[HISTORY: Adopted by the Special Town Meeting of the Town of Norfolk 1-22-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 96.
Ordinance enforcement — See Ch. 100.
The accumulation, collection, removal and disposal of refuse must be controlled by this Town for the protection of the public health, safety and welfare. It is consequently found and declared that:
A. 
The Town is authorized by law to regulate the disposition of refuse generated within its boundaries and to collect a charge therefor and to license refuse or recycling collectors.
[Amended 9-27-2005 STM]
B. 
The Town is also authorized by C.G.S. § 22a-220a to designate the area where refuse generated within its boundaries shall be disposed.
C. 
Such place of disposal must not receive any hazardous waste.
D. 
The Norfolk Landfill shall not accept refuse generated outside of the Town of Norfolk.
As used in this chapter, the following terms shall have the meanings indicated:
APARTMENT COMPLEX
A multifamily structure of three or more separate dwelling units grouped into one or more buildings.
BATTERIES
Lead acid batteries or other batteries used in automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
CARDBOARD
Corrugated boxes which have a minimum of contamination.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONDOMINIUM COMPLEX
Any grouping of dwelling units which are covered by Chapter 825 of the Connecticut General Statutes (Condominium Act).[1]
FIRST SELECTMAN
The First Selectman or his designee.
GLASS FOOD CONTAINERS
Glass bottles or jars of any size or shape used to package food products or liquids suitable for human or animal consumption.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries and the like.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
LEAVES
Does not include brush, branches or grass clippings.
METAL FOOD CONTAINERS
Aluminum, bimetal, steel, tin plated steel or other metallic can, plate or tray of any size or shape used to package food products suitable for human or animal consumption.
NEWSPAPERS
Used or discarded newspapers which have a minimum of contamination by food or other material.
OFFICE PAPER
Used or discarded uncontaminated white paper, including but not limited to computer paper.
PLASTIC FOOD AND BEVERAGE CONTAINERS
High-density polyethylene.
RECYCLABLE MATERIALS
The items designated by the Recycling Coordinator for segregation from the municipal solid waste stream.
REFUSE OR RECYCLABLE COLLECTOR
Any person engaged in the business of collecting and transporting commercial, household or industrial solid waste or recyclables for hire within the boundaries of the Town.
[Amended 9-27-2005 STM]
RESIDENTIAL ESTABLISHMENT
Any premises used primarily as a domestic dwelling, including but not limited to single- and multiple-family homes, apartments and condominiums.
SCRAP METALS
Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to white goods.
SOLID WASTE
Unwanted or discarded materials consistent with the meaning of that term pursuant to C.G.S. § 22a-260(7), excluding semisolid or liquid materials collected and treated in a sewerage system.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
WHITE METAL
Refrigerators, stoves, washers, dryers, etc.
[1]
Editor's Note: See C.G.S. § 47-68a et seq.
[Amended 9-27-2005 STM]
Any person who operates or wishes to operate as a refuse or recycling collector in the Town shall apply for registration as a refuse or recycling collector with the Town in the manner prescribed.
A. 
All persons desiring to register as refuse or recycling collectors must apply to the First Selectman on forms provided by that department. The forms shall require the registrant to furnish all information requested, including but not limited to:
[Amended 9-27-2005 STM]
(1) 
The name and address of the business.
(2) 
The names of all partners, officers or proprietors of the business.
(3) 
A listing and description of the vehicles to be used for solid waste hauling in the Town.
(4) 
The number of customers.
(5) 
The approximate tonnage of solid waste expected to be collected each week.
(6) 
The names of all other communities serviced by the registrant.
(7) 
Evidence of general public liability insurance in the minimum amount of $500,000 and automobile liability insurance in the minimum amount of $500,000. The Town shall be made a co-insured party on all required insurance policies, and a certificate showing the same shall be submitted with the application.
B. 
The door of any private vehicle used to haul refuse or recyclables shall be clearly marked with the business name and address of the hauler.
C. 
A registered refuse or recycling collector shall update the information required by Subsection A of this section at least once each year at the time the registration is renewed.
[Amended 9-27-2005 STM]
D. 
Registration shall be effective until the following January 1 and shall be renewed on an annual basis during the month of January each year.
E. 
The initial registration fee shall be $50 per vehicle, and each annual renewal fee of $50 shall be effective from January 1 to December 31. Registration fees shall not be prorated.
[Amended 9-27-2005 STM]
F. 
Each licensed refuse/recyclable collector shall obtain a separate registration for each vehicle he operates within the Town of Norfolk. Registrations shall not be transferable from vehicle to vehicle.
G. 
Licenses are not transferable. When any licensee shall sell or transfer all or part of his route to any other refuse/recyclable collector, he shall first notify the First Selectman in writing of his intent to sell, and the transferee shall, simultaneously, make application for the appropriate licensee to operate in the Town of Norfolk.
H. 
Upon request by the Board of Selectmen, a refuse/recyclable collector shall, within five days, provide the Board of Selectmen the names and addresses of all customers served in the Town of Norfolk.
I. 
Commercial vehicle permits shall be displayed on the lower right windshield of each vehicle.
Occupants of premises within the Town of Norfolk must apply to the Town Clerk for a sticker to be able to dispose of refuse or recyclable materials at municipal facilities. The sticker shall be displayed in the lower right-hand portion of the windshield. Such license may be revoked or suspended as set forth in this chapter, and appeals therefrom may be taken in the manner set forth in said chapter.
A. 
The First Selectman shall mail written notice of the approval or denial of an application for registration as a refuse/recyclable collector to the applicant within 15 days after submission of the application. Registration shall be deemed effective as of the date of mailing of notice of approval.
B. 
The First Selectman may refuse to grant registration to any applicant if that person:
(1) 
Violates any provision of this chapter.
(2) 
Is not insured in accordance with this chapter.
(3) 
Has been irresponsible in the collection and transporting of solid waste.
(4) 
Lacks equipment suitable for collecting solid waste in a safe, nuisance-free manner.
(5) 
Disposes in the Norfolk Landfill refuse generated outside of the Town of Norfolk.
C. 
A denial or suspension of registration may not exceed a period of 180 days for any one violation. Repeat violations may result in permanent revocation of a permit and refusal to approve any future application.
D. 
Denials, suspensions or revocations shall only become effective five calendar days after receipt of written notice from the First Selectman, by certified mail, informing the person of the decision and the reason for it.
A. 
A permit to engage in refuse collection and to use any waste disposal and/or processing facilities provided by Norfolk is a privilege, not a right.
B. 
Failure to comply with the provisions of this chapter or a finding of circumstances set forth in § 119-6B of this chapter shall be grounds for revocation or suspension by the First Selectman of any permit or registration issued hereunder, in addition to any other penalty imposed by law.
C. 
Revocations or suspension shall only become effective five days after receipt of written notice from the First Selectman.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, which provided a procedure for review of an action by the First Selectman, was repealed 9-27-2005 STM. For current provisions, see § 119-8A.
E. 
Timely filing of such request for review shall operate as an automatic stay of the First Selectman's action.[2]
[2]
Editor's Note: Former Subsection F, which immediately followed and provided that the Board of Selectmen act as an appeals board, was repealed 9-27-2005 STM. For current provisions, see § 119-8B and C.
A. 
If a permit holder objects to the First Selectman's action to deny, revoke or suspend his permit or registration, he may, within five days of receipt of said notice, file a written request with the Town Clerk for review by the Board of Selectmen. Failure to file such request in a timely manner shall make the First Selectman's action final and binding upon the refuse/recyclable collector.
B. 
A hearing shall be scheduled before the Board of Selectmen for a date not more than 30 days after the notice of appeal is filed. The hearing may be postponed or continued to a later date one time and the alternate date must be no more than two weeks after the original date. Written notice of the hearing shall be given by the Clerk to the person taking the appeal and to any person who requests notice of the hearing. The hearing may be at a regular or special meeting of the Board of Selectmen. If a permit holder or applicant appeals a decision by the First Selectman (not his or her designee), the First Selectman shall appoint an indifferent person to hear the appeal with the other two Selectmen.
C. 
At that hearing, the person aggrieved shall be permitted to present evidence and cross-examine witnesses. No formal rules of evidence shall apply, but the Board of Selectmen may exclude irrelevant or duplicative evidence. The Board of Selectmen shall make its decision within 45 days of the date the notice of appeal is filed. That period may, but need not be, extended by any period of postponement which is requested for the convenience of the person bringing the appeal. The decision may uphold the decision denying, suspending or revoking the registration, reverse the decision and order the registration granted or reinstated or order the registration granted or reinstated with modifications. The decision of the Board of Selectmen shall be final.
Pursuant to C.G.S. § 22a-220a, the Board of Selectmen hereby designates the Norfolk Sanitary Landfill as the area where solid waste generated within the boundaries of the Town of Norfolk by residential, business, commercial or other establishments shall be disposed. On and after January 1, 1991, each person collecting any solid waste generated within the boundaries of the Town shall deliver all such waste to the Norfolk Sanitary Landfill unless otherwise directed by the First Selectman. At the time solid waste is deposited at the Norfolk Sanitary Landfill it shall become the property of the Town of Norfolk.
The Board of Selectmen is hereby empowered to adopt from time to time rules and regulations governing the preparation of categories of solid waste materials delivered to the sanitary landfill. Such rules and regulations may relate to the packaging and bundling of categories of solid waste or to the reduction of the solid waste to prescribed sizes.
No person may dispose of building demolition materials in excess of four cubic yards in a thirty-day period at the Norfolk Sanitary Landfill area without first obtaining a permit from the First Selectman and paying therefor a charge which shall be fixed from time to time by the Board of Selectmen, such charges to relate to the cost of the disposal material. Each such permit shall expire after 30 days.
The Board of Selectmen is hereby empowered to fix, from time to time, charges which shall be imposed for the disposal of categories of solid waste materials at the Norfolk Sanitary Landfill, such charges to relate to the subsequent disposal of the material by the Town.
A. 
Each person, business or institution that generates solid waste shall separate from other solid waste designated recyclable material as defined by the Recycling Coordinator.
[Amended 9-27-2005 STM]
(1) 
All persons, businesses or institutions who generate municipal solid waste within the Town of Norfolk are required to separate recyclable materials from solid waste. Solid waste placed for collection which contains recyclable materials shall neither be collected by a refuse or recycling collector, nor accepted for disposal at the landfill.
(2) 
For all premises receiving private refuse or recycling collection, recyclable materials shall be separated from refuse and placed for collection in separate containers.
(3) 
Apartment and condominium complexes as well as commercial, industrial and institutional establishments shall provide or require their refuse or recycling collector to provide for the separation of municipal solid waste and each recyclable material accumulated on the premises.
B. 
Each resident is required to deliver designated recyclable materials as defined by the Recycling Coordinator to the municipal dropoff center located at the Norfolk Sanitary Landfill, including but not limited to cardboard, glass food containers, leaves, metal food containers, newspapers, office paper, scrap metal, storage batteries, waste oil and high-density polyethylene.
C. 
Each business is required to contract a municipally registered hauler to collect said designated materials for recycling or is required to deliver designated materials as defined by the Recycling Coordinator to the municipal dropoff center.
(1) 
Private collection and disposal responsibility. It shall be the responsibility of the owners or operators of all commercial, industrial and institutional establishments and apartment and condominium complexes to provide, at their own expense, for the storage, collection and transportation of recyclables. Such operations shall be carried out in such a manner as to avoid the creation of a public nuisance.
(2) 
Properties not collected by contractors are responsible for compliance with the recycling provisions of C.G.S. § 22a-241(b). Compliance shall be monitored by all refuse or recycling collectors, and suspected violators shall be reported to the Recycling Coordinator.
[Amended 9-27-2005 STM]
(3) 
The quantities and destination of these designated recyclables (nonresidential) not delivered to a municipal-designated facility or dropoff center shall be reported to the Town on a monthly basis by the contractor or responsible parties.
(4) 
It shall be a violation of this chapter for any person other than a municipally registered hauler to collect, pick up or cause to be collected or picked up such materials from the curb or other designated point of collection or municipal dropoff center. Each unauthorized collection in violation hereof shall constitute a separate and distinct offense.
A. 
Recyclable materials. Each refuse or recycling collector must collect recyclable materials from each of its customers in the manner presented in this chapter. Each refuse or recycling collector shall deliver all residential refuse collected within the Town to such place or places as the Recycling Coordinator may from time to time designate. Refuse or recycling collectors shall report to the Town on a monthly basis the amounts and destination of nonresidential recyclables.
[Amended 9-27-2005 STM]
B. 
Enforcement. The refuse or recycling collector shall notify the municipality of generators who have discarded recyclables with solid waste and shall assist the municipality in identifying persons responsible, including issuing written warning notices to the violator, if requested by the municipality.
[Amended 9-27-2005 STM]
C. 
Construction and maintenance of vehicles. All vehicles registered to collect and transport refuse shall be maintained free of obnoxious odors and accumulated refuse. Any such vehicle shall be of closed construction.
D. 
List of rates. Refuse or recycling collectors shall furnish to their customers upon request a list of rates for the various services provided.
[Amended 9-27-2005 STM]
[Amended 9-27-2005 STM]
A. 
Any person, business or institution who violates or neglects to comply with any regulations promulgated pursuant hereto shall, upon conviction thereof, be punishable by a fine not to exceed $100; and the maximum fine for failure to comply with §§ 119-3, 119-4 and 119-5 hereof shall not exceed $100 for each violation.
B. 
Removal of accumulated waste. In addition to the foregoing penalty, the Town may require the owner or occupant of a premises to remove an accumulation of solid waste at said premises. Should said person fail to remove such solid waste after 10 days following written notice, the laws of Norfolk may cause the solid waste to be collected and disposed of with the costs of such actions to be charged to the owner or occupant of the property in a manner provided by law.
This chapter and regulations promulgated by the Board of Selectmen hereunder may be enforced by citations issued by the First Selectman or his designee, provided that the enforcing official issues a written warning providing notice of the specific violation before issuing any such citation.