[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:
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.
Corrugated boxes and similar corrugated and kraft paper materials
which have a minimum of contamination by food or other material.
Any person who holds himself out for hire to collect solid
waste from residential, business, commercial and other establishments
within the Town.
The Commissioner of Environmental Protection of the State
of Connecticut or his authorized agent.
The General Statutes of Connecticut, as amended.
A glass bottle or jar of any size or shape used to package
food or beverage products suitable for human or animal consumption.
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.
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.
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.
The foliage of trees.
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.
Used or discarded newsprint which has a minimum of contamination
by food or other material.
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.
Any individual, organization, corporation, trust, partnership,
foundation, group, association or establishment or combination of
them.
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.
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.
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.
The processing of solid waste to reclaim material therefrom.
Land and appurtenances thereon and structures where recycling
is conducted, including but not limited to an Intermediate Processing
Center.
Real estate containing one or more dwelling units, excluding
hospitals, institutions, motels and hotels.
A facility utilizing processes to reclaim energy from municipal
solid waste and, particularly, the Greater Bridgeport Resources Recovery
Facility located in Bridgeport.
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, liquid, semisolid or contained gaseous material that
is unwanted or discarded, including but not limited to material processed
at a recycling facility.
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.
Any solid waste disposal area, volume reduction plant, transfer
station, wood-burning facility or biomedical waste treatment facility.
The State of Connecticut.
Lead acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
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.
The Town of Wilton, including authorized officers, boards,
commissions and agencies of the Town.
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:
(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.
