[HISTORY: Adopted by the Town of Burlington as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising matter and newspapers — See Ch. 123.
[Adopted 6-3-1996]
A.
No person shall engage in any activity which violates:
The First Selectman of Burlington shall appoint one or more persons to issue littering, dumping, and recycling citations and enter orders authorized by this article. Such officials shall not be persons appointed as hearing officers pursuant to § 296-4.
A.
The environmental protection official may issue citations for any violation of § 296-1 of this article. Such citation shall be on a form as approved by the First Selectman of the municipality.
C.
Any person who engages in an activity which violates C.G.S. § 22a-220(f),
§ 22a-220a(i) or § 22a-250(a) shall be assessed
a civil penalty for the first offense of up to the amount permitted
by the Connecticut General Statutes, as amended, and for a second
or subsequent offense a civil penalty of up to the amount permitted
by the Connecticut General Statutes, as amended. Any person who engages
in an activity which violates C.G.S. § 22a-220a(f) shall
be assessed a civil penalty of up to the amount permitted by the Connecticut
General Statutes, as amended.
The First Selectman of Burlington shall appoint one or more
persons to conduct littering, dumping, and recycling violations hearings
and enter orders authorized by this article. The hearing officer shall
be appointed in the same manner as members of the municipal boards
and commissions. A hearing officer shall not be authorized to issue
citations or be employed by the municipality.
A.
Any person or persons to whom a citation is mailed or delivered pursuant
to the provisions of this article shall have the right to file an
appeal from any such citation. Any such appeal shall be commenced
by filing with the First Selectman, within 10 days from the date of
receipt thereof, a written and dated appeal containing:
(1)
A description, or the address, of the premises or location involved
in the citation.
(2)
The name and mailing address of each person participating in the
appeal.
(3)
A brief statement setting forth the interest of such person in the
premises described in the citation, if any.
(4)
A brief statement identifying the specific ordinance or statute under
which the appeal is being brought, together with any facts supporting
the appeal.
(5)
A statement of the relief sought and any reasons why the citation
should be reversed, modified or set aside.
(6)
A verification by the person or persons participating in the appeal
as to the truth of the matters set forth in the appeal.
B.
Upon receipt of the sum of $50, refundable if the applicant's appeal
is sustained, the First Selectman shall appoint a hearing officer
to hear the appeal.
A.
After receipt of any appeal filed pursuant to § 296-5, the hearing official shall provide written notice of the date, time and place of the hearing by causing a copy of such notice to be delivered personally to the appellant, or by mailing a copy to the appellant by certified mail, postage prepaid, to the address shown on the appeal. The hearing date shall be not less than 15 days nor more than 30 days from the date of mailing or delivery of such notice, provided the hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance.
B.
Enforcement of any citation and abatement order of the environmental
protection official shall be stayed during the pendency of a timely
and properly filed appeal.
A.
The rules of evidence for hearings pursuant to § 296-6 shall be as follows:
(1)
Any oral or documentary evidence may be received, but the hearing
officer shall, as a matter of policy, provide for the exclusion of
irrelevant, immaterial or unduly repetitious evidence;
(2)
Hearing officer shall give effect to the rules of privilege recognized
by law;
(3)
When a hearing will be expedited and the interests of the parties
will not be prejudiced substantially, any part of the evidence may
be received in written form;
(4)
Documentary evidence may be received in the form of copies or excerpts,
if the original is not readily available, and, upon request, parties
and the hearing officer conducting the proceeding shall be given an
opportunity to compare the copy with the original;
(5)
A party and such hearing officer may conduct cross-examinations required
for a full and true disclosure of the facts;
(6)
Notice may be taken of judicially cognizable facts and of generally
recognized technical or scientific facts within the hearing officer's
specialized knowledge;
(7)
Parties shall be notified in a timely manner of any material noticed
and they shall be afforded an opportunity to contest the material
so noticed; and
(8)
The hearing officer's experience, technical competence, and specialized
knowledge may be used in the evaluation of the evidence. The hearing
officer, by way of mail, may accept from the appellant copies of police
reports, investigatory and citation reports, and other official documents.
B.
Each appellant may be represented by an attorney. The presence of
the environmental protection official shall be required at the hearing
if the appellant so requests. An appellant shall appear at the hearing
and may present evidence on his or her behalf. An environmental protection
official or any municipal official, other than the hearing officer,
may present evidence on behalf of the Town. If an appellant fails
to appear, the hearing officer may enter an assessment and order by
default.
C.
The hearing officer shall render a written decision within 10 business
days of the completion of the hearing and file such decision with
the office of the First Selectman within five business days thereafter.
The decision of the hearing officer shall be final and shall be served
upon the appellant, either personally or by certified mail, postage
prepaid, within seven days of the date when such decision is entered.
A.
If it is determined by the hearing officer that an appellant is not
in violation of the provisions of this article, the matter shall be
dismissed as to that appellant and the hearing officer shall enter
such determination, in writing, and the record of the citation shall
indicate such dismissal within 10 business days of the filing of the
decision with the Town Clerk.
B.
If it is determined that one or more appellants are in violation
of any of the provisions of this article and the issuance of the citation
is proper, the hearing officer shall order each such appellant to
pay the applicable fine and, if appropriate, shall forthwith order
each such appellant to abate the described condition within 30 days
from the date of such order. The hearing officer shall enter such
determination in writing and shall file such order with the Town Clerk.
In the event that the abatement is not completed within 30 days of
the date of such order, the hearing officer, upon certification from
the environmental protection official that the abatement has not been
completed, shall forthwith enter and assess against each such appellant
a fine not to exceed $100 for each offense. If such assessment is
not paid on the date of its entry, the hearing officer shall send
by certified mail, return receipt requested, a notice of the assessment
to the person or persons found liable and, not less than 30 days nor
more than 12 months after such mailing, file a certified copy of the
notice of assessment with the Town Clerk.
The First Selectman of Burlington may take whatever means necessary
to enforce the orders of the hearing officer.
Any funds collected pursuant to this article shall be placed
in the special fund established to pay for litter enforcement or other
environmental protection costs.
[Adopted 6-5-2018]
This article is adopted by the Town of Burlington as part of
a long-term plan for safe and sanitary disposal of solid waste and
recyclables, and to establish measures to assure compliance of persons
within the Town boundaries and of collectors with the requirements
of state statute for separation, collection, processing and marketing
of solid waste and recyclables.
As used in this article, the following terms shall have the
meanings indicated:
The duly elected Board of Selectmen of the Town of Burlington.
Any person or entity who or which holds himself or itself
out for hire to collect, haul, transport, or dispose of solid waste
or recyclable solid waste from residential, business, commercial,
or other establishments.
Includes hotels, motels, inns, restaurants, retail businesses,
food markets, commercial offices, residential rental complexes having
more than four units and schools, both public and private.
The Commissioner of Energy and Environmental Protection of
the State of Connecticut or his authorized agent.
A place or area designated by the Board of Selectmen.
The General Statutes of Connecticut as amended.
That portion of solid waste as defined in the service agreement
for the operation of the Bristol trash-to-energy plant.
A facility where glass, metals, paper products, batteries,
household hazardous waste, fertilizers, and other items are sorted
and processed from the waste stream for recycling or reuse. See "processing
center."
An individual person, corporation, trust, estate, partnership,
association, joint venture, government, governmental subdivision or
agency, or any other legal entity.
The Regional Intermediate Processing Center (IPC) for the
disposition of recyclables, as designated by the Board of Selectmen.
The type of household waste normally generated, collected
or disposed of in the Town, which is or has been designated by the
Commissioner of Energy and Environmental Protection to be recycled,
including but not limited to cardboard, glass and food beverage containers,
metal food and beverage containers, newspapers, office paper, scrap
metal, white (office) paper, plastics, waste oil, electronic devices,
leaves and storage batteries and any other items as may be designated
by the Commissioner, excepting unacceptable waste and hazardous waste.
The Town shall maintain a detailed list of recyclables which may be
modified from time to time on its website.
To separate or divert an item or items from the solid waste
stream for the purposes of processing it or causing it to be processed
into a material product, including the production of compost, in order
to provide for disposition of the item or items in a manner, other
than incineration or land filling, which will best protect the environment,
and is available to the Town.
Property with a dwelling unit(s), owned or rented, containing
not more than four rental dwelling units, but shall not include hospitals,
institutions, motels, hotels, or inns, or any attached retail or commercial
facility.
Solid waste remaining after any recycling facility holding
a permit has processed the waste, but excluding wastes which are toxic
or hazardous.
The collection of solid waste or recyclables that have been
placed at the curb for collection by persons who are not authorized
solid waste/recyclables collectors.
Used or discarded items which consist predominately of ferrous
metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys
thereof, including but not limited to "white goods" as defined in
this section.
All discarded materials or substances, including but not
limited to garbage, refuse, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous materials, incinerator residue, demolition and construction
debris, offal and other discarded materials and substances resulting
from industrial, commercial, mining and agricultural operations and
from community activities, but not including sewage and other highly
diluted water-carried materials or substances and those in gaseous
form or solid or dissolved materials in irrigation return flows or
industrial discharges, or source, special nuclear or by-product materials
within the meaning of the Atomic Energy Act of 1954, as amended.
The State of Connecticut.
Lead acid batteries or other batteries used in devices such
as automobiles, airplanes, boats, recreational vehicles, tractors
and computer systems.
The Town of Burlington, and includes authorized officers,
boards, commissions, committees, and agencies of the Town.
That portion of solid waste as defined in the service agreement
for the operation of the Bristol trash-to-energy plant.
Crankcase oil that has been utilized in internal combustion
engines.
Refrigerators and freezers with doors removed, water heaters,
washers, dryers, and stoves, as well as small and large household
appliances.
The Board of Selectmen is authorized to adopt reasonable rules
and regulations to put this article into effect. The Board of Selectmen
is authorized to modify the rules and regulations to maintain the
orderly functioning of this article. Such rules and regulations shall
be in writing and shall be effective upon publication.
A.
The Town will supply a single set of solid waste and recyclables
collection containers to each residence in the Town. The containers
shall remain the property of the Town.
B.
Upon receipt of a set, the occupant of the dwelling unit shall immediately
label the containers with the address of the dwelling unit where the
containers shall be used. All containers shall be so labeled the first
time they are set out for collection.
C.
All containers shall be the property of the Town. Upon moving or
vacating the dwelling until, the occupant shall leave the containers
with and for the use of the new occupants of the dwelling unit. When
a container is lost or damaged, the occupant of a dwelling unit shall
replace the container with a like type of container which shall be
purchased from the Town or suppliers designated by the Town and shall
become the property of the Town.
D.
Collectors of residential recyclables and solid waste shall handle
containers in a manner which shall minimize any damage to them and
assure that the containers are available for reuse by the occupants
of the dwelling unit to which they are assigned. Any containers rendered
unusable by the collector shall be replaced by the collector.
A.
Any person who generates solid waste from residential property shall
separate from the such solid waste items designated for recycling
by the Commissioner.
B.
Notwithstanding the definition of "solid waste" in § 296-12 above, the following items shall be separated from solid waste generated from residential property and recycled:
C.
All residential recyclables and solid waste shall be separated by
the generator and placed in containers or packaged for collection
at the curb or designated location for disposal or pickup in a manner
required by this article and other ordinances and rules and regulations
of the Town pertaining to waste.
D.
All recyclables and solid waste shall be prepared and disposed of
by the occupants of the dwelling unit in a safe and sanitary manner.
A.
Any person who generates solid waste from other than a residential
property shall separate from other solid waste those items designated
for recycling by the Commissioner.
B.
Any person who generates recyclables or solid waste from commercial,
industrial, business or nonresidential property, as herein defined,
shall dispose of such items in a safe and sanitary manner in designated
receptacles for such products.
C.
Owners of commercial, industrial, business, or nonresidential property,
as herein defined, where recyclables and solid waste are generated
shall provide sufficient and adequate areas and/or receptacles on
the premises for the separation and storage of recyclables and solid
waste. All receptacles shall be clearly labeled as to type of products
to be deposited in the receptacle and the address of the property.
D.
Recyclables and solid waste shall be segregated and packaged as required
by the collector so as to be accepted for processing at any site or
recycling solid waste facility designated by the Board of Selectmen
or, in the absence of such designation, at a site determined by the
collector.
E.
Owners of commercial, industrial, business or nonresidential property
shall make sure that all receptacles are maintained in a safe and
sanitary manner.
Every collector and person disposing of recyclables and solid
waste generated within the Town shall dispose of recyclables and solid
waste as follows:
A.
The Board of Selectmen shall from time to time designate and publish
which items of solid waste and recyclables shall be disposed of curbside
in the designated collection containers and which items shall be disposed
of at other sites and the location of other sites.
(1)
All designated solid waste and recyclables collected from residential
property shall be taken directly to the designated disposal sites.
(2)
The collector shall keep and maintain records of the quantity and
type of recyclables and solid waste delivered to each disposal site,
the location and date of delivery of such items to the site.
(3)
No solid waste or recyclables from any other town shall be disposed
of at any Town disposal site, unless express, advance written permission
is first obtained from the First Selectman. The collector shall comply
with all requirements pertaining to such alternate disposal.
(4)
All other solid waste generated within the Town and collected from
any other source shall be separated by the collector into recyclable
and other solid waste. The recyclable solid waste shall be further
segregated and packaged to be disposable at the center or at such
other designated disposal sites for the particular type and category
of recyclables, as designated and published by the Board of Selectmen.
B.
Any collector who is requested or contracted to transport residue
remaining after the center or other recyclables disposal area has
processed any portion of the Town's recyclables shall transport
such residue to the solid waste disposal facility designated by the
Board of Selectman. The collector shall comply with all reporting
and record keeping requirements of the center and of any other recyclables
and solid waste disposal facility designated by the Town.
C.
After a disposal site for the Town's solid waste and recyclable
solid waste has been designated, and after the Town has been notified
in accordance with its contracts that the site is available to use,
the Board of Selectmen shall give notice of the requirements for the
solid waste disposal. After the notice is published, all persons collecting,
transporting or disposing of recyclables in the Town shall comply
with the requirements of that notice not later than the date specified
for compliance in the notice.
D.
Notice that a designated disposal site for solid waste or recyclables
is available for either partial or full use shall be published in
the same manner as is required for hearings before ordinances are
adopted by the Town. In addition, individual notice of those requirements
shall be mailed to every person who is registered in the Town as a
collector. The notice shall specify the date after which all collectors
disposing of solid waste and recyclables in the Town must use that
disposal site and shall generally state any other necessary requirements
for that disposal, such as limitations on that amount of solid waste
and recyclables which may or must be delivered, or the dates or times
at which delivery must be made.
E.
In addition to designating a disposal site for solid waste and recyclables,
the Town may from time to time designate or identify additional sites
for disposal of unacceptable waste, hazardous waste, or recyclables
in excess of the amount to be disposed of at the primary designated
site. Those sites may include transfer stations or drop-off sites
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 C.G.S. § 22a-220a.
F.
All recyclables and solid waste shall be secured in transit in such
a manner as to prevent the waste from being scattered on roads and
highways.
G.
No hazardous materials and/or hazardous waste shall be deposited
at any facility in the Town.
A.
All recyclables and solid waste are subject to inspection at curbside
or designated pickup locations by the collector and/or the Town to
determine proper separation and segregation of recyclables and solid
waste as set forth in this article or as defined in the collection
regulations as established by the Town or as defined by the Commissioner.
B.
The collector shall notify the First Selectman of any violation of
this article within 24 hours of its discovery. Notification shall
be in a manner and fashion prescribed by the First Selectman.
C.
The First Selectman, upon receipt of notice of a violation from a
collector, shall give written notice to the generator of the recyclables
or solid waste that a violation has occurred. Upon receipt of a second
notice of violation from to the same generator, the First Selectman
shall issue a second notice of violation which shall advise the generator
that subsequent violations shall be cause for penalties in accordance
with this article, and that future recyclables or solid waste from
said dwelling unit may not be collected at the sole option of the
Town.
D.
Any person who violates any provision of this article shall be guilty
of a violation, as defined in C.G.S. § 53a-27(a), and shall
be subject to a maximum fine of $100 for each violation.
A.
It shall be a violation of this article for any person, other than
the generator of recyclables or solid waste or a registered collector,
to scavenge recyclables or solid waste for any purpose. Scavenging
shall include collecting, recovering, hauling, storing or disposing
of recyclables or solid waste other than as authorized by this article.
B.
Each occurrence of scavenging in violation of this article shall
constitute a separate offense.
A.
Any person who intends to operate as a collector in Town shall register
in advance in the manner prescribed by this article. Any person who
operates as a collector without proper registration within the Town
30 days after the effective date of this article or thereafter will
be subject to the penalties provided in this article.
B.
All vehicles registered to collect and transport solid waste or recyclables
shall be maintained free of obnoxious odors and accumulated refuse.
C.
Any such vehicle shall be of closed construction.
D.
The two front doors of any vehicle used by a collector to haul solid
waste or recyclables generated within the Town shall be clearly marked
with the business name and address of such collector.
E.
The Board of Selectmen shall, by mail, give notice of this article
and any regulations promulgated hereunder for the collection, hauling,
processing and marketing of items required to be collected to all
collectors registered in the Town. After receipt of such notice, any
collector who has reason to believe that a person from whom he has
collected solid waste has combined recyclable items with other solid
waste shall promptly notify the First Selectman of the alleged incident.
Upon request by the First Selectman, a collector shall provide a warning
notice, by tag or other means, to any person suspected by the First
Selectman of violating the separation requirements of this article.
Each collector shall also notify the First Selectman of any person
depositing for collection quantities of items required to be recycled
mixed with solid waste for delivery to the Bristol Resources Recovery
Facility.
F.
As required by C.G.S. § 22a-220c, the owner or operator
of each resources recovery facility or solid waste facility who has
reason to believe, upon visual inspection, that a load of solid waste
which is delivered to the facility contains quantities of any items
required to be recycled is required to provide prompt notification
of such belief to the driver of the vehicle delivering the load and
to the administrator of the recycling program if the load originated
within the Town. Under said statute, the owner or operator of each
resources recovery facility or solid waste facility is also required
to conduct unannounced inspections of loads delivered to resources
recovery facilities or solid waste facilities.
G.
Any collector who dumps more than one cubic foot in volume of solid
waste at one time in an area within the Town not designated for the
disposal of such solid waste or who knowingly mixes recyclables with
other solid waste shall for a first violation be liable for a civil
penalty of up to $2,500 and for each subsequent violation shall be
liable for a civil penalty of up to $10,000. The Town or the Attorney
General at the request of the Commissioner may bring an action under
C.G.S. § 22a-220a, which action shall have precedence in
the order of trial as provided in C.G.S. § 52-191.
H.
Any collector who knowingly deposits recyclables or solid waste which are not generated within the Town of Burlington in a Town-designated disposal facility shall for the first violation be liable for a civil penalty of up to $1,000. A subsequent violation will automatically cancel his operating permit with the Town and may result in a civil penalty of up to $5,000. Refer to § 296-23 of this article and Public Act 249 of the Connecticut General Statutes.[1]
[1]
Editor's Note: See Public Act 90-249, C.G.S. § 22a-220a.
A.
All persons intending to act as collectors shall apply in writing
for registration and issuance of a permit before July 1 of each year
with the Board of Selectman on forms provided. The applicant must
furnish all information requested, including but not limited to:
(1)
The name of the business and whether a corporation, partnership or
sole proprietorship;
(2)
The names of all stockholders (if corporation not public held), directors,
partners, officers or proprietors of the business;
(3)
A listing and description of the vehicles to be used for hauling
solid waste or recyclables;
(4)
The names and addresses of all customers presently served, if any,
within the Town;
(5)
The names of all other Connecticut communities served by the applicant;
(6)
Evidence of liability insurance in an amount of at least $1,000,000
or such other amounts as the Board of Selectman shall determine; and
(7)
Whether the applicant plans to collect recyclables or solid waste
generated from residential property or from commercial, business,
municipal and other sources within the Town, listing each.
B.
A registered collector shall update the information required by Subsection A at least once each year at the time of registration renewal.
C.
If new equipment is introduced between registration periods, a listing
and description of the vehicle must be immediately given to the Board
of Selectman.
D.
If any existing equipment is altered or modified in any way as described in Subsection C above, similar notification is required.
E.
Once approved, the registration and permit shall be effective until
the following June 30 and, unless properly renewed, shall then lapse.
F.
The initial registration fee shall be $100 and each annual renewal
shall be $100. Registration fees shall not be prorated.
A.
Every collector shall obtain and utilize reporting forms provided
by the First Selectman.
B.
Every collector shall keep and maintain complete and accurate records
of the disposal of recyclables and solid waste.
C.
All information requested shall be submitted quarterly to the Board
of Selectmen, including but not limited to the following:
(1)
The total tonnage of recyclables and solid waste, derived from each
municipality, recorded by truckload;
(2)
The disposal facility to which the waste is taken and the total tonnage
disposed of at such facility or facilities; and
(3)
The amount of solid waste derived from a recycling facility which
has processed the Town's recyclables transported from that facility
to the Bristol trash-to-energy facility.
A.
The Board of Selectmen is authorized to adopt reasonable rules and
regulations to put this article into effect. Such regulations shall
be in writing and shall be effective upon publication in a newspaper
having general circulation in the Town.
B.
The First Selectman shall mail written notice of the approval or
denial of an application for registration as a collector to the applicant
within 60 days after the submission of the completed application.
Registration is effective only upon approval and issuance of the notice
of approval and permit.
C.
The First Selectman may refuse to grant registration to any applicant,
or may suspend the registration and/or permit of any registered collector,
if that person has violated or does violate any provision of state
law pertaining to solid waste or recyclables, violates any provision
of this article, is not insured in accordance with this article, uses
equipment not in compliance with the regulations of this article,
or is otherwise deemed unsuitable as a collector. A suspension of
registration and/or permit may not exceed a period of 180 days for
any one violation, provided that repeated or willful violation of
this article may result in permanent revocation of registration and/or
permit without right to reapply.
D.
No denial, suspension or revocation notice will be effective until
the person adversely affected has been notified in writing of that
decision and the reasons for it and has been afforded a reasonable
opportunity to respond in writing and to appear at an informal hearing
before the First Selectman.
E.
Any person aggrieved by an initial denial, a suspension or revocation of registration and/or permit may appeal that decision to the Board of Selectmen by filing a notice of appeal with the Town Clerk within 15 days after either notice of the initial decision is mailed to that person or the informal hearing provided under Subsection D of this section is held and the decision affirmed by the First Selectman or designee. The Town Clerk shall immediately notify the Board of Selectmen of any appeal.
F.
A hearing shall be scheduled before the Board of Selectmen 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 held at a regular
or special meeting of the Board of Selectmen.
G.
At the hearing, the person aggrieved shall be permitted to present
evidence and cross-examine witnesses. No formal rules of evidence
shall apply, but the Board of Selectmen may exclude irrelevant or
duplicative evidence. The Board of Selectmen shall make its decision
with 45 of the date the notice of appeal is filed. That period may,
but need not be, extended by any period of postponement which is requested
for the convenience of the person bringing the appeal. The decision
may affirm the decision denying, suspending or revoking the registration
and/or permit; reverse the decision and order the registration granted
or reinstated; or order the registration granted or reinstated with
modifications or conditions. The decision of the Board of Selectmen
shall be final.
Beginning 30 days after the effective date of this article,
all persons not properly registered as collectors and all collectors
whose registrations have been suspended or revoked are prohibited
from engaging in collecting, hauling, transporting or disposing of
recyclables or solid waste generated within the Town.
