[HISTORY: Adopted by the Board of Directors of the Town of
Manchester 10-13-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
CHARTER REFERENCES
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.
[1]
Editor's Note: This ordinance also repealed former Ch. 273,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.
A.
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.
B.
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:
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.
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.
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.
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.
A Town-issued, wheeled green plastic cart that is provided
for the specific purpose of storing refuse generated by residential
activities.
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.
Any of the materials defined herein as bulky waste, construction
and demolition waste, garbage, household hazardous waste, recyclables,
refuse, rubbish and 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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
The provisions of this section shall apply to any owner or occupant
who places containers on the curbside for collection.
A.
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.
B.
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.
C.
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.
[Added 5-4-2010]
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):
A.
Each municipal member whose individual population is less than 1%
of the total population of all CCSWA municipal members shall have
one vote;
B.
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;
C.
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;
D.
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
E.
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.
