[HISTORY: Adopted by the Town Council of the Town of Montville 12-11-1989 by Ord. No. O-E-3 (Part 130 of the 1991 Compilation). Amendments noted where applicable.]
The accumulation, collection, removal, and disposal of refuse must be controlled by this municipality for the protection of the public health, safety, and welfare. It is consequently found and declared that:
This municipality is authorized by law to regulate the disposition of refuse generated within its boundaries and to collect a charge therefor and to license refuse collectors; and
This municipality is also authorized by C.G.S. § 22a-220a to designate the area where refuse generated within its boundaries shall be disposed; and
This municipality has executed a municipal solid waste management services contract with Southeastern Connecticut Regional Resources Recovery Authority ("SCRRRA"); including an Amendment No. 5 to such municipal solid waste management services contract (collectively with such Amendment No. 5, the "MSA"); the MSA defines the system (the "SCRRRA system") to include the solid waste disposal and resource recovery facility located in Lisbon, Connecticut, and operated by Wheelabrator Lisbon Inc. or its successors or assigns (the "SCRRRA facility") pursuant to a solid waste disposal agreement between SCRRRA and Wheelabrator Lisbon Inc. (the "Wheelabrator agreement") and designates the SCRRRA facility as the "facility" within the SCRRRA system; pursuant to the MSA, this municipality has agreed to deliver or cause to be delivered all solid waste (as defined in the MSA) generated within the corporate boundaries of this municipality to the SCRRRA system as directed by SCRRRA for ultimate delivery to the SCRRRA facility for disposal, subject to and in accordance with the Wheelabrator agreement; all solid waste generated in this municipality shall be delivered or caused to be delivered to the SCRRRA system for so long as the MSA remains in effect, as directed by SCRRRA and for ultimate delivery to the SCRRRA facility; to the extent any such solid waste is not acceptable for disposal at the SCRRRA facility, such unacceptable solid waste shall be delivered or caused to be delivered to such other facility designated by SCRRRA; after the MSA is no longer in effect, the Town Council or the Director of Public Works shall designate the facility for the delivery of solid waste generated in this municipality; all regulations of this municipality and any direction or designation by the Town Council or the Director of Public Works about the disposal of solid waste generated in this municipality shall be consistent with § 328-7A; and
[Amended 12-9-2019 by Ord. No. 2019-08]
This municipality seeks to encourage the recycling of refuse and other methods to reduce the volume of municipal solid waste generated within its boundaries; and
The enactment of this chapter is in furtherance of this municipality's solid waste management plan.
This chapter shall apply to all refuse accumulated, collected, removed and disposed of within the territorial limits of the Town of Montville. No person shall accumulate, collect, remove and/or dispose of any refuse obtained through methods and procedures described in this chapter that is generated outside the territorial limits of the Town of Montville.
The following terms shall have the following meanings:
- BULKY WASTES
- Construction debris, street sweepings, and oversized bulky items, including, but not limited to, discarded appliances, large parts of automobiles, and oversized tree stumps, logs and branches.
- COMMERCIAL FOOD REFUSE
- Includes waste from the preparation, cooking and consumption of food, condemned food products and all refuse from the handling, storage, preparation and sale of produce originating primarily in commercial kitchens, stores, restaurants, food markets and factories.
- The Director of Public Works of this municipality.
- HAZARDOUS WASTES
- Solid and liquid wastes in the following classifications:
- A. Explosives;
- B. Pathogenic or pathological wastes;
- C. Radioactive wastes;
- D. Cleaning fluids, acids, poisons, medicines or other chemical wastes which either create an immediate safety hazard to persons disposing of the waste of which by virtue of their chemistry and/or the method of disposal present a threat to the quality of groundwater or surface water;
- E. Hospital operating room wastes.
- The Town of Montville.
- RECYCLABLE MATERIALS
- Materials which have been so designated by the Director, as approved by the Town Council; provided, however, the Director shall, at a minimum, designate those materials as recyclable that are designated as recyclable under the regulations of the Connecticut Department of Environmental Protection.
- Unwanted and discarded solid materials that are generated within the territorial limits of the Town of Montville but does not include:
- A. Liquid wastes, including, but not limited to, semisolid, liquid materials collected in a municipal sewage system or a septic system;
- B. Bulky wastes;
- C. Hazardous wastes;
- D. Any other material which may not be lawfully disposed of in a sanitary landfill or a resources recovery facility; or
- E. Recyclable materials.
- REFUSE COLLECTORS
- Includes any person, firm or corporation engaged in the business of collecting and transporting refuse, including recyclable materials, for hire within this municipality.
- SOLID WASTE
- Refuse which is not recyclable materials.
The Town Council is hereby authorized to enact from time to time such regulations as it shall deem in the public interest and as allowed by the Connecticut General Statutes regarding the separation, recovery, collection, removal, storage, preparation, and disposition of refuse, bulky waste, hazardous waste, and recyclable materials, including but not limited to any applicable fees and fines. Such regulation shall become effective immediately upon passage, shall be published immediately after passage in a local daily newspaper, and shall be immediately posted in a conspicuous place in the Town Hall and at disposal sites designated as such by the Director that are within the municipality.
License required. No person may collect or dispose of refuse generated in this municipality without a license except that the actual producers of refuse or the owners of premises in this municipality upon which refuse has accumulated may personally collect and dispose of such refuse at such places as the Director may designate.
Licensing authority designated. The Director shall be the licensing authority for refuse collectors. The Director shall grant a license within a reasonable time following the filing of proper application and payment of the prescribed fee unless he finds one or more of the following conditions to prevail:
The applicant has been irresponsible in conduct of refuse collection and hauling operations based upon previous suspensions and/or revocations of licenses or based upon violation of any regulations enacted by the Town Council.
The applicant lacks suitable equipment with which to collect refuse in a safe and nuisance-free manner and in compliance with this article.
The applicant lacks adequate liability insurance.
Revocation or suspension of license. A license to engage in refuse collection and to use the waste disposal or processing facilities provided by this municipality is a privilege, not a right. Failure to comply with the provisions of any license issued under the provisions of this article shall result in revocation and/or suspension of the license in addition to any other penalty imposed by law.
Director responsible. The Director shall administer the licensing of any refuse collector engaged in the collecting and transporting of refuse in this municipality. The Director shall also regulate the refuse collectors' responsibilities and obligations in the collection and disposal of refuse or bulky waste. The Director shall regulate refuse collectors in accordance with C.G.S. § 22a-220a.
[Amended 11-14-2018 by Ord. No. 2018-08]
Refuse containers shall be maintained in good condition free of holes and fissures and shall be equipped with securely fitting covers.
[Amended 6-8-1992 by Ord. No. O-U-3; 6-14-1993 by Ord. No. O-W-3; 7-12-1993 by Ord. No. O-X-3]
Public places. No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within this municipality except in proper containers or otherwise properly prepared for collection or under express approval granted by the Director. No person shall throw or deposit any refuse in any stream or other body of water.
Accumulation of refuse. Any uncontained accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of refuse within 10 days after written notice from the Director by registered mail shall be deemed a violation of this chapter.
Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within this municipality any refuse in such a manner that it may be carried or deposited by the elements upon or in any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises.
Illegal dumping. No person shall dispose of solid waste in a receptacle rented or owned by another person. No person shall contaminate a receptacle designated for recycling by disposing of solid waste in such receptacle. No person shall dispose of refuse generated outside the territorial limits of the Town of Montville.
Temporary storage of out-of-town wastes. It shall be expressly prohibited for any person, firm or corporation to store refuse, garbage, waste products and/or rubbish originating outside of the Town of Montville for other than temporary storage within the Town of Montville for disposal at a licensed public or private facility located outside of the Town of Montville. For the purpose of this subsection, "temporary storage" shall be defined as storage at a particular location for not more than four hours.
Accumulation of refuse causing a health hazard. Any accumulation of refuse on any premises, public or private property, that is declared to be health nuisance or hazard by the Director of Health is prohibited. The Director of Health, upon the declaration of a health hazard or nuisance, shall issue the property owner a notice of such declaration. Failure to remove any such accumulation of refuse within 10 days after written notice from the Director of Health by certified mail shall be deemed a violation of this chapter. Upon failure by the property owner to remove such accumulation within the 10 days of written notice, the Director of Health shall issue an order to the Town to clean up and remove said accumulation. The property owner shall be assessed the full cost of cleanup by way of billing and/or lien of said property in addition to any fines in § 328-11 hereof.
It shall be unlawful for any person, firm, or corporation to place hazardous wastes or similarly dangerous substances into any refuse container or to transport any such substance to any place designated for the disposal or delivery of refuse or bulky waste.
Bulky waste may not be collected or mixed with refuse and shall be delivered or disposed of at such place and time as the Director may from time to time designate, and any applicable charge shall be paid by the person delivering the waste.
Separation of materials; collection. Recyclable materials shall be separated from solid waste, prepared for collection, and placed at the curb or other designated collection places for collection on the days designated by the Director in accordance with the regulations established by the Town Council.
Separation at nonresidential premises. The owners or operators of multifamily housing units and commercial, industrial or other nonresidential premises where refuse is created or generated shall provide sufficient areas and receptacles on the premises for convenient separation and storage of recyclable materials. Recycling receptacles must be clearly labeled as being for recyclable only and must be a different color from refuse containers used for solid waste.
[Amended 11-14-2018 by Ord. No. 2018-08]
Notice. Any household found in violation of the regulations shall be issued up to one notice of noncompliance by way of a letter from the Public Works Director, before fines are assessed. Information describing procedures for compliance will be enclosed in the notice.
Household refuse found not separated as required shall be subject to a fine of $10 per type of recyclable material to a maximum of $90 per offense.
Commercial and industrial facilities where refuse is found not separated as required shall be subject to a fine of $90.
Any licensed contractor found to have recyclables in any load at the incinerator shall be subject to a ninety-dollar fine per offense. Any contractor fined three times in one year shall be denied further access to the incinerator until loads have been properly sorted.
Nonpayment of fines will result in discontinuance of service or revocation of permit.
Anyone littering or placing refuse along any public roadway, public place or upon any private property except in proper containers or otherwise properly prepared for a Town-wide collection shall be subject to a fine of $90 per offense.
Any person or contractor found to have misrepresented the origin of refuse shall be subject to a fine of $90 per offense; additional violations shall be cause for revocation of the use of the transfer station.
All payments of fines shall be submitted to the Town Treasurer, who shall deposit same into the Town's General Fund.
Appeal. Any persons, businesses, or contractors aggrieved by fines and/or penalties levied may seek relief from the Solid Waste Subcommittee of the Town Council, who shall at its next regularly scheduled meeting consider all evidence presented by the aggrieved person and by Town staff, and within 30 days of said meeting, present its findings to the Town Council at its next regularly scheduled meeting. The Town Council shall then render a decision regarding said fine or penalty.