[HISTORY: Adopted by the Town Council of the Town of Stratford 12-10-1990; amended
in its entirety 6-13-2005 by Ord. No. 05-12. Subsequent amendments
noted where applicable.]
On and after January 1, 1991, the owner or occupant of each
residence, residential unit, place of business, industry or institution
shall provide for the separation, collection and processing of recyclable
solid waste in accordance with regulations adopted initially by the
Stratford Recycling Committee, as amended by the Director of Public
Works or his designee.
Definitions as used in this chapter shall have the meanings
indicated:
The Commissioner of Environmental Protection.
The Director of Public Works of the Town of Stratford, or
his designee.
Any Town, consolidated town and city, consolidated Town and
Borough, city and Borough.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
Any operation or activity whose purpose is to collect and/or
recycle all recyclable materials including, but not limited to, newspapers,
plastics, glass, aluminum, tin and all items considered recyclable
pursuant to Section 22a-24lb and Chapter 54 of the Connecticut General
Statutes.
The regulations adopted initially by the Recycling Committee
to carry out and enforce the provisions of this chapter and of Sections
22a-241a to 22a-241h of the Connecticut General Statutes, as the same
may be amended in accordance with this chapter.
The Recycling Committee of the Town of Stratford is hereby abolished.
From and after the effective date of this chapter, the Director shall
have authority to promulgate such regulations, in conformity with
the regulations adopted by the Commissioner, as are necessary to implement
and carry out the functions as contained in Connecticut General Statutes
Sections 22a-241a to 22a-241h, inclusive, and as amended from time
to time.
A.Â
The Director shall, by regulation, provide for:
(1)Â
The manner in which all recycling efforts of the Town of Stratford
shall be established, amended or changed, implemented and carried
out.
(2)Â
The form for an application to conduct such recycling activities.
(3)Â
Notice and publication requirements, if any.
(4)Â
Criteria and procedures for all said recycling activities in the
Town of Stratford.
(5)Â
The regulation of the Town of Stratford's entire recycling program.
B.Â
No regulations shall become effective or be established until a public
hearing in relation thereto is held by the Town Council and until
approved by the Town Council as provided for herein. Notice of the
time and place of such hearing shall be published in the form of a
legal advertisement appearing in a newspaper having a substantial
circulation in the Town of Stratford at least twice at intervals of
not less than two days, the first not more than 25 days nor less than
15 days, and the last not less than two days before such hearing,
and a copy of such proposed regulation shall be filed in the Office
of the Town Clerk for public inspection at least 10 days before such
hearing and may be published in full in such paper. A copy of the
notice and the proposed regulations or amendments thereto shall be
provided to the Commissioner at least 35 days before such hearing.
Any and all of such regulations or changes thereto shall become effective
at such time as the same are approved by the Town Council as provided
for, provided that a copy of such regulation shall be filed in the
Office of the Town Clerk.
C.Â
Whenever a change is made in regulations, a copy of such regulations
or change shall be provided to the Commissioner no later than 10 days
after its effective date, provided that failure to submit such regulation
or change shall not impair the validity of such regulation or change.
All requests submitted in writing and in a form prescribed by the
Director requesting a change in said regulations shall be considered
at a public hearing in the manner provided for herein within 90 days
after receipt of such request. Any such public hearing may be postponed
to some later date, with the written approval of such postponement
by the proponent(s) of such a change. The petitioner may consent to
the aforesaid extension of the periods provided for in the hearing
and adoption or denial or may withdraw such request. Said regulations
or any amendments thereto shall be adopted by a majority vote of the
Town Council. If the Town Council fails to act on the proposed regulations
within 60 days after receipt of the same, the regulations shall become
effective one week thereafter.
A.Â
On and after the effective date of this chapter, no recycling activity
not already in existence nor previously approved by the Town Council
shall be conducted in the Town of Stratford without a permit from
the Director, nor shall any recycling activity already in existence
or previously approved by the Town Council be enlarged, extended or
expanded in scope or volume from its existing scope or volume without
a permit from the Director. Any person proposing to conduct a recycling
activity or to enlarge, extend or expand an existing or previously
approved recycling activity within the Town of Stratford shall file
an application as available through the Director. The application
shall be in such form and contain such information as the Director
may prescribe. No later than 65 days after the receipt of such application,
the Director shall take action on said application; provided, however,
that an extension of such 65 days may be granted by written approval
of the applicant.
B.Â
In granting, denying or limiting any permit for a recycling activity
or for the expansion or enlargement of any existing or previously
approved recycling activity, the Director shall consider the following
factors:
(1)Â
Any and all factors as set forth in the General Statutes.
(2)Â
The impact of the proposed activity upon traffic within the Town.
(3)Â
The capacity of adjacent and feeder streets to handle traffic loads
and hazards caused by the activity.
(4)Â
The emission of noise, light, smoke, odor, gas, dust or vibration
in noxious or offensive quantities resulting from the activity.
(5)Â
The effect of the activity upon valuation of properties in the neighborhood.
(6)Â
Fire and/or police hazards involved.
C.Â
In granting an application, the Director may grant the application
as filed or grant it upon such terms, conditions, limitations or modifications
of the recycling activity as he, in his sole discretion, deems suitable
and proper.
D.Â
The Director may suspend or revoke approval of any such application
if he finds, after giving notice to the applicant of the facts or
conduct which warrant the intended action and after a hearing at which
the applicant is given an opportunity to show compliance with the
requirements for retention of the approval, that the applicant has
not complied with the conditions or limitations set forth in the approval
or has exceeded the scope of the work as set forth in the application.
E.Â
The Director may require a filing fee to be deposited with the Town.
The amount of such fee shall be sufficient to cover the reasonable
cost of reviewing and acting on applications including, but not limited
to, the cost of certified mailings, publications of notices and decisions,
and monitoring compliance with permit conditions.
There is hereby established a program for the mandatory separation
of certain recyclable materials from municipal solid waste in the
Town of Stratford 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 Director.
The Director 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 shall provide recycling education for residents
and school children through appropriate media and through schools.
"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 Director.
All recyclables shall be separated from nonrecyclables and prepared
for collection according to the procedures contained in the regulations.
A.Â
Recyclable materials shall be placed in containers approved by the
Director and kept separate from the garbage or rubbish.
B.Â
Containers with recyclable materials shall be placed at curbside
and/or at other locations as approved by the Director.
C.Â
The Director shall prominently publish or cause to be published any
new schedule or guidelines thereafter whenever there is a change in
either materials to be collected, methods of collection, or schedule
for collections.
D.Â
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.
Persons having custody or control of residential, industrial
or business garbage disposal within the Town of Stratford 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 the regulations.
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.
It shall be a violation of this chapter for any person or business
to pick up, procure or otherwise tamper with any refuse deemed recyclable
under this chapter or a valid regulation after such time as this recyclable
material is placed for collection, unless otherwise authorized by
the Director.
A.Â
Each owner of property used for business, institutional and other
nonresidential purposes, at such owner's expense, shall collect
and have recycled all recyclable solid waste which is generated from
properties other than residential properties, in accordance with the
provisions of this chapter.
B.Â
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 properties, the Director may require
such nonresidential generators to submit plans for recycling to the
Town and may require such generators to submit periodic reports to
the Town setting forth specified data relating to the amount and nature
of items recycled.
A.Â
Any collector hauling solid waste generated by residential, business
or other establishments within the Town of Stratford shall register
in the Town within 30 days of the effective date of this chapter and
shall disclose the name of any other municipality in which such collector
hauls solid waste. The Director is authorized and directed to establish
reasonable requirements and qualifications for a person to be a collector
of solid waste within the Town.
B.Â
The door of any private vehicle used to haul solid waste generated
with the Town shall be clearly marked with the business name and address
of the hauler.
C.Â
Any collector who has reason to believe that a person from whom he
has collected solid waste has discarded items required to be recycled
with such solid waste shall promptly notify the Director of the alleged
violation. Upon request by the Director, a collector shall provide
a warning notice, by tag or other means, to any person suspected by
the collector or by the Town of violating separation requirements.
Each collector shall also assist the Town to identify any person responsible
for creating loads containing significant quantities of items required
to be recycled mixed with solid waste which are delivered to the resources
recovery facility or solid waste facility by the collector.
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.
A.Â
Notwithstanding any other sections of the General Statutes to the
contrary, the Town, acting by the Director, may impose a penalty not
to exceed $500 for each violation by a commercial establishment of
the requirements of Subdivision (c) of Section 22a-241b of the Connecticut
General Statutes, as amended.
B.Â
In addition, the Director shall be empowered to suspend or revoke
any permit issued pursuant to this chapter for any violation of the
same and/or the General Statutes.
C.Â
Any person who violates the provisions of this chapter shall, in
addition to other legal remedies available to the Town, be cited and
may be fined not more than $100 for each offense, and each violation
of this chapter or of regulations and instructions promulgated pursuant
to this chapter shall be a separate violation. This chapter and the
regulations and instructions promulgated pursuant to this chapter
may be enforced by citations issued by the Director. Before issuing
any citation, the Director shall issue a written warning providing
notice of the specific violation in accordance with Section 7-148(c)(10)(A)
of the Connecticut General Statutes, as amended.
