[HISTORY: Adopted by the City of Norwalk Common Council 5-10-1988; amended in
its entirety 10-25-2005. Subsequent amendments noted where applicable.]
Control of the accumulation, collection, storage, removal and
disposal of solid waste is a governmental function of the City of
Norwalk for the protection of the public health, safety and welfare.
It is consequently found and declared that:
A.
The City is authorized by law to regulate the disposition of solid
waste generated within its boundaries and to license solid waste collectors.
B.
The City is also authorized by Connecticut General Statutes Section
22a-220a to designate the area where solid waste generated within
its boundaries shall be disposed.
C.
[1]The enactment of this article is in furtherance of the
City of Norwalk's approved Regional Solid Waste Management Plan.
[1]
Editor's Note: Former Subsections C and D, which required
delivery of solid waste collected in Norwalk to the Bridgeport resource
recovery system, were repealed 3-24-2009. This ordinance also redesignated
former Subsection E as Subsection C.
In addition to the terms defined in Chapter 91 and Connecticut General Statutes Section 22a-207 and unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
Unwanted or discarded materials of the kind normally collected
or disposed of or caused to be collected or disposed of by or on behalf
of a municipality through private or municipal collection and commercial,
governmental and light industrial waste for which a municipality is
required by state law to make provisions for the safe and sanitary
disposal thereof, but not including in any case special handling waste
or bulky solid waste.
Solid waste comprised of land-clearing debris and waste resulting
directly from demolition and construction activities which can be
disposed of in a landfill holding a permit issued by the Connecticut
Department of Environmental Protection under Section 22a-208y of the
Connecticut General Statutes and following of its regulations or any
successor provisions.
Pathological, biological, cesspool or other human wastes,
human and animal remains, radioactive, toxic and other hazardous wastes
which, according to federal, state or local rules or regulations from
time to time in effect, require special handling in their collection,
treatment or disposal, including those regulated under 42 U.S.C. §§ 6921,
through 6925 and regulations thereunder adopted by the United States
Environmental Protection Agency pursuant to the Resource Conservation
and Recovery Act of 1976, 90 Stat 2806, 42 U.S.C. § 6901,
such as cleaning fluids, crankcase oils, cutting oils, paints, acids,
caustics, poisons, drugs, fine powdery earth used to filter cleaning
fluid and refuse of similar nature.
Hazardous waste.
Dirt, concrete and other nonburnable construction material and
demolition debris, such as, but not limited to, sheetrock, ceramic
tile, asphalt shingles).
Large items of machinery and equipment, such as motor vehicles
and major components thereof, agricultural equipment, trailers and
marine vessels and any other 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, including, in the context of deliveries to the disposal
facility, bulky solid waste.
[Amended 2-24-2009]
Explosives, ordinance materials, oil, sludges, highly flammable
substances, hazardous chemicals, tires and other materials, the acceptance
of which, in the judgment of the Director, reasonably exercised, is
likely to cause damage to or adversely affect the operation of the
disposal facility, constitute a threat to health or safety or violate
or cause the violation of any applicable federal, state or local law,
regulation or judicial or administrative decision or order.
[Amended 2-24-2009]
A.
The Director shall establish the necessary rules and regulations
to comply with the regulations issued pursuant to Public Act No. 87-544,
an Act Mandating Recycling in Municipalities and Concerning Source
Reduction Planning, as amended and/or supplemented. The following
items may be required to be recycled; corrugated cardboard, glass
food containers, metal food containers, newspapers, office paper,
scrap metal, storage batteries, waste oil, yard waste, high-density
polyethylene bottles or jars of any size or shape used to package
food, household laundry products or crankcase oil (HDPE plastic containers),
polyethylene terephthalate containers of any size or shape used to
package beverages (PET plastic food containers) (plastics No. 1 and
No. 2 only through June 30, 2009; plastic No. 1 through No. 7, thereafter),
dry cell batteries and scrap tires.
[Amended 2-24-2009]
B.
All items designated by the Director for mandatory recycling shall
be separated and kept apart from other solid waste by the property
owner or his agent, packaged in the prescribed manner, placed at the
curb in accordance with the schedule determined by the Director and
collected by the City or by any contractor employed by the City or
by the property owner's private collector. Any solid waste left
for collection which contains any items designated by the Director
for mandatory recycling shall be refused by any collector within the
City. Such material shall also be refused at the transfer station.
Tree trimmings and brush shall be tied in bundles of not over four
feet in length, capable of being handled by one person.
[Amended 2-24-2009]
C.
No person, firm or corporation other than the owner, lessee or any
occupant of a residential dwelling or commercial establishment or
any employee of the City or any contractor employed by the City for
the removal of items to be recycled shall pick up, remove, destroy
or interfere with the mandatory recyclable items or any part thereof.
A.
Pursuant to Connecticut General Statutes, Section 22a-220a, the Common
Council hereby issues notice of its intent to designate and, upon
compliance with the provisions of state law, shall, by resolution,
designate the Norwalk Transfer Station as the area where acceptable
solid waste generated within the boundaries of the City of Norwalk
by residential, business, commercial or other establishments may be
disposed.
B.
In accordance with agreements made between the City and any terminal
disposal system, acceptable solid waste, bulky solid waste and items
designated for mandatory recycling shall be separately delivered to
an authorized solid waste disposal facility. Acceptance of a City
license by a private collector acknowledges the right of the City
to inspect each load delivered to the Norwalk transfer station.
[Amended 2-24-2009]
A.
The owner of each premises, residential or commercial, where solid
waste is created or generated shall provide, at a suitable place upon
such premises and not on the street or sidewalk, sufficient receptacles
for receiving and holding such solid waste during the intervals between
collections. Solid waste shall be stored in watertight, tightly covered
cans or rigid containers; garbage shall not be placed out for collection
in plastic bags. The standard unit of collection for household solid
waste shall be twenty- and thirty-gallon containers. Each receptacle
shall not weigh more than 75 pounds when full. Containers shall be
maintained in good condition, free of holes and fissures and shall
be equipped with securely fitting covers. No loose material will be
collected by the City.
B.
All refuse containers shall be maintained by the owners thereof and
promptly replaced when no longer fit for use. Containers not conforming
to the requirements set forth by this article and deemed a sanitary
or accident hazard, as determined by the Director or his duly authorized
agents, may be confiscated by the City and disposed of, without compensation
to the owner.
C.
The property owner or the person served shall have the refuse receptacles
or containers placed as near to the curbline as is practicable at
the time designated by the Director, but no later than 6:00 a.m. on
days on which collections will be made; provided, however, that refuse
containers or receptacles may be so placed for collection on the evening
preceding the date on which collections will be made, but no earlier
than 6:00 p.m.
A.
Deposit in public places.
(1)
No person shall place any solid waste in any street, alley or other
public place or upon any private property, whether owned by such person
or not, within the City except in proper containers or otherwise properly
prepared for collection, unless with express approval granted by the
Director. No person shall throw or deposit any solid waste in any
stream, sewer or other body of water.
(2)
Any uncontainerized accumulation of solid waste on any premises is
hereby declared to be a nuisance and is prohibited. Failure to remove
any accumulation of solid waste within seven days after written notice
by registered mail to remove the same shall be deemed a violation
of this article.
B.
No person shall cast, place, sweep or deposit anywhere within the
City any solid waste in such a manner that it may be carried or deposited
by the elements upon or in any street, sidewalk, alley or other public
place or into any occupied premises.
C.
It shall be unlawful for any person, firm or corporation to place
hazardous wastes or similarly dangerous substances, as determined
by the Director, into any refuse container or to transport any such
substance to the solid waste disposal facility.
D.
No person shall deposit any solid waste in any City receptacle in
a City park which has been brought from any area outside said City
park. This provision shall not prohibit disposal of garbage, rubbish
or waste created by activities in said park, such as by the consumption
of food.
A.
The Director is authorized and directed to have removed or cause
to be removed all solid waste, when properly prepared as provided
in this article, from all areas within the Fourth Taxing District
of the City. Such collections shall be a governmental function under
the direction of the Director and shall be financed by appropriations
from the Fourth Taxing District revenues.
B.
Within the Fourth Taxing District, collection schedules and methods
of collection shall be determined by the Director, provided that not
fewer than two collections per week shall be made from each and every
place to be served, and provided further that collections shall be
made on scheduled days in each locality or street and that the citizens
of the Fourth Taxing District shall be informed of the times of collection
or any changes therein by means of proper notice in the local newspaper
or by such other means as may be expedient.
C.
The City shall not tax any qualified residential condominium or residential
cooperative unit, as defined by Chapter 828 of the Connecticut General
Statutes, or single-family residence located on a private road within
the Fourth District, for that portion of the property tax attributable
to garbage collection, provided that:
(1)
The amount of the tax exemption for each qualified unit or residence
shall be calculated as follows: that portion of the annual mil rate
for garbage collection multiplied by the assessed value of the unit
or residence.
(2)
Any residential condominium or residential cooperative association
or single-family residence may qualify for the exemption by completing
an application with the Finance Department of the City on or before
April 15 previous to the ensuing fiscal year for which they seek exemption
and providing proof of payment for private collection for the previous
year. Such exemption shall remain in effect each year after the initial
application unless it is determined by the Finance Department that
City garbage collection services have become available and are being
utilized.
(3)
Any residential condominium or residential cooperative association
or single-family residence that obtains City garbage collection services
must discontinue the exemption by providing notice to the Finance
Department of the City of Norwalk.
A.
The Director shall be the licensing and registration authority for
all solid waste collectors, vehicles and refuse containers operating
within the City. It shall be unlawful for any person to collect or
remove solid waste in the City or to transport the same upon or through
any street or public place of the City unless such person is an employee
or agent of the City assigned to such work, has been granted a license
by the Director to do so, is the employee of a person who has been
so licensed or is the actual producer of such refuse within the City
or his employee then and there engaged in transporting the same from
the premises where produced to any area where public disposal is permitted.
B.
It shall be unlawful for any employee of the actual producer of any
solid waste to collect, remove or transport such waste for more than
one actual producer thereof or for such employee or any producer to
combine or commingle within the City the waste of more than one producer
or for any person to act as the employee of more than one producer
for the purpose of collecting, removing or transporting such waste
upon or through any street or public place of the City unless such
person has been granted a license by the Director.
C.
Each licensed solid waste collector shall obtain a separate registration
for each vehicle and/or refuse container he operates within the City.
When a vehicle is employed to transport more than one refuse container,
each container to be transported as well as the vehicle shall require
a separate registration. Registrations shall not be transferable from
vehicle to vehicle nor container to container, provided, however,
that the Director may allow such temporary transfer of registrations
in hardship situations, such as a temporary breakdown of an individually
licensed vehicle.
Any person permitted by this article to collect, remove or transport
solid waste over the streets of the City shall use containers or vehicles
provided with tight covers and so constructed and operated as to prevent
offensive odors escaping therefrom and refuse from being blown, dropped,
spilled or leaked therefrom.
A.
The Director shall establish license, registration and disposal fees
for:
[Amended 2-24-2009]
B.
Prior to issuance of any license and the collection of any license,
registration or use fees, the Director shall determine that the proposed
licensed operation:
C.
The license, registration and disposal fees for each of the types of solid waste shall be established in accordance with the provisions of § 90-4, Approval of rates and fees.
D.
The Director shall establish such rules and regulations as are appropriate
for the administration of the provisions of this section.
A.
Applications for licenses, renewals of licenses and vehicle and/or
refuse container registration under this article shall be submitted
in writing to the Director. Each application shall contain the following
information:
(1)
The name and address of the applicant. If the applicant is a proprietorship,
firm or partnership, the names of all owners or partners shall be
listed; if the applicant is a corporation, the names and title of
each of the officers shall be listed.
(2)
The purpose for which the license is sought.
(3)
The area within which the applicant wishes to collect or transport
solid waste.
(4)
The number, kind and capacity of the vehicles and other equipment
to be used for such purposes, together with their license plate numbers.
B.
Each application shall be accompanied by the deposit of the license
and registration fee required by the provisions of this article. If
the application complies with the provisions of this article, the
Director shall specify the term for which such license is granted,
not to exceed one year, and, as a condition of granting the requested
license and/or registration, may impose such other conditions as he
may deem to be in the best interests of the public health and welfare.
If a license is not issued, the fee shall be returned to the applicant.
C.
No application for a license by a private collector shall be accepted
unless accompanied by a statement acknowledging and authorizing City
inspection of any load transported and/or delivered under this article.
[Amended 2-24-2009]
In order to preserve the public health, safety and welfare,
the Director shall have the authority to limit the number of licenses
for the collection and/or transportation of refuse which may be issued
under this article. Notice of such limitation shall be posted in the
same manner as rules and regulations issued by the Director under
this article.
A.
Every license granted by the Director under this article shall cover
the following matters:
(1)
The name and address of the person to whom the license is issued.
(2)
The area within which the person to whom the license is issued may
render collection services.
(3)
The nature of the collection services which are authorized.
(4)
The term for which the license is granted (not to exceed one year).
(5)
A description, including the license plate numbers, of each vehicle
to be registered under the license.
(6)
Such other conditions as the Director may establish.
B.
The Director shall issue to each licensed person one sticker for
each registered vehicle and/or refuse container covered by the application,
each of which vehicles and/or refuse containers shall thereafter display
such sticker as long as the license or registration is in force.
No license granted by the Director under this article or any
interest therein shall be given, sold, assigned, mortgaged or otherwise
transferred without the prior written consent of the Director.
A.
Any license granted by the Director under this article may be revoked
by the Director if the Director finds and determines that the licensee
has failed to comply with any of the terms of such license or of this
article or rules and regulations duly promulgated hereunder or fails
to render satisfactory collection services.
B.
Revocations and suspensions shall become effective only after a public
hearing. The Director shall send a written notice of proposed suspension
or revocation to said collector, stating the reasons for such action.
The Public Works Committee of the Common Council shall, within 15
days of the date of such written notice, hear and decide the matter.
Such hearing shall be held in public session; provided, however, that
the hearing may be held in executive session at the request of the
collector. The collector, the Director and other persons invited by
either of them or by the Committee may appear and present such testimony
and evidence as they may wish. The Committee may revoke the license,
suspend the license for a time certain, decline to revoke or suspend
the license or make such other determination as may be appropriate
in the circumstances.
C.
The decision of the Public Works Committee shall be final and binding
upon the collector. No application for a license revoked under this
article shall be accepted for a period of one year from the date of
the Committee's action.
D.
Notwithstanding anything to the contrary herein, the Director shall
have power to refuse permission to a collector to use the Norwalk
transfer station when, in his opinion, such collector has violated
this article or any applicable rule or regulation.
[Amended 2-24-2009]
The Director shall have the authority to make such other reasonable
rules and regulations concerning collection, transportation and disposal
of refuse as he shall deem necessary, which shall take effect no less
than three days after posting at the Department of Public Works'
offices and at all designated solid waste disposal facilities.
[Amended 2-24-2009]
Any person violating any of the provisions of this article shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount established in accordance with the provisions of § 90-4, Approval of rates and fees. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Added 4-14-2020]
All noncommercial vehicles of Norwalk residents and/or real
property owners for which a vehicle tax is paid to Norwalk shall be
entitled to free admission with a valid disposal pass to the transfer
station and the yard waste site. In order to maintain the validity
of this pass, Norwalk residents and/or real property owners shall
remain current on their vehicle tax. If Norwalk residents and/or real
property owners are more than 45 days delinquent on their vehicle
tax, then this pass shall become invalid until the vehicle tax, and
all applicable fees, interest and penalties, have been satisfied.
The disposal pass must be displayed on the driver's side dashboard
during use of both facilities.
All noncommercial vehicles of Norwalk residents and/or real
property owners for which a vehicle tax is paid to a city other than
Norwalk shall be entitled to purchase a disposal pass to the transfer
station and the yard waste site for a sum to be set pursuant to the
Department of Operations and Public Works' fee schedule.
A.
An additional disposal permit, issued at the Norwalk transfer station by the Department of Operations and Public Works, is required for all noncommercial pickup trucks, vans and/or vehicles with trailers. Residents and/or real property owners with a noncommercial pickup truck, van and/or vehicle with trailer will be required to show a valid disposal pass, as provided in §§ 94-18 and 94-19, in order to apply for the additional disposal permit.
B.
Commercial permits are required for all commercial vehicles. These
permits are issued by the Department of Operations and Public Works.
The fee schedule for commercial permits is set pursuant to the Department
of Operations and Public Works' fee schedule.
All vehicles of nonresidents, nonpermit holders and/or non-real-property
owners shall be entitled to use the transfer station and yard waste
site for a sum to be set pursuant to the Department of Operations
and Public Works' fee schedule.