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Connecticut Metal Scrap Statute

Connecticut
The State Metals Theft Laws summaries are not intended to provide or be relied as a legal advice. This material is provided to serve as a reasonable compilation of the most current state scrap laws and is intended to be a resource or supplement to, and provide ideas for, compliance with all applicable laws. The ISRI State Scrap Laws are subject to change and readers should visit http://www.isri.org/metalstheftdb to make certain they are reading the most recent version of ISRI's summaries of the State Metals Theft Laws
Overview of Provisions (use the section titles to travel directly to that section)

Please Note: Amendments by 2014 Connecticut HB 5506, effective October 1, 2014, are included and noted in this summary.

Connecticut's rules for "Scrap Metal Processors" are contained within the chapter regulating Junk Dealers. Businesses may fall under the definition (and regulations) for a "Junk Dealer" (defined in C.G.S. Section 21-9) or a "Motor vehicle recycler" (C.G.S. Section 14-67g). Connecticut does not define the materials covered; the definitions provided have been extrapolated from the text.

Materials Covered and other Definitions

Junk, as used in this summary, refers to junk, old metals, scrap, rags, waste paper or other secondhand articles that are no longer serviceable for their original manufactured purpose.

Scrap Metal, as used in this summary, refers to metals purchased or received by a Scrap Metal Processor.

Restricted Wire or Cable, as used in this summary, refers to wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, or wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company.

A bronze statue, plaque, historical marker, cannon, cannon ball, bell, lamp, lighting fixture, lamp post, architectural artifact or similar item is subject to special reporting requirements.

Stainless steel or aluminum alloy beer or other beverage keg containers are subject to special purchase restrictions.

(added by HB 5506) Municipal Property is subject to special purchase and payment restrictions but is not defined.

"Junk Dealer" means any person who engages in business as a dealer and trader in junk, old metals, scrap, rags, waste paper or other secondhand articles that are no longer serviceable for their original manufactured purpose.

"Junk Yard" means any place in or on which old metal, glass, paper, cordage or other waste or discarded or secondhand material, which has not been a part, or is not intended to be a part, of any motor vehicle, is stored or deposited.

"Scrap Metal Processor", as defined under C.G.S. Section 14-67w, is any place of business and any place of deposit with facilities for preparing and processing metals into a form suitable for remelting by a foundry, steel mill or other remelter, which:

  • Only receives motor vehicles from motor vehicle recyclers licensed under C.G.S. 14- 67l, or a public agency exempted from licensing under C.G.S. 14-67i(b);
  • Does not sell automobile parts for reuse as parts, and
  • Does not retain a motor vehicle for longer than 30 days before processing.
Exemptions

Connecticut Title 21, Chapter 405 does not apply to dealers in motor vehicles (as defined in C.G.S. Chapter 246) and dealers in antique household furniture, china or glassware.

Licensing

Any Junk Dealer in any locality must apply for a local business license. The fee for a license may be no less than $2 and no more than $10 for each vehicle used in connection with the business. A license expires after one year, unless it is revoked sooner. Junk Dealers must register with the Department of Motor Vehicles. Each vehicle used by the business must display in 4" by 2" painted lettering: the name of the person conducting the business, the business license number, and the name of the municipality where the license was granted.

 

Requirements for Business Vehicles

Each Junk Dealer must display, on each business vehicle, the name of the person conducting the business, the number of the license under which the business is being conducted and the name of the municipality where the license was granted. The names and number must also be painted on the outside of the body of the vehicle in letters no less than four inches in height and two inches in width.

Recordkeeping

A Junk Dealer must keep a book, written in English, with the following information:

  • A description of articles received;
  • The Seller's name, residence, and general description;
  • The time and hour when the property was received.

Scrap Metal Processors must record the following for all loads of Scrap Metal:

  • A description of the scrap metal purchased, including the weight;
  • The price paid for the metal;
  • The identification of the person who delivered the metal;
  • A photograph of the delivery vehicle, including the license plate

For loads of Scrap Metal that contain Restricted Wire or Cable:

  • A copy of the delivery vehicle's registration certificate;
  • A description of the material received;
  • A statement as to the location from which the material came.

For Motor Vehicles (see C.G.S. Section 14-67w):

  • The make of the motor vehicle;
  • The year the motor vehicle was manufactured;
  • The engine number of the motor vehicle, if any;
  • The identification number of the motor vehicle;
  • The name and address of the person the vehicle was received from; and
  • The date of the receipt and sale for the motor vehicle if any sale occurred.

To comply with the annual reporting requirement of C.G.S. Section22a-208f, a Scrap Metal Processor should track the amount of scrap metal purchased or received that was generated in Connecticut, and include or identify:

  • A good faith estimate of the amount received directly from in-state construction or demolition sites;
  • Monthly amounts of scrap metal generated within Connecticut;
  • "Other recyclable materials" generated within Connecticut; and
  • Recycling residue generated and the destination facility for such, including whether the destination facility is in Connecticut.
Retention

Scrap Metal Processors must retain all records for at least 2 years.

Inspection

A Junk Dealer's records, all property mentioned in the records, and their place of business may be examined at any time by the selectmen of the town, the chief of police of a city or borough, or any person designated by either.

A Scrap Metal Processor's records must be open for inspection by law enforcement upon request during normal business hours.

For Scrap Metal Processors receiving motor vehicles (see C.G.S. Section 14-67w), the record and premises used for processing motor vehicle junk may be examined during normal business hours by representatives of the Department of Motor Vehicles, the Division of State Police within the Department of Public Safety, or any organized local police department

Reporting

A Junk Dealer must make weekly, sworn reports of their transaction records to the local chief of police or to the town clerk.

A Scrap Metal Processor, Junk Dealer, or Junk Yard owner must immediately notify local law enforcement of the name, if known, and motor vehicle license plate number, if available, of any person offering to sell a bronze statue, plaque, historical marker, cannon, cannon ball, bell, lamp, lighting fixture, lamp post, architectural artifact or similar item.

Annual Report

Under C.G.S. Section 22a-208f, Scrap Metal Processors qualify for an exemption from the solid waste facility permitting requirements if the Processor submits a report to the Commissioner of Energy and Environmental Protection on July 31 of each year containing the amount of scrap metals the Processor purchased or received in the prior state fiscal year that were generated within Connecticut. The report must be on a form prescribed by the Commissioner and include or identify:

  • A good faith estimate of the amount received directly from in-state construction or
    demolition sites;
  • Monthly amounts of scrap metal generated within Connecticut;
  • "Other recyclable materials" generated within Connecticut;
  • Recycling residue generated and the destination facility for such, including whether the destination facility is in Connecticut.

 

Hold

Junk Dealers must automatically hold all goods for 5 days after filing their weekly reports.

Scrap Metal Processors must segregate and hold for five days any Restricted Wire or Cable unless purchased from:

  • A person licensed pursuant to engage in the business of demolition of buildings, or
  • A person who has already segregated the items under this law and who provides a written statement affirming that segregation.
Purchase Restrictions - Metal Beer Kegs

No Scrap Metal Processor, Junk Dealer, or Junk Yard owner may purchase or receive a stainless steel or aluminum alloy beer or other beverage keg container if it is marked with an indicia of ownership of any person or entity other than the person or entity presenting the container for sale.

 

Purchase Restrictions - Municipal Property (added by HB 5506)

No Scrap Metal Processor, Junk Dealer, or Junk Yard owner may purchase any property that they suspect or have reasonable cause to believe is municipal property, unless the person delivering the property presents at the time of delivery a letter on the municipality's letterhead authorizing the purchase or receipt and signed by either:

  • The chief executive officer of the municipality; or
  • The head of the municipal department responsible for maintaining such public property.
Payment Restrictions - Municipal Property (added by HB 5506)

Payment for municipal property must be sent to the official designated in the letter of authorization.

Penalties

A Processor that purchases scrap metal that is subsequently determined stolen and returned to the owner shall have a civil cause of action against the Seller.

A violation of the Scrap Metal Processor provisions is a Class C misdemeanor for a 1st offense; a Class B misdemeanor for a 2nd offense; or a Class A misdemeanor for a 3rd or subsequent offense.

Any person who operates as a Junk Dealer without complying with the law shall be fined up to $50 and/or imprisoned up to 3 months.

©2016. The Institute of Scrap Recycling Industries, Inc. All rights reserved.

This summary of State Metals Theft Laws is being viewed on this website under license and is owned and copyrighted by Institute of Scrap Recycling Industries, Inc. ("ISRI"),1615 L Street, N.W., Suite 600, Washington, DC 20036.