[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. 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 Connecticut General Statutes Section 22a-220a to designate the area where refuse generated within its boundaries shall be disposed; and
This municipality has executed the municipal service agreement requiring it to cause all acceptable solid waste generated within its boundaries to be delivered to the Bridgeport Resource Recovery System; and
The public health, safety and welfare of this municipality will be best served by requiring the delivery of acceptable solid waste to a transfer station for processing by the Bridgeport Resource Recovery System into products which have an economic value; and
The enactment of this article is in furtherance of this municipality's approved regional Solid Waste Management Plan.
The following terms shall have the following meanings:
- ACCEPTABLE SOLID WASTE
- Unwanted or discarded materials of the kind normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection, and commercial, governmental and light industrial waste which a municipality is required by state law to make provision for the safe and sanitary disposal of, but not including in any case special handling waste or oversized bulky waste.
- BRIDGEPORT RESOURCE RECOVERY SYSTEM
- The solid waste disposal and energy recovery and steam and electric facility ("facility") designed, constructed, operated, and maintained by an affiliate of Signal Resco, Inc. ("Resco") pursuant to an agreement with the Connecticut Resources Recovery Authority ("CRRA") located in Bridgeport; the transfer stations approved for transfer of solid waste to the Bridgeport Resource Recovery System; and the CRRA landfills provided by or designated by the CRRA.
- Any person who holds himself out for hire to collect refuse from residential, business, commercial or other establishments.
- DISPOSAL CHARGE
- That amount of money to be charged for solid waste or refuse disposal in accordance with this article and the regulations promulgated thereunder.
- HAZARDOUS WASTE
- Pathological, biological, cesspool or other human wastes, human and animal remains, radioactive, toxic, and other hazardous wastes which according to federal, state, or local rules or regulations from time to time in effect require special handling in their collection, treatment or disposal, including those regulated under 42 U.S.C. §§ 6921-6925 and regulations thereunder adopted by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901, such as cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, fine powdery earth used to filter cleaning fluid and refuse of similar nature.
- MUNICIPAL SERVICE AGREEMENT
- The Municipal Solid Waste Management Services Agreement between the CRRA and this municipality dated as of April 29, 1987.
- OVERSIZED BULKY WASTE or OBW
- White goods and other unwanted or discarded materials which:
- A. Are the kinds normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection;
- B. In the judgment of Resco, reasonably exercised, cannot be processed in the facility because of size or noncombustibility;
- D. May be disposed of in a bulky waste landfill holding a permit issued by the Connecticut Department of Environmental Protection under Section 19-524-8 of its regulations or any successor provision; and
- E. Are not too large to be deposited and stored at the Orange Transfer Station, or transported to a landfill, in the manner contemplated in regulations as may be adopted by this municipality concerning the operation of the Orange Transfer Station.
- A. Hazardous waste;
- B. Dirt, concrete and other nonburnable construction material and demolition debris;
- C. Large items of machinery and equipment, such as motor vehicles and major components thereof (transmissions, rear ends, springs, fenders), agricultural equipment, trailers and marine vessels, and other items of waste exceeding six feet in any one of its dimensions or being in whole or in part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion, including, in the context of deliveries to the facility, OBW;
- D. Explosives, ordinance materials, oil, sludges, highly inflammable substances, hazardous chemicals, tires and other materials the acceptance of which, in the judgment of Resco, reasonably exercised, is likely to cause damage to or adversely affect the operation of the facility or in the judgment of the Director of Public Works of this municipality, reasonably exercised, is likely to cause damage to or adversely affect the operation of the Orange Transfer Station or vehicles transporting such materials from the Orange Transfer Station to the facility, constitute a threat to health or safety, or violate or cause the violation of any applicable federal, state or local law, regulation, or judicial or administrative decision or order.
Pursuant to Connecticut General Statutes § 22a-220a, the Board of Selectmen hereby designates the Bridgeport Resource Recovery System as the area where acceptable solid waste generated within the boundaries of Orange by residential, business, commercial or other establishments shall ultimately be disposed. On and after July 1, 1988, each person collecting any acceptable solid waste generated within the boundaries of this municipality shall deliver all such waste to the Orange Transfer Station located at South Orange Center Road at the rear of 440 Boston Post Road, unless the transfer station is incapable of accepting acceptable solid waste at the time of delivery, in which event such solid waste shall be delivered to the portion of the Bridgeport Resource Recovery System designated by the Orange Director of Public Works.
The Orange Board of Selectmen shall implement, and revise from time to time as it finds necessary, regulations to administer the system of storage, collection and disposal of solid waste and refuse and to carry out the terms of this article. Any person delivering solid waste or refuse shall pay any disposal charge called for by said regulations.
Pursuant to Connecticut General Statutes § 22a-220a(f), any collector who dumps more than one cubic foot in volume of refuse at one time in an area not designated for such disposal by this article shall for a first violation be liable for a civil penalty of $1,000 for each violation and $5,000 for a subsequent violation.
Any collector who otherwise violates this article or the regulations promulgated thereunder, and any other person or entity who violates this article or the regulations promulgated thereunder, shall be liable for a penalty of $100 for each violation.
The imposition of the monetary penalties set forth herein shall not preclude the town from seeking any other remedy, including but not limited to money damages and injunctive relief, as may be allowed by law.
[Adopted 11-20-1990; amended in its entirety 2-10-2016]
This ordinance is adopted pursuant to Connecticut General Statutes §§ 22a-220, 22a-220a, 22a-220c, 22a-241b and 22a-631.
The accumulation, collection, removal and processing and sale of certain recyclable materials designated as such by the Connecticut Commissioner of Energy and Environmental Protection 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 recyclable materials generated within its boundaries; and
This municipality is authorized by Connecticut General Statutes § 22a-220a to designate the area where certain recyclable materials generated from residential properties within its boundaries shall be taken for processing and sale; and
This municipality has executed the Inter-Community Agreement requiring it to cause all residential acceptable recyclable materials generated within its boundaries to be processed in accordance with that Agreement; and
The public health, safety and welfare of this municipality will be best served by requiring:
That each person who generates solid waste from residential property within this municipality separate from other solid waste the items designated for recycling by the Connecticut Commissioner of Energy and Environmental Protection pursuant to Subsection (a) of Section 22a-241b of the Connecticut General Statutes; and
That every other person who generates solid waste within this municipality make provisions for the separation from other solid waste of the items so designated for recycling; and
The enactment of this article is in furtherance of this municipality's approved regional Solid Waste Management Plan; and
The enactment of this article is in furtherance of this municipality's obligations pursuant to the Inter-Community Agreement.
The following terms shall have the following meanings:
- A lightweight paperboard made from a variety of recovered fibers having sufficient folding properties and thickness to be used to manufacture folding or set-up boxes, such as cereal boxes and shoe boxes. As used in this section, "boxboard" does not include paperboard that has been treated with a wax or laminate coating nor any removable plastic liners.
- Corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
- Any person who holds himself out to collect refuse or solid waste from residential, commercial or other establishments.
- COLORED LEDGER PAPER
- Uncoated, printed or unprinted colored groundwood-free ledger, bond, writing, and other paper which has similar fiber and filler content.
- COVERED ELECTRONIC DEVICES (CED)
- Desktop or personal computers, computer monitors, portable computers, Cathode Ray Tube (CRT)-based televisions and non-CRT-based televisions or any other similar or peripheral electronic device specified in Connecticut General Statutes § 22a-629(5) or as specified in regulations adopted pursuant to Section 22a-638, sold to consumers, but does not include:
- A. An electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchise dealer, including replacement parts for use in a motor vehicle;
- B. An electronic device that is functionally or physically a part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, including diagnostic, monitoring or control equipment;
- C. An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier;
- D. Telephones of any type unless they contain a video display area greater than four inches measured diagonally; or
- E. Any handheld device used to access commercial mobile radio service, as such service is defined in 47 CFR 20.
- GLASS FOOD CONTAINER
- A glass bottle or jar of any size or shape used to package food products suitable for human or animal consumption.
- ITEMS DESIGNATED FOR RECYCLING
- A. Items as defined by Connecticut General Statutes § 22a-207(27) and/or designated for recycling by the Commissioner of Energy and Environmental Protection in regulations adopted pursuant to Subsection (a) of Section 22a-241b, or designated for recycling pursuant to Section 22a-208v or 22a-256; and
- B. Plastic food and beverage containers, glass beverage containers, and metal beverage containers. By regulation published in the Connecticut Law Journal on March 28, 1989, as Section 22a-24lb-2 of the Regulations of Connecticut State Agencies, the Commissioner of Energy and Environmental Protection designated, as of that time, the following items required to be recycled:
- (1) Boxboard;
- (2) Cardboard;
- (3) Colored ledger paper;
- (4) Glass food containers;
- (5) High density polyethylene containers or HDPE #2 containers;
- (6) Leaves;
- (7) Magazines;
- (8) Metal food containers;
- (9) Newspaper;
- (10) Office paper;
- (11) Plastic containers;
- (12) Polyethylene terephthalate containers, PET #1 containers or PETE containers;
- (13) Residential high-grade white paper;
- (14) Scrap metal;
- (15) Storage batteries; and
- (16) Waste oil.
- C. The term "items designated for recycling" herein shall include, without further action by this municipality, any and all legally adopted additions made by the Commissioner of Environmental Protection to any designation of items for recycling made pursuant to said Section 22a-24lb-2 of the Connecticut Department of Energy and Environmental Protection's Designated Recycling Regulation and items designated pursuant to Section 22a-631.
- OFFICE PAPER
- Used or discarded high-grade white paper and manila paper, including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photocopying, which is suitable for recycling and which has a minimum of contamination.
- Any individual, partnership, firm, association, corporation or other entity.
- PLASTIC CONTAINER
- Any plastic packaging having a relatively inflexible finite shape or form, with a maximum capacity of three fluid gallons or its equivalent volume, that is capable of maintaining its shape while holding other products, including, but limited to, bottles, cartons and other receptacles.
- POLYETHYLENE TEREPHTHALATE CONTAINER, PET CONTAINER, or PETE CONTAINER
- A plastic container that, exclusive of closure or label, is composed of polyethylene terephthalate, a saturated thermoplastic polyester resin, and has an ASTM Resin Identification Number of 1 as defined in ASTM D7611 Standard Practice for Coding Plastic Manufactured Articles for Resin Identification. As used in this section, "polyethylene terephthalate container" does not include containers which held motor oil, pesticides, herbicides or other hazardous substances.
- RESIDENTIAL HIGH-GRADE WHITE PAPER
- Uncoated, printed or unprinted white groundwood-free ledger, bond, writing, and other paper that has similar fiber and filler content generated in a household setting.
- RESIDENTIAL PROPERTY
- Real estate containing one or more dwelling units but shall not include hospitals, motels or hotels.
- SCRAP METAL
- 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 and metal food containers.
- SINGLE STREAM RECYCLING
- Also known as "fully commingled recycling." Refers to a collection system that mixes all recyclable paper fibers and containers together in a bin at the curb and in the collection truck.
- STORAGE BATTERIES
- Lead acid batteries or other batteries used in motor vehicles, such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
- TRANSFER STATION
- The Orange Transfer Station located at South Orange Center Road at the Rear of 440 Boston Post Road.
- WASTE OIL
- Crankcase oil that has been utilized in internal combustion engines.
Each person who generates solid waste from residential property within the boundaries of this municipality shall separate from other solid waste the items designated for recycling, and every other person who generates solid waste within the boundaries of this municipality shall make provision for the separation from other solid waste of the items designated for recycling.
The municipality shall provide one recycling container, free of charge, to each residential property dwelling unit that has frontage on a public road. The container shall remain the property of the municipality and remain the property of the municipality and remain with the dwelling unit through changes in occupancy due to transfer from sale or rental.
Residents may purchase an additional or replacement recycling container from the municipality at a cost established by the Board of Selectmen.
Residents shall use only the recycling containers for the purpose of placing the recyclables for collection and they shall not be used for any other purpose. All items designated for recycling generated from residential property located within its boundaries shall be collected by the municipality.
The recycling container shall be placed for collection purposes at the street line in a front facing position. The recycling container shall be placed at the street line not earlier than 12 hours before the scheduled time for collection on the scheduled collection days and shall be removed from the street line within 12 hours after the materials therein have been collected. The recycling containers shall be so placed in such a manner that they do not constitute a travel or health hazard.
Only recyclables generated from residential sources, with the exception of leaves, waste oil, covered electronic devices and scrap metal, shall be placed for residential collection. The collector shall deliver all recyclables from residential properties to such locations as shall be designated by the Orange Board of Selectmen from time to time.
The municipality shall not provide recycling collection to dwelling units located on private roads or rights-of-way, including, but not limited to, condominiums.
Pursuant to Section 22a-220a of the Connecticut General Statutes, the Board of Selectmen hereby designates the Orange Transfer Station as the place where items designated for recycling generated from residential property within its boundaries shall be taken if not collected by the municipality pursuant to § 331-10 of this article above.
Notwithstanding any other provisions of this article to the contrary, nothing contained in this article shall be deemed to prohibit any person from giving or selling items designated for recycling (including, without limitation, deposit beverage containers) generated by them directly to another person for lawful sale or processing of recyclables, whether for profit, not for profit, or charitable purposes, provided that any such items designated for recycling shall not have previously been:
The Orange Board of Selectmen shall implement, and revise from time to time as it finds necessary, regulations to administer the system of separation and provisions for separation of recyclable materials from other solid waste, the collection of such recyclable materials, and to carry out the terms of this article. Any person delivering items of recyclable material to the transfer station pursuant to § 331-12 of this article shall pay any disposal charge called for by said regulations.
Upon the placement of items designated for recycling generated from residential property into a recycling container provided by this municipality, such items designated for recycling shall become the property of the municipality, and it shall be prohibited for any person, other than the person who placed such items in the container and authorized agents of the municipality acting in the course of their employment, to collect, pick up, or remove from the containers, or cause to be collected, picked up or removed from the containers, any such items designated for recycling. It shall also be prohibited for any person other than authorized agents of this municipality, acting in the course of their employment, to collect, pick up or remove from the transfer station any items designated for recycling that have been delivered to the transfer station.
It shall be prohibited for any collector knowingly to mix any items designated for recycling with other solid waste generated within the boundaries of this municipality. It shall be prohibited for any collector knowingly to deliver to the transfer station any items designated for recycling mixed with other solid waste.
Pursuant to Connecticut General Statutes § 22a-220a(f), any collector who knowingly mixes other solid waste with items designated for recycling in violation of § 331-15 of this article shall for a first violation be liable for a civil penalty of $1,000 and $5,000 for a subsequent violation.
Pursuant to Connecticut General Statutes § 22a-220a(f), any commercial establishment that fails to make provision for the separation from other solid waste of the items designated for recycling in violation of § 331-9 of this article shall be liable for a civil penalty of $500 for each violation.
Any collector or commercial establishment that otherwise violates this article or the regulations promulgated hereunder, and any other person who violates this article or the regulations promulgated hereunder, shall be liable for a penalty of $100 for each violation.
The imposition of the monetary penalties set forth herein shall not preclude the municipality from seeking any other remedy, including but not limited to money damages and injunctive relief, as may be allowed by law.