Town of Wilton, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Wilton Town Meeting as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-26-19791
As required by Section 19-524n of the Connecticut General Statutes,[1] the Town of Wilton, acting by its Board of Selectmen, shall make provision for the disposal of all solid wastes generated within the Town; and, pursuant to Sections 7-148, 7-194 and 19-524n of the Connecticut General Statutes, the Board of Selectmen may regulate and control the collection, depositing, disposal and removal of all solid waste, garbage, rubbish, trash, tines and similar material within the Town of Wilton and charge reasonable fees to license and to defray the costs in whole or in part for providing such solid waste disposal facilities and services and the cost of regulating such activities.
[1]
Editor's Note: See now Section 19a-513 of the Connecticut General Statues.
A. 
The Board of Selectmen may:
(1) 
Dispose of solid wastes generated within the boundaries of the Town of Wilton or may contract for the disposal of such solid wastes at a location or locations outside the Town;
(2) 
Determine which types of waste materials may be disposed of both inside and outside the boundaries of the Town of Wilton;
(3) 
Operate collection and transfer facilities for solid waste materials which are to be collected and transported out of the Town and adopt regulations for such facilities; and
(4) 
Adopt regulations to license and issue permits for collection and disposal of solid waste within the Town, including the type of vehicles used for collection of solid waste and sanitary conditions for vehicles.
B. 
Any such disposal procedures and facilities shall be in accordance with state laws and regulations.
A. 
The fees to be charged shall be within the discretion of the Board of Selectmen and may be changed by it from time to time, and all fees charged by the Board of Selectmen for licensing and defraying the cost of providing solid waste disposal facilities prior to the passage of this ordinance are approved and validated. Different rates may be charged for the disposal of different types of solid waste materials, including but not limited to garbage, trash, demolition materials, construction debris, brush and tires.
B. 
The rates charged for each type of material shall not exceed the cost to the Town of disposing of each type of material, and the total charges shall not exceed the cost to the Town of Wilton of providing facilities for and regulating solid waste disposal.
C. 
The Board of Selectmen may determine which of the costs incurred by the Town of Wilton shall be paid for by the Town without reimbursement by users of the solid waste facilities and services provided by the Town and which costs shall be charged to such users of the facilities and services.
Town vehicles may be used to haul solid waste to the Town transfer station where public necessity requires it or to haul solid waste generated by Wilton Town government operations.
A. 
It shall be unlawful for any person who is not licensed by the Town of Wilton, in accordance with licensing and permit provisions and regulations adopted by the Board of Selectmen, to engage in the business of collecting, transporting or disposing of refuse in the Town of Wilton for compensation.
B. 
Any person who violates the provisions of this ordinance shall, in addition to other legal remedies of the Town of Wilton, be fined not more than $100, for each offense, and each act of collecting, transporting or disposing of solid waste shall be a separate violation.
The invalidity of any word, clause, section or provision of this ordinance shall not affect the validity of any other part, which can be given effect without such invalid part or parts.
[Adopted 10-10-1990]
There is established a Town Solid Waste Recycling Program with standards to effect the maximum level of recycling of solid waste and source separation.
For the purposes of this ordinance, the following terms shall have the meanings indicated:
ACCEPTABLE RECYCLING MATERIALS
Those items to be received and processed at the SWEROC Regional Intermediate Processing Center, including glass food and beverage containers, metal food and beverage containers, newspaper and certain HDPE and PET plastic food and beverage containers and other recyclables determined by SWEROC.
CARDBOARD
Corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
COLLECTOR
Any person who holds himself out for hire to collect solid waste from residential, business, commercial and other establishments within the Town.
COMMISSIONER
The Commissioner of Environmental Protection of the State of Connecticut or his authorized agent.
GENERAL STATUTES
The General Statutes of Connecticut, as amended.
GLASS FOOD AND BEVERAGE CONTAINER
A glass bottle or jar of any size or shape used to package food or beverage products suitable for human or animal consumption.
HPDE (HIGH-DENSITY POLYETHYLENE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any high-density polyethylene bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption or used for household laundry products or motor oil which are marked on the bottom with the number 2 encircled by the recycling symbol.
INTERCOMMUNITY AGREEMENT
The agreement of September 15, 1989, entered into by the Towns and cities in Southwest Connecticut to form SWEROC and establish a regional recycling program.
INTERMEDIATE PROCESSING FACILITY or INTERMEDIATE PROCESSING CENTER
A facility where glass, metals, paper products, batteries, household hazardous waste, fertilizers and other items are removed from the waste stream for recycling or reuse.
LEAVES
The foliage of trees.
METAL FOOD AND BEVERAGE CONTAINER
An aluminum, bimetal, steel, tin-plated steel or other metallic can, plate or tray of any size or shape used to package food or beverage products suitable for human or animal consumption.
NEWSPAPER
Used or discarded newsprint which has a minimum of contamination by food or other material.
OFFICE PAPER
Used or discarded high-grade white paper and manila paper, including but not limited to paper utilized for file folders, tab cards, writing, typing, printing, computer printing and photocopying, which is suitable for recycling and which has a minimum of contamination, excluding office paper generated by households.
PERSON
Any individual, organization, corporation, trust, partnership, foundation, group, association or establishment or combination of them.
PET (POLYETHYLENE TEREPHTHALATE) PLASTIC FOOD AND BEVERAGE CONTAINER
Any polyethylene terephthalate bottle, jar or container of any size or shape used to package food or beverage products suitable for human or animal consumption, which is marked on the bottom of the bottle, jar or container with the number 1 encircled by the recycling symbol.
RECYCLABLES or ITEMS REQUIRED TO BE RECYCLED OR STATUTORY RECYCLABLE MATERIALS
Cardboard, glass food and beverage containers, metal food and beverage containers, newspaper, certain HDPE and PET plastic food and beverage containers, office paper, scrap metal, storage batteries and waste oil, as defined herein, and such other items as may be designated by the Commissioner.
RECYCLE
To separate or divert an item or items from the solid waste stream for the purposes of processing it or causing it to be processed into a material product, including the production of compost, in order to provide for disposition of the item or items in a manner, other than incineration or landfilling, which will best protect the environment.
RECYCLING
The processing of solid waste to reclaim material therefrom.
RECYCLING FACILITY or RECYCLING CENTER
Land and appurtenances thereon and structures where recycling is conducted, including but not limited to an Intermediate Processing Center.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, excluding hospitals, institutions, motels and hotels.
RESOURCES RECOVERY FACILITY
A facility utilizing processes to reclaim energy from municipal solid waste and, particularly, the Greater Bridgeport Resources Recovery Facility located in Bridgeport.
SCRAP METAL
Used or discarded items which consist predominately of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to white goods and metal containers.
SOLID WASTE
Solid, liquid, semisolid or contained gaseous material that is unwanted or discarded, including but not limited to material processed at a recycling facility.
SOLID WASTE DISPOSAL AREA
Land and appurtenances thereon and structures, including a landfill or other land disposal site used for the disposal of more than 10 cubic yards of solid waste.
SOLID WASTE FACILITY
Any solid waste disposal area, volume reduction plant, transfer station, wood-burning facility or biomedical waste treatment facility.
STATE
The State of Connecticut.
STORAGE BATTERY
Lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
SWEROC
The Southwest Connecticut Regional Recycling Operating Committee created by the intercommunity agreement among the towns and cities in Southwest Connecticut to establish a regional recycling program.
TOWN
The Town of Wilton, including authorized officers, boards, commissions and agencies of the Town.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
The Board of Selectmen is vested with full powers to develop and operate a recycling program consistent with this ordinance, the intercommunity agreement establishing the Southwest Connecticut Regional Recycling Operating Committee, policies promulgated by SWEROC and the laws and regulations of the state. The Board of Selectmen shall appoint an administrator of the recycling program to supervise the operation and coordination of the recycling program established by the Board of Selectmen.
Under the provisions of the intercommunity agreement, the Town of Wilton has the following obligations:
A. 
To require residential acceptable recyclable materials generated within its boundaries as determined by SWEROC to be processed pursuant to the provisions of the intercommunity agreement.
B. 
To have residential statutory recyclable materials that are not processed at the regional intermediate processing center and all commercial and nonresidential statutory recyclable materials generated within its boundaries processed in accordance with applicable regulations of Connecticut State agencies.
C. 
To collect and/or received and transfer to the regional intermediate processing center or such place as designated by SWEROC all residential acceptable recyclable materials as determined by SWEROC.
D. 
To pay to SWEROC each month the Town's proportionate share of the cost associated with its participation in the regional recycling program.
E. 
To meet any other obligations in accordance with the terms of the intercommunity agreement, as it may be amended from time to time.
By adoption of this ordinance, the Town shall:
A. 
Fulfill its obligation under Section 2.08 of the April 27, 1990, agreement between the State of Connecticut and SWEROC to adopt "A mandatory source-separation ordinance . . . sufficient to implement its recycling program in the context of the regional recycling effort"; and
B. 
Comply with Section 22a-220 of the Connecticut General Statutes, as amended by Section 2 of Public Act No. 90-220, "To adopt an ordinance . . . setting forth measures to assure the compliance of persons within its boundaries with the requirements of Subsection (c) of Section 22a-241b, as amended by Section 1 of . . . Public Act 90-220 and to assure compliance of Collectors with the requirements of Subsection (a) of Section 4 of . . . Public Act 90-220.
The Board of Selectmen is authorized and directed to promulgate regulations and instructions setting forth detailed procedures to be followed by residents, businesses and institutions, collectors and others, to be binding upon all persons within the Town.
A. 
Residential.
(1) 
On and after January 1, 1991, each person who generates solid waste from residential property within the Town shall separate from other solid waste the following recyclable items:
(a) 
Cardboard.
(b) 
Glass food and beverage containers.
(c) 
Leaves.
(d) 
Metal food and beverage containers.
(e) 
Newspaper.
(f) 
Scrap metal.
(g) 
Storage batteries.
(h) 
Waste oil.
(i) 
Certain plastic food and beverage containers as described more fully below.
(2) 
Each person who generates solid waste from residential property within the Town shall place in an appropriate container the following items required to be recycled:
(a) 
Glass food and beverage containers.
(b) 
Metal food and beverage containers.
(c) 
Newspaper.
(d) 
PET (polyethylene terephthalate) plastic food and beverage containers which are marked on the bottom with the number 1 encircled by the recycling symbol.
(e) 
HDPE (high-density polyethylene) plastic food and beverage containers which are marked on the bottom with the number 2 encircled by the recycling symbol.
(f) 
Such other items as may be designated by the Board of Selectmen.
B. 
Nonresidential. On and after January 1, 1991, each person who generates solid waste from property other than residential properties shall make provision for the separation from other solid waste of the following items required to be recycled:
(1) 
Cardboard.
(2) 
Glass food and beverage containers.
(3) 
Leaves.
(4) 
Metal food and beverage containers.
(5) 
Newspaper.
(6) 
Office paper.
(7) 
Scrap metal.
(8) 
Storage batteries.
(9) 
Waste oil.
(10) 
PET (polyethylene terephthalate) plastic food and beverage containers which are marked on the bottom with the number 1 encircled by the recycling symbol.
(11) 
HDPE (high-density polyethylene) plastic food and beverage containers which are marked on the bottom with the number 2 encircled by the recycling symbol.
(12) 
Such other items as may be designated by the Board of Selectmen.
A. 
The items listed in § 25C-13A(2) above shall be collected and/or received at the Town's transfer station or other site designated by the Board of Selectmen and thereafter delivered to the regional intermediate processing center or to such other site designated by SWEROC, such collection and/or receipt and delivery to be in accordance with the provisions of this ordinance, the intercommunity agreement, policies promulgated by SWEROC and approved by the Board of Selectmen and any agreement entered into by SWEROC and approved by the Board of Selectmen for the processing and marketing of items required to be recycled and Section 22a-241b of the Connecticut General Statutes, as amended by Subdivision (c) of Section 1 of Public Act 90-220.
B. 
Each owner, tenant and operator of property used for business, institutional and other nonresidential purposes, at such person's expense, shall collect and have recycled the items listed in § 25C-13B which are generated from properties other than residential property, in accordance with the provisions of this ordinance, the intercommunity agreement, policies promulgated by SWEROC and approved by the Board of Selectmen and applicable state laws and regulations. Such owner, tenant and operator shall be jointly and severally liable to comply with this provision.
C. 
To assist the Town in monitoring the separation, collection, recycling and sale of items required to be recycled that are generated from properties other than residential property, the Board of Selectmen may require such nonresidential generators to submit plans for such recycling and periodic reports setting forth specified data relating to the amount and nature of items recycled.
A. 
Any collector hauling solid waste generated by residential, business or other establishments within the Town shall register in the Town in accordance with regulations to be adopted pursuant to this ordinance.
B. 
The two front doors of any vehicle used by a collector to haul solid waste generated with the Town shall be clearly marked with the business name and address of such collector.
C. 
The Board of Selectmen shall, by mail, give notice of this ordinance and any regulations promulgated hereunder for the collection, hauling, processing and marketing of items required to be recycled to all collectors registered under Subsection A of this section. After receipt of such notice, any collector who has reason to believe that a person from whom it has collected solid waste has discarded items required to be recycled with such solid waste shall promptly notify the Administrator of the recycling program of the alleged violation. Upon request by the Administrator of the recycling program, a collector shall provide a warning notice, by tag or other means, to any person suspected by the Administrator of the recycling program of violating the separation requirements of this ordinance. Each collector shall also notify the Administrator of the recycling program of any person depositing for collection significant quantities of items required to be recycled mixed with solid waste for delivery to a resources recovery facility or solid waste facility by such collector.
D. 
On and after January 1, 1991, as required by Section 4(b) of Public Act No. 90-220, the owner or operator of each resources recovery facility or solid waste facility who has reason to believe, upon visual inspection, that a load of solid waste which is delivered to the facility contains significant quantities of any items required to be recycled is required to provide prompt notification of such belief to the driver of the vehicles delivering the load and to the Administrator of the recycling program if the load originated within the Town. Under said Section 4(b) of Public Act 90-220, the owner or operator of each resources recovery facility or solid waste facility is also required to conduct unannounced inspections of loads delivered to such facility.
E. 
Any collector who dumps more than one cubic foot in volume of Solid Waste at one time in an area within the Town not designated for the disposal of such solid waste or who knowingly mixes other solid waste with items required to be recycled shall, for a first violation, be liable for a civil penalty of up to $1,000 and, for each subsequent violation, shall be liable for a civil penalty of up to $5,000. The Town or the Attorney General, at the request of the Commissioner, may bring an action under Section 3(f) of Public Act No. 90-220, which action shall have precedence in the order of trial as provided in Section 52-191 of the Connecticut General Statutes.
The Town, by action of its Board of Selectmen, may levy a charge for the collection and/or receipt and/or processing of solid waste brought to a facility for recycling.
SWEROC is designated as the Town's regional agent to provide the report due on July 1, 1991, and annually thereafter pursuant to Section 2(e) of Public Act No. 90-220.
It shall be a violation of this ordinance for any person not authorized by the Town to collect or pick up or cause to be collected or picked up any recyclables which have been set aside for collection.
A. 
The Town, acting by the Board of Selectmen, may impose a penalty not to exceed $500 for each violation by a commercial establishment of the requirements of this ordinance.
B. 
Except as otherwise expressly provided herein, any person who violates the provisions of this ordinance shall, in addition to other legal remedies available to the Town, be cited or fined not more than $100 for each offense, and each violation of this ordinance or of regulations and instructions promulgated pursuant to this ordinance shall be a separate violation. This ordinance and the regulations and instructions promulgated pursuant to this ordinance may be enforced by citations issued by the Administrator of the recycling program. Before issuing any citation, the Administrator of the recycling program shall issue a written warning providing notice of the specific violation in accordance with Section 7-148, Subdivision (c)(10)(A) of the Connecticut General Statutes.
C. 
The citation hearing procedure provided in Section 7-152c of the Connecticut General Statutes is established as the Town's citation hearing procedure to be followed when citations pursuant to § 25C-19B of this ordinance are issued. The Board of Selectmen is authorized to issue such rules and regulations governing the operation of the citation hearing procedure so long as such rules and regulations are consistent with Section 7-152c of the Connecticut General Statutes.
If any word, clause, section or provision of this ordinance is found to be invalid, such finding shall not affect the validity of any other part hereof, provided that such other part may be given effect without reference to the invalid part or parts.