[Amended 4-26-1999;8-12-2013; 9-11-2017]
The accumulation, collection, removal, processing and sale of
certain recyclable materials designated as such by the Connecticut
Commissioner of Energy and Environmental Protection shall be controlled
by this municipality for the protection of the public health, safety
and welfare. It is consequently found and declared that:
A.Â
The Town of Simsbury ("the Town") is authorized by law to regulate
the disposition of recyclable materials generated within its boundaries.
B.Â
The Town is also authorized by Connecticut General Statutes Section
22a-220a to designate the area where certain recyclable materials
generated from residential properties within its boundaries shall
be taken for processing and sale.
C.Â
The Town adopted an ordinance requiring all residential acceptable
recyclable materials generated within its boundaries to be processed
in accordance with that ordinance.
D.Â
The public health, safety and welfare of the Town will be best served
by requiring that:
(1)Â
Each person who generates solid waste from residential property within
the Town separate from other solid waste the items designated for
recycling by the Connecticut Commissioner of Environmental Protection
pursuant to Subsection (a) of Section 22a-24l b of the Connecticut
General Statutes; and
(2)Â
Every other person who generates solid waste within the Town make
provisions for the separation from other solid waste of the items
so designated for recycling.
The following terms shall have the following meanings:
As set forth in the Town-approved recycling program and as
designated by the Connecticut Commissioner of Energy and Environmental
Protection.
Any person who holds himself out to collect refuse or solid
waste from residential, commercial or other establishments and is
registered by the Town of Simsbury for this purpose.
The Director of Public Works of the Town.
Those items of solid waste designated from time to time 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 plastic food and beverage containers, glass food and beverage containers and metal food and beverage containers, and such items as are required to be recycled by the Regulations of Connecticut State Agencies. By regulation published in the Connecticut Law Journal on March 28, 1989, as Section 22a-241b-2 of the Regulations of Connecticut State Agencies, the Commissioner of Environmental Protection designated, as of that time, the following items required to be recycled:
The term "items designated for recycling" herein shall include,
without further action by the Town, 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-241b of the
General Statutes.
Any individual, partnership, firm, association, corporation
or other entity.
A residential property building or a part of such a building
designated for occupancy, and so occupied, by one or part of one family.
Real estate containing one or more dwelling units but shall
not include hospitals, motels or hotels.
Each person who generates solid waste from residential property
within the boundaries of the Town 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 property owner shall provide for curbside collection from
residential property of certain of the items designated for recycling
generated from residential property located within its boundaries
as follows:
A.Â
Recyclable items to be collected pursuant to this section shall be
placed in the recycling container as prescribed by the collector.
No nonrecyclable materials shall be placed in any recycling container.
B.Â
On the applicable scheduled collection day, owners or occupants of
residential dwelling units shall place their recycling containers
for collection at curbside in the manner designated by their collector.
C.Â
In lieu of the residential property owners engaging the services
of a curbside collector, they may also dispose of the above-listed
designated recyclables at the Simsbury Bulky Waste and Recycling Center.
To the extent that the collector does not provide for regular
collection of the following items for recycling, persons who generate
any such items designated for recycling from residential property
within the boundaries of this municipality may bring such items (leaves,
tires, office paper, scrap metal, electronics, storage batteries and
waste oil), separated from each other and from other solid waste,
to the Simsbury Bulky Waste and Recycling Center during its posted
hours of operation; provided, however, that any such person who brings
such items to the Recycling Center shall pay such applicable fee as
is set forth in this article.
A.Â
Pursuant to Section 22a-220a of the Connecticut General Statutes, the Board of Selectmen hereby designates the Simsbury Bulky Waste and Recycling Center as the place where items designated for recycling generated from residential property within its boundaries shall be taken by Town residents and/or entities located in Simsbury if not collected by a collector pursuant to § 133-18 below of this article.
B.Â
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:
A.Â
Collectors, as defined in this article, shall only operate in the Town under a registration for the collection of recyclables with the Town. Recycling collectors shall meet the same requirements as trash collectors as defined in § 133-4.
B.Â
All collectors operating within the boundaries of this municipality registered by the Town of Simsbury as set forth in Subsection A above shall:
(1)Â
Be prohibited from knowingly mixing other solid waste with items
designated for recycling.
(2)Â
Notify the Director of:
(3)Â
Upon the request of the Town, provide a warning notice, by such reasonable
means and within such reasonable time as directed by the Director,
to any person suspected by the collector or the Town of violating
the separation requirements with respect to items designated for recycling.
(4)Â
Upon the request of this municipality, assist this municipality in
identifying any person responsible for creating loads of solid waste
containing significant quantities of items designated for recycling
mixed with other solid waste.
C.Â
Items designated for recycling generated by nonresidential properties
are not required to be delivered by collectors to a materials recovery
facility but may be marketed or disposed of privately as long as the
recipient of the recyclables is a legal disposal facility.
D.Â
In compliance with Section 22a-208e of the Connecticut General Statutes,
owners or operators of resource recovery facilities and recycling
facilities must furnish the Town a copy of all information pertaining
to the municipality on a quarterly basis, including recycled quantities,
in an itemized breakdown form acceptable to the Director.
Any person delivering items of recyclable material to a materials recovery facility pursuant to § 133-18 of this article shall pay any disposal charge called for by the materials recovery facility.
Upon the placement of items designated for recycling generated
from residential property into a recycling container provided by the
collector, such items designated for recycling shall become the property
of the permitted hauler once collected from curbside 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
be also 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 recycling center any items designated for
recycling that have been delivered to the recycling center.
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 a materials recovery facility any
items designated for recycling mixed with other solid waste.
A.Â
The Center, located on property owned by the Town of Simsbury on
the easterly side of Wolcott Road, shall be designated as the "Town
of Simsbury Bulky Waste and Recycling Center," hereinafter referred
to as the "Center."
B.Â
The Center shall be used for the disposal of bulky wastes, grass
clippings, brush and tree trimmings, white goods, scrap metal and
scrap tires, designated recyclable materials and other items deemed
appropriate for disposal at the Center.
C.Â
Use of the Center shall be limited to:
(1)Â
Residents of the Town of Simsbury;
(2)Â
Business, commercial, industrial and institutional entities located
in the Town of Simsbury; and
(3)Â
Persons or entities engaged in the handling of disposal materials,
but only to the extent that the materials to be disposed of were generated
within the Town of Simsbury.
D.Â
The Department of Public Works or the contracted facility operator
under the authority of the Director is hereby empowered to issue user
permits in accordance with this article. No disposal of matter shall
be made at the Center unless the person or entity so disposing has
been issued a valid user permit.
E.Â
Each resident and owner or manager of business, commercial, industrial
or institutional entities and multifamily dwelling units located in
Simsbury shall be responsible for disposing in a legally permitted
manner any matter that cannot be disposed of at the center.
F.Â
The Town of Simsbury reserves the right to refuse access to the Center
to any resident, entity or commercial collector when it appears that
the proposed user is violating this article.
A.Â
Acceptable materials.
(1)Â
The following recyclables and items designated for recycling, as outlined in § 133-14, separated according to item, may be brought to the Center located on Wolcott Road in Simsbury, in quantities not greater than normally generated by family households:
(2)Â
Quantities generated by commercial entities greater than those normally
generated by family households will not be accepted. This service
is intended to serve the residential and small-office generator.
B.Â
Oversized bulky waste accepted shall be items such as demolition
materials, yard waste, grass, wood, masonry, rock, furniture and carpets.
No tree stumps, mixed solid waste, paint cans or hazardous waste shall
be permitted.
C.Â
Small items that fit in a trash barrel, as well as paper and cardboard
boxes that are wet or contaminated, shall not be accepted. They should
be disposed of with garbage.
D.Â
Plastic bags shall be emptied at proper disposal areas based on contents
and empty bags returned to the resident to be disposed of with garbage.
No plastic bags containing anything being disposed of may be left
at the Center.
E.Â
Paint shall be disposed of at the facility in accordance with the
Connecticut Paint Stewardship Plan as administered by CT DEEP.
F.Â
A compost area is established at the Center for dropoff of leaves
by individual residents. Once each fall, the Town of Simsbury shall
collect curbside leaves in accordance with requirements and a schedule
established by the Department of Public Works.
A.Â
The Center shall be open at reasonable times convenient for residents.
The Director of Public Works and the contracted facility operator
will post annual operating hours.
B.Â
Personal vehicles registered to a resident of the Town of Simsbury
shall require permits for use of the Center. Permits may be obtained
at the facility during normal business hours upon proper proof of
residency and presentation of vehicle registration.
C.Â
Each permittee shall display its vehicle permit decal on the driver's
side of its windshield or window.
D.Â
Upon entering the Center, each permittee shall stop at the attendant's
booth for inspection and instructions prior to depositing any items
or materials at the Center and make payment of any fees that may be
due.
E.Â
Any vehicle seeking access to the Center shall have its contents
secured in such a manner as to ensure that no materials shall blow
from or fall off the vehicle while it is transporting items to the
Center.
F.Â
Disposal of trash and recyclables other than by the approved methods may be subject to a penalty as defined in § 133-26.
G.Â
The only activity that shall be conducted within the Center is the
disposal of matter identified in this article, as the same may be
amended from time to time, or the conduct of official business by
or with Center personnel. No person shall enter or remain on the premises
of the Center for the purposes of conducting, or shall conduct, any
other activity upon the premises of the Center, except that all persons
may enter upon the premises of the Center for petitioning and free
speech or other activities within the area designated by the Board
of Selectmen at its meeting of May 18, 1992.
Fees shall be charged for vehicle classes and materials to be
disposed of, as may be established from time to time by the Board
of Selectmen.
A.Â
Pursuant to Connecticut General Statutes Section 22a-22Oa(f), any collector who knowingly mixes other solid waste with items designated for recycling in violation of § 133-12 of this article shall, for a first violation, be liable for a civil penalty of $1,000 and $5,000 for a subsequent violation.
B.Â
Pursuant to Section 2 of Connecticut Public Act No. 90-249, any commercial establishment that fails to make provision for the separation from other solid waste of the items designated for recycling in violation of § 133-13 of this article shall be liable for a civil penalty of $500 for each violation.
C.Â
Any collector or commercial establishment that otherwise violates
this article and any other person who violates this article shall
be liable for a penalty of $100 for each violation.
D.Â
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.
