Public Works, Planning & Development Standing Committee of the RTM Special Meeting Agenda (PDF)

FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
AGENDA
PUBLIC WORKS, PLANNING & DEVELOPMENT
Special Meeting
Thursday, February 13, 2020
5:00 P.M, - Waterford Town Hall
Louise Appleby Room
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4, Public Comment
5. Consideration of and possible action on item referred to committee:
A. “Amendment to the SCRRRA Ordinance, 8.04” (RTC 02-03-2020)
6. Adjournment
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Robert A. Avena
Raymond L. Baribesuh, Je
James P. Besryman
Michael A. Blanchard
Eric W. Caltahan
Michtel P. Carey
Richard S. Cody
John A. Collins, 1
Jeanette M. Dostie
Eileen C. Duggan
Bryan P. Fiengo
‘Theodore W. Heiser
Jeffiey W Mill
Carolyn P. Kelly
Kristi D. Kelly
Nicholas F. Kepple
Robert B. Keville
Jiltlan K. Miller
Roger T. Sally
Robert G, Tukey
Kyle J. Zrenda
In Memoriam
Ardcew J Brand
James F, Brenna
James J. Courtney
L. Patrick Gray, HIT
Micheel V. Sage
Matthew Shatner
Max M. Shapiro
Charles J. Suisman
Thomas B, Wilson
Louis C. Wool
Of Counsel
Hinda K. Kimmel
Jay B. Levin
Richard A. Schatz
Attorneys-At-Law
January 31, 2020
VIA E-mail: wastreasurer152@outlook.com
Thomas J. Dembek, RTM Moderator
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
RE: SCRRRA Ordinance Amendment
Dear Tom:
Enclosed please find a copy of the amendment to the SCRRRA Ordinance.
Please forward to the appropriate Standing Committee of the RTM for consideration
and review.
lal, [Ye
~ Robert A. Avena
Waterford Town Attorney
RAA/Iap
Enclosure
ec: David Campo, Town Clerk
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A Tradition of Innovative Solutions
Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.C.
2 Union Plaza, Suite 200 * P.O. Box 1591, New London, CT 06320
Phone 860-442-4416 * Fax 860-442-0495 * www.suismanshapiro.com

Title 8 - HEALTH AND SAFETY
Chapters:
Chapter 8.04 - REFUSE COLLECTION AND DISPOSAL
Sections:
8.04.010 - Declaration of policy.
The accumulation, collection, removal and disposal of refuse must be controlled by this municipality
for the protection of the public health, safety and welfare. it is consequently found and declared that:
A. This municipality is authorized by law to regulate the disposition of refuse generated within its
boundaries and fo collect a charge therefor and to license refuse collectors, and
B. This municipality is authorized by Connecticut General Statutes Annotated Section 22a-220a to
designate the area where refuse generated within its boundaries shall be disposed; and
C. This municipality has executed a municipal-Municipal_selid-Solid waste-Waste rranagement
Management services-Services_centract-Contract with the 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 Fazility) pursuant to_a Solid Waste
Disposal Agreement between SCRRRA and Wheelabrator Lisbon Inc. (the Wheelabrator
Agreement), and dasignates the SCRRRA Fazility as the “Facility” within the SCRRRA System.
Pursuant to the MSA, this municipality has agreed to deliver or cause to be delivered all Solid
Waste (as defined in the MSA) generated within the corporate boundaries of this municipality 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.
D. This municipality seeks to encourage the recycling of refuse and other methods to reduce the
volume of municipal solid waste generated within its boundaries; and
E. The enactment of this chapter is in furtherance of this municipality's solid waste management
plan.
(R.T.M. 10-3-88: prior code § 8-1)
8.04.020 - Definitions.
For the purposes of this chapter the words set out in this section shall have the following meanings:
“Bulky wastes" means construction debris, street sweepings and oversized bulky items including, but
not limited to, discarded appliances, large parts of automobiles, and oversized tree stumps, logs and
branches. “Oversized municipal solid waste" means oversized bulky items including, but not limited to,
discarded appliances, large parts of automobiles and furniture. :
“Commercial food refuse" means and 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.
"Director" means the director of public works of this municipality.
“Hazardous wastes" means solid and liquid wastes in the following classifications:
1. Explosives;
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1, The applicant has been irresponsible in conduct of refuse collection and hauling operations
based upon previous suspensions and/or revocations of licenses or based upon violation of any
_ regulations enacted by the board of selectmen;
2. The applicant lacks suitable equipment with which to collect refuse in a safe and nuisance-free
manner and in compliance with this chapter; ; :
3. The applicant lacks adequate liability insurance.
Revocation or Suspension of License. A license to engage in refuse collection and to use the waste
disposal or processing facilities provided by this municipality is a privilege, not a right. In the event
the holder of a license issued under the provisions of this chapter fails to comply with the provisions
of such license the director shall have authority to revoke or suspend such license in addition to any
other penalty (impossible) imposed by law. ,
Director Responsible. The director shall administer thie licensing of any refuse collector engaged in
the collecting and transporting of refuse in this municipality. The director shail also regulate the
refuse collectors’ responsibilities and obligations in the collection and disposal of refuse or bulky
waste. The director shall regulate refuse collectors in accordance with Section 22a-220a of the
Connecticut General Statutes Annotated.
All solid waste generated in this municipality 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 solid waste is not acceptable for disposal at
the SCRRRA Facility, such unacceptable solid waste 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 solid waste generated in this municipality,
All regulations of the board of selectmen and any direction or designation by the board of
selectmen about the disposal of solid waste generated in this municipality shall be consistent with
this paragraph E of Section 8.04.040.
(R.T.M. 2-7-00 (part); R.T.M. 10-3-88: prior code § 8-4)
8.04.050 - Refuse containers.
The owner of each premises upon which refuse is created or generated shail provide a suitable
place upon such premises for sufficient receptacles for receiving and holding such refuse during the
intervals between collections. The board of selectmen, in the regulations adapted pursuant to Section
8.04.030 of this chapter, shall determine whether such receptacles are to be provided by the owner or by
the municipality and shall determine the standards to which such receptacles shall conform.
(R.T.M. 2-7-00 (part); R.T.M. 10-3-88: prior code § 8-5)
8.04.060 - Storing and disposing of refuse.
A.
Public Places. No person shall place any refuse in any street, alley or other public piace or upon any
private property, whether owned by such person or not, within this municipality 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.
Accumulation of Refuse. Any uncontainerized accumulation of refuse on any premises is declared to
be a nuisance and is prohibited. Failure to remove any accumulation of refuse within ten days after
written notice from the director by registered mail shal! be deemed a violation of this chapter. .
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D. Anyone who violates this section shall be subject to penalties and fines in amounts as allowed in
Section 19a-206 of the General Statutes of Connecticut.
(RTM. 10-3-94)
8.04.110 - Collection on unaccepted streets.
The board of selectmen shall have the power to take such measures as it shall deem effectual for
the removal of refuse and recyclables from multifamily and elderly housing developments. The board of
selectmen shall provide that such housing developments be served by municipal collection, upon such
conditions as it may require. As a precondition to receiving municipal collection, improvements shall be
made to refuse or recyclable areas or receptacles for the storage or collection of solid waste by the
owner(s) of the development, to the extent required to conform to the town’s collection methods. The
design of the collection system shall be approved by the director of public works and shall conform to
zoning regulations and permits, and shall be installed by the owner(s) prior to the initiation of municipal
collection.
(R.T.M, 2-7-00 (part): R.T.M. 12-5-94 (part): R.T.M. 10-3-88: prior code § 8-1 1)
8.04.120 - Violation—Penalty.
Any violation of the terms of this chapter shail be deemed an infraction and shall be punishable by a
fine of not more than ninety dollars for each offense. The board of selectmen shall establish a schedule of
fines for such infractions. Each infraction shall be a separate and distinct offense and, in case of a
continuing infraction, each day's continuance thereof shall be deemed a separate and distinct offense. In
addition, the town or its agent, reserves the right to refuse to collect garbage, rubbish or other refuse, or
to allow disposal in a landfill utilized by the town where the spirit or letter of this chapter or the regulations
enacted under these provisions are ignored. The board of selectmen shall have full discretionary authority
in deciding all disputed questions arising under the provisions of this chapter or the regulations enacted
under these provisions.
(R.T.M. 10-3-88: prior code § 8-12)
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