Chapter 166
SOLID WASTE
[HISTORY: Adopted 8-16-1999 by the
Board of Selectmen of the town of Somers, effective 9-15-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering -- See Ch. 130.
ARTICLE I
Refuse Area; Transfer and Recycling
Center
~ 166-1. Establishment.
The area hitherto established as a town dump and town refuse area or any
other area hereafter so established shall be considered as the Somers Transfer
and Recycling Center as the phrase is used in this article.
~ 166-2. Right to use.
All persons, firms or corporations, and their agents, whose residences
or places of doing business are within the geographic limits of the town shall
be privileged to use the facilities of the Somers Transfer and Recycling Center
for the depositing or dumping of empty cans or bottles, glass, wooden or paper
boxes, crates, stone, ashes, brick, tires and the like, originating in the
town, except that no junk cars or major portions thereof shall be deposited or
dumped. No person, firm or corporation, other than those above designated,
shall enter into or upon the Somers Transfer and Recycling Center or use the
Transfer and Recycling Center for any purpose whatsoever, and no refuse except
refuse originating in the town shall be placed in the Transfer and Recycling
Center.
~ 166-3. Regulations; hours of
operation.
A. All persons, firms and corporations, or
their agents, having the right to use the facilities of the Transfer and
Recycling Center as in this article provided shall abide by and conform to all
the regulations herein provided and/or with all instructions or orders of the
person or persons authorized by the Board of Selectmen of the Town of Somers to
supervise dumping operations within said Transfer and Recycling Center and with
all signs and notices posted at the Transfer and Recycling Center by order of
the Board of Selectmen.
B. No person, firm or corporation, or his
or its agents, shall be permitted to enter upon or use the Transfer and
Recycling Center for dumping or refuse disposal operations except during the
hours specified by notice posted at the gate at the entrance to said Transfer
and Recycling Center.
~ 166-4. Removal of deposited
articles.
No person, firm or corporation, or his or its agents, shall, except by
permission of the Board of Selectmen, remove any article or object which has
been deposited or dumped and left at the Transfer and Recycling Center except
those items left in designated areas.
~ 166-5. Penalties for offenses.
Any person, firm or corporation violating any provision of this article
shall be fined not less than $25 nor more than $1,000 for each offense.
~ 166-6. Amendments.
This article may be amended by the Board of Selectmen, subject to Town
Meeting approval.
ARTICLE II
Recycling
~ 166-7. Legislative findings.
A. The growing shortage of acceptable solid
waste landfill sites and the conservation of recyclable material is an
important public concern.
B. The recycling of solid waste materials
will provide a coordinated solid waste management program which will allow for
maximum efficient use of the Transfer and Recycling Center located within the
Town of Somers.
C. The promotion of the public good is best
served by establishing rules and regulations for the separation, recovery,
collection, storing and disposal of recyclable material.
~ 166-8. Program established.
On and after the effective date of this article, it shall be mandatory
for each occupier of land in the Town of Somers to separate all designated
recyclable materials from other solid waste in accordance with the provisions of
this article, as well as any regulations drafted pursuant to this article or
any order of the Board of Selectmen or its designated agent.
~ 166-9. Source separation;
designation of recyclable materials.
A. Each person, business, institution or
other establishment generating solid waste within the town shall separate from
other solid waste, for the purpose of recycling, all items designated for
recycling. Solid waste which contains recyclable materials shall neither be
collected by solid waste collectors nor accepted for disposal at any solid
waste disposal facility in the town.
B. Deliveries of solid waste for disposal
at the Transfer and Recycling Center or other designated town solid waste
disposal facility which contain significant amounts of designated recyclables
shall be refused disposal privileges at that disposal facility and shall be
redirected, with the individual, representative or agent charged with disposal
assuming complete responsibility for proper disposal of the materials, including
any expense for separation of designated recyclables other than at the source.
C. Materials designated as recyclables for
this program shall consist of the following:
(1) Newspaper.
(2) Glass food containers.
(3) Metal food containers.
(4) Cardboard.
(5) Scrap metal.
(6) Car batteries (storage battery).
(7) Waste motor oil.
(8) Leaves.
(9) Office paper (commercial and
institutional establishments).
(10) Brush and logs.
(11) Other recyclable materials as designated
by the Town of Somers 30 days after designation and publication of notice in a
newspaper of general circulation in the area.
(12) Other recyclable materials as now or shall
be mandated to be separated and collected apart from solid and liquid wastes by
the Connecticut General Statutes or regulations of the State of Connecticut.
~ 166-10. Definitions.
For the purpose of this article, the following definitions shall apply:
COLLECTOR
-- Any person, firm, corporation or association who or which holds himself or
itself out for hire to collect or haul solid waste from residential, business,
commercial or other establishments.
COMMERCIAL
AND INDUSTRIAL PROPERTY -- Any property used for trade, business or industrial
purposes, including business condominiums.
HAZARDOUS
WASTE:
A. Any waste material, except by-product
material, source material or special nuclear material, as defined in Section
22a-151 of the Connecticut General Statutes, which may pose a present or
potential hazard to human health or the environment when improperly disposed
of, treated, stored, transported or otherwise managed, including:
(1) Hazardous waste identified in accordance
with Section 3001 of the Federal Resource Conservation and Recovery Act of 1976
(42 U.S.C. ~ 6901 et seq.).
(2) Hazardous waste identified by regulation
by the Department of Environmental Protection.
(3) Polychlorinated biphenyl in
concentrations greater than 50 parts per million.
B. Hazardous waste includes but is not
limited to dangerous or environmentally unsafe materials or substances, such as
cleaning fluids, crankcase oil, oil-base paints, liquid plastics, explosives,
acids, caustics, poisons, drugs, radioactive materials, fine powdery earth used
to filter cleaning fluids and infected materials.
RECYCLABLES
-- Any discarded solid and liquid waste material which is designated by the
Town of Somers to be recyclable as defined herein or such recyclables which by
the Connecticut General Statutes or regulations of the State of Connecticut are
mandated to be separated and collected apart from other solid and liquid
wastes. For purposes of this article, the materials listed below are designated
as "recyclables":
A. NEWSPAPER -- Used or discarded newsprint
which has a minimum of contamination by food and other materials. Newspapers
and newspaper advertisements, supplements, comics and enclosures are included
along with magazines such as Time or Sports Illustrated.
B. LEAVES AND YARD WASTES -- Includes but
is not limited to grass clippings, yard wastes and other vegetative matter,
excluding grass clippings, brush and branches.
C. CARDBOARD -- Corrugated boxes and
similar corrugated and kraft paper materials which have a minimum of
contamination by food or other material. Waxed or plastic-coated cardboard is
excluded.
D. GLASS AND FOOD CONTAINERS -- A glass
bottle or jar of any size or shape used to package food products suitable for
human or animal consumption or household cleaning products which are rinsed
clean, without tops, covers, corks or food remains.
E. METAL FOOD CONTAINERS -- Any aluminum,
bimetal, steel, tin-plated steel or other metallic can, plate or tray of any
size or shape used to package food products suitable for human or animal
consumption which are rinsed clean.
F. SCRAP METAL -- Used or discarded items
which consist predominantly of ferrous metals, aluminum, brass, copper, lead,
aluminum, tin, nickel or alloys thereof, including but not limited to white
goods.
G. STORAGE BATTERIES -- Lead acid batteries
or other batteries used in motor vehicles such as automobiles, airplanes,
boats, recreational vehicles, tractors and like applications. NiCad batteries
are excluded.
H. WASTE OIL -- Crankcase oil that has been
utilized in internal combustion engines and which is to be stored in clean,
leakproof plastic containers with covers or tops and is uncontaminated by other
material.
I. WHITE GOODS -- Stoves, freezers,
refrigerators, dishwashers, air conditioners, washing machines, televisions and
other household appliances or fixtures.
J. BRUSH AND LOGS -- Cut or broken
branches or tree trunks containing no metal objects.
SOLID
WASTE -- Unwanted or discarded materials, more completely defined in Section
22a-260(7) of the Connecticut General Statutes, but excluding hazardous waste
and semisolid or liquid material which is collected and treated in a sewerage
system.
SOLID
WASTE AND RECYCLABLES COLLECTOR -- Any person, firm or corporation offering or
providing the removal, transportation, collection, storage or disposal of solid
waste and recyclables as a service to others.
~ 166-11. Rules and regulations.
The Board of Selectmen of the Town of Somers is hereby authorized to
enact from time to time such reasonable rules and regulations as it shall deem
in the public interest regarding the separation, recovery, collection, removal,
storage and disposal of recyclables, municipal solid waste, bulky waste, brush
and logs. These rules and regulations may include the manner, days and times
and establish and revise a schedule of fees for the collection, sorting,
transportation, sale and/or marketing of recyclable material in order to
encourage the recovery of material resources while minimizing the cost of the
recycling program. Said rules and regulations shall be as mandatory as if set
forth in this article, and violation of said rules and regulations shall be
deemed a violation of this article. These rules and regulations shall become effective
30 days after publication in a daily newspaper having general circulation in
the Town of Somers and shall be immediately posted in a conspicuous place in
the Town Hall.
~ 166-12. Collection methods.
A. Residential. Each resident is required
to collect or arrange to have collected, for recycling purposes, designated
recyclable materials by methods which include but are not limited to the
following:
(1) Self-haul. The town shall maintain a
Transfer and Recycling center for all designated recyclables, municipal solid
waste, bulky waste, brush and logs for the use of residents within the town.
The town shall operate and maintain the Transfer and Recycling Center so as to
provide an opportunity for any town resident to recycle designated recyclables.
(2) Private hauler. Residents may utilize
private collection firms for the collection and recovery of designated
recyclables. For any designated recyclables not collected by private haulers,
residents shall be responsible for delivery of materials to the Transfer and
Recycling Center or other suitable recycling facility.
(3) Multifamily housing. Owners of
multifamily housing units shall be responsible for establishing source
separation methods whereby residents are enabled to comply with mandatory
provisions for source separation. Said owners may be required to submit for Board
of Selectmen approval a plan indicating the type, location, number and method
of containers for each recyclable. The Selectmen may provide that failure to
have an approved plan shall be deemed a violation of this article.
B. Commercial and institutional. Each
business, commercial establishment, institution or other nonresidential
establishment in the town shall arrange to have designated recyclable materials
collected and recycled or to separate and collect recyclables directly and
assure that materials are recycled. Owners of such establishments shall be
responsible for compliance with mandatory provisions for source separation and
for collection of materials.
~ 166-13. Unauthorized collection.
No person, firm or corporation shall engage in the business of
separation, recovery, collection, removal, storage or disposal of solid waste
within the Town of Somers, except as specifically authorized by the Board of
Selectmen. This restriction shall also include any independent citizen,
resident, taxpayer or person who might engage in such practice for personal
gain. Each unauthorized collection shall be considered a separate and distinct
offense punishable as hereinafter provided.
~ 166-14. Permits.
A. It shall be unlawful for any person,
firm or corporation to act as a solid waste or recyclable collector within the
Town of Somers without first having obtained a permit as hereinafter provided
for each vehicle to be used within the town for the removal, transportation or
collection of solid waste.
B. The Selectmen shall enact regulations
establishing a permit application procedure which shall provide for the payment
of a fee for each permit and shall establish a procedure for the revocation and
suspension of permits.
~ 166-15. Reports by solid waste
collectors.
Each collector of solid waste within the town shall make reports and
comply with Public Act 90-220[2] as stated therein. Such reports
shall be to the First Selectman and shall notify him of those persons, firms or
corporations that have discarded recyclable material commingled with other
solid waste in addition to such other matters as are required by said Public
Act to be reported.
~ 166-16. Disposition of recyclable
materials.
A. Residential.
(1) The town shall have the option to
maintain control of recycled materials collected from all residential
establishments located within the town, whether collected by the town at the
Transfer and Recycling Center or whether collected by a person, agent, firm or
company under permit with the town.
(2) The town may, by exercising its option
to maintain control of recycled materials collected from all residential
establishments located within the town, delegate responsibility for disposition
of collected recyclables to any private firm or agent under this article or a
regulation promulgated hereunder.
B. Commercial and institutional. Except as
otherwise approved by the Board of Selectmen, private firms providing recycling
collection for nonresidential locations within the town shall not bring
collected recyclables to the Transfer and Recycling Center but shall deliver
the materials, or arrange to have the materials delivered, to a location for
recovery.
~ 166-17. Enforcement.
A. The Board of Selectmen may enact
regulations to aid and ensure the enforcement of this article. These
regulations may include provisions whereby town employees and/or their
representatives are authorized to deny use of the Transfer and Recycling Center
to residents for disposal if loads of solid waste include significant
quantities of recyclables.
B. These regulations may also include
provisions for the detection of noncompliance by residents who have contracted
for solid waste collection with private collectors and by
commercial/institutional collections. Regulations imposing fines for such
noncompliance are hereby specifically authorized.
~ 166-18. Unlawful acts; penalties
for offenses.
A. It shall be unlawful to combine
recyclable material or hazardous wastes with solid waste. Solid waste which has
recyclable material commingled with it shall not be collected, and recyclable
material that has solid waste commingled with it shall not be collected.
B. It shall be the responsibility of the
resident to properly segregate the uncollected waste and either store or
dispose of it.
C. Allowing solid waste to accumulate shall
subject a resident to a citation for violation of the Town Sanitary Code.
D. Failure to recycle is a violation of
this article.
E. No person or corporation shall
separate, recover, collect, remove, store or dispose of recyclable material
within the Town of Somers, except as specifically authorized by the Town of Somers
or the provisions of this article.
F. No person, partnership, firm or
corporation other than the authorized agents of the town or employees of the
town acting in the course of their employment shall collect or pick up or cause
to be collected or picked up such recyclable material. Each and every such
collection or pickup in violation of this subsection shall constitute a
separate and distinct offense.
G. No such hauler or collector shall
knowingly mix recyclable material with other solid waste.
H. Any waste hauler or collector who
violates this article shall be subject to the penalties provided herein as well
as those penalties provided by the Connecticut General Statutes.
I. Any person, firm or corporation found
guilty of a violation of any provision of this article or any of the rules and
regulations promulgated pursuant hereto shall be guilty of an infraction and
shall be fined a sum not less than $25 nor more than $1,000. This article and
the regulations pursuant thereto may be enforced by police officers assigned to
Somers or other town officials who may be authorized to issue citations.
J. In addition to any other penalty
provided herein, occupants of business and industrial property that is
considered a commercial establishment under the provisions of Public Acts
90-249 and 90-220[3] shall, for violation of this
article, be subject to a penalty not to exceed $1,000 for each violation as
provided in said Public Acts.
[3]Editor's
Note: See Section 22a-241i of the Connecticut General Statutes.