[HISTORY: Adopted by the Town Council of the Town of Plainville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-3-2005]
The Town of Plainville operates a transfer station on Granger
Lane which is open to all residents of the Town of Plainville for
the purpose of transferring acceptable burnable, nonburnable and recyclable
wastes generated within the Town of Plainville. No waste shall be
accepted at the transfer station which originated from any source
outside the boundaries of Plainville or transported in commercial
vehicles unless prior written approval is granted by the Town Council.
The certified transfer station operator and/or attendant shall
have the authority to request each patron to provide identification
demonstrating residency in the Town of Plainville. Additionally, the
transfer station operator and/or attendant shall have the authority
to inspect the materials and reject any and all unacceptable items,
direct patrons to the proper disposal areas and determine the appropriate
fee based on the materials to be disposed and the estimated volume
and/or weight of the materials.
A.
The following
materials will be accepted at the transfer station: household waste,
household appliances, furniture, mattresses/box springs, brush (four
feet maximum length, less than six inches in diameter), leaves, miscellaneous
metals (maximum length and width six feet, barrels both ends removed
and fluids cleaned), tires (maximum two per load removed from rims),
waste motor oil and antifreeze.
B.
Items not
accepted are the following: hazardous materials, building materials,
asphalt roof shingles, sheetrock and plaster, demolition materials,
stones, concrete, plumbing fixtures, ceramics, stumps, logs (greater
than six inches), and motor vehicle parts (including batteries).
C.
Those items
not specifically listed may be accepted or rejected at the discretion
of the certified transfer station operator and/or attendant.
D.
A listing
of acceptable and unacceptable items will also be posted at the transfer
station. The dumping of unacceptable items, including hazardous, volatile,
highly flammable or explosive items, shall not be permitted. Violators
shall be prosecuted to the fullest extent permitted by law.
The hours of operation for the transfer station shall be as
determined by the Town Council. However, the certified transfer station
operator has the discretion to close the transfer station during those
times when weather conditions or other circumstances create conditions
that are deemed unsafe for transfer station operations.
Wastes will not be accepted at the transfer station except upon payment of a fee. This fee will be based upon the total volume accepted, type of materials and the means in which the material is transported to the transfer station. The fee schedule shall be as provided in Chapter 215, Fees.
Upon the effective date of this article, the former ordinance
titled "Town Transfer and Recycling Station Ordinance" adopted by
the Town Council February 22, 1988, will become null and void.
[Adopted 9-19-2011]
This article is adopted by the Town of Plainville as part of
a long-term plan for safe and sanitary disposal of solid waste and
to establish measures to assure compliance of persons within the Town
boundaries and of collectors with the requirements of state statutes
for separation, collection, processing and marketing of municipal
solid waste, recyclables, electronic waste and household hazardous
waste.
As used in this article, the following terms shall have the
meanings indicated:
A room or a group of related rooms, among similar sets in
one building, used for both residential and commercial purposes.
[Added 10-5-2015]
Those materials as designated by the Town and posted in the
Town Clerk's office, excluding electronic waste, hazardous waste,
recyclable materials and unacceptable materials or other construction,
demolition and/or land clearing debris, whichever is more current.[1]
Nonresidential waste; most current listing of materials is
posted in the Town Clerk's office.
Any condominium association of two or more residential condominium
units located within the Town; the term shall encompass both the association
and its individual members. Residential units which have not been
granted a certificate of occupancy and/or commercial units are excluded
from the provisions of this article.
A person or firm engaged by the Town to collect, transport
or dispose of solid waste.
Electronic equipment which any governmental agency or unit
having appropriate jurisdiction shall determine from time to time
is harmful, toxic or dangerous, or otherwise ineligible for disposal.
A complete up-to-date listing of material will be posted in the Town
Clerk's office.
All containers used for the storage of waste material, stationary
compaction units, stationary bailing units, waste material loading
devices and such other on-site devices as may be required by the contractor.
That portion of solid waste which, by reason of its composition
or characteristics, is hazardous waste as defined in the Solid Waste
Disposal Act, 42 U.S.C. § 6901 et seq., and the regulations
thereunder, or in § 22a-209-1 of the Regulations of Connecticut
State Agencies, and any succeeding legislation or regulations or amendments
to the foregoing, or any other materials which any governmental agency
or unit having appropriate jurisdiction shall determine from time
to time are harmful, toxic or dangerous, or otherwise ineligible for
disposal through a resource recovery facility or other permitted facility
for disposal of residential waste.
A property consisting of multiple related rooms, among similar
sets in one building, used for both residential and commercial purposes.
[Added 10-5-2015]
Segregated and separated from residential waste; clean food
and beverage containers; paper products, including newspapers, magazines,
catalogs, junk mail, office paper, and cereal boxes; glass and metal
food and beverage containers; plastics Nos. 1 through 7; corrugated
cardboard; or other materials as designated by the Town or any governmental
agency or unit having appropriate jurisdiction, whichever is more
current. A complete up-to-date listing of material will be posted
in the Town Clerk's office. Leaves, yard waste, storage batteries,
waste oil and scrap metal shall be disposed of at disposal sites designated
by the Town and posted in the Town Clerk's office.
The type of waste normally collected from residential areas,
including but not limited to garbage, trash, rubbish, refuse, and
offal, excepting however bulk waste, electronic waste, hazardous waste,
recyclable materials and unacceptable waste. A complete up-to-date
listing of material accepted for collection will be posted in the
Town Clerk's office.
The Town of Plainville.
That portion of mixed residential waste excluding hazardous
waste but including, without limitation, explosives, pathological
and biological waste, radioactive materials, ashes, foundry sand,
earth, sand, stones, sewage sludge (unless processed to permit incineration),
cesspool and other human waste, human remains and animal carcasses,
motor vehicles, including such major motor vehicle parts as automobile
transmissions, rear ends, springs and fenders, agricultural and farm
machinery and equipment, yard waste (branches, leaves, twigs, grass
and plant cuttings), marine vessels and major parts thereof, any other
large machinery or equipment (including white goods), liquid wastes,
or nonburnable construction materials and/or demolition debris that
may present a substantial endangerment to public health or safety,
may cause applicable air quality or water effluent standards to be
violated by the normal operation of a resource recovery facility,
or has a reasonable possibility of adversely affecting the operation,
or as directed by the Town.
A.
Obligation to register.
(1)
Any person who operates or wishes to operate as a solid waste collector
in the Town shall apply for registration as a solid waste collector
with the Town in the manner prescribed by this article (pursuant to
Connecticut General Statutes Chapter 446D, § 22a-220a).
Any person operating as a solid waste collector within the Town will
be subject to the requirements and penalties provided in this article.
(2)
All persons desiring to register as solid waste collectors must apply
to the Town of Plainville Town Manager, or designee, on forms provided
by the Town. Those forms shall require the registrant to furnish all
information requested, including but not limited to:
(a)
The name of the business;
(b)
The names of all partners, officers or proprietors of the business;
(c)
A listing and description of the vehicles to be used for solid
waste collecting and hauling in the Town;
(d)
The names and addresses of all customers presently served, if
any, within the Town;
(e)
The approximate tonnage of solid waste expected to be collected
each week;
(f)
The names of all other communities serviced by the registrant;
and
(g)
Evidence of insurance in the amount of at least $1,000,000 or
such other amounts as the Town Council shall determine.
(3)
A registered solid waste collector shall update the information required
at least once yearly at the time the registration is renewed.
(4)
Registration shall be effective until the following June 30 and shall
be renewed on an annual basis during the month of June of each year.
B.
Annual registration. Collectors must register annually. Initial registration
and yearly renewal fees shall be as provided in this article. The
annual registration period shall be from July 1 to June 30 of the
following year, and registration fees shall not be prorated. The Town
Manager, or designee, shall mail written notice of the approval or
denial of an application for registration as a solid waste collector
to the applicant within 30 calendar days of receipt.
C.
Prohibition on collection, transportation and disposal by unregistered
collectors. All unregistered solid waste collectors and all solid
waste collectors whose registration has been suspended or revoked
are prohibited from engaging in the business of collecting, transporting
or disposing of solid waste generated within the Town. Violations
will be determined on a per collection violation basis (not daily).
D.
Location for disposal. Every solid waste collector and every other
person disposing of solid waste generated within the Town shall dispose
of that solid waste as follows:
(1)
The designated location of disposal for solid waste is currently
Bristol Resource Recovery Facility, 170 Enterprise Drive, Bristol,
CT 06010. Recyclable materials are currently disposed of at Murphy
Road Recycling, 655 Christian Lane, Berlin, CT 06037.
(2)
In cases of emergency the Town may direct registered collectors to
an alternative facility.
(3)
Should the Town's designated facilities change, notice of said change
will be provided to collectors with 90 days prior to change.
(4)
In addition to designating a disposal site for acceptable residential
waste, the Town may from time to time designate or identify additional
sites for disposal of unacceptable waste, e-waste, hazardous waste,
or acceptable solid waste in excess of the amount to be disposed of
at the primary designated site. Those sites may include transfer stations
for the convenience of residents, landfills, or any other type of
facility deemed appropriate by the Town. If any person will be required
to use a particular site, that site shall be designated in the manner
provided in Connecticut General Statutes § 22a-220a. If
a location is not designated the collector should dispose of said
material at a site of its choosing, legally able to accept such material.
(5)
Usage of an undesignated facility will result in violation and fines
to be determined on a per collection violation basis (not daily) and
suspension of registration.
E.
Enforcement. The Town Manager may refuse to grant registration to
any applicant, or may suspend the registration of any registered solid
waste collector, if that person violates any provision of this article,
is not insurable in accordance with this article, or is otherwise
deemed to be unsuitable. A denial or suspension of registration may
not exceed a period of 180 days for any one violation, provided that
repeated or willful violations of this article may result in permanent
refusal or revocation of registration. The following procedure dictates
the process of registration, denial of registration, and any appeals
that arise therein:
(1)
No denial, suspension or revocation notice is effective until the
person adversely affected has been notified in writing of that decision
and the reason for it and has been afforded a prompt opportunity to
appear at an informal hearing before the Plainville Town Manager,
or designee, for the purpose of responding to those reasons.
(2)
Any person aggrieved by an initial denial, suspension or revocation of registration may appeal that decision to the Town Council by filling a notice of appeal with the Town Clerk within 15 business days after the informal hearing provided under Subsection E(1) of this section is held and the decision affirmed by that official. The Clerk shall immediately notify the Town Council of that appeal.
(3)
A hearing shall be scheduled before the Town Council for a date not
more than 30 days after the notice of appeal is filed. The hearing
may be postponed or continued to a later date not more than one time
and the later date must be no more than two weeks after the original
date. Written notice of the hearing shall be given by the Town Clerk
to the person taking the appeal and to any person who requests notice
of the hearing. The hearing may be at a regular or special meeting
of the Town Council.
(4)
At that hearing, the person aggrieved shall be permitted to present
evidence and witnesses. No formal rules of evidence shall apply, but
the Town Council may exclude irrelevant or duplicative evidence. The
Town Council shall make its decision within 45 days of the date the
notice of appeal is filed. The decision may uphold the decision denying,
suspending or revoking the registration, reverse the decision and
order the registration granted or reinstated, or order the registration
granted or reinstated with modifications. The decision of the Town
Council shall be final.
F.
Penalty. Every person who violates any provision of this section
shall be guilty of a violation, as defined in Connecticut General
Statutes § 53a-27(a), and shall be subject to maximum fine
for each collection or day that the violation continues. Fines for
failure to register, failure to utilize appropriate location of disposal,
violation of prohibition and registration and annual renewal shall
be imposed by the Town Council of up to $1,000.[1]
A.
Collection. Residents and owners of residential properties eligible
for Town collection of residential wastes shall put all waste and
recyclable materials in Town-provided collection carts and place such
containers near the street or curb locations of their respective property
not sooner than 12 hours before the pre-announced scheduled collection
day for their respective locations. Collection carts are to be placed
at the curb no later than 6:00 a.m. on the designated collection date.
Collection carts shall be promptly and properly removed from such
locations within 12 hours after collection. The collector of solid
waste shall not be required to make collections except as specified
herein.[1]
B.
Eligible properties for Town collection of residential waste and
recyclable material.
(1)
Eligible
properties are:
(a)
One- to four-family dwellings.
(b)
Any multifamily dwelling which received Town collection of residential
waste and recyclable materials on or before September 1, 2011.
(c)
Churches except those which produce volume of waste greater than that produced by dwellings in Subsection B(1)(a) above.
(d)
Group homes.
(e)
A food pantry and the Masonic Lodge.
(f)
Mixed-use property where the ground floor may have a professional
or commercial use and the upper floors have residential use not exceeding
four dwellings.
(g)
Plainville campgrounds.
(h)
Mobile homes where collection carts are placed on a Town street.
(i)
Residential dwellings where the lot may be partially in the
Town and partially in a bordering town, provided that the structure
is located in the Town.
(2)
The number of collection carts for residential waste and recyclable materials provided without charge for each eligible property shall be determined in the sole discretion of the Town Manager or his designee. Eligible properties seeking additional collection carts, if approved by the Town Manager or his designee, shall be charged a fee as set forth in § 341-15.[2]
(3)
The
Town Council may, in its sole discretion, determine additional eligible
properties.
C.
Collection carts. Carts for the collection of recyclable materials
and mixed residential waste will be provided by the Town in the following
manner:
(1)
Each residential address will receive one collection cart for waste
and one collection cart for recyclable materials.
(2)
Collection carts will be supplied by the Town of Plainville of a
size deemed appropriate. All other containers will be deemed inappropriate
and waste placed in them will not be collected.
(3)
Collection carts are the property of the Town and shall not be removed
from their assigned property.
(4)
Residents may not place any acidic, flammable, or hazardous wastes,
e-waste, or unacceptable wastes in collection carts or equipment.
(5)
Collection carts shall not be marked, tagged, or otherwise individually
identified as property of a person (examples include spray paint markings,
stickers, address numbers, carved letters or addresses, and the like).
(6)
Collection carts shall not be destroyed, mangled, modified, or altered
in any form, including use for the incineration of material.
(7)
Collection cart loss or damage is the responsibility of the property
owner. There shall be a fee, as determined by the Town Council, for
the replacement of collection carts should there be any loss or damage
as described above. The only instances where this is waived are theft,
contractor neglect or normal, reasonable wear and tear, as determined
by the Town Manager or his designee. Theft of collection cart should
be promptly reported to police. A copy of the police report will be
required before a new collection cart is obtained and fee is waived.[3]
D.
Collection cart placement. Carts shall be placed at curbside as described
by instructions prepared and distributed by the Town.
E.
Materials collected. The Town will collect residential waste in a collection cart identified for this purpose and recyclable materials in another designated collection cart. Bulky waste will disposed of as described below. Materials collected shall be as defined in § 341-8, Definitions. Only residential waste and recyclable material will be collected. Any other products included, resulting in a contamination, will result in penalties as provided in § 341-14 of this article.[4]
F.
Collection. Collection shall occur in accordance with a schedule
as promulgated by the Town. The schedule shall be published in a newspaper
having a general circulation in the Town at least 30 calendar days
in advance.[5]
G.
Bulky waste. There will be at least one opportunity a year for residents
to dispose of bulky waste. Specifics of disposal, including location,
times, and materials collected, will be published at least 30 calendar
days in advance in a newspaper having a general circulation in the
Town.[6]
H.
Additional collection cart. Each residence may request one additional
collection cart for recyclable materials. Each residence may also
request one additional collection cart for residential waste. There
shall be an additional yearly fee for each additional collection cart
as determined by the Town Council. Residential waste collection carts
shall cost more than recyclable materials collection carts. Distribution
of additional collection carts shall be in a manner as determined
or directed by the Town.
I.
Violations. Every person who violates any provision of this section
or any other applicable provision shall be subject to fines as annually
determined by the Town Council.
A.
Condominium association collection of recyclable materials and residential
waste.
(1)
The Town intends to continue picking up residential waste and recyclable
materials from condominiums on a regular basis as began on or about
August 1, 1989.
(2)
It is the intent of the Town to continue to engage an outside collector
or waste contractor to perform condominium waste collection for the
Town. If an outside collector or contractor is used for this service,
the Town will contribute an amount equal to that currently being spent
for residential waste collection toward the per annum condominium
waste collection fee charged by said collector or contractor. Each
condominium association shall be responsible for that sum which is
in excess of the amount contributed by the Town.
B.
Condominium association duties and responsibilities.
(1)
Each condominium association will hold harmless and indemnify the
collector or contractor against all claims, lawsuits and any other
liability for injury to persons or damage to property arising out
of the possession or use of the collector's or contractor's equipment
("equipment") by said association.
(2)
Each condominium association shall be responsible for the cleanliness
and safekeeping of the equipment located on its premises.
(3)
All equipment furnished by the collector or contractor for use by
any association, which said association has not purchased, shall remain
the property of the collector or contractor and said association shall
have no right, title, or interest in it.
(4)
No association shall make any alterations or improvements to the
equipment located on its premises without the prior written consent
of the collector or contractor.
(5)
No association shall overload the equipment nor use it for incineration
purpose. Each association shall be liable to the collector or contractor
for any loss or damage in excess of normal, reasonable wear and tear.
(6)
No association shall place any acidic, flammable, or hazardous wastes,
e-waste, or unacceptable wastes in the equipment.
(7)
Each association agrees that the contractor shall be the sole owner
of any and all refuse, waste material, or other material disposed
of, dumped and/or stored in any of the collector's or contractor's
equipment.
(8)
Each association agrees that it will not in any way interfere with
the collector's or contractor's ownership of said waste material.
[Added 10-5-2015]
A.
Apartment complex/mixed-use property recycling collection.
(1)
It shall be the responsibility of each owner of any apartment complex consisting of six or more units, including mixed-use buildings containing residential units of six or more, exclusive of those eligible properties referenced in § 341-10B of this article, to provide for the safe storage and disposal of recycling items to each occupant of each unit in accordance with § 22a-241b of the Connecticut General Statutes.
(2)
The items to be recycled under this section are those contained in the definition of "recyclable materials" in § 341-8 of this article.
(3)
It shall be the responsibility of each owner of any apartment complex consisting of six or more units, including mixed-use buildings containing residential units of six or more, exclusive of those eligible properties referenced in § 341-10B of this article, to provide for the pickup of recycling items at least twice a month during each calendar month of the year.
B.
Violation and enforcement.
(2)
Any unpaid fines for any violation of the provisions of this section
of this article shall be added to the particular sewer usage charge
for the property and the fine shall be required to be paid to the
payment of the sewer usage charges.
(3)
This section of this article shall be enforced by the Town Manager
or his designee.
On the effective date of this article, the "Ordinance On the
Collection and Disposal of Solid Waste Within the Town of Plainville"
adopted by Town Council August 2, 1985; "Ordinance Regarding Rubbish,
Garbage, Refuse and Other Wastes" adopted by Town Council April 6,
1987; "Ordinance Regarding the Pickup of Rubbish, Garbage, Refuse
and Other Wastes From Condominiums" adopted by Town Council June 19,
1989; and "Ordinance Implementing Recycling Within Town of Plainville"
adopted by Town Council November 19, 1990, amended April 19, 1999,
are hereby repealed and replaced with this article titled "Total Recycling
and Solid Waste Handling (T.R.A.S.H.) Ordinance of 2011."[1]
