Proposed Ordinance 2015-3
Chapter 193, entitled “Solid Waste” shall be amended as follows:
Additions are in bold. Deletions are in brackets and highlighted in yellow.
Chapter 193
[SOLID WASTE]
SOLID/HAZARDOUS WASTE AND RECYCLING
§ 193.1. Establishment of Solid/Hazardous Waste Recycling Committee
ARTICLE I
Transportation of Refuse
[§ 193-1. Transport prohibited.]
§ 193-2. Refuse from other locations;
Permit.
§ 193-3. Violation and penalties.
ARTICLE II
Residential Refuse and Bulky Waste
Collection
§ 193-4. [Declaration of policy] Purpose.
§ 193-5. Definitions.
§ 193-6. Hazardous Waste and
unacceptable materials.
§ 193-7. Collection requirements and
limits.
§ 193-8. Cost of collection.
§ 193-9. Establishment of additional
rules and regulations.
ARTICLE III
Recycling
§ 193-10. Purpose.
§ 193-11. Definitions.
§ 193-12. Mandatory separation of recyclables
from refuse.
§ 193-13. Disposition of recyclables.
§ 193-14. Recommendations and
amendments to regulations.
§193-15. Collection costs.
§193-16. Violations and penalties;
enforcement
[HISTORY: Article I adopted by the Board of Selectman (now Town Council) of the Town of North
Branford as indicated in article history. Subsequent articles adopted by the Town Council of the
Town of North Branford as indicated in article histories. Amendments noted where applicable.]
§ 193-1.
Establishment of
Solid/Hazardous Waste and Recycling Committee
There is hereby established the Solid/Hazardous Waste and Recycling Committee, an
advisory committee to the Town Council of the Town of North Branford. The committee
shall consist of nine (9) members and three (3) alternates, to be appointed by the Mayor
with the approval of the Town Council. Members shall serve two-year terms and may be
reappointed without limit. Members shall be citizens of the Town of North Branford,
except Town officers and employees are also eligible for membership. The
Solid/Hazardous Waste and Recycling Committee shall hold meetings (a majority of the
committee, including the chair, but excluding unfilled seats, shall constitute a quorum),
make studies and recommendations to promote the public safety, health and welfare of
the citizens of North Branford, and the resources and property of the Town of North
Branford, in dealing with solid/hazardous wastes, and to promote the removal from
solid waste items which are recyclable. The Solid/Hazardous Waste and Recycling
Committee shall have such other duties as may be assigned to it by the Town Council of
the Town of North Branford from time to time.
ARTICLE 1
Transportation of Refuse
[Adopted 11-29-1941; amended in its entirety 9-20-2011 by Ord. No. 242]
[§ 193-1. Transport prohibited.
No person shall transport any refuse through the streets or highways of the Town of North
Branford unless the transportation of such material is in watertight and closely covered
receptacles.]
§ 193-2. Refuse from other locations; Permit.
No person shall be permitted to bring any [such material, as enumerated in the § 193-1 of this
article,]wasted or spoiled food or other trash into the Town of North Branford from any other
location for the purpose of feeding the same to pigs or other animals or for any other purposes
without first petitioning the Health Officer [of] for the Town of North Branford for a permit to do
so. Said Health Officer shall make a complete investigation of said petition and shall issue said
permit upon its findings that the petitioner is not creating or maintaining a nuisance injurious to
the public health and welfare. Said permit so issued shall be for the term of one year and shall be
renewed, after its expiration, only upon the filing of a new petition with said Health Officer.
§ 193-3. Violations and penalties.
For the violation of or the failure to comply with this article, the person, partnership, corporation
or association so violating, or failing to comply, shall be fined not more than $100.
ARTICLE II
Residential Refuse and Bulky Waste Collection
[Adopted 9-5-1989 as Ord. No. 162, effective 10-4-1989]
§ 193-4. [Declaration of policy]Purpose. [Amended 9-20-11 by Ord. No. 242]
The Town Council may provide for the collection, removal and disposal of residential refuse in the
Town or in any part or parts thereof for the protection of the public health, safety and welfare.
§ 193-5. Definitions.
As used in this article, the following terms shall have the meanings indicated:
BULKY WASTE - Any item with any one dimension greater than four feet, including but not
limited to tree limbs, rugs, couches, mattresses and box springs, picnic tables, wooden furniture,
household appliances, etc. [Amended 9-20-2011 by Ord. No. 242].
CURB COLLECTION - One (1) collection in a period not to exceed seven days for each unit, with
the containers to be placed at the curb or beside the travel portion of highway, where no curb
exists.
HAZARDOUS WASTE - Waste with properties that make it dangerous or potentially harmful to
human health or the environment.
INDUSTRIAL WASTE – Waste that is generated by businesses from an industrial,
manufacturing, or commercial process.
REFUSE - Garbage, rubbish, bulky waste and organic wastes, and animal offal and carcasses, and
industrial by-products, excluding sewage and human [body] wastes [and], hazardous wastes,
industrial waste, and other unacceptable materials as determined by the Town and
published on its website. [Amended 9-20-2011 by Ord. 242]
§ 193-6. Hazardous Waste and unacceptable materials.
Unacceptable materials shall include hazardous waste and:
A.
Those which have not been prepared or containerized in accordance with the rules and
regulations of the Town of North Branford.
B.
Substances such as petroleum, distillates, oil-based paints, explosives, acids, caustics, poisons
and radioactive materials. [Amended 9-20-2011 by Ord. 242]
C.
Debris or materials resulting from excavation, demolition and/or new construction projects.
D.
[Solid i]Industrial wastes.
E.
Tires, grass clippings, [telephone books,] desktop or personal computer, computer monitor,
portable computer, printer, CRT-based television and non-CRT based television sold to
consumers. [Amended 9-20-2011 by Ord. No. 242]
–
F.
Recyclables, as defined in Article III, Recycling. [Added 10-24-1995 by Ord. No. 195].
§ 193-7. Collection requirements and limits.
A.
There shall be one collection of household refuse each week. There shall be collections of bulky
waste and scrap metal each year at a frequency determined by the Town Council with the pickup
of those items to be scheduled on the same day of the week as the normal refuse pickup for each
residence. All items shall be placed at the curbside by the property owner or occupant.
“Household refuse,” for these purposes, is defined as all household waste and bundled
brush. [Amended 10-24-1995 by Ord. No. 195; 9-20-2011 by Ord. No. 242]
B.
For purpose of this article “residential refuse” shall mean all solid waste within the corporate
limits of the Town of North Branford, inclusive of one-,two- and three-family residential dwelling
units presently existing within the Town and any additional one-, two- and three-family
residential units constructed in the future.
C.
Those areas not included in residential refuse collection for the purpose of this article are:
(1)
Business, industrial and commercial establishments.
(2)
Dwelling units located within apartment or condominium complexes or buildings
containing more than three separate residences, except by written authorization of the
Town.
D.
All refuse accumulated in the Town for the purposes of this article shall be collected, conveyed
and disposed of by the Town or by persons licensed by the Town to perform such work.
E.
Acceptable household refuse and recyclables as defined in § 193-11 (see definitions of
“refuse” and “recyclables”), and bulky waste as defined in § 193-5, shall be placed at the
curbside by the property owner or occupant not more than 24 hours prior to the scheduled
collection time. Acceptable [bulky waste and] scrap metal shall be placed at the curbside by
the property owner or occupant not more than seven days prior to the scheduled
collection time. Unacceptable material shall be removed from the curbside by the property
owner or occupant within 48 hours (two days) of written notice from the Town Manager’s
Office. [Added 11-3-1998 by Ord. 212; amended 9-20-2011 by Ord. No. 242]
§ 193-8. Cost of collection. [Amended 6-4-1991 by Ord. No. 173; 6-16-1992 by Ord. No. 177]
The cost of residential refuse collection shall be part of the tax base for the Town and shall be
incorporated as part of the tax bills.
§ 193-9. Establishment of additional rules and regulations. [Amended 9-20-2011 by Ord. No. 242]
The Town Council may establish rules and regulations necessary to effectively carry out the
purposes of this article and may designate the Town Manager to act in its behalf and for the Town
in order to carry out the provisions of this article.
ARTICLE III
Recycling
[Adopted 11-13-1990 as Ord. No. 167, effective 12-12-1990]
§ 193-10. Purpose. [Amended 9-20-2011 by Ord. No. 242]
The Town Council has found that the conservation of recyclable materials through a
comprehensive system for the separation, storage, collection, removal and disposition of
recyclables is necessary in order to give practical effect to the regulations of the Commissioner of
Energy and Environmental Protection of the State of Connecticut (Sections 22a-241b-1 through 22a241b-4, Mandatory Recycling) and to preserve and protect the health, safety and welfare of the
citizens of the Town of North Branford; therefore, this article is adopted in furtherance of that
purpose. The Town Council’s goal is to provide the opportunity to North Branford residents to
recycle all materials possible, even if those materials are not specifically listed in this article.
§ 193-11. Definitions.
As used in this article, the following words and terms shall have the meanings hereinafter set
forth:
ASEPTIC PACKAGING – Multi-layer, flexible packaging commonly used for juice boxes and other
liquid foods such as soups, broths, tomato sauce, and milk. [Added 9-20-2011 by Ord. No. 242]
BOXBOARD – A lightweight paperboard made from a variety of recovered fibers having sufficient
folding properties and thickness to be used to manufacture folding or set-up boxes. [Added 920-2011 by Ord. 242].
CARDBOARD – Corrugated boxes and similar corrugated and kraft paper materials which have a
minimum of contamination by food or other material.
COLORED LEDGER – Colored bond, rag, or stationery-grade paper. [Added 9-20-2011 by Ord. No. 242]
CONDOMINIUM ASSOCIATION – The general association of property owners formed for the
government and management of a residential condominium.
DWELLING OCCUPANT – The owner, tenant or other occupant of a dwelling unit, whether or not in
the same building with other dwelling units.
DWELLING UNIT – Any room or group of rooms located within a building and forming a single,
habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and
eating.
GLASS FOOD CONTAINER – A glass bottle or jar of any size or shape used to package food products
suitable for human or animal consumption.
LEAVES – Foliage of trees.
METAL FOOD CONTAINER – 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.
MULTIFAMILY RESIDENTIAL PREMISES – Any single piece or parcel of land on which is located more
than three dwelling units for rental occupancy.
NEWSPAPER – Used or discarded newsprint which has a minimum of contamination by food or other
material.
NONRESIDENTIAL PREMISES – Premises used for business, trade or professional offices, industry,
churches, schools, nonprofit organizations, farms, government buildings, hospitals and other humane
institutions, orders of fraternal organizations, clubs and places of amusement, entertainment and
recreation.
OFFICE PAPER – Used or discarded high-grade white paper and manila paper, including but not
limited to paper utilized for file folders, tab cards, writing, typing, printing, computer printing and
photocopying, which is suitable for recycling and which has a minimum of contamination. [For the
purposes of this article, “office paper” generated by households is excluded.]
PLASTICS – Plastic containers, food or detergent, that have stamped on [the bottom of] the containers
the symbols No. 1 [or] thru No. [2]7, except for Styrofoam. [Added 10-24-1995 by Ord. No. 196]
RECYCLABLES – Cardboard, glass food containers, aseptic packaging, leaves, metal food
containers, plastics, newspapers, magazines, office paper, residential high-grade white paper,
colored ledger, boxboard, scrap metal, storage batteries and waste oil, as defined herein. [Amended
9-20-2011 by Ord. No. 242]
RECYCLING – means any process by which solid waste or materials which would otherwise
remain solid waste are collected, separated or processed and reused or returned to use in
the form of raw materials or products.
REFUSE – Garbage, rubbish, bulky waste and organic wastes, and animal offal and carcasses, and
industrial by-products, excluding sewage and human [body] wastes [and], hazardous wastes,
industrial waste, and other unacceptable materials as determined by the Town and published
on its website.
RESIDENTIAL CONDOMINIUM – Any group of individually owned dwelling units having
ownership in common of shared facilities organized under the Common Interest Ownership Act of
the State of Connecticut1 or any of the predecessor condominium acts.
1 Editor’s
Note: See C.G.S. § 47-200 et seq.
RESIDENTIAL HIGH-GRADE WHITE PAPER – Used or discarded high-grade white paper and
manila paper, including but not limited to paper utilized for file folders, tab cards, writing, typing,
printing, computer printing and photocopying, which is suitable for recycling and which has a
minimum of contamination. [Added 9-20-2011 by Ord. No. 242]
RESIDENTIAL PREMISES – A one- to three-family house.
SCRAP METAL – Used or discarded items which consist predominantly of ferrous metals,
aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to
[white goods] large appliances [and metal food containers].
STORAGE BATTERY – Lead acid batteries or other batteries used in motor vehicles, such as
automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
TOWN MANAGER – The duly appointed Town Manager of the Town of North Branford or his designee.
WASTE OIL - Crankcase oil that has been utilized in internal combustion engines.
§ 193-12. Mandatory separation of recyclables from refuse.
Each dwelling occupant and each officer, director, department head, manager or other person
having management responsibilities of any occupant of nonresidential premises such as Town
buildings, including schools, shall cause recyclables to be separated from the refuse generated
from such dwelling unit or nonresidential premises and shall further cause recyclables to be
[separated from the different categories of recyclables and] disposed of in accordance with the
provisions of this article.
§ 193-13. Disposition of recyclables. [Amended 10-24-1995 by Ord. 196; 9-20-2011 by Ord. No.
242]
A. The Town Manager may provide at least one location within the Town where [separated]
certain recyclables generated within the Town may be deposited during regularly posted
hours. The Town will provide, as authorized by the Town Council, a weekly pickup of
recyclables required by law, as part of the Town’s weekly recyclable curbside pickup. Glass
and metal food containers, aseptic packaging, cardboard, boxboard, plastics,
newspaper, magazines, office paper, colored ledger, and residential high-grade white
paper shall have a minimum of contamination by food or other material.
B. Curbside collection of certain residential recyclables. The Town Manager shall implement
and maintain a program for the curbside collection of certain recyclables for all
residential premises, as herein defined. Curbside collections shall take place once each week,
unless otherwise authorized by the Town Council.
C. The owner or owners of multifamily residential premises and condominium associations
shall implement a program for the collection and disposition of recyclables at least once
per month, which program shall include, at least once per month, the availability of on-site
containers where dwelling occupants may deposit such recyclables.
D. All recyclables generated within the Town of North Branford shall be properly deposited
within the Town Recycling Center or another lawful recycling or collection facility.
§ 193-14. Recommendations and amendments to regulations.
The Town Manager shall recommend and may, from time to time, [amend] propose reasonable
amendments to regulations for the implementation of the purposes and intents of this article,
including but not limited to the size and type of containers to be used for the collection, storage and
disposition of recyclables, the implementation of residential curbside collection of the recyclables,
as herein set forth, the implementation of a program designed to foster public awareness of the
requirements of this article and such other regulations as he may consider appropriate. Such
regulations and any amendments thereto shall not become effective until 30 days after the same
have been approved by the Town Council.
§ 193-15. Collection costs. [Amended 10-24-1995 by Ord. No. 196]
The cost of residential recycling materials shall be part of the tax base for the Town and shall be
incorporated as part of the tax bills.
§ 193-16. Violations and penalties; enforcement.
A. Any person found guilty of violating any provision of this article shall be fined not more than
$100 in addition to any penalty or remedy provided by law.
B. In addition to the foregoing, the Town Manager shall have general responsibility for the
enforcement of the provisions of this article.
C. Each day of noncompliance shall be considered a separate violation. [Added 9-20-2011 by
Ord. 242]