Solid Waste/Resource Recovery

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Solid Waste/Resource Recovery Authority

BE IT ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL TOWN MEETING DULY ASSEMBLED, THAT THE FOLLOWING ORDINANCE BE ESTABLISHED BY THE TOWN OF STONINGTON:

 

SECTION 1.      PREAMBLE.

It is hereby found and declared that the collection, storage, transportation, delivery, processing and disposal of solid waste impacts upon the health, safety and welfare of the residents of the Town of Stonington and that in exercising supervision and control over the administration of solid waste, the Town is exercising essential and proper government functions.

 

SECTION 2.  CREATION OF A RESOURCE RECOVERY AUTHORITY.

Pursuant to Section 7-273aa to 7-273oo of the Connecticut General Statutes, inclusive, there is hereby created a municipal resource recovery authority, to be known as the “Town of Stonington Resource Recovery Authority.”   Pursuant to Section 7-273aa(b) of the Connecticut General Statutes, the Board of Selectmen of the Town of Stonington are hereby designated to be the Resource Recovery Authority for the Town and in such capacity they shall have all those rights, powers and duties set forth in the Connecticut General Statutes relating to municipal resource recovery authorities.

The Board of Selectmen, acting in its capacity as the Town of Stonington Resource Recovery Authority, shall have the power to adopt resolutions, rules and regulations and to set rents, fees or charges as may be necessary to effectuate the purposes of this Ordinance.  Copies of any such resolutions, rules and regulations, and the amount of any such rents, fees or charges shall be made available upon request at the Town Hall, which shall constitute the principal office of the authority.

The Board of Selectmen shall also have the power to designate, within the Town, one or several residential and/or commercial improvement districts, and to enter into contracts, or grant franchises, for the provision of solid waste collection, transport and/or disposal services within those districts.

 

SECTION 3.  COLLECTION AND DISPOSAL BY THE TOWN.

Effective July 1, 1997, the removal, transport and/or disposal of solid waste, as that term is defined in Chapter 446d of the Connecticut General Statutes, shall be managed, supervised and/or performed by the Town of Stonington Resource Recovery Authority or its agent(s) in conformance with such rules and regulations as the Authority has or shall from time to time adopt.  Such solid waste generated within the Town shall be removed, transported and/or disposed of only by the Authority, or refuse collectors with whom the Authority has contracted or has awarded franchises to.  All other persons are hereby prohibited from removing, transporting and/or disposing of solid waste generated within the Town.  The Authority may, however, provide by regulation an exception for generators of solid waste to self-transport and self-dispose of such waste.

 

SECTION 4.  REGULATIONS.

The Authority shall have the power to issue regulations with respect to the exercise of its powers hereunder.  No such regulations shall take effect until after a public hearing in relation thereto in which parties in interest and citizens shall have an opportunity to be heard.  Notice of the time and place of such hearing shall be published in the form of a legal advertisement in a newspaper having general circulation within the Town of Stonington at least ten (10) days prior to such hearing.  A copy of the proposed regulation shall be placed on file with the Town Clerk at least ten (10) days prior to the hearing thereof.

 

SECTION 5.  REPEALER.

All ordinances in existence are hereby repealed to the extent that they are inconsistent with this Ordinance.

 

SECTION 6.  SEVERABILITY.

If any provision of this Ordinance shall be held invalid, such invalidity shall not affect any other provisions of this Ordinance that can be given affect without the involved provision and for this purpose the provisions of this Ordinance are hereby declared severable.

 

SECTION 7.  EFFECTIVE DATE.

This Ordinance shall take effect fifteen (15) days after publication in a newspaper having a general circulation within the Town of Stonington.

 

SECTION 8.  PENALTY.

The Stonington Resource Recovery Authority shall have the power to set and assess penalties for violations of the provisions of this Ordinance.  In no case shall such penalties exceed the amount of Five thousand ($5,000) Dollars per violation.

 

Adopted April 21, 1997Effective May 12, 1997