Town of Suffield, CT Article II Collection and Disposal

[Adopted 3-2-1989 by Ord. No. 89-01; amended 5-24-2005 by Ord. No. 2005-01 (Ch. 8.5, Art. II, of the 1987 Code)]

§ 286-2 Definitions.

The following words and terms used in this article shall have the meanings ascribed thereto, unless the context clearly indicates a different meaning:

ASHES

The solid residue of combustion of any type of fuel.

BULKY WASTE

Refuse which is to be brought to the Landfill and sorted by category, such as tinware, scrap metal, auto parts, pipe, other metallic substances, rocks, sod, cinder blocks, earthenware, brick, concrete, plaster and other mineral substances, furniture, bedding, glass, ceramics, rugs, appliances, brush, stumps, logs, wood scraps, furniture (wooden, plastic or metal), metal items, tanks, furnaces, hot water heaters, large plastic items, porcelain items, demolition or remodeling debris (excluding asbestos, radioactive materials, and hazardous waste), batteries, tires, clothing, computers, and electronics.

COMMERCIAL REFUSE HAULER

Any natural person, firm, partnership or corporation engaged in the business of collecting, transporting and disposing of refuse in the Town. This shall also mean the contractor, if any, performing refuse collection for Town residents pursuant to a contract with the Town of Suffield.

COMMERCIAL SEPTIC WASTE HAULER

Any natural person, firm, partnership or corporation engaged in the business of removing, collecting, transporting and disposing of septic wastes in the Town.

CONSTRUCTION AND DEMOLITION WASTES

Waste and portions thereof resulting from clearing, excavation, demolition, construction or reconstruction performed by any person, firm or governmental agency and as further defined under Connecticut General Statutes § 22a-208x.

GARBAGE

Any animal or vegetable matter or product, or the putrefaction or decomposition thereof, which accumulates in the preparation of food and any offal or refuse of meats, fish, fowl, vegetable or spoiled foods and other refuse or waste subject to decay.

GARDEN AND LAWN REFUSE

Small branches, pruning from trees and bushes, leaves, etc.

[Amended 12-19-2019]

HAZARDOUS WASTES

Those solid and/or liquid wastes as defined by the Department of Environment Protection of the State of Connecticut and the United States Environmental Protection Agency, including wastes in the following classifications:

A. Explosives.

B. Pathogenic or pathological wastes.

C. Radioactive wastes.

D. Cleaning fluids, insecticides, fungicides, pesticides, commercial fertilizers, acids, poisons or other chemical wastes which either create an immediate safety hazard to persons disposing of the waste or which by virtue of their chemistry and/or method of disposal present a threat to the quality of the air and/or groundwater or surface water.

LANDFILL

The Transfer Station and Bulky Waste Facility located at 2715 Mountain Road in West Suffield, Connecticut.

PERSON

Any natural person, partnership, firm, or corporation.

PUBLIC WORKS DEPARTMENT

The Public Works Department of the Town of Suffield.[1]

RECYCLABLES

Any items currently defined by the State of Connecticut and the Town of Suffield for mandatory recycling. The current items are defined in the Connecticut General Statutes and are set forth in the definition of "recyclable materials" in § 286-11 in Article III, Recycling, of this chapter. These recyclables may be revised from time to time, as dictated by contract with the recycling center for disposal and the Town of Suffield, or Connecticut State Statutes.

REFUSE

Shall be construed to be all inclusive and shall include, but not be limited to, solid waste of the Town, including, but not limited to, all garbage, ashes, trade wastes, salvageable trade wastes, papers, cardboard, plastics, metal cans, glass bottles, garden and lawn refuse, packaging material, furniture, bedding, rubber and leather. Refuse shall not include body wastes, septic waste or hazardous waste.

SALVAGEABLE TRADE WASTES

All refuse that has use or value to a person, firm, corporation or establishment or other than those producing the same.

SELECTMEN

The Board of Selectmen of the Town of Suffield.

SEPTIC WASTE

Materials removed from sewers, septic tanks, cesspools and other devices used for the capture and treatment of putrefactive material.

TOWN

The Town of Suffield.

TRADE WASTES

All wastes and portions thereof from wholesale and retail establishments, and products of manufacturing, end products of food preparations for sale, or scraps of leftovers of nonsalable portions thereof.

TRASH

See "refuse."

[1] Editor's Note: Throughout this chapter, "Public Works Commission" was amended to "Public Works Department" 12-19-2019.

§ 286-3 Conformance.

A. From and after the effective date of this article, and for reasons of health and sanitation and public welfare, it shall be unlawful for any person, firm or corporation to dispose of or to accumulate or to permit to accumulate upon private property in Town any refuse, septic waste, or hazardous wastes except in conformance with the provisions of this article.

B. For the purposes of this article activities usually connected with gardening and agriculture, such as compost, farm manure, fertilizing and storage of lawn and garden refuse as defined in § 286-2, "garden and lawn refuse," shall not be deemed to be violations of the above subsection.

§ 286-4 Licenses and permits.

A. It shall be unlawful for any person, firm or corporation to collect septic waste or hazardous wastes in the Town without first obtaining a State of Connecticut license or permit to do so. It shall also be unlawful for any person, firm or corporation to remove or dispose of refuse, septic waste or hazardous waste in the Town without either first being contracted by the Town to do so or authorized by the Town or state to do so.

B. A license or permit issued under the preceding subsection shall not expire or be revoked or cancelled but shall remain in effect during the contract period or agreement with the Town.

C. A resident's permit issued under the provisions of this article shall be valid for a period determined by the Public Works Department and shall be issued only to the residents of the Town of Suffield qualified to receive such permit and upon payment of a fee. Residents' vehicles must display a valid permit for entrance to the Landfill's transfer station.

(1) No permit fee is required for residents qualified to access the bulky waste section of the Landfill. Items must be sorted as specified and fees may be applied as determined by the Public Works Department.

(2) A resident's permit includes the following vehicles:

(a) Private passenger vehicles and station wagons.

(b) Any passenger and/or camper registered vehicle.

(c) Light duty van and/or pickup.

(3) Trash add-on permit. This permit allows residents who qualify for Town pickup and who currently use curbside pickup to bring excess refuse/trash and recyclables to the Landfill's transfer station.

(4) Household trash permit. This permit allows residents who qualify for Town curbside pickup but who have elected not to have curbside pickup to bring household refuse/trash and recyclables to the Landfill's transfer station. The permit fee is the same as for those who elected curbside pickup per year.

[Amended 12-19-2019]

D. Notwithstanding the foregoing, any person engaged in construction, remodeling, or demolition of a building on real property located in the Town of Suffield, with a valid building permit, may transport and dispose of building materials generated by such construction, remodeling and demolition.

E. All permits shall be nontransferable.

F. The fee schedule shall be adopted by the Board of Selectmen as recommended by the Public Works Department and shall continue in full force and effect until amended. The Public Works Department may revise, as necessary, the fee schedule and on 30 days' notice, by publication in any newspaper serving the Town of Suffield, and after a public hearing and approval of the Board of Selectmen may amend the fee schedule.

G. Collection of refuse from residences by haulers within the Town of Suffield may be carried out daily except on Sundays and holidays as defined in the contract with the Town, and only after 6:00 a.m., and continue until the specific route for that day is completed.

H. No permit shall be issued by the Public Works Department unless it first determines that the issuance of that permit will not endanger the health, safety and welfare of the citizens of the Town of Suffield and will not result in a violation of any environmental law.

§ 286-5 Vehicles and equipment used by commercial refuse haulers.

A. Any refuse, other than garbage and other putrescible waste, may be transported in nonwatertight vehicles when such vehicles are sufficiently covered to prevent the escape, release or leakage of materials being transported. All vehicles used for transportation of garbage or any type of putrescible wastes must be equipped as specified by the State of Connecticut with covered watertight metal containers unless the vehicle itself is of closed construction on the bottom, front, rear and sides. All such vehicles shall be equipped with metal covers and/or loading doors constructed to prevent leakage, access of flies, or the scattering of contents. All covers, loading doors, and like openings of said vehicles and equipment shall be kept closed except when loading and unloading and except during portal-to-portal pickups on local streets between houses.

B. All vehicles and equipment used for refuse disposal by commercial refuse haulers shall be kept clean and sanitary at all times and shall meet the requirements of the North Central Health District and the Department of Energy and Environmental Protection of the State of Connecticut.

C. This section shall not apply to farm vehicles engaged in farm operations.

§ 286-6 Separation and container provisions.

A. Every resident who qualifies and opts for curbside pickup to dispose of his refuse, etc., shall prepare the same as follows:

(1) All refuse shall be drained of liquid insofar as practical and shall be placed in approved containers.

(2) All recyclables such as newspapers, magazines, catalogs, and corrugated cardboard shall be separated from regular refuse or garbage and placed in approved containers. Any excess recyclables may be bundled and tied or placed in bags, in such a way to keep them from being scattered, and left beside the recycle container, when necessary. See § 286-17, Source separation and recycling.

(3) The containers shall be approximately either 60 or 90 gallons in size, furnished by the hauler, remain the property of the hauler, and shall be replaced by the hauler when broken, stolen or no longer in good condition. A container is assigned to the property, not to the owner of the property, and is to remain with the property upon change of ownership. Any person obtaining a sixty- or ninety-gallon container by unlawful means for which the Town is not collecting the yearly fee, and such person unlawfully uses the trash service, will be subject to the fines as outlined in § 286-9. Any person who vandalizes or acquires a container by unlawful means will be also subject to the fines as outlined in § 286-9.

B. Cold ashes, vacuum cleanings, disposable diapers, pet litter and other like items of garbage and refuse shall be placed in sealed, watertight bags.

C. All refuse shall be assembled, boxed or bundled and tied in such a way that it will not be scattered by wind and create litter while awaiting collection.

D. This section shall not apply to the use of wood ashes.

§ 286-7 Public or private dumps.

A. No person other than the State of Connecticut Department of Energy and Environmental Protection and the Town shall use, or permit to be used, any location or place within the Town as a public or private dump for refuse or other waste materials.

B. No person within the Town shall bury refuse, septic waste or hazardous wastes upon public or private property.

C. All items as stated in § 286-15 shall also apply to this section, except as to trash and recyclables.

D. Scattering or littering of refuse is prohibited under this article.

E. This section shall not apply to wood ashes.

§ 286-8 Operation of Landfill.

A. No person or vehicle shall be admitted to the Landfill without first displaying a valid permit for admission, issued by the Public Works Department, and available at the Landfill only.

B. No material originating outside of the Town of Suffield will be accepted at the Landfill.

C. The vehicle entrance to the Landfill will be closed by a fence and gate, and said gate will be open only:

(1) When an authorized Town employee is on the premises.

(2) Between such hours as determined by the Public Works Department, such hours to be posted at the entrance to the Landfill site.

D. The Landfill will be open on Tuesday, Thursday, and Saturday or such other times or days as determined by the Public Works Department for residents and commercial vehicles. The Landfill Manager or his agent may upon four hours' notice permit the Landfill to be open to commercial vehicles on alternate days.

E. The Landfill will be closed on all Sundays and certain holidays designated by the Public Works Department, except in times of emergency declared to be such by a majority of the members of the Public Works Department.

F. Any unauthorized person who enters or otherwise causes entry of a vehicle or other persons at the Landfill in violation of any provision of these regulations will be prosecuted to the full extent of the law.

G. The Landfill will be operated in conformity with the applicable regulations of the State Department of Energy and Environmental Protection.

H. Licensed haulers or their agents and residents must, when at the Landfill, obey the directions of the Landfill Manager, or his assistants, in § 286-9.

I. Separate sites will be maintained at the Landfill for the disposal of specified categories of material.

J. The following items will be accepted at the site and will be prepared and sorted by the individual into categories as posted by the Landfill Manager, such as:

(1) Stumps.

(2) Green and dead brush may be mixed; the maximum length of any item of brush shall be 48 inches and four inches in diameter, and must be free of other refuse.

(3) Logs must be cut into ten-foot lengths or less and stacked when dumped.

(4) Rocks, boulders and clean fill.

(5) Building and construction materials.

(6) Scrap metal and metal appliances.

(7) Bulky items, such as furniture, rugs, bedding and similar nonmetallic items.

(8) Glass and ceramic items; windows.

(9) Tires.

(10) Corrugated cardboard not exceeding four feet by three feet, and free of packing materials.

(11) Newspapers, magazines, and catalogs.

(12) Bottles, cans and recyclable plastics.

K. The following items will not be accepted at the site: hazardous wastes or sludge from septic systems, road-worthy vehicles and boats. The Public Works Department hereby reserves the right to refuse to accept at the Landfill site any of the items defined in § 286-2 at any time, without notice, if it is deemed inadvisable, dangerous or unhealthy to deposit such materials, such determination to be made by the Public Works Department, North Central Health District or State of Connecticut Department of Energy and Environmental Protection.

L. Residents displaying a valid "household trash" permit or a "trash add-on" permit may dispose of household garbage and recyclables at the site.

M. The attendant at the site will personally inspect and approve each load of material before it is removed from the vehicle. Vehicles containing materials not conforming to the above regulations will not be allowed access to the site.

§ 286-9 Penalties for offenses; enforcement.

A. Violators of any provision of any section of this article shall be regulated as described below. In addition, any violation shall be subject to a fine of not more than the maximum amount authorized by the Connecticut General Statutes and/or the permit shall be revoked for a duration as decided by the Public Works Department as long as each violation or failure to comply continues.

[Amended 12-19-2019]

B. The Public Works Department, or its agent, will issue a written letter warning any individual, hauler or commercial operator who violates any of the provisions of any section of this article or any pertinent regulation(s) of the Department of Energy and Environmental Protection or the North Central Health District. Subsequent violations by the same individual, hauler, or commercial hauler shall result in the revocation of any permit or privileges issued under the provisions of this article; provided, however, that any individual, hauler or commercial hauler alleged to have violated any section of this article shall be given seven days' notice thereof by the Public Works Department and an opportunity for a hearing before the Public Works Department. The Public Works Department at that hearing may grant to such permittee a reasonable period of time to correct such violation. The Public Works Department shall render a decision on such hearing within seven days after the close of the hearing.