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Annotated Listing of Statutes Dealing With MSW Recycling Requirements

 Haulers    Solid Waste Facilities     Municipalities     Generators

Haulers

Sec.22a-208c – No person shall receive, dispose of, or process solid waste or transport solid waste for disposal or processing at any solid waste facility, volume reduction plant, solid waste disposal area, recycling facility or recycling center, etc. unless such facility complies with provisions of 22a-208a (permit requirements).
Sec.22a-208v – Grass clippings prohibited from disposal at solid waste facilities after October 1998.
Sec.22a-220a(d) – Any collector or hauler of solid waste generated within a municipality shall register in that municipality.
Sec.22a-220a(e) – The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the hauler
Sec.22-220a (f) – A collector shall be liable for a civil penalty of not more than $2,500 for each violation and not more than $10,000 for a subsequent violation if the collector:
  1. Dumps more than one cubic foot of solid waste at one time in an area not designated for such disposal by a municipality; or
  2. Knowingly mixes other solid waste with items designated for recycling pursuant to 22a-241b (glass and metal food containers, non-residential high grade white office paper, old newspaper, scrap metal, old corrugated containers, waste oil, lead acid storage batteries, leaves) or pursuant to municipal ordinance
Sec.22a-220c (a) – Each municipality shall notify haulers of recycling requirements. After such notice, collectors are required to notify the municipal recycling contact about any customer believed to be discarding designated recyclables with solid waste.

Upon request of the municipality, a hauler shall provide a warning notice to customers suspected of violating separation requirements.

Haulers shall also assist the municipality in identifying persons responsible for creating solid waste loads containing significant amounts of recyclables which were detected by the receiving resource recovery or solid waste facility.

Sec.22a-220c (b) – The owner or operator of a resource recovery facility or solid waste facility receiving a load of solid waste containing a significant quantity of designated recyclables, shall notify the driver of the vehicle delivering the load and the municipality where the load originated. Such facility owners and operators shall conduct periodic, unannounced inspections of loads delivered to the facility and shall conduct additional inspections upon the request of the DEP commissioner.
Sec.22a-256c(d) – No person shall dispose of used mercuric oxide batteries except by delivery to a retailer, wholesaler, manufacturer, or recycling center.
Sec.22a-256g (a) – No person may place a used lead acid storage battery in mixed MSW or dicard or otherwise dispose of such used lead acid storage battery, except by delivery to a retailer or wholesaler, or a recycling facility, or a secondary lead smelter permitted by the US EPA, or a scrap metal processor, or a municipally established collection site.

Sec.22a-256g (b) – No retailer shall dispose of a used lead acid storage battery except by delivery to battery manufacturer for delivery to a secondary lead smelter permitted by US EPA, or a recycling facility, or a secondary lead smelter permitted by US EPA, or a scrap metal processor.

Sec.22a-256g (c ) – Any person violating subsection (a) or (b) shall be fined not more than one thousand dollars. Each battery disposed in violation of this section shall constitute a separate violation.

Solid Waste Facilities

Sec.22a-208c – No person shall receive, dispose of, or process solid waste or transport solid waste for disposal or processing at any solid waste facility, volume reduction plant, solid waste disposal area, recycling facility or recycling center, etc. unless such facility complies with provisions of 22a-208a (permit requirements).
Sec.22a-208e ( c) – The owner or operator of any recycling facility which receives for processing or sale the following items generated within the boundaries of a Connecticut municipality: 1) Cardboard, 2) glass, food and beverage containers, 3) leaves, 4) metal food and beverage containers, 5) newspapers, 6) storage batteries, 7) waste oil, 8) plastic food and beverage containers, 9) office paper – shall report to DEP quarterly on a form prescribed by the Commissioner and shall report to each municipality from which material is received. If a municipality or hauler delivers those items out-of-state, the municipality shall notify the commissioner and shall ensure, by contract, that reporting requirements are met by the out-of-state facility.
Sec.22a-208f – Scrap metal processors who report to DEP on the amount of scrap metal received or purchased from municipalities or political subdivisions, are not required to obtain a permit
Sec.22a-208i – a) Any facility that handles only leaves is exempt from permit requirements; (b) the Commissioner may exempt other recycling facilities as well; ( c) such exempt facilities still must meet operational requirements and other applicable regulations adopted under 22a-209.
Sec22a-208v – Grass clippings prohibited from disposal at solid waste facilities after October 1998.
Sec.22a-209e – Lamp recycling facilities shall be considered a volume reduction plant and not subject to 22a-254 (hazardous waste permit?) as long as it is operated in compliance with federal law.
Sec.22a-220 (a) – Each municipality shall make provisions for the disposal of solid waste generated within its borders, including its share of the residue remaining after a recycling facility has processed its recyclables.
Sec.22a-220 (b) – Each recycling facility shall maintain records on the amount of solid waste derived from each municipality and the amount of residue apportioned to each municipality.
Sec. 22a-220( c) – Any municipality 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 and any records relating to amount of SW received and the amount of residue apportioned to each municipality.
Sec.22a-220 (d) – If any municipality, regional authority, or regional solid waste facility fails to receive proper residue allocation from a recycling facility, it may bring civil action for relief.
Sec.22a-220c (b) – The owner or operator of a resource recovery facility or solid waste facility receiving a load of solid waste containing a significant quantity of designated recyclables, shall notify the driver of the vehicle delivering the load and the municipality where the load originated. Such facility owners and operators shall conduct periodic, unannounced inspections of loads delivered to the facility and shall conduct additional inspections upon the request of the DEP commissioner.
Sec.22a-220d – Failure of an owner or operator of a resource recovery facility or solid waste facility to notify a municipality about loads originating in the municipality and containing significant amounts of recyclables shall be subject to a warning by the municipality or the DEP Commissioner for the first violation and to a civil penalty of $500 for each subsequent violation.

Failure of an owner or operator of a resource recovery facility or solid waste facility to conduct an inspection requested by the DEP Commissioner shall be subject to a civil penalty of $1,000 dollars for each violation and $5,000 for each subsequent violation.

Any municipality which fails to receive notification as required, or the Attorney General at the request of the DEP Commissioner, may bring an action under this section.

Sec.22a-256c (d) – No person shall dispose of used mercuric oxide batteries except by delivery to a retailer, wholesaler, manufacturer, or recycling center.
Sec.22a-256g (a) – No person may place a used lead acid storage battery in mixed MSW or discard or otherwise dispose of such used lead acid storage battery, except by delivery to a retailer or wholesaler, or a recycling facility, or a secondary lead smelter permitted by the US EPA, or a scrap metal processor, or a municipally established collection site.

Sec.22a-256g (b) – No retailer shall dispose of a used lead acid storage battery except by delivery to battery manufacturer for delivery to a secondary lead smelter permitted by US EPA, or a recycling facility, or a secondary lead smelter permitted by US EPA, or a scrap metal processor.

Sec.22a-256g ( c) – Any person violating subsection (a) or (b) shall be fined not more than one thousand dollars. Each battery disposed in violation of this section shall constitute a separate violation.

Municipalities

Sec.22a-208e( c) – The owner or operator of any recycling facility which receives for processing or sale the following items generated from the boundaries of Connecticut municipality: 1) Cardboard, 2) glass, food and beverage containers, 3) leaves, 4) metal food and beverage containers, 5) newspapers, 6) storage batteries, 7) waste oil, 8) plastic food and beverage containers, 9) office paper – shall report to DEP quarterly on a form prescribed by the Commissioner and shall report to each municipality from which materials is received. If a municipality or hauler delivers those items out-of-state, the municipality shall notify the commissioner and shall ensure, by contract, that reporting requirements are met by the out-of-state facility.
Sec.22a-220 (a) – Each municipality shall make provisions for the disposal of solid waste generated within its borders, including its share of the residue remaining after a recycling facility has processed its recyclables.
Sec.22a-220 ( c) – Any municipality 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 and any records relating to amounts of SW received and the amount of residue apportioned to each municipality.
Sec.22-220 (d) – If any municipality, regional authority, or regional solid waste facility fails to receive proper residue allocation from a recycling facility, it may bring civil action for relief.
Sec.22a-220(f) – Each municipality shall make provision for the separation, collection, processing and marketing of designated recyclables generated within its borders. The municipality shall adopt an ordinance on or before January 1, 1991 and provide DEP with a recycling contact name, address, and telephone number.

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.

Sec.22a-220(h) – Each municipality shall submit an annual recycling report to DEP on or before August 31.
Sec.22a-220(i) – Each municipality shall designate a municipal or regional recycling contact person.
Sec.22a-220(j) – Commissioner may issue an order to enforce recycling requirements of Section 22a-220 and may issue a notice of recycling program deficiency for a municipality.
Sec.22a-220a(a) – Municipality may designate where certain recyclables generated within its borders from residential properties shall be taken for processing or sale.
Sec.22a-220a(d) – Any collector or hauler of solid waste generated within a municipality shall register in that municipality
Sec.22a-220a(f) – Any collector who knowingly mixes other solid waste with items designates for recycling pursuant to 22a-241b (glass and metal food containers, high grade white office paper, old newspaper, scrap metal, old corrugated containers, waste oil, lead acid storage batteries, NiCd batteries, leaves) or pursuant to municipal ordinance shall be liable for a civil penalty of not more than $2, 500 for each violation and not more than $10,000 for a subsequent violation.
Sec.22a-220c(a) – Each municipality shall notify haulers of recycling requirements. After such notice, collectors are required to notify the municipal recycling contact about any customer believed to be discarding designated recyclables with solid waste.

Upon request of the municipality, a hauler shall provide a warning notice to customers suspected of violating separation requirements.

Haulers shall also assist also the municipality in identifying persons responsible for creating solid waste loads containing significant amounts of recyclables which were detected by the receiving resource recovery or solid waste facility.

Sec.22a-220c(b) – The owner or operator of a resource recovery facility or solid waste facility receiving a load of solid waste containing a significant quantity of designated recyclables, shall notify the driver of the vehicle delivering the load and the municipality where the load originated. Such facility owners and operators shall conduct periodic, unannounced inspections of loads delivered to the facility and shall conduct additional inspections upon the request of the DEP Commissioner.
Sec.22a-220d – Failure of an owner or operator of a resource facility or solid waste facility to notify a municipality about loads originating in the municipality and containing significant amounts of recyclables shall be subject to a warning by the municipality or the DEP Commissioner for the first violation and to a civil penalty of $500 for each subsequent violation.

Any municipality which fails to receive notification as required, or the Attorney General at the request of the DEP Commissioner, may bring an action under this section.

Sec.22a-226d(a) – Any municipality may establish a fine, not exceeding $1,000 for violation of an ordinance adopted pursuant to Section 22a-220(f) or 22a-220a(f) or 22a-220a(i)

Sec.22a-226d(b) – Any police officer or other person authorized by the CEO of a municipality may issue a citation to any person who commits such a violation.

Sec.22a-229(a) – After the adoption of a state wide solid waste plan, any action taken by a person, municipality or regional authority that is governed by this chapter shall be consistent with such plan.
Sec.22a-229(b) through 22a-229(d) – No municipality shall ban the sale or use of polystyrene packaging if the vendors or retail users of such products are engaged in an effort to collect and deliver such packaging to an established recycling facility. Does not apply to municipalities which held any hearing (in accordance with local law, ordinance, etc.) before October 1, 1989 or enacted any local law or ordinance before March 15, 1990, which would be inconsistent with these sections.
Sec.22a-241b(b) – Any item designated for recycling pursuant to subsection (a) shall be recycled by a municipality within 3 months of the establishment of a local or regional processing system.
Sec.22a 241e – The Commissioner may order a municipality to deliver its recyclables items to an IPC if the municipality has failed to enter into a contract with an IPC and has failed to take measures necessary to implement local processing.
Sec.22a-241i - A municipality may impose a penalty not to exceed $500 for each violation by a commercial establishment of recycling separation requirements.
Sec.22a-256a – Each municipality shall recycle NiCd batteries.

Generators/Retail Establishments/Printers & Publishers

Sec.22a-220a(I) – Any person other than a collector who dumps the wrong type of material into a recycling collection container shall be guilty of an infraction as provided for in chapter 881b. Any municipal police officer may issue a summons for this type of violation.
Sec.22a-241b( c) – Each person who generates solid waste from a residential property shall separate designated recyclables from other solid waste and every other person shall make provision for the separation of designated recyclables. Designated recyclables include: glass and metal food containers, non-residential high grade white office paper, old newspaper, scrap metal, old corrugated containers, waste oil, lead acid storage batteries, leaves, grass. NiCd rechargeable batteries.
Sec.22a-241i – A municipality may impose a penalty not to exceed $500 for each violation by a commercial establishment of recycling separation requirements.
Sec.22a-255a – No person may sell an aluminum or steel can which is also composed of one or more plastics.
Sec.22a-255b – Any plastic bottle sold or offered for sale in Connecticut shall bear a plastic resin identification code.
Sec.22a-255e – Each retail establishment offering plastic bags to customers for goods purchased at such establishment shall also offer paper bags and inform customers that a choice is available.
Sec22a-256b(a) – Any NiCd battery containing consumer product sold or offered for sale after July 1, 1993 shall have the NiCd battery easily removable and shall be properly labeled.
Sec.22a-256c(b) – Each retailer selling mercuric oxide batteries shall provide written notice that such batteries are hazardous and require separate disposal. Such retailer is required to accept used mercuric oxide batteries from the consumer.

Sec.22a-256c( c) – Retailers shall accept used mercuric oxide batteries from consumers. Wholesalers shall accept used mercuric oxide batteries from retailers or consumers. Any mercuric oxide batteries accepted by a retailer or wholesaler shall be disposed in accordance with the provisions of this section.

Sec.22a-256c(d) – No person shall dispose of used mercuric oxide batteries except by delivery to a retailer, wholesaler, manufacturer, or recycling center.

Sec.22a-256g(a) – No person may place a used lead acid storage battery in mixed MSW or discard or otherwise dispose of such used lead acid storage battery, except by delivery to a retailer or wholesaler, or a recycling facility, or a secondary lead smelter permitted by the US EPA, or a scrap metal processor, or a municipally established collection site.
Sec.22a-256g(b) – No retailer shall dispose of a used lead acid storage battery except by delivery to battery manufacturer for delivery to a secondary lead smelter permitted by US EPA, or a recycling facility, or a secondary lead smelter permitted be US EPA, or scrap metal processor.
Sec.22a-256g( c) – Any person violating subsection (a) or (b) shall be fined not more than one thousand dollars. Each battery disposed in violation of this section shall constitute a separate violation.
Sec.22a-256h(a)-(f) – Deals with the $5 deposit on lead acid storage batteries and the requirement for retailers to post written notice and to accept a used battery for recycling when a new battery is purchased.
Sec.22a-256i – Requires a wholesaler to accept at the point of transfer, used batteries, at a minimum equal to the number of new batteries purchased, from retailers or consumers. Any wholesaler accepting batteries in transfer from a retailer shall remove such batteries from the retail point of collection within ninety days. The Commissioner, upon presenting appropriate credentials to a retailer, operator or agent in charge, may inspect, at reasonable times the retailer’s place of business. The Commissioner may issue warnings and citations to retailers who fail to comply with the provisions of 22a-256f through 22a-256i, inclusive.
Sec.22a-256m through 22a-256u – Requirements for Connecticut publishers and printers to use minimum percentages of recycled newsprint fiber and to report to DEP annually.
Sec.22a-256y through Sec.22a-256ee – Requirements for directory publishers to use minimum percentages of recycled fiber, to report to DEP annually, and under certain conditions, to provide for the retrieval of a percentage of the directories they distribute.

Questions? Call the DEP Recycling Office at (860) 424-3365.

Content Last Updated December 6, 2007

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