§ 7-70. Separation of recyclables required.

(a) 

All items designated as recyclables by the State of Connecticut Department of Environmental Protection or by the Town Council of the Town of New Milford shall be considered recyclables and shall be subject to separation and disposal as required by this Article.

(b) 

Each person generating, producing or originating solid waste upon or from a residential property located within the Town of New Milford shall separate at the source all recyclables from such solid waste and shall segregate such recyclables for disposal in an approved manner. Each other person generating, producing or originating solid waste within the town, including but not limited to, commercial and industrial businesses and owners or operators of apartments or condominium complexes, shall make provision for the separation of all recyclables from such solid waste and for the disposal of such recyclables in an approved manner.

(c) 

No commercial solid waste hauler or other person shall dispose of any recyclable item generated within the Town of New Milford in any solid waste facility except in areas specifically designated by the Town Council for the collection of such recyclable item.

(d) 

No commercial solid waste hauler may collect, transport or dispose of solid waste generated, produced or originating upon or from residential property located within the Town of New Milford unless substantially all recyclables have first been separated and removed from such solid waste. No commercial solid waste hauler may collect, transport or dispose of solid waste generated, produced or originating upon or from nonresidential properties, including properties owned or occupied by commercial and industrial businesses and owners or operators of apartments or condominium complexes, unless substantially all recyclables have first been separated and removed from such solid waste or unless provision is otherwise made for the separation and removal of substantially all recyclables from such solid waste and for the disposal of such recyclables in an approved manner.

Each commercial solid waste hauler shall routinely inspect collected solid waste for compliance with the requirements of this Article and shall issue a violation notice, by tag or other means approved by the Mayor, to each person whom the commercial solid waste hauler determines is not in substantial compliance with the requirements of this Article. Each commercial solid waste hauler shall periodically provide the Mayor and the Department of Environmental Protection with such information, including the record of violation notices, as the Mayor or the Department of Environmental Protection deem necessary to assure and assess compliance with this Article.

Nothing contained in this subsection shall diminish or be deemed to impair the authority of the Town Council to direct the flow of solid waste, including recyclables, as more particularly set forth in § 7-71 hereof.

(e) 

Recyclables shall be prepared for recycling, processing or sale in the manner required by procedures or practices established by the Town Council pursuant to the authority vested by § 7-71(a) of this Article.

Ord. of 3-12-1991, § 2