The accumulation, collection, removal, processing and sale of
certain recyclable materials designated as such by the Connecticut
Commissioner of Energy and Environmental Protection shall be controlled
by this municipality for the protection of the public health, safety
and welfare. It is consequently found and declared that:
A. The Town of Simsbury ("the Town") is authorized by law to regulate
the disposition of recyclable materials generated within its boundaries.
B. The Town is also authorized by Connecticut General Statutes Section
22a-220a to designate the area where certain recyclable materials
generated from residential properties within its boundaries shall
be taken for processing and sale.
C. The Town adopted an ordinance requiring all residential acceptable
recyclable materials generated within its boundaries to be processed
in accordance with that ordinance.
D. The public health, safety and welfare of the Town will be best served
by requiring that:
(1) Each person who generates solid waste from residential property within
the Town separate from other solid waste the items designated for
recycling by the Connecticut Commissioner of Environmental Protection
pursuant to Subsection (a) of Section 22a-24l b of the Connecticut
General Statutes; and
(2) Every other person who generates solid waste within the Town make
provisions for the separation from other solid waste of the items
so designated for recycling.
The following terms shall have the following meanings:
ACCEPTABLE RECYCLABLE MATERIALS
As set forth in the Town-approved recycling program and as
designated by the Connecticut Commissioner of Energy and Environmental
Protection.
COLLECTOR
Any person who holds himself out to collect refuse or solid
waste from residential, commercial or other establishments and is
registered by the Town of Simsbury for this purpose.
DIRECTOR
The Director of Public Works of the Town.
ITEMS DESIGNATED FOR RECYCLING
A.
Those items of solid waste designated from time to time for recycling by the Connecticut Commissioner of Energy and Environmental Protection pursuant to Subsection
(a) of Section 22a-241b of the Connecticut General Statutes, and plastic food and beverage containers, glass food and beverage containers and metal food and beverage containers, and such items as are required to be recycled by the Regulations of Connecticut State Agencies. By regulation published in the Connecticut Law Journal on March 28, 1989, as Section 22a-241b-2 of the Regulations of Connecticut State Agencies, the Commissioner of Environmental Protection designated, as of that time, the following items required to be recycled:
(2)
Glass food and beverage containers.
(4)
Metal food and beverage containers.
B.
The term "items designated for recycling" herein shall include,
without further action by the Town, any and all legally adopted additions
made by the Commissioner of Environmental Protection to any designation
of items for recycling made pursuant to said Section 22a-241b of the
General Statutes.
PERSON
Any individual, partnership, firm, association, corporation
or other entity.
RESIDENTIAL DWELLING UNIT
A residential property building or a part of such a building
designated for occupancy, and so occupied, by one or part of one family.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units but shall
not include hospitals, motels or hotels.
Each person who generates solid waste from residential property
within the boundaries of the Town shall separate from other solid
waste the items designated for recycling, and every other person who
generates solid waste within the boundaries of this municipality shall
make provision for the separation from other solid waste of the items
designated for recycling.
The property owner shall provide for curbside collection from
residential property of certain of the items designated for recycling
generated from residential property located within its boundaries
as follows:
A. Glass food and beverage containers.
B. Metal food and beverage containers.
C. Plastic food and beverage containers.
D. Newspapers and acceptable paper products.
F. Other items designated for recycling and accepted by the collector.
To the extent that the collector does not provide for regular
collection of the following items for recycling, persons who generate
any such items designated for recycling from residential property
within the boundaries of this municipality may bring such items (leaves,
tires, office paper, scrap metal, electronics, storage batteries and
waste oil), separated from each other and from other solid waste,
to the Simsbury Bulky Waste and Recycling Center during its posted
hours of operation; provided, however, that any such person who brings
such items to the Recycling Center shall pay such applicable fee as
is set forth in this article.
Any person delivering items of recyclable material to a materials recovery facility pursuant to §
133-18 of this article shall pay any disposal charge called for by the materials recovery facility.
Upon the placement of items designated for recycling generated
from residential property into a recycling container provided by the
collector, such items designated for recycling shall become the property
of the permitted hauler once collected from curbside municipality,
and it shall be prohibited for any person, other than the person who
placed such items in the container and authorized agents of the municipality
acting in the course of their employment, to collect, pick up or remove
from the containers, or cause to be collected, picked up or removed
from the containers any such items designated for recycling. It shall
be also prohibited for any person, other than authorized agents of
this municipality acting in the course of their employment, to collect,
pick up or remove from the recycling center any items designated for
recycling that have been delivered to the recycling center.
It shall be prohibited for any collector knowingly to mix any
items designated for recycling with other solid waste generated within
the boundaries of this municipality. It shall be prohibited for any
collector knowingly to deliver to a materials recovery facility any
items designated for recycling mixed with other solid waste.
Fees shall be charged for vehicle classes and materials to be
disposed of, as may be established from time to time by the Board
of Selectmen.