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Town of New Canaan, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the New Canaan Town Council 9-12-1990, effective 9-28-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage and refuse — See Ch. 25.
Health and sanitation — See Ch. 29.
There is established a town solid waste recycling program, with standards to effect the maximum level of recycling of solid waste and source separation.
For the purposes of this ordinance, the following terms shall have the meanings indicated:
ACCEPTABLE RECYCLABLE MATERIALS
Those items, including glass food and beverage containers, metal food and beverage containers, newspaper and certain HDPE and PET plastic food and beverage containers and other recyclables determined by the Town of New Canaan.
[Amended 7-21-2010, effective 8-27-2010]
CARDBOARD
Corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
COLLECTOR
Any person who holds itself out for hire to collect solid waste from residential, business, commercial and other establishments within the Town.
COMMISSIONER
The Commissioner of Environmental Protection of the State of Connecticut or his or her authorized agent.[1]
[Amended 7-21-2010, effective 8-27-2010]
GENERAL STATUTES
The General Statutes of Connecticut, as amended.
GLASS FOOD AND BEVERAGE CONTAINER
A glass bottle or jar of any size or shape used to package food or beverage products suitable for human or animal consumption.
HDPE (HIGH-DENSITY POLYETHYLENE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any high-density polyethylene bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption or used for household laundry products or motor oil, which are marked on the bottom with the number (2) encircled by the recycling symbol.[2]
INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING CENTER
A facility where glass, metals, paper products, batteries, household hazardous waste, fertilizers and other items are removed from the waste stream for recycling or reuse.
LEAVES
The foliage of trees.
METAL FOOD AND BEVERAGE CONTAINER
An aluminum, bimetal, steel, tin-plated steel or other metallic can, plate or tray of any size or shape used to package food or beverage products suitable for human or animal consumption.
NEWSPAPER
Used or discarded newsprint which has a minimum of contamination by food or other material.
OFFICE PAPER
Used or discarded high-grade white paper and manila paper, including but not limited to paper utilized for file folders, tab cards, writing, typing, printing, computer printing and photocopying, which is suitable for recycling and which has a minimum of contamination.
[Amended 7-21-2010, effective 8-27-2010]
PERSON
Any individual, organization, company, corporation, trust, partnership, foundation, group, association or establishment, or any combination of them.
[Amended 7-21-2010, effective 8-27-2010]
PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any polyethylene terephthalate bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption, which is marked on the bottom of the bottle, jar or container with the number (1) encircled by the recycling symbol.
RECYCLABLES or ITEMS REQUIRED TO BE RECYCLED or STATUTORY RECYCLABLE MATERIALS
Cardboard, glass food and beverage containers, metal food and beverage containers, newspaper, certain HDPE and PET plastic food and beverage containers, office paper, scrap metal, storage batteries and waste oil, as defined herein, and such other items as may be designated by the Commissioner.
RECYCLE
To separate or divert an item or items from the solid waste stream for the purposes of processing it or causing it to be processed into a material product, including the production of compost, in order to provide for disposition of the item or items in a manner, other than incineration or landfilling, which will best protect the environment.
RECYCLING PROGRAM
A program for the processing of solid waste to reclaim material therefrom.
RECYCLING FACILITY or RECYCLING CENTER
Land and appurtenances thereon and structures where recycling is conducted, including but not limited to an intermediate processing center.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, excluding hospitals, institutions, motels and hotels.
RESOURCES RECOVERY FACILITY
A facility utilizing processes to reclaim energy from municipal solid waste and, particularly, the Greater Bridgeport Resources Recovery Facility located in Bridgeport.
SCRAP METAL
Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to white goods and metal food containers.
SOLID WASTE
Solid, liquid, semisolid or contained gaseous material that is unwanted or discarded, including but not limited to material processed at a recycling facility.
SOLID WASTE DISPOSAL AREA
Land and appurtenances thereon and structures, including a landfill or other land disposal site, used for the disposal of more than 10 cubic yards of solid waste.
SOLID WASTE FACILITY
Any solid waste disposal area, volume reduction plant, transfer station, woodburning facility or biomedical waste treatment facility.
STATE
The State of Connecticut.
STORAGE BATTERY
Lead-acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.[3]
TOWN
The Town of New Canaan, and includes authorized officers, boards, commissions and agencies of the Town.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
[1]
Editor's Note: The former definition of "contracting community," which immediately followed this definition, was repealed 7-21-2010, effective 8-27-2010.
[2]
Editor's Note: The former definition of "intercommunity agreement," which immediately followed this definition, was repealed 7-21-2010, effective 8-27-2010.
[3]
Editor's Note: The former definition of "SWEROC," which immediately followed this definition, was repealed 7-21-2010, effective 8-27-2010.
[Amended 7-21-2010, effective 8-27-2010]
The Board of Selectmen is vested with full powers to develop and operate a recycling program consistent with this ordinance and the laws and regulations of the state. The Board of Selectmen shall appoint an administrator of the recycling program to supervise the operation and coordination of the recycling program established by the Board of Selectmen.
[Amended 7-21-2010, effective 8-27-2010]
A. 
The state has determined that not less than 25% of the solid waste generated in the state after January 1, 1991, shall be recycled. Under § 22a-220 of the Connecticut General Statutes, the Town is required to make provisions for the separation, collection, processing and marketing of all items designated for recycling by the Commissioner.
B. 
In order to fulfill its statutory obligations, the Town Council finds it necessary for the Town of New Canaan:
(1) 
To require residential acceptable recyclable materials generated within its boundaries to be processed pursuant to this ordinance and applicable regulations of the Commissioner;
(2) 
To have residential statutory recyclable materials that are not processed at the regional intermediate processing center and all commercial and nonresidential statutory recyclable materials generated within its boundaries processed in accordance with applicable regulations of Connecticut state agencies;
(3) 
To collect and/or receive and transfer to an intermediate processing center all residential acceptable recyclable materials that are required to be recycled by the Commissioner.
[Amended 7-21-2010, effective 8-27-2010]
By adoption of this ordinance, the Town shall comply with § 22a-220 of the General Statutes, as amended by Section 2 of Public Act No. 90-220, "To adopt an ordinance . . . setting forth measures to assure the compliance of persons within its boundaries with the requirements of Subsection (c) of § 22a-241b, as amended by Section 1 of . . . Public Act 90-220 and to assure compliance of collectors with the requirements of Subsection (a) of Section 4 of . . . Public Act 90-220."
[Amended 7-21-2010, effective 8-27-2010]
The successful operation of the recycling program shall require the issuance of regulations and instructions setting forth detailed procedures to be followed by residents, businesses and institutions, collectors and others. The Board of Selectmen is authorized and directed to promulgate such regulations and instructions, to be binding upon all persons within the Town, to effect an efficient and economical recycling program consistent with this ordinance and applicable state laws and regulations.
A. 
Residential.
(1) 
On and after January 1, 1991, each person who generates solid waste from residential property within the Town shall separate from other solid waste the following recyclable items:
(a) 
Cardboard.
(b) 
Glass food and beverage containers.
(c) 
Leaves.
(d) 
Metal food and beverage containers.
(e) 
Newspaper.
(f) 
Scrap metal.
(g) 
Storage batteries.
(h) 
Waste oil.
(i) 
Certain plastic food and beverage containers as described more fully below.
(2) 
Each person who generates solid waste from residential property within the Town shall place in an appropriate container the following items required to be recycled:
(a) 
Glass food and beverage containers.
(b) 
Metal food and beverage containers.
(c) 
Newspaper.
(d) 
PET (polyethylene terephthalate) plastic food and beverage containers which are marked on the bottom with the number one encircled by the recycling symbol.
(e) 
HDPE (high-density polyethylene) plastic food and beverage containers which are marked on the bottom with the number two encircled by the recycling symbol.
(f) 
Such other items as may be designated by the Board of Selectmen.
B. 
Nonresidential. On and after January 1, 1991, each person who generates solid waste from property other than residential properties shall make provision for the separation from other solid waste of the following items required to be recycled:
(1) 
Cardboard.
(2) 
Glass food and beverage containers.
(3) 
Leaves.
(4) 
Metal food and beverage containers.
(5) 
Newspaper.
(6) 
Office paper.
(7) 
Scrap metal.
(8) 
Storage batteries.
(9) 
Waste oil.
(10) 
PET (polyethylene terephthalate) plastic food and beverage containers which are marked on the bottom with the number one encircled by the recycling symbol.
(11) 
HDPE (high-density polyethylene) plastic food and beverage containers which are marked on the bottom with the number two encircled by the recycling symbol.
(12) 
Such other items as may be designated by the Board of Selectmen.
A. 
The items listed in § 49-7A(2) above shall be collected and/or received at the Town’s transfer station designated by the Board of Selectmen and thereafter delivered to an intermediate processing center or to such other site designated by the Board of Selectmen.
[Amended 7-21-2010, effective 8-27-2010]
B. 
Each owner, tenant and operator of property used for business, institutional and other nonresidential purposes, at such owner’s or tenant’s or operator’s expense, shall collect and have recycled the items listed in § 49-7B which are generated from properties other than residential property in accordance with the provisions of this ordinance policies promulgated by the Board of Selectmen, and applicable state laws and regulations. Such owner, tenant and operator shall be jointly and severally liable to comply with this provision.
[Amended 7-21-2010, effective 8-27-2010]
C. 
To assist the Town in monitoring the separation, collection, recycling and sale of items required to be recycled that are generated from properties other than residential property, the Board of Selectmen may require such nonresidential generators to submit plans for such recycling and periodic reports setting forth specified data relating to the amount and nature of items recycled.
A. 
Any collector hauling solid waste generated by residential, business or other establishments within the Town shall register in the Town in accordance with regulations to be adopted pursuant to this ordinance.
B. 
The two front doors of any vehicle used by a collector to haul solid waste generated with the Town shall be clearly marked with the business name and address of such collector.
C. 
The Board of Selectmen shall, by mail, give notice of this ordinance and any regulations promulgated hereunder for the collection, hauling, processing and marketing of items required to be recycled to all collectors registered under Subsection A of this section. After receipt of such notice, any collector who has reason to believe that a person from whom it has collected solid waste has discarded items required to be recycled with such solid waste shall promptly notify the Administrator of the recycling program of the alleged violation. Upon request by the Administrator of the recycling program, a collector shall provide a warning notice, by tag or other means, to any person suspected by the Administrator of the recycling program of violating the separation requirements of this ordinance. Each collector shall also notify the Administrator of the recycling program of any person depositing for collection significant quantities of items required to be recycled mixed with solid waste for delivery to a resources recovery facility or solid waste facility by such collector.
D. 
On and after January 1, 1991, as required by Section 4(b) of Public Act No. 90-220,[1] the owner or operator of each resources recovery facility or solid waste facility who has reason to believe, upon visual inspection, that a load of solid waste which is delivered to the facility contains significant quantities of any items required to be recycled is required to provide prompt notification of such belief to the driver of the vehicles delivering the load and to the Administrator of the recycling program if the load originated within the town. Under said Section 4(b) of Public Act 90-220, the owner or operator of each resources recovery facility or solid waste facility is also required to conduct unannounced inspections of loads delivered to resources recovery facilities or solid waste facilities.
[1]
Editor's Note: See C.G.S. § 22a-220c(b).
E. 
Any collector who dumps more than one cubic foot in volume of solid waste at one time in an area within the town not designated for the disposal of such solid waste or who knowingly mixes other solid waste with items required to be recycled shall, for a first violation, be liable for a civil penalty of up to $1,000 and for each subsequent violation, shall be liable for a civil penalty of up to $5,000. The Town or the Attorney General, at the request of the Commissioner, may bring an action under Section 3(f) of Public Act 90-220,[2] which action shall have precedence in the order of trial as provided in § 52-191 of the General Statutes.
[2]
Editor's Note: See C.G.S. § 22a-220a(f).
The town, by action of its Board of Selectmen, may levy a charge for the collection and/or receipt and/or processing of solid waste brought to a facility for recycling.
[1]
Editor's Note: Former § 49-11, SWEROC to be regional agent, was repealed 7-21-2010, effective 8-27-2010.
It shall be a violation of this ordinance for any person not authorized by the town to collect or pick up or cause to be collected or picked up any recyclables which have been set aside for collection.
A. 
Notwithstanding any other sections of the General Statutes to the contrary, the town, acting by the Board of Selectmen, may impose a penalty not to exceed $500 for each violation by a commercial establishment of the requirements of Subsection (c) of § 22a-241b of the General Statutes, as amended by Section 1 of Public Act 90-220, as set forth in this ordinance.
B. 
The owner or operator of any resources recovery facility or landfill who fails to notify the town about the delivery of loads of solid waste originating from the town containing significant quantities of items required to be recycled as required by Section 4 of Public Act 90-220[1] and as set forth in § 49-9D of this ordinance shall be subject to a warning by the town or the Commissioner for a first violation and to a civil penalty of $500 for any subsequent violation. If the town fails to receive such notification as required, the town may bring an action pursuant to Section 3(f) of Public Act 90-220.[2]
[1]
Editor's Note: See C.G.S. § 22a-220c.
[2]
Editor's Note: See C.G.S. § 22a-220a (f).
C. 
Any person who violates the provisions of this ordinance shall, in addition to other legal remedies available to the town, be cited or fined not more than $100 for each offense, and each violation of this ordinance or of regulations and instructions promulgated pursuant to this ordinance shall be a separate violation. This ordinance and the regulations and instructions promulgated pursuant to this ordinance may be enforced by citations issued by the Administrator of the recycling program. Before issuing any citation, the Administrator of the recycling program shall issue a written warning providing notice of the specific violation in accordance with § 7-148(c)(10)(A) of the General Statutes.
D. 
The citation hearing procedure provided in § 7-152c of the General Statutes is established as the town's citation hearing procedure to be followed when citations pursuant to § 49-13C of this ordinance are issued. The Board of Selectmen is authorized to issue such rules and regulations governing the operation of the citation hearing procedure so long as such rules and regulations are consistent with § 7-152c of the General Statutes.