[Last amended 2-3-2014 by Ord. No. 14-01]
[1]
Editor's Note: This article and Art. II were original derived from Code 1961, §§ 9.02.02 through 9.02.02, 9.09.01, and 9.09.03 through 9.09.19 and the following: Ord. No. 68-5, adopted 2-17-1969, Ord. No. 74-5, adopted 9-23-1974, Ord. No. 75-6, adopted 12-1-1975, Ord. No. 77-2, adopted 7-18-1977, Ord. No. 80-5, adopted 6-16-1980, Ord. No. 82-3, adopted 6-7-1982 and Ord. No. 90-5, adopted 10-15-1990.
As used in this article, the following terms shall have the
meanings indicated:
Standard containers, dumpster-type containers and special
containers.
The residue from burning of wood, coal, coke or other combustible
materials.
A litter storage and collection receptacle as required and
authorized in this chapter within the definition of "approved container."
Large, nonputrescible items, such as oversize waste and white
goods, including discarded appliances and furniture, construction
waste and demolition debris, including, but not limited to brick,
mortar, wood, shingles, sheetrock, and window glass, as well as land-clearing
debris.
Boxes, cartons, paper, trimmings and similar matter bound
so as not to exceed four feet in length and which shall not weigh
over 60 pounds.
Any retail, service and office uses as permitted in the Town
Zoning Regulations.
Any vehicle or equipment used by haulers in the collection
of refuse, solid waste or recyclables.
See "hauler."
Any activity conducted as a business for profit.
The collection of presorted refuse or recyclable materials
from standard containers at non-multifamily residential dwellings.
Any container which is so constructed that the container
can be handled by the equipment used for collection; which has a tight-fitting
cover or closure; and which is of watertight construction when intended
or used for any refuse storage, especially for refuse likely to generate
liquid wastes. Each dumpster shall be identified with the name and
telephone number of the hauler servicing the dumpster.
Also referred to as a "collector," is any person or company
who engages in the business of collecting, transporting and/or removing
solid waste or recyclables within the Town; shall also mean a person
or company that has been issued a license pursuant to this article
by the Town to collect and haul solid waste or recyclable material.
Any solid waste which exhibits any of the characteristics
of ignitability, corrosivity, reactivity, EP toxicity, and is not
excluded as a hazardous waste under Subpart 261.4(b) of the U.S. Code
of Federal Regulations, as may be amended.
Research laboratories and offices and other activities associated
with manufacturing, fabricating, compounding, assembling, packaging,
storage or treatment of articles or their wholesaling and distribution
as permitted in the Town Zoning Regulations.
A park, reservation, playground, beach, recreation center
or any other public area in the Town owned or used by the Town and
devoted to active or passive recreation.
May extend and be applied to communities, companies, corporations
(public or private), societies and associations.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited temporarily or continuously vacant, and shall include
any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building, or other
structure.
Any street, sidewalk, boulevard, alley or other public way
and any public park, square, space, grounds and building.
Putrescible and nonputrescible solid waste material, but
excluding items designated as recyclable, bulky wastes, oversize waste
and white goods, and compostable materials.
Location as established by the Town whereby refuse is permitted
to be tipped from permitted vehicles for disposal, or for transfer
into other vehicles for hauling to a disposal site.
Any individual residing in Windsor.
The refuse disposal area identified by the Town for use by
residents with disposal permits to dispose of solid waste, refuse
and/or recyclable materials.
Putrescible and nonputrescible solid and semi-solid wastes,
including refuse, garbage, rubbish, oversize wastes, white goods,
ashes, demolition and construction wastes; excluding the following
materials defined in C.G.S. § 22a-207: hazardous waste,
household hazardous waste, biomedical waste, liquid waste, sewage
sludge (including septic tank and cesspool pumpings), discarded or
abandoned vehicles or parts thereof, and waste from a resource recovery
facility.
Any storage container other than those defined in this section,
approved by the Town Manager, which does not violate any of the provisions
of this chapter.
A watertight plastic or metal container with handles or bails,
having a tight-fitting cover, not weighing over 35 pounds empty, not
weighing over 60 pounds when filled, and not having more than 32 gallons'
capacity; or heavy-duty plastic rolling carts for refuse or recycling
collection purposes up to a capacity of 95 gallons; or plastic and
paper bags of the type, size and material designed for refuse disposal.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street or highway.
Wood pallets, logs, boards, stumps and other wood not defined
under yard waste.
Brush and the boughs of trees.
(a)
All persons occupying or maintaining any premises within the Town
where refuse and recyclable materials are created, produced or accumulated
shall maintain sufficient approved refuse and/or recycling containers
for receiving and holding all refuse and recyclable materials produced,
created or accumulated on such premises. All approved containers shall
be maintained in a clean and sanitary condition, kept in good repair,
and kept tightly covered at all times. A licensed solid waste collector
shall be responsible for maintaining the containers in good condition
unless this responsibility has been assumed by the person occupying
or maintaining the premises under the terms or conditions of the use.
A reinforced concrete pad may be required for dumpster-type containers
in order to maintain the dumpster area in sound condition and in good
repair. All garbage storage areas shall be effectively screened from
public view.
(b)
No person shall accumulate, store or require the storage or handling
of solid waste or recyclable materials in such a manner so as to promote
the propagation, harborage or attraction of vectors or so as to create
a nuisance or hazard to public travel, health or safety.
(c)
The owner of solid wastes or recyclable materials generated on any
property shall cause the same to be removed by a licensed solid waste
collector at frequencies sufficient to prevent the occurrence of a
nuisance, but in no case shall solid waste be stored by any person
for more than seven days, exclusive of holidays.
(d)
Refuse and/or recycling containers maintained as provided in this
section shall be located on the property or premises of the person
producing such refuse/recycling in such areas so as not to be visible
from the street, sidewalk or public place except after 6:00 p.m. of
the day before the next scheduled pickup. Serviced containers shall
be removed from the street before 8:00 p.m. on the day of the pickup.
(a)
No person within the Town shall store or otherwise have bulky waste
on his property or property in his control, unless such bulky waste
is kept in a satisfactory manner. "Satisfactory manner" means that
all bulky waste, except scrap metal, shall be kept in approved containers
or bundles. A reinforced concrete pad may be required for dumpster
locations. All bulky waste storage areas shall also be effectively
screened from public view. Bulky waste shall not be stored by any
person for more than 30 days.
(b)
Bulky waste shall not be placed outside for collection prior to 6:00
p.m. of the evening of the day before the next scheduled pickup. The
Town Manager or his designee may, for cause shown, extend this period.
(a)
All refuse and other solid waste materials upon being removed from
the premises where produced or accumulated shall become the property
of the solid waste collector. Upon being deposited in a designated
transfer, processing or disposal facility, such materials shall forthwith
become the property of the owner of such facility.
(b)
No person shall engage in any scavenging, salvaging or recycling
activities from approved containers owned by others.
(a)
No person or entity shall operate as a collector or hauler without
a current annual collector license for such activity. No person shall
collect, haul or transport solid waste, refuse or recyclable materials
on any public highway within the Town without making application and
receiving this license.
(b)
The provisions of this section shall not apply to persons hauling
household refuse or recyclables from their own residences; nor to
any business hauling their own refuse generated by themselves; nor
to farming or agricultural operations; nor to municipalities or public
agencies; nor to building contractors hauling solid waste generated
by their own activities.
(c)
Each licensee shall only use vehicles for collecting, hauling or
transporting solid waste, refuse or recyclable materials for which
they have obtained a permit from the Town for each vehicle used for
this purpose.
(d)
The door of any vehicle or equipment used to haul solid waste, refuse
or recyclable materials shall be clearly marked with the business
name and address of the collector. Any dumpster used in the collection
of such materials shall be clearly marked with the name and phone
number of the collector (hauler).
(e)
Haulers shall keep all vehicles and equipment in good and sanitary
condition, and such vehicles shall be constructed so that there shall
be no loss of refuse, including liquid waste, therefrom when same
is being used.
(f)
The hauler's premises shall be neat and orderly, shall not contain
any refuse, and shall meet all Town of Windsor applicable zoning regulations
(or similar regulations from another municipality for facilities outside
of the Town).
(g)
All collections by a hauler shall be made with a minimum of disturbance
and only between the hours of 7:00 a.m. and 8:00 p.m.
(h)
After removal of refuse, all refuse containers shall be immediately
closed by the hauler or the person renting the container.
(a)
The application for an annual collector license shall be submitted
to the Town Manager or designee on a completed Town of Windsor annual
collector licensing application form.
(b)
The Town Manager or designee shall develop and implement any regulations
for the annual collector licensing program.
(c)
In accordance with this chapter, with any regulations, and with C.G.S.
§ 22a-220a(d)(1), any collector shall disclose the following
information with his or her license application prior to receiving
an annual collector license:
(1)
The name and address of the collector (hauler), and the owner(s)
and/or partner(s) of such collector company;
(2)
The name(s) of any other municipality in which the collector collects
and/or hauls such materials;
(3)
The types of such materials collected/hauled;
(4)
The names/locations of the designated transfer station, processing
facility or disposal area(s) that the applicant will utilize for the
disposal of solid waste, refuse or recyclable materials collected
and transported by the applicant. Any such facility shall have the
required Connecticut DEEP permit (or similar permit from another state)
for receipt of such materials;
(5)
The number of vehicles owned or controlled by the applicant suitable
for the collection and transportation of solid waste, refuse, or recyclable
materials, including license numbers and the volume of cubic yards
of each;
(6)
A statement that the vehicles and equipment conform to all applicable
provisions of this chapter;
(7)
The locations where the applicant's equipment is garaged and
may be inspected by the Town;
(8)
A map of each proposed residential collection route shown to a size
and scale suitable to the Town, and the day of the week regular collection
service will be provided on the route. Such route listings are to
be tallied to give the total number of residential customers proposed
to be served accurately and up to the date of the application submitted.
These routes may not be changed during the term of a license without
the notification of, and approval of the Town; and
(9)
Any additional information that the Town requires as part of the
annual collector licensing program to ensure the health, safety and
welfare of its residents and businesses.
(d)
All applications shall be accompanied by a fee for the license or
the renewal of an existing license. The amount of the fee for the
license shall be established and approved as a part of the Town of
Windsor Price Guide.
(e)
The Town Manager or designee shall issue an annual collector license
upon the applicant satisfying the requirements herein, as well as
those in the regulations established for this program, and upon full
payment of the annual license fee.
(a)
Licensed collectors (haulers) shall report to the Town Manager or
designee no later than July 31 each year on the following information
regarding solid waste, refuse, and/or recyclable materials collected
during the prior fiscal year:
(1)
The types of such materials generated within the Town and collected
by the collector;
(2)
The name, location and contact information of the entity for the
first destination where such materials were delivered by the collector;
(3)
The amount by weight, volume or other method acceptable to the Town
of each of such materials delivered to such destination; and
(4)
The types and actual amounts of such materials directly delivered
to an out-of-state destination or to an end user or manufacturer in
the state.
(b)
Such reports shall be on a form prescribed by the Town and shall
include any other additional information the Town deems necessary.
(a)
Each person who generates solid waste from a residential property
shall separate recyclable materials from other solid waste.
(b)
No person shall knowingly combine previously segregated recyclable
materials with other solid waste.
(c)
Except for materials not properly prepared for recycling, collectors
may not dispose of recyclable materials set out for collection by
their customers by any means other than delivery to a permitted recyclables
processing facility.
(d)
Collectors that provide refuse collection services to their residential
customers shall charge these customers for this service (subscription
service) on the basis of the volume of the refuse containers subscribed
by the customer for collection. The price structure shall be unit-based
to encourage customer's reduction in refuse requiring removal,
while maximizing the amount of recyclables separated for collection.
The collector shall determine a single standardized refuse collection
container size, and establish a standardized price to be charged for
the disposal of this base volume. Should a residential customer desire
a container that is of a different size than the standard size, then
the collector shall provide such a container, for which the collector
may charge a different amount than the standardized price for disposal
of the refuse by the customer. Lesser amounts shall be charged for
smaller containers, with higher amounts being charged for servicing
containers larger than the standard. The collector shall offer and
advertise a minimum of two container sizes to residential customers.
(e)
Collectors may establish rules and regulations regarding the safe
maximum weight of the contents of approved containers. A collector
may refuse to collect any approved container which is overloaded or
which contains a volume of refuse or solid waste greater than the
rated or specified volume of such container. The collector may also
determine to account for and bill the customer for the collection
of such excess refuse or solid waste.
(f)
In the event the collector elects to perform collection of materials
provided for in this chapter through subcontractors or agents, such
agency relationship shall not relieve the collector of responsibility
for compliance with the provisions of this chapter or any rule or
regulation promulgated hereunder.
(g)
Nothing herein shall prevent or prohibit licensed collectors from
charging additional fees for providing services in addition to refuse
collection and disposal. These services may include bulky waste, yard
waste, and land-clearing debris collection and disposal.
(h)
No person or collector shall receive, dispose of, transport, or process
solid waste, refuse or recyclable materials at any solid waste facility,
volume reduction plant, solid waste disposal area, recycling facility
or composting facility unless such facility complies with the provisions
of C.G.S. § 22a-208a, or the provisions of a permit issued
by another state.
(i)
When a collector delivers solid waste, refuse or recyclable materials
to a facility that has obtained a permit or authorization from the
state, then, upon delivery, such collector shall identify to the receiving
facility for each load of such materials from Windsor that the materials
originated from the Town.
(j)
Any person, other than a collector, who dumps more than one cubic
foot in volume of solid waste in a refuse collection container without
the authorization of the owner of such container, or dumps any material
into a recycling collection container used to collect another type
of material for purposes of disposal by a collector shall be guilty
of an infraction.
(k)
Every customer who generates solid waste and/or refuse from a business
or multifamily dwelling shall make provision for and cause the separation
of recyclable materials from other solid waste through the use of
separate collection containers for the designated items versus the
containers for solid waste and refuse.
(l)
Each contract between a licensed collector and a customer from a
business or multifamily dwelling for the collection of solid waste
shall make provision for the collection of recyclable materials, either
by providing for the collection of the recyclable materials by the
same collector who is a party to the solid waste contract, or by including
an identification by the customer of the collector with whom the recyclable
materials collection contract exists. The provisions of this section
shall not be construed to require a customer to contract exclusively
with one collector for the collection of both the recyclable materials
and solid waste. Each collector shall provide each customer with clear
written and/or pictorial instructions on how to separate the recyclable
materials in accordance with the provisions of C.G.S. § 22a-241(b).
(m)
Collectors that collect solid waste, refuse and/or recyclable materials
from multifamily or business customers shall offer such services with
a frequency as is necessary to prevent overflow from the collection
containers utilized.
