(A) Purpose. There is hereby established a program for the mandatory separation of recyclables from solid waste within the Town of Hamden to comply with the Connecticut General Statutes.
(B) Definitions. All definitions, except those set forth below, shall be the same as those contained in the Solid Waste Ordinance. As used in this section, the words and terms listed in this section shall have the following meanings.
“AGENT.” The person appointed by the Mayor as the municipal agent pursuant this section.
“CARDBOARD.” Corrugated boxes and similar corrugated and kraft paper materials, boxboard (food and beverage boxes) which have a minimum of contamination by food or other material.
“COLLECTOR.” Any person, firm, corporation or the like which engages in the business of collecting and/or removing solid waste within this municipality.
“GLASS FOOD AND BEVERAGE CONTAINERS.” A glass bottle or jar of any size or shape used to package food and beverage products suitable for human or animal consumption.
“GRASS CLIPPINGS.” Banned from disposal (should be left on the lawn, or if necessary, composted).
“LEAVES.” The foliage of trees.
“MATERIAL DESIGNATED FOR RECYCLING OR RECYCLABLE ITEM.” Any item required by division (C)(1) of this section to be separated from solid waste and recycled.
“METAL FOOD AND BEVERAGE CONTAINERS.” An aluminum, bi-metal, steel, tin-plated steel, or other metallic can, plate or tray of any size or shape used to package food or beverage products suitable for human or animal consumption.
“NEWSPAPER.” Used or discarded newsprint and advertising inserts which have a minimum of contamination by food or other material.
“OFFICE PAPER.” Used or discarded high-grade paper, white paper and manila paper including, but not limited to, paper utilized for file folders, tab cards, index cards, post-it notes, writing, typing, printing, computer printing, and photo-copying, construction paper, colored paper/envelopes, junk mail and all other mail including envelopes (windows OK), magazines, catalogs which are suitable for recycling and which has a minimum of contamination. Included also are soft cover books and hard cover books if the cover and binder are removed.
“PERSON.” Any individual, corporation, partnership, association, or other entity or organization of any kind.
“PLASTIC CONTAINERS #1-7.” Any empty and rinsed plastic containers and their lids (not styrofoam, not plastic bags) less than five gallons that have a numbered triangle on the bottom of the container including but not limited to food and beverage containers, shampoo bottles, medicine bottles, laundry detergent containers, cups, and the like.
“RECYCLER.” Any individual, corporation, partnership, association, or other entity or organization of any kind engaged in the business of recycling.
“RESIDENTIAL.” Any dwelling unit contained in a building containing six or fewer such units, provided such building has no units not designated for use as a dwelling. Any dwelling unit contained in a common interest community of more than six units shall not be considered residential.
“SOLID WASTE ORDINANCE.” The Solid Waste Ordinance of this municipality.
“STORAGE BATTERY.” Lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors, and like applications.
“WASTE OIL.” Crankcase oil that has been utilized in internal combustion engines.
(C) Procedure.
(1) Each person in this municipality shall separate from his or her solid waste and shall cause to be recycled the following items: glass food and beverage containers, metal food and beverage containers, newspapers, office paper, juice and milk cartons, plastic containers #1-7, aluminum foil and trays, cardboard, grass clippings, leaves, storage batteries, scrap metal, waste oil, and electronics. Placing any of the above items in a container with solid waste is prohibited unless such item, because of contamination or some other inherent quality cannot be recycled.
(2) Persons living in residential units shall place glass food and beverage containers, metal food and beverage containers, newspapers, office paper, juice and milk cartons, plastic containers #1-7, aluminum foil and trays, cardboard, grass clippings and leaves for collection at such times and in such manner as shall be ordered by the Director of Public Works. Storage batteries, scrap metal, waste oil, grass clippings and electronics shall be taken to such location or locations as may be designated by the Director of Public Works.
(3) Each person occupying a residential unit shall place the materials described above, at such location, at such time in such manner as shall be designated by the Director of Public Works. Containers shall be emptied and cleaned prior to being placed out for collection. No non-recyclable solid waste shall be mixed with any recyclable items placed out for collection.
(4) Each person who does not dispose of solid waste through a collector shall separate materials designated for recycling and deliver or cause all such materials to be delivered to a recycler. Any person transporting recyclable items not picked up by the town collected from a residence, however, shall bring such materials to the town's designated recycling drop-off locations.
(5) No person shall take any material which has been separated for recycling from any public or private property in this municipality unless specifically authorized to do so under the terms of these regulations.
(6) The Mayor shall provide the Commissioner of Environmental Protection with the name of a person to receive information and respond to questions regarding recycling and shall designate a municipal agent to enforce these regulations.
(7) Any collector who has reason to believe that a person from whom he or she collects solid waste has discarded recyclable items with other solid waste in violation of these regulations shall promptly notify the agent of the alleged violation. If so requested by the agent, a collector shall provide a notice, warning or other information as specified by the agent to any person suspected by the collector or by the municipality of violating separation requirements. A collector shall also assist the municipality in identifying any person responsible for creating loads containing significant quantities of recyclable items mixed with other solid waste.
(8) The owner of any residential property containing seven or more dwelling units shall make provisions for the residents of such dwelling units to properly separate materials.
(D) Enforcement.
(1) The Litter Enforcement Agent and/or the Mayor's designee shall be responsible for enforcement of the provision of this section. All notices and fines required or permitted by this section shall be issued by the Litter Enforcement Agent and/or the Mayor's designee. Fines shall be paid to "Treasurer, Town of Hamden."
(2) Penalty: failure to abide by the provision of this section shall be considered a violation and punishable as follows:
(a) First offense per calendar year- written warning.
(b) Second offense (if within the same 12 month period as the first offense)- $50 fine.
(c) Three (or more) offenses (if within the same 12 month period as the second offense) - $100.
(3) Appeal: whenever a fine is imposed under this section, an appeal may be filed within ten days of the issuance of the citation by filing a written notice of an appeal to the town's Hearing Officer. The filing of an appeal shall stay any fine imposed until such time as a decision is rendered on the appeal. The provisions of this section may be enforced by citation and hearing as permitted by Conn. Gen. Stat. § 7-152c.
(Ord. 612, passed 8-1-11)
Cross-reference:
Uniforms packaging regulations, see Chapter 122