This chapter is hereby enacted in order to provide
for the safe and sanitary disposal of all solid wastes which are generated
within the boundaries of the Town of Newtown, thereby providing for
the health and welfare of Newtown's residents.
As used in this chapter, the following terms
shall have the meanings indicated below:
BOARD OF SELECTMEN or BOARD
The Board of Selectmen of the Town of Newtown, Connecticut.
When used in reference to a voting body, it shall be taken to include
the phrase "or a majority thereof."
BULKY WASTE
Land-clearing debris and waste resulting directly from demolition
activities, other than clean fill.
COLLECTOR OF RECYCLABLES
Any person, firm or corporation holding out for hire to collect
recyclables from residential commercial, industrial, or other sources.
COMMERCIAL REFUSE HAULER
Any person, firm or corporation, other than an incidental
commercial user, as defined below, holding out for hire to pick up
refuse from residential, commercial, industrial, or other sources.
CURBSIDE RECYCLING BOX
Any container designated as a curbside recycling container
by the Board of Selectmen, for the collection and storage of recyclables.
DWELLING
A building capable of providing complete living quarters,
including complete kitchen and bathroom facilities.
DWELLING UNIT
Each part of a building of a multifamily development capable
of providing separate quarters, including complete kitchen and bathroom
facilities for one family.
GARBAGE
Animal, vegetable, or other organic wastes resulting from
the handling, preparation, cooking, serving or consumption of food.
INCIDENTAL COMMERCIAL USER
Any person, firm, or corporation, depositing or dumping refuse
in the Town solid waste facility, which is incidental to his/hers/its
business or trade, such as a building contractor, landscaper or gardener.
An incidental commercial user shall be subject to a special permit
as hereinafter required.
MUNICIPAL SOLID WASTE or MSW
That portion of the solid waste stream suitable for disposal,
as determined by the Department of Environmental Protection of the
State of Connecticut.
RECYCLABLES
Any item designated by the Board of Selectmen to be separated
or diverted as defined below under "recycle."
RECYCLE
To separate or divert an item or items from the solid waste
stream for the purposes of processing it, causing it to be processed,
or storing it for later processing 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. Nothing in this definition
shall preclude the use of waste oil as fuel in an oil burner, or scrap
tires as fuel in an incinerator.
RECYCLING CENTER
The Town's recycling facility, area or areas as designated
by the Newtown Legislative Council.
REFUSE
Garbage and rubbish, excluding recyclables.
RESIDENTIAL PROPERTY
Real estate containing a dwelling or one or more dwelling
units, but not including hospitals, motels, or hotels.
RUBBISH
That portion of municipal solid waste that is not garbage
nor bulky waste.
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.
SCRAP TIRES
Discarded rubber or synthetic rubber tires used by or manufactured
for vehicles, including, but not limited to, automobiles, trucks,
buses, tractors and trailers.
SOLID WASTE
Unwanted or discarded materials, including solid, liquid,
semi-solid or contained gaseous material. This is an all-encompassing
term including but not limited to garbage, rubbish, recyclables, bulky
waste, and other separately identified waste streams.
STORAGE BATTERIES
Lead acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors,
and like applications.
TOWN LANDFILL
The Town's solid waste disposal area situated on Route 25
at the southern end of Town, or any other areas so designated by the
Newtown Legislative Council.
TOWN SOLID WASTE FACILITY
The Town solid waste handling facility area or areas as designated
by the Newtown Legislative Council. This facility may include the
Town landfill, transfer station, and/or recycling center.
TRANSFER STATION
The Town solid waste transfer facility, area, or areas as
designated by the Newtown Legislative Council.
WASTE OIL
Crankcase oil that has been utilized in internal combustion
engines.
The Town shall notify by mail all refuse haulers
and all collectors of recyclables, permitted by the Town, of the provisions
made for the collection, processing and marketing of the items to
be recycled.
The Board of Selectmen is hereby authorized
to adopt a schedule of fees for depositing any and all solid waste
in the Town solid waste facility, whether such deposits are made by
refuse haulers, collectors of recyclables, incidental commercial users,
or by individual residents of the Town of Newtown.
The Board of Selectmen shall establish a procedure
for notification of violations of this chapter by generators of recyclables
and refuse as well as a schedule of fines to be charged such generators
for said violations.
Transportation and handling of solid waste shall
be carried out in accordance with all state laws and regulations,
including but not limited to the Public Health Code of the State of
Connecticut as it shall be amended from time to time. No newspaper
or other solid waste, clean or otherwise, shall be set out, stored,
or transported in such a fashion as to cause it to blow away, become
a hazard to public travel or safety, or otherwise create a public
nuisance.
Additional services beyond those offered by the Town contract §
199-6 may be rendered by the collector of recyclables if requested by a generator of recyclables, and a reasonable additional collection fee, subject to approval by the Board of Selectmen, may be charged by the collector to said generator, for the added service.
The dumping or disposal in the Town solid waste
facility of any solid waste from a source outside of the Town of Newtown
is prohibited. However, such dumping or disposal in the Town solid
waste facility of recyclables originating outside of the Town of Newtown
may be permitted by regulations established by the Board of Selectmen.
There shall be no scavenging at the Town solid
waste facility unless authorized by the Board of Selectmen.
Dumping of solid waste, including recyclables,
in areas or facilities not designated for such disposal by the Town
of Newtown is prohibited and subject to fines as set by the Board
of Selectmen. The dumping of any refuse containing a significant quantity
of recyclables is prohibited, anywhere, and subject to fines as set
by the Board of Selectmen.
All permits issued to commercial refuse haulers pursuant to §§
199-19 and
199-20 shall be valid for one calendar year and may be renewed upon application.
An incidental commercial user shall not deposit
or dump any solid waste in the Town solid waste facility without first
obtaining a permit to do so from the designated agent of the Board
of Selectmen. 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 solid waste to be dumped or deposited in the Town solid
waste facility originates from a source within the Town of Newtown.