The accumulation, collection, removal 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-220 and 22a-220a to make provisions for the
safe and sanitary disposal of solid wastes generated within its boundaries,
and to designate where such refuse shall be disposed of.
C.
This municipality has executed the Municipal Solid Waste Disposal
and Recycling Services Agreement ("municipal service agreement") for
the disposal of solid waste and acceptable recyclables requiring it
to cause all solid waste generated within its boundaries and which
meets the contractual standards to be delivered to the disposal company
designated by that municipal service agreement. Furthermore, the Board
of Selectmen is authorized to enter into such contracts with haulers,
disposers, composters, and recyclers as is necessary and convenient
to manage and reduce the municipal waste stream; provided, however,
that any appropriation of municipal funds or multi-year financial
commitment of the Town is approved by the Board of Finance, and if
required, a Town Meeting.
D.
The public health, safety and welfare of this municipality, as well
as the protection of natural resources and the environment, will be
best served by requiring the delivery of such solid waste to the location
or locations determined by the Board of Selectmen from time to time
for disposal in accordance with the municipal service agreement.
E.
The enactment of this article is in furtherance of this municipality's
regional solid waste management plan.
F.
The Town of Bethlehem strives to reduce the solid waste generated
within its borders, while increasing recycling and composting in the
reduction of such solid waste. The Board of Selectmen is authorized
to, after public hearing and comment, enact a solid waste policy to
effectuate this chapter and to reduce the solid waste generated in
the Town of Bethlehem.
G.
A goal of the Town of Bethlehem's policy is to allow residents
the options of privately contracting for garbage and recycling to
be picked up by private contractors or bringing garbage and recycling
to the Town of Bethlehem Transfer Station.
H.
In order to prevent the accumulation and growth of solid waste, bulky
waste, and construction waste in town, one important objective of
the Town of Bethlehem's policy is to prevent the importation
of solid waste, bulky waste, and construction waste from outside of
the Town of Bethlehem for hauling, disposal, or processing in town.
The following terms shall have the following meanings for the
entirety of this chapter:
As defined in § 113-6 of this chapter.
The waste building materials or packaging resulting from
construction, remodeling, repair or demolition operations on houses,
commercial buildings, and other structures, excluding asbestos, clean
fill as defined in regulations adopted under Section 22a-209 of the
Connecticut General Statutes, or solid waste containing greater than
de minimis quantities, as determined by the commissioner of environmental
protection, of A) radioactive material regulated pursuant to Section
22a-148 of the Connecticut General Statutes, B) hazardous waste as
defined in Section 22a-115 of the Connecticut General Statutes, and
C) liquid and semi-liquid materials including but not limited to adhesives,
paints, coatings, sealants, preservatives, strippers, cleaning agents,
oils and tars.
For solid waste delivered to the disposal company under the
municipal service agreement, the "contractual standards" are as follows:
It must be solid waste emanating from within the corporate boundaries
of this Town, and must be acceptable solid waste as provided by the
municipal service agreement. Such solid waste must not include any
hazardous waste and shall comply with all standards of acceptable
solid waste provided by the municipal service agreement.
That amount of money to be charged for each ton of solid
waste delivered to the disposal company named in the municipal service
agreement as established by the procedures authorized in that agreement.
The company designated to perform solid waste and recycling
disposal services by the municipal service agreement.
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, as defined in Connecticut General
Statutes § 22a-115, 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.
Trees, stumps, branches, or other wood generated from clearing
land for commercial or residential development, road construction,
routine landscaping, agricultural land clearing, storms, or natural
disasters. Firewood for heating purposes shall be excluded from this
definition.
The municipal solid waste and recycling disposal agreement
by and between the Town of Bethlehem and USA Hauling and Recycling,
Inc., or any successor agreement thereto with any disposal company.
Unwanted or discarded materials consistent with the meaning
of that term pursuant to C.G.S. § 22a-260(7), excluding
semisolid or liquid materials collected and treated in a sewerage
system.
Shall have the same definition as in the municipal service
agreement.
Leaves, grass clippings, weeds, branches up to one inch in
diameter and prunings from yards or gardens.
Pursuant to C.G.S. Title 22a, as amended, the legislative body
hereby designates that the disposal sites designated by the municipal
service agreement shall be the area where solid waste meeting contractual
standards generated within the boundaries of the Town of Bethlehem
by residential, business, commercial or other establishments shall
be disposed. On and after the effective date of this article, each
person collecting any solid waste meeting contractual standards generated
within the boundaries of this municipality shall deliver all such
waste to the location or locations determined by the Board of Selectmen
from time to time.
Any person violating the terms of this article shall be fined
not more than $100 for each offense, in addition to any other penalty
imposable hereunder. Hearings pursuant to such fines shall be held
in a manner consistent with Connecticut General Statutes Section 7-152c.
The Town shall have the authority to enforce the provisions of this
article through any remedy it may possess at law or in equity, including
but not limited to, declaratory judgment, injection, temporary restraining
order, or other such means.
