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.
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.
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.
For the purpose of this article, the following
definitions shall apply:
COLLECTOR
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.
HAZARDOUS WASTE
A.
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:
(1)
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.).
(2)
Hazardous waste identified by regulation by
the Department of Environmental Protection.
(3)
Polychlorinated biphenyl in concentrations greater
than 50 parts per million.
B.
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.
RECYCLABLES
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":
A.
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.
B.
LEAVES AND YARD WASTESIncludes but is not limited to grass clippings, yard wastes and other vegetative matter, excluding grass clippings, brush and branches.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
WHITE GOODSStoves, freezers, refrigerators, dishwashers, air conditioners, washing machines, televisions and other household appliances or fixtures.
J.
BRUSH AND LOGSCut or broken branches or tree trunks containing no metal objects.
SOLID WASTE
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.
SOLID WASTE AND RECYCLABLES COLLECTOR
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.
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.
Each collector of solid waste within the Town
shall make reports and comply with Public Act 90-220 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.