[HISTORY: Adopted 8-16-1999 by the Board of Selectmen of
the Town of Somers, effective 9-15-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 130.
[1]
Editor's Note: This ordinance superseded former Ch. 166, Solid Waste, comprised of Art. I, Refuse Area; Transfer and Recycling Center, adopted 1-29-1973 by the Special Town Meeting, effective 2-20-1973, as amended, and Art. II, Recycling, adopted 3-11-1991 by the Board of Selectmen, effective 4-14-1991.
The area hitherto established as a Town dump
and Town refuse area or any other area hereafter so established shall
be considered as the Somers Transfer and Recycling Center as the phrase
is used in this article.
All persons, firms or corporations, and their
agents, whose residences or places of doing business are within the
geographic limits of the Town shall be privileged to use the facilities
of the Somers Transfer and Recycling Center for the depositing or
dumping of empty cans or bottles, glass, wooden or paper boxes, crates,
stone, ashes, brick, tires and the like, originating in the Town,
except that no junk cars or major portions thereof shall be deposited
or dumped. No person, firm or corporation, other than those above
designated, shall enter into or upon the Somers Transfer and Recycling
Center or use the Transfer and Recycling Center for any purpose whatsoever,
and no refuse except refuse originating in the Town shall be placed
in the Transfer and Recycling Center.
A.
All persons, firms and corporations, or their agents,
having the right to use the facilities of the Transfer and Recycling
Center as in this article provided shall abide by and conform to all
the regulations herein provided and/or with all instructions or orders
of the person or persons authorized by the Board of Selectmen of the
Town of Somers to supervise dumping operations within said Transfer
and Recycling Center and with all signs and notices posted at the
Transfer and Recycling Center by order of the Board of Selectmen.
B.
No person, firm or corporation, or his or its agents,
shall be permitted to enter upon or use the Transfer and Recycling
Center for dumping or refuse disposal operations except during the
hours specified by notice posted at the gate at the entrance to said
Transfer and Recycling Center.
No person, firm or corporation, or his or its
agents, shall, except by permission of the Board of Selectmen, remove
any article or object which has been deposited or dumped and left
at the Transfer and Recycling Center except those items left in designated
areas.
Any person, firm or corporation violating any
provision of this article shall be fined not less than $25 nor more
than $1,000 for each offense.
This article may be amended by the Board of
Selectmen, subject to Town Meeting approval.
A.
The growing shortage of acceptable solid waste landfill
sites and the conservation of recyclable material is an important
public concern.
B.
The recycling of solid waste materials will provide
a coordinated solid waste management program which will allow for
maximum efficient use of the Transfer and Recycling Center located
within the Town of Somers.
C.
The promotion of the public good is best served by
establishing rules and regulations for the separation, recovery, collection,
storing and disposal of recyclable material.
On and after the effective date of this article,
it shall be mandatory for each occupier of land in the Town of Somers
to separate all designated recyclable materials from other solid waste
in accordance with the provisions of this article, as well as any
regulations drafted pursuant to this article or any order of the Board
of Selectmen or its designated agent.
A.
Each person, business, institution or other establishment
generating solid waste within the Town shall separate from other solid
waste, for the purpose of recycling, all items designated for recycling.
Solid waste which contains recyclable materials shall neither be collected
by solid waste collectors nor accepted for disposal at any solid waste
disposal facility in the Town.
B.
Deliveries of solid waste for disposal at the Transfer
and Recycling Center or other designated Town solid waste disposal
facility which contain significant amounts of designated recyclables
shall be refused disposal privileges at that disposal facility and
shall be redirected, with the individual, representative or agent
charged with disposal assuming complete responsibility for proper
disposal of the materials, including any expense for separation of
designated recyclables other than at the source.
C.
Materials designated as recyclables for this program
shall consist of the following:
(1)
Newspaper.
(2)
Glass food containers.
(3)
Metal food containers.
(4)
Cardboard.
(5)
Scrap metal.
(6)
Car batteries (storage battery).
(7)
Waste motor oil.
(8)
Leaves.
(9)
Office paper (commercial and institutional establishments).
(10)
Brush and logs.
(11)
Other recyclable materials as designated by the Town
of Somers 30 days after designation and publication of notice in a
newspaper of general circulation in the area.
(12)
Other recyclable materials as now or shall be mandated
to be separated and collected apart from solid and liquid wastes by
the Connecticut General Statutes or regulations of the State of Connecticut.
For the purpose of this article, the following
definitions shall apply:
Any person, firm, corporation or association who or which
holds himself or itself out for hire to collect or haul solid waste
from residential, business, commercial or other establishments.
Any property used for trade, business or industrial purposes,
including business condominiums.
Any waste material, except by-product material,
source material or special nuclear material, as defined in Section
22a-151 of the Connecticut General Statutes, which may pose a present
or potential hazard to human health or the environment when improperly
disposed of, treated, stored, transported or otherwise managed, including:
Hazardous waste identified in accordance with
Section 3001 of the Federal Resource Conservation and Recovery Act
of 1976 (42 U.S.C. § 6901 et seq.).
Hazardous waste identified by regulation by
the Department of Environmental Protection.
Polychlorinated biphenyl in concentrations greater
than 50 parts per million.
Hazardous waste includes but is not limited
to dangerous or environmentally unsafe materials or substances, such
as cleaning fluids, crankcase oil, oil-base paints, liquid plastics,
explosives, acids, caustics, poisons, drugs, radioactive materials,
fine powdery earth used to filter cleaning fluids and infected materials.
Any discarded solid and liquid waste material which is designated
by the Town of Somers to be recyclable as defined herein or such recyclables
which by the Connecticut General Statutes or regulations of the State
of Connecticut are mandated to be separated and collected apart from
other solid and liquid wastes. For purposes of this article, the materials
listed below are designated as "recyclables":
NEWSPAPERUsed or discarded newsprint which has a minimum of contamination by food and other materials. Newspapers and newspaper advertisements, supplements, comics and enclosures are included along with magazines such as Time or Sports Illustrated.
LEAVES AND YARD WASTESIncludes but is not limited to grass clippings, yard wastes and other vegetative matter, excluding grass clippings, brush and branches.
CARDBOARDCorrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material. Waxed or plastic-coated cardboard is excluded.
GLASS AND FOOD CONTAINERSA glass bottle or jar of any size or shape used to package food products suitable for human or animal consumption or household cleaning products which are rinsed clean, without tops, covers, corks or food remains.
METAL FOOD CONTAINERSAny 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 which are rinsed clean.
SCRAP METALUsed or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, aluminum, tin, nickel or alloys thereof, including but not limited to white goods.
STORAGE BATTERIESLead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications. NiCad batteries are excluded.
WASTE OILCrankcase oil that has been utilized in internal combustion engines and which is to be stored in clean, leakproof plastic containers with covers or tops and is uncontaminated by other material.
WHITE GOODSStoves, freezers, refrigerators, dishwashers, air conditioners, washing machines, televisions and other household appliances or fixtures.
BRUSH AND LOGSCut or broken branches or tree trunks containing no metal objects.
Unwanted or discarded materials, more completely defined
in Section 22a-260(7) of the Connecticut General Statutes, but excluding
hazardous waste and semisolid or liquid material which is collected
and treated in a sewerage system.
Any person, firm or corporation offering or providing the
removal, transportation, collection, storage or disposal of solid
waste and recyclables as a service to others.
The Board of Selectmen of the Town of Somers
is hereby authorized to enact from time to time such reasonable rules
and regulations as it shall deem in the public interest regarding
the separation, recovery, collection, removal, storage and disposal
of recyclables, municipal solid waste, bulky waste, brush and logs.
These rules and regulations may include the manner, days and times
and establish and revise a schedule of fees for the collection, sorting,
transportation, sale and/or marketing of recyclable material in order
to encourage the recovery of material resources while minimizing the
cost of the recycling program. Said rules and regulations shall be
as mandatory as if set forth in this article, and violation of said
rules and regulations shall be deemed a violation of this article.
These rules and regulations shall become effective 30 days after publication
in a daily newspaper having general circulation in the Town of Somers
and shall be immediately posted in a conspicuous place in the Town
Hall.
A.
Residential. Each resident is required to collect
or arrange to have collected, for recycling purposes, designated recyclable
materials by methods which include but are not limited to the following:
(1)
Self-haul. The Town shall maintain a Transfer and
Recycling center for all designated recyclables, municipal solid waste,
bulky waste, brush and logs for the use of residents within the Town.
The Town shall operate and maintain the Transfer and Recycling Center
so as to provide an opportunity for any Town resident to recycle designated
recyclables.
(2)
Private hauler. Residents may utilize private collection
firms for the collection and recovery of designated recyclables. For
any designated recyclables not collected by private haulers, residents
shall be responsible for delivery of materials to the Transfer and
Recycling Center or other suitable recycling facility.
(3)
Multifamily housing. Owners of multifamily housing
units shall be responsible for establishing source separation methods
whereby residents are enabled to comply with mandatory provisions
for source separation. Said owners may be required to submit for Board
of Selectmen approval a plan indicating the type, location, number
and method of containers for each recyclable. The Selectmen may provide
that failure to have an approved plan shall be deemed a violation
of this article.
B.
Commercial and institutional. Each business, commercial
establishment, institution or other nonresidential establishment in
the Town shall arrange to have designated recyclable materials collected
and recycled or to separate and collect recyclables directly and assure
that materials are recycled. Owners of such establishments shall be
responsible for compliance with mandatory provisions for source separation
and for collection of materials.
No person, firm or corporation shall engage
in the business of separation, recovery, collection, removal, storage
or disposal of solid waste within the Town of Somers, except as specifically
authorized by the Board of Selectmen. This restriction shall also
include any independent citizen, resident, taxpayer or person who
might engage in such practice for personal gain. Each unauthorized
collection shall be considered a separate and distinct offense punishable
as hereinafter provided.
A.
It shall be unlawful for any person, firm or corporation
to act as a solid waste or recyclable collector within the Town of
Somers without first having obtained a permit as hereinafter provided
for each vehicle to be used within the Town for the removal, transportation
or collection of solid waste.
B.
The Selectmen shall enact regulations establishing
a permit application procedure which shall provide for the payment
of a fee for each permit and shall establish a procedure for the revocation
and suspension of permits.
Each collector of solid waste within the Town
shall make reports and comply with Public Act 90-220[1] as stated therein. Such reports shall be to the First
Selectman and shall notify him of those persons, firms or corporations
that have discarded recyclable material commingled with other solid
waste in addition to such other matters as are required by said Public
Act to be reported.
[1]
Editor's Note: See Sections 22a-220, 22a-220a
and 22a-220c of the Connecticut General Statutes.
A.
Residential.
(1)
The Town shall have the option to maintain control
of recycled materials collected from all residential establishments
located within the Town, whether collected by the Town at the Transfer
and Recycling Center or whether collected by a person, agent, firm
or company under permit with the Town.
(2)
The Town may, by exercising its option to maintain
control of recycled materials collected from all residential establishments
located within the Town, delegate responsibility for disposition of
collected recyclables to any private firm or agent under this article
or a regulation promulgated hereunder.
B.
Commercial and institutional. Except as otherwise
approved by the Board of Selectmen, private firms providing recycling
collection for nonresidential locations within the Town shall not
bring collected recyclables to the Transfer and Recycling Center but
shall deliver the materials, or arrange to have the materials delivered,
to a location for recovery.
A.
The Board of Selectmen may enact regulations to aid
and ensure the enforcement of this article. These regulations may
include provisions whereby Town employees and/or their representatives
are authorized to deny use of the Transfer and Recycling Center to
residents for disposal if loads of solid waste include significant
quantities of recyclables.
B.
These regulations may also include provisions for
the detection of noncompliance by residents who have contracted for
solid waste collection with private collectors and by commercial/institutional
collections. Regulations imposing fines for such noncompliance are
hereby specifically authorized.
A.
It shall be unlawful to combine recyclable material
or hazardous wastes with solid waste. Solid waste which has recyclable
material commingled with it shall not be collected, and recyclable
material that has solid waste commingled with it shall not be collected.
B.
It shall be the responsibility of the resident to
properly segregate the uncollected waste and either store or dispose
of it.
C.
Allowing solid waste to accumulate shall subject a
resident to a citation for violation of the Town Sanitary Code.
D.
Failure to recycle is a violation of this article.
E.
No person or corporation shall separate, recover,
collect, remove, store or dispose of recyclable material within the
Town of Somers, except as specifically authorized by the Town of Somers
or the provisions of this article.
F.
No person, partnership, firm or corporation other
than the authorized agents of the Town or employees of the Town acting
in the course of their employment shall collect or pick up or cause
to be collected or picked up such recyclable material. Each and every
such collection or pickup in violation of this subsection shall constitute
a separate and distinct offense.
G.
No such hauler or collector shall knowingly mix recyclable
material with other solid waste.
H.
Any waste hauler or collector who violates this article
shall be subject to the penalties provided herein as well as those
penalties provided by the Connecticut General Statutes.
I.
Any person, firm or corporation found guilty of a
violation of any provision of this article or any of the rules and
regulations promulgated pursuant hereto shall be guilty of an infraction
and shall be fined a sum not less than $25 nor more than $1,000. This
article and the regulations pursuant thereto may be enforced by police
officers assigned to Somers or other Town officials who may be authorized
to issue citations.
J.
In addition to any other penalty provided herein,
occupants of business and industrial property that is considered a
commercial establishment under the provisions of Public Acts 90-249
and 90-220[1] shall, for violation of this article, be subject to a
penalty not to exceed $1,000 for each violation as provided in said
Public Acts.
[1]
Editor's Note: See Section 22a-241i of the
Connecticut General Statutes.
