[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.
[Amended 12-14-2011]
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.
A.Â
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.
B.Â
It is consequently
found and declared that:
(1)Â
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;
(2)Â
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[1] 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;
[1]
Editor's Note: The State of Connecticut renamed the Department
of Environmental Protection (DEP) as the Department of Energy and
Environmental Protection (DEEP).
(3)Â
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;[2]
[Amended 12-14-2011]
[2]
Editor's Note: The State of Connecticut renamed the Department
of Environmental Protection (DEP) as the Department of Energy and
Environmental Protection (DEEP).
(4)Â
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
(5)Â
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[1] or his authorized agent.
The General Statutes of Connecticut.
A glass bottle or jar of any size or shape used to package
food or beverage products suitable for human or animal consumption.
A facility where glass, metals, paper products, batteries,
and other items are removed from the waste stream for recycling or
reuse.
Foliage of trees.
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.
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.
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.
Any box or container designated as a recycling container
by the Town.
Land and appurtenances thereon and structures where recycling
is conducted, including but not limited to an intermediate processing
center.
Real estate containing one or more dwelling units, excluding
hospitals, institutions, motels, and hotels.
A facility utilizing processes to reclaim energy from municipal
solid waste.
[Amended 12-14-2011]
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.
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, liquid, semisolid, or contained gaseous material that
is unwanted or discarded, including but not limited to material processed
at a recycling facility.
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.
Any solid waste disposal area, volume reduction plant, transfer
station, wood burning facility, or biomedical waste treatment facility.
The State of Connecticut.
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.
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]
Crankcase oil that has been utilized in internal combustion
engines.
[1]
Editor's Note: The State of Connecticut renamed the Department
of Environmental Protection (DEP) as the Department of Energy and
Environmental Protection (DEEP).
A.Â
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:
(1)Â
Cardboard;
(2)Â
Glass food and beverage containers;
(3)Â
Metal food and beverage containers;
(4)Â
Newspaper;
(5)Â
Scrap metal;
(6)Â
Storage batteries;
(7)Â
Waste oil;
(8)Â
Office paper (business and institutional users only);
and
(9)Â
Such other items as may be designated in the future
by the Town or the state.
B.Â
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.
C.Â
The Town shall cause containers designated for recycling
items to be located at the transfer station.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
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.
L.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
[Amended 12-14-2011]
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.
A.Â
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.[1] 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.
[1]
Editor's Note: The State of Connecticut renamed the Department
of Environmental Protection (DEP) as the Department of Energy and
Environmental Protection (DEEP).
B.Â
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.[2]
[2]
Editor's Note: Original § 10, Annual
report to Department of Environmental Protection, which immediately
followed this section, was deleted 12-14-2011.
A.Â
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.
B.Â
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.
[Amended 12-14-2011]
C.Â
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.
[Amended 12-14-2011]
