A.
No commercial solid waste hauler shall deposit or
dump any solid waste at any Town solid waste facility or use said
facility without first obtaining a permit to do so. Separate permits
for the different facilities are not necessary.
B.
Any commercial solid waste hauler who collects solid waste within the Town but who does not have a permit pursuant to § 213-25A shall register itself with the Town Clerk.
C.
The Board of Selectmen may require of any permittee,
applicant for a permit, registrant or applicant for registration the
provision of such information, under oath, as the Board shall determine,
from time to time, may be reasonable to determine the information
necessary for the enforcement of this chapter. To the extent permitted
by law, such information shall not be disclosed, except to the extent
necessary for the determination, by appropriate municipal authorities,
including the Solid Waste Management Commission, as to compliance
with the provisions of this chapter.
A.
The permit described in § 213-25A shall be obtained from the Town Clerk and shall not be issued unless the applicant deposits with the Town Treasurer a bond in the amount of $3,000, secured by cash, certified check, corporate surety bond or passbook assigned to the Treasurer of the Town of Branford, conditioned upon the permittee's compliance with the provisions of this chapter. A single bond shall be sufficient for the use of the Town landfill, the transfer station, the compost site and the recycling center.
B.
Effective May, 1, 1991, all commercial solid waste haulers must have a bond posted in the amount of $3,000 in order to use any of the Town's solid waste facilities. Failure to have a bond in at least said amount deposited shall result in a revocation of any existing permit, and any bond standing in the name of the permittee shall be returned to said permittee within 14 days of the revocation of the permit, provided that the permittee is not then under investigation for or in violation of § 213-27 hereof.
A.
In accordance with the provisions of Subsection B below, the permit of any commercial solid waste hauler shall be revoked and the bond of said hauler forfeited to the Town for the violations listed below. In addition, said commercial solid waste hauler shall be prohibited from dumping or depositing any solid waste in any of the Town solid waste facilities until a new permit is obtained and a new bond is deposited in accordance with §§ 213-25 and 213-26, regardless of which facility was being used when the provisions of this section were violated.
(1)
Dumping or depositing any solid waste originating from a source outside of the limits of the Town of Branford, except bulky waste or recyclables to the extent authorized by the Board Selectmen, pursuant to §§ 213-21A and B, 213-22A, 213-23B and 213-24B, or dumping out-of-town solid waste at a Branford solid waste facility but alleging that it originated from within the Town of Branford and paying such lesser fee.
(2)
Depositing bulky waste, recyclables or refuse in other
than the authorized facility.
(3)
Refusing to remove or cause to be removed bulky waste,
recyclables or refuse deposited at other than the authorized facility
when ordered to do so by the Board of Selectmen or its authorized
agent.
B.
Investigations and hearings.
(1)
The First Selectman shall cause the Town Attorney
to investigate any allegation of a violation of the provisions of
this section. If the Town Attorney shall determine that there is probable
cause to believe that a violation of the provisions of the chapter
has occurred, he or she shall give written notice to the permittee
by mailing such notice, certified mail, return receipt requested,
to the address set forth upon the permit, that he or she has found
probable cause and that the permit will be revoked and the bond forfeited
in not less than seven days from the date of the notice. The notice
shall also contain a general statement of the alleged violation, including
the date thereof, and a statement that the permittee may request a
hearing on such revocation and forfeiture by mailing such request
by certified mail, return receipt requested, to the First Selectman
not more than seven days following the date of the Town Attorney's
notice. If no request for hearing is made by the permittee within
the time herein allowed, the permit shall be deemed revoked, and the
bond shall be deemed forfeited to the Town Treasurer.
(2)
If a request for a hearing is made by the permittee within the time allowed, the Selectman who, pursuant to the provisions of Subsection B(3) of this section, will preside at said hearing shall give notice of the time and place of said hearing to the permittee by mailing such notice, certified mail, return receipt requested, not less than seven days prior to the date of said hearing, to the address set forth in the permittee's request for hearing.
(3)
The First Selectman shall preside at said hearing
unless said First Selectman shall be disqualified, in which event
the Selectman commonly known as the "Second Selectman" shall preside.
(4)
The permittee and the Town shall have the right to
be represented by counsel.
(5)
All witnesses at said hearing shall be placed under
oath, and each party shall have an opportunity to cross-examine all
witnesses presented by the other.
(6)
Unless both the Town and the permittee shall waive
the keeping of a transcript, a verbatim record of said proceeding
shall be kept. Either party shall have the right to order a copy of
said record upon the payment, in advance, of the cost thereof.
(7)
The rules of evidence shall not apply to any proceeding hereunder, and subject to the provisions of Subsection B(5), the presiding Selectman shall be permitted to accept such evidence as he or she shall deem appropriate.
(8)
In the event that any member of the Board of Selectmen
shall be a witness in the proceeding, he or she shall be disqualified
to act upon said complaint.
(9)
If any member of the Board of Selectmen shall be disqualified
to act upon said complaint for any reason, the remaining members of
the Board shall select an elector of the Town to replace said disqualified
Selectman at said hearing. If the remaining Selectmen are unable to
agree upon said replacement, the Representative Town Meeting, acting
at a regular or special meeting, shall select said replacement.
(10)
In the event that the Board of Selectmen shall determine, by a preponderance of the evidence, that the permittee has dumped or deposited solid waste in violation of Subsection A above, the Selectman presiding at said hearing shall take such action as may be proper under the provisions of this chapter. Notice of such action shall be given to the permittee, in writing, by mailing such notice, certified mail, return receipt requested, to said permittee at the address set forth on the permit not less than five days prior to the effective date of said action.
All permits issued to commercial solid waste haulers pursuant to §§ 213-25 through 213-27 above shall be in effect until revoked or until voluntarily surrendered by the permittee. Any bond standing in the name of the permittee shall be returned to said permittee within 10 days of the voluntary surrender of the permit, provided that the permittee is not then under investigation for or in violation of § 213-27 hereof.
A.
No incidental commercial user shall deposit or dump
any solid waste in any Town solid waste facility without first obtaining
a permit to do so from the Town Clerk or such other official as may
be designated from time to time by the Board of Selectmen, after consultation
with the Solid Waste Management Commission. The permit shall be valid
for a period of one day and shall only be issued to the incidental
commercial user upon satisfactory proof that the materials to be dumped
or deposited in the Town solid waste facility originate from a source
within the Town of Branford.
B.
An incidental commercial user shall not be subject
to the bond requirements of this chapter.
A.
No resident of the Town of Branford shall deposit
or dump any solid waste in any Town solid waste facility without first
obtaining a permit to do so from the Town Clerk or such other official
as may be designated from time to time by the Board of Selectmen,
after consultation with the Solid Waste Management Commission. Such
permit shall be valid for a period not to exceed two years and shall
be issued upon satisfactory proof that the applicant is a resident
of the Town of Branford, and such permit shall be used for household
purposes only. Said permit may but need not be combined with other
functions requiring Town residency, such as use of parks and beaches.
B.
Said permit shall be deemed automatically revoked
if the permittee moves out of the Town of Branford.
A.
All solid waste is subject to inspection from the
time it is placed at the curb or in a dumpster through and including
the time it arrives at its ultimate disposal area.
(1)
Said inspections may be carried out by any constable appointed by the First Selectman in accordance with § 213-11D.
(2)
The commercial solid waste hauler responsible for
pickup of a particular load of refuse or recyclables may inspect said
refuse and recyclables at curbside or in dumpsters for the purpose
of determining proper separation of waste streams as set forth in
this chapter.
B.
An informational or warning notice may be given orally
or in writing whenever any provision of this chapter is ignored by
any person, partnership, firm, corporation or association.
C.
The Town of Branford or its agent reserves the right
to refuse to collect garbage, rubbish or recyclables or to refuse
to allow disposal in any of the Town solid waste facilities or designated
facilities where the spirit or letter of any provision of this chapter
or the regulations enacted hereunder is ignored.
B.
Such an exception granted by the Recycling Coordinator
must be in writing, must state the duration of the exception and must
not be in conflict with any existing state law or regulation or with
any contract then in effect.
C.
If a petitioner is dissatisfied with the response
to his or her request for such an exception, he or she may appeal
the decision, in writing, to the Recycling Committee of the Solid
Waste Management Commission. Said Committee must respond in writing
within 60 days. The decision of the Recycling Coordinator may be overturned
only by a majority vote of said Committee.
