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§ 51.04 REFUSE CONTAINERS.
   (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
§ 51.05 REQUIREMENTS FOR COLLECTION.
   (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
§ 51.06 COLLECTION ON PRIVATE ROADS OR IN LOCATIONS OTHER THAN TOWN APPROVED ROADS.
   (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)
§ 51.07 STORING OF REFUSE.
   (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
§ 51.08 BULKY WASTE.
   Bulky waste may not be collected or mixed with refuse and shall be collected and transported as the Board of Selectmen or the Director may from time to time designate, and any applicable charge for disposal at an approved location with the town shall be paid by the person delivering the waste.
(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
§ 51.09 DISPOSAL OF REFUSE.
   (A)   Each refuse collector who disposes of refuse collected within the town at the designated Southeastern Connecticut Regional Resource Recovery Authority Facility (the SCRRRA Facility) shall, except as provided in division (B) below, pay the town promptly when billed a per-ton fee to be set by the Board of Selectmen from time to time.
   (B)   The town may, from time to time, in accordance with procedures set by the Board of Selectmen or the Director, offer for sale to licensed refuse collectors the right to dispose of refuse collected within the town at the SCRRRA Facility at a price and on terms set by the Board of Selectmen.
   (C)   All refuse generated in the town shall be delivered or caused to be delivered to the SCRRRA System for so long as the MSA remains in effect, as directed by SCRRRA and for ultimate delivery to the SCRRRA Facility. To the extent any such refuse is not acceptable for disposal at the SCRRRA Facility, such unacceptable refuse shall be delivered or caused to be delivered to such other facility designated by SCRRRA. After the MSA is no longer in effect, the Board of Selectmen shall designate the facility for the delivery of refuse generated in the town. The person delivering refuse to the SCRRRA Facility or other designated place shall pay any applicable disposal charge. All regulations of the town and any direction or designation by the Board of Selectmen or the Director about the disposal of refuse generated in the town shall be consistent with this division.
(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
§ 51.10 SOURCE SEPARATION AND RECYCLING.
   (A)   Separation of materials; collection. Recyclable materials for which collection service is provided by the town shall be separated from solid waste and placed at the curb or other designated collection place for collection on the days designated by the Director. Recyclable materials for which collection service is not provided by the town shall be separated from solid waste and disposed of at an appropriate facility.
   (B)   Separation at dumpsters. Multi-family dwelling units and each commercial, industrial or other nonresidential entity not utilizing curbside collection shall provide, or shall require its refuse collector to provide separate dumpsters or other collection containers for refuse and for all recyclable material accumulated on the premises. Containers shall be placed immediately adjacent to each other and labeled as to the material intended for each with stenciling in a prominent location.
(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
§ 51.11 LICENSING OF REFUSE COLLECTORS; REGISTRATION OF VEHICLES.
   (A)   Licensing authority designated. The Director shall be the licensing authority for refuse collectors, and the registering authority for vehicles and containers. The Director shall grant a license within a reasonable time following the filing of proper application and payment of the prescribed fee unless the Director finds one or more of the following conditions to prevail:
      (1)   The applicant has been irresponsible in the conduct of refuse collection and hauling operations within the town;
      (2)   The applicant lacks suitable equipment with which to collect refuse in a safe and nuisance-free manner and in compliance with this subchapter; and/or
      (3)   The applicant or the refuse collector to which it is the successor was previously licensed and its license was revoked in accordance with this subchapter.
    (B)   License required. Each refuse collector shall annually, on or before July 1, apply for a license from the Director on such form as the Director shall prescribe to engage in the business of refuse collection in the town.
   (C)   Registration of vehicles, containers. Each licensed refuse collector shall obtain a separate registration for each vehicle it operates within the town. When a vehicle is employed to transport more than one container, each container to be transported shall require a registration. Registrations shall not be transferable from vehicle to vehicle nor container to container; however, the Director may allow such temporary transfer of registrations in hardship situations, such as a temporary breakdown of an individually registered vehicle.
   (D)   License term; fee; renewal. All licenses shall be issued for a term not to exceed one year and shall be renewable on or before July 1 of each year. The license fee shall be established by the Board of Selectmen by regulation from time to time.
   (E)   Display of license. The license issued shall be conspicuously displayed on the left front of the body of each vehicle or container so licensed, or as may be directed.
   (F)   Identification of vehicles and containers. Each licensee shall prominently display at all times on each registered vehicle or container in letters at least four inches in height its name, license number and telephone number.
   (G)   Licenses nontransferable. Licenses are not transferable. When any licensee shall sell, transfer, all or part of its route to any refuse collector not licensed in the town, it shall, at least seven days before the date of sale or transfer, notify the Director, in writing, of its intent to sell and the transferee shall, at the same time, make application for a license to operate in the town.
   (H)   Routes serviced. As a prerequisite to the issuance or renewal of any license, the refuse collector must furnish to the Director the following:
      (1)   A complete list of all stops, container size and frequency of collection;
      (2)   Certificate of insurance; and
      (3)   The current fee as designated by 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) 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
§ 51.12 REFUSAL, REVOCATION OR SUSPENSION OF LICENSE.
   (A)   General. Failure to comply with the provisions of this subchapter or any regulation or directive issued by the Board of Selectmen or the Director pursuant to this subchapter or any such regulation shall be a grounds for refusal, revocation or suspension of a license in addition to any other penalty imposed by this subchapter or any other law.
   (B)   Notice required. Refusal, revocation or suspension shall only become effective five calendar days after receipt of written notice from the Director.
   (C)   Request for review; filing; effect of failure to file. If a refuse collector objects to the Director’s action described in division (B) above to refuse, revoke or suspend its license, it may within five calendar days of receipt of said notice, file a written request for review with the First Selectman. Failure to timely file such request for review shall make the Director’s action final and binding upon the collector.
   (D)   Request for review; effect of timely filing. Timely filing of such request for review shall operate as an automatic stay of the Director’s action.
   (E)   Special Appeals Board; hearing. The First Selectman shall appoint forthwith a Special Appeals Board consisting of two electors of the town and two licensed refuse collectors and a member of the Board of Selectmen, and said Board shall then within 15 days hear and decide the matter. Such hearing shall be private except, however, that such hearing may be public if so requested, in writing, by the refuse collector. The decision of said Board shall be final and binding upon the collector.
   (F)   Names, addresses of customers to be furnished upon revocation or suspension. Whenever a collector’s license is refused, revoked or suspended, it shall furnish the Director within 24 hours the names and addresses of its customers.
(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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