Chapter 198 SOLID WASTE
Total Page:16
File Type:pdf, Size:1020Kb
Chapter 198 SOLID WASTE § 198-1. Declaration of policy. The accumulation, collection, removal, and disposal of solid wastes must be controlled by the Town for the protection of the public health, safety, and welfare. It is consequently found and declared that: A. The Town is authorized by law to regulate the disposition of solid wastes generated within its boundaries, to collect a charge therefor, and to license solid waste collectors; B. The Town is also authorized by Connecticut General Statutes § 22a-220a to designate the area where solid wastes generated within its boundaries shall be disposed; C. The Town has executed a municipal solid waste management services contract with the Southeastern Connecticut Regional Resources Recovery Authority (SCRRRA); including an Amendment No. 5 to such Municipal Solid Waste Management Services contract (collectively with such Amendment No. 5, the MSA). The MSA defines the System (the SCRRRA System) to include the solid waste disposal and resource recovery facility located in Lisbon, Connecticut and operated by Wheelabrator Lisbon Inc. or its successors or assigns (the SCRRRA Facility) pursuant to a Solid Waste Disposal Agreement between SCRRRA and Wheelabrator Lisbon Inc. (the Wheelabarator Agreement), and designates the SCRRRA Facility as the “Facility” within SCRRRA System. Pursuant to the MSA, the Town has agreed to deliver or cause to be delivered all Solid Waste (as defined in the MSA) generated within the corporate boundaries of the Town to the SCRRRA System as directed by SCRRRA for ultimate delivery to the SCRRRA Facility for disposal, subject to and in accordance with the Wheelabrator Agreement. D. The Town seeks to encourage the recycling of appropriate solid wastes and other methods to reduce the volume of solid waste generated within its boundaries; and E. The enactment of this chapter is in furtherance of the Town's Solid Waste Management Plan. § 198-2. Applicability. Except as otherwise provided by any applicable state laws or regulations, this chapter shall apply to all solid wastes accumulated, collected, removed, and disposed of within the territorial limits of the Town of Griswold. In addition, no person may bring into the Town for storage or disposal any solid wastes generated outside the territorial limits of the Town. § 198-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: BULKY WASTE — Land-clearing debris and waste resulting directly from demolition activities, other than clean fill COMMERCIAL FOOD SOLID WASTE — Wastes from the preparation, 198:1 § 198-3 SOLID WASTE § 198-3 cooking and consumption of food; condemned food products; and all solid waste that is produced by the handling, storage, preparation and sale of produce and that originates primarily in commercial kitchens, stores, restaurants, food markets and factories. CONSTRUCTION AND DEMOLITION WASTE — The waste building materials or packaging resulting from construction, remodeling, repair or demolition operations on houses, commercial buildings, and other structures, excluding asbestos, clean fill as defined in regulations adopted under § 22a-209 of the Connecticut General Statutes, or solid waste greater than de minimis quantities, as determined by the Commissioner of Environmental Protection, of radioactive material regulated pursuant to § 22a-148 of the Connecticut General Statutes, hazardous waste as defined in § 22a-115 of the Connecticut General Statutes, and liquid and semiliquid materials, including but not limited to adhesives, paints, coatings, sealants, preservatives, strippers, cleaning agents, oils and tars. HAZARDOUS WASTE — Any wastes defined as hazardous wastes in § 22a-115 of the Connecticut General Statutes, including but not limited to explosives; pathogenic or pathological wastes; radioactive wastes; cleaning fluids, acids, poisons, medicines or other chemical wastes which either create an immediate safety hazard to persons disposing of the waste or which by virtue of their chemistry and/or the method of disposal present a threat to the quality of ground/surface waters; and hospital operating room wastes. LAND-CLEARING DEBRIS — Trees, stumps, branches, or other wood generated from clearing land for commercial or residential development, road construction, routine landscaping, agricultural land clearing, storms, or natural disasters. PERSON — An individual person, partnership, association, company, corporation, limited liability partnership, limited liability company, or other legal entity. PROCESSED CONSTRUCTION AND DEMOLITION WOOD — The wood portion of construction and demolition waste that has been sorted to remove plastics, plaster, gypsum wallboard, asbestos, asphalt shingles, regulated wood fuel, as defined in § 22a-209a of the Connecticut General Statutes, and wood which contains creosote or to which pesticides have been applied or which contains hazardous waste. RECYCLABLE MATERIALS — Materials designated for recycling by the Commissioner of Environmental Protection pursuant to § 22a-241b of the Connecticut General Statutes, and any other materials that have been so designated by the Superintendent, as approved by the Board of Selectmen. SOLID WASTE — Unwanted or discarded solid, liquid, semisolid or contained gaseous material, including, but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and 198:2 § 198-3 SOLID WASTE § 198-5 sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility. SOLID WASTE COLLECTOR — Any person who or which is held out for hire to collect solid waste. SUPERINTENDENT — The Superintendent of Public Works of the Town. TOWN — The Town of Griswold, Connecticut. § 198-4. Regulations. The Board of Selectmen is hereby authorized to enact from time to time such regulations, consistent with this chapter, as it shall deem in the public interest and as may be allowed by the Connecticut General Statutes regarding the separation, recovery, collection, removal, storage, preparation, and disposition of solid waste and recyclable materials, including but not limited to any applicable fees and fine Such regulations shall become effective immediately upon passage, shall be published immediately after passage in a local daily newspaper, and shall be immediately posted in a conspicuous place in the Town Hall and at disposal sites, designated as such by the Superintendent, that are within the Town. § 198-5. Licensing and regulation of solid waste collectors. A. License required. No person may collect or dispose of solid wastes generated in the Town without a license, except that the actual producers of solid waste or the owners of premises in the Town upon which solid waste has accumulated may personally collect and dispose of such solid wastes at such places as the Superintendent may designate. B. Licensing authority designated. The Superintendent shall be the licensing authority for solid waste collectors. The Superintendent shall grant a license within a reasonable time following the filing of proper application and payment of the prescribed fee unless he or she finds one or more of the following conditions to prevail: (1) The applicant has been irresponsible in conduct of solid collection or hauling operations based upon previous suspensions and/or revocations of licenses or based upon violation of any regulations enacted by the Board of Selectmen. (2) The applicant lacks suitable equipment with which to collect solid waste in a safe and nuisance-free manner and in compliance with this chapter. (3) The applicant lacks adequate liability insurance. C. Revocation or suspension of license. A license to engage in solid waste collection and to use any waste disposal or processing facilities provided by the Town is a privilege, not a right. Failure to comply with the provisions of any license issued under the provisions of this chapter may result in revocation and/or suspension of the license in addition to any other penalty imposed by law. D. Superintendent's responsibilities. The Superintendent shall administer the licensing of any solid waste collector engaged in the collecting and transporting of solid waste in the Town. The Superintendent shall also 198:3 E. § 198-5 GRISWOLD CODE § 198-7 regulate the solid waste collectors' responsibilities and obligations in the disposal of any solid waste generated in the Town. The Superintendent shall regulate solid waste collectors in accordance with § 22a-220a of the Connecticut General Statutes. F. Covered vehicles required. Solid waste collectors shall use only covered vehicles for the collection and transportation of all solid wastes. No vehicle transporting solid waste to any Town facility shall be allowed entry into the facility unless it is covered. Vehicles that are designed specifically for the collection and transportation of solid waste shall not be deemed to be uncovered if they are open only at the rear. § 198-6. Solid waste containers. The owner of each premises upon which 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 containers shall be maintained in good condition, free of holes and fissures and shall be equipped with securely fitting covers. Recyclable material containers do not require securely fitting covers. § 198-7.