§ 82-133. Regulation on local streets.

(a)

No person shall transport any quantity of hazardous waste in/on any truck on any street located within the territorial limits of the town without first obtaining a written permit from the town manager. Said permit shall specify the route or routes to be used by said trucks, the times during which said transportation may be made, and the type of hazardous waste to be transported by and/or on said truck.

(b)

No permit shall be issued by the town manager unless the hazardous waste is to be transported on streets over which it is permissible to transport such hazardous waste under the federal, state, and/or local regulation, statute, ordinance, or standard for a purpose which is not in violation of any applicable federal, state, or local regulation, statute, ordinance or standard.

(c)

The town manager shall issue permits upon a showing that the transportation of hazardous waste shall:

(1)

Not occur on weekends, and/or national, state, or local holidays;

(2)

Take place only from 8:30 a.m. to 4:30 p.m. on nonholiday week days;

(3)

Not occur should the weather be such as to cause hazardous driving conditions, including snow, freezing rain, sleet, hail, hurricane, tornado, or gale conditions;

(4)

Not be conducted within 500 feet of a residential area, the population density of which exceeds five persons per acre;

(5)

Not be conducted within 25 feet of an underground storm drainage system that is connected to footing drains;

(6)

Not be conducted within the Connecticut River watershed area as designated in the map entitled, "Map Showing Drainage Areas Board Brook Quadrangle, Connection" by Mendall P. Thomas (1974), on file at the town clerk's office;

(7)

Not be conducted within the Scantic River watershed area as designated in the map entitled "Map Showing Drainage Areas Broad Brook Quadrangle, Connecticut" by Mendall P. Thomas (1974), on file at the town clerk's office;

(8)

Not be conducted within the primary or secondary recharge areas of the Northern Connecticut River Valley Aquifer as designated in the map of the Town of Enfield, Connecticut entitled, "zoning map," calibrated at a scale of one inch equals 800 feet, the base map of which was prepared by Brown, Donald and Donald/Planning Services, Inc. of Farmington, Connecticut. The map was revised as of June 1980 and approved by the planning and zoning commission on September 25, 1980, and is on file at the town clerk's office;

(9)

Not be conducted within 500 feet of any inland wetland or watercourse, nor within 500 feet of any intermittent watercourse;

(10)

Not be conducted within 500 feet of any hospital, school (including public, private, parochial, trade, or academic institution), temporary and/or permanent place of public assembly (either within building or out-of-doors);

(11)

Not occur on any private property except: To retrieve, pick up, or collect hazardous waste/material from and/or to deliver or transport hazardous waste/material to facility involved in the generation, disposal, processing, treatment, storage, or incineration of said waste/material; to refuel; to remedy an emergency (which for purposes of this section requires the immediate notification of the division of police);

(12)

Not be conducted within one mile of a public well or a well providing a potable water supply to more than one residence; nor within 300 feet of a private well;

(13)

Not be conducted on any street, the paved portion of which is less than 40 feet wide.

(d)

Transportation of hazardous waste from a site located within the town to a site within the town or to a site outside the town may be permitted on local streets that do not satisfy the above criteria if, and only if, no other route is available. The town manager, in issuing such a permit, may take the above restrictions into consideration and thereupon determine and make said permit contingent upon use of the safest and shortest route during the stated optimal times of the day.

(e)

Applications for permits shall be made to the town manager on forms to be provided by the manager. The manager shall require information concerning the nature and quantity of the hazardous waste to be transported, names and business and residence address of persons authorized to operate the vehicles; if the holder of the permit is an individual, the full name, business telephone number, business address and residence address of the holder and of the person in charge of the holder's activities under the permit; if a corporation, the same information as to each officer, director, statutory agent for service of process and person in charge of activities under the permit, if a partnership or association, the same information as to each partner or associate and person in charge of the activities under the permit, registration number and other identifying information for each vehicle to be used, the manufacturer, serial number, weight, length and other characteristics of the vehicle or vehicles to be used, the times when transportation is to occur, the proposed routes, the purpose for which hazardous waste is brought to any destination within the town and any other information necessary to make a decision on the application for a permit. The manager shall grant or deny the permit within five days of receipt of an application containing all required information. If a permit application is denied, the manager shall state in writing his reasons for the denial. Each permit shall be valid for a period of one year. The expiration date shall be stated on the permit. The original or a copy of the permit shall be carried in each vehicle when transporting hazardous waste on any street in the town. The town manager shall file a copy of each permit granted with the division of police and with the fire departments in which any of the streets to be used for the transportation of hazardous waste are located.

(f)

The town manager may, based on information received by him, and shall, upon written application supported by an affidavit setting forth facts which if true would warrant suspension or revocation of the permit issued under this section, hold a hearing to make a determination as to whether a permit should be suspended or revoked and whether a penalty and/or fine should be paid by the person violating any section of this article. Written notice of the hearing setting forth the alleged violation and the time and place of hearing shall be given to the holder of the permit at least seven days prior to the date scheduled for commencement of the hearing. The hearing may be continued from time to time by the manager as the circumstances require. At the hearing, evidence on which a suspension or revocation of the permit may be based may be presented. At the hearing, the holder of the permit may be represented by counsel, may cross examine witnesses and present testimony, documentary evidence, or other evidence. If requested to do so, the manager may allow a reasonable time for submission of written memoranda. Within ten days of the close of the hearing, or the date for submission of memoranda, the manager is to make a decision as to whether or not the permit shall be suspended or revoked and/or whether a penalty/fine as provided in section 1-13 for each violation of the article shall be assessed against violators. Should a violation persist for beyond one day and/or continue beyond a reasonable time for compliance and/or be recurring then each day, continuation beyond a reasonable period of time within which to correct for violation and/or recurrence of the offense shall constitute a separate offense and be subject to an additional fine/penalty as such. The decision shall be in writing and a copy shall be mailed by certified mail or hand delivered to the holder of the permit. Notwithstanding the foregoing, upon the receipt of information by the manager from which there is cause to believe that the holder of a permit is transporting hazardous waste within the town in such a manner so as to create a danger of immediate injury to any person or to the public, he/she shall immediately suspend such permit, which suspension shall be given in writing. The manager shall schedule a hearing as soon as practicable. Based on evidence presented at the hearing, the manager shall make a determination as to whether the suspension shall be terminated or whether the permit shall be suspended for a further period of time or revoked.

(g)

The permit, and any renewal thereof, issued under the article shall, at all times, be visible to anyone approaching the driver's side or the front of the vehicle and be within the reach of the driver when sitting in the driver's seat.

(h)

In an action for renewal of any permit or for a new permit with respect to the above activity, an application shall be filed not later than 30 days prior to the expiration of the existing permit. Any application for a renewal or new permit under this article shall be made in accordance with the rules in this article, except that the application may incorporate by reference any part or parts of the next prior application by the same permittee concerning the same operation or activity. Within 30 days following receipt of any application under this section, the town manager may determine that the application is untimely or insufficient. The town manager shall state briefly in any such determination the basis for it and shall send the determination to the permittee. Any such determination shall not be a rejection for incompleteness, but shall be a final decision, and shall cause the existing permit of the permittee-applicant to expire upon its original expiration date, without regard to the pendency of any actions for renewal or new permit.

(i)

A minimum nonrefundable application fee of $50.00 shall be paid by the applicant prior to the processing by the town manager of any application for a permit for a new activity or the renewal of an existing activity. This fee is subject to increase to cover the expense of reviewing and processing said application but in no event shall exceed $150.00.

(j)

The town manager may require additional scientific, technical and/or professional assistance in the review and evaluation of any application submitted for a hazardous waste transportation permit or renewal thereof. Should the town manager require such expertise, the expense of same will be estimated by the manager, based on preliminary estimates from such experts, and said estimate of costs times 150 percent will be paid over to the manager by applicant prior to the review of said application. Upon completion of the technical review and a determination of the costs incurred, any excess will be refunded to applicant. Applicant shall not be responsible for costs incurred in excess of 150 percent of the expert's estimate.

(Code 1967, § 6-62(a)—(e), (g)—(k))