[Added 4-4-1983; amended 9-5-1989; 12-10-1990]
As used in this article, the following terms shall have the meanings indicated:
COLLECTOR
Any person who holds himself out for hire to collect solid waste and recyclable material(s) from residents or business, commercial or other establishments.
SOLID WASTE
As defined in C.G.S. § 22a-207, as amended.
SOLID WASTE DISPOSAL AREA
As defined in C.G.S. § 22a-207, as amended.
VEHICLE
Every device in, upon, or by which any solid waste and/or recyclable material is transported.
[Added 4-4-1983; amended 12-10-1990; 7-1-1996; 1-3-2023 by Ord. No. 01-23]
A. 
Registration and license required for disposal of solid waste at City and City-designated disposal facilities. All persons engaged in the business of collection of solid waste and recyclable materials who dispose of the solid waste collected at City and City-designated disposal facilities shall obtain a license from the Director of Public Works.
B. 
Mandatory registration of all collectors of any type of solid waste in the City of Middletown. All persons engaged in the business of collection and disposal of solid waste, including and not limited to recyclable materials, bulk material, landscaping debris and leaves, must register with the Department of Public Works. In accordance with C.G.S. § 22a-220a(d)(1) and (2), all registrations will include the name and address of the hauler; the name and address of the owner of the company; types of waste hauled; source of the waste hauled; anticipated location of disposal facilities; and any additional information the Director of Public Works deems necessary to ensure the health and safety of Middletown residents.
C. 
Any collector who delivers bulk waste, demolition or construction debris, oversized municipal solid waste, landscaping debris or leaves to the recycling center for payment must also obtain a license to use the City Transfer Station. The license will include a $25/vehicle fee and an agreement that the material they are depositing originated in Middletown, and any other information the Director of Public Works deems necessary to ensure the health and safety of Middletown residents.
D. 
Termination of all licenses. Notwithstanding any other provision of this article, the City reserves the right to terminate all licenses issued pursuant to this article at any time during the license period. If all licenses are terminated, the City will refund a prorated portion of the fee for the unused portion of each license.
[Amended 6-2-1980; 4-4-1983; 9-5-1989; 12-10-1990]
A. 
All registrations and licenses shall be for a period of one year from July 1, or other date in the event of a partial year, to the following June 30. The license fee shall be paid in advance with the application. The application shall be made on a form prescribed by the Director of Public Works. The fee shall be $25 per vehicle. There will be no charge for the registration.
[Amended 1-3-2023 by Ord. No. 01-23]
B. 
The following information shall be submitted in writing with the application on forms prescribed by the Director of Public Works:
(1) 
A list of all vehicles and removable bodies to be used to transport solid waste and recyclable materials to a disposal area. The list shall state as to each vehicle the name of the manufacturer, the Connecticut registration number, its cubic yard capacity and its tare weight and gross weight. The list shall state the manufacturer, an identification number, the cubic yard capacity and the tare weight and gross weight of each removable body. All vehicles and removable bodies that may be used are to be listed. The vehicles and removable bodies to be regularly used shall be so designated. The other vehicles and removable bodies may be used when regular vehicles are being repaired or maintained.[1]
[1]
Editor's Note: Former Subsection B(2), which required submission of a written list, was repealed 1-3-2023 by Ord. No. 01-23. This ordinance also redesignated former Subsection B(3) through (5) as Subsection B(2) through (4).
(2) 
A certificate of insurance certifying to the City that general liability and automobile liability insurance in the amount of $1,000,000 is in effect naming the City of Middletown, its officers, agents, servants and employees as additional insureds. Said certificate shall state that the City of Middletown shall be given at least 30 days' prior written notice of the expiration of or any change in such insurance. The certificate of insurance shall certify that workers' compensation insurance coverage, as required by the State of Connecticut, is provided.
(3) 
If the licensee is an individual proprietor, a written statement of the full name, business telephone number, business address and residence address of the proprietor and of the person in charge of the licensee's activities under the license; if a corporation, the same information as to each officer, director, statutory agent for service of process and person in charge of the licensee's activities under the license; and if a partnership or association, the same information as to each partner and associate and person in charge of the licensee's activities under the license.
(4) 
Such other information as may be required by the Director of Public Works.
C. 
The license is not transferable, and no licensee shall permit another person engaged in the business of collection or disposal of solid waste, other than its own agents and employees, to operate under its license.
D. 
Each body of each vehicle used to transport solid waste and recyclable materials, whether the body is permanently affixed to the vehicle or a removable body, shall have prominently and legibly painted or otherwise displayed on at least one side, so as to be easily read by a disposal site attendant, the cubic yard capacity of the body. Each removable body that may be used by the licensee shall also have so painted or displayed an identifying number which is to be listed with the City in the same manner as vehicles. No vehicle will be allowed to dispose of waste if it does not comply with this subsection. The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the hauler.
[Amended 6-2-1980; 12-10-1990]
Each licensee shall give immediate written notice to the City of each change in vehicle or removable bodies used to transport solid waste and recyclable materials and of each change in personnel. The licensee shall be responsible for the operation of any vehicle in the solid waste disposal area included on its list submitted to the City until such time as the City is given written notice that such vehicle is no longer used by him for that purpose. No vehicle, removable body or operator of any licensee not listed on the original list or any subsequent written notice filed with the City will be allowed into a solid waste disposal area. Each licensee shall, within 15 days, give written notice to the City of any change in the amount of waste to be deposited each week.
A. 
No solid waste shall be deposited in any solid waste disposal area maintained by the City except the following:
(1) 
Solid waste generated within the territorial limits of the City of Middletown.
(2) 
Solid waste generated outside of the territorial limits of the City of Middletown permitted to be disposed of within a solid waste disposal area maintained by the City pursuant to an agreement approved by the Common Council.
B. 
Disposal of any solid waste from any other source in a solid waste disposal area maintained by the City is hereby specifically prohibited.
[Amended 1-3-2023 by Ord. No. 01-23]
All collectors licensed in Middletown shall report where they deliver all solid waste, including those recyclable materials as defined in § 253-16B(1) through (9), inclusive, and § 253-16C(4), as amended, which is collected from within the boundaries of Middletown to a site as designated by the Director of Public Works.
Officials and employees of the City shall refuse to permit any vehicle to deposit solid waste in a solid waste disposal area maintained by the City if said vehicle contains in whole or in part solid waste not authorized to be disposed of in such area under the terms of this article.
A. 
The Director of Public Works, prior to allowing disposal, may require that each licensee, its agent or employee certify in writing, under the penalties of false statement as provided in the Connecticut General Statutes, as to the source and class of each load of solid waste brought to a Middletown solid waste disposal area.
B. 
If any licensee, its agent or employee fails or refuses, upon request by the Director of Public Works, to provide the certification in writing specified in Subsection A above as to any load of waste, the licensee, its agent or employee shall not be permitted to dispose of the waste in the vehicle in the solid waste disposal area and shall be ordered to remove the vehicle from the area immediately.
[Amended 12-10-1990]
All licensees shall obey all the orders and directions of employees of the City employed at or in charge of the City-maintained solid waste facility, shall dispose of their collections at the points designated by such employees and shall comply with all regulations issued by the Director of Public Works for the collection of solid waste and disposal thereof in the City solid waste disposal areas.
[Amended 12-10-1990]
A. 
All licensees shall comply with all state, federal and local laws, including but not limited to every section of this article, all statutes, regulations, ordinances, bylaws, permits and orders applicable to the transportation or disposal of solid waste.
B. 
All collectors of solid waste including recyclable material must be registered with the City and licensed if they use the City or City-designated solid waste facility. They must follow all rules and requirements of the facility and must have all insurances and letters of credit as may be required by that facility. Any hauler which has its license revoked by that facility will automatically have its Middletown license revoked.
[Amended 1-3-2023 by Ord. No. 01-23]
C. 
Collectors who fail to comply with the provisions of this section will be subject to a fine in an amount so designated by the Connecticut General Statutes, as amended, and to the revocation of the license to haul solid waste, bulky waste or recyclable materials within the City of Middletown.
The Director of Public Works may make additional regulations consistent with this article and all other applicable laws to promote the orderly collection of solid waste and disposal thereof in solid waste disposal areas maintained by the City and for the enforcement of this article. Each regulation shall be in writing and shall become effective upon publication in a newspaper having a general circulation in Middletown and filing of a copy with the City/Town Clerk.
[Added 4-4-1983; amended 12-10-1990]
A. 
Any person who resides in Middletown and any business, institution, or social or other organization having a place of business in the City of Middletown may bring brush, bulky waste or recyclable materials generated at such residence or place of business to an area maintained by the City. The Director of Public Works may monitor the deposit by use of a register, permit or other system. No such resident or business, institution or organization shall, directly or indirectly, deposit brush, bulky waste or recyclable materials generated outside of the City in an area maintained by the City. If the Director of Public Works finds, after hearing as provided in § 253-13, that any such resident, business, institution or organization has violated any applicable law, he may revoke the right or suspend the right for a reasonable period, provided he shall, for the first violation, at least suspend the right to dispose of waste in a disposal area for a period of not less than 10 days, and in the event of two violations within a fiscal year he shall revoke the right.
B. 
Revocation or suspension shall be effective as provided in § 253-13. Any resident, business, institution or organization having its right revoked shall not be eligible to deposit materials in a City disposal area for a period of one year after the time the right is revoked. No resident, business, institution or organization whose right has been suspended or revoked will be allowed to defeat the purposes of this article by obtaining or using such right under an assumed name or the name of another person, business, institution or organization. Anyone having such right revoked may apply for reinstatement in the time and manner as provided in § 253-13.
C. 
Residents may not bring any solid waste directly to the facility so designated by the Director of Public Works for the disposal of solid waste.
[Added 4-4-1983; amended 9-5-1989]
A. 
Hearing. The Director of Public Works may, based on information received by him, and shall, upon written application supported by an affidavit setting forth the facts which, if true, would warrant suspension or revocation of a license issued under this article, hold a hearing to make a determination as to whether such license should be suspended or revoked.
(1) 
Written notice of such hearing setting forth the alleged violation and the time and place of hearing shall be given to the licensee at least seven days prior to the date scheduled for commencement of the hearing.
(2) 
The hearing may be continued from time to time by the Director as the circumstances require.
(3) 
At the hearing, evidence on which a suspension or revocation of the license may be based may be presented. The licensee may be represented by counsel and may cross-examine witnesses and present testimony, documentary evidence or other evidence in support of the licensee's claim. If requested to do so, the Director may allow the licensee a reasonable time to submit a written memorandum in support of its claims.
(4) 
Within 10 days of the close of the hearing or the date for submission of the memorandum, the Director shall make a decision as to whether or not the license shall be suspended or revoked. The decision shall be in writing and a copy shall be mailed by certified mail or hand delivered to the licensee.
(5) 
If the license is suspended or revoked, the suspension or revocation shall be effective on the close of business of the sixth calendar day after the day the notice is received by the licensee unless another day is specified in the notice. A revocation shall be stayed if an appeal is filed with the Public Works Commission until the issuance of a decision by the Commission.
B. 
Suspension; revocation. If, after hearing and based on evidence presented at the hearing, the Director of Public Works decides that any licensee has violated any applicable law, including but not limited to any section of this article, he will suspend the license for a period of not less than 60 calendar days and, in the event of two violations, will revoke the license, and the licensee will never again be allowed to dispose of solid waste in a disposal area maintained by the City of Middletown. No individual, proprietor, corporation, partnership, or association whose license has been suspended or revoked will be allowed to defeat the purposes of this article by using or obtaining a license under an assumed name or the name of another person, corporation, partnership or association. Notwithstanding any of the foregoing, in addition to the penalties stated in this section, any collector, as defined in C.G.S. § 22a-220a, as amended, shall be subject to fines and penalties as set forth in that section for violations as defined therein.
C. 
Appeal of revocation to Public Works Commission. Any person having a license revoked may, within five calendar days of the receipt of the written notice of revocation, apply in writing to the Public Works Commission for reinstatement of the license. The application is to be filed with the Department of Public Works office in the Municipal Building, which shall immediately notify the Chairman of the Commission.
(1) 
Within five calendar days of the filing of the application, the Chairman of the Commission shall set a date for a hearing, which date shall be within 20 calendar days of the filing of the application. Written notice of the time and place of hearing shall be given to the licensee.
(2) 
The hearing may be continued from time to time by the Chairman as the circumstances require.
(3) 
At such hearing, the licensee may present evidence in support of its claim that its license should be reinstated, and the evidence on which the revocation was based shall be presented.
(4) 
If the Commission, based on evidence presented at the hearing, decides that the license should be reinstated, it shall so advise the Director of Public Works and the licensee in writing and the Director shall reinstate the license. If the Commission decides the license should not be reinstated, it shall so advise the Director and licensee in writing. The notice shall be hand delivered or sent by certified mail to the licensee. If not reinstated, the revocation shall become effective five calendar days after receipt of the Commission's decision by the licensee.
[Added 4-4-1983]
Notwithstanding any other provision of this Code of Ordinances, the Director of Public Works, upon the receipt of information from which there is cause to believe that a licensee or any City resident, business, institution or organization is disposing of hazardous waste in a solid waste disposal area maintained by the City, or disposing of any waste so as to create a danger of immediate injury or damage to persons or property, shall immediately suspend such license or right to dispose and schedule a hearing as soon as is practicable. The suspension shall be in writing. After the hearing the Director shall make a determination as to whether the license or right shall be suspended for a further period of time, revoked, or reinstated. Any party whose license or right is revoked after such hearing shall have the right to apply to the Public Works Commission for reinstatement as provided in § 253-13.
[Added 5-12-1988; amended 3-5-1990; 7-6-1993; 12-4-2000; 7-1-2002]
A. 
Fee schedule; pickup.
(1) 
Unless otherwise provided by agreement authorized by the Common Council, bulky waste, construction waste and oversized municipal solid waste by Middletown residents or businesses located in Middletown when accepted at the Middletown Transfer Station located on Johnson Street, Middletown, Connecticut, shall be subject to the following established and approved fee schedule. Alternate private sites may be provided by the City of Middletown in which case the fees will be established by the operator of the site.
(2) 
All property owners or tenants, including those residing within the Sanitation District, may have bulky waste or oversized municipal solid waste, as those terms are defined in § 253-15, picked up from their residences by scheduling an appointment with the Pubic Works Department. The fee for such service shall be set by the Public Works Commission based upon projected expenses for the service. The Public Works Commission shall report the amount of the fee to the Common Council. The Common Council may act to revise the amount of the fee. If the Council does not act on the matter, the fee shall remain as set by the Public Works Commission. Fees for pick-ups shall be pre-paid either through a secure system online, in person in the Public Works Department or by mail to the Department.
[Added 7-6-2009 by Ord. No. 41-09; amended 4-5-2021 by Ord. No. 04-21]
(3) 
The Department shall establish a separate fee to pick up mattresses and box springs from residences as described in § 253-15A(2). The fee shall be per unit and shall be set by the Public Works Commission based on projected expenses for the service. The Public Works Commission shall report the amount of the fee to the Common Council. The Common Council may act to revise the amount of the fee. If the Council does not act on the matter, the fee shall remain as set by the Public Works Commission. Fees for mattress and box spring pickups shall be pre-paid either through a secure online system, in person in the Public Works Department or by mail to the Department.
[Added 4-5-2021 by Ord. No. 04-21]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BULKY WASTE
Demolition and construction debris, including wood, insulation, sheetrock and shingles, inert material and land-clearing debris such as branches over six inches in diameter.
OVERSIZED MUNICIPAL SOLID WASTE
Wooden and stuffed furniture, mattresses, scrap metal, bicycles, hot water heaters and other large household items.
C. 
All bulky waste and oversized municipal solid waste brought to the Transfer Station will be weighed and charged the cost plus 10% per ton for disposal.
D. 
The minimum payment per load will be $10.
E. 
Tires will be accepted at the Transfer Station for a charge of $3 per passenger car tire, $10 per tire mounted on a rim. There is a limit of four tires per load.
F. 
Refrigerant-containing items (for example, refrigerators and air conditioners) will be accepted at the Transfer Station at a cost of $15 per item.
G. 
Contractors will be charged $25 per load for brush.
[Added 7-5-2011 by Ord. No. 12-11]
H. 
Mattresses, box springs and covered electronic devices will be accepted free of charge, in accordance with the State EPR recycling programs (Public Act 13-42, and C.G.S. §§ 22a-629 through 22a-640).
[Added 1-3-2023 by Ord. No. 01-23]
[Added 10-4-1988; amended 9-5-1989; 6-4-1990; 12-5-1990; 7-6-1992; 1-6-2003 by Ord. No. 01-03; 12-1-2008 by Ord. No. 13-08]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ASEPTIC PACKAGING AND GABLE-TOP CONTAINERS
Juice and drink boxes, paper drink cartons, such as milk, orange juice, alternative milks, soup broth containers.
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 garbage and recyclable material(s) from residential, business, commercial or other establishments.
GARBAGE
All animal, fish, fowl, and fruit waste and/or vegetable matter and/or any combination thereof produced or resulting from the preparation, use, cooking, dealing in or storing of food for human consumption.
GLASS FOOD CONTAINERS
Glass bottles or jars of any size or shape used to package food products suitable for human or animal consumption.
INTERMEDIATE PROCESSING CENTER
A facility which can recycle an item or items and market or deliver for reuse the resulting material product or products. Such facilities may be owned by public or private entities or combinations thereof and may offer service on a state, regional, municipal or submunicipal level.
LEAVES
The foliage of trees.
METAL FOOD CONTAINERS
Aluminum, bimetal, steel, tin-plated steel, or other metallic cans, plates, or trays of any size or shape used to package food products suitable for human or animal consumption.
MIXED PAPER
White and colored paper, junk mail, kraft paper bags, telephone books, magazines, catalogs, and paperboard.
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, including but not limited to paper utilized for 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.
PERSON
Any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them, whether principal or agent.
PLASTIC CONTAINERS
Plastic containers, including bottles, tubs, cups or berry baskets, excluding motor oil, antifreeze and pesticide containers.
[Amended 1-3-2023 by Ord. No. 01-23]
RECYCLABLE MATERIALS
Materials which have been so designated in the Middletown Code of Ordinances. These will include but not be limited to those materials designated as recyclable under the Connecticut General Statutes, as amended, and the regulations of the Connecticut Department of Environmental Protection, as amended, prior to or at the time designated by those statutes and/or regulations.
RECYCLING
The reuse of recovered resources through the processes of sorting, cleaning, treating, and reconstituting materials otherwise destined for disposal.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units but not including hospitals, motels, or hotels.
SCRAP METAL
Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys hereof, including but not limited to white goods and excluding metal food containers as defined in this section.
STORAGE BATTERIES
Lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
B. 
It shall be the goal of the City of Middletown to recycle 100% of each recyclable material. For the purposes of this section, the following shall be classified as recyclable material:
(1) 
Newspapers;
(2) 
Cardboard;
(3) 
White goods and other scrap metal;
(4) 
Leaves;
(5) 
Waste oil;
(6) 
Glass food containers;
(7) 
Metal food containers;
(8) 
Office paper;
(9) 
Storage batteries;
[Amended 1-3-2023 by Ord. No. 01-23]
(10) 
Plastic containers;
[Amended 1-3-2023 by Ord. No. 01-23]
(11) 
Mixed paper; and
[Amended 1-3-2023 by Ord. No. 01-23]
(12) 
Aseptic packaging and gable-top containers.
C. 
Separation of recyclables enumerated in Subsection B.
(1) 
All persons who generate solid waste from residential property shall separate recyclable materials from the rest of their solid waste. Persons who own or operate multifamily housing complexes shall provide sufficient areas and/or receptacles on the premises for the separation and storage of newspapers, corrugated cardboard, mixed paper, and commingled bottles, cans, aseptic packaging and gable-top containers, and plastic containers. All recycling receptacles must be clearly labeled.
(2) 
All persons who own or operate nonresidential property, including but not limited to businesses, industries, and institutions, must establish recycling programs and either separate recyclable materials from the rest of their solid waste or make such provision for the separation of the recyclable materials as will prevent the contamination of those recyclables. In no case shall any person commingle paper or cardboard recyclables with food waste, garbage, or other putrescible wastes prior to collection for recycling.
(3) 
All collectors serving residential properties where solid waste is collected from individual households at the curb must offer separate curbside collection of newspapers, mixed paper and corrugated cardboard and of commingled bottles, cans, aseptic packaging and gable-top containers and plastic containers. All collectors serving residential properties where solid waste is placed in dumpsters must offer separate dumpsters or containers for commingled corrugated cardboard, mixed paper and newspapers and for commingled bottles, cans, aseptic packaging and gable-top containers and plastic containers. No collector shall mix previously separated recyclable materials with each other or with other solid waste. No collector shall knowingly collect recyclable material if it is mixed with other solid waste.
(4) 
All collectors of newspapers, mixed paper, bottles, cans, aseptic packaging and gable-top containers, plastic containers and corrugated cardboard from residential properties shall transport those materials to a transfer area, processing center, or market and notify this location on the annual haulers registration form.
[Amended 1-3-2023 by Ord. No. 01-23]
(5) 
All collectors of recyclable materials shall arrange for the processing or marketing of those recyclable materials.
[Amended 1-3-2023 by Ord. No. 01-23]
D. 
Recyclable materials shall be prepared and collected as follows:
[Amended 1-3-2023 by Ord. No. 01-23][1]
(1) 
Newspapers and mixed paper must be clean and can be commingled. Use of plastic bags to bundle newspaper is not acceptable. Corrugated cardboard must be clean and flattened. Glass and metal food containers must be rinsed. Glass must not be broken. Glass, metal food containers and plastic containers and aseptic packaging and gable-top containers may be commingled but kept separate from the other recyclable materials. Additional items may be added if designated by the State DEEP. The following items may not be placed with the glass and metal food containers: window glass, mirrors, ceramics, scrap metal, coat hangers, non-food-grade aerosol cans, paint cans, or light bulbs. All trash haulers must provide recycling service to customers.
(2) 
In the Middletown Sanitary Disposal District, as defined by Special Act of the Connecticut State Legislature and Chapter VII of the Charter of the City of Middletown, corrugated cardboard, newspapers, mixed paper and glass, metal and plastic food containers and aseptic packaging and gable-top containers shall be placed out for collection separately on those days designated by the Director of Public Works or his/her duly authorized designee. The schedule for said collection shall be available on the City’s website and available upon request. The Public Works Director will designate collection procedures for curbside recyclable items and post this on the City website and make it available upon request.
(3) 
Outside of the Middletown Sanitary Disposal District, as defined in this section, newspaper, mixed paper, corrugated cardboard and glass, metal and plastic containers and aseptic packaging and gable-top containers shall be placed out for collection as designated by the particular private collector, registered with the City of Middletown. Residential collection of recyclables must occur at a minimum of every other week.
(4) 
Leaves will be placed out on the curb for collection separately by property owners on those days designated by the Director of Public Works or his/her duly authorized designee. Notice of said collection shall be posted on the City website. Leaves can be composted on a person's property as long as all health, safety and environmental statutes, ordinances, rules and regulations, as amended, are followed. Leaves can also be delivered to the City Transfer Station.
(5) 
The City Public Works Department will provide outlets for waste oil disposal to residents on the City website and upon request.
[1]
Editor's Note: This ordinance also renumbered § 253-16D(1) through (7) as § 253-16D(1) through (5).
E. 
The provisions of this section shall not preclude residential waste generators from bringing recyclable materials to drop sites provided by the City of Middletown at locations designated by the Director of Public Works or his/her duly authorized designee.
F. 
All loads of recyclable materials delivered to a recycling area or container provided by the City of Middletown or a processing center/market designated by the City must be free of contaminants. Commingled metal and glass food containers must be substantially free of broken glass.
G. 
All garbage collected and/or transported within the City of Middletown shall be carried in watertight covered vehicles or in watertight covered containers in or on said vehicles. All other solid waste and recyclable material collected and/or transported in the City of Middletown in open-top vehicles shall be covered in a suitable manner as determined by the Director of Public Works or his/her duly authorized designee so as to prevent the scattering of these materials within the City of Middletown.
H. 
All collectors' vehicles utilized for the collection and/or transportation of solid waste and/or recyclable materials from persons in the City of Middletown shall be registered by the City of Middletown.
[Amended 1-3-2023 by Ord. No. 01-23]
I. 
The Middletown Director of Public Works shall enact rules and regulations in conformity with this section. Such rules and regulations shall be posted on the City’s website.
[Amended 1-3-2023 by Ord. No. 01-23]
J. 
No person shall permit any solid waste or recyclable material(s) within the person's control, or shall cause any solid waste or recyclable material(s), to become a hazard to public health, travel and/or safety.
K. 
The Director of Public Works shall receive notices of violation from collectors and disposal facilities. The Director of Public Works or his/her designee shall be responsible for enforcing the provisions of this section. Any person violating any provision of this section and/or any rules or regulations enacted hereunder shall receive a written warning for the first offense. Any person violating any provision of this section and/or any rules or regulations enacted hereunder shall be fined not more than $100 for each subsequent offense, unless otherwise specified. Each continuing day of violation shall be considered a separate offense. Notwithstanding the foregoing, commercial establishments that fail to provide for separation of recyclables from solid waste may be fined not more than $500 for each subsequent violation.
(1) 
Any collector who knowingly mixes recyclable materials with other solid waste shall be subject to the fines and penalties set forth in C.G.S. § 22a-220a, as amended, for violations as defined therein.
(2) 
Notwithstanding the above, any collector may have his or her license and registration suspended or revoked pursuant to §§ 253-13 and 253-14 of this article for any violation and/or continuing violation of the provisions of this section and/or any of the rules and regulations enacted hereunder.
[Amended 1-3-2023 by Ord. No. 01-23]
L. 
Any collector who has reason to believe that a person from whom he or she collects solid waste has put recyclable materials in with the solid waste shall notify the Director of Public Works in writing of the alleged violation.
(1) 
When asked to do so by the Director of Public Works or his/her designee, a collector shall provide warning notices to any person suspected of violating separation requirements. A collector shall also assist the City in tracing persons responsible for creating solid waste loads containing significant quantities of recyclables delivered by that collector to a resource recovery facility or solid waste facility.
(2) 
All collectors must provide annual reports to the City recycling coordinator of the quantities of all materials collected within the City of Middletown. Such reports must be on a form provided by the State Department of Energy and Envrionmental Protection and must include the types of solid waste collected within the borders of Middletown, the name, location, and contact information for the first destination where the solid waste, including recyclables, were delivered, and the types and actual or estimated amounts delivered. The report must be returned to the City by July 31 of each year.
[Amended 1-3-2023 by Ord. No. 01-23]
M. 
No person shall remove recyclable material(s) from designated recycling bins or from curbside without authorization from the Director of Public Works or his/her duly authorized designee.
N. 
The subsections of this section pertaining to the recycling of office paper and corrugated cardboard from residential properties, only, shall not go into effect until January 1, 1991.
Any transfer station constructed in the City of Middletown, Connecticut, for the purpose of receiving solid waste and recyclables shall receive only such solid waste and recyclables generated within the City of Middletown, Connecticut, and received from residences and businesses located within the City of Middletown, Connecticut.
[Added 4-3-1989; amended 8-7-1989; 4-2-1990; 6-4-1990; 9-4-1990; 7-6-1992; 12-2-2002; 1-3-2023 by Ord. No. 01-23]
Unless otherwise provided by agreement authorized by the Common Council, refuse and garbage generated by Middletown residents or businesses located in Middletown, when accepted at the Middletown Transfer Station located on Johnson Street, Middletown, Connecticut, or any refuse facility controlled by the City of Middletown, shall be subject to the following rules and regulations:
A. 
Classification. Any person that holds himself out for hire to collect any type of solid waste, including, but not limited to, garbage, recyclables, bulk waste, and yard debris, must register with the City of Middletown and must obtain a license to use the City Transfer Station.
B. 
Requirements.
(1) 
The user must be a person residing, paying real estate taxes or having a place of business in Middletown or a contractor registered and licensed by the City of Middletown.
(2) 
The user must provide proof that the origin of the waste is Middletown.
(3) 
The City of Middletown Public Works Department reserves the right to limit the amount of material and the size of the vehicles entering the Transfer Station.
(4) 
Any and all other forms, as required by the Director of Public Works or his/her duly authorized designee, must be executed by the person subject to these provisions or his/her duly authorized designee.
(5) 
The revenue generated as a result of the tip fees is to be deposited in the Fund for Landfill, Waste Disposal, and Recycling[1] or in such other place as the Common Council may designate.
[1]
Editor's Note: Provisions regarding the Fund for Landfill, Waste Disposal and Recycling, adopted 5-12-1988, were repealed 12-2-2002.
(6) 
A tipping fee or charge per load will not be assessed for the following excepted items:
(a) 
Newspapers and magazines which are prohibited under § 253-16 of this article and must be separated from each load.
(b) 
Clean glass food containers and clean metal food containers which are kept separate from trash and placed in specially designated recycling bins.
(c) 
Leaves and brush under six inches in diameter from one- to three-family units which are kept separate from trash and placed in a specially designated area. Brush brought in from contractors will be assessed a $25/load charge per § 253-15G.
(d) 
Any other recyclable materials for which the City of Middletown provides separate containers at the Transfer Station for their collection and recycling.