[HISTORY: Adopted by the Board of Selectmen
of the Town of Weston 12-6-1990, effective 1-2-1991. Amendments noted where applicable.]
The Board of Selectmen shall regulate and control
the separation, preparation, collection, depositing, receiving, disposal
and removal of all solid waste, garbage, rubbish, trash, refuse and
recyclables within the Town of Weston and charge reasonable fees to
license and to defray the costs in whole or in part for providing
such solid waste disposal facilities and services and the cost of
regulating such activities.
A.
Except where specifically defined herein, all words
shall carry their customary meaning. All words used in the present
tense include the future tense; words in the singular number include
the plural number and vice versa; the word "premises" shall include
land and buildings thereon; the word "occupied" or "used" shall be
considered as though followed by the words "or intended, arranged
or designed to be used or occupied," unless the natural construction
of the wording indicates otherwise; and the word "shall" is always
mandatory. In the event of a conflict of terms or definitions, the
more restrictive shall apply.
B.
ACCEPTABLE RECYCLABLE MATERIALS
CARDBOARD
COLLECTOR
COMMINGLED
DWELLING OCCUPANT
DWELLING UNIT
GENERAL STATUTES
GLASS FOOD AND BEVERAGE CONTAINER
HAZARDOUS WASTE
(1)
(2)
(3)
HDPE (HIGH-DENSITY POLYETHYLENE) PLASTIC CONTAINER
INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING
CENTER
LEAVES
METAL FOOD AND BEVERAGE CONTAINER
NEWSPAPER
OFFICE PAPER
PERSON
PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGE CONTAINER
RECYCLABLES or ITEMS TO BE RECYCLED or STATUTORY RECYCLABLE
MATERIALS
RECYCLE
RECYCLING
RECYCLING FACILITY or RECYCLING CENTER
REFUSE
RESIDENTIAL PROPERTY
SCRAP METAL
SCRAP TIRES
SMALL BUSINESS ESTABLISHMENT
SOLID WASTE
STORAGE BATTERY
SWEROC
WASTE OIL
As used in this chapter, the following terms shall
have the meanings indicated:
Those items to be received and processed at the SWEROC Regional
Intermediate Processing Center, including glass food and beverage
containers, metal food and beverage containers, newspaper and certain
HDPE and PET plastic food and beverage containers and other recyclables
determined by SWEROC and the State Department of Energy and Environmental
Protection.
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
with the Town.
To be combined or mixed together.
The owner, tenant or other occupant of a dwelling unit, whether
or not in the same building with other dwelling units.
Any room or group of rooms located within a building and
forming a single, habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The General Statutes of Connecticut, as amended.
A glass bottle or jar of any size or shape used to package
food or beverage products suitable for human or animal consumption.
Any waste material, except by-product material, source material
or special nuclear material, as defined in Connecticut General Statutes
(C.G.S.) § 22a-115, which may pose a present or potential
hazard to human health or the environment when improperly disposed
of, treated, stored, transported, or otherwise managed, including:
Hazardous waste identified in accordance with
Section 3001 of the Federal Resource Conservation and Recovery Act
of 1976 (42 U.S.C. § 6901 et seq.);
Hazardous waste identified by regulation by
the Connecticut Department of Energy and Environmental Protection;
and
Polychlorinated biphenyls in concentrations
greater than 50 parts per million.
Any high-density polyethylene bottle, jar or container of
any size or shape used to package food or beverage products suitable
for human or animal consumption or used for household laundry products
or motor oil which is marked on the bottom with the number "2" encircled
by the recycling symbol.
A facility where glass, metals, paper products, batteries,
household hazardous waste, fertilizers and other items are removed
from the waste stream for recycling or reuse.
The 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.
Any polyethylene terephthalate bottle, jar or container of
any size or shape used to package food or beverage products suitable
for human or animal consumption which is marked on the bottom of the
bottle, jar or container with the number "1" encircled by the recycling
symbol.
Cardboard, glass food and beverage containers, metal food
and beverage containers, newspaper, certain HDPE and PET plastic food
and beverage containers, office paper, scrap metal, storage batteries
and waste oil, as defined herein, and such other items as may be designated
by the Board of Selectmen.
To separate or divert an item or items from the solid waste
stream for the purposes of processing them or causing them 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.
Land and appurtenances thereon and structures where recycling
is conducted, including but not limited to an intermediate processing
center.
Garbage, rubbish, and organic wastes, excluding therefrom
body waste, bulky waste, demolition material, hazardous wastes, and
recyclable materials.
Real estate containing one or more dwelling units, excluding
hospitals, institutions, motels and hotels.
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, such as refrigerators,
washers and dryers, and metal containers.
Discarded rubber or synthetic rubber tires used by or manufactured
for automobiles, vans, pickup trucks, motorcycles and other types
and/or sizes as may be approved by the Board of Selectmen.
Any business or professional office or business enterprise
with not more than five full-time employees, including owners and
managers.
Any solid, liquid, semisolid or contained gaseous material
that is unwanted or discarded, including but not limited to material
processed at a recycling facility.
Lead acid batteries or other batteries used in motor vehicles,
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
The Southwest Connecticut Regional Recycling Operating Committee
created by the intercommunity agreement among the towns and cities
in southwest Connecticut to establish a regional recycling program.
Crankcase oil that has been utilized in internal combustion
engines.
A.
All solid waste generated within the boundaries of
the Town of Weston shall be disposed of at the Town's transfer station
site or other sites as may be designated or approved by the Board
of Selectmen. Any nonresidential generator of such waste shall submit
a request for designation and approval of such other sites to the
Board of Selectmen, which shall approve, disapprove or approve with
conditions such other site within 60 days of the receipt of such request.
(1)
The Town of Weston shall provide, within the Town's
transfer station site or sites, facilities for receiving refuse, recyclables,
bulky waste and demolition materials from residential properties by
residents only and recyclables from small business establishments.
(2)
In accordance with the Ordinance Regulating Recycling
of Solid Waste in the Town of Weston, Connecticut,[1] the Board of Selectmen designates the Town's transfer
station site to be the location of the recycling center, and pursuant
to § 22a-220a of the Connecticut General Statutes the Board
of Selectmen designates the SWEROC Intermediate Processing Center
as the facility where all recyclable glass, metal, plastic food and
beverage containers, newspaper and cardboard generated by residential
properties within the Town of Weston shall be taken for processing.
Unless the Board of Selectmen has given written authorization therefor,
the processing or sale of recyclables from residential properties
at any other processing facility shall be prohibited.
(3)
All businesses and nonprofit organizations operating
within the Town of Weston shall provide the Board of Selectmen, on
a form approved by it, with a quarterly accounting of all items recycled
by type, tonnage and method of disposal, if such items are deposited
at locations other than the Weston transfer station.
B.
Separation of recyclables.
(1)
The following items shall be separated from other
residential solid waste and shall be delivered by licensed collectors
or residents at locations designated within the transfer station site:
(a)
Glass food and beverage containers.
(b)
Metal food and beverage containers.
(c)
PET (polyethylene terephthalate) plastic food
and beverage containers.
(d)
HDPE (high-density polyethylene) plastic food
and beverage containers.
(e)
Newspaper.
(f)
Cardboard.
(g)
Scrap metal.
(h)
Storage batteries.
(i)
Waste oil.
(j)
Such other items as may be designated by the
Board of Selectmen.
(2)
The following items shall be separated from other nonresidential solid waste and shall be deposited by licensed collectors and/or small business establishments by temporary permit, as per § 225-6C hereof, at locations designated within the transfer station site or at the designated intermediate processing center or at a private processing center approved by the Board of Selectmen:
(a)
Glass food and beverage containers.
(b)
Metal food and beverage containers.
(c)
PET (polyethylene terephthalate) plastic food
and beverage containers.
(d)
HDPE (high-density polyethylene) plastic food
and beverage containers.
(e)
Newspaper.
(f)
Cardboard.
(g)
Office paper.
(h)
Scrap metal.
(i)
Storage batteries.
(j)
Waste oil.
(k)
Such other items as may be designated by the
Board of Selectmen.
C.
Preparation of recyclables.
(1)
Glass, metal and plastic food and beverage containers
shall be commingled in a collection container. All food and beverage
containers shall be rinsed clean with all plastic and metal caps removed
(labels may be left on). Glass food and beverage containers should
be unbroken. Large plastic containers may be flattened to save space.
Deposit for redemption beverage containers should not be crushed.
(2)
HDPE plastic recyclable containers for nonhazardous
materials such as motor oil and detergent shall be well drained.
(3)
Newspaper shall be separated from other recyclables,
tied four ways with string or twine in bundles approximately eight
inches in height and kept dry.
(4)
Cardboard (corrugated) and kraft paper containers
shall be flattened and tied in bundles.
A.
The following solid waste items may be collected within
Weston and delivered to the designated transfer station site as follows:
(1)
Refuse.
(a)
Collection by licensed collectors between 6:00
a.m. and 6:30 p.m. Monday through Friday.
(b)
Delivery by licensed collectors between 8:00
a.m. and 3:30 p.m. Monday through Friday.
(c)
Delivery by residents between 8:00 a.m. and
4:00 p.m. Monday through Friday and 9:00 a.m. and 3:00 p.m. Saturday.
(2)
Glass, metal and designated plastic food and beverage
containers and newspapers (bundled).
(a)
Collection by licensed collectors between 6:00
a.m. and 6:30 p.m. Monday through Friday and 8:00 a.m. and 4:00 p.m.
Saturday.
(b)
Delivery by licensed collectors between 8:00
a.m. and 4:00 p.m. on Wednesdays, Thursdays and Fridays.
(c)
Delivery by residents between 8:00 a.m. and
4:00 p.m. Monday through Friday and 9:00 a.m. and 3:00 p.m. Saturday.
(4)
Scrap metal, storage batteries and waste oil: delivery
by residents 8:00 a.m. to 4:00 p.m. Monday through Friday and 9:00
a.m. to 3:00 p.m. Saturday.
(5)
Bulky waste, tires and demolition material: delivery
by residents Wednesday 8:00 a.m. to 4:00 p.m. and Saturday 9:00 a.m.
to 3:00 p.m.
B.
No collectors or vehicles with commercial plates will
be allowed to use the designated transfer station site on Saturdays
without the prior approval of the First Selectman or Town Administrator,
upon four hours' notice.
C.
The transfer station will be closed on Sundays and
on holidays designated by the Board of Selectmen.
A.
It shall be unlawful for any person not licensed by
the Town of Weston to engage in the business of collecting, transporting
or disposing of refuse or recyclables generated within the Town for
compensation. Nonprofit organizations that collect recyclables for
fund-raising purposes shall be exempt from the fee provisions of these
regulations.
B.
Each person desiring to engage in the collection,
transportation or disposal of refuse and/or recyclables for hire within
the Town shall make a written application to the Board of Selectmen
or its authorized agent on a form provided for that purpose, setting
forth the name of such person, such person's address or address of
place of business and a description of the equipment to be used in
such collection, transportation or disposal of refuse and/or recyclables.
The application shall be accompanied by a certificate of public liability
insurance in an amount not less than $100,000/$500,000 and a certificate
of workers' compensation insurance in accordance with the state law.[1]
C.
Each license issued by the Town shall expire on the
30th day of June each year. Licenses shall be renewed annually in
the same manner upon payment of the license fee. Licenses are nontransferable
and nonassignable.
A.
The Board of Selectmen shall set a permit fee for
each vehicle used by a collector or by an occupant of residential
property used to collect, transport and dispose of refuse and/or recyclables.
The Board of Selectmen may adjust such permit fee from time to time
to offset the operational costs incurred by the Town. Each permit
issued by the Town shall expire on the 30th day of June of each year.
Permits shall be renewed annually in the same manner upon payment
of the applicable permit fee. Permits are nontransferable.
B.
Individuals wishing to dispose of refuse, recyclables
or bulky waste generated within the residential property which they
occupy within the Town of Weston must obtain a permit (decal) to enter
the designated transfer station site. Permits (decals) may be issued
for not more than two vehicles per dwelling unit.
C.
Small business establishments wishing to dispose of
glass, metal and plastic food and beverage containers, newspaper,
cardboard and office paper only on a periodic basis may obtain a temporary
permit which shall be valid for one day only. Temporary permits may
be issued no more frequently than once a month. The party seeking
the permit shall identify the items to be disposed of, their volume
or quantity, and the vehicle to be used to deliver the items to the
transfer station site.
D.
Disposal fees.
(1)
The Board of Selectmen shall establish a schedule
of fees for:
(a)
The disposal of refuse, bulky waste, tires and
demolition material by residents.
(b)
The disposal of refuse by collectors.
(c)
The disposal of recyclables by residents.
(d)
The disposal of recyclables by collectors.
(e)
The disposal of certain designated recyclables
by small business establishments.
A.
Vehicles used to collect refuse and/or recyclables
shall be of the covered type designed to keep the contents dry and
constructed to prevent leakage, access of flies, or the scattering
of the contents. They shall be kept clean and in proper operating
condition.
B.
Vehicle bodies used to collect and transport refuse
may not be used to transport recyclables and vice versa.
C.
Before any vehicle is employed in the collection of
refuse and/or recyclables by a collector, the Board of Selectmen shall
require the following written approvals:
D.
Prior to obtaining a collector's license or renewing
a collector's license, all vehicles to be used for collection and
transport shall be inspected by the Weston Police Department to see
that they meet all state motor vehicle requirements and are in good
working order.
E.
All collectors' vehicles shall be kept clean and free
from exterior debris. All seals shall be maintained to prevent leakage
and shall be covered to prevent littering and keep contents dry.
F.
All collectors' vehicles shall be clearly marked on
the two front doors with the name, address and telephone number of
the collector in lettering not less than three inches in height and
must display the Town of Weston's identification decal on the front
right windshield.
G.
All residential vehicles using the designated transfer
station must display the Town of Weston's identification decal on
the front right windshield.
H.
Town of Weston vehicles may collect from Town government
agencies and transport and dispose of solid waste, including recyclables,
at the designated transfer station or at a site approved by the Board
of Selectmen.
A.
It shall be unlawful for any person, except for nonprofit organizations exempted by § 225-5, who is not licensed by the Town of Weston, in accordance with these regulations, to engage in the business of collecting, delivering, transporting or disposing of refuse and/or recyclables in the Town of Weston for compensation.
B.
It shall be unlawful for any person not authorized
and/or licensed by the Town to collect or take recyclables which have
been placed outside or otherwise set aside for collection within the
Town of Weston.
C.
No person shall deposit at the designated transfer
station any refuse containing any recyclables. The Town retains the
right to inspect any refuse deposited at the transfer station and
to reject said refuse if it is found to contain substantial amounts
(more than one cubic foot per load) of recyclables.
D.
No person shall deposit any recyclables contaminated
or mixed with refuse or other nonrecyclables at the designated transfer
station site.
E.
No collector shall be required to take refuse from
a residence or place of business within the Town that contains any
recyclables.
F.
Any person who violates any provision of these regulations
shall, in addition to other legal remedies of the Town of Weston and
the State of Connecticut, be fined not more than $100 for each offense,
and each act of collecting, transporting or disposing of solid waste
shall be a separate violation.
G.
Whenever a licensed collector or resident persistently
violates the provisions of these regulations, the Board of Selectman
may suspend its license or his or her permit.
H.
Any business establishment that violates any provision
of these regulations may be fined not more than $500 for each offense.
I.
All collectors licensed under these regulations shall
be notified by certified mail of the provisions made for the collection
and delivery of the items which are required to be recycled by state
and local laws, ordinances, and regulations. After the mailing of
such notice, any collector, pursuant to Public Act No. 90-249,[1] that knowingly mixes other solid waste with items designated
for recycling shall, for a first violation, be liable for a civil
penalty of not more than $1,000 and, for each subsequent violation,
be liable for a civil penalty of not more than $5,000. At the request
of the Commissioner of Energy and Environmental Protection, the Town
of Weston or the Attorney General may bring an action, pursuant to
Public Act No. 90-249, as amended and/or supplemented, to enforce
this penalty.
[1]
Editor's Note: See § 22a-220d of
the Connecticut General Statutes.
The invalidity of any section or provision of
these regulations shall not affect the validity of any other part,
which shall be given effect to the extent it is possible to do so
without reference to such invalid part or parts.
