The accumulation, collection, removal, and disposal
of solid wastes must be controlled by the Town for the protection
of the public health, safety, and welfare. It is consequently found
and declared that:
A. The Town is authorized by law to regulate the disposition
of solid wastes generated within its boundaries, to collect a charge
therefor, and to license solid waste collectors;
B. The Town is also authorized by Connecticut General
Statutes § 22a-220a to designate the area where solid wastes
generated within its boundaries shall be disposed;
C. The Town has executed a municipal solid waste management
services contract with the Southeastern Connecticut Regional Resources
Recovery Authority (SCRRRA), including an Amendment No. 5 to such municipal solid waste management services
contract (collectively with such Amendment No. 5, the MSA). The MSA
defines the system (the SCRRRA system) to include the solid waste
disposal and resource recovery facility located in Lisbon, Connecticut,
and operated by Wheelabrator Lisbon Inc., or its successors or assigns
(the SCRRRA facility) pursuant to a solid waste disposal agreement
between SCRRRA and Wheelabrator Lisbon Inc. (the Wheelabrator agreement),
and designates the SCRRRA facility as the “facility” within
SCRRRA system. Pursuant to the MSA, the Town has agreed to deliver
or cause to be delivered all solid waste (as defined in the MSA) generated
within the corporate boundaries of the Town to the SCRRRA system as
directed by SCRRRA for ultimate delivery to the SCRRRA facility for
disposal, subject to and in accordance with the Wheelabrator agreement;
[Amended 1-28-2020]
D. The Town seeks to encourage the recycling of appropriate
solid wastes and other methods to reduce the volume of solid waste
generated within its boundaries; and
E. The enactment of this chapter is in furtherance of
the Town's Solid Waste Management Plan.
Except as otherwise provided by any applicable
state laws or regulations, this chapter shall apply to all solid wastes
accumulated, collected, removed, and disposed of within the territorial
limits of the Town of Griswold. In addition, no person may bring into
the Town for storage or disposal any solid wastes generated outside
the territorial limits of the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
BULKY WASTE
Land-clearing debris and waste resulting directly from demolition
activities, other than clean fill.
COMMERCIAL FOOD SOLID WASTE
Wastes from the preparation, cooking and consumption of food;
condemned food products; and all solid waste that is produced by the
handling, storage, preparation and sale of produce and that originates
primarily in commercial kitchens, stores, restaurants, food markets
and factories.
CONSTRUCTION AND DEMOLITION WASTE
The waste building materials or packaging resulting from
construction, remodeling, repair or demolition operations on houses,
commercial buildings, and other structures, excluding asbestos, clean
fill as defined in regulations adopted under § 22a-209 of
the Connecticut General Statutes, or solid waste greater than de minimis
quantities, as determined by the Commissioner of Environmental Protection,
of radioactive material regulated pursuant to § 22a-148
of the Connecticut General Statutes, hazardous waste as defined in
§ 22a-115 of the Connecticut General Statutes, and liquid
and semiliquid materials, including but not limited to adhesives,
paints, coatings, sealants, preservatives, strippers, cleaning agents,
oils and tars.
HAZARDOUS WASTE
Any wastes defined as hazardous wastes in § 22a-115
of the Connecticut General Statutes, including but not limited to
explosives; pathogenic or pathological wastes; radioactive wastes;
cleaning fluids, acids, poisons, medicines or other chemical wastes
which either create an immediate safety hazard to persons disposing
of the waste or which by virtue of their chemistry and/or the method
of disposal present a threat to the quality of ground/surface waters;
and hospital operating room wastes.
LAND-CLEARING DEBRIS
Trees, stumps, branches, or other wood generated from clearing
land for commercial or residential development, road construction,
routine landscaping, agricultural land clearing, storms, or natural
disasters.
PERSON
An individual person, partnership, association, company,
corporation, limited liability partnership, limited liability company,
or other legal entity.
PROCESSED CONSTRUCTION AND DEMOLITION WOOD
The wood portion of construction and demolition waste that
has been sorted to remove plastics, plaster, gypsum wallboard, asbestos,
asphalt shingles, regulated wood fuel, as defined in § 22a-209a
of the Connecticut General Statutes, and wood which contains creosote
or to which pesticides have been applied or which contains hazardous
waste.
RECYCLABLE MATERIALS
Materials designated for recycling by the Commissioner of
Environmental Protection pursuant to § 22a-241b of the Connecticut
General Statutes, and any other materials that have been so designated
by the Superintendent, as approved by the Board of Selectmen.
SOLID WASTE
Unwanted or discarded solid, liquid, semisolid or contained
gaseous material, including, but not limited to, demolition debris,
material burned or otherwise processed at a resources recovery facility
or incinerator, material processed at a recycling facility and sludges
or other residue from a water pollution abatement facility, water
supply treatment plant or air pollution control facility.
TOWN
The Town of Griswold, Connecticut.
The Board of Selectmen is hereby authorized
to enact from time to time such regulations, consistent with this
chapter, as it shall deem in the public interest and as may be allowed
by the Connecticut General Statutes regarding the separation, recovery,
collection, removal, storage, preparation, and disposition of solid
waste and recyclable materials, including but not limited to any applicable
fees and fines. Such regulations shall become effective immediately
upon passage, shall be published immediately after passage in a local
daily newspaper, and shall be immediately posted in a conspicuous
place in the Town Hall and at disposal sites, designated as such by
the Superintendent, that are within the Town.
The owner of each premises upon which solid
waste is created or generated shall provide, at a suitable place upon
such premises, sufficient receptacles for receiving and holding such
solid waste during the intervals between collections. Solid waste
containers shall be maintained in good condition, free of holes and
fissures, and shall be equipped with securely fitting covers. Recyclable
material containers do not require securely fitting covers.
It shall be unlawful for any person, firm, or
corporation to place hazardous wastes or similarly dangerous substances
into any solid waste container or to transport any such substance
to any place designated for the lawful disposal or delivery of bulky
waste or other solid wastes.
Except as may be provided in §
198-12 of this chapter, any violation of the terms of this chapter shall be deemed an infraction and shall be punishable by a fine of not more than $90 for each offense. The Board of Selectmen shall establish a schedule of fines for such infractions. Each infraction shall be a separate and distinct offense and, in case of a continuing infraction, each day's continuance thereof shall be deemed a separate and distinct offense. In addition, the Town of Griswold, or its agent, reserves the right to refuse or to allow disposal in a landfill or other designated locations utilized by the Town of Griswold where the provisions of this chapter or the regulations enacted hereunder are ignored. The Board of Selectmen shall have full discretionary authority in deciding all disputed questions arising under the provisions of this chapter or the regulations enacted hereunder.
All ordinances or parts of ordinances, resolutions,
regulations or other documents inconsistent with the provisions of
this chapter are hereby repealed to the extent of such inconsistency.
This chapter and various parts, sentences, sections,
and clauses thereof, are hereby declared to be severable. If any part,
sentence, section or clause is adjudged invalid, it is hereby provided
that the remainder of this chapter shall not be affected thereby.