owner or occupant of business and industrial property
and of private, public and governmental institutions and buildings
shall separate the recyclable materials from all other solid waste
and contract with an approved waste collector for the proper transporting
of said recyclable materials.
(2)
Where the building, institution or property contains
two or more entities, then the chief executive officer or manager
of said building, institution or property shall establish a recycling
program with all occupants and contract with an approved waste collector
for the collection and proper transporting of the recyclable materials.
(3)
The owner or manager of an apartment complex shall
establish with all tenants a procedure for the separation and storage
of all recyclable material and shall contract with an approved waste
collector for collection and proper transporting of the recyclable
materials.
A.
All waste haulers and collectors shall register with
the Department of Public Works and gain Town approval for hauling
recyclable material prior to any transporting or collecting of any
recyclable materials. The Selectmen shall adopt and implement application
forms to identify the waste hauler, his address, name of the responsible
person, mailing address, telephone number, emergency telephone number,
and evidence of insurance for general liability for operation of a
motor vehicle and contamination resulting from improper handling of
waste material in the Town.
B.
All waste haulers or collectors operating within the Town of Ellington shall notify the Town's Director of Public Works of those persons, partnerships or corporations that have discarded recyclable material as defined in § 149-3B of this article with other solid waste.
C.
No waste haulers or collectors shall knowingly mix
recyclable material with other solid waste.
D.
Any waste hauler or collector who or which violates
this article shall be subject to the penalties provided herein as
well as those penalties provided by the Connecticut General Statutes.
The Selectmen are hereby granted the authority
to adopt regulations, policies or procedures to implement the following:
A.
It shall be unlawful to combine recyclable materials
or hazardous wastes with refuse. Refuse which has recyclable materials
commingled with it shall not be collected, and recyclable material
that has refuse commingled with it shall not be collected.
B.
It shall be the responsibility of the resident to
segregate properly the uncollected waste and either store or dispose
of it at his own expense.
C.
Allowing refuse to accumulate shall subject a resident
to a citation for violation of the Town Sanitary Code.
D.
Failure to recycle is a violation of this article.
E.
The recycling container shall be kept clean and stored
in such a location as not to constitute a nuisance or otherwise be
objectionable.
F.
No person having custody or control of residential
premises from which recyclables are collected for disposal by the
Town of Ellington shall permit or cause any recyclables within his
custody or control to become a hazard to public travel, health or
safety or become a nuisance of any sort.
G.
No person or corporation shall separate, recover,
collect, remove, store or dispose of recyclable material within the
Town of Ellington or the provisions of this article.
H.
No person, partnership, firm or corporation, other
than the authorized agents of the Town or employees of the Town acting
in the course of their employment, shall collect or pick up or cause
to be collected or picked up such recyclable material. Each and every
such collection or pickup in violation of this subsection shall constitute
a separate and distinct offense.
I.
Any person, firm or corporation found guilty of a
violation of any provision of this article or any of the rules and
regulations promulgated pursuant hereto shall be guilty of an infraction
as provided by the Connecticut General Statutes, as amended, and the
fines established pursuant thereto. This article and the regulations
pursuant thereto may be enforced by police officers of the Ellington
Resident Trooper's Office by citation issued by the same.
J.
In addition to any other penalty provided herein,
occupants of business and industrial property that is considered a
commercial establishment under the provisions of Public Acts 90-249
and 90-220 shall, for a violation of this article, be subject to a
penalty not to exceed $500 for each violation as provided in said
public acts.[1]
[1]
Editor's Note: See C.G.S. § 22a-241i.
The provisions of this article are severable.
If any provision of this article or its application to any person
or circumstance is held invalid, said invalidity shall not offset
any other provision or application of this article which can be given
effect without the invalid provision or application of this article.
[Adopted effective 7-15-1993]
As used in this article, the following terms
shall have the meanings indicated:
A building or set of buildings which contains four or more
apartment units in which residents live in and which is owned by a
single owner (partnership or corporation).
Includes, but not by way of limitation, discarded large household
appliances, furniture, carpets, mattresses and similar large items
which cannot be placed in a covered container and which are acceptable
at the Connecticut Resources Recovery Authority (CRRA) facility in
Hartford.
Corrugated boxes and similar corrugated and kraft paper materials
which have a minimum of contamination by food, liquid or other material.
Any and all property within the Town of Ellington used for
any commercial or industrial purpose as defined in the Ellington Zoning
Regulations as the same exist or may be amended from time to time.[1]
Source-separated, manipulators recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
Those recyclable materials designated by the Town of Ellington
to be source-separated. The term includes, but is not limited to,
newspaper, glass and metal food containers, car batteries, cardboard,
office paper, scrap metal, waste oil, leaves, designated plastics
and such other items designated as recyclable from time to time by
CRRA.
Any waste material, except by-product material, source material
or special nuclear material as defined in Connecticut General Statutes
§ 22a-151, which may pose a present or potential hazard
to human health or the environment when improperly disposed of, treated,
stored, transported, or otherwise managed, including:
Hazardous waste identified in accordance with
§ 3001 of the Federal Resource Conservation and Recovery
Act of 1976 (42 U.S.C. § 6901 et seq.);
Hazardous waste identified by regulation by
the Department of Environmental Protection; and
Polychlorinated biphenyls in concentrations
greater than 50 parts per million (C.G.S. § 22a-115).
A facility which can recycle an item or items and market
or deliver for reuse the resulting material, product or products.
An aluminum, bimetal, steel, tin-plated steel, or other metallic
can, plate or tray of any size or shape used to package food or liquid
products suitable for human or animal consumption.
Includes all putrescible and nonputrescible solid or semisolid
wastes, including smattered or wet wastes with insufficient moisture
and other liquid contents to be free flowing, garbage, rubbish, ashes,
demolition and construction wastes and other discarded materials resulting
from domestic operations and activities, but does not include solids
or dissolved materials in domestic sewage or other significant pollutants
in water resources. "Solid waste" shall not include or refer to bulky
waste, special wastes, and recyclables.
Used or discarded newsprint of the type distributed daily
or weekly which has no 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 no contamination. Office
paper generated by households is excluded.
Materials which would otherwise become solid waste, which
can be separated, collected and processed and returned to economic
use in the form of raw materials or products.
Any process by which materials which would otherwise become
solid waste are separated, collected and processed and returned to
economic use in the form of raw materials or products.
Specifically marked plastic containers provided by the contractor
or the Town to each dwelling unit in the Town.
Any human being residing within the Town of Ellington on
a temporary or permanent basis.
Any building and/or structure, or portion thereof, which
is used for residential housing purposes, irrespective of whether
the resident therein is transient, temporary or permanent, and having
three or fewer distinct living units. For purposes of this article,
condominium units (attached or detached) shall be considered residential
units whether or not a building or complex contains more than three
units; however attached condominium units may be treated differently
than detached condominium units or other residential units as more
specifically set forth in this article. Apartments are specifically
not included in this definition.
[Amended by Town Meeting 5-14-2018]
Used or discarded items made of ferrous metals, aluminum,
brass, copper, lead, chromium, tin, nickel or alloys thereof, including
but not limited to white goods.
Flammable waste, countenanced waste (e.g., drum, barrel,
portable tank, box, pail, etc.), waste transported in a bulk tanker,
liquid waste, sludge waste, residue and debris from the cleanup of
a spill or release of chemical substances, commercial products or
any other special wastes, contaminated soil, waste, residue, debris
and articles from the cleanup of a site or facility formerly used
for the generation, storage, treatment, recycling, reclamation or
disposal of any other special wastes, dead animals, manure, explosive
substances, radioactive materials, materials which have been exposed
to highly infectious or contagious diseases, hazardous materials,
tires and yard waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Lead acid batteries or other batteries used in motor vehicles,
such as, but not limited to, automobiles, airplanes, boats, recreational
vehicles, and tractors.
Crankcase oil that has been utilized in internal combustion
engines.
This article shall become effective July 15,
1993.
Commencing on the effective date set forth above,
the Town shall provide curbside collection of solid waste for all
residents of residential property (including condominiums but excluding
apartments).
[Amended by Town Meeting 5-14-2018]
A.
Containers. Each residential unit owner or occupant,
excluding owners or occupants of attached condominium units, will
be furnished a container by the Town or its licensed firm (contractor)
for the collection of solid waste, the size of which container shall
be determined by the Director of Public Works based upon the type
of the residential unit. A residential unit owner may request a second
container from the contractor by submitting an application to the
Director of Public Works with a payment in an amount established by
the Selectmen from time to time. Owners or occupants of attached condominium
units will utilize dumpsters provided by the condominium association
for the collection of solid waste.
B.
Transporting of solid waste materials. The Town will
contract with a contractor to pick up solid waste material on a designated
day and transport said materials to the designated disposal facility
or transfer station. The contractor will leave the empty containers
at the curbside, and the residential unit owner will be responsible
for safekeeping the containers. "Curbside" refers to that portion
of the right-of-way adjacent to paved or traveled roadways.
C.
Schedule for pickup of solid waste materials.
(1)
Municipal solid waste. The contractor shall pick up
solid waste materials left on a weekly basis. The Selectmen shall
establish a schedule for collection of said materials and shall publicly
advertise said schedule.
(2)
Bulky waste and scrap metal. Upon timely request by
residential unit owners, the contractor shall pick up bulky waste
and scrap metal on the same day the contractor collects solid waste.
The Town will not provide collection service as set forth in § 149-15B and C above for nonresidential units or establishments. It shall be the responsibility of each of these establishments or its agent to have said solid waste material collected and to enter into a private agreement with a contractor to have the material properly transported to an approved disposal site or transfer station.
[Amended by Town Meeting 5-14-2018]
A.
Weekly municipal waste collections. The following
municipal solid waste placed by residential unit owners or occupants
for collection pursuant to the program established in accordance with
this article shall be prepared for collection as follows:
(1)
On the day designated for collection of the solid
waste materials, each residential unit owner or occupant, excluding
owners or occupants of attached condominium units, shall place all
municipal solid waste in appropriate containers curbside or as close
as practicable to the collection vehicle's route by 6:00 a.m. on the
designated collection days. Owners or occupants of attached condominium
units shall place all municipal solid waste in the dumpsters provided
by the condominium association, and the contractor shall collect solid
waste on the designated solid waste collection day from said dumpsters.
(2)
The contractor may decline to collect any solid waste
not so placed and not contained within containers or dumpsters. Where
the contractor has reason to leave solid waste uncollected at a residence
or condominium complex, the contractor or its agent shall inform the
resident or management company by written notice left with the uncollected
municipal solid waste as to why the solid waste was not collected,
i.e., contaminated with recyclables, hazardous waste, unscheduled
bulky waste, unapproved containers or bundles, or improper placement,
etc.
B.
Special waste. The contractor is not required to provide
such collection, transportation and disposal services for special
wastes unless contracted to do so by customers under separate written
contracts negotiated between the contractor and the customer generating
such special waste.
A.
All waste haulers and collectors of any type of solid
waste, special waste, bulky waste or recyclable waste shall register
with the Department of Public Works and gain Town approval for hauling
material prior to any transporting or collecting of any materials.
The Selectmen shall adopt and implement application forms to identify
the waste hauler, his address, name of the responsible person, mailing
address, telephone number, and evidence of insurance for general liability
for operation of a motor vehicle and contamination resulting from
improper handling of waste material in the Town. A fee for such registration
shall be set by the Board of Selectmen.
B.
No waste hauler or collector shall knowingly mix recyclable
material or special waste with other solid waste.
C.
Any waste hauler or collector who or which violates
this article shall be subject to the penalties provided herein as
well as those penalties provided by the Connecticut General Statutes.
The Selectmen are hereby granted the authority
to adopt regulations, policies or procedures to implement the following:
A.
The method and time of residential pickup of waste
material.
B.
Amendments to the list if items included within any
category or definition of waste.
C.
Changes in the location of any collection centers.
D.
Regulations to identify, qualify and assure financial
and general compliance of waste haulers with this article.
E.
Setting fees payable by each residential unit owner
to cover the cost of this service and prescribing the methods of billing
and collection.
F.
Any claim or debt due for such a service charge shall
bear interest from the due date at the rate and in the manner provided
by the General Statutes for delinquent property taxes if such service
charge is not paid within 30 days of the due date. Each addition of
interest shall be collectible as a part of such service charge. Any
such charge which has become delinquent shall constitute a lien upon
the property against which the charge was assessed and may be collected
by the Collector of Revenue or other person designated by the Board
of Selectmen in accordance with the provisions of the General Statutes
for the collection of property taxes. Each such lien may be continued,
recorded and released in the manner provided by the General Statutes
of the State of Connecticut for continuing, recording and releasing
tax liens. Each such lien shall take precedence over all other liens
and encumbrances, except taxes, and may be foreclosed in the same
manner as a lien for property taxes. Any such charge may also be collected
by the Town against the property owner in an action at law, together
with the cost of collecting the same.
[Added 1-29-2007, effective 10-15-2007]
A.
It shall be unlawful to combine recyclable materials
or hazardous wastes with solid waste refuse. Solid waste which has
recyclable materials commingled with it shall not be collected, and
recyclable material that has refuse commingled with it shall not be
collected.
B.
It shall be the responsibility of the resident to
segregate properly the uncollected waste and either store or dispose
of it at his own expense.
C.
Allowing refuse to accumulate shall subject a resident
to a citation for violation of the Sanitary Code as enforced by the
North Central Health Agency.
D.
The waste containers shall be kept clean and stored
in such a location as not to constitute a nuisance or otherwise be
objectionable.
E.
No person having custody or control of residential
premises from which municipal solid waste is collected for disposal
by the Town of Ellington shall permit or cause any waste within his
custody or control to become a hazard to public travel, health or
safety or become a nuisance of any sort.
F.
No person or corporation shall separate, recover,
collect, remove, store or dispose of any waste material within the
Town of Ellington, except as specifically authorized by the Town of
Ellington or the provisions of this article or related ordinances.
G.
Any person, firm or corporation found guilty of a
violation of any provision of this article or any of the rules and
regulations promulgated pursuant hereto shall be guilty of an infraction
as provided by the Connecticut General Statutes, as amended, and the
fines established pursuant thereto. This article and the regulations
pursuant thereto may be enforced by police officers of the Ellington
Resident Trooper's office by citation issued by the same.
H.
Any person who illegally disposes of bulky, hazardous,
special and/or solid waste at a location in the Town of Ellington
except as permitted under this article shall be subject to the following
penalties:
The provisions of this article are severable.
If any provision of this article or its application to any person
or circumstance is held invalid, said invalidity shall not offset
any other provision or application of this article which can be given
effect without the invalid provision or application of this article.
