[HISTORY: Adopted by the Town Council of the Town of Wallingford 1-23-2007
by Ord. No. 544.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 79.
Littering — See Ch. 139.
Property maintenance — See Ch. 156.
[1]
Editor's Note: This ordinance also repealed former Ch. 190, Solid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:
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.
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.
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.
Unwanted or discarded solid, liquid, semisolid or contained gaseous
material as more specifically illustrated in § 22a-207(3) of the
Connecticut General Statutes.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
A.
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.
B.
Collection permits shall be valid for one calendar year
from June 30 and shall expire on June 29 of the year following.
C.
All permits shall be issued by mail, and the information
required by the Director for the issuance of permits is as follows:
D.
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.
E.
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.
A.
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.
B.
The Mayor, subject to the approval of the Town Council,
shall prepare regulations to implement the requirements of § 22a-220
of the General Statutes.
C.
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.
A.
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.
B.
For a second and subsequent violations, the following
monetary penalties shall be imposed by service of a citation:
(1)
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.
(2)
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.
(3)
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.
C.
Hearing procedure for citations and suspension of permits:
(1)
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.
(2)
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.
(3)
Any person who requests a hearing shall be given written
notice of the date, time and place of the hearing.
(4)
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.
(5)
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.
D.
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.
