As required by Section 19-524n of the Connecticut
General Statutes, the Town of Wilton, acting by its Board of Selectmen,
shall make provision for the disposal of all solid wastes generated
within the Town; and, pursuant to Sections 7-148, 7-194 and 19-524n
of the Connecticut General Statutes, the Board of Selectmen may regulate
and control the collection, depositing, disposal and removal of all
solid waste, garbage, rubbish, trash, tines and similar material within
the Town of Wilton and charge reasonable fees to license and to defray
the costs in whole or in part for providing such solid waste disposal
facilities and services and the cost of regulating such activities.
Town vehicles may be used to haul solid waste
to the Town transfer station where public necessity requires it or
to haul solid waste generated by Wilton Town government operations.
The invalidity of any word, clause, section
or provision of this ordinance shall not affect the validity of any
other part, which can be given effect without such invalid part or
parts.
There is established a Town Solid Waste Recycling
Program with standards to effect the maximum level of recycling of
solid waste and source separation.
For the purposes of this ordinance, the following
terms shall have the meanings indicated:
ACCEPTABLE RECYCLING MATERIALS
Those items to be received and processed at the SWEROC Regional
Intermediate Processing Center, including glass food and beverage
containers, metal food and beverage containers, newspaper and certain
HDPE and PET plastic food and beverage containers and other recyclables
determined by SWEROC.
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.
COMMISSIONER
The Commissioner of Environmental Protection of the State
of Connecticut or his authorized agent.
HPDE (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 which are marked on the bottom with the number 2 encircled
by the recycling symbol.
INTERCOMMUNITY AGREEMENT
The agreement of September 15, 1989, entered into by the
Towns and cities in Southwest Connecticut to form SWEROC and establish
a regional recycling program.
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 combination of
them.
PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any polyethylene terephthalate bottle, jar or container of
any size or shape used to package food or beverage products suitable
for human or animal consumption, which is marked on the bottom of
the bottle, jar or container with the number 1 encircled by the recycling
symbol.
RECYCLE
To separate or divert an item or items from the solid waste
stream for the purposes 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 Greater Bridgeport Resources Recovery
Facility located in Bridgeport.
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 containers.
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, wood-burning 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.
SWEROC
The Southwest Connecticut Regional Recycling Operating Committee
created by the intercommunity agreement among the towns and cities
in Southwest Connecticut to establish a regional recycling program.
TOWN
The Town of Wilton, including authorized officers, boards,
commissions and agencies of the Town.
WASTE OIL
Crankcase oil that has been utilized in internal combustion
engines.
The Board of Selectmen is vested with full powers
to develop and operate a recycling program consistent with this ordinance,
the intercommunity agreement establishing the Southwest Connecticut
Regional Recycling Operating Committee, policies promulgated by SWEROC
and the laws and regulations of the state. The Board of Selectmen
shall appoint an administrator of the recycling program to supervise
the operation and coordination of the recycling program established
by the Board of Selectmen.
Under the provisions of the intercommunity agreement,
the Town of Wilton has the following obligations:
A. To require residential acceptable recyclable materials
generated within its boundaries as determined by SWEROC to be processed
pursuant to the provisions of the intercommunity agreement.
B. To have residential statutory recyclable materials
that are not processed at the regional intermediate processing center
and all commercial and nonresidential statutory recyclable materials
generated within its boundaries processed in accordance with applicable
regulations of Connecticut State agencies.
C. To collect and/or received and transfer to the regional
intermediate processing center or such place as designated by SWEROC
all residential acceptable recyclable materials as determined by SWEROC.
D. To pay to SWEROC each month the Town's proportionate
share of the cost associated with its participation in the regional
recycling program.
E. To meet any other obligations in accordance with the
terms of the intercommunity agreement, as it may be amended from time
to time.
By adoption of this ordinance, the Town shall:
A. Fulfill its obligation under Section 2.08 of the April
27, 1990, agreement between the State of Connecticut and SWEROC to
adopt "A mandatory source-separation ordinance . . . sufficient to
implement its recycling program in the context of the regional recycling
effort"; and
B. Comply with Section 22a-220 of the Connecticut General Statutes, as amended by Section 2 of Public Act No. 90-220, "To adopt an ordinance . . . setting forth measures to assure the compliance of persons within its boundaries with the requirements of Subsection (c) of Section 22a-241b, as amended by Section 1 of . . . Public Act 90-220 and to assure compliance of Collectors with the requirements of Subsection
(a) of Section 4 of . . . Public Act 90-220.
The Board of Selectmen is authorized and directed
to promulgate regulations and instructions setting forth detailed
procedures to be followed by residents, businesses and institutions,
collectors and others, to be binding upon all persons within the Town.
The Town, by action of its Board of Selectmen,
may levy a charge for the collection and/or receipt and/or processing
of solid waste brought to a facility for recycling.
SWEROC is designated as the Town's regional
agent to provide the report due on July 1, 1991, and annually thereafter
pursuant to Section 2(e) of Public Act No. 90-220.
It shall be a violation of this ordinance for
any person not authorized by the Town to collect or pick up or cause
to be collected or picked up any recyclables which have been set aside
for collection.
If any word, clause, section or provision of
this ordinance is found to be invalid, such finding shall not affect
the validity of any other part hereof, provided that such other part
may be given effect without reference to the invalid part or parts.