[HISTORY: Adopted by the Town Council of the Town of Mansfield 7-23-1990, effective 8-20-1990. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Solid Waste/Municipal Authority Ordinance."
This chapter is adopted to establish a Municipal Resource Recovery Authority (MRRA) in the Town of Mansfield pursuant to Chapters 103b, 446d and 446e of the Connecticut General Statutes, and to update and consolidate the town's Solid Waste Ordinance to comply with the state's mandatory recycling law scheduled to take effect on January 1, 1991.
Pursuant to Section 7-273aa(b) of the Connecticut General Statutes, the Mansfield Resource Recovery Authority is hereby created for the regulation and control of solid wastes in the Town of Mansfield, and the Mansfield Town Council is hereby designated as said Municipal Authority. The Authority is so created as a Municipal Resource Recovery Authority under Section 7-273 of the Connecticut General Statutes inclusive, and shall have all of the powers provided under said section and under Chapters 446d and 446e of said statutes.
The Mansfield Resource Recovery Authority shall have its principal office at the Audrey P. Beck Municipal Building, 4 South Eagleville Road, Storrs/Mansfield, Connecticut 06268.
The Authority shall have control over the total solid waste stream within the Town of Mansfield, including control over the operation of any town-owned solid waste landfill, transfer station, recycling facility, sludge disposal area or any like facilities. All policies, permits, contracts and agreements concerning refuse collection, landfill operation, trash dumping and recycling shall be subject to Authority regulation, approval and acceptance. The Authority is authorized to employ or make contracts with individual persons or corporations for the separation, recovery, collection, removal, storage, transport or disposition of garbage, rubbish and other refuse, including recyclables. The Authority is further empowered to charge fees and to issue bills to recipients of said services, and to take appropriate action to collect said fees as provided for hereinafter in § 161-13. The Authority may, by resolution, establish regulations, policies and fees for the use of town transfer stations, processing or recycling facilities, disposal areas and for all refuse and recycling pickup within the town. Said regulations may include but are not limited to the types of materials which are collected, hauled and deposited at any facility, the days, place and hours of refuse or recycling pickup and facility operation, fees to be charged at any facility or for any town-authorized collection service, requirements and fees for collector permits and the designation of recycling or refuse collection systems with the town by type of establishment, frequency of collection, level of service and cost. The Authority shall also be responsible for enforcing this chapter and its adopted regulations as set forth hereinbelow.
As used in this chapter, the following terms shall have the meanings indicated:
- BULKY WASTE
- Large nonputrescible items such as discarded appliances and furniture, stumps and bushes, construction debris and demolition waste, including but not limited to brick, mortar, wood and glass.
- The act of collecting solid waste or recyclables at the place of waste generation by approved, licensed solid waste collector and is distinguished from "removal."
- COLLECTION VEHICLE OR EQUIPMENT
- Any vehicle or equipment used in the collection of residential refuse, commercial solid waste or recyclables.
- COMMERCIAL CONTAINER
- Each container or bin of one (1) cubic yard or more owned by a solid waste collector and placed for use at a business, commercial location, residence, apartment building or construction site. Each "commercial container" shall be identified with the name and telephone number of the solid waste collector servicing the container or bin.
- CORRUGATED CARDBOARD
- Cardboard which has been processed to have forms or shapes like wrinkles or folds or into alternating ridges and grooves and is placed between two (2) flat surfaces for the sake of strength and which is commonly used to form cartons.
- DISPOSAL AREA
- An area or location used for the disposal of solid waste designated as such by the Resource Recovery Authority.
- DRY-CELL BATTERY
- Any device used for generating electric current through a chemical reaction, including but not limited to nickel-cadmium batteries, carbon batteries and alkaline batteries.
- All kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.
- GLASS CONTAINERS
- Jars and bottles made of silica, soda ash and limestone being transparent, translucent and breakable. Specifically excluded are plastics, window glass or panes, glass bulbs, ceramics and all other glass.
- HDPE #2 (HIGH DENSITY POLYETHYLENE) CONTAINERS
- Plastic bottles, jars and jugs made from the HDPE polymer having the standard triangular recyling symbol containing the number 2. Motor oil containers are specificallly excluded.
- HEALTH OFFICER
- The duly appointed Director of Health of the Town of Mansfield.
- HOUSEHOLD CARDBOARD
- A stiff, moderately thick paperboard used in packaging products for household consumption.
- All magazines or periodicals printed on glossy stock or paper of heavier quality than that commonly recognized as newsprint.
- METAL FOOD AND BEVERAGE CONTAINERS
- Tin, bimetal, steel or aluminum cans that once contained food or beverages for humans or animals.
- Any condition which in the judgment of the Town of Mansfield Director of Health constitutes or could constitute a threat to the public health, including but not limited to those conditions specifically listed in Section 19-13-B1 of the State of Connecticut Public Health Code.
- OFFICE PAPER
- White, high-grade paper generally used in offices that is of high quality and does not have a glossy finish, including but not limited to photocopy paper, bond, ledger, tab cards, letterhead and white computer paper.
- Any individual, firm or corporation, whether acting for himself or as principal agent, officer, servant or employee for any other individual, firm or corporation.
- PETE #1 (POLYETHYLENE TEREPHTHALATE) CONTAINERS
- Plastic bottles and jars made from the PETE polymer having the standard triangular recycling symbol containing the number 1.
- PROCESSING FACILITY
- A place or facility where solid waste materials are sorted, crushed, cleaned or otherwise processed prior to final disposal or recovery.
- RECYCLABLE MATERIALS
- Materials which have been so designated by the Mansfield Resource Recovery Authority. These will include but not be limited to those materials designated as recyclable under the Connecticut General Statutes as amended, and the regulations of the Connecticut Department of Environmental Protection, as amended, prior to or at the time designated by those statutes and/or regulations.
- The reuse of recovered resources through the processes of sorting, cleaning, treating and reconstituting materials otherwise destined for disposal.
- RECYCLING BIN
- Any box or container designated as a recycling container by the Mansfield Resource Recovery Authority.
- Both garbage and rubbish.
- REFUSE CONTAINER
- Any rodent-proof heavy plastic or metal box, can, barrel, bin or similar type container used for the accumulation of refuse.
- The act of taking solid wastes from the place of waste generation either by a licensed solid waste collector or by a person in control of the premises.
- Nonputrescible waste, including but not limited to ashes, paper, tinware, rubber, wood, glass, rags, crockery, plastics, rubber by-products or litter, or other unusable or discarded material resulting from normal community or business activities, or materials which by their presence may injuriously affect the health, safety and comfort of persons or may depreciate property values in its vicinity, or both; provided, however, that "rubbish" shall not include bulky waste and materials generated by a person and held by that person to be salvaged.
- 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 discarded home and industrial appliances.
- SOLID WASTE
- All putrescible and nonputrescible solid and semisolid wastes, such as refuse, garbage, rubbish, bulky waste, paper, ashes, industrial waste, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, including liquid waste disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, but excluding sewage collected and treated in a municipal or a regional system; hazardous waste; or radioactive waste.
- SOLID WASTE COLLECTOR
- A person who has been issued a license pursuant to this chapter by the town to collect and haul refuse or recyclable material from residential, business, commercial or other establishments for hire within the Town of Mansfield.
- STORAGE BATTERY
- Batteries used in motor vehicles, airplanes, boats, recreational vehicles, tractors and like applications, or other lead-acid batteries.
- The Town of Mansfield, Connecticut, as delineated by its corporate limits, acting by and through its Resource Recovery Authority (Town Council) and Town Manager as given by the Town Charter.
- TRANSFER STATION
- A place or facility used to receive garbage or rubbish from private vehicles and/or collection vehicles from which this garbage/rubbish is subsequently hauled to a disposal area in large vehicles or trailers.
- WASTE OIL
- Crankcase oil that has been utilized in internal combustion engines.
- YARD WASTE
- The brush, boughs and foliage of trees and other plants, including grass clippings and leaves.
All persons occupying or maintaining any premises within the town where refuse and recyclable materials are created, produced or accumulated shall maintain sufficient refuse or recycling containers for receiving and holding all refuse and recyclable materials produced, created or accumulated on such premises. Where a solid waste collector furnishes said containers, he or she shall be responsible for maintaining the containers in good condition unless this responsibility has been assumed by the person occupying or maintaining the premises under the terms or conditions of the use.
No person shall accumulate, store or require the storage or handling of solid waste or recyclable materials in such a manner so as to promote the propagation, harborage or attraction of vectors or so as to create a nuisance or hazard to public travel, health or safety.
The owner of solid waste or recyclable material generated on any property shall cause the same to be removed to a town-designated transfer station, processing facility or disposal area at frequencies sufficient to prevent the occurrence of a nuisance.
Except for commercial containers defined in § 161-6 hereinabove, refuse/recycling containers maintained as provided herein shall be located on the property or premises of the person producing such refuse in such areas so as not to be visible from the street, sidewalk or public place, except after 9:00 p.m. the day before pickup and before 8:00 p.m. the day of pickup.
All refuse generated, produced, accumulated or collected within the Town of Mansfield shall be disposed of only at such transfer stations, processing facilities or disposal areas as may be designated by the Mansfield Resource Recovery Authority (MRRA). The MRRA is hereby authorized to make such designations as may be necessary for the public convenience and necessity. Said designations may differentiate between types of waste materials, persons, establishments (residential or commercial) and solid waste collectors as may be necessary in order to provide for recycling and the cost-effective and efficient collection and disposal of refuse.
The use of the town transfer, processing or disposal facilities shall be restricted to residents of the town and to businesses within the town.
Refuse generated outside the town will not be accepted at any town transfer, processing or disposal facility without approval of the Town Council. No person shall engage in any scavenging, salvaging or recycling activities at any town solid waste facility without the written permission of the MRRA.
The MRRA may, by resolution, establish regulations and fees for the use of designated town transfer stations, processing facilities or disposal area. Said regulations may include but are not limited to the types of solid waste which may be deposited at any facility, the hours of operation, permitted salvaging or recycling operations and any other regulations necessary for the proper use, operation and maintenance of said facilities.
All refuse and other solid waste materials, including materials for recycling, upon being removed from the premises where produced or accumulated shall become and be the property of the solid waste collector. Upon being deposited in a designated transfer, processing or disposal facility, said materials shall forthwith become the property of the owner of such facility.
All persons or establishments generating solid wastes and/or recyclable materials in the Town of Mansfield must separate the recyclable materials from the nonrecyclable materials in accordance with the designations established by the MRRA. Designated, unsoiled recyclable materials shall not be mixed with other refuse, nor shall they be accepted at any town disposal area unless properly separated and deposited in an area, container or building designated for recyclable materials. Failure to separate designated materials for recycling is a violation of this chapter.
The MRRA is authorized to adopt regulations designating materials that must be recycled and separated from other refuse in Mansfield. Said designations shall be included but are not limited to those items required to be recycled by state statutes or Department of Environmental Protection regulations.
The MRRA shall also be authorized to adopt regulations designating how and when said recyclable materials shall be recycled, including but not limited to the days and times of collection, manner of collection, preparation/separation of said materials prior to collection and similar requirements for recycling at the town's dropoff recycling area.
The MRRA may also by regulation adopt rules and requirements for recycling for different types of establishments, differentiating between single-family residential, multifamily residential (including condominiums) and commercial or business establishments. Said rules may designate the responsibilities of each type of establishment in complying with the town's recycling ordinance and regulations.
Refuse and recyclable materials hauled by any person over any road in the town shall be securely tied or covered during the hauling thereof. No person shall allow refuse or recyclables to leak, spill, blow off or drop from any vehicle on any road.
No person shall use any vehicle for collecting, hauling or transporting refuse or recyclables on any public road within the town without first obtaining a vehicle permit from the Town Director of Health; provided, however, that no person exempted from obtaining a collector's permit pursuant to Subsection D below shall be required to obtain a vehicle permit, it being the intent of this section to prohibit any person from hauling garbage, rubbish, debris, recyclables and refuse for hire over town roads without obtaining a vehicle permit pursuant to this chapter.
The MRRA may, by resolution, set fees for vehicle permits for each vehicle proposed to be used to haul refuse or recyclables for hire or dispose of refuse or recyclables at any town designated transfer, processing or disposal facility. Each person shall file with the Town Director of Health, in writing, on a form furnished and approved by the Director of Health, such information as the Health Department may deem necessary in the issuing of a permit for each vehicle proposed to be used. The Director of Health shall assign a permit number to each truck upon approval of the application. The applicant shall affix said permit to each truck in the manner prescribed by the Director of Health in the location or locations on said truck as may be prescribed by the Director of Health.
No person shall collect, haul or transport refuse or recyclables on any public highway within the town without first making application to the Director of Health and receiving a solid waste collector's permit. The provisions of this section shall not apply to persons hauling household refuse from their own residences, nor to farming or agricultural operations, nor to municipalities or public agencies, nor to industrial, commercial or business establishments, nor to building contractors, nor to any of those hauling their own refuse generated by themselves. It is the intent of this section to prohibit from hauling refuse or recyclables for hire without first receiving a license pursuant to this chapter.
Existing collector's permits canceled and revoked. As of July 1, 1990 and at least sixty (60) days after the effective date of this chapter, all existing solid waste collector's permits issued by the Town Health Department shall be canceled, revoked and expired. All persons who wish to collect, haul or transport refuse or recyclables for hire in the town must obtain new permits pursuant to this chapter as of July 1, 1990 or within sixty (60) days of its effective date, whichever is later.
Applicants for a new or renewed solid waste collector's permit pursuant to this chapter or existing licensee seeking to modify his or her permit shall file with the Town Director of Health a verified application, in writing, on a form furnished and approved by the Director of Health, who shall have the following information:
The name and description of the applicant.
The permanent home and business address and full local address of the applicant.
The trade and firm name.
If a joint venture, a partnership or limited partnership, the names of all partners, their percentage of participation and the permanent addresses of all the stockholders and the officers and the percentage participation of each.
The names/locations of the designated transfer station, processing facility or disposal area that the applicant will utilize for the disposal of all refuse collected and transported by him. (Said name/location to be acceptable to the Director of Health and in conformance with § 161-5 herein.)
The number of vehicles owned or controlled by the applicant suitable for the collection and transportation of refuse or recyclables, including license numbers and the volume in cubic yards of each.
A statement that his or her vehicles and equipment conform to all applicable provisions of this chapter.
The location or locations where the applicant's equipment is garaged and may be inspected by the Director of Health.
A map of each proposed collection route shown to a size and scale suitable to the Director of Public Works, together with a listing of names of the town roads on each route, the number of residential and commercial customers on each route and the day of the week regular collection service will be provided on that route. Said route listings are to be tallied to give the total number of residential and commercial customers proposed to be served accurately and up to the date of the application submitted.
The rate or rate schedule the applicant proposes to charge residential or commercial customers in the Town of Mansfield.
A detailed estimate of the volume of refuse expected to be collected and transported to a designated town disposal area for a period of one (1) year.
The applicant's relevant municipal solid waste collection experience.
Such other information as the Director of Health shall require.
All applications shall be accompanied by a filing fee for each application for the issuance of a new permit, the renewal of an existing permit or the modification of an existing permit.
The Director of Health shall conduct such investigation of each application as he or she shall deem necessary so as to be able to recommend to the Town Manager whether said application should be granted in whole, in part, or denied. Such recommendation shall include the Director of Health's findings based on the information contained in the application submitted and the applicant's relevant municipal solid waste collection experience concerning the ability of the applicant to properly perform the service proposed and to conform to the provisions of this chapter and the rules and regulations of the town and his or her conclusion as to whether the proposed service is or will be required by the present or future public convenience and necessity.
Upon receipt of the recommendation of the Director of Health, the Town Manager may approve, either in whole or in part, or conditionally approve the application upon finding that:
Upon approval or conditional approval, the Director of Health shall issue the appropriate permit. In the event either required finding is not made, the application shall be denied.
All collection permits issued under this chapter shall be effective for two (2) years from the date of issuance unless otherwise provided or revoked or suspended. As provided for hereinabove in Subsection E, all existing collection permits are deemed expired on July 1, 1990 or sixty (60) days after the effective date of this chapter, whichever is later, and all collectors must apply for new permits as provided for herein, or be in violation of the provisions of this chapter.
No permit granted pursuant to the provisions of this chapter shall be sold, transferred, leased, assigned, mortgaged, pledged, hypothecated or otherwise encumbered or disposed of in whole or part, directly or indirectly, whether voluntarily or by operation of law or through any stock transfer, transfer in trust, change in control, consolidation or merger, without the prior written consent of the Town Manager. The Town Manager may grant or deny such a request or may require that the proposed transferee apply for its own license and may impose such conditions as he or she may deem to be in the public interest. Any disposition made without such consent shall constitute good cause for revocation of the affected permit.
Any permit issued under the provision of this chapter may be suspended, canceled or revoked on ten (10) days' written notice mailed to the last business address of the permittee, which shall be transmitted by certified mail, return receipt requested, upon the following:
Any permittee fails or refuses to comply with the provisions of this chapter, any regulations adopted by the MRRA pursuant to this chapter or the applicable rules and regulations of the town.
The permit is not exercised for any continuous thirty-day period.
The permittee has assigned, either voluntarily or by operation of law, any permit issued hereunder without the prior written approval of the Town Manager.
If the Director of Health finds that the vehicles used or proposed to be used by the permittee for the collection and transportation of refuse are insufficient, unfit, violate the provisions of this chapter, violate state health code requirements or violate the town regulations adopted in accordance with this chapter.
All permittees under the provisions of this chapter shall keep and maintain such records as the Town Manager may require to ascertain the extent of compliance with this chapter and shall make the financial or business records of the permittee's operation available for inspection by the Town Manager if so requested.
Each vehicle hauling refuse in the town under permit shall carry at least a shovel, broom and appropriate type of fire extinguisher.
Permittees shall arrange to have their equipment inspected in July of each year for certification by the Director of Health that their equipment conforms to the regulations of this chapter.
The MRRA, acting by and through the Town Manager, the Town Director of Health and the Town Director of Public Works, and their duly authorized representatives, is hereby specifically required to enforce the provisions of this chapter, and shall have the right to enter any and all premises for the purpose of determining whether provisions of this chapter are being conformed with, and any person denying or obstructing such entry shall be in violation of this chapter.
Any person who shall violate any provision of this chapter or any provision of any regulation adopted by resolution of the MRRA pursuant to the authority granted by this chapter shall be guilty of an infraction, and each failure to comply and each continuing day of violation shall constitute a separate infraction.
The Tax Collector, acting under the supervision and regulations of the MRRA, shall prepare bills for solid waste or recycling collection, transportation and disposal services, to collect the same from each of the owners of property so served, and to deposit said revenues to the credit of said MRRA.
Bills shall be due and payable at such time as is fixed by the MRRA. The MRRA shall have notice of the date when bills are due and payable by direct mail along with the issuance of said bills. Bills shall be due and payable thirty (30) days after the date said bills are mailed.
Any bill for solid waste or recycling services not paid within thirty (30) days after the due date shall be delinquent and shall be subject to interest from such due date at the interest rate and in the manner provided by the General Statutes for delinquent property taxes. Each addition of interest shall be collectible as part of such bill. Whenever any bill becomes delinquent, the interest on such delinquent bill shall be as provided as hereinbefore, or five dollars ($5.), whichever is greater. Any unpaid bill and any interest due thereon shall constitute a lien upon the real estate against which the bill was made from the date of such levy. Each such lien shall have the same priority as that accorded property tax liens and shall be continued, recorded, collected, enforced and released by the Tax Collector of the Town of Mansfield in the same manner as property tax liens.