REGIONAL REFUSE DISPOSAL DISTRICT 1

AN ORDINANCE REGARDING RECYCLING OF DISCARDED PRODUCTS

AN ORDINANCE ESTABLISHING A PROGRAM FOR RECYCLABLE MATERIALS; PROMULGATING RULES AND REGULATIONS FOR THE SEPARATION, RECOVERY COLLECTION, STORAGE AND DISPOSITION OF SAID MATERIAL AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF.
Enacted by the District Board Duly Assembled at a meeting held on October 29, 1990, after presentation at a Public Hearing on 10 October 1990 and updated at the District Board meeting on February 20, 2019 reflecting Department of Energy and Environmental Protection Supplements and Amends the Solid Waste Ordinance of RRDD#1 published on 18 July 1977 and amended 10 October 1990.

SECTION I PREAMBLE:

WHEREAS, the conservation of the recyclable material is an important public concern;
WHEREAS, the promotion of the public good is best served by establishing ordinances, rules and regulations for the Separation, Recovery, Collection, Storing and Disposal of said recyclable material;
WHEREAS, the Regional Refuse Disposal District 1 is a body politic and corporate under the laws of the State of Connecticut and is authorized by Section 7-330 of the Connecticut General Statutes and Sections 2-3, 3-1.K and 3-7 of the District’s Charter to enact ordinances and establish, revise, and enforce rules and regulations for its operations, business, and projects;
WHEREAS, Sections 22a-229 and 22a-241c of the Connecticut General Statutes and Section 22a-241b of the Regulations of Connecticut State Agencies mandate promulgation by municipalities of regulations to achieve compliance with the state-wide solid waste management plan, as it may be amended and revised from time to time; 

WHEREAS, The Commissioner of the Connecticut Department of Energy and Environmental Protection has promulgated regulations which establish the requisites for compliance by municipalities with the state-wide solid waste management plan;
WHEREAS, Regional Refuse Disposal District 1 is the municipal district formed by the Towns of Barkhamsted, New Hartford and Winchester, all in the County of Litchfield and the State of Connecticut, for the purpose of collection and disposal of municipal solid waste in said towns, and
WHEREAS, Diversion of recyclable materials as herein defined from the District’s recycling facilities will substantially impair compliance by Regional Refuse Disposal District #1 with solid waste management and recycling statutes and regulations,
NOW, THEREFORE BE IT ORDAINED by the Board of Regional Refuse Disposal District 1 as follows:

Section II DEFINITIONS:

For purposes of this ordinance and regulations promulgated hereunder:
2.1. “Administrator” means the person currently designated by the Board to be in charge of operations at the District’s facilities.
2.2. “Antifreeze” means any substance used in engine fluids to reduce the freezing point of fluids sufficiently to prevent freezing of the fluids.
2.3. “Authorized collector” means any person, corporation or other entity including scheduled refuse collector and unscheduled refuse collector as hereinafter defined who is engaged is collection of solid waste and refuse from any location in the Towns of Barkhamsted, New Hartford and Winchester which is licensed by and registered with the District to collect such solid waste and materials within the Region.
2.4. “Cardboard” means corrugated boxes and similar corrugated and craft paper materials clean of contamination by food or other material.
2.5. “Designated Recyclable Item” means an item, required to be recycled pursuant to Connecticut mandatory recycling regulation or designated for recycling pursuant to CT General Statutes Sec. 22a-256 or Sec. 22a-208v. Note: Current designated recyclable items include: 1) glass and metal food containers; 2)residential and non-residential high grade white office paper; 3) old newspaper; 4) scrap metal; 5) old corrugated cardboard; 6)used motor oil; 7)motor vehicle batteries (e.g. lead acid storage batteries); 8)Ni-Cd rechargeable batteries; 9) leaves; 10) grass clippings; 11) HDPE and PETE plastic containers; 12) boxboard; 13) magazines; and 14) colored ledger paper.
2.6. “District” means the Regional Refuse Disposal District 1, whose member towns are Barkhamsted, New Hartford and Winchester.
2.7. “District Board” means the Board of Directors of the District, including those persons entitled to act as members of said Board.
2.8. “Dry Cell Battery” means a battery of a primary cell type having an electrolyte in the form of paste.
2.9. “Glass Food Container” means a glass bottle of jar of any size or shape used to package food products suitable for human or animal consumption.
2.10. “He” means any resident regardless of sex.
2.11. “High Density Polyethylene (HDPE) Plastics” means bottles or other objects made of high density polyethylene.
2.12. “Intermediate Processing Facility’ means a facility which can recycle an item or items and market or delivery for reuse the resulting material product or products.
2.13. “Leaves” means the foliage of trees.
2.14. “Metal Food Container” means an aluminum, bi-metal, steel, tin-plated, or other metallic can, plate, or tray of any size or shape used to package food products suitable for human or animal consumption.
2.15. “Mixed Refuse” means all solid waste other than recyclable material.
2.16. “Newspaper” means used or discarded unsoiled newsprint.
2.17. “Occasional Refuse Hauler” means any person or firm receiving payment for hauling refuse or for providing occasional or unscheduled refuse collection services within the Region other than a Scheduled Refuse Hauler.
2.18. “Office Paper” means used or discarded high-grade white and manila paper including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photo copying, which is suitable for recycling and free of contaminants from food or other material.
2.19. “Recyclable Material” means any material which would otherwise become solid waste, which shall be separated and diverted from other solid waste, collected and processed into a material product, including the production of compost, and returned to economic use in the form of raw materials or products pursuant to this ordinance, as may be amended from time to time. Nothing in this definition shall preclude the use of waste oil as fuel in an oil burner.
2.20. “Recycling” means any process by which materials, which would otherwise become solid waste, are separated and diverted from other solid waste for the purpose of collection and processing of it or causing it to be processed into a material product, including the production of compost, in order to provide for the disposition of the material or materials in a manner, other than incineration of landfilling, which will best protect the environment. Nothing in this definition shall preclude the use of waste oil as fuel in an oil burner.
2.21. “Recycling facility” means land and appurtenances thereon and structures where recycling is conducted, including but not limited to, an intermediate processing facility.
2.22. “Region” means the municipalities of Barkhamsted, New Hartford, and Winchester.
2.23. “Resident” means any human being who is an occupant on a temporary or permanent basis of residential or nonresidential property within the Towns of Barkhamsted, New Hartford, and Winchester.
2.24. “Residential property” means real estate containing one or more dwelling units but excluding hotels, motels or hospitals.
2.25. “Scheduled Refuse Collector” means any person or firm receiving payment for providing scheduled refuse collection services to one or more occupants of within any member municipality of the District.
2.26. “Scrap metal” means used of discarded items which consist primarily of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof including , but not limited to, white goods and metal food containers.
2.27. Single Stream means fully commingled or single sort of cardboard, glass (beverage containers), metals (food containers), papers (except shredded) and plastics (certain food and other containers) all free of contaminants from food or other material.
2.28. “Solid waste” means solid, liquid or semisolid material that is unwanted or discarded, including, but not limited to, demolition debris, material burned or processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludge or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility. This definition does not include scrap metals held for reuse or resale by a “scrap metal processing facility”, as defined in Section 13a-123c of the Connecticut General Statutes (C.G.S.), a “scrap metal processor” as defined in C.G.S. Sec. 14-67w (a), a “motor vehicle junkyard” as defined and licensed in Chapter 246, Part III (H) of the General Statutes, C.G.S. Secs. 14-67g, et seq., or a “junk dealer” as defined in Chapter 405 of the General Statutes, C.G.S. Secs. 2-7, et seq.
2.29. “Source separation” means to separate recyclable materials from the solid waste stream at the point of waste generation.
2.30. “Storage Battery” means lead acid batteries or other batteries used in motor vehicle such as, but not limited to, automobiles, airplanes, boats, recreational vehicles and tractors.
2.31. “Tire” means any rubber or synthetic band or casing used on wheels.
2.32. “Tire Tube” means any rubber or synthetic cylinder mounted on a wheel and within a tire.
2.33. “Used Motor Oil” means crankcase oil that has been utilized in internal combustion engines.
2.34. “Waste Generator” means any person whose act or process generates waste

SECTION III PURPOSE:

On January 1, 1991 the District shall commence operation of a recycling facility and recycling program to implement provisions of Chapters 446d and 446e of the Connecticut General Statutes, C.G.S. Secs. 22a-207, et seq., and 22a-257, et seq., and Section 22a-241b of the Regulations of Connecticut State Agencies, as may be amended.

SECTION IV SEPARATION OF RECYCLABLE MATERIALS FROM OTHER SOLID WASTE REQUIRED:

4. A. It shall be a violation of this Ordinance for any person who generated solid waste from residential commercial property within the Region to fail to separate recyclable materials as herein defined from other solid waste.
4. B. It shall be a violation of this Ordinance for any person, corporation or other entity which generates solid waste from any nonresidential source within the Region to fail to make provision for the separation of recyclable material as herein defined from other solid waste.

SECTION V COLLECTION BY UNAUTHORIZED PERSONS PROHIBITED:

5. A. Recyclable material shall become the property of the District once identified, placed or set out for collection by an authorized collector or once deposited at the District’s recycling facility.
5. B. It shall be a violation of this Ordinance for any person, corporation, or other entity who is not an authorized collector to collect or cause to be collected from any source within the Region recyclable material as defined herein. This provision does not apply to those persons who decline an authorized collector’s offer of recyclable materials at the District’s recycling facility.

5. C. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

SECTION VI RECYCLING PROGRAM ESTABLISHED

6. A. There is hereby established within the Towns of Barkhamsted, New Hartford and Winchester a program for the segregation of recyclable materials from other solid waste from all solid waste generation within the Region and for the sorting of such recyclable materials into categories as provided in this Ordinance, as may be from time to time amended.
6. B. On and after February 25, 2019, it shall be mandatory for all authorized collectors of solid waste from residential sources within the Region to offer not less than once every two weeks for voluntary customer subscription collection of at least the following recyclable materials:
1. Cardboard
2. Glass food containers
3. Metal food containers
4. Newspapers
5. HDPE plastic
6. Other recyclable material as designated by the District Board following thirty (30) days after the designation and publication of notice in a newspaper of general circulation in the Towns of Barkhamsted, New Hartford, and Winchester.

6. C. All occupants of residential property within the Region who subscribe to an authorized collector’s recyclable materials collection service shall transport to or cause to be transported to the District’s recycling facilities any and all recyclable material designated in Section 6.J. herein which are not subject to said collector’s service.

6. D. All occupants of residential property within the Region who do not subscribe to an authorized collector’s recyclable materials collection service shall transport to or cause to be transported to the District’s recycling facilities for deposit there all recyclable materials as designated in Section 6.J. of the Ordinance, segregated from other solid waste and sorted in categories as designated in said section, clean or free of food or other contaminants.

6. E. All occupants of non-residential property shall transport or cause to be transported to the District’s recycling facilities for deposit there all recyclable materials segregated from other solid waste and sorted into categories as designated in said section, clean or free of food or other contaminants. The Board may, by written authorization, permit a non-residential generator to transport or cause to be transported said recyclable materials to a solid waste facility or a resource recovery facility outside the Region upon showing that recyclable materials transported to such facility are disposed of in accord with all relevant law and upon finding by the Board that such disposal will not adversely affect the District’s recycling program.
6. F. All occupants of residential property within the Region who subscribe to recyclable materials collection services offered by authorized collectors shall segregate recyclable materials from other solid food waste and recyclables, sort such materials into categories, clean or free such recyclable materials from food or other contaminants and set them out for collection by authorized collectors in a manner and at a time established by said collectors.
6. G. On and after January 1, 1991 authorized collectors shall be responsible for designating to their customers the means by which recyclable material will be segregated from non-recyclables and by which recyclable material will be sorted into such categories as herein set forth and cleaned or freed of contaminants.
6. H. Authorized collectors shall deliver to the recycling facility designated by the Board pursuant to Section 6.E. , above, collected recyclable materials segregated from other solid waste, sorted into categories as designated in this Ordinance or regulations promulgated hereunder, with a minimum of contamination by food or other material.
6. I. All recyclable materials deposited at the District’s recycling facilities must be segregated and sorted according to the schedule set forth in Section 6.J. of this Ordinance and be reasonable free of contamination by food or other material.
6. J. Authorized collectors and other persons who deliver recyclable materials to and deposit such materials at the District’s recycling facilities shall deliver and deposit such materials separated in accordance with the following schedule:
(1) Anti-freeze (Spent)
(2) Batteries (Automotive and NiCad)
(3) Box Spring / Mattress
(4) Cans (Aluminum and Steel)
(5) Cardboard
(6) Electronics / Televisions (Computers/ CRT’s)
(7) Glass food containers
(8) High Density Polyethylene (“HDPE”) Plastic
(9) Leaves
(10) Magazines
(11) Mattress / Box Spring
(12) Metal food containers
(13) Newspaper
(14) Office Paper
(15) Paint (Household – oil / latex)
(16) Plastic Containers
(17) Scrap Metal (white goods)
(18) Tires
(19) Tire tubes
(20) Used Motor Oil
(21) Yard Waste
(22) Other recyclable materials as designated by the District Board following thirty (30) days after
designated by the publication of notice in a newspaper of general circulation in the Towns of
Barkhamsted, New Hartford and Winchester.

6. K. All persons who transport recyclable materials to and deposit the same at the District’s recycling facilities shall deposit such materials in the manner and location designated by the Administrator or District’s employees.

6. L. On or after January 1, 1991 the District shall refuse to accept at any District facility any solid waste materials containing any recyclable materials which are not, upon delivery to any District facility, segregated from non-recyclable materials, separated into recyclable material categories as set forth in Section 6.J of this Ordinance and freed or cleaned of contamination by food or any other material.

SECTION VII: PREPARATION OF RECYCLABLES FOR COLLECTION AND DEPOSIT

7. A. All recyclable materials set out for collection by an authorized collector shall be prepared for collection in the manner set forth by the authorized collector.

7. B. All recyclable materials deposited at the District’s recycling facilities shall be prepared for deposit as follows:
1. Uncontaminated cardboard, HDPE plastics, newspapers, magazines and office paper shall be
placed in designated recycling containers and shall not be comingled with non-recyclable solid
waste.
1. Glass food containers shall be rinsed and placed in designated recycling containers and shall not be comingled with non-recyclable solid waste.
2. Metal food containers shall be rinsed and placed in designated recycling containers and shall not be comingled with non-recyclable solid waste.
3. Storage batteries (dry cell and NiCd) shall be separated from other solid waste and deposited as directed by the Administrator or District employees.
4. Scrap metal shall be separated from other solid waste and deposited as directed by the Administrator or District employees.
5. Used motor oil and spent anti-freeze shall be placed in clean leak-proof containers and deposited as directed by the Administrator or District employees.
6. Leaves to be composted shall be deposited as directed by the Administrator or District employees.
7. Tires and tire tubes shall be separated from each other and other solid waste and deposited as directed by the Administrator or employees.
8. Household oil and latex paint shall be separated from other solid waste and deposited as directed by the Administrator or District employees.
9. Box springs / mattresses shall be separated from other solid waste and deposited as directed by the Administrator or District employees.
10. E- Waste (electronics) shall be separated from other solid waste and deposited as directed by the Administrator or District employees.
11. Deposit containers shall be separated from other solid waste and deposited as directed by the Administrator or District employees.

7. C. All of the aforementioned provisions may, from time to time, be modified by the District Board to the extent that new procedures are developed.

SECTION VIII UNLAWFUL ACTS; VIOLATIONS AND PENALTIES:

8. A. It shall be unlawful to combine recyclable materials with other solid waste deposited at the District’s facilities. The Administrator shall refuse or cause to be refused delivery to or deposit at the District’s recycling facilities of solid waste which has recyclable materials commingled with it.

8. B. It shall be the responsibility of authorized collectors to determine that recyclable materials accepted by them from waste generators are properly segregated from other solid waste and that each designated category of recyclable materials is properly separated and prepared for transport to and deposit at the District’s recycling facilities, in accord with these terms of Section 6.J of this Ordinance.

8. C. It shall be unlawful for person, corporation or other entity or for any authorized collector to transport for sale or processing recyclable materials to any location outside of the Region. The Board may by written authorization permit a non-residential generator to transport or cause to be transported recyclable materials as defined herein to a solid waste facility or a resource recovery facility outside the Region upon showing that recyclable materials transported to such facility are disposed of in accord with all relevant law and upon finding by the Board that such disposal will not adversely affect the District’s recycling program.

8. D. It shall be the responsibility of any person who does not make use of an authorized collector’s recyclable materials collection services to segregate properly recyclable materials from other solid waste and to separate and prepare each designated category of recyclable material for transport to and deposition at the District’s recycling facilities in accord with the terms of Section 6.J of this Ordinance.

8. E. vacant

8. F. No person or corporation shall separate, recover, collect, remove, store, or dispose of recyclable material within the Towns of Barkhamsted, New Hartford, and Winchester, except as specifically authorized by the District. This provision does not apply to those persons who decline an authorized collector’s offer of recyclable materials collection services and who transport and deposit such materials at the District’s recycling facilities.

8. G. Any authorized collector who has reason to believe that any person, corporation or other entity from which he collects solid waste has discarded recyclable items with such solid waste in violation of this Ordinance shall promptly notify the District’s agent as defined herein of the alleged violation. An authorized collector shall also assist the District to identify any person responsible for creating loads containing significant quantities of recyclable items mixed with solid waste which are delivered to a resources recovery facility or solid waste facility by the collector and detected by the owner or operator of such facility pursuant to Section 8.H of the Ordinance.

8. H. Any authorized collector who receives notice from the owner or operator of any resources recovery facility or solid waste facility of delivery to such facility of any load of solid waste containing significant quantities of an item required to be recycled under this Ordinance shall notify the District’s agent of receipt of such notice and assist the District in identification of the person creating such load.

8. I. Any collector who dumps more than one cubic foot in volume of solid waste at any one time in an area not designated by the District or who knowingly mixes other solid waste with items designated for recycling pursuant to this Ordinance shall be for a first violation liable for a civil penalty of one thousand dollars and five thousand dollars for a subsequent violation. The District may bring action in superior court under this section.

8. J. The owner or operator of any resources recovery facility or landfill who fails to notify the Administrator about delivery of loads of solid waste originating from within the Region containing significant quantities of recyclable materials shall be subject to a written warning by certified mail, return receipt requested, from the Administrator for a first violation and to a civil penalty of five hundred dollars for each subsequent violation. The District may bring an action in superior court under this section.

8. K. The Administrator may issue a written citation by certified mail, return receipt requested, to the owner or occupant of any residential or nonresidential property who fails to separate from other solid waste the items designated for recycling under this Section 6.J of this Ordinance. Such owner or occupant may be subject to a penalty not to exceed five hundred dollars for each violation to be paid, if uncontested by the person cited, not less than thirty (30) days from the date of issuance of such citation.

8. L. Following notice of any alleged violation to the Administrator and a hearing if requested by the alleged violator as provided in Section IX of this Ordinance, the Board may suspend up to seven (7) consecutive calendar days all permits for the use of the District’s facilities. If the alleged violator is an authorized collector as defined herein, said collector shall, at least fourteen days prior to the effective date of such suspension, except for one day suspension, notify all customers that it has been suspended from use of the District’s facilities. Notification shall be in writing and shall be sent by certified mail, return receipt requested, with copies of all return receipts forwarded to the Administrator.

8. M. Following notice of any alleged subsequent violation by an authorized collector to the Administrator and a hearing as provided in Section IX of this Ordinance, the Board may suspend up to one (1) year all licenses held by said collector for use of the District’s facilities. All customers of such authorized collector shall be notified in the same manner as described in section 8.L. , above.

8. N. In no event shall any transferee, lessee, successor or assign of a vehicle of any authorized collector who has had its commercial or private collector’s license or licenses revoked under the terms of Section 8.L or 8.M, above be entitled to a registration for a District permit on said vehicle unless appropriate proof can be shown to the Administrator that said former owner has no title or other legal beneficial interest in said vehicle or in the business of such transferee, lessee, successor or assign.

8. O. Any failure to comply with the provisions of this Ordinance is a violation of the Ordinance.

8. P. For purposes of this section, each day that a violation continues shall be deemed to be a separate offense. For purposes of this section, each collection from any source in the region of recyclable materials by any person or other entity who is not an authorized collector as defined in Section 2.3 of this Ordinance shall constitute a separate offense.

8. Q. The Administrator shall be designated as the District’s agent for the purposes of receipt of notice of violations of this Ordinance, of Section 22a-241b of the general statutes and Public Act 10-87 as set forth in Section VIII below.

SECTION IX CITATION PROCEDURE

9. A. Pursuant to Sections 7-152c and 7-330 of the general statutes, the Administrator shall designate a citation hearing officer, other than an employee of the District, to conduct hearings as authorized in this section.

9. B. At any time within twelve months from the expiration of the period for uncontested payment of penalties under Section 8.K of this Ordinance, the Administrator shall send notice of the alleged violation to the property owner or occupant. Such notice shall inform the owner or occupant: (1) of the allegations against him and the amount of the fines, penalties, costs or fees due; (2) that he may contest his liability before the citation hearing officer by delivering in person or by mail written notice within ten days of the date thereof; (3) that is he does not demand such a hearing, an assessment and judgement shall be entered against him; and (4) that such judgement may issue without further notice.

9. C. If the person who is sent notice pursuant to Section 9.B of this Ordinance wished to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to the Administrator. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within ten days of the date of the first notice provided for in Section 9.B of this Ordinance shall be deemed to have admitted liability and the Administrator shall certify such person’s failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in Section 9.E of this Ordinance.

9. D. Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than fifteen (15) days nor more than thirty (30) days from the date of the mailing of notice, provided the hearing officer shall grant upon cause shown any reasonable request by any interested party for postponement or continuance. An original or certified copy of the original notice of violation issued by the Administrator shall be filed and retained by the District, and shall be deemed to be a business record within the scope of CGS Section 52-180 and evidence of the facts contained therein. The presence of the Administrator shall be required at the hearing if such person so requests. A person wishing to contest liability shall appear at the hearing and may present evidence in his behalf. The Administrator other than the hearing officer, may present evidence on behalf of the District. If such person fails to appear, the hearing officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from said person copies of police reports, investigatory and citation reports and other office documents by mail and may determine thereby that the appearance of such person in unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing officer shall announce his decision at the end of the hearing. If he determines that the person in not liable, he shall dismiss the matter and enter his determination in writing accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines. Penalties, costs, or fees against such person.

9. E. If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of assessment to the person found liable and shall file, not less than thirty (30) days nor more than twelve (12) months after such mailing, a certified copy of the notice of assessment with the clerk of superior court for geographical area 18 together with an entry fee of eight (8) dollars. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve (12) month period, assessments against the same person may be accrued and filed as one record of assessment. The hearing officer’s assessment, when entered as a judgement, shall have the effect of a civil money judgement and a levy of execution on such judgement may issue further notice to such person.

9. F. A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty (30) days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry for a small claims case pursuant to CGS Section 52-259, in the superior court for geographical area 18, which shall entitle such person to a hearing in accordance with the rules of the judges of the superior court.

9. G. Except as otherwise provided in this Ordinance, the Administrator shall enforce all provisions of this Ordinance.

SECTION X RULES AND REGULATIONS:

Pursuant to Sections 2-3, 3-1K and 3-5 of the Charter of the District, the District Board shall establish and promulgate reasonable Rules and Regulations as to the manner, days and times for the collection, receipt, sorting, transportation, sale and/or marketing of recyclable material in order to encourage the recovery of material resources while minimizing the cost of the recycling program. Said rules and regulations shall also prescribe an equitable system of warnings relative to the enforcement of this Ordinance and the application of penalties as provided for herein.

SECTION XI SEVERABILITY:

The provisions of this Ordinance are severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, said invalidity shall not offset any other provision or application of this Ordinance which can be given effect without the invalid provision or application of the Ordinance.

SECTION XII REPEALER:

12. A. Section 3.1b of the Solid Waste Ordinance of RRDD #1, as published 18 July 1977 is hereby repealed and the following is substituted in lieu thereof:

‘b) Other materials designated as recyclables under the Recycling Ordinance of RRDD One 1, as published November 1990 and as may be amended from time to time, and other recyclable materials as may be designated for voluntary recycling by the Administrator”

12. B. Section 4.1.1 of the Solid Waste Ordinance of RRDD #1, as published 18 July 1977, is hereby repealed and the following is substituted in lieu thereof”

“4.1.1. No person shall dispose of any waste at the District’s facilities except at specific locations currently designated for placement of separate classes of kinds of solid waste under posted or oral instructions issued by the Administrator or District employees, pursuant to the District’s ordinances, regulation and rules. The District will maintain separate placement areas for the following materials or classes of materials:
a.) Recyclable materials, as designated in the Recycling Ordinance of RRDD One 1, as amended;
b.) Miscellaneous reusable materials:
c.) Tires;
d.) Woody waste and demolition materials;
e.) Certain industrial wastes:
f.) Mixed refuse delivered by passenger vehicles and small trucks;
g.) Mixed refuse delivered by other trucks

12. C. Sections 4.2 and 4.3 of the Solid Waste Ordinance of RRDD One 1, as published in 18 July 1977 are hereby repealed.

12. D. Section 5.5 of the Solid Waste Ordinance of RRDD One, as published on 18 July 1977 is hereby repealed and the following substituted in lieu thereof:

“5.5 No person shall engage in salvage, scavenge, or removal of any solid waste or recyclable materials at the District’s facilities”… except as authorized by the Board.”

12. E. All provisions of any other ordinance which are inconsistent with the provisions of this Ordinance are hereby repealed.

SECTION XIII WHEN EFFECTIVE

This Ordinance shall become effective February 25, 2019.