[HISTORY: Adopted by the Town Council of
the Town of Stratford 11-9-1992.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Transport of hazardous waste — See Ch. 118.
Litter — See Ch. 133.
Newspapers — See Ch. 140.
Recycling — See Ch. 165.
Weeds — See Ch. 214.
[1]
Editor's Note: This ordinance also repealed
former Ch. 108, Garbage, Rubbish and Refuse, adopted 8-10-1973.
[Amended 3-11-2019 by Ord. No. 19-01]
This is a chapter regulating the accumulation, collection, storage,
removal and disposal of solid waste, and providing for a system of
refuse collection and disposal and the administration thereof, for
the protection of the public health, safety and welfare. It is consequently
found and declared that:
A.Â
The Town is authorized by law to regulate the disposition of solid
waste generated within its boundaries and to license solid waste collectors;
B.Â
The Town is also authorized by Connecticut General Statutes § 22a-220a
to designate the area where solid waste generated within its boundaries
shall be disposed;
C.Â
The Town has executed an agreement with the Greater Bridgeport Regional
Solid Waste Committee requiring it to cause all acceptable solid waste
generated within its boundaries to be delivered to such facilities
as which the Committee has designated pursuant to contract.
D.Â
The public health, safety and welfare of the Town will be best served by requiring the delivery of acceptable solid waste as set forth in Subsection C.
E.Â
The enactment of this chapter is in furtherance of the Town of Stratford's
approved regional Solid Waste Management Plan.
[Amended 3-11-2019 by Ord. No. 19-01]
As used in this chapter, the following terms shall have the
meanings indicated:
Unwanted or discarded materials of the kind normally collected
or disposed of, or caused to be collected or disposed of, by or on
behalf of a municipality through private or municipal collection,
and commercial, governmental and light industrial waste for which
a municipality is required by state law to make provisions for the
safe and sanitary disposal thereof, but not including in any case
special handling waste or bulky solid waste.
Solid waste comprised of land clearing debris and waste resulting
directly from demolition and construction activities which can be
disposed of in a landfill holding a permit issued by the Connecticut
Department of Environmental Protection under CT ADC § 22a-209-1
and following of its regulations or any successor provisions.
The Director of Health, Town of Stratford, or the person
named by the Director to perform the duties of Director in his absence,
in the enforcing of the duties of this chapter.
The Director of Public Works, Town of Stratford, or the person
named by the Director to perform the duties of Director in his absence,
in the enforcing of the duties of this chapter.
The waste to energy plant operated by Wheelabrator Bridgeport
L.P. or such other place as is designated by the Greater Bridgeport
Regional Solid Waste Interlocal Committee as the destination for the
delivery of acceptable solid waste.
Pathological, biological, cesspool or other human wastes,
human and animal remains, radioactive, toxic and other hazardous wastes
which, according to federal, state or local rules or regulations from
time to time in effect, require special handling in their collection,
treatment or disposal, including those regulated under 42 U.S.C. §§ 6921
through 6925 and regulations thereunder adopted by the United States
Environmental Protection Agency pursuant to the Resource Conservation
and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901,
such as cleaning fluids, crankcase oils, cutting oils, paints, acids,
caustics, poisons, drugs, fine powdery earth used to filter cleaning
fluid and refuse of similar nature.
Any individual, firm, partnership, association, corporation,
company, public utility or organization of any kind, but excluding
the Town, its officers, boards, agencies or departments.
Hazardous waste; dirt, concrete and other nonburnable construction
material and demolition debris; large items of machinery and equipment,
such as motor vehicles and major components thereof, agricultural
equipment, trailers and marine vessels; and any other item of waste
exceeding six feet in any one of its dimensions or being in whole
or in part of a solid mass, the solid mass portion of which has dimensions
such that a sphere with a diameter of eight inches could be contained
within such solid mass portion, including, in the context of deliveries
to the facility, bulky solid waste, explosives, chapter materials,
oil, sludges, highly flammable substances, hazardous chemicals, tires
and other materials the acceptance of which is likely to cause damage
to or adversely affect the operation of the system, constitute a threat
to health or safety or violate or cause the violation of any applicable
federal, state or local law, regulation or judicial or administrative
decision or order.
The Town of Stratford, Connecticut, or its agencies.
[Amended 3-11-2019 by Ord. No. 19-01]
A.Â
The Town has established the necessary rules and regulations to comply with the regulations issued pursuant to Section 22a-241 et seq. of the Connecticut General Statutes, An Act Mandating Recycling in Municipalities and Concerning Source Reduction Planning, as amended and/or supplemented. These rules and regulations are found in Chapter 165 of the Code of the Town of Stratford and in regulations established by the Director of Public Works pursuant to said ordinance. All recycling activities shall be conducted in conformance with Chapter 165.
B.Â
Preparation for collection.
(1)Â
All items designated for mandatory recycling pursuant to Chapter 165 shall be separated and kept apart from other solid waste by the property owner or his agent, packaged in the prescribed manner and prepared for collection according to Chapter 165 of the Code of the Town of Stratford and pursuant to regulations adopted by the Director of Public Works.
(2)Â
Any solid waste left for collection which contains any items designated
for mandatory recycling shall be refused by any collector within the
Town. Such material shall also be refused at the solid waste facility
designated for disposal.
C.Â
No person, firm or corporation other than the owner, lessee or any occupant of a residential dwelling or commercial establishment, or any employee of the Town or any contractor employed by the Town for the removal of items to be recycled, or any party authorized by the Director of Public Works pursuant to Chapter 165 of the Code of the Town of Stratford, shall pick up, remove, destroy or interfere with the mandatory recyclable items, or any part thereof.
[Amended 3-11-2019 by Ord. No. 19-01]
A.Â
The "facility" as defined in § 182-2 is hereby designated as the area where acceptable solid waste generated within the boundaries of the Town of Stratford by residential, business, commercial or other establishments shall be disposed. On and after the effective date of this chapter, each person collecting any acceptable solid waste generated within the boundaries of the Town shall deliver all such waste to said facility or to the transfer station located at Watson Boulevard unless they are incapable of accepting acceptable solid waste at the time of delivery, in which event such solid waste shall be delivered as directed by the Director of Public Works.
B.Â
Acceptable solid waste, bulky solid waste and items designated for
mandatory recycling shall be separately delivered to the solid waste
disposal facility. No solid waste collected or produced outside the
Town limits shall be disposed of or deposited at the designated solid
waste disposal facility. Acceptance of a Town license by a private
collector acknowledges the right of the Town to inspect each delivered
load.
A.Â
The owner of each premises where solid waste is created
or generated shall provide, at a suitable place upon such premises,
sufficient receptacles for receiving and holding such solid waste
during the intervals between collections. Solid waste shall be stored
in watertight, tightly covered cans, containers, plastic bags or in
a manner acceptable to the Director of Public Works. The standard
unit of collection for household solid waste shall be twenty- and
thirty-gallon containers. Each receptacle shall not weigh more than
75 pounds when full. Containers shall be maintained in good condition
free of holes and fissures and shall be equipped with securely fitting
covers.
(1)Â
All cartons must be collapsed and tied in bundles
weighing not more than 50 pounds. No dimension shall be in excess
of three feet in length and not in excess of two feet in diameter.
(2)Â
Tree trimmings and brush shall be tied in bundles
of not over four feet in length, capable of being handled by one man.
No loose material will be collected by the Town.
B.Â
All refuse containers shall be maintained by the owners
thereof and promptly replaced when no longer fit for use. Containers
not conforming to the requirements set forth by this chapter and deemed
a sanitary or accident hazard, as determined by the Director of Health
or his duly authorized agents, may be confiscated by the Town and
disposed of, without compensation to the owner.
C.Â
The property owner or the person served shall have
the refuse receptacles or containers placed as near to the curbline
as is practicable before the hour of 7:00 a.m. on days on which collections
will be made; provided, however, that refuse containers or receptacles
may be so placed for collection on the evening preceding the date
on which collections will be made in any residential area of the Town.
Collection from households served shall not begin before 7:00 a.m.
Collection schedules and methods of collection shall be as determined
by the Director of Public Works, and appropriate notification of the
same shall be given by the Director of Public Works to citizens of
the Town.
D.Â
Every agent, officer or employee of the Town engaged
in the work of collection and removing refuse from private properties
shall in no way interfere with, disturb, break, destroy, handle, take
or use any article or substance or trespass upon any property of the
householders, except insofar as the requirement of such collection
shall warrant such handling, taking or using of the cans or receptacles
containing ashes or noncombustible rubbish material. No employee of
the Town shall remove or dispose of, for the employee's individual
use or benefit, any of the contents of any can or receptacle used
for the collection, removal or disposal of refuse.
E.Â
It shall be unlawful for anyone, other than the tenants
or occupants of the premises on which refuse containers are stored
or the regularly authorized agents, employees or licensees of the
Town, to disturb any refuse containers or to remove their covers or
any of the contents thereof or to cause such refuse containers or
their contents to be strewn or scattered on the lawns, sidewalks or
streets.
A.Â
Containers required.
(1)Â
No person shall place any solid waste in any street,
alley or other public place, or upon any private property, whether
owned by such person or not, within the Town except in proper containers,
or otherwise properly prepared for collection, unless with express
approval granted by the Director of Public Works. No person shall
throw or deposit any solid waste in any stream, sewer or other body
of water.
(2)Â
Any uncontainerized accumulation of solid waste on
any premises is hereby declared to be a nuisance and is prohibited.
Failure to remove any accumulation of solid waste within five days
after written notice to remove the same shall be deemed a violation
of this chapter.
B.Â
No person shall cast, place, sweep or deposit anywhere
within the Town any solid waste in such a manner that it may be carried
or deposited by the elements upon or in any street, sidewalk, alley
or other public place or into any occupied premises.
C.Â
It shall be unlawful for any person, firm or corporation
to place hazardous wastes or similarly dangerous substances, as determined
by the Director of Public Works, into any refuse container or to transport
any such substance to the solid waste disposal facility.
D.Â
No person shall deposit any solid waste in any Town
receptacle in a Town park which has been brought from any area outside
said Town park. This provision shall not prohibit the disposal of
garbage, rubbish or waste created by activities in said park, such
as by the consumption of food.
E.Â
The removal of wearing apparel, bedding or other refuse
from homes or other places where highly infectious or contagious diseases
have prevailed shall be performed under the supervision and direction
of the Director of Health. Such refuse shall not be placed in containers
for regular collection with the normal production.
F.Â
No person shall trespass upon any land used by the
Town for the dumping or transfer of refuse for the purpose of scavenging.
G.Â
No person shall transport garbage, refuse or rubbish
originating outside the Town to within the Town for purposes of disposal
or transfer except with approval of the Director of Public Works.
H.Â
The burning of acceptable solid waste or other waste
is prohibited, except as approved by the Director of Public Works.
A.Â
Authority; license required.
(1)Â
The Director of Health shall be the licensing and
registration authority for all solid waste collectors, vehicles and
refuse containers operating within the Town.
(2)Â
It shall be unlawful for any person to collect or
remove solid waste in the Town or to transport the same upon or through
any street or public place of the Town unless such person is an employee
or agent of the Town assigned to such work, has been granted a license
by the Director of Health to do so, is the employee of a person who
has been so licensed or is the actual producer of such refuse within
the Town or his employee, then and there engaged in transporting the
same from the premises where produced to any area where public disposal
is permitted.
B.Â
It shall be unlawful for any employee of the actual
producer of any solid waste to collect, remove or transport such waste
for more than one actual producer thereof, or for such employee or
any producer to combine or commingle within the Town the waste of
more than one producer, or for any person to act as the employee of
more than one producer for the purpose of collecting, removing or
transporting such waste upon or through any street or public place
of the Town unless such person has been granted a license by the Director
of Health.
C.Â
Each licensed solid waste collector shall obtain a
separate registration for each vehicle he operates within the Town.
Registrations shall not be transferable from vehicle to vehicle; provided,
however, that the Director of Public Works may allow such temporary
transfer of registrations in hardship situations, such as a temporary
breakdown of an individually licensed vehicle.
Any person permitted by this chapter to collect,
remove or transport solid waste over the streets of the Town shall
use containers or vehicles provided with tight covers and so constructed
and operated as to prevent offensive odors escaping therefrom and
refuse from being blown, dropped, spilled or leaked therefrom. Any
solid waste collected by a collector shall be delivered to an approved
facility on the same day as it is placed in the vehicle.
A.Â
The Director of Health shall establish and recommend
license, registration and disposal fees for the privilege of engaging
in the business of collecting or removing solid wastes in the Town,
of transporting the same through the streets or public places of the
Town and of disposing of or depositing the same at the Town's solid
waste disposal facilities, which fees shall be approved by the Town
Council.
B.Â
Prior to the issuance of any license and the collection
of any license, registration or use fees, the Director of Health shall
determine that the proposed licensed operation will:
C.Â
The Directors of Health and Public Works shall establish
such rules and regulations as are appropriate for the administration
of the provisions of this section.
A.Â
Applications for licenses, renewals of licenses and
vehicle registration under this chapter shall be submitted in writing
to the Director of Health. Each application shall contain the following
information:
(1)Â
The name and address of the applicant. If the applicant
is a proprietorship firm or partnership, the names of all owners or
partners shall be listed; if the applicant is a corporation, the names
and titles of each of the officers shall be listed.
(2)Â
The purpose for which the license is sought.
(3)Â
The area within which the applicant wishes to collect
or transport solid waste.
(4)Â
The number, kind and capacity of the vehicles and
other equipment to be used for such purposes, together with their
license plate numbers.
B.Â
Each application shall be accompanied by the deposit
of the license and registration fee required by the provisions of
this chapter. If the application complies with the provisions of this
chapter, the Director of Health shall grant said license and, as a
condition of granting the requested license and/or registration, may
impose such other conditions as he may deem to be in the best interests
of the public health and welfare. If a license is not issued, the
fee shall be returned to the applicant.
C.Â
No application for a license by a private collector
shall be accepted unless accompanied by a statement acknowledging
and authorizing Town inspection of any load delivered under this chapter.
D.Â
The term for each such license shall be one year from
its issuance.
A.Â
Every license granted by the Director of Health under
this chapter shall cover the following matters:
(1)Â
The name and address of the person to whom the license
is issued.
(2)Â
The area within which the person to whom the license
is issued may render collection services.
(3)Â
The nature of the collection services which are authorized.
(4)Â
The term for which the license is granted.
(5)Â
A description, including the license plate numbers,
of each vehicle to be registered under the license.
(6)Â
Such other conditions as the Director of Health may
establish.
B.Â
The Director of Health shall issue to each licensed
person one sticker for each registered vehicle covered by the application,
each of which vehicles shall thereafter display such sticker as long
as the license or registration is in force.
No license granted by the Director of Health
under this chapter or any interest therein, shall be given, sold,
assigned, mortgaged or otherwise transferred without the prior written
consent of the Director of Health.
[Amended 3-12-2007 by Ord. No. 06-23; 3-11-2019 by Ord. No. 19-01]
A.Â
Any license granted by the Director of Health under this chapter may be suspended or revoked by the Director of Health if the Director of Health finds and determines that the licensee has failed to comply with any of the terms of such license or of Chapter 182 of the Code of the Town of Stratford or rules and regulations duly promulgated hereunder, or fails to render satisfactory collection services. The provisions of this chapter shall be enforced by citation issued by the Director of Health or his duly authorized agent after a hearing as specified below. Before issuing any citation or notice of proposed suspension or revocation, as specified below, the Director of Health or his agent shall first issue a written warning providing notice of the specific violation in accordance with Section 7-148(c)(10)(A) of the Connecticut General Statutes.
B.Â
Revocations and suspensions shall become effective only after a public
hearing. The Director of Health shall send a written notice of proposed
suspension or revocation to said collector, stating the reasons for
such action. The Mayor or his designee(s) shall, within 15 days of
the date of such written notice, hear and decide the matter. Such
hearing shall be held in public session. The collector, the Director
of Health and other persons invited by either of them or by the Mayor
or his designee(s) may appear and present such testimony and evidence
as they may wish. The Mayor or his designee(s) may revoke the license,
suspend the license for a time certain, decline to revoke or suspend
the license or make such other determination as may be appropriate
in the circumstances.
C.Â
The decision of the Mayor or his/her designee(s) shall be final and
binding upon the collector. No application for a license revoked under
this chapter shall be accepted for a period of one year from the date
of the Mayor's or his/her designee(s) action.
D.Â
Notwithstanding anything to the contrary herein, the Director of
Public Works shall have power to refuse permission to a collector
to use the designated solid waste disposal facility when, in his opinion,
such collector has violated this chapter or any applicable rule or
regulation.
E.Â
The Directors of Health and Public Works shall have the authority
to make such other reasonable rules and regulations concerning collection,
transportation and disposal of refuse as they shall deem necessary,
which shall take effect no less than three days after posting at the
Department of Public Works Offices and at all designated solid waste
disposal facilities.
F.Â
Any person violating any of the provisions of this chapter shall
be deemed guilty of a violation and shall be fined in the amount of
$1,000 per violation, unless the said violation is one for which a
higher penalty is prescribed under the Connecticut General Statutes,
in which case the higher penalty shall prevail. Said fine shall be
in addition to any revocation of license as specified above. Additionally,
each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punished as such hereunder.
It shall be the duty of the Mayor or his/her designee to enforce the
provisions of this chapter of the code.
A.Â
Stratford residents undertaking do-it-yourself repairs
or renovations to their principal residences located with the Town
of Stratford may apply to the Director of Public Works for a special
transfer station permit for acceptable waste resulting from such renovation
or repairs.
B.Â
Such special permits shall be issued by the Director
of Public Works on proof satisfactory to such Director that:
C.Â
Each such special permit shall be issued only to an
applicant who displays a current, valid Connecticut motor vehicle
operator's license showing that the applicant resides within the Town
of Stratford.
D.Â
Each such special permit shall display the property
address which is the source of the material and the registration number
of the vehicle to which it is issued, and it shall expire at 12:00
midnight on a date 30 days from its date of issue.
E.Â
There shall be no charge for such special permits.