[Adopted 12-28-1990 by Ord. No. 194]
There is established a Town solid waste recycling program with standards to effect the maximum level of recycling of solid waste and source separation.
The Chief Administrative Officer or his designee shall be the administrator of the recycling program and is vested with full powers to develop and operate a recycling program consistent with this article and the laws and regulations of the state.
The recycling of solid waste is a responsibility of the Town of Canton and of each residence and business within the Town as contained in §§ 22a-241 to 22a-241h, inclusive, and §§ 22a-220 and 22a-220a, inclusive, of the General Statutes.
It is consequently found and declared that:
Pursuant to § 22a-241b of the General Statutes, on and after January 1, 1991, each person who generates solid waste from residential property shall separate from other solid waste the items designated for recycling pursuant to said statute and every other person (business or institution) who generates solid waste shall make provision for the separation from other solid waste of the items so designated;
Under § 22a-220(f)(1) of the General Statutes, the Town shall, by January 1, 1991, adopt an ordinance to assure that persons, businesses and waste haulers comply with recycling requirements, and the Town shall provide the Department of Environmental Protection with the name, address, and phone number of the person to receive information and respond to questions regarding recycling from the Department on behalf of the municipality;
The public health, safety, and welfare of the Town shall be best served by the recycling of those items so designated by the Department of Environmental Protection;
Editor's Note: The State of Connecticut renamed the Department of Environmental Protection (DEP) as the Department of Energy and Environmental Protection (DEEP).
The enactment of this article will enable the Town to effectuate the separation and collection of certain recyclable material, thereby fulfilling the Town's obligations under applicable state law and regulations; and
The successful operation of the recycling program may require the issuance of regulations and instructions setting forth procedures to be followed by residents, businesses and institutions, collectors, and others. The administrator of the recycling program is authorized and directed to promulgate such regulations and instructions which shall be binding upon all persons within the Town in order to effect an efficient and economical recycling program consistent with this article and applicable state law and regulations.
For the purpose of this article, the terms below shall have the following meanings:
- Corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
- Any person who holds himself out for hire to collect solid waste from residential, business, commercial, and other establishments within the Town and particularly such person who has been authorized by the Town to collect solid waste within the Town.
- The Commissioner of Environmental Protection of the State of Connecticut or his authorized agent.
- GENERAL STATUTES
- The General Statutes of Connecticut.
- 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.
- INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING CENTER
- A facility where glass, metals, paper products, batteries, and other items are removed from the waste stream for recycling or reuse.
- 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.
- 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, excluding office paper generated by households.
- Any individual, organization, corporation, trust, partnership, foundation, group, association, or establishment or any combination of them.
- RECYCLABLES or ITEMS REQUIRED TO BE RECYCLED or STATUTORY RECYCLABLE MATERIALS
- Cardboard, glass food and beverage containers, metal food and beverage containers, newspaper, office paper, scrap metal, storage batteries, and waste oil, as defined herein, and such other items as may be designated by the Commissioner.
- 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.
- The processing of solid waste to reclaim material therefrom.
- RECYCLING BOX or RECYCLING CONTAINER
- Any box or container designated as a recycling container by the Town.
- 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.[Amended 12-14-2011]
- SCRAP METAL
- Used or discarded items which consist predominately 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, and trailers.
- To prepare items for recycling by dividing them into designated categories.
- 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, wood burning facility, or biomedical waste treatment facility.
- 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.
- The Town of Canton and includes authorized officers, boards, commissions, and agencies of the Town.
- TRANSFER STATION
- The site and depository to which solid waste and items to
be recycled may be deposited for hauling to any place designated or
approved by the Town.[Amended 12-14-2011]
- WASTE OIL
- Crankcase oil that has been utilized in internal combustion engines.
Each person owning or occupying property, whether it be residential, business, or institutional, shall separate or cause to be separated from other solid waste the following items for recycling:
Glass food and beverage containers;
Metal food and beverage containers;
Office paper (business and institutional users only); and
Such other items as may be designated in the future by the Town or the state.
All persons shall either use the Town's transfer station or engage the services of the collectors or other person authorized hereunder to dispose of recyclable items.
The Town shall cause containers designated for recycling items to be located at the transfer station.
Items to be recycled shall no longer be co-mingled with other solid waste, and neither solid waste containing items to be recycled nor items to be recycled containing other solid waste shall be accepted at the transfer station or by collectors or by any other person authorized hereunder to receive items to be recycled.
All persons disposing of items to be recycled at the transfer station or disposing of items to be recycled through collectors shall place such items to be recycled in appropriate recycling containers.
Collectors shall deliver items to be recycled to an intermediate processing center or to such other locations designated by the Town and shall pay or otherwise arrange for payment of recycling charges.
It shall be a violation of this article for any person not authorized by the Town to collect or pick up, or cause to be collected or picked up, any items to be recycled which have been deposited at the transfer station or which have been placed outside or otherwise set aside for collection. From the time of deposit at the transfer station, recyclable items become the property of the Town.
Nothing in this article shall abridge the right of any person, partnership, firm, or corporation to give or sell his or its recyclables, including deposit beverage containers, to any person, partnership, firm, corporation, or recycling program lawfully operated for profit, nonprofit, or charitable purposes, provided that such recyclables shall not have been deposited at the transfer station, set out on the curb, or placed at any designated collection or pickup site authorized by the Town or its designated agent.
The administrator of the recycling program shall be responsible for and shall arrange for the items listed above generated from residential properties to be collected and delivered to the regional intermediate processing center, or to such other designated site, in accordance with the provisions of this article and applicable state law and regulations.
The administrator of the recycling program shall take appropriate action to cause each owner of property used for business, institutional, and/or other nonresidential purposes, at such owner's expense, to collect and have recycled the items listed above in accordance with the provisions of this article and applicable state laws and regulations.
The administrator of the recycling program may require nonresidential generators to submit to the Town plans for recycling and periodic reports setting forth specified data relating to the amount and nature of items recycled.
The administrator of the recycling program, with the consent of the Board of Selectmen, may require the separation and recycling of items in addition to those designated above.
Any collector hauling solid waste generated by residential, business, or other establishments within the Town shall register in the Town within 30 days of the effective date of this article and shall disclose the name of any other municipality in which such collector hauls solid waste. The administrator of the recycling program is authorized and directed to establish reasonable requirements and qualifications for a person to be a collector of solid waste within the Town. A permit and payment of a permit fee may be required.
The door of any private vehicle used to haul solid waste generated within the Town shall be clearly marked with the business name and address of the hauler.
The administrator of the recycling program shall, by mail, give notice of this article and any other processing and marketing of items required to be recycled to all collectors registered under Subsection A of this section. After such notice, any collector who has reason to believe that a person from whom he 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 collector or by the Town of violating separation requirements. Each collector shall also assist the Town to identify any person responsible for creating loads containing significant quantities of items required to be recycled mixed with solid waste which are delivered to a resources recovery facility or solid waste facility by the collector.
On and after January 1, 1991, as required by Subsection (b) of § 22a-220c of the General Statutes, 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 vehicle delivering the load and to the administrator of the recycling program if the load originated within the Town. Under said Subsection (b) of § 22a-220c of the General Statutes, the owner or operator of each resource recovery facility or solid waste facility is also required to conduct unannounced inspections of loads delivered to resources recovery facilities or solid waste facilities.
Any collector who dumps more than one cubic foot in volume of solid waste at one time in an area not designated for such disposal or who knowingly mixes other solid waste with items required to be recycled shall be subject to civil penalties as provided by state law.
The Town, by action of the Board of Selectmen, may levy a charge for the collection and/or processing of solid waste brought to the transfer station for recycling.
The Town may contract with other persons for assistance in complying with the provisions of this article.
The administrator of the recycling program shall serve as the Town liaison agent with the Commissioner with respect to receiving information and responding on behalf of the Town to questions regarding recycling from the Department of Environmental Protection. In the event that the person serving as the Town liaison agent with the Commissioner is changed, the Town, within 30 days of the change, shall provide the Commissioner with the name, address, and telephone number of the newly designated person.
Notices from collectors and operators of resources recovery facilities and solid waste facilities referred to in § 369-9C and D above shall be submitted to the administrator of the recycling program.
Editor's Note: Original § 10, Annual report to Department of Environmental Protection, which immediately followed this section, was deleted 12-14-2011.
Notwithstanding any other section of the General Statutes to the contrary, the Town, acting by its administrator of the recycling program, 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 set forth in § 369-8 of this article.
The owner or operator of any solid waste volume reduction facility, resource 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 to be recycled as required by this article 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, or the Attorney General, at the request of the Commissioner, may bring an action under General Statutes § 22a-220d.
Any person who violates the provisions of this article shall, in addition to other legal remedies available to the Town, be cited or fined not more than $500 for each offense, and each violation of this article or of regulations and instructions promulgated pursuant to this article shall be a separate violation. This article and the regulations and instructions promulgated pursuant to this article 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 Connecticut General Statutes.