[HISTORY: Adopted by the Town Council of the Town of Wallingford 1-23-2007 by Ord. No. 544. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 79.
Littering — See Ch. 139.
Property maintenance — See Ch. 156.
Editor's Note: This ordinance also repealed former Ch. 190, Solid Waste, which was comprised of Art. I, Provisions for Disposal, adopted 3-23-2004 by Ord. No. 516.
Pursuant to the authority of § 22a-220 of the General Statutes, the Town of Wallingford, through the adoption of this chapter, hereby makes provision for the safe and sanitary disposal of all solid wastes which are generated within its boundaries.
As used in this chapter, the following terms shall have the meanings indicated:
- APPROVED PRIVATE CONTAINER
- A watertight, vermin-proof metal or plastic receptacle, with a tight-fitting lid, of not over thirty-gallon capacity, except that commercial collectors may provide for a larger covered container designed to be emptied into a refuse truck. "Approved private container" also means a watertight, plastic bag of not over thirty-gallon capacity which is tied off and a paper bag used for the disposal of leaves.
- BULK CONTAINER
- Any metal, or other structurally sound material, garbage, rubbish and/or refuse container which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.
- Any person who holds himself out for hire to collect solid waste from residential, commercial, industrial or other establishments. "Person" includes firms, partnerships, associations and corporations.
- The Connecticut Resources Recovery Authority established pursuant to § 22a-261 of the General Statutes.
- The Director of the Department of Public Works.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- RECYCLABLE MATERIALS
- Any solid waste items designated by the Department of Environmental Protection that are required to be recycled pursuant to § 22a-241b of the General Statutes.
- Putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, yard clippings, leaves, abandoned automobiles, shopping carts, solid market (waste resulting from handling, storing and selling of food) and industrial wastes, but shall not include properly maintained compost.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, wood, glass, bedding, crockery and similar materials, but shall not include properly maintained compost.
- SOLID WASTE
- Unwanted or discarded solid, liquid, semisolid or contained gaseous material as more specifically illustrated in § 22a-207(3) of the Connecticut General Statutes.
All refuse shall be stored in the rear of premises or other suitable location approved by the Director and shall be kept in approved private containers or bulk containers sufficient for receiving and holding such refuse during the intervals between collections.
Refuse containers shall be maintained in a clean and sanitary condition; shall be watertight, rodent-proof, insect-proof, structurally strong and sound; and shall not allow leakage of their contents.
Garbage shall not be stored by any person for more than seven days. All other refuse shall not be stored for more than 30 days.
Any uncontainerized accumulation of refuse for any length of time and/or any containerized accumulation of refuse for more than the time limited by this section is hereby declared a nuisance and is prohibited. Failure to remove any such accumulation of refuse shall be deemed a violation of this chapter.
Every person residing or having a place of business in the Town of Wallingford shall be responsible for the removal of his refuse to a lawful place either by himself or by a lawful collector.
Refuse shall be disposed of at regular and frequent intervals, but no less frequently than within the time periods prescribed by § 190-3C of this chapter.
Any person in the business of collecting, hauling and transporting garbage, refuse, rubbish or recyclable solid waste within the Town of Wallingford shall register with the Director and permit each vehicle used for such purpose.
Collection permits shall be valid for one calendar year from June 30 and shall expire on June 29 of the year following.
All permits shall be issued by mail, and the information required by the Director for the issuance of permits is as follows:
The required permit fee shall be published in a fee schedule set by resolution of the Town Council. No proration of the permit fee shall be allowed for late registration.
All vehicles permitted to collect and transport refuse shall be maintained in good and sanitary condition and shall be constructed and/or equipped so as to prevent the loss of refuse, including liquid waste, when in use; provided, however, that when any such vehicles are being used solely to collect and transport rubbish, they shall not be required to be constructed and/or equipped to prevent the escape of liquid waste.
In conformance with § 22a-241b and 22a-220(f) of the General Statutes, each person who generates solid waste within the boundaries of the Town of Wallingford shall separate recyclable materials from other solid waste.
The Mayor, subject to the approval of the Town Council, shall prepare regulations to implement the requirements of § 22a-220 of the General Statutes.
In conformance with § 22a-220c, collectors shall make provision for the separate collection of materials designated for recycling in accordance with § 22a-241b of the General Statutes and with the regulations prepared by the Mayor and approved by the Town Council.
Any person who violates this chapter or any regulations adopted hereunder for the first time shall be given written notice outlining the specific condition deemed to be in violation, the action necessary to correct the violation and that for a second offense, a monetary fine will be imposed. If the person who violates is a collector or recycler, then the notice should indicate that any violation beyond the second will result in suspension of the permit. The notice shall also include a statement that if a citation levying a fine is served, the person may contest his liability before a citation hearing officer by written notice within 10 days of the date of the citation and that if no hearing is requested, an assessment and judgment shall be entered against him without further notice.
For a second and subsequent violations, the following monetary penalties shall be imposed by service of a citation:
By residential homeowners and apartment dwellers, a fine in the amount of $25 and for all subsequent violations, a fine in the amount of $50.
By owners or lessees of a business, not a collector or recycler, who deposit recyclable items from their business, a fine in the amount of $25 and for all subsequent offenses, a fine in the amount of $100.
By collectors and recyclers, a fine in the amount of $100 and for any subsequent offense, suspension of their permit for a period of seven days. In the event a suspension of a collector's or recycler's permit is mandated hereunder, then any such collector or recycler may contest his liability before the citation hearing officer by written notice within 10 days of the date of the notification that his permit will be suspended.
Hearing procedure for citations and suspension of permits:
Any person served a citation for violation of this chapter or of any regulations adopted hereunder may appeal the citation within 10 days of the date of the citation on a citation appeals form available in the office of the Town Clerk, 45 South Main Street, Wallingford, Connecticut. Any collector or recycler given notice that his permit will be suspended may appeal the notice of suspension within the time limited and on the form prescribed for appeals of citations.
The Citation Hearing Officer appointed by the Mayor shall follow the hearing procedure set forth in § 7-152c of the Connecticut General Statutes except as modified herein.
Any person who requests a hearing shall be given written notice of the date, time and place of the hearing.
The Hearing Officer may consider any documentary evidence on behalf of the Town and on behalf of the person contesting his liability or notice of suspension and shall render his decision at the close of the hearing.
If the Hearing Officer determines the person is not liable for the violation, he shall dismiss the citation or, in the appropriate case, deny suspension of the collector's or recycler's permit. If he determines the person is liable for the violation, he shall enter and assess the fine or, in the appropriate case, sustain the suspension of the permit.
A person against whom an assessment has been noticed may file an appeal in the form of a petition to reopen the assessment with the Superior Court for the Judicial District of New Haven at Meriden within 30 days of the mailing or service of the assessment. A collector or recycler against whom a suspension of his/her permit has been upheld may file an appeal to the same Superior Court in Meriden within 30 days of the mailing or service of the hearing officer's decision.