The accumulation, collection, removal and disposal of refuse
shall 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
Section 22a-220a to designate the area where refuse generated within
its boundaries shall be disposed of.
C. The enactment of this article is in furtherance of this municipality's
approved regional Solid Waste Management Plan.
The following terms shall have the following meanings:
ACCEPTABLE SOLID WASTE
Unwanted or discarded materials of the kind normally collected
or disposed of, or caused to be collected or disposed of, by or on
behalf of a municipality through private or municipal collection,
and commercial, governmental and light industrial waste of which a
municipality is required by state law to make provision for the safe
and sanitary disposal, but not including in any case items designated
for recycling, special handling waste or oversized bulky waste.
COLLECTOR
Any person who holds himself out for hire to collect refuse
from residential, business, commercial or other establishments.
DIRECTOR
The Director of Public Works of the Town of Simsbury.
DISPOSAL CHARGE
That amount of money to be charged for solid waste or refuse
disposal in accordance with this article.
HAZARDOUS WASTE
Pathological, biological, cesspool or other human wastes,
human and animal remains, 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
through 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.
OVERSIZED BULKY WASTE or OBW
White goods (major household appliances) and other unwanted
or discarded materials which:
A.
Are the kinds not normally collected or disposed of, or caused
to be collected or disposed of, by or on behalf of a municipality
through private or municipal collection;
B.
Would not constitute special handling waste under these definitions;
C.
May be disposed of in a bulky waste landfill holding a permit
issued by the Connecticut Department of Environmental Protection under
Section 19-524-8 of its regulations or any successor provision; and
D.
Are not too large to be deposited and stored at the Simsbury
Bulky Waste and Recycling Center or transported to a landfill.
SOLID WASTE ORDINANCE
This Solid Waste Ordinance, as it may be amended from time to time, which consists of Chapter
133 of the Code, entitled "Solid Waste."
SPECIAL HANDLING WASTE
B.
Dirt, concrete and other nonburnable construction material and
demolition debris.
C.
Large items of machinery and equipment, such as motor vehicles
and major components thereof (e.g., transmission, rear ends, springs,
fenders), agricultural equipment, trailers and marine vessels and
other items of waste exceeding six feet in any one of its dimensions
or being in whole or part of a solid mass, the solid mass portion
of which has dimensions such that a sphere with a diameter of eight
inches could be contained within such solid mass portion, including,
in the context of deliveries to the facility, OBW.
D.
Explosives, ordinance materials, oil, sludges, flammable substances,
hazardous chemicals, tires and other materials the acceptance of which
is likely to cause damage to or adversely affect the operation of
a facility or, in the judgment of the Director of Public Works of
this municipality, reasonably exercised, is likely to cause damage
to or adversely affect the operation of a facility, constitute a threat
to health or safety or violate or cause the violation of any applicable
federal, state or local law, regulation or judicial or administrative
decision or order.
Any person delivering solid waste or refuse shall pay any disposal
charge called for by this chapter.
The owner of each premises in this municipality where acceptable
solid waste or any other refuse is created or generated shall provide,
at a suitable place upon such premises, sufficient containers for
receiving and holding such acceptable solid waste during the intervals
between collections. Such containers shall be maintained in good condition
free of holes and fissures and shall be equipped with covers.
No person other than those licensed by this municipality to
perform such work and in accordance with the provisions of these regulations
shall operate as a collector within this municipality. No refuse generated
or collected from outside this municipality shall be disposed of under
a license or registration issued pursuant to this article.
A. Licensing and registration authority designated. The Director shall
be the licensing and registration authority for collectors and vehicles
and the containers used by them. The Director shall grant a license
within a reasonable time following the filing of a proper application
and payment of the prescribed unless he finds one or more of the following
conditions to prevail:
(1) The applicant has been irresponsible in the conduct of refuse collection
and hauling operations as evidenced by previous suspensions and/or
revocations of licenses issued by this municipality or any other licensing
authority in the State of Connecticut within three years prior to
the application.
(2) The applicant is in default in its obligations as a collector or
has otherwise violated the provisions of this article.
(3) The applicant lacks suitable equipment available for registration
hereunder with which to collect and transport acceptable solid waste
in a safe and nuisance-free manner and in compliance with this article.
B. License required. Each collector shall annually on or before July
1 apply for a license from the Director on such form as the Director
shall prescribe to engage in the business of collection and transportation
of acceptable solid waste and recyclables in this municipality.
C. Registration term, fee and renewal. All registrations shall be issued
for a term not to exceed one year and shall be renewable on or before
the first day of July of each year.
D. Each licensed collector who offers a solid waste collection service
to commercial and residential properties within the Town of Simsbury
must also offer an acceptable concurrent curbside recycling service
to all residential customers.
No person shall deliver any refuse other than acceptable solid
waste to an appropriate state-licensed facility.