[Adopted 12-19-2007 by Ord. No. 229]
The purpose of this article is to provide an
overall plan for managing and controlling the disposition of solid
waste in the Town, pursuant to §§ 7-148(c)(4)(H) and
22a-220 of the Connecticut General Statutes. This article places primary
responsibility for administering the plan on the Chief Administrative
Officer and, with the rapidly changing developments in disposing of
solid waste, provides authority for the Board of Selectmen to promulgate
regulations.
As used in this article, the following words
and phrases shall have the meanings indicated:
Tree trunks, stumps, building materials, furniture, appliances,
and other items as are defined as bulky waste by the regulations of
the Department of Environmental Protection.[1]
A commercial, industrial, or professional establishment,
enterprise or use.
A use related to a business.
The Chief Administrative Officer of the Town or his/her designee.
Any person who holds himself, herself, or itself out for
hire to collect and/or transport solid waste from residences, businesses
or other establishments or from the transfer station.
Collection by a collector under a formal agreement with the
Town in which the rights and duties of the respective parties are
set forth.
A building, structure, unit, or portion thereof providing
complete housekeeping facilities and serving as a domicile for one
family (excluding, for example, hospitals, motels, and hotels). The
term "dwelling unit" shall be deemed to exclude any portions of a
multifamily dwelling that are not part of a separately owned or separately
leased single-family domicile, including but not limited to common
hallways, roofs, exterior walls and windows, and common fixtures.
Any facility that the Town uses for the disposal of solid
waste.
[Amended 12-14-2011]
Those substances possessing radioactive, caustic, toxic,
explosive, or pathological properties, including those substances
considered hazardous or toxic under any law or regulation of any federal
or State of Connecticut agency.
Any legal entity, other than a natural person, that does
not constitute a business (i.e., churches, government agencies, etc.).
A collector who has received a license from the Town in accordance
with this article.
A unit of real property, not divided by streets, that is
separately described in the Canton Land Records and separately identified
as an independent parcel of land on the Grand List.
Any building or group of buildings containing more than one
dwelling unit on a single lot.
The process of collecting, sorting, separating, treating,
altering, and reconstituting solid waste or other discarded material
for purpose of reuse.
A dwelling unit.
Solid waste generated from a dwelling unit, but excludes,
with respect to leased dwelling units, any solid waste derived from
materials that are not owned by the lessee, including but not limited
to any materials comprising the building within which the dwelling
unit is located.
A use related to a person's residence.
Unwanted or discarded materials, including solid, liquid,
semisolid, or contained gaseous materials.
The location or facility owned, rented, or leased by the
Town specifically designated and set aside for the receipt and transfer
of solid waste. The present transfer station is located off Ramp Road.
The Town may change the location of the transfer station at any time
at its discretion.
[1]
Editor's Note: The State of Connecticut renamed the Department
of Environmental Protection (DEP) as the Department of Energy and
Environmental Protection (DEEP).
[Amended 12-14-2011]
The Chief Administrative Officer or his designee
shall administer and manage solid waste service within the Town.
All solid waste generated in the Town shall
be disposed of as follows:
A.
Residential solid waste, solid waste generated by
the Town of Canton, and small volumes of solid waste generated from
multifamily dwellings owned by the Canton Housing Authority may be
brought to the transfer station and such solid waste will be disposed
of there in accordance with directions and signs posted on the premises.
No solid waste may be deposited at the transfer station by collectors
or from businesses or institutions other than the Town of Canton or
the Canton Housing Authority, as set forth herein. (Note: The Town
of Canton and the Canton Housing Authority may define the term "small
volumes" by a memorandum of understanding. In the absence of such
a memorandum, the term "small volumes" shall mean a total volume not
exceeding 64 cubic feet in any one delivery and not exceeding 256
cubic feet per year.)
B.
Residences, businesses, and institutions may arrange
for pickup of solid waste at their respective premises by licensed
collectors who shall transport said solid waste to the facility. Arrangements
for pickup and transportation by licensed collectors at the premises
of residences, businesses, and institutions shall be arranged by the
occupant and/or the owner of the premises with the licensed collector
and shall be paid for by the occupants and/or owners of the premises.
C.
No person shall dispose of any solid waste in the
Town from any other municipality, except with prior written approval
of the Board of Selectmen. Any violation shall be deemed a violation
of this article.
D.
All solid waste, except as otherwise designated for recycled materials, generated within the boundaries of the Town by residences or from locations owned by the Town or the Canton Housing Authority, as set forth in Subsection A, shall be disposed of at either the transfer station or the facility. All other solid waste, except as otherwise designated for recycled materials, generated within the boundaries of the Town by businesses or institutions shall be disposed of at the facility. Disposal of solid waste at any other area is prohibited, unless approved in writing, prior to disposal, by the Chief Administrative Officer.
E.
No household hazardous waste shall be brought to the
transfer station and no household hazardous waste shall be given to
collectors for delivery to the facility. From time to time arrangements
will be made for licensed household hazardous waste handlers to be
made available for purposes of receiving household hazardous waste
from residences and institutions within the Town.
F.
Bulky waste may be brought to the transfer station
and deposited there in accordance with regulations issued by the Board
of Selectmen, directions of Town employees at the transfer station,
and signs on the premises. Persons eligible to bring bulky waste to
the transfer station will be limited to those eligible to bring solid
waste to the transfer station. The Board of Selectmen is authorized
to establish additional fees for such services.
The cost of disposing of solid waste shall be
paid for in accordance with the following provisions:
A.
The Town shall pay the cost of maintaining and operating
the transfer station, the cost of transporting solid waste from the
transfer station to the facility, the cost of tipping fees charged
by the facility for solid waste delivered from the transfer station,
and the cost of tipping fees charged by the facility for solid waste
delivered by licensed collectors from residences or from locations
owned by the Town.
C.
The Board of Selectmen may establish fees by regulation
for bringing solid waste to the transfer station.
D.
The Chief Administrative Officer, subject to the approval
of the Board of Selectmen, shall establish a system with licensed
collectors and the facility under which all licensed collectors transporting
waste from the Town to the facility may gain access to the facility
and the Town shall only be responsible for and billed for those tipping
fees for the waste transported by licensed collectors from the transfer
station to the facility and the waste transported by licensed collectors
from residences or from locations owned by the Town. All other tipping
fees at the facility shall be the responsibility of the collectors.
The Board of Selectmen may modify the costs described in this section
by regulation.
The Board of Selectmen shall establish hours
of operation and procedures for using the transfer station. Any violation
of said hours or of said rules shall be deemed a violation of this
article.
The Chief Administrative Officer, subject to the approval of the Board of Selectmen, shall establish a system under which persons bringing solid waste to the transfer station may be readily identified as authorized to bring solid waste to the transfer station. No solid waste from nonresidents or businesses and institutions either within or outside the Town shall be accepted at the transfer station except as set forth in § 369-17A. When an identification system is established, only persons having the proper identification shall be permitted to dispose of solid waste at the transfer station.
A.
No collector may operate in the Town without having
obtained a license issued by the Board of Selectmen in accordance
with this article.
B.
If a licensed collector will be performing services
for which the Town may be responsible for paying the transportation
or for tipping fees, the arrangement shall be by contract collection.
C.
Each vehicle utilized by a licensed collector shall
have affixed to it a sticker readily identifying it as having been
licensed by the Town to collect solid waste within the Town. Each
vehicle shall also be clearly marked with the business name and address
of the licensed collector.
D.
All vehicles carrying solid waste in the Town shall
be properly covered to prevent any object from being blown from or
falling from such vehicle. The part of the vehicle used for transporting
and storing solid waste shall be constructed to preclude the escape
of liquids and prevent access of insects or vermin.
E.
Licensed collectors shall not transport at the same
time and in the same vehicle solid waste collected from users for
which the Town is paying the tipping fee and solid waste from any
other users for which the Town is not paying the tipping fees.
F.
All collectors shall be in compliance with all applicable
federal, state, and local laws, regulations, and ordinances.
Prior to the issuance of any such license, an
applicant shall establish that the equipment proposed to be operated
has the necessary licenses and approvals, that the applicant is financially
capable of providing such services, and that he, she, or it can perform
appropriate services and shall provide his, her, or its name and address,
a description of his, her, or its vehicles, and the license fee. An
applicant shall specify in detail what solid waste will be transported
and for whom so that tipping fees shall be paid in accordance with
this article.
[Amended 12-14-2011]
Prior to the Town issuing a license to a collector
to collect and transport solid waste in the Town, each collector shall
pay an initial license fee and an annual fee thereafter. The license
fee shall be paid by all collectors, including existing collectors.
The Board of Selectmen shall, by regulation, set and modify the fees
to be charged pursuant to this section and the fee payment schedule.
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 by this article shall be subject to a fine under § 369-26.
A.
The Board of Selectmen is authorized to adjust fees
and implement new fees by regulation in order to limit costs to the
Town.
B.
The Chief Administrative Officer, subject to the approval
by the Board of Selectmen, is authorized to issue regulations concerning
the use and operation of the transfer station, solid waste pickup,
identification, stickers, and any other subject reasonably related
to the performance of solid waste management services in the Town.
C.
The Board of Selectmen is authorized to issue appropriate regulations for any interpretations regarding the obligations under this article and Article II, Recycling, of this chapter.
D.
Any regulations made by the Board of Selectmen pursuant
to this article shall be made available at the Town Clerk's office.
A.
Any person who violates or fails to comply with the
provisions of this article shall be subject to the following penalties
and fines:
[Amended 12-14-2011]
B.
The Chief Administrative Officer may seek enforcement
of the provisions of this article by a civil action brought by the
Town, and, in such event, the violator shall pay the Town's cost of
any legal action, including reasonable attorneys' fees. In any such
action, the Chief Administrative Officer may seek any of the following
remedies: temporary and/or permanent injunction and removal of the
violation.
C.
Any and all remedies which the Town has in enforcing
this article, at law or in equity, shall be cumulative, and two or
more or all of such remedies may be exercised at the same time.
A.
Licenses issued under the provisions of this article
may be revoked by the Chief Administrative Officer, after reasonable
investigation, for any of the following causes:
B.
Notice of the revocation of a license shall be given
in writing, specifically setting forth the grounds for revocation.
Such notice shall be mailed, postage prepaid, to the licensee at his
or her or its last known address as given in his or her or its application
for a license. The licensee may appeal the decision to revoke a license
to the Board of Selectmen, which after notice and a hearing may overturn
such decision by majority vote of the Selectmen. If a person or entity
has a license revoked, no new license shall be issued to that person
or entity for one year from the day said license is revoked.
This article has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 15, Citations, of this Code shall be followed.
