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(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
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
(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
(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
(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
(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
Occupants of premises in the town must apply to the Director for a permit, to be able to dispose of refuse accumulated on such premises. A permit may be obtained from the Director by applying on such form as the Director shall prescribe. The permit shall be displayed in such manner as the Director shall prescribe. Such permit may be revoked or suspended for the reasons and in the manner prescribed for commercial licenses, and appeals therefrom may be taken in the same manner.
(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
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