[Adopted 5-29-1987 by Ord. No. 88-1; amended in its entirety 12-28-1990 by Ord. No. 90-4]
The accumulation, collection, removal, recycling and disposal
of refuse must be controlled by this municipality for the protection
of the public health, safety, and welfare. It is consequently found
and declared that:
A.
This municipality is authorized by law to regulate the disposition
of refuse generated within its boundaries and to collect a charge
therefor and to license refuse collectors;
B.
This municipality is also authorized by Connecticut General Statutes
§ 22a-220a, as amended by Public Act 90-249, to designate
the area where refuse generated within its boundaries shall be disposed;
C.
This municipality has executed the municipal service agreement requiring
it to cause all solid waste generated within its boundaries and which
meets the contractual standards to be delivered to the Materials Innovation
and Recycling Authority (MIRA);
[Amended 12-10-2019 by Ord. No. 2019-4]
D.
The public health, safety and welfare of this municipality will be
best served by requiring the delivery of such solid waste to the Essex
Transfer Station for processing by the Materials Innovation and Recycling
Authority (MIRA) and the generation of electricity; and
[Amended 12-10-2019 by Ord. No. 2019-4]
E.
The enactment of this article is in furtherance of this municipality's
Regional Solid Waste Management Plan.
The following terms shall be defined as follows:
For solid waste delivered to the Materials Innovation and
Recycling Authority (MIRA) are as follows:
[Amended 12-10-2019 by Ord. No. 2019-4]
It must be solid waste emanating from within the corporate boundaries
of this municipality;
It must not be of such a quantity, quality or other nature as
to materially impair the operation or capacity of the Materials Innovation
and Recycling Authority (MIRA) or any portion thereof, normal and
reasonable wear and usage excepted;
It must not be of such a quantity, quality or other nature as
to create flammable or explosive conditions in the Materials Innovation
and Recycling Authority (MIRA) or any portion thereof;
It must not contain chemical or other properties which are deleterious,
as determined by the Authority, or capable of causing material damage
to any part of the system or to personnel; and
It must not include any hazardous waste.
The amount of money to be charged for each ton of solid waste
delivered to the Materials Innovation and Recycling Authority (MIRA)
as established by the procedures authorized in the municipal service
agreement.
[Amended 12-10-2019 by Ord. No. 2019-4]
Pathological, biological, cesspool or other human wastes,
human and animal remains, and radioactive, toxic, and other hazardous
wastes which according to federal, state or local rules or regulations
from time to time in effect require special handling in their collection,
treatment or disposal, including those regulated under 42 U.S.C. §§ 6921
to 6925 and regulations thereunder adopted by the United States Environmental
Protection Agency pursuant to the Resource Conservation and Recovery
Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901, such as cleaning
fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons,
drugs, fine powdery earth used to filter cleaning fluid and refuse
of similar nature.[1]
The municipal solid waste management services contract between
the CRRA and this municipality dated as of January 22, 1985.
Discarded material which maybe reclaimed such as cardboard,
batteries, glass, metal food containers, newspapers, office paper,
crankcase oil, brush and leaves and any other material designated
as such by regulation adopted by the Commissioner of Energy and Environmental
Protection pursuant to § 22a-241b of the Connecticut General
Statutes as amended by Public Act 90-220.
Unwanted or discarded materials consistent with the meaning
of that term pursuant to § 22a-260(7) of the Connecticut
General Statutes, excluding semi-solid or liquid materials collected
and treated in a sewerage system.
[1]
Editor's Note: The definition of "Mid-Connecticut System"
which immediately followed this definition was repealed 12-10-2019
by Ord. No. 2019-4.
[Amended 12-10-2019 by Ord. No. 2019-4]
Pursuant to Public Act No. 83-120, Connecticut General Statutes
§ 22a-220a, the legislative body hereby designates the Materials
Innovation and Recycling Authority (MIRA) as the area where solid
waste meeting contractual standards generated within the boundaries
of Town of Lyme by residential, business, commercial or other establishments
shall be disposed. On and after October 12, 1987, each person collecting
any solid waste meeting contractual standards generated within the
boundaries of this municipality shall deliver all such waste to the
Essex Transfer Station unless otherwise directed by the Town of Lyme
Board of Selectmen.
No person shall remove recyclable materials, including but not
limited to scrap metal, newspapers, unbroken glass, bottles, cans,
tires and other collectables, from the designated disposal site without
authorization from the Board of Selectmen.
All recyclable materials shall be separated from solid waste.
A.
Clean
and unsoiled paper shall be separated into the categories defined
in the designation of recyclable materials.
B.
Unbroken
glass bottles, all types of metal food and beverage cans and aluminum
products, including used aluminum food trays and foil, must be emptied
of their contents and separated from other solid waste.
C.
Recyclables
shall be delivered to the sites designated as follows:
[Amended 12-10-2019 by Ord. No. 2019-4]
|
Item
|
Take to
|
|---|---|
|
Cardboard (corrugated)
|
Container at Safety Complex and Transfer Station
|
|
Glass food container
|
Container at Safety Complex
|
|
Metal food container
|
Container at Safety Complex
|
|
Newspapers
|
Container at Safety Complex
|
|
Office paper, computer printout, ledger, bond writing paper,
stationery, envelopes (except kraft), copy paper, file stock, NCR
forms, manila folders, bond-grade catalogues and brochures
|
Container at Safety Complex
|
|
Waste oil
|
Container at Transfer Station - Brush Hill Road
|
|
Storage batteries
|
Container at Transfer Station - Brush Hill Road
|
|
Leaves
|
Transfer Station - Brush Hill Road
|
|
Scrap metal
|
Transfer Station - Brush Hill Road
|
The Director of Public Works shall receive notices of violation
from collectors and disposal facilities, shall develop warning notices
for collectors to issue if requested, and shall be responsible for
imposing penalties on violators.
Any collector who has reason to believe that a person from whom he collects solid waste has violated the separation requirements detailed in § 264-26 of this article shall promptly notify the Director of Public Works of the alleged violation and shall issue a warning notice (provided by the Director of Public Works) if so requested. Collectors shall also assist the Director of Public Works in identifying persons responsible for creating loads of mixed recyclables and solid waste which are delivered to a resources recovery facility or solid waste facility.
All nonresidential entities shall make provision for separation
of recyclables from other solid waste.
It shall be the responsibility of the Director of Public Works
or his/her agents and the First Selectman to enforce the provisions
of this article. A violation of any provision of this article is subject
to a fine of $500 unless otherwise specified below.
A.
The Board of Selectmen shall be permitted to authorize the Town to
pay up to 100% of the disposal charge incurred by the hauler.
B.
Each household shall be responsible for hiring a private hauler by
October 12, 1987, provided said hauler has been duly licensed by the
Town of Lyme; the requirements for said licensing shall be determined
by the Board of Selectmen.
Any refuse collector failing to pay to this municipality any
charge within 30 days after the date of a bill therefor shall pay,
in addition to the charge shown on such bill, interest on such charge
at the rate of 1% per month or fraction thereof commencing on the
date of such bill, plus all costs of collection, including reasonable
attorney's fees, incurred by said municipality. The failure to pay
shall also be grounds for revocation or suspension of the license
to operate in the Town of Lyme.
