Sec. 22a-220. (Formerly Sec. 19-524n). Municipal provisions for solid waste disposal. Toxic or hazardous waste disposal. Recycling goal. Municipal representative. Report to commissioner. Program defic
Sec. 22a-220. (Formerly Sec. 19-524n). Municipal provisions for solid waste
disposal. Toxic or hazardous waste disposal. Recycling goal. Municipal representative. Report to commissioner. Program deficiencies. (a) Each municipal authority
shall make provisions for the safe and sanitary disposal of all solid wastes which are
generated within its boundaries, including septic tank pumpings, sludge from water
pollution abatement facilities and water supply treatment plants, solid residues and
sludge from air pollution control facilities and solid wastes from commercial, industrial,
agricultural and mining operations, and its share of the solid waste remaining after any
recycling facility holding a permit has processed its solid waste, but excluding wastes
which are toxic or hazardous. Solid waste generated by any recycling facility holding
a permit shall be apportioned to each municipality by weight in direct proportion to the
solid waste received from each municipality. No municipality shall be responsible for
any hauling costs resulting from the residue from such recycling facility. The recycling
facility shall be responsible to pay tipping fees for returned residue at the uniform rate
annually established by the solid waste facility for the appropriate category of recycling
residue. Such disposal may be in areas within its own boundaries or arrangements may
be made for disposing of these wastes in any other municipality. The safe and sanitary
disposal of toxic or hazardous wastes shall be the responsibility of the generator and
shall be accomplished in a manner approved by the commissioner. In complying with
this section, a municipal authority may, by action of its legislative body, provide for the
levying of a charge for the disposal, processing or sale of solid wastes brought to a
disposal facility or facilities or to a facility or facilities for the processing or sale of
recyclable items designated pursuant to section 22a-241b, or pursuant to a municipal
ordinance or other enforceable legal instrument, which facilities shall be provided by
said municipal authority, by persons other than those in the employ of the municipality
while in the course of such employment.
(b) Each recycling facility shall maintain records necessary to make the determinations required under subsection (a) of this section. Such records shall include, but not
be limited to, the amount of solid waste derived from each municipality and the amount
of residue apportioned to each municipality.
(c) Any municipality, or its agent, whose solid waste is processed at a recycling
facility, or any solid waste facility which accepts residue from a recycling facility may,
at any reasonable time, inspect the recycling facility, including any records concerning
the amount of solid waste received and residue returned.
(d) If any municipality, regional authority or regional solid waste facility fails to
receive proper residue allocation, it may institute and maintain a civil action for injunctive relief in any court of competent jurisdiction to require proper residue allocation.
The court shall have the power to grant such injunctive relief upon notice and hearing.
(e) Nothing in this section shall be construed to abrogate or in any way interfere
with any agreement entered into by any municipal authority with another municipality
prior to April 9, 1976.
(f) On and after January 1, 1991, each municipality shall, consistent with the requirements of section 22a-241b, make provisions for the separation, collection, processing
and marketing of items generated within its boundaries as solid waste and designated
for recycling by the commissioner pursuant to subsection (a) of section 22a-241b. It
shall be the goal to recycle twenty-five per cent of the solid waste generated in each
municipality provided it shall be the goal to reduce the weight of such waste by January
1, 2000, by an additional fifteen per cent by source reduction as determined by reference
to the state solid waste management plan established in 1991, or by recycling such
additional percentage of waste generated, or both. The provisions of this subsection
shall not be construed to require municipalities to enforce reduction in the quantity of
solid waste. On or before January 1, 1991, each municipality shall: (1) Adopt an ordinance or other enforceable legal instrument setting forth measures to assure the compliance of persons within its boundaries with the requirements of subsection (c) of section
22a-241b and to assure compliance of collectors with the requirements of subsection
(a) of section 22a-220c, and (2) provide the Commissioner of Environmental Protection
with the name, address and telephone number of a person to receive information and
respond to questions regarding recycling from the department on behalf of the municipality. The municipality shall notify the commissioner within thirty days of its designation of a new representative to undertake such responsibilities. A municipality may by
ordinance or other enforceable legal instrument provide for and require the separation
and recycling of other items in addition to those designated pursuant to subsection (a)
of section 22a-241b.
(g) A municipality may contract with a municipal authority, another municipality,
a regional entity, the Connecticut Resources Recovery Authority, a nonprofit organization, a private contractor or any combination thereof for assistance in complying with
the requirements of this section.
(h) On or before August 31, 1991, and annually thereafter, each municipality, or its
designated regional agent, shall provide a report to the Commissioner of Environmental
Protection describing the measures taken during the preceding year to meet its obligations under this section. The commissioner shall provide each municipality with a form
for such report by June 1, 1991. Such form may be amended from time to time. Such
report shall include, but not be limited to, (1) a description of the efforts made by the
municipality to promote recycling, (2) a description of its efforts to ensure compliance
with separation requirements, (3) the amount of each recyclable item contained in its
solid waste stream which has been delivered to a recycling facility as reported to the
municipality or its designated regional agent by the owner or operator of a recycling
facility pursuant to section 22a-208e or by a scrap metal processor pursuant to section
22a-208f, and (4) the amount of solid waste generated within its boundaries which has
been delivered to a resources recovery facility or solid waste facility for disposal as
reported to the municipality or its designated regional agent by the owner or operator
of the resources recovery facility or solid waste facility pursuant to section 22a-208e.
(i) Each municipality shall designate a municipal or regional agent to receive from
collectors of solid waste and recyclable items and from operators of resources recovery
facilities and solid waste facilities the notices required to be sent to the municipality
pursuant to section 22a-220c.
(j) On and after January 1, 1991, the commissioner may issue an order, in accordance
with the procedures set forth in section 22a-225, to enforce the requirements of this
section and section 22a-241e. If the commissioner determines that a municipality is
making insufficient progress in implementing a recycling program he may issue a notice
of recycling program deficiency. Thirty days after issuance of said notice the commissioner shall meet with the chief executive officer of the municipality to discuss the
deficiency, the municipality's explanations thereof and remedial steps. The municipality
at such meeting may cite impediments to the accomplishment of recycling program
goals including, but not limited to, the following: The availability of markets; the availability of local processing systems; the availability of regional processing centers; the
desirability of alternate utilization techniques; impacts on public health or the environment associated with recycling; or severe economic impact. If the commissioner, after
considering such impediments, determines deficiencies still exist which should be remedied, he shall give the municipality further notice and an opportunity to implement
remedial steps within ninety days of the receipt of such notice. If after expiration of the
ninety-day remedial period, the commissioner determines that the municipal recycling
program remains deficient in meeting statutory requirements he may hold a hearing and
issue an order. No such order which imposes a duty on the municipality to appropriate
funds for the budget of such municipality so as to comply with the order shall be effective
earlier than the first fiscal year beginning after five months following the date of issuance
of such order.
(1971, P.A. 845, S. 14; P.A. 76-34, S. 1-3; P.A. 79-57, S. 1, 2; 79-605, S. 1, 17; P.A. 82-327, S. 7; P.A. 90-220, S. 2,
11; 90-312, S. 9; P.A. 91-92; 91-293, S. 8, 9; P.A 93-423, S. 1; P.A. 96-163, S. 2.)
History: P.A. 76-34 added provision authorizing municipality to levy charge for waste disposal by persons other than
municipal employees in the course of their employment and added Subsec. (b); P.A. 79-57 replaced "area(s)" with "facility(ies)" in Subsec. (a); P.A. 79-605 gave municipality responsibility for disposing of sludge from water pollution abatement
facilities, water supply treatment plants and air pollution control facilities, and solid wastes from air pollution control
facilities and agricultural and mining operations and clearly placed responsibility for toxic and hazardous wastes on waste
generator; P.A. 82-327 removed provision which had required that Sec. 7-162 provisions must be complied with in arrangements to transport solid wastes to another municipality or out of the state; Sec. 19-524n transferred to Sec. 22a-220 in
1983; P.A. 90-220 amended Subsec. (a) to authorize a municipality to charge for solid wastes brought to a facility for the
processing or sale of recyclable items or pursuant to ordinance, and added Subsecs. re duties of a municipality re separation,
collection, processing and marketing of items, re municipal contracts, re report to commissioner, re designation of agent
and re notice of recycling program deficiency order by commissioner, designated as Subsecs. (f) to (j), inclusive, in keeping
with provisions enacted in P.A. 90-312; P.A. 90-312 amended Subsec. (a) to require municipalities to dispose of residue
from recycling facilities, inserted new Subsecs. (b) re maintenance of records by recycling facility, (c) re inspection of
recycling facility and (d) re institution of action for injunctive relieve, and relettered former Subsec. (b) as (e) accordingly;
P.A. 91-92 rephrased Subsec. (f) to establish a goal for recycling 25% of the solid waste generated in each municipality;
P.A. 91-293 amended Subsec. (h) to change the date by which municipalities must begin submitting reports under that
subsection from July 1, 1991, to August 31, 1991, and to require commissioner to provide forms by June 1, 1991, rather
than by March 1, 1991; P.A. 93-423 amended Subsec. (f) to add provision re January 1, 2000, recycling goal; P.A. 96-163
amended Subsec. (f) to change the basis for measuring solid waste for purposes of the recycling goal from volume to weight.
See Sec. 22a-117 re hazardous waste.
See Sec. 22a-446a re uniform tipping fee at facilities disposing of septic tank pumpings.
Annotations to former section 19-524n:
Cited. 168 C. 278. Cited. 174 C. 146.
Annotations to present section:
Cited. 192 C. 591.
Cited. 17 CA 17; judgment reversed, see 212 C. 570. Cited. 19 CA 216.