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(A) The accumulation, collection, removal and disposal of refuse must be controlled by the town for the protection of the public health, safety and welfare.
(B) It is consequently found and declared that:
(1) The town is authorized by law to provide for or regulate the collection and disposal of refuse;
(2) The State of Connecticut requires towns to recycle. Items that are designated (i.e. mandated) for recycling are included in § 51.16.
(3) The town has a substantial interest in and responsibility for protecting the health and safety of its inhabitants by regulating the collection and disposal of such refuse;
(4) The expense of such regulation is substantial and can best be borne, in the case of commercial, industrial and condominium owners, by those owners and by the refuse collectors who service them; and
(5) The enactment of this subchapter is in furtherance of the town’s approved solid waste management plan.
(6) The town has executed a municipal solid waste management services contract with 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 Wheelabrator agreement), and designates the SCRRRA Facility as the “Facility” within the 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.
(Ord. effective 8-15-1995; Ord. passed 2-22-1996; Ord. effective 10-15-1997; Ord. passed 3-1-1998; Ord. passed 6-3-2020; Ord. passed 9-7-2022)
Editor’s note:
TM Volume 21, page 44; TM Volume 21, page 197; TM Volume 21, page 425; TM Volume 21, page 485
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BULKY WASTES. Noncombustible construction debris, and oversized bulky items which can’t fit into a regular town size trash receptacle with the lid closed.
COMMERCIAL FOOD REFUSE. Includes waste from the preparation, cooking and consumption of food, condemned food products and all refuse from the handling, storage, preparation and sale of produce originating primarily in commercial kitchens, stores, restaurants, food markets and factories.
DEPARTMENT. The East Lyme Highway and Sanitation Department.
DIRECTOR. The Director of Public Works of the town.
HAZARDOUS WASTES. Solid and liquid wastes in the following classifications:
(1) Explosives;
(2) Pathogenic or pathological wastes;
(3) Corrosive or toxic wastes;
(4) Radioactive wastes; and
(5) Medical wastes.
RECYCLABLE MATERIALS. Materials which have been so designated by the Director or by a regulation of the Board of Selectmen.
REFUSE. Unwanted and discarded solid materials, but does not include:
(1) Liquid wastes including, but not limited to, semisolid, liquid materials collected in a municipal sewage system or a septic system;
(2) Bulky wastes;
(3) Household hazardous wastes;
(4) Any other material which may not be lawfully disposed of (in a sanitary landfill or a resources recovery facility; or
(5) Recyclable materials.
REFUSE COLLECTORS. Includes any person, firm or corporation engaged in the business of collecting and transporting refuse, including recyclable materials, for hire within the town.
TOWN. The Town of East Lyme.
(Ord. effective 8-15-1995; Ord. passed 2-22-1996; Ord. effective 10-15-1997; Ord. passed 3-1-1998; Ord. passed 9-7-2022)
Editor’s note:
TM Volume 21, page 44; TM Volume 21, page 197; TM Volume 21, page 425; TM Volume 21, page 485
(A) All refuse accumulated in the town shall be collected, conveyed and disposed of by the town or by persons licensed by the town in accordance with § 51.11 to perform such work.
(B) No other person shall collect, convey over any street or dispose of any refuse in the town, except that occupants of premises in the town upon which refuse has accumulated may personally collect, convey and dispose of such refuse at such place or places as the Board of Selectmen or the Director may from time to time designate, subject to the obtaining of a private permit in accordance with § 51.11. No refuse which was not generated within the town shall be disposed of in any such place.
(Ord. effective 8-15-1995; Ord. passed 2-22-1996; Ord. effective 10-15-1997; Ord. passed 3-1-1998; Ord. passed 9-7-2022) Penalty, see § 51.99
Editor’s note:
TM Volume 21, page 44; TM Volume 21, page 197; TM Volume 21, page 425; TM Volume 21, page 485
(A) Provision for containers. Only cans provided by the Department will be picked up as part of town curbside garbage and recycling collection. The town started collection with trucks with automated arms back in the early 2000's. At that time, all residents were required to purchase a garbage can and the town provided a recycling can free of charge. Those original cans are now beyond their warranty. It is the responsibility of the property owner to keep their cans in acceptable condition. Unless the Department damages the can and/or drops it into the hopper of the truck, the resident or business shall be responsible for the cost of replacing a damaged can. If a resident and/or business desires to replace a damaged can, one has gone missing, or wants an additional can, they must request one from the Department and pay the going rate for the can at that time. The Department may put a limitation on the number of garbage and recycling cans that each business or residence may have as part of the curbside collection.
(B) Stolen cans. The Department is not responsible if a can is stolen. All cans have a serial number in white letters on the front of the can, so it is the responsibility of the property owner to keep track of the serial number to better track their cans.
(C) Containers for commercial food refuse. Commercial food refuse containers may be large-covered containers designed to be mechanically emptied into a refuse truck where collection is to be by a refuse collector.
(D) Loose materials. The town shall not be obligated to collect any loose materials as part of its curbside collection service.
(E) Containers not conforming to the above requirements. Containers not conforming to the above requirements, or which may be a travel or health hazard or nuisance will not be emptied.
(Ord. effective 8-15-1995; Ord. passed 2-22-1996; Ord. effective 10-15-1997; Ord. passed 3-1-1998; Ord. passed 9-7-2022) Penalty, see § 51.99
Editor’s note:
TM Volume 21, page 44; TM Volume 21, page 197; TM Volume 21, page 425; TM Volume 21, page 485
(A) Timing to place cans out and take them in. The property owner shall see that the cans are placed at the side of the nearest public road, or in the case of privately-owned property where the town by agreement makes collections, at the side of a private road or driveway designated by the Director, not earlier than 12 hours before the scheduled time of collection for said road or driveway nor later than 7:00 a.m. on the scheduled collection day. The collection schedule will be posted on the town’s website. The cans shall be placed in such a manner that they do not constitute a travel or health hazard or nuisance, and after the cans have been emptied, they shall be removed from the side of said road or driveway within 12 hours after the material therein has been collected. If the cans are not out at the time the truck passes the property, the Department can’t guarantee that the truck can come back until the next regularly scheduled visit. Residents can bring their garbage and recycling to the town’s transfer station free of charge during the transfer station’s regular hours.
(B) Recycling materials collected. Only approved recycling materials can go in the recycling cans. A listing of what is allowed in the recycling can is on the Public Works section of the town website.
(C) Can inspections. The Department inspects garbage and recycling cans on a regular basis. If non-recycling materials are found in the recycling can and/or yard waste or bulky items are overflowing from a garbage can, the can will be flagged to not be picked up and a form will be taped to the can advising the property owner why the can has not been picked up. The offending items must be removed before the can will be picked up.
(D) Spacing of cans. All cans must be placed approximately four feet from any other object (another can, a car, utility pole, wall, etc.), as the automated arms of the garbage trucks need clearance to pick up the can. If the driver can’t pick up the can for this reason, the Department can’t guarantee that the truck can come back until the next regularly scheduled visit.
(E) All refuse collected or transported within the town shall be carried in tightly-covered vehicles, or in tightly-covered containers in or on such vehicles. Any refuse which is collected or transported in open top vehicles shall be suitably covered so as to prevent scattering litter upon the streets. All vehicles used for the collection or transportation of refuse within the town shall be subject to the approval of the Director or the Board of Selectmen.
(Ord. effective 8-15-1995; Ord. passed 2-22-1996; Ord. effective 10-15-1997; Ord. passed 3-1-1998; Ord. passed 9-7-2022)
Editor’s note:
TM Volume 21, page 44; TM Volume 21, page 197; TM Volume 21, page 425; TM Volume 21, page 485
(A) Agreement. If the Department has been performing curbside collection on a private road or in locations other than on town approved roads, then it will continue collecting in these locations provided the Department has received a signed agreement including the following;
(1) The owner of the private road and/or property has given written permission for the town to enter onto that private property;
(2) If there are ever any changes to the ownership of the private road or property, it is the responsibility of the current owner to let the town know in writing;
(3) Any particular requirements for that specific location;
(4) To indemnify and hold the town harmless against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the town and defend suits, actions or proceedings of any kind or nature and indemnify and save harmless the town from and against any and all damages to property or injuries to or death of any person or persons, including property and employees of the town, and shall defend, indemnify and save harmless the town from and against any and all claims, demands, suits, actions or proceedings of any kind or nature or by anyone whomsoever in any case resulting from or arising out of acts or omissions of the owner of the private road and/or property or its agents, employees or subcontractors. Notwithstanding the foregoing, the owner of the private road and/or property shall not be required to indemnify and save harmless the Town of East Lyme from and against damages to property or injuries to persons arising out of the negligence or willful misconduct of the town or their employees or agents; and
(5) To upkeep all the paved areas including plowing and de-icing all the roads and trimming trees that stretch into the paved area when needed. Since the owner is responsible for maintenance of the private road or property, if the Department determines that the roads are not passable, it may refuse to pick up the garbage and/or recycling until the hazard is addressed. This includes a determination that the private road and/or property has not been properly plowed and/or salted, or there are potholes or any other road deficiencies.
(B) Road surface. There must be an acceptable surface course of asphalt on the private road or property.
(C) Ability to turnaround. The Department needs an acceptable area to turn their trucks around. Determination of an acceptable area to turn their trucks around will be made by the Department.
(D) Not expanding this service. The town has no intention of expanding its curbside collection service on private roads and/or private developments that it has been collecting for up to this point.
(E) New private roads and developments. All new private roads and/or private developments failing to meet town road standards as determined by the Town of East Lyme need to provide a private contractor to address their garbage and recycling needs.
(Ord. passed 9-7-2022)
(A) Public places. No person shall place any refuse 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 or under express approval granted by the Director. No person shall throw or deposit any refuse in any stream or other body of water.
(B) Accumulation of refuse. Any uncontained accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any uncontained accumulation of refuse within two days after written notice to remove same shall be deemed a violation of this subchapter.
(C) Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the town any refuse in such a manner that it may be carried or deposited by the elements upon or in any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises. This includes dump trucks that have accidentally dropped construction or other materials from the bed of the truck. If this occurs, it is the responsibility of the person who dropped the debris to clean it up or pay for the clean up.
(D) Hazardous wastes. It shall be unlawful for any person, firm or corporation to place hazardous wastes or similarly dangerous substances into any refuse container other than one specifically designated for such a purpose.
(Ord. effective 8-15-1995; Ord. passed 2-22-1996; Ord. effective 10-15-1997; Ord. passed 3-1-1998; Ord. passed 9-7-2022) Penalty, see § 51.99
Editor’s note:
TM Volume 21, page 44; TM Volume 21, page 197; TM Volume 21, page 425; TM Volume 21, page 485
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