[Adopted 3-26-1990]
[Amended 10-26-1998]
There is hereby established a program for the
mandatory separation of certain recyclable materials from municipal
solid waste in the Town of Fairfield and the collection of segregated
recyclables at the Town's curbside and/or at other specified locations.
The collection of segregated recyclables shall be made periodically
under the supervision of the Solid Waste and Recycling Commission.
[Amended 10-26-1998]
The Solid Waste and Recycling Commission shall
have the responsibility and shall oversee implementation of this article.
A Director of the Solid Waste and Recycling
Department shall be appointed for an indefinite term by the Board
of Selectmen and shall report directly to the First Selectman. The
Director of the Solid Waste and Recycling Department shall administer
the Town's recycling program and coordinate the program with private
trash haulers and recycling centers in a manner consistent with state
and federal regulations. In addition, the Director of the Solid Waste
and Recycling Department shall provide recycling education for residents
and school children through appropriate media and through schools.
[Amended 10-26-1998]
Recyclable materials are any discarded materials
which are mandated by the state to be recycled, as well as other items
which are deemed recyclable by the Solid Waste and Recycling Commission.
[Amended 10-26-1998]
All recyclables shall be separated from nonrecyclables
and prepared for collection according to the procedures contained
in regulations adopted by the Solid Waste and Recycling Commission.
A.
Recyclable materials shall be placed in containers
approved by the Director and kept separate from other garbage or rubbish.
B.
Containers with recyclable materials shall be placed
at curbside and/or at other locations as approved by the Director,
in a manner contained in regulations published by the Solid Waste
and Recycling Commission.
C.
The Director shall prominently publish or cause to
be published the initial schedule of said collection and shall publish
or cause to be published a new schedule or guidelines thereafter whenever
there is a change in either materials to be collected, methods of
collection or schedule for collections.
D.
The Solid Waste and Recycling Commission shall adopt
regulations covering the length of time, hours and days, that recyclable
containers shall remain at curbside.
[Amended 5-23-2011]
A.
Apartments,
condominiums and businesses serviced by private collectors shall have
an area or container designated for recyclables, and the area or container
shall be so labeled.
B.
Effective
07/01/11, public gasoline filling stations which are subject to Connecticut
State Department of Environmental Protection regulations shall provide
suitable containers designated for the receipt of recyclables in the
form of glass, plastic and aluminum at the point of purchase of gasoline
for use by customers. There shall be at least one recycling container
for every four installed pumps. Filling stations with less than four
installed pumps shall have at least one container. The containers
are to be clearly marked and readily accessible for use by customers.
The provided container must be at least a twelve-gallon size or measure
19" x 16" x 13". Marina facilities are excluded from this provision.
C.
Effective 07/01/11, car washes open to the public and serviced subject to Connecticut State Department of Environmental Protection regulations shall provide containers designated for recyclables in the form of glass, plastic and aluminum at the point where a customer exits and/or vacuums his or her vehicle for the use of said customer. There shall be at least one container for every two vacuum stations with an overall minimum of one. The containers are to be clearly marked and readily accessible for use by customers. The provided container must be at least a twelve-gallon size or measure 19" x 16" x 13". This Subsection C shall not apply to charity or other fund-raising car washes primarily designed to raise funds for a registered charity or nonprofit organization.
[Amended 10-26-1998]
Recyclable materials shall be collected no less
than once every two weeks or as deemed necessary by the Solid Waste
and Recycling Commission.
[Amended 10-26-1998]
Persons having custody or control of residential,
industrial or business garbage disposal within the Town of Fairfield
shall not dispose of recyclables along with nonrecyclables at the
transfer station. Failure to properly exclude recyclables from other
waste, i.e., nonrecyclables, may result in a suspension of disposal
privileges or a fine, or both, as determined in regulations adopted
by the Solid Waste and Recycling Commission.
The Town shall require the separation of recyclables
as a condition of licensing or authorizing public events at which
solid waste and recyclables will be generated.
[Amended 10-26-1998]
The Solid Waste and Recycling Commission, in
cooperation with the Department of Environmental Protection and with
other state, local and federal regulatory authorities, will develop
and implement a plan to encourage and effectuate the periodic collection
of hazardous substances, recyclable or not, and prominently publish
information on the procedures for safe and ecologically sound disposal
of these substances. Certain substances such as toxic chemicals, dead
animals, demolition debris, excrement, surgical medical waste, explosives
and other similar dangerous wastes that are liable to do injury to
persons or property are not acceptable for municipal collection and
such items shall be disposed of in accordance with the regulations
of the Department of Environmental Protection and the Town Health
Code.
No person or business, shall pick up, procure
or otherwise tamper with any refuse deemed recyclable under this article
or a valid regulation, after such time this recyclable material is
placed for collection, unless otherwise authorized by the Director.
The enforcement of this article is the responsibility
of the Director. Any private contractor hired to haul refuse shall
be responsible for notifying the Director if a residence or commercial
establishment is in violation of any provisions of this article or
valid regulation.
[Amended 10-26-1998]
A.
Subject to a moratorium of enforcement to be determined
by the Solid Waste and Recycling Commission, any person, business
or institution in violation of the terms of this article shall be
subject to the following:
(1)
Upon the first offense, the hauler shall notify the
violator that subsequent violations may result in fines and/or noncollection
of refuse. The hauler will not be required to collect the refuse and
shall notify the Director of said violation.
(2)
Upon notification of the second offense within 365
days of the first violation, the Director shall issue a final written
warning that a subsequent violation will result in a fine and/or noncollection
of refuse.
(3)
Upon notification of the third violation within 365
days of the first violation, the violator shall be subject to a fine
of not less than $50 but not to exceed $100, and a written warning
that subsequent violation of Section 21 of the Health Code of the
Town of Fairfield shall be issued by the Director.
B.
The above shall also apply to any commercial hauler.
The Director may issue permits to private parties
or charitable organizations to collect recyclable materials on the
condition that a report is filed by the party or organization detailing
the amount of materials collected, and provided that the Director
determines that said collection does not defeat the purpose or cost
effectiveness of the Town's recycling program nor conflict with the
responsibilities of the Town pursuant to its membership in the intercommunity
agreement establishing the Southwest Connecticut Regional Recycling
Operating Committee, or any such agreement as the Town may enter into.
This article and the various parts, sentences,
sections and clauses hereof 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 article shall not be affected
thereby.
[Amended 10-26-1998]
The Solid Waste and Recycling Commission is
authorized and directed to prepare and publish regulations governing
recycling. The initial body of regulations shall be subject to the
approval of the Representative Town Meeting.
Any and all ordinances of the Town of Fairfield
heretofore enacted and in force and effect on the date of adoption
of this article which are inconsistent herewith are hereby repealed.
[Amended 10-26-1998]
The provisions of this article shall become effective 14 days following the adoption of regulations by the Solid Waste and Recycling Commission and approval of the Representative Town Meeting, whichever is later, as authorized in § 84-24 of this article but no earlier than 14 days after adoption of this article and no later than January 1, 1991.
