[HISTORY: Adopted by the Board of Directors of the Town of Manchester 10-13-2009. Amendments noted where applicable.]
Building construction — See Ch. 129.
Demolition of buildings — See Ch. 133.
Landfill — See Ch. 200.
Littering — See Ch. 209.
Nuisances — See Ch. 226.
Property maintenance — See Ch. 242.
Authority to define, prohibit and abate nuisances — See § 1-3(17).
Authority to provide for collection of garbage and trash — See § 1-3(56).
STATE LAW REFERENCES
Municipal resource recovery authorities — See C.G.S. Ch. 103b.
Recycling regulations — See C.G.S. § 22a-241b.
Editor's Note: This ordinance also repealed former Ch. 273, Solid Waste, which consisted of Art. I, Garbage Collection, adopted as Secs. 13-1 to 13-8 of the 1996 Code, as amended.
§ 273-4 Storage, placement and usage of refuse and recycling containers on residential properties; penalties for offenses.
The Town of Manchester provides curbside refuse and recycling collection and disposal services to single-, two-, three- and four-family dwellings by providing Town-issued refuse and recycling containers for the sanitary, safe storage and disposal of refuse and recyclables.
It is the responsibility of each owner of any building that is not a single-, two-, three- or four-family dwelling to provide refuse and recycling containers for the sanitary and safe storage of refuse and recyclables and to provide for the removal and disposal of refuse and recyclables in accordance with applicable statutes and regulations.
As used in this chapter the following terms shall have the meanings indicated:
- BULKY WASTE
- Oversized waste materials too large for collection in Town refuse containers. Bulky waste shall not consist of any refuse that may be packaged and disposed of using Town-provided refuse containers. Examples of bulky waste include furniture, appliances, carpeting, mattresses, box springs and similar items.
- CONSTRUCTION AND DEMOLITION (C&D) WASTE
- Materials and wastes resulting from the repair, construction, demolition and/or renovation of buildings or structures, such as lumber, earth, stones, concrete, mortar, masonry, tubs, floor tiles, linoleum, roofing materials, sheathing, rubble, macadam, plaster and brick, conduit, pipe, insulation, and other material. These materials do not constitute bulky waste.
- A house or building, or portion thereof, or any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and/or eating by one or more families or households.
- DWELLING UNIT
- A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
- Putrescible household wastes, animal and vegetable matter, and all other waste liable to decay.
- HOUSEHOLD HAZARDOUS WASTE (HHW)
- Waste materials that are toxic, flammable, reactive or corrosive, including but not limited to oil-based paints, thinners, fluorescent lamps, pool chemicals, pesticides, mercury thermometers, and gasoline. These materials do not constitute bulky waste.
- Any person living or sleeping in a building or having possession of a space within a building.
- Any person, agent, operator, firm or corporation having a legal or equitable interest in the property or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
- All items required to be recycled by municipalities in accordance with the regulations of the Department of Environmental Protection, adopted pursuant to § 22a-241b of the Connecticut General Statutes, and all other items designated for recycling in the rules and regulations established pursuant to § 273-6 of this chapter.
- All putrescible and nonputrescible solid wastes, including garbage and rubbish, generated by residential activities. Refuse shall not include recyclables, bulky waste, C&D waste, HHW or yard waste.
- REFUSE CONTAINER
- A Town-issued, wheeled green plastic cart that is provided for the specific purpose of storing refuse generated by residential activities.
- RECYCLING CONTAINER
- A Town-issued, wheeled blue plastic cart that is provided for the specific purpose of storing those household recyclables, designated in the rules and regulations established pursuant to § 273-6 of this chapter, generated by residential activities for collection by the Town.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, except garbage; the term shall include materials such as films, wrappings, rubber, leather, rags, clothes, crockery, dust sweepings, and nonrecyclable papers, plastics, metals and glass, but shall not include recyclables, bulky waste, C&D waste, HHW and yard waste.
- SOLID WASTE
- Any of the materials defined herein as bulky waste, construction and demolition waste, garbage, household hazardous waste, recyclables, refuse, rubbish and yard waste.
- YARD WASTE
- Organic materials, including cut branches, limbs, leaves, mowed grass, shrubbery trimmings, weeds and Christmas trees, primarily generated from landscaping and yard care activities. Does not include garbage, rubbish, trees or tree branches over three inches in diameter, or tree stumps.
It is expressly prohibited for any person, except authorized Town employees or persons with a contractual agreement with the Town, to dump any solid waste on any public highways, rights-of-way or public lands within the Town, except in those areas specifically designated for refuse disposal, without the express written permission of the General Manager.
§ 273-4 Storage, placement and usage of refuse and recycling containers on residential properties; penalties for offenses.
All refuse and recyclables accumulated by owners of residential properties and the occupants of residential properties whose collection is provided for by the Town of Manchester shall be placed in the appropriate Town-issued containers for curbside collection.
It shall be a violation of § 273-3 to place at the curbside, not in a Town-issued container, any refuse or recyclables, or to place at the curbside any solid waste, not in compliance with the rules and regulations established pursuant to § 273-6. Any such refuse, recyclables or other solid waste shall be subject to removal by the Town in accordance with § 273-5.
The containers in which refuse and recyclables are kept shall be placed at the curbside rather than in the roadway, unless otherwise approved by the Director of Public Works. The Town's solid waste contractor shall not be required to enter a building to remove refuse or recyclables.
No person shall place any refuse container or recycling container at the location designated for collection by the Town before 12:00 noon on the day prior to the designated collection day. After collection has been completed and the receptacle emptied by the Town, the resident must remove the empty containers from the collection point by 12:00 noon on the day following the collection.
The provisions of this section shall apply to any owner or occupant who places containers on the curbside for collection.
Any solid waste that has been placed on the curbside for collection that is either not eligible for curbside collection or has been placed on the curbside improperly shall be subject to removal by the Town in accordance with the provisions of this subsection. Town personnel or the Town's solid waste contractor shall place a notification sticker on the solid waste materials so as to be readily visible. The notice shall state (1) the date it was posted, (2) that the Town does not collect this type of waste, (3) that the waste must be removed within three days, and (4) that if not removed within three days, the Town will remove the waste and bill the owner for the expense.
If the owner of the property has not removed the solid waste within three days, the Director of Public Works or designee shall remove and dispose of the solid waste.
If the Town incurs any expenses by removing the solid waste, the costs shall be the responsibility of the property owner of record. The Director of Public Works or designee shall prepare a bill and send it to the property owner's address of record. If the bill remains unpaid for a period of 30 days, the Town may recover its expenses in a civil action against the property owner. The Town shall have a lien against the property for such recovery. The remedies provided in this subsection shall be in addition to those permitted by § 273-7.
The Director of Public Works shall establish rules and regulations to effectuate the provisions of this chapter concerning the separation, collection, removal, storage, hauling and disposition of refuse, recyclables, bulky waste, yard waste, C&D waste, and HHW.
The scavenging or the removal by any person other than the Town's solid waste contractor or the property owner of recyclables which have been placed in designated containers or curbside for collection is prohibited. A violation of this section shall be considered an infraction pursuant to Connecticut State Statutes governing infractions and shall subject the violator to a fine of $90 per violation.
Pursuant to § 7-273aa of the Connecticut General Statutes Annotated, which provides that any two or more Connecticut municipalities may, by concurrent ordinances of their legislative bodies, create a regional solid waste authority under the provisions of §§ 7-273aa to 7-273oo, inclusive (Chapter 103b), to jointly manage solid waste and recycling services on behalf of its members, the purpose of this article is to create such a regional authority, to be known as the "Central Connecticut Solid Waste Authority" (CCSWA). Upon adoption of this article by two or more municipalities, CCSWA shall be created.
CCSWA is hereby created as a regional authority under the provisions of Chapter 103b and shall have all the rights, powers, duties and obligations of a regional authority pursuant to Chapter 103b and Chapters 446d and 446e of the Connecticut General Statutes Annotated.
The Town of Manchester (the "municipality") hereby designates CCSWA as its regional solid waste authority, including its regional resource recovery authority, and adopts the provisions of Chapter 103b in connection with this election to become a member of CCSWA; provided, however, that this designation and membership election shall not constitute a commitment of the municipality's solid waste or recycling streams, and provided further that the municipality agrees that it shall take no action, now or in the future, contrary to its currently existing legal obligations and commitments, including, without limitation, making any pledge of its municipal solid waste or recycling streams to a disposal or recycling option chosen through CCSWA which has an effective date commencing prior to the expiration date of any currently existing waste stream commitment to another disposal or recycling arrangement. By adopting this article, the municipality shall not be obligated now or in the future to make any such commitment of its solid waste or recycling streams, or to commit any funding toward CCSWA, without further express authorization by its legislative body.
The purpose of CCSWA shall be to solicit and jointly manage solid waste and recycling services on behalf of its members.
The principal address of CCSWA shall be 241 Main Street, Hartford, Connecticut 06106, c/o the Capitol Region Council of Governments.
The members of CCSWA shall be the municipalities, including the municipality, which adopt this article. Each member municipality shall be assigned to one of four subregions of CCSWA: (1) the Northwest Subregion, (2) the Naugatuck Valley Subregion, (3) the Greater Capitol Subregion or (4) the Shoreline Subregion.
The number of votes to be cast by each municipal member of CCSWA at any meeting of the Authority's full membership shall be determined in accordance with the following five-tiered voting system based on the individual population of each municipal member compared to the total population of all CCSWA municipal members (all such population figures to be derived from the most recent annual data published by the Connecticut Department of Public Health):
Each municipal member whose individual population is less than 1% of the total population of all CCSWA municipal members shall have one vote;
Each municipal member whose individual population is equal to or greater than 1%, but less than 2%, of the total population of all CCSWA municipal members shall have two votes;
Each municipal member whose individual population is equal to or greater than 2%, but less than 5%, of the total population of all CCSWA municipal members shall have three votes;
Each municipal member whose individual population is equal to or greater than 5%, but less than 10%, of the total population of all CCSWA municipal members shall have four votes; and
Each municipal member whose individual population is equal to or greater than 10% of the total population of all CCSWA municipal members shall have five votes.
Each municipal member shall appoint one representative to CCSWA, which shall be the current chief elected official of the municipality or that official's designee, and that representative shall exercise the voting powers established for that municipal member as set forth in this article. As long as the method of appointment and removal and the term of office of each municipal member representative shall be consistent with the first sentence of this section, the details of such appointment, removal and term of office shall be as determined by the appointing municipality; provided, however, that not more than half of the terms of all such municipal representatives shall expire within any one fiscal year.
There shall be at least one annual meeting of all municipal members of CCSWA, to elect the members of the Executive Committee and enact such other business as shall be deemed advisable at such meeting, all as provided in the bylaws of CCSWA to be adopted after its formation. It shall require the affirmative vote of a majority of all CCSWA municipal members to enact the Authority bylaws or adopt any amendments thereto, such vote to take place at a duly-called meeting of the full membership of CCSWA, with proxy voting to be permitted at such meeting.
The members and member representatives of CCSWA shall receive no monetary compensation solely for their service as members and member representatives of CCSWA; provided, however, that the ability of CCSWA, if it chooses to do so in its sole discretion, to pay host community compensation to municipal members which agree to host facilities owned or used by CCSWA within their municipal borders shall not be affected by this prohibition.
The full membership of CCSWA shall elect an Executive Committee to manage the operations of CCSWA; provided, however, that the specific division of responsibilities for such management between the Executive Committee, the full membership of CCSWA and any other body or officer of CCSWA shall be consistent with the bylaws of CCSWA to be adopted after its formation. No member of CCSWA shall have more than one representative on the Executive Committee, and each member of the Executive Committee shall have one vote, without regard to the voting system established by § 273-17 of this article for meetings of the Authority's full membership. The members of such Executive Committee shall constitute an odd number, shall include at least one representative of each of the five voting tiers established pursuant to § 273-17 of this article for meetings of the Authority's full membership, and shall also be determined by considerations of geographical representation based on the four subregions established under § 273-16 of this article, all such matters and the terms of office and appointment of such Executive Committee members and other matters pertaining thereto to be specifically determined in a manner consistent with the bylaws of CCSWA to be adopted after its formation.
This article is hereby adopted pursuant to and in compliance with all laws governing the municipality's adoption of ordinances.