Town of Newington, CT
Hartford County
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Table of Contents
Table of Contents
A. 
Refuse. All refuse generated in the Town shall be collected, conveyed and disposed of by the Town or by persons licensed by the Town to perform such work. No other person shall collect, convey over any street, or dispose of any such refuse, provided this shall not prohibit the actual generators of refuse or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse, provided such generators or owners comply with the provision of this article and with any other applicable laws, ordinances and regulations.
B. 
Recyclables.
(1) 
All occupants of residential premises within the boundaries of the Town shall keep recyclables separated from refuse. Owners of nonresidential premises and apartment complexes may make provision for the separation of recyclables from refuse off site. Such owners are ultimately responsible for the final disposition of all recyclables in accordance with state law and/or regulations.
(2) 
Recyclables generated from residential premises. Recyclables generated from residential premises shall be collected, conveyed and disposed of by the Town, by persons approved by the Town to perform such work, or by residents of the Town in those cases where the Town has provided dropoff sites for recyclables, as designated by the Town Manager. All such recyclables shall be prepared for collection or disposal in conformance with regulations established pursuant to this chapter.
(3) 
Recyclables generated from nonresidential premises and apartment complexes. Recyclables generated from nonresidential premises and apartment complexes shall be collected and disposed of by individual arrangements between the generator(s) and/or property owner(s) and the conveyor(s), except that residents of apartment complexes may also use those dropoff sites referred to in Subsection B(2) above.
A. 
Independent residential premises.
(1) 
The Town shall, by means of its own forces or by contract, collect refuse from independent residential premises at a frequency of one time per week; certain recyclables, as designated by the Town Manager, shall be collected at a frequency of at least every other week. Collection may be at a greater frequency during periods when a public health emergency exists in the opinion of the Director of Health of the Central Connecticut Health District. A schedule for the regular collection of refuse and recyclables from independent residential premises shall be published by the Town Manager by legal notice appearing in at least one newspaper having circulation in the Town and shall not be changed except after similar notice of at least 10 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
In order to be afforded collection service hereunder, a dwelling occupant shall place material for collection at the curb, at the road shoulder or at the road pavement edge no later than 6:00 a.m. on the day of the week on which collection at the premises is scheduled to take place.
(3) 
All collections of refuse and recyclables from independent residential premises shall be made from the curbside of public streets. Following collection, empty containers shall be removed from the public right-of-way within 24 hours of collection, provided that the owner of any container(s) which is (are) neglected contrary to the foregoing shall, prior to enforcement action being taken, be warned by the Town concerning noncompliance and shall be given not more than four hours in which to comply. A warning preceding enforcement shall not be necessary if the violator has been warned or cited on a previous occasion under this section. No refuse or recyclables shall be stored within a public right-of-way preceding the designated collection time by more than 48 hours.
B. 
Residential condominiums and planned unit developments.
(1) 
The Town shall, by means of its own forces or by contract, collect refuse and certain recyclables, as designated by the Town Manager, from such dwelling units as the master associations of which request service. The frequency of refuse collection shall be one time per week, provided that collection may be at a greater frequency during periods when a public health emergency exists in the opinion of the Director of Health. The frequency of collection for certain recyclables, as designated by the Town Manager, shall be at least every other week.
(2) 
A schedule for the regular collection of refuse and recyclables shall be fixed by the Town Manager with written notice provided to each master association and shall not be changed except after similar notice of at least 10 days.
(3) 
In order to be afforded collection service hereunder, the applicable master association shall give written notice of its request for such service to the Town Manager not later than six months prior to the commencement of the first fiscal year during which such service is to be rendered and shall, prior to the commencement of such services:
(a) 
Execute an agreement saving the Town, its employees, and its contractor(s) harmless for any damages associated with or resulting from the collection of refuse or recyclables on its premises, which agreement will be binding upon each and every unit owner within said complex and their successors.
(b) 
Provide refuse and recyclables containers of a type and size and at a pickup location approved by the Town Manager, maintain said containers in a condition acceptable to the Town Manager and replace said containers when their condition warrants replacement in the opinion of the Town Manager.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(c) 
Assure and keep open access to refuse and recyclables containers on its premises so that collection vehicles and workers will not be impeded or delayed in their functions while on the premises (including the reasonable clearance of snow and control of ice).
C. 
Supervision; regulations. All refuse and recyclables collection performed by or for the Town shall be under the supervision of the Town Manager. The Town Manager shall, after notice hereinafter specified, have the authority to make regulations concerning days of collection, the type and capacity of waste containers, the placement of waste containers, the securing and bundling of loose materials, the separation of refuse and recyclable materials, and such other matters pertaining to the collection, conveyance and disposal of refuse and recyclables as he/she shall find necessary and to change and modify the same, provided that such regulations are not contrary to the provisions hereof. Notification of the establishment or amendment of such regulations shall be filed with the Town Clerk and with each member of the Town Council at least 60 days prior to the effective date thereof. If the regulations or amendments thereof are unacceptable to the Town Council, the Town Council may, by resolution, direct that they be changed. If the Town Council does not take action to direct changes within the sixty-day period, said regulations or amendments, as the case may be, shall automatically become effective at the expiration of the sixty-day period.
D. 
Suspension. The Town Manager is authorized to suspend collection from any residential premises whereof the owner, the dwelling occupant, the proprietor, or the association does not comply with the terms of this chapter or regulations made hereunder after a written warning has been sent to the address of noncompliance by registered mail.
E. 
Material uncollectible. The Town or its agent shall at no time collect body wastes, hazardous wastes, or other wastes which have not been prepared for collection in conformity with the provisions of this chapter and the rules and regulations issued by the Town Manager relating thereto. The Town or its agent shall not collect refuse or recyclables from any nonresidential premises or from any apartment complexes except to abate a public health emergency at the order of the Director of Health.
A. 
Refuse. The owner of each premises where refuse is generated shall provide, at a suitable place upon such premises, sufficient receptacles for receiving and holding such refuse during the intervals between collections. Refuse containers shall be maintained in a good condition, free of holes and fissures large enough to permit the infiltration of vermin, and shall be equipped with securely fitting covers.
B. 
Recyclables.
(1) 
The Town shall provide each dwelling unit, except for those in an apartment complex, with containers for the storage of recyclables between collections. Such recyclables shall be designated by the Town Manager. Containers provided under this subsection shall be either a twelve- to fifteen-gallon plastic bin, or a two-compartment, six-cubic-yard dumpster in designated multiple-dwelling-unit complexes. The dumpster-per-dwelling-unit ratio in designated complexes shall be specified by the Town Manager.
(2) 
Containers. Initial containers provided by the Town pursuant to Subsection B(1) above shall be at no cost to the resident. Recycling bins shall remain the property of the Town; dumpsters shall remain the property of the Town contractor. Replacement containers will be made available by the Town at a cost to be determined by the Town Manager. Such containers are to be used for the storage of designated recyclables only.
(3) 
Use of containers. All recyclables generated from residential premises shall be placed in containers so designated by the Town Manager prior to collection.
A. 
Public places. No person shall place any refuse or recyclables in any street, alley or other public place, or upon any private property, whether owned by such person or not, within the Town except in proper containers or otherwise properly prepared for collection or under express approval granted by the Town Manager. Nor shall any person throw or deposit any refuse in any stream or other body of water.
B. 
Accumulation of refuse. Any uncontainerized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of refuse within seven days after written notice from the Director of Health of the Central Connecticut Health District, by registered mail, to remove same shall be deemed a violation of this chapter.
[Amended 6-10-2008 by Ord. No. 0709-1]
C. 
Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the Town 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 private premises within the Town.
A. 
No person shall collect refuse generated within the Town or convey such refuse over Town roads or streets without first having obtained a license for same from the Town Manager.
B. 
Such license shall be for a period of one year beginning July 1, and the fee therefor shall be as provided in § 225-1 of this Code, proratable to the first day of the month in which said license is granted when licenses are obtained for fewer than 12 months. The Town Manager shall grant a license within a reasonable time following the filing of a 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 the conduct of refuse collection and hauling operations based upon previous suspensions and/or revocations of licenses under this chapter.
(2) 
The applicant lacks suitable equipment with which to collect and/or transport refuse in a safe and nuisance-free manner.
C. 
Any person licensed under this section who has reason to believe that a person from whom he/she collects refuse has violated § 332-3B of this chapter shall issue a warning notice to such person and promptly notify the Town Manager.
D. 
The Town Manager is authorized to suspend or revoke the license of any person who violates the terms of this chapter or any regulations made pursuant hereto and to refuse issuance of licenses to persons who have committed repeated violations.