[HISTORY: Adopted by the Special Town Meeting
of the Town of Griswold 4-22-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 198, Solid Waste, adopted by Special Town Meeting 2-7-1991.
The accumulation, collection, removal, and disposal
of solid wastes must be controlled by the Town for the protection
of the public health, safety, and welfare. It is consequently found
and declared that:
A.
The Town is authorized by law to regulate the disposition
of solid wastes generated within its boundaries, to collect a charge
therefor, and to license solid waste collectors;
B.
The Town is also authorized by Connecticut General
Statutes § 22a-220a to designate the area where solid wastes
generated within its boundaries shall be disposed;
C.
The Town has executed a municipal solid waste management
services contract with the Southeastern Connecticut Regional Resources
Recovery Authority (SCRRRA), including an Amendment No. 5 to such municipal solid waste management services
contract (collectively with such Amendment No. 5, the MSA). The MSA
defines the system (the SCRRRA system) to include the solid waste
disposal and resource recovery facility located in Lisbon, Connecticut,
and operated by Wheelabrator Lisbon Inc., or its successors or assigns
(the SCRRRA facility) pursuant to a solid waste disposal agreement
between SCRRRA and Wheelabrator Lisbon Inc. (the Wheelabrator agreement),
and designates the SCRRRA facility as the “facility” within
SCRRRA system. Pursuant to the MSA, the Town has agreed to deliver
or cause to be delivered all solid waste (as defined in the MSA) generated
within the corporate boundaries of the Town to the SCRRRA system as
directed by SCRRRA for ultimate delivery to the SCRRRA facility for
disposal, subject to and in accordance with the Wheelabrator agreement;
[Amended 1-28-2020]
D.
The Town seeks to encourage the recycling of appropriate
solid wastes and other methods to reduce the volume of solid waste
generated within its boundaries; and
E.
The enactment of this chapter is in furtherance of
the Town's Solid Waste Management Plan.
Except as otherwise provided by any applicable
state laws or regulations, this chapter shall apply to all solid wastes
accumulated, collected, removed, and disposed of within the territorial
limits of the Town of Griswold. In addition, no person may bring into
the Town for storage or disposal any solid wastes generated outside
the territorial limits of the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
Land-clearing debris and waste resulting directly from demolition
activities, other than clean fill.
Wastes from the preparation, cooking and consumption of food;
condemned food products; and all solid waste that is produced by the
handling, storage, preparation and sale of produce and that originates
primarily in commercial kitchens, stores, restaurants, food markets
and factories.
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 § 22a-209 of
the Connecticut General Statutes, or solid waste greater than de minimis
quantities, as determined by the Commissioner of Environmental Protection,
of radioactive material regulated pursuant to § 22a-148
of the Connecticut General Statutes, hazardous waste as defined in
§ 22a-115 of the Connecticut General Statutes, and liquid
and semiliquid materials, including but not limited to adhesives,
paints, coatings, sealants, preservatives, strippers, cleaning agents,
oils and tars.
Any wastes defined as hazardous wastes in § 22a-115
of the Connecticut General Statutes, including but not limited to
explosives; pathogenic or pathological wastes; radioactive wastes;
cleaning fluids, acids, poisons, medicines or other chemical wastes
which either create an immediate safety hazard to persons disposing
of the waste or which by virtue of their chemistry and/or the method
of disposal present a threat to the quality of ground/surface waters;
and hospital operating room wastes.
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.
An individual person, partnership, association, company,
corporation, limited liability partnership, limited liability company,
or other legal entity.
The wood portion of construction and demolition waste that
has been sorted to remove plastics, plaster, gypsum wallboard, asbestos,
asphalt shingles, regulated wood fuel, as defined in § 22a-209a
of the Connecticut General Statutes, and wood which contains creosote
or to which pesticides have been applied or which contains hazardous
waste.
Materials designated for recycling by the Commissioner of
Environmental Protection pursuant to § 22a-241b of the Connecticut
General Statutes, and any other materials that have been so designated
by the Superintendent, as approved by the Board of Selectmen.
Unwanted or discarded solid, liquid, semisolid or contained
gaseous material, including, but not limited to, demolition debris,
material burned or otherwise processed at a resources recovery facility
or incinerator, material processed at a recycling facility and sludges
or other residue from a water pollution abatement facility, water
supply treatment plant or air pollution control facility.
Any person who or which is held out for hire to collect solid
waste.
The Superintendent of Public Works of the Town.
The Town of Griswold, Connecticut.
The Board of Selectmen is hereby authorized
to enact from time to time such regulations, consistent with this
chapter, as it shall deem in the public interest and as may be allowed
by the Connecticut General Statutes regarding the separation, recovery,
collection, removal, storage, preparation, and disposition of solid
waste and recyclable materials, including but not limited to any applicable
fees and fines. Such regulations shall become effective immediately
upon passage, shall be published immediately after passage in a local
daily newspaper, and shall be immediately posted in a conspicuous
place in the Town Hall and at disposal sites, designated as such by
the Superintendent, that are within the Town.
A.
License required. No person may collect or dispose
of solid wastes generated in the Town without a license, except that
the actual producers of solid waste or the owners of premises in the
Town upon which solid waste has accumulated may personally collect
and dispose of such solid wastes at such places as the Superintendent
may designate.
B.
Licensing authority designated. The Superintendent
shall be the licensing authority for solid waste collectors. The Superintendent
shall grant a license within a reasonable time following the filing
of proper application and payment of the prescribed fee unless he
or she finds one or more of the following conditions to prevail:
(1)
The applicant has been irresponsible in conduct of
solid collection or hauling operations based upon previous suspensions
and/or revocations of licenses or based upon violation of any regulations
enacted by the Board of Selectmen.
(2)
The applicant lacks suitable equipment with which
to collect solid waste in a safe and nuisance-free manner and in compliance
with this chapter.
(3)
The applicant lacks adequate liability insurance.
C.
Revocation or suspension of license. A license to
engage in solid waste collection and to use any waste disposal or
processing facilities provided by the Town is a privilege, not a right.
Failure to comply with the provisions of any license issued under
the provisions of this chapter may result in revocation and/or suspension
of the license in addition to any other penalty imposed by law.
D.
Superintendent's responsibilities. The Superintendent
shall administer the licensing of any solid waste collector engaged
in the collecting and transporting of solid waste in the Town. The
Superintendent shall also regulate the solid waste collectors' responsibilities
and obligations in the disposal of any solid waste generated in the
Town. The Superintendent shall regulate solid waste collectors in
accordance with § 22a-220a of the Connecticut General Statutes.
E.
Covered vehicles required. Solid waste collectors
shall use only covered vehicles for the collection and transportation
of all solid wastes. No vehicle transporting solid waste to any Town
facility shall be allowed entry into the facility unless it is covered.
Vehicles that are designed specifically for the collection and transportation
of solid waste shall not be deemed to be uncovered if they are open
only at the rear.
The owner of each premises upon which solid
waste is created or generated shall provide, at a suitable place upon
such premises, sufficient receptacles for receiving and holding such
solid waste during the intervals between collections. Solid waste
containers shall be maintained in good condition, free of holes and
fissures, and shall be equipped with securely fitting covers. Recyclable
material containers do not require securely fitting covers.
A.
Placement into containers. No person shall place any
solid waste in any street, alley or other public place or upon any
private property, whether owned by such person or not, within the
Town unless the waste is placed in proper containers or otherwise
properly prepared for collection or unless express approval is granted
by the Superintendent. No person shall throw or deposit any solid
waste in any stream or body of water.
B.
Uncontained accumulations of solid waste. Any uncontained
accumulation of solid waste on any premises is hereby declared to
be a nuisance and is prohibited. Failure to remove any such accumulation
of solid waste within 10 days after written notice from the Superintendent
by registered mail shall be deemed a violation of this chapter.
C.
Scattering of solid waste. No person shall cast, place,
sweep, or deposit anywhere within the Town any solid waste in such
a manner that it may be carried or deposited by the elements upon
or in any street, sidewalk, alley, sewer, parkway, or other public
place, or into any occupied premises.
D.
Illegal dumping. No person shall dispose of solid
waste in a receptacle rented or owned by another person. No person
shall contaminate a receptacle designated for recycling by disposing
of nonrecyclable solid waste in such a receptacle. No person shall
dispose, within the Town, of any solid waste generated outside the
territorial limits of the Town of Griswold.
E.
Waste originating outside of the Town. No solid waste
originating outside of the Town of Griswold may be brought into the
Town for other than temporary storage for later disposal at a licensed
public or private facility located outside of the Town of Griswold.
For the purpose of this subsection, "temporary storage" shall be defined
as storage at a particular location for not more than four hours.
F.
Other nuisances. Any accumulation of solid waste that
is declared to be a nuisance or health hazard by the Director of Health,
whether or not such accumulation is contained, is prohibited. The
Director of Health, upon the declaration of a health hazard or nuisance,
shall issue the owner of the property on which the solid waste has
accumulated a notice of such declaration. Failure to remove any such
accumulation of solid waste within 10 days after written notice from
the Director of Health by certified mail shall be deemed a violation
of this chapter. Upon failure by the property owner to remove such
accumulation within the 10 days of written notice, the Director of
Health shall issue an order to the Town to clean up and remove said
accumulation. The property owner shall be billed for the full cost
of such cleanup and removal, and a lien may be placed on the property
for such costs to the extent allowed by law.
G.
Transportation of solid waste. All vehicles transporting
solid waste to a disposal or transfer facility must be covered to
prevent such waste from being blown or ejected from the vehicle. No
vehicle that fails to comply with this provision shall be allowed
to enter any Town disposal or transfer facility.
H.
All solid waste generated in the Town shall be delivered or caused to be delivered to the SCRRRA system for so long as the MSA remains in effect, as directed by SCRRRA and for the ultimate delivery to the SCRRRA facility. To the extent any such solid waste is not acceptable for disposal at the SCRRRA facility, such unacceptable solid waste shall be delivered or caused to be delivered to such other facility designated by SCRRRA, including the Town’s transfer facility. After the MSA is no longer in effect, the Board of Selectmen shall designate the facility for the delivery of solid waste generated in the Town. The person delivering solid waste to the SCRRRA facility or other designated place shall pay any applicable disposal charge. All regulations of the Town and any direction or designation by the Board of Selectmen about the disposal of solid waste generated in the Town shall be consistent with this Subsection H of § 198-7.
[Added 1-28-2020]
It shall be unlawful for any person, firm, or
corporation to place hazardous wastes or similarly dangerous substances
into any solid waste container or to transport any such substance
to any place designated for the lawful disposal or delivery of bulky
waste or other solid wastes.
B.
Construction or demolition wood generated at a residence,
other than wood that has been pressure-treated or that otherwise contains
arsenic, furniture, mattresses and rugs, or any such waste that has
been crushed, chipped, shredded, or otherwise processed, may be accepted
at any properly permitted facility for the disposal of bulky waste,
resources recovery facility, or municipal solid waste landfill.
A.
Separation of materials; collection. Recyclable materials
shall be separated from other solid wastes, prepared for collection,
and placed at the curb or other designated collection places for collection
on the days designated by the Superintendent in accordance with the
regulations established by the Board of Selectmen.
B.
Separation at nonresidential premises. The owners
or operators of multifamily housing units, and commercial, industrial,
or other nonresidential premises where solid waste is created or generated
shall provide sufficient areas and receptacles on the premises for
convenient separation and storage of recyclable materials. Recycling
receptacles must be clearly labeled as being for recyclable only and
must be a different color from solid waste containers used for other
solid wastes.
Except as may be provided in § 198-12 of this chapter, any violation of the terms of this chapter shall be deemed an infraction and shall be punishable by a fine of not more than $90 for each offense. The Board of Selectmen shall establish a schedule of fines for such infractions. Each infraction shall be a separate and distinct offense and, in case of a continuing infraction, each day's continuance thereof shall be deemed a separate and distinct offense. In addition, the Town of Griswold, or its agent, reserves the right to refuse or to allow disposal in a landfill or other designated locations utilized by the Town of Griswold where the provisions of this chapter or the regulations enacted hereunder are ignored. The Board of Selectmen shall have full discretionary authority in deciding all disputed questions arising under the provisions of this chapter or the regulations enacted hereunder.
A.
B.
Following the sixty-day period set forth in Subsection A, recyclable materials from any waste generator for whom there exists a reasonable opportunity to recycle will no longer be accepted at any disposal facility contracted by the Town.
C.
Solid waste collectors shall not collect waste from
waste generators in violation of presorting requirements.
D.
Fines may be assessed for the disposal of any solid
waste from which recyclable materials have not been properly sorted
in accordance with the following schedule:
E.
Contracted waste and materials haulers who, in accordance
with these regulations, refuse to collect from a waste generator who
violates presorting requirements will notify the landfill supervisor,
no later than the next working day, for action by the Town against
the violator. The party whose waste was not collected will be held
in violation of this chapter and subject to the following fines:
F.
Individuals and private businesses delivering their
own waste will place recyclable materials in appropriate containers
provided at the Town recycling area.
All ordinances or parts of ordinances, resolutions,
regulations or other documents inconsistent with the provisions of
this chapter are hereby repealed to the extent of such inconsistency.
This chapter and various parts, sentences, sections,
and clauses thereof, are hereby declared to be severable. If any part,
sentence, section or clause is adjudged invalid, it is hereby provided
that the remainder of this chapter shall not be affected thereby.
