[Adopted 11-14-1990]
A.
Regulation of the storage, collection, transport,
recycling and disposal of solid waste generated in the Town of Killingworth
is necessary for the protection of the public health, the safety and
the welfare of the residents of the Town; and
B.
The Town of Killingworth is committed to preserving
air and water quality as well as limited landfill space by separating
recyclable material from the waste stream and providing for its delivery
to parties who can prepare it for reuse whenever possible. It is therefore
found and declared that:
(1)
The Town of Killingworth is authorized to regulate
solid waste generated within its boundaries and to license refuse
collectors;
(2)
The Town of Killingworth is authorized to designate
an area where solid waste generated within its boundaries shall be
disposed;
(3)
The Town of Killingworth has executed the Municipal
Service Agreement with the Mid-Connecticut System and has agreed to
direct all solid waste that meets the contractual standards to be
delivered to the Mid-Connecticut System; and
(4)
The enactment of this article is in conformity with
the Town's Regional Solid Waste Management Plan.
As used in this article, the following terms
shall have the meaning indicated:
The Connecticut Resources Recovery Authority established
pursuant to Chapter 446e of the Connecticut General Statutes.
Stumps, wood waste from construction, demolition activity
or land clearing.
Contractual standards for solid waste delivered to the Mid-Connecticut
System (the system) are as follows:
The waste must emanate from within the boundaries of the Town
of Killingworth;
The waste must not be of such a quantity, quality or other nature
as to materially impair the operation or capacity of the system;
The waste must not materially impair the strength or the durability
of the structures, equipment or works of the system;
The waste must not create flammable or explosive conditions
in the system;
The waste must not contain chemical or other properties which
are deleterious, as determined by the Authority, or capable of damaging
the system or personnel; and
Such waste must not contain hazardous waste as defined below.
The location or facility designated by the Town for disposal
of solid waste, bulky waste and/or recyclables generated within the
Town, including any other site as may be temporarily substituted or
required by the Authority.
The First Selectman of the Town of Killingworth or his appointee.
The amount to be charged for each ton of solid waste delivered
to the system.
That facility constructed by the Authority as part of the
system.
Any party who creates solid waste.
Pathological, biological, cesspool or other human wastes,
human and animal remains, and radioactive, toxic or other hazardous
wastes which, according to federal, state or local rules, 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 Environmental Protection Agency
pursuant to the Resource Conservation and Recovery Act (RCRA) 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.
The system for processing solid waste and recovery of energy
therefrom constructed by the Authority pursuant to the Municipal Agreement.
The contract between the Town and the Authority.
The Towns of Lyme, Old Lyme, Old Saybrook, Essex, Deep River,
Chester, Killingworth, Westbrook, and Clinton.
Discarded material which may be 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 Environmental
Protection or by local regulation or ordinance.
A person, firm or corporation engaged in the business of
collecting and transporting solid waste within the Town of Killingworth.
Rules developed by the Director to carry out the terms of
this article, which rules shall have the same binding effect on generators
and collectors as this article.
Waste generated by persons living in residences containing
one or more dwelling units, but excluding hospitals, motels or hotels.
Used or discarded items which consist predominantly of ferrous
metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys
thereof, including white goods.
Unwanted or discarded materials more completely defined at
§ 22a-260(7) of the Connecticut General Statutes, but excluding
hazardous waste, semisolid or liquid materials which are collected
and treated in a sewerage system and bulky waste, defined above.
Material that has been placed at curbside or at any designated
collection or pickup site or designated disposal site.
A.
All solid waste originating within the limits of the
Town of Killingworth shall be collected, transported and disposed
of either by the Town or by refuse collectors licensed jointly by
the Town and the Authority in accordance with the provisions of this
article. No other person or business entity shall collect, transport
or dispose of solid waste, with the exception that individual generators
of solid waste or owners of property upon which solid waste has accumulated
may collect, transport and/or dispose of such waste in conformity
with the provisions of this article or such regulations as the Director
may from time to time adopt.
(1)
No solid waste collected from outside the boundaries
of the Town of Killingworth shall be disposed of under a license or
registration issued pursuant to this article.
(2)
No person may enter the Killingworth transfer station
unless he/she is a resident of Killingworth or a licensed refuse collector
or has permission from the Director.
B.
Prohibition against removing recyclable materials
from designated disposal site; ownership of recyclables; scavenging
prohibited.
(1)
No person shall remove recyclable materials, including
but not limited to scrap metal, newspapers, unbroken glass, bottles,
cans, tires and other collectibles, from the designated disposal site
without authorization from the Director.
(2)
Once recyclable materials are placed at curbside or
other designated area, it shall be a violation of this article for
any person or entity, other than those authorized under this article,
to collect or remove recyclable materials from said area.
(5)
Nothing in this article shall limit the right of anyone
to dispose of his own recyclables in any other lawful manner, provided
that such materials have not been set out on the curb or placed in
any designated collection or disposal site.
A.
The owner of each premises in which solid waste is
generated or accumulated shall provide suitable receptacles or containers
for storing solid waste until it is collected and removed. Solid waste
containers shall be maintained in good and sound condition, they shall
be equipped with securely fitting covers and they shall be replaced
when no longer in such condition. Containers for recyclables shall
be clearly marked with the name of the material they are intended
to hold and shall be located as required by a plan approved by the
Director.
B.
Containers for commercial solid waste. The standard container for commercial solid waste shall be a watertight, verminproof, galvanized or plastic receptacle, with a tight lid of not less than 20 nor more than 100 gallons' capacity, except that commercial establishments may provide for a large covered container that is designed to be emptied into a refuse truck. For the purpose of this Subsection B, "commercial solid waste" is any solid waste arising from any source other than residential.
C.
Containers for residential solid waste. The standard
container for residential solid waste shall be a watertight, verminproof,
galvanized or plastic receptacle, with a tight lid of not less than
20 nor more than 100 gallons' capacity. Curbside collections shall
be made each week.
A.
No person, firm or corporation shall store or accumulate
solid waste in any location in the Town of Killingworth unless it
is stored in approved solid waste containers, except in cases where
the Director has issued an exemption from these rules.
B.
Any accumulation of solid waste that is not stored
as set forth above is deemed a nuisance and is prohibited. In such
cases the Director may notify the owner of such premises or any other
party responsible for the prohibited accumulation. Failure to remove
such accumulation within 10 days of notification is a violation of
this article.
C.
Littering. Solid waste shall not be cast, placed or
deposited in such manner that it may be carried or deposited by the
elements upon any public place or upon the property of another person.
D.
Hazardous waste. It is unlawful to place hazardous
waste or similar dangerous substance into any solid waste or recyclables
container or to submit such substance to the transfer station or the
Mid-Connecticut System.
E.
Bulky waste, scrap metal and leaves and brush must
be separated from solid waste by both residential and commercial generators
and shall be delivered to a specified location, at such time as the
Director may designate. Leaves, brush and scrap metal will be collected
at the disposal site in containers and will be recycled in accordance
with a plan approved by the Director.
A.
Recyclable material.
(1)
Recyclable material may be deposited at the transfer
station by residents without charge so long as the material is separated
according to type and is clean and placed in the designated area.
(2)
Recyclable material may be deposited at the transfer
station by refuse collectors without charge so long as the material
is separated according to type and is clean and placed in the designated
area.
(3)
The Director shall determine whether the materials
meet the requirements of this section and whether or not a charge
shall be levied.
B.
Source separation for recycling.
(1)
Duties of the refuse collector. Refuse collectors
are required to collect separated recyclables in the manner specified
by this article. Refuse collectors are required to notify the Director
of any customers who do not separate recyclables and must assist the
Director by identifying those parties responsible for mixing recyclables
with solid waste that has been placed in the waste stream. Refuse
collectors shall provide warnings to residential violators upon request
of the Director.
(2)
Separation of materials; collection. Recyclable materials
shall be separated from solid waste and placed at the curb or other
designated location on the day(s) designated by the refuse collector.
Refuse collectors shall provide public notice of their schedule for
collecting recyclables.
(3)
Separation at dumpster. Owners of nonresidential property,
including multifamily (those properties that do not use curbside service),
shall make provisions for separating recyclables. Property owners
are required to draft a plan indicating the type, location, number,
and method of identifying containers for each recyclable, which plan
shall be submitted to the Director for his approval. Property owners
must provide an additional container for each recyclable material
in accordance with said plan. Failure to have an approved plan shall
be deemed a violation of this article.
(4)
Recyclables shall be separated and prepared for pickup
or disposal at the transfer station in accordance with the Director's
regulations.
(a)
All solid waste entering the waste stream is
subject to inspection to ensure compliance with the terms of this
article.
(b)
Refuse collectors must separate recyclables
during transportation from the source to the disposal site, either
by transporting in a separate vehicle or in a separate compartment
within a truck. Such compartment must have a separate floor, walls
and lid.
(c)
Refuse collectors must deliver recyclable bottles
and cans to the approved site, as designated by the Director.
A.
Licensing; registration of vehicles and containers.
(1)
Licensing. All refuse collectors shall apply to the
Director for a license to collect solid waste in the Town of Killingworth.
Such application shall be on a form provided by the Director and shall
comply with the requirements contained in the regulations. Any of
the following shall be deemed sufficient grounds for denial of a license:
(a)
The applicant has been irresponsible in the
conduct of solid waste collection, hauling or separation as evidenced
by prior suspension and/or revocation of a license;
(b)
The applicant does not have suitable equipment;
(c)
The applicant has not complied with licensing
requirements and/or has not paid required fees to either the Town
of Killingworth or a participating municipality or the Authority;
or
(d)
The collector has demonstrated a lack of cooperation
or good-faith effort to carry out the terms of this article or the
regulations.
(2)
Licenses. Nontransferable licenses shall be issued
for the term of one fiscal year, which shall begin on July 1. No refuse
collector shall engage in the business of collecting solid waste in
the Town of Killingworth without a valid license.
(3)
Registration of vehicles; containers. Each licensee
shall obtain a separate registration for each vehicle and container
it uses to transport solid waste and/or recyclables within this municipality.
Vehicles are subject to such inspection as the Director may require.
Registrations may not be transferred from one vehicle to another without
permission of the Director.
(4)
Registration term; fee; renewal. Registrations are
issued for a period not to exceed one year, commencing on the first
of July. Registration fees may be prorated in accordance with the
regulations if application is made after that date. The registration
fee shall be determined in accordance with the regulations.
(5)
Reinspection. In the event that a registered vehicle
or container is sold or transferred to another licensee during the
registration year, it shall be reinspected within seven days of the
transfer; however, no additional registration fee will be required.
(6)
Display registration. Registration numbers shall be
conspicuously displayed on the left front of the body of each vehicle
or container or as otherwise required by the Director.
(7)
Vehicle identification. Each licensee shall prominently
display its business name, address and telephone number on the door
of each registered vehicle or container in letters at least four inches
high.
(8)
Transfer of route. If a licensee transfers all or
part of its route to another licensee, the transferor shall provide
written notice to the Director at least seven days prior to the date
of transfer. Such notice shall provide the name of the transferee
and date of intended transfer. Failure to provide such notice shall
be reason to deny a full return of bond.
(9)
No licensee shall transfer all or part of its route
to any refuse collector that is not licensed jointly by the Town of
Killingworth and the Connecticut Resources Recover Authority.
(10)
A refuse collector must supply the Director
with a customer list and a description of its routes, including the
days of collecting solid waste and recyclables, before a license will
be issued. Such lists must be updated during the term of the license
in accordance with the regulations.
(11)
Upon request, each refuse collector shall furnish
a list of rates for the services it provides to either the Director
or any of its present or prospective customers.
B.
Revocation or suspension of license or registration.
(1)
Generally. Failure to comply with the provisions of
this article shall be grounds for revocation or suspension of any
license or registration issued under its provisions.
(2)
Notice required. Revocation or suspension shall become
effective five calendar days after written notice is mailed by the
Director unless a lesser time is indicated in the notice.
(3)
Licensees must provide the Director with the name
and address of a person who will be available at all times, in person
or by designee, to receive notice either by mail or in-hand delivery.
Lack of availability on the part of such person shall be deemed a
waiver of required notice.
(4)
Request for review. Upon receipt of a notice of suspension
or revocation, the licensee may file a written request for review.
Such request must be filed within five days of receipt of the notice.
Failure to file within such time shall waive the licensee's right
to review, making the suspension or revocation final and binding upon
the refuse collector.
(5)
Timely filing. If such request is filed within five
days of receipt of notice, such request shall stay the revocation
or suspension, pending review by the Board of Review as set forth
below, excepting such cases where, in the opinion of the Director
or the Authority, a stay would present substantial harm to the health,
safety and welfare of the public.
(6)
Loss of permission to use transfer station. The Director
shall have the authority to deny any refuse collector admission to
the transfer station when in his opinion such refuse collector has
violated this article or the regulations.
(7)
Board of Review; hearing. The Board of Review shall
consist of the Board of Selectmen and will operate in accordance with
a hearing procedure adopted by said Board. The Board of Review will
provide the party seeking review an opportunity to be heard and to
respond to the order under appeal. After such hearing, the Board will
decide whether to affirm, modify or revoke said order. The decision
of the Board of Review shall be binding upon the refuse collector.
A.
The Director shall administer the licensing and registration
of any refuse collector engaged in collecting and transporting solid
waste and recyclables within the Town of Killingworth.
B.
The Director shall not issue a license until the refuse
collector provides proof of adequate liability insurance, which shall
include an obligation on the part of the carrier to notify the Town
if coverage is terminated.
C.
In order to carry out the terms of this article, the
Director may from time to time promulgate rules and regulations, which
rules shall have the same binding effect as this article.
D.
The Director shall notify the Authority of any action
taken under the provisions of this article by the Town of Killingworth,
independent of the Authority.
A.
Each licensee collector shall deliver all solid waste
collected within the Town of Killingworth to the Essex transfer station
and pay the disposal charge to the Authority. All other solid waste
shall be delivered to such location as the Director may designate,
and any required charge shall be paid by the licensee. All residential
recyclables shall be delivered to such place as the Director designates.
B.
Failure to pay. Any licensee which fails to pay any
disposal charge to the Town of Killingworth or the Authority within
30 days of the date of the bill shall pay, in addition to such bill,
interest at the rate of 1.5% per month, or fraction thereof, beginning
on the date of the bill and all costs of collection, including reasonable
attorney fees. Failure to pay shall be grounds for revocation or suspension
of the license.
C.
No licensee shall deliver solid waste meeting the
contractual standards to any place other than the site designated
by the Director.
D.
All registered vehicles and containers shall be automatic
unloading vehicles of watertight construction and shall be maintained
free of noxious odors and accumulations of solid waste. Any vehicle
with a capacity greater than 10 cubic yards shall be of closed construction.
Containers used for nonliquid solid waste need not be watertight but
must be completely enclosed. A vehicle of less than 10 cubic yards
may have an open top, provided that it is covered when in motion.
E.
Delinquent customers. A licensee may refuse collection
service to any customer who is more than 30 days delinquent in the
payment of the licensee's fee; however, the licensee shall immediately
restore service upon payment of the debt.
F.
Licensees of the Town of Killingworth are hereby made
jointly responsible for providing collection service to any resident
of the Town. Any resident who is denied the services of a refuse collector
or who is dissatisfied with his collection service with cause may
make application to the Director, who shall have the right to direct
such licensee to provide service or to designate another licensee
to provide service. The selected licensee shall comply with the Director's
order. In making such designation the Director shall give due consideration
to the geographical location of each collector's route.
G.
Designation of licensee to provide service. In the
event that refuse collection is not provided in a geographical area
of the Town of Killingworth, the Director may designate a licensee
to provide service to such geographical area. The designee is required
to comply with the Director's order.
H.
Licensees shall leave their customers' containers
off the highway, in a neat and upright position, with lids replaced.
I.
Licensees shall clean up any solid waste or recyclables
that spill while being collected or hauled.
A.
Any person, except a residential violator, who violates
the terms of this article or any regulations intended to implement
said article shall be fined not more than $1,000 for each offense,
in addition to any other penalty that may be imposed by law.
[Amended 6-11-2008]
B.
A refuse collector may be required to pay civil penalties
of $1,000 to $45,000 for knowingly mixing recyclables with solid waste.
C.
Residential violator. In the event that a residential
generator violates this article, or the regulations, he/she will receive
a written warning for the first offense. After that he/she may be
fined $25 for each subsequent offense and may lose the right to use
the Town disposal facilities until such fine is paid.
Except as otherwise specified in this article,
the Director shall enforce all provisions of this article and the
regulations as they apply both to solid waste that is transported
to the system or designations outside of the municipality and that
which is deposited in Town at the Killingworth transfer station or
bulky waste disposal area.
The Authority and/or the Director may require
any licensee to post a letter of credit, bond or such other security
as may reasonably be required to protect the Town of Killingworth
or the Authority, as the case may be, from the nonpayment of any money
owed to either the Town or the Authority.
A.
By accepting a license issued under this article or
the regulations, the licensee agrees to hold the Town of Killingworth
and the Authority harmless from loss, damage, or injury arising from
delivery of unacceptable or hazardous wastes to the transfer station.
The Director, in conjunction with the Authority, shall establish such
procedures as may be appropriate to protect the transfer station,
the system, and their operators and employees from injury or damage
arising from such deliveries.
B.
Any person entering Town waste disposal facilities
shall be construed to be on the premises at his own risk, and the
Town shall not be legally liable for any injuries or damages occurring
to such person or his property while on said premises.
