[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:
A.
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
B.
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
C.
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solid waste shall be delivered or caused to be delivered to such other facility designated by SCRRRA; after the MSA is no longer in effect, the Town Council or the Director of Public Works shall designate the facility for the delivery of solid waste generated in this municipality; all regulations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]
D.
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
E.
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:
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.
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.
Solid and liquid wastes in the following classifications:
Explosives;
Pathogenic or pathological wastes;
Radioactive wastes;
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;
Hospital operating room wastes.
The Town of Montville.
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:
Liquid wastes, including, but not limited to,
semisolid, liquid materials collected in a municipal sewage system
or a septic system;
Bulky wastes;
Hazardous wastes;
Any other material which may not be lawfully
disposed of in a sanitary landfill or a resources recovery facility;
or
Recyclable materials.
Includes any person, firm or corporation engaged in the business
of collecting and transporting refuse, including recyclable materials,
for hire within this municipality.
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.
A.
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.
B.
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:
(1)
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.
(2)
The applicant lacks suitable equipment with which
to collect refuse in a safe and nuisance-free manner and in compliance
with this article.
(3)
The applicant lacks adequate liability insurance.
C.
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.
D.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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]
A.
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.
B.
Fine schedule.
(1)
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.
(2)
Commercial and industrial facilities where refuse is found not separated
as required shall be subject to a fine of $90.
(3)
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.
(4)
Nonpayment of fines will result in discontinuance of service or revocation
of permit.
(5)
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.
(6)
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.
(7)
All payments of fines shall be submitted to the Town Treasurer, who
shall deposit same into the Town's General Fund.
C.
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.
