The following article was published exactly 30 years ago today, appearing in the Hartford Courant of July 18th, 1980.
A garbage hauler, whose license to dump refuse at the city landfill was ordered suspended for 10 days after he was accused of dumping refuse from another town, filed a court appeal Thursday, challenging the city ordinance that prohibits dumping refuse from most other towns.
In a ruling announced last week, acting Public Works Director Nicholas Misenti imposed the suspension on Dainty Rubbish Service Inc. In a hearing June 24, a Middletown policeman testified that he had seen a truck from the company pick up garbage in Rocky Hill and drop it at the Middletown dump -- violating the recently enacted city ordinance.
Superior Court Judge James Higgins has ordered a hearing for Monday at 2 p.m. on Dainty’s request for an injunction halting the suspension, which was ordered to begin today.
Phillip Armetta, the president of Dainty, said at the hearing that he didn’t order the driver to truck Rocky Hill garbage to the Middletown dump, and that he had fired the driver who is accused of trucking the garbage. He later described the penalty as excessively harsh, particularly because he recently donated part of the land now used for the landfill.
Misenti said the 10-day suspension was the lightest penalty that could be imposed under the ordinance, which has no provision for firms whose licenses are suspended to appeal.
The seven-page complaint filed in Middlesex County Superior Court contends that the ordinance, which regulates only garbage dumping at the city dump on Johnson Avenue, limiting it to waste from Middletown and Cromwell, was not approved by proper state authorities and not included in the city’s solid waste management plan filed with the state in July 1979.
Dainty claims the ordinance is unconstitutional, not approved by proper state authorities, and in conflict with state laws.