Town of Brookfield, CT Solid Waste

With respect to multifamily residential dwellings which are common interest communities or condominiums, it shall be the responsibility of the unit owners' association to educate the unit owners with reference to the need and techniques for recycling and to either establish a residential curbside collection program for recyclables for each dwelling unit or to provide, at a convenient location, containers of sufficient size and quantity to receive recyclable materials to be collected from the dwelling units they are intended to serve and to clearly label said containers for their intended use.

With respect to multifamily residential dwellings which are rental units, it shall be the responsibility of the owner of the property to educate the tenants with reference to the need and techniques for recycling and to either establish a residential curbside collection program for recyclables for each dwelling unit or to provide, at a convenient location, containers of sufficient size and quantity to receive recyclable materials to be collected from the dwelling units they are intended to serve and to clearly label said containers for their intended use.

Other residential collection. All residents who are not served by a collector shall arrange to dispose of their recyclables at such dropoff locations as the Board shall prescribe. Occupants of premises within the municipality must apply for a permit to be able to dispose of these recyclables, and said permit shall be displayed in a manner as the Director shall prescribe. Said permit may be revoked or suspended for the reasons and in a manner prescribed for commercial licenses, and appeals therefrom may be taken in the same manner.

Other residential recyclables. All other mandatory recyclables generated from residential properties and not collected by residential curbside collection shall be delivered to such dropoff locations as the Board shall prescribe.

Recyclables from outside the municipality. The dumping or disposal of recyclables at any location as designated by the Board from a source outside of the municipality shall be prohibited. Any dumping or disposal of recyclables from a source outside the municipality at a regionally designated IPC in the name of the municipality shall be prohibited.

Collection, handling and disposal. Collection, handling and disposal of recyclables within or on behalf of the municipality shall only be carried out by persons licensed by the municipality and in accordance with all state and federal laws, including but not limited to the Public Health Code of the State of Connecticut as it shall be amended from time to time, and in a manner as not to pose a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort. Any recyclables collected or transported within the municipality shall be carried in tightly covered vehicles or in tightly covered containers in or on such vehicles. Any recyclables which are collected or transported in open-top vehicles shall be suitably covered so as to prevent scattering litter upon the streets. All vehicles used for collection or transportation of recyclables within the municipality shall be subject to approval of the municipal agent.

Antiscavenging.

Upon placement of recyclables out for residential curbside collection or upon delivery to any disposal location designated by the Board pursuant to provisions of this article, it shall be a violation of this article for any person other than the collector or the authorized agents of the municipality acting in the course of their employment to collect or pick up any such recyclables or cause the same to be collected or picked up.

In addition to the fine imposed for violation of this provision, the violator may be required to make restitution to the municipality for the value of any materials illegally removed. Each and every such collection or pickup in violation of this section from one or more locations shall constitute a separate and distinct violation.

Nothing in this article shall abridge the right of any person to give or sell their recyclables, including deposit beverage containers, to any person, provided that such materials have not been set out for residential curbside collection or delivered to any disposal location designated by the Board.

§ 188-4 Authority and powers.

The municipality shall, through the Board, designate where the following items generated from residential properties shall be taken for processing or sale: cardboard, glass food and beverage containers, leaves, metal food and beverage containers, newspapers, storage batteries and waste oil. The processing or sale of such items at any other area shall be prohibited.

The Board shall not give less than 60 days' notice of its intent to designate where these items from the residential properties shall be taken for processing or sale to all licensed collectors hauling solid waste or such items of the municipality. At the conclusion of such period, the Board shall cause notice of such designation to appear in a newspaper of general circulation in the municipality and shall conduct a public hearing thereon.

The Board is hereby authorized to enact, from time to time, by resolution, such regulations as it shall deem in the public interest regarding separation, collection, recovery, removal and storage of recyclables and enforcement of this article.

The First Selectman shall, and is granted the authority to, designate a person to be contacted by the DEP with inquiries regarding the recycling program.

The First Selectman shall, and is granted the authority to, designate a municipal agent to receive complaints and notices of violations of the separation requirements set forth in the Public Act No. 90-220 and this article.

The Board is hereby authorized to add or delete, from time to time, items on the list of mandatory and optional recyclables so long as such action is not in conflict with the Connecticut General Statutes, Department of Environmental Protection regulations or the Municipal Recycling Service Agreement signed with the HRRA.

The Board is hereby authorized to adopt a fee schedule and a method(s) for ensuring payment of the fees and for depositing any and all recyclables at any municipal or municipally designated disposal facility for recyclables.

The Board, through resolution, shall adopt rules and regulations, from time to time, governing any practice or procedures contained in this article, provided that such rules and regulations are not inconsistent with the Connecticut General Statutes, Department of Environmental Protection regulations or any provisions of this article.

The Board is hereby authorized to employ or make contracts with persons, including the HRRA, for the separation, collection, transportation, processing and/or marketing of recyclables, as provided for in Section 2(d) of Public Act No. 90-220, Section 22a-220(g) of the Connecticut General Statutes, to carry out the provisions of this article.

§ 188-5 Licensing.

Any person collecting refuse or recyclables generated by residential, business, commercial or other establishments in the municipality shall annually register his business and each collection vehicle separately with the municipality on forms prescribed by the municipal agent upon or before the first day of July. Upon registration and payment of an annual permit fee to be established by regulation by the Board, each such collector shall be permitted to collect or continue the collection of solid waste within the municipality.

Each such collector shall disclose the name of any other municipality in which such collector hauls such solid waste. The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the collector. Registrations shall not be transferable from vehicle to vehicle.

The Board is authorized and empowered prior to issuing a license to require evidence of liability insurance in effect covering all vehicles to be used to collect recyclables.

The Board may further require that any collector tipping recyclables at the IPC or other recycling facility designated by the Board shall maintain a performance bond or other means to ensure payment with the vendor of that IPC or the municipality.

When any licensee shall sell or transfer all or part of his route to another refuse collector presently licensed to collect refuse in the municipality, he shall forthwith give written notice to the Director at least seven days before the date of the sale or transfer stating the name of the buyer or transferee and the date of such sale or transfer.

No collector shall be required to provide collection services to any customer who is more than 30 days delinquent in the payment of the collector's fee. If the delinquent customer shall discharge his delinquency, the collector shall immediately resume collection services to the customer.

No license shall be issued to any refuse or recyclables collector whose permit has been previously revoked twice. For purposes of this section, the ownership of collectors shall be determined pursuant to the standards set forth in this article in Subsection I of this section.

During the period of any licensee suspension, no license shall be issued:

To any person who is or was an owner of or partner in any unincorporated business whose license, during the period of said ownership, was revoked under the terms of this article or who owns or owned 50% or more of the stock of any corporation whose license, during the period of said ownership, was revoked under the terms of this article.

To any partnership or unincorporated business in which any owner or partner is or was the owner of or partner in any unincorporated business whose license, during the period of said ownership, was revoked under the terms of this article or in which any partner or owner owns or owned 50% or more of the stock of any corporation whose license, during the period of said ownership, was revoked under the terms of this article.

To any corporation in which the owner of 50% or more of the stock is or was the owner of 50% or more of the stock of any corporation whose license, during the period of said ownership, was revoked under the terms of this article or is or was the owner of or partner in any unincorporated business whose license, during the period of said ownership, was revoked under the terms of this article.

For purposes of the computation of the ownership of stock in any corporation or the interest in any partnership or unincorporated business under the provisions of this section, the interest of any person shall include:

Any beneficial interest held for the benefit of said person or for the benefit of any person of the type set forth in Subsection I(2) or (3) hereof, whether in trust or otherwise.

Any interest owned by the spouse of said person, if said person and said spouse shall file a joint tax return for purposes of federal and state tax.

Any interest owned by any person whom said person shall claim as a dependent upon his or her federal or state tax return.

The Board may require of any licensee or license applicant such information, under oath, as it deems necessary for purposes of enforcement of this section. To the extent permitted by law, such information shall not be disclosed, except to the extent necessary for the determination by the appropriate municipal authorities as to the compliance with the provisions of this article.

The license of any collector shall, after notice and hearing pursuant to this article, be revoked for the violations listed in this article. In addition, said collector shall be prohibited from dumping or depositing any recyclables at the regional IPC or any other recycling facility designated by the Board for a period of 30 days from the date of such license revocation.

It shall be a violation of this article for any collector to deposit recyclables at any location other than a recycling facility which has been designated by the Board.

It shall be a violation of this article if any collector makes any misrepresentations or omits any pertinent information from his permit application or fails or refuses to provide the Board with any information required by the Board or by the DEP.

It shall be a violation of this article for any collector to deposit at the recycling facility any material other than mandated recyclables and optional recyclables which have been designated by the Board for recycling.

§ 188-6 Investigations; hearings.

Prior to any action pursuant to the provisions of this article, the Board shall hold a hearing, pursuant to the provisions of this section.

The First Selectman may cause the municipal agent to investigate any allegation of a violation of the provisions of this article, and if he or she shall determine that there is probable cause to believe that such a violation has occurred, he or she shall refer said matter to the Board for a hearing.

The First Selectman, who, pursuant to the provisions of this section, shall preside at said hearing, shall give notice of the time and place of said hearing and a general statement of the alleged violation, including the date thereof, to the licensee by mailing such notice by certified mail, return receipt requested, not less than seven days prior to the date of said hearing, to the address of the licensee or person.

The First Selectman shall preside at said hearing unless said First Selectman shall be disqualified, in which event a Selectman shall preside.

(4)

The licensee or person and the municipality shall have the right to be represented by counsel.

(5)

All witnesses at said hearing shall be placed under oath, and each party shall have an opportunity to cross-examine all witnesses to be presented by the other.

(6)

Unless both the municipality and the licensee or person shall waive the keeping of a transcript, a verbatim record of said proceeding shall be kept. Either party shall have the right to order a copy of said record upon the payment, in advance, of the cost thereof.

(7)

The rules of evidence shall not apply to any proceeding hereunder, and, subject to the provisions of this section, the presiding Selectman shall be permitted to accept such evidence as he or she shall deem appropriate.

(8)

In the event that any member of the Board shall be a witness in the proceedings, he or she shall be disqualified to act upon said complaint.

(9)

In the event that any member of the Board shall be disqualified to act upon said complaint for any reason, the remaining members of the Board shall select an elector of the municipality to replace said disqualified member at said hearing.

In the event that the Board shall determine, by a preponderance of the evidence, that the licensee or person is in violation of any section of this article, the First Selectman shall take such action as may be proper under the provisions of this article. Notice of such action shall be given to the licensee or person, in writing, by mailing thereof by certified mail, return receipt requested, to said licensee or person not less than five days prior to the effective date of said action.

§ 188-7 Compliance required.

On or after January 1, 1991, any collector who has reason to believe that a person from whom he collects solid waste has discarded recyclable items with such solid waste in violation of the provisions of this article or of Section 22a-241b of the Connecticut General Statutes, as amended, shall promptly notify the municipal agent of the alleged violation. Upon the request of the municipal agent, a collector shall provide warning notices by the placement of tags to any person suspected by the collector or the municipality of violating the separation requirements of state law or this article. Each collector shall also be required to assist the municipality in the identification of any person responsible for creating loads containing significant quantities of items subject to the separation requirements of state law or this article which are delivered to a resources recovery facility or solid waste facility by the collector and detected by the owner or operator of such a facility pursuant to Subsection (b) of Section 22a-220 of the Connecticut General Statutes.

§ 188-8 Enforcement; violations and penalties.

Any collector found to have violated the separation and collection requirements of this article shall be subject to a fine in the amount of $100 for each offense. In addition, the municipality reserves the right to suspend or revoke the license of any such collector. Any collector whose license is either suspended or revoked as provided for herein shall be entitled to a hearing in accordance with the provisions of the Code of Ordinances.

Any person who violates the provisions of this article shall be subject to the following penalties:

Upon a first or second offense, the violator shall receive a written warning.

Upon a third offense occurring within a period of one year from the date of the original offense, the violator shall be subject to a fine in the amount of $50.

DESIGNATED TRANSFER STATION

Upon any subsequent offense occurring within the period of one year from the date of the original offense, the violator shall be subject to a fine of $100 and, in addition, shall be refused recycling collection.

In accordance with the authority provided in Section 2 of Public Act No. 90-249, any commercial establishment that is found to have violated the provisions of Subsection (c) of Section 22a-241b of the Connecticut General Statutes shall be subject to a fine in the amount of $500 for each such violation.

Any person who violates any other provision of this article shall be subject to a fine of $100 for each such offense.

Article II Disposal of Waste

[Adopted 6-21-1993]

§ 188-9 Purpose.

There is hereby established a program for the mandatory disposal of acceptable waste generated within the Town of Brookfield in compliance with Connecticut General Statutes Section 22a-220, thereby providing for long-term disposal of wastes and providing for the health and welfare of the citizens of the Town.

§ 188-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACCEPTABLE WASTE

All household garbage, trash, rubbish, refuse and combustible agricultural, commercial, governmental and light industrial waste now normally or which may be hereinafter collected and disposed of by or on behalf of the Town, but excluding:

Explosives and ordinance materials, pathological wastes, chemicals, radioactive materials, oil, sludges, highly inflammable substances, cesspool or other human wastes, human and animal remains, motor vehicles or parts thereof, farm or other large machinery, nonburnable construction materials and demolition debris (but home remodeling waste and debris in reasonable quantities are not considered demolition debris) and hazardous refuse of any type or kind

[including those addressed by regulations adopted by the United States Environmental Protection Agency (EPA) pursuant to the Resource Conservation Recovery Act of 1976, as amended, or other federal statutes or adopted by the Connecticut Department of Environmental Protection (DEP), such as, but not limited to, cleaning fluids, crankcase oils, cutting oils, hazardous paints, acids, caustics, poisons, drugs, radioactive materials, fine powdery earth used to filter cleaning fluid and refuse of similar nature].

Any item of waste exceeding six feet in any one of its dimensions or being in whole or in part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion.

All large household appliances, commonly referred to as "white goods," including, without limitation, refrigerators, stoves, washing machines, drying machines and the like.

All items designated from time to time by the Commissioner of the Connecticut DEP pursuant to the provisions of Section 22a-241b(a) of the General Statutes as suitable for recycling and such other items as are actually recycled.

All other items of waste which the Town and the Authority reasonably believe would be likely to pose a threat to health or safety or the acceptance and disposal of which may cause damage to the transfer station or be in violation of any judicial decision, order or action of any federal, state or local government or any agency thereof or any other regulatory authority or applicable law or regulations. The Town recognizes that some substances which are not, as of the date of this article, considered harmful or of a toxic nature or dangerous may be determined as such by DEP and/or EPA subsequent to the date hereof as hazardous, toxic, dangerous or harmful, and at the time of such determination such substances shall cease to be acceptable waste.

AUTHORITY or HRRA

The Housatonic Resources Recovery Authority.

COLLECTOR

Any person who holds himself out for hire to collect solid waste from residential, business, commercial or other establishments within the Town.

The transfer station to which the HRRA participating municipalities shall cause their acceptable waste to be delivered for transfer by WES to one or more resource recovery facilities.

MANAGER

Such official as may be designated by the Board of Selectmen.

PERSON

Any individual, corporation, partnership, association or other entity or organization of any kind.

RESIDENTIAL PROPERTY

Real estate containing one or more dwelling units, but shall not include hospitals, motels or hotels.

SOLID WASTE

Solid, liquid, semisolid or contained gaseous material that is unwanted or discarded, including but not limited to demolition debris, material burned or processed at a resource recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control authority.

WES

Wheelabrator Environmental Systems, Inc.

TOWN

The Town of Brookfield.

§ 188-11 Designation of transfer station site.

The Town of Brookfield does hereby designate the Housatonic Resources Recovery Authority System as described in the Municipal Waste Disposal Agreement between the HRRA and the Town of Brookfield dated November 21, 1991, including the transfer stations and facilities of that system as may be designated by the HRRA from time to time, as the location where acceptable solid waste originating in the Town of Brookfield shall be taken for disposal.

§ 188-12 Collection, transportation and disposal of solid waste.

Collectors registered with and holding valid permits issued by the Town pursuant to the provisions hereof shall deliver all acceptable waste collected within the Town to the designated transfer station. Only the Town and collectors so registered and permitted shall be designated or otherwise authorized to collect and deliver acceptable waste to the designated transfer station. In case of the temporary unavailability of the designated transfer station, acceptable waste may be delivered to another transfer station or site by the HRRA or WES.

No solid waste collected from outside the corporate limits of the Town shall be disposed of at the designated transfer station under a permit issued pursuant to the provisions of this article.

No person shall drive or move any truck or other vehicle within the Town of Brookfield unless such vehicle is so constructed or loaded so as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.

Collectors shall deliver acceptable waste only during the designated transfer station's scheduled delivery days and hours or during other published days and hours as agreed upon in advance by HRRA and WES.

Collectors shall use only vehicles that are in a safe and clean condition, in good repair, with the capability of mechanically dumping their contents, and which have a capacity of three tons or more.

Collectors shall use only those highway routes designated by the Town or by WES with the approval of the HRRA and the Town for the delivery of acceptable waste to the designated transfer station.

Collectors shall deliver acceptable waste in a clean, orderly and safe manner and adhere to all reasonable rules and regulations as made known to the collector by the Town or HRRA or by WES with the approval of the HRRA at all times when vehicles and/or personnel of the collector are at the transfer station.

§ 188-13 Duties and qualifications of collectors.

During the annual registration process required pursuant to the provisions hereof, each collector shall obtain from the Town registration plates or stickers which shall be conspicuously displayed on the left front portion of the body of each vehicle or container to be used by the collector in the collection and transportation of solid waste or in such other location on said vehicle or container as the Town shall direct. Each such registration plate or sticker shall remain the property of the Town of Brookfield, even when affixed to a collector's vehicle or container. Each such registration plate or sticker shall be returned to the Town upon the written request of the Manager.

During the annual registration process required pursuant to the provisions hereof, each collector shall sign an affidavit of origin, under penalty of false statement, stating that all acceptable waste disposed of at the designated transfer station in the name of the Town or its residents shall originate from within the corporate limits of the Town.

Prior to the sale or transfer of all or part of a collector's solid waste collection route to any collector not registered with or permitted by the Town in accordance with the provisions hereof, the collector shall first notify the Manager, in writing, of his or her intent to sell or transfer all or a part of the route. The nonregistered collector shall, at the same time, make application for a permit to operate in the Town.

Prior to the annual issuance or renewal of its collection permit, each collector shall report to the Town the number of tons of acceptable waste collected monthly within Brookfield and deposited at the designated transfer station. Said report shall be on a form supplied by the Manager.

Each collector shall present a copy of his or her Town permit and registration forms to WES and HRRA and shall properly display on each vehicle or container a registration plate or sticker prior to delivering applicable waste to the designated transfer station.

Each collector shall provide insurance covering his or her operation, which coverage shall name the HRRA, WES and the Town of Brookfield as additionally insured. Such coverage shall include, but not be limited to, general liability, automotive liability, excess liability, workers' compensation and employer's liability in amounts deemed reasonable and adequate by the Town. Each collector shall provide the HRRA, the Town and WES with a certificate of insurance identifying the limits of available insurance coverage and indicating that the issuing company shall endeavor to afford the HRRA, the Town and WES not less than 30 days' written notice prior to the cancellation of any such policy.

Each collector shall provide to the Town of Brookfield and to HRRA and WES a suitable performance bond, letter of credit or cash security to insure the performance of its obligations hereunder.

Each collector shall accurately identify for HRRA and WES the tonnage of all acceptable waste collected by such collector within each municipality and delivered to the designated transfer station.

Each collector shall be responsible for the removal and disposal of, or the cost of removal and disposal if performed by other than the collector, of rejected waste, including:

Waste other than acceptable waste;

Waste delivered at other than established receiving hours;