[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.
- RECYCLING ACTIVITY
- 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.
The Director shall, by regulation, provide for:
The manner in which all recycling efforts of the Town of Stratford shall be established, amended or changed, implemented and carried out.
The form for an application to conduct such recycling activities.
Notice and publication requirements, if any.
Criteria and procedures for all said recycling activities in the Town of Stratford.
The regulation of the Town of Stratford's entire recycling program.
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.
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.
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.
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:
Any and all factors as set forth in the General Statutes.
The impact of the proposed activity upon traffic within the Town.
The capacity of adjacent and feeder streets to handle traffic loads and hazards caused by the activity.
The emission of noise, light, smoke, odor, gas, dust or vibration in noxious or offensive quantities resulting from the activity.
The effect of the activity upon valuation of properties in the neighborhood.
Fire and/or police hazards involved.
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.
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.
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.
Recyclable materials shall be placed in containers approved by the Director and kept separate from the garbage or rubbish.
Containers with recyclable materials shall be placed at curbside and/or at other locations as approved by the Director.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.