(A) The Board of Public Works may permit the use of city disposal areas and facilities by owners of motor vehicles or their agents subject to such regulations as the Board may establish; provided:
(1) It shall be done at his own risk and upon the following terms and conditions: In consideration of the foregoing grants and privileges herein specified, the owner or his agent shall, as a condition precedent, release the city from any right of action, claim or demand which may otherwise accrue to him by reason of the loss of any of his property while in, upon or about the premises at the municipal incinerator or other municipally-owned disposal areas, and further agrees for the consideration, to indemnify the city and save it harmless from all claims, demands, actions, costs and charges to which the city may be subject or which it may have to pay by reason of any injury to any person or property or loss of life or property suffered or sustained by any owner and/or agent while in, upon or about the premises of the city incinerator or waste disposal areas, whether the loss arises from the negligence of the employees, agents or servants of the city or otherwise;
(2) When the owner is another subdivision of the state, the use of city facilities shall be on the basis of a contract with such other subdivision which shall comply with the requirements of Chapter 40 of this code.
(B) No private noncommercially licensed or noncombination licensed motor vehicle shall be permitted to dump or dispose of solid wastes at any municipally-owned disposal area unless its owner produces a state driver's license showing that he is a resident of Waterbury or Wolcott.
(C) (1) Any motor vehicle bearing commercial or combination license plates must be licensed by the city in order to dump or dispose of solid wastes at any municipally-owned disposal areas, and shall have affixed to the vehicle at a location determined by the Superintendent of Waste Disposal a special license hereinafter termed "hauler license" obtained from the office of the City Clerk of the city. Fee charged annually for the hauler license shall be as follows:
(a) Vehicle tare weight as set forth in the schedule of fees, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code;
(b) All motor vehicles bearing commercial or combination license plates must weigh in before dumping at any municipally-owned disposal areas. Tare weights shall be made at the municipal scales and shall be certified by the weigher or scale operator to the Town Clerk.
(2) The Town Clerk shall not issue the hauler license to any hauler against whom the city commenced legal action to collect any unpaid fees for using municipal facilities.
(D) (1) The above licenses shall expire on April 30 of each year. All owners of vehicles requiring licenses must obtain and affix to their vehicles new hauler licenses prior to May 1 of each year or they will not be permitted to dump at the city's incinerator or other disposal areas. Hauler licenses renewed for the ensuing year shall be obtained from the office of the Town Clerk under the same procedure as required for obtaining initial hauler licenses, as detailed in division (C) above. Insofar as possible, renewal licenses shall bear the same number as the initial hauler licenses. New or renewal licenses purchased on or after April 1 for the ensuing year beginning May 1 shall be considered valid for use after April 1.
(2) The schedule of fees for hauler licenses listed in division (C) above notwithstanding, a prorated fee schedule shall be used for haulers obtaining licenses for less than the full year, based on the schedule shown below:
(a) Full charge for licenses obtained between May 1 and July 31;
(b) Seventy-five percent charge for licenses obtained between August 1 and October 31;
(c) Fifty percent charge for licenses obtained between November 1 and January 31; and
(d) Twenty-five percent charge for licenses obtained between February 1 and March 31.
(E) In addition to the above, owners of the motor vehicles bearing commercial or combination license plates shall be charged, based on the weight and content of each load, subject to a fee schedule adopted by the Board of Public Works.
(1) An owner of a motor vehicle bearing commercial or combination license plates using the premises for such purposes shall be billed monthly in accordance with the rates provided above by the Bureau of Waste Disposal of the city and shall pay the same to the tax collector of the city within 30 days of due date. If the amount due is not paid in full on or before the twenty-first day of the month next succeeding the month in which it became due and payable, then the whole or such part of the bill which remains unpaid shall thereupon be delinquent and shall be subject to interest at the rate of 18% per annum from the time when it became due and payable until the same is paid. Further, the hauler's right to use the areas shall be suspended until the principal and interest owed are paid in full.
(2) The Superintendent of Waste Disposal, at his discretion, may for any delinquent bill discontinue the regular monthly billing and turn the bill over to the Corporation Counsel's office for collection.
(3) If the hauler is delinquent three times during the licensing period, then the hauler must post a letter of credit in an amount and form deemed sufficient by the Superintendent of Waste Disposal in order to resume use of any municipal disposal facilities.
(4) If a hauler license is lost, misplaced or mutilated, there shall be a charge of $5 for each replacement, which shall be paid by the owner at the office of the Town Clerk of the city prior to the issuance of same. The owner shall not transfer his hauler license to any other vehicle without first receiving permission to do so from the Bureau of Waste Disposal.
(F) No resident sticker or hauler license shall be issued unless the motor vehicle is registered with the state and is owned by a city resident, except when the home office of a local firm is located in another city or state and because of this the local firm's vehicles are licensed in another state. No nonresident driver of a motor vehicle or motor vehicle hauling a trailer, whether owned or rented or borrowed, shall otherwise be allowed to dump at the municipal incinerator or other municipal disposal area.
(G) If, in the opinion of the Superintendent of Waste Disposal, it is advisable to change the method of identifying the noncommercially licensed or noncombination licensed or motor vehicles bearing commercial or combination license plates he may do so, subject to the approval of the Board of Public Works.
(H) If the city in the future utilizes additional areas and/or sites for the purpose of waste disposal, then the provisions of this section shall pertain to such additional areas and/or sites.
(I) The dumping of refuse or solid wastes at the municipal incinerator or other municipally-owned disposal areas from any source outside the city is prohibited, except in those cases where there exists a contract between the city and another subdivision of the state permitting the latter to use the facilities.
(1) The Superintendent of Waste Disposal shall enforce the provisions of this division (I) and any other regulation established by the Board of Public Works, pursuant hereto. The Superintendent shall impose the following penalties against any owner of a motor vehicle bearing commercial or combination plates who violates any provisions of this division (I) or regulations, provided that notice in writing is given to the owner by certified mail to the address listed on the hauler license.
(a) First violation. Up to two weeks’ suspension of all of owner’s motor vehicles bearing commercial or combination license plates from the use of the city’s waste disposal areas and/or, additionally, the monetary penalty as set forth in the schedule of fees, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code for each motor vehicle bearing commercial or combination license plates for which the owner has been issued at that time such special license by the city.
(b) Second violation. Up to 30 days’ suspension of all the owner’s motor vehicles bearing commercial or combination license plates from the use of the city’s waste disposal areas and/or, additionally, a monetary penalty as set forth in the schedule of fees, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code for each motor vehicle bearing commercial and combination license plates for which the owner has been issued at the time by the city a special license.
(c) Third violation. The owner’s right to the use of the city’s waste disposal areas shall be permanently revoked.
(2) Notwithstanding the above, the owner, in the case of a violation or violations, shall pay the monetary penalty or penalties imposed, prior to again utilizing the waste disposal areas and the same shall apply to all such vehicles he may own.
(3) The owner has the right to appeal any penalty imposed by the Superintendent of Waste Disposal to the Bureau of Public Works within 15 days of the mailing of the penalty notice.
(4) The Superintendent shall impose the following penalties against any operator of a motor vehicle bearing commercial or combination plates who violates any provision of this division (I) or regulations, provided that notice in writing is given to the operator by certified mail to the address listed on the hauler license.
(a) First violation. Up to two weeks’ suspension from the use of the city’s waste disposal areas and/or additionally, a monetary penalty as set forth in the schedule of fees, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code.
(b) Second violation. Up to two months’ suspension from the use of the city’s waste disposal areas and/or additionally, a monetary penalty as set forth in the schedule of fees, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code.
(c) Third violation. Permanent suspension from the use of the city’s waste disposal areas.
(5) Notwithstanding the above, the operator, in the case of a violation or violations, shall pay the monetary penalty or penalties imposed, prior to again utilizing the waste disposal areas.
(6) The operator has the right to appeal any penalty imposed by the Superintendent of Waste Disposal to the Bureau of Public Works within 15 days of the mailing of the penalty notice.
(1967 Code, § 8-24) (Ord. passed 4-12-1972; Ord. passed 4-11-1989; Ord. passed 2-20-1990; Ord. passed 5-11-1992; Ord. passed 8-19-2013)