[Ord. 2545, 8-16-2011]
The purpose of this ordinance is to ensure that the accumulation,
collection, removal and disposal of waste is managed to protect the
public health, safety and welfare.
[Ord. 2545, 8-16-2011]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Stoves, refrigerators, water tanks, carpeting, mattresses,
box springs, washing machines, discarded household furniture, tires,
appliances, building waste, or other non-putrescible and non-hazardous
materials with weights or volumes greater than those specified for
a refuse bin.
A house or building, or portion thereof, or any enclosed
space wholly or partly used or intended to be used for living, sleeping,
cooking and/or eating by one or more families or households.
All putrescible wastes, including, but not limited to, vegetable
matter, animal offal, excluding recognized industrial by-products.
Waste or substances designated or identified as hazardous
by any law enforced by, or regulation of, the United States Department
of Environmental Protection, the Commissioner of Environmental Protection
for the State of Connecticut, any town ordinance, or by the Recycling
Coordinator.
Includes processing wastes or rubbish associated with mechanical
or chemical transformation of inorganic or organic substances into
new products or from assembling component parts.
Any person living or sleeping in a building or having possession
of a space within a building.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Any dwelling, house, building or other structure and the
real property located thereon.
Solid waste containing organic material that can be rapidly
decomposed by micro organisms, and that may give rise to foul smelling,
offensive products during decomposition or which is capable of attracting
or providing food for birds and potential disease vectors such as
rodents and flies, including but not limited to bones; meat; meat
scraps; fat; grease; fish; fish scraps; vegetables; fruit; and food
containers or products contaminated with food wastes, particles or
residues.
Reusable materials including newsprint, glass, aluminum,
bi-metal cans, plastics or any material that may be established as
a recyclable by the Recycling Coordinator from time to time.
A container provided by the town for use by the owner or
occupant of a dwelling for the storage and disposal of recyclables.
Together with or separate from a refuse bin, the term may be referred
to as a "bin" or as "bins."
All putrescible and non-putrescible solid wastes, including
garbage and rubbish, generated by residential activities. Refuse shall
not include recyclables, bulky waste, construction and demolition
waste, household hazardous waste or yard waste.
A container provided by the town for use by the owner or
occupant of a dwelling. Together with or separate from a recycle bin,
the term may be referred to as a "bin" or as "bins."
Such unwanted residual solid or semisolid material as results
from industrial, commercial, agricultural, household, community and
private operations, excluding earth material from construction, mining,
demolition operations, and slag. Such material shall be deemed to
include, but not be limited to, garbage, rubbish (both combustible
and non-combustible), street dirt, debris, ashes, yard waste, any
discarded matter to be removed from public and private properties
and other like substances which may be harmful or inimical to public
health, as well as other items determined to be solid waste by the
Town of Windham.
The Town of Windham, Connecticut, and includes its agents,
officers and employees.
An insect, rodent, bird or other animal, which can transmit
infectious diseases from one person or animal to another person or
animal.
Organic materials including cut branches, limbs of no more
than three inches in diameter, leaves, mowed grass, shrubbery trimmings,
weeds and Christmas trees, primarily generated from landscaping and
yard care activities.
[Ord. 2545, 8-16-2011; amended 6-21-2016 by Ord. No. 2684A]
(a)
Intent. The intent of this section is to provide for the health,
safety and welfare of the residents of the Town of Windham by encouraging
recycling and reuse of discarded materials, and by encouraging the
proper disposal of municipal solid waste that is destined to go to
an energy recovery facility or a landfill.
(b)
BULKY WASTE
CLEAN FILL
HAZARDOUS WASTE
PERMITTEE
RECYCLABLES
RENTAL UNIT OWNER
RESIDENT
SOLID WASTE
TRANSFER STATION
Definitions. The following terms shall have the meanings ascribed
to them herein, except where context clearly indicates a different
meaning:
Construction, demolition or land-clearing debris other than
clean fill, brush stumps, and may include other items as defined by
the State Department of Environmental Protection.
Materials suitable for cover in the landfill which are virtually
inert and pose neither a groundwater nor surface water pollution threat
or a fire hazard.
All waste which may pose a threat or potential hazard to
human health when improperly treated, stored or disposed of, or otherwise
managed as defined by the State Department of Energy and Environmental
Protection.
The holder of a currently valid permit issued pursuant to
this section.
Shall include, but not be limited to, newspapers, magazines
and catalogs, corrugated cardboard and fiberboard/paperboard/boxboard
containers, office paper, paper envelopes, flyers, computer paper,
coupons, brochures, magazines, catalogs, telephone books, cartons,
plastics, beverage and household containers, motor oil, scrap metal,
mattresses and box springs, all State Department of Energy and Environmental
Protection mandated items, and such other materials as may be identified
in any rule adopted hereunder.
Any person who owns no more than five rental units within
the Town of Windham.
Any person who resides in Windham and generates household
trash.
Any recyclables, and any solid, liquid, semisolid or contained
gaseous material, but excludes bulky waste and hazardous waste.
The premises constituting any waste disposal area owned and
designated by the Town of Windham for the transfer and disposal of
solid and bulky waste by residents.
(c)
Prohibited conduct.
(1)
No person shall dispose of any solid waste or bulky waste at the
transfer station except in accordance with the provisions of this
section.
(2)
No person shall dispose of solid waste or bulky waste at the transfer
station without having a valid permit for the disposal of such waste,
as provided in this section.
(3)
No person shall conduct scavenging activity at the transfer station.
(4)
No person shall dispose of motor vehicle bodies or chassis, boats,
manufactured or other mobile homes, campers, hot coals, animal remains,
hazardous waste as defined by the Department of Energy and Environmental
Protection and other materials identified as prohibited by any rule
adopted under this section at the transfer station.
(5)
No person shall dispose of any solid waste or bulky waste originating
outside the boundaries of the Town of Windham, at the transfer station,
except in accordance with an agreement as authorized by the Town Council.
(6)
No person shall fail to comply with any rule adopted hereunder for
the use of the transfer station.
(d)
User permits.
(1)
Residents. Use permits shall be issued biennially to any resident
of the Town of Windham upon proof of residency in the Town of Windham
and a corresponding vehicle registration in the Town of Windham. Permits
shall be issued for a vehicle, and the resident must affix the permit
to the windshield of the vehicle. Permits shall not be transferable.
Resident permits shall authorize the permittee to dispose of only
the solid waste and bulky waste generated at their residences.
(2)
Rental unit owners. Use permits shall be issued biennially to any
rental unit owner upon proof of ownership of no more than five rental
units in the Town of Windham. Permits shall be issued for a vehicle,
and the permit holder must affix the permit to the windshield of the
vehicle. Permits shall not be transferable. A use permit shall authorize
the permittee to dispose of only the solid waste and bulky waste generated
by the five or fewer rental units owned by the permittee in the Town
of Windham.
(3)
Landlords owning six or more units in the Town of Windham. Use permits
shall be issued biennially to any person who owns six or more rental
units within the Town of Windham upon proof of ownership of six or
more rental units in the Town of Windham. Permits shall be issued
for a vehicle, and the permit holder must affix the permit to the
windshield of the vehicle. Permits shall not be transferable. Permits
shall authorize the permittee to dispose of only the solid waste and
bulky waste generated by the rental units owned by the permittee in
the Town of Windham.
(4)
Temporary permits for hardships.
a.
The Town Manager or his designee may issue temporary permits to use
the transfer station where:
1.
A person duly acts on behalf of an estate of a decedent who
was a resident of the Town of Windham and who acts consistent with
the administration and closing of an estate.
2.
A person duly acts on behalf of another as a conservator or
under a durable power of attorney.
3.
A person presents circumstances showing a unique hardship.
4.
There is an emergency.
b.
No temporary use permit shall be issued for the disposal of any solid
waste or bulky waste generated from outside of the boundaries of the
Town of Windham. A temporary permit shall be issued only for such
period of time as is necessary.
(e)
Fees. The Town Council shall establish by resolution user permit
fees and disposal fees, and in respect of rental unit owners or owners
of six or more units, such fee may be based upon the number of rental
units. The Town Council may also establish by resolution fees for
disposal. No user fee or fee for disposal shall be charged to a resident.
(f)
Rules. The Town Manager or his designee may establish reasonable
rules for the operation of the transfer station not inconsistent with
the provisions of this section or resolution of the Town Council adopted
hereunder. Such rules shall be posted at the transfer station and,
where practicable, posted on the Town of Windham website.
