[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-26-1993, effective 6-26-1993]
There is hereby established a program for the disposal of municipal
solid waste within the Town of Bethel in accordance with the provisions of
Section 22a-220 of the Connecticut General Statutes, thereby providing for
the health and welfare of the citizens of the Town of Bethel, Connecticut.
As used in this article, the following terms shall have the meanings
indicated:
All household garbage, trash, rubbish, refuse and combustible agricultural,
commercial, governmental and light industrial waste now normally or which
may be hereinafter collected and disposed of by or on behalf of the Town,
but excluding the following:
Explosives and ordnance materials, pathological wastes, chemicals, radioactive
materials, oil, sludges, highly inflammable substances, cesspool or other
human wastes, human and animal remains, motor vehicles or parts thereof, farm
or other large machinery, nonburnable construction materials and demolition
debris (but home remodeling waste and debris in reasonable quantities are
not considered "demolition debris") and hazardous refuse of any type or kind
[including those addressed by regulations adopted by the United States Environmental
Protection Agency (EPA) pursuant to the Resource Conservation Recovery Act
of 1976, as amended, or other federal statutes or adopted by the Connecticut
Department of Environmental Protection (DEP), such as but not limited to cleaning
fluids, crankcase oils, cutting oils, hazardous paints, acids, caustics, poisons,
drugs, radioactive materials, fine powdery earth used to filter cleaning fluid
and refuse of similar nature].
Any item of waste exceeding six feet in any one of its dimensions or
being in whole or in part of a solid mass, the solid mass portion of which
has dimensions such that a sphere with a diameter of eight inches could be
contained within such solid mass portion.
All large household appliances commonly referred to as "white goods,"
including, without limitation, refrigerators, stoves, washing machines, drying
machines and the like.
All items designated from time to time by the Commissioner of the Connecticut
DEP pursuant to the provisions of Section 22a-241b(a) of the Connecticut General
Statutes as suitable for recycling and such other items as are actually recycled.
All other items of waste which the Town and the Authority reasonably
believe would be likely to pose a threat to health or safety or the acceptance
and disposal of which may cause damage to the transfer station or be in violation
of any judicial decision, order or action of any federal, state or local government
or any agency thereof or any other regulatory authority or applicable law
or regulations. The Town recognizes that some substances which are not, as
of the date of this article, considered harmful or of a toxic nature or dangerous
may be determined as such by the DEP and/or EPA subsequent to the date hereof
as hazardous, toxic, dangerous or harmful, and at the time of such determination
such substances shall cease to be acceptable waste.
The Board of Selectmen of the Town of Bethel, Connecticut; when used
in reference to a voting body, it shall be taken to include the phrase "or
a majority thereof."
Any person who holds himself out as a collector to collect either
solid waste or recyclables from residential, business, commercial or other
establishments.
The Connecticut Department of Environmental Protection.
The transfer station as designated by the Housatonic Resources Recovery
Authority (HRRA) as the location where acceptable waste from Bethel shall
be taken for disposal.
The Director of Public Works for the Town of Bethel or his authorized
representative.
The Town of Bethel.
Any individual, corporation, partnership, association or other entity
or organization of any kind.
Real estate containing one or more dwelling units, but shall not
include hospitals, motels or hotels.
A.
In accordance with the provisions of Subsection 22a-220a(d)
of the Connecticut General Statutes, any collector hauling solid waste generated
by residential, business, commercial or other establishments in the Town of
Bethel shall register with the Town on forms prescribed by the Board. Upon
registration and payment of an annual permit fee of $25, each such collector
shall be issued a permit to collect or continue the collection of solid waste
within the Town. Permits issued hereunder shall not be transferred by the
holder thereof. Each such collector shall disclose the name of any other municipality
in which such collector hauls such solid waste. The door of any private vehicle
used to haul solid waste shall be clearly marked with the business name and
address of the collector. Each collector shall further be required to sign
an affidavit of origin, under the penalty of false statement, that all recyclables
disposed of in the name of the Town of Bethel or its residents shall originate
from properties located within the corporate limits of the Town or from such
other locations as the Town may permit.
B.
Each collector permitted to collect solid waste within the Town pursuant to the provisions of Chapter 80, Recycling, and Subsection A hereof shall, subject to the further provisions hereof, collect or cause to be collected all recyclables generated by their Bethel customers and required to be recycled pursuant to the requirements of this article.
C.
No collector shall be required to provide collection
services to any customer who is more than 30 days delinquent in the payment
of collector's fees. If the delinquent customer shall discharge his delinquency,
the collector shall immediately resume collection services to the customer.
D.
As conditions of the permits issued pursuant to this
section, all collectors shall comply with the following requirements:
(1)
Collectors shall conform to all provisions of federal,
state and local law.
(2)
Collectors shall keep accurate records of and report
to the Town or to any other entity designated by it the amounts in the aggregate
of all acceptable waste collected by such collector within the Town.
(3)
Collectors shall pay to the Housatonic Resources Recovery
Authority or Wheelabrator Environmental Systems, Inc., (WES) or to any other
entity designated by them or the Board the applicable tipping fees and charges
with respect to acceptable waste delivered to the designated transfer station
by such collector.
(4)
When delivering acceptable waste to the designated transfer
station, collectors shall use only equipment compatible with the efficient
operation of the designated transfer station, which equipment shall be subject
to the reasonable approval of the operator thereof.
(5)
Collectors shall be responsible for all costs or damages
relating to the delivery by them to the designated transfer station of materials
other than those listed as acceptable waste.
(6)
Collectors shall provide to the Housatonic Resources
Recovery Authority and Wheelabrator Environmental Systems, Inc., a suitable
performance bond or letter of credit to insure the performance of the collector's
obligations hereunder. Said security shall be in such forms and amounts as
determined by the WES and approved by HRRA.
(7)
Collectors shall provide insurance covering their solid
waste collection operation, which shall include the Town, the Housatonic Resources
Recovery Authority and the designated transfer station owner and its operator
as additional insureds. Such coverage shall include but not be limited to
general liability, automotive liability, excess liability, worker's compensation
and employers liability in the amounts reasonably deemed by WES and approved
by HRRA.
E.
Collectors shall use only those highway routes designated
by the Town or by WES with the approval of the HRRA and the Town for the delivery
of acceptable waste to the designated transfer station.
F.
Collectors shall deliver acceptable waste in a clean,
orderly and safe manner and adhere to all reasonable safety rules and regulations
as made known to the collector by the Town or HRRA or by WES with the approval
of the HRRA at all times when vehicles and/or personnel of the collector are
at the transfer station.
G.
Collectors registered with and holding valid permits
issued by the Town pursuant to the provisions hereof shall deliver all acceptable
waste collected within the Town to the designated transfer station. Only the
Town and collectors so registered and permitted shall be designated or otherwise
authorized to collect and deliver acceptable waste to the designated transfer
station. In case of the temporary unavailability of the designated transfer
station, acceptable waste may be diverted to another transfer station by the
Town.
The Town does hereby designate the following authorized sites for the
disposal of acceptable waste generated within the corporate limits of the
Town of Bethel.
A.
Each collector authorized to collect solid waste within
the Town shall deliver all acceptable waste to the designated transfer station.
B.
All Bethel residents not served by a collector who wish
to dispose of their own acceptable waste, if generated within Bethel from
residential property, shall deliver said waste to the Bethel residential dropoff
for subsequent delivery and disposal by the Town.
C.
All persons generating solid waste from nonresidential
properties shall make arrangements to have all acceptable waste collected
in a manner consistent with the provisions of state law and this article.
D.
Except as may be permitted by the Board, the disposal
of acceptable waste originating from a source outside the Town of Bethel shall
be prohibited.
A.
Any collector found to have violated the collection requirements of § 94-3B hereof shall be subject to a fine in the amount of $100 for each offense. In addition, the Town reserves the right to suspend or revoke the permit of any such collector. Any collector whose permit is either suspended or revoked as provided for herein shall be entitled to a hearing before the Board.
B.
Any person who violates the provisions of § 94-3A and B shall be subject to the following penalties:
(1)
Upon a first or second offense, the violator shall receive
a written warning.
(2)
Upon a third offense occurring within a period of one
year from the date of the original offense, the violator shall be subject
to a fine in the amount of $50
(3)
Upon any subsequent offense occurring within a period
of one year from the date of the original offense, the violator shall be subject
to a fine of $100.
C.
In accordance with the authority provided in Section
2 of Public Act No. 90-249,[1] any commercial establishment that is found to have violated the provisions of Subsection (c) of Section 22a-241b of the Connecticut General Statutes shall be subject to a fine in the amount of $500 for each violation.
[1]
Editor's Note: See C.G.S. § 22a-241i.
D.
Any person who violates any other provision of this article
shall be subject to a fine of $100 for each such offense.
The Board is hereby authorized to adopt such regulations as it deems
necessary to implement the provisions of this article. At least one public
hearing, notice of which shall be given at least 10 days in advance by publication
in a newspaper having a general circulation in the Town and by posting a notice
of such hearing in a public place, shall be held by the Board before any such
regulation is adopted. After adoption, every regulation shall, within 10 days,
be published in its entirety in a newspaper having a general circulation in
the Town and, unless it shall specify a later date, become effective on the
31st day after such publication.
