Waste Bylaw 4M2020

Calgary, Alberta

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OFFICE CONSOLIDATION BYLAW NUMBER 4M2020 BEING A BYLAW OF THE CITY OF CALGARY TO REGULATE AND MANAGE WASTE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Amended by: 40M2020, 62M2021, 72M2021, 31M2022, 40M2023, 45M2023) WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, empowers Council to pass bylaws for municipal purposes respecting the safety, health and welfare of people, the protection of people and property, nuisances, services provided by or on behalf of the municipality, and the enforcement of bylaws; and WHEREAS it is desirable to regulate and control the storage, collection and disposal of waste within the City of Calgary; NOW, THEREFORE, THE COUNCIL OF THE CITY OF CALGARY ENACTS AS FOLLOWS: PART 1 - INTERPRETATION SHORT TITLE 1. This Bylaw may be referred to as the "Waste Bylaw". DEFINITIONS AND INTERPRETATION 2. (1) In this Bylaw, the term: (a) "alley" means a lane intended primarily for access to the rear yard of adjacent premises; (b) "animal waste" means all forms of waste from animals or the treatment of animals except animal carcasses or parts; (c) "automated collection" means the collection of waste by means of a mechanical system into vehicles specially designed for such purposes; (d) "automated collection container" means a container approved and provided by the City for automated collection of waste and includes a black cart, blue cart, and green cart; (e) "biomedical waste" means medical waste that requires proper handling and disposal because of environmental, aesthetic, or health and safety concerns and includes: (i) human anatomical waste; (ii) infectious human waste; BYLAW NUMBER 4M2020 Page 2 of 30 (iii) infectious animal waste; (iv) microbiological waste; (v) blood and body fluid waste; and (vi) medical sharps; (f) "black cart" means a black automated collection container provided for the collection of garbage; (g) "blue cart" means a blue automated collection container provided for the collection of residential recyclable material; (h) "Bylaw" means this Bylaw as it may be amended from time to time and includes all Schedules attached to this Bylaw; (i) "City" means the municipal corporation of The City of Calgary or the area located within the boundaries of the city of Calgary, as the context requires; (j) "Chief Administrative Officer" means the Chief Administrative Officer of The City of Calgary or the employee of The City of Calgary who has been delegated the authority to exercise the powers, duties, and functions of the Chief Administrative Officer under this Bylaw; (72M2021, 2022 January 01) (45M2023, 2023 October 17) (k) "collection" means picking up and gathering waste, including transport of the waste to a disposal site, material recovery facility, or a food and yard waste material recovery facility, as applicable; (l) "collector" means a person employed to collect waste; (m) "commercial hauler" means a person engaged in the business of collecting waste from premises for transport to a disposal site or material recovery facility; (n) "community recycling depot" means an area maintained by the City and accessible to the public that contains bins set aside for the collection of recyclable material by the City; (o) "compostable bag" means: (i) a plastic bag, independently certified as compostable based on standards established by the American Society for Testing and Materials Standard Specification for Compostable Plastics (ASTM D6400); (ii) a compostable paper bag; or BYLAW NUMBER 4M2020 Page 3 of 30 (iii) another acceptable bag as designated by the Director, Waste & Recycling Services; (p) "construction and demolition waste" means materials generated in the course of construction, demolition or renovation on a parcel; (q) "Director, Waste & Recycling Services" means the Chief Administrative Officer; (72M2021, 2022 January 01) (45M2023, 2023 October 17) (r) "disposal site" means any premises designated by the Director, Waste & Recycling Services for the disposal of waste or any other premises which is approved by Alberta Environment for the disposal of waste; (s) "dwelling unit" means a residence of one or more persons that contains kitchen, living, sleeping and sanitary facilities; (t) "food and yard waste material" means the materials designated in Schedule E; (u) "food and yard waste material recovery facility" means one of the following: (i) a facility that receives edible food donation; (ii) a facility that receives agricultural food donation; (iii) a composting facility; (iv) an aerobic digestion facility; (v) an anaerobic digestion facility; (vi) a rendering plant facility; (vii) a mulching facility; (viii) a drying/pelletizing facility; or (ix) any other facility that reuses, repurposes or processes food and yard waste material and is approved by the Director, Waste & Recycling Services; (v) "garbage" means material set out for collection, but does not include recyclable material or food and yard waste material; (w) "garbage tag" means a tag issued by the City to mark plastic garbage bags containing extra garbage; BYLAW NUMBER 4M2020 Page 4 of 30 (x) "general medical waste" means non-hazardous medical waste and includes soiled dressings, sponges, surgery drapes, lavage tubes, casts, catheters, disposable pads, disposable gloves, specimen containers, lab coats and aprons, tubings, filters, towels and disposable sheets, but excludes biomedical waste; (y) "green cart" means a green automated collection container provided for the collection of food and yard waste material; (z) "hazardous waste" means waste that is generated from any premises and has one or more hazardous properties as described in the Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, and Waste Control Regulation, AR 192/1996, Schedule 1; (aa) "household hazardous waste depot" means an area maintained by the City and accessible to the public that contains bins set aside for the collection of hazardous waste; (bb) "industrial waste" means waste generated by commercial or industrial activities that presents health, safety or environmental concerns, and includes, but is not limited to, lime, sulfur, asbestos, contaminated soils, empty chemical containers and drums, carbon, acids, caustics, sludge, and industrial sump water, but excludes hazardous waste and biomedical waste; (cc) "material recovery facility" means a facility that receives and prepares recyclable material for marketing; (dd) "medical sharp" means a needle device or any non-needle sharp used for withdrawing body fluids, accessing an artery or vein, administering medications or other fluids, or any other device that can reasonably be expected to penetrate the skin or any other part of the body; (ee) "multi-residential development" means a group of five or more dwelling units that: (i) share a common parcel of land, whether or not any premises on the parcel are used for commercial purposes; or (ii) share a private roadway that provides access to the dwelling units, notwithstanding that some of the dwelling units may be located adjacent to a public street; or (iii) both (i) and (ii); (ff) "non-residential parcel" means a parcel of land that does not contain a dwelling unit; (gg) "non-residential recyclable material" means the material designated in Schedule D, but does not include construction and demolition waste; BYLAW NUMBER 4M2020 Page 5 of 30 (gg.1) "Officer" means a Bylaw Enforcement Officer appointed under the Bylaw Enforcement Officers Appointment Bylaw 60M86, or an officer appointed under the Peace Officer Act, S.A. 2006, c. P-3.5 or under the Police Act, R.S.A. 2000, c. P-17; (72M2021, 2022 January 01) (hh) "owner" includes the person shown as the owner on the land title for a property, the occupant of a premises, the lessee or tenant of a premises, the condominium board of a condominium property, or the property management company that holds itself out as responsible for the maintenance of a premises, as applicable; (ii) "person" means an individual or a body corporate and includes a partnership, a group of persons acting in concert or an association unless the context explicitly or by necessary implication otherwise requires; (jj) "plastic garbage bag" means a plastic bag specifically marketed to store garbage for collection, and excludes plastic bags that are intended for other purposes; (kk) "recyclable material" means residential recyclable material and non- residential recyclable material; (ll) "residential dwelling" means any building containing four or fewer dwelling units; (mm) "residential recyclable material" means the materials designated in Schedule C; (nn) "waste" means anything that is set out for collection and includes garbage, recyclable material, and food and yard waste material. (oo) "wildlife" includes but is not limited to: (i) any animal that is "wildlife" as that term is used in the Wildlife Act, R.S.A. 2000, c. W-10; and (ii) any animal that is an "endangered animal" as that term is used in the Wildlife Act, R.S.A. 2000, c. W-10; (40M2023, 2023 September 12) (2) All schedules attached to this Bylaw form part of this Bylaw. (3) Headings or sub-headings are inserted for ease of reference and guidance purposes only and do not form part of this Bylaw. (4) Where this Bylaw cites or refers to any act, regulation, code or other Bylaw, the citation or reference is to the act, regulation, code or other Bylaw as amended, BYLAW NUMBER 4M2020 Page 6 of 30 whether amended before or after the commencement of this Bylaw, and includes reference to any act, regulation, code or other Bylaw that may be substituted in its place. (5) Each provision of this Bylaw is independent of all other provisions and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable. (6) Nothing in this Bylaw relieves a person from complying with any provision of any federal, provincial or municipal law or regulation or any requirement of any lawful permit, order or licence. PART 2 - GENERAL AUTHORITY OF THE DIRECTOR, WASTE & RECYCLING SERVICES 3. The Director, Waste & Recycling Services is authorized to: (a) approve or set specifications for automated collection containers, compostable bags and plastic garbage bags; (b) specify the types of waste accepted at a City disposal site, City material recovery facility, City composting facility, community recycling depot or household hazardous waste depot; (c) specify the quantities and types of waste eligible for collection; (d) designate City premises to be used as City disposal sites and establish rules and procedures to be followed at these sites; (e) determine the time and frequency of the collection of waste; (f) make and execute agreements on behalf of the City for the collection of waste and disposal services, including collection at a multi-residential development or non-residential parcel; (g) issue industrial waste permits for the disposal of industrial waste; (h) grant approvals and permissions as set out in this Bylaw; (i) establish systems for billing and collecting rates and fees; and (j) establish guidelines regarding: (i) clear signage for the purposes of subsections 14(7), 14(8)(d) and 15(6)(a); and (ii) adequate containers for the purposes of subsections 14(2), 14(3), 14(8)(a), 15(1) and 15(2). BYLAW NUMBER 4M2020 Page 7 of 30 RATES AND FEES 4. (1) Council shall set the following: (a) the basic sanitary waste rate and the rate charged to Waste Management Facility account customers for waste disposed of at a City disposal site; (b) the minimum charge for loads less than 250 kg disposed of at a City disposal site; (c) the black cart program rate; (d) the blue cart program rate; (e) the green cart program rate; and (f) the garbage tag fee. (2) Where black cart program services, blue cart program services and green cart program services are supplied by the City or its agent, the owner of a residential dwelling must pay to the City a monthly charge as set out in Schedule "B". Black cart program services, blue cart program services and green cart program services supplied by the City cannot be suspended at the request of an owner. (3) Rates for residential black cart program, the residential blue cart program and the residential green cart program will apply even where no material is set out for collection. (4) The Director, Waste & Recycling Services, may: (a) establish fees for products and services provided with respect to the collection and disposal of waste including the provision, delivery, maintenance, and replacement of City-owned automated collection containers; (b) except for the basic sanitary waste rate and the minimum charge for loads less than 250 kg as set by Council pursuant to subsection (1), set different rates for different types of waste disposed of at a City disposal site; (c) set temporary rates for basic sanitary waste and other types of waste that are generated in connection with an emergency or natural disaster and that are disposed of at a City disposal site; and (d) despite subsection (1)(a), enter into agreements with customers specifying rates and discounted rates for waste disposed of at a City disposal site; (e) despite subsection (1)(f), enter into agreements with persons for the consignment of garbage tags for re-sale to the public and may set a commission to be paid to such persons. BYLAW NUMBER 4M2020 Page 8 of 30 GENERAL RULES 5. A person must not scavenge waste from an automated collection container, waste container, plastic garbage bag, compostable bag, community recycling depot or household hazardous waste depot. 6. The owner of any premises must store waste on the premises from which it is generated, unless it is stored on other premises with the consent of the owner and occupant of those other premises. 7. (1) A person must not deposit waste in or next to an automated collection container or waste container without the consent of: (a) the owner of the container; (b) the owner of the property where the container is located; or (c) the occupant of the property where the container is located. (2) A person may consent to the deposit of waste that has been generated off-site in an automated collection container only where it does not cause extra waste to be deposited outside the automated collection container. 8. An owner must ensure that waste stored or set out for collection on or adjacent to that owner's premises does not: (a) create offensive odours; or (b) become untidy. PART 3 - RESIDENTIAL COLLECTION WASTE COLLECTION 9. (1) Waste collection service is provided by the City to all residential dwellings. (2) Despite subsection (1), the Director, Waste & Recycling Services may direct that collection services not be provided to any residential dwelling if it is operationally impractical to do so. AUTOMATED COLLECTION CONTAINERS 10. (1) Residential dwellings will be assigned and delivered automated collection containers. BYLAW NUMBER 4M2020 Page 9 of 30 (2) The number and size of the automated collection containers required at a residential dwelling will be determined by the Director, Waste & Recycling Services. (3) The Director, Waste & Recycling Services is authorized to determine where automated collection containers are to be placed for collection. (4) Where an automated collection container has been assigned to a residential dwelling, a person must not remove the container or allow the container to be removed from the residential dwelling. (5) Automated collection containers remain the property of the City and may be removed by the City, its contractors or agents at the direction of the Director, Waste & Recycling Services. (6) Owners of residential dwellings are responsible for all automated collection containers assigned to the residential dwelling and must ensure that the containers are: (a) kept clean; (b) secured against loss or theft; (c) maintained in good condition; (d) not altered in any way, including any alteration of the exterior; and (e) available to the City, its contractors or agents within a reasonable time frame for the purposes of inspection or maintenance. (7) An owner of a residential dwelling is responsible for all fees related to automated collection containers issued for the owner's premises including fees for the provision, delivery, maintenance or replacement of the automated collection container. COLLECTION OF WASTE IN AUTOMATED COLLECTION CONTAINERS 11. (1) Waste set out for collection must be sorted as follows: (a) all garbage must be placed in a black cart with the lid closed; (b) all residential recyclable material must be placed in a blue cart with the lid closed; and (c) all food and yard waste material must be placed in a green cart with the lid closed. (2) An owner must ensure that any automated collection containers for waste used at the owner's premises are filled so that the total weight of the container and its contents does not exceed 60 kilograms. BYLAW NUMBER 4M2020 Page 10 of 30 (3) Unless an owner has written approval from the Director, Waste & Recycling Services to set an automated collection container for waste out for collection at a specific location, the owner must ensure that an automated collection container filled with waste: (a) is located at least 1 metre from any object on either side of the container; (b) is located at least 50 centimetres from any object behind the container; (c) has an overhead clearance above the top of the automated collection container of 3 metres; (d) for front street collection, is: (i) located in front of the residential dwelling that generated the waste materials; (ii) located on the street at the curb; or on the driveway at the street; and (iii) placed in an upright position and the front of the container facing the street; (e) for alley collection, is: (i) located behind the residential dwelling that generated the waste materials; (ii) located adjacent to the alley on level ground and not on a step or raised platform of any kind; (iii) placed in an upright position and the front of the container facing the alley; (f) is not obstructing traffic in the street or alley. (4) Where more than one automated collection container is set out for automated collection, the minimum amount of space between individual automated collection containers or extra waste must be 50 centimetres. (5) Despite section 18 and section 18.1 of the Street Bylaw 20M88, as amended, an owner may set out one or more automated collection containers for waste on the street or alley for automated collection in accordance with the requirements of subsections (3) and (4) of this section. (6) An owner must ensure that waste from the owner's premises is set out for collection no later than 7:00 a.m. on the day of collection. (7) An owner with front street collection must: BYLAW NUMBER 4M2020 Page 11 of 30 (a) set waste out for collection no earlier than 7:00 p.m. on the day before collection; and (b) remove automated collection containers from the collection location before 7:00 p.m. on collection day. EXTRA WASTE 12. (1) Despite subsection 11(1), extra waste may be set out in accordance with this section. (2) If a black cart is full, extra garbage may be set out for collection if it is contained in one or more plastic garbage bags: (a) which measure no more than 66 centimetres wide and 90 centimetres long; (b) which contain no more than 20 kilograms of garbage per bag; (c) which are securely closed or tied at the top of the bag; (d) which are placed adjacent to the black cart no closer than 50 centimetres from the black cart; and (e) to which a garbage tag is attached in plain sight. (3) Extra garbage not set out in accordance with subsection (2) will not be collected. (4) Recyclable material and food and yard waste material must not be placed in a plastic garbage bag to which a garbage tag is attached. (5) Residential recyclable material not placed in a blue cart will not be collected. (6) If the green cart is full, extra food and yard waste material may be set out for collection if it is contained in one or more compostable bags: (a) which contain no more than 20 kilograms of food and yard waste material per bag; (b) which are securely closed or tied at the top of the bag; and (c) which are placed adjacent to the green cart no closer than 50 centimetres from the green cart. (7) Extra food and yard waste not set out in accordance with subsection (6) will not be collected. BYLAW NUMBER 4M2020 Page 12 of 30 RESTRICTIONS ON WASTE 13. (1) Except as otherwise provided in this section, an owner must ensure that the following types of waste are not set out for collection by the City from the owner's premises: (a) industrial or hazardous waste; (b) biomedical waste; (c) general medical waste; (d) sharp objects such as glass, nails, knives, or metal; (e) animal waste, dead animals or animal parts; (f) sawdust and powdered materials; (g) automobile waste including automobile parts, tires, and batteries; (h) individual items that are larger than 1 metre in any dimension or items that weigh more than 20 kilograms; (i) liquids; and (j) waste that is unsafe for the collector to access or handle. (2) An owner may set medical sharps out for collection if the medical sharps are contained in a puncture resistant, non-breakable container with a tight fitting lid before they are set out for collection. (3) An owner may set sharp objects out for collection if the sharp objects are contained in a puncture resistant, non-breakable container with a tight fitting lid before they are set out for collection. (4) An owner may set general medical waste, animal waste and powdered materials out for collection if it is packaged in securely tied, double plastic garbage bags. (5) An owner may set out animal waste for collection in a green cart if the animal waste is secured in a compostable bag so as to ensure that the animal waste cannot be exposed when being collected. (6) An owner may set out sawdust for collection in: (a) a black cart, if the sawdust is from finished or treated wood and secured in a suitable container or packaging so as to ensure that the sawdust cannot be exposed when being collected; or BYLAW NUMBER 4M2020 Page 13 of 30 (b) a green cart, if the sawdust is from unfinished or untreated wood and secured in a compostable bag so as to ensure that the sawdust cannot be exposed when being collected. (7) A person may set out liquid food waste for collection in a green cart, as long as it is sufficiently contained or absorbed so as not to spill when being collected. PART 4 - MULTI-RESIDENTIAL DEVELOPMENTS GARBAGE, RECYCLING AND DIVERSION OF FOOD AND YARD WASTE MATERIAL AT MULTI-RESIDENTIAL DEVELOPMENTS 14. (1) In this section, "owner" means: (a) the person shown as the owner on a land title for multi-residential development; (b) the condominium corporation, in the case of a multi-residential development registered under the Condominium Property Act, RSA 2000, c C-22; or (c) the housing association, in the case of a multi-residential development operated by a housing association registered under the Cooperatives Act, SA 2001, c C-28.1. (2) The owner of a multi-residential development must ensure adequate containers are available for the separate storage of: (a) garbage; (b) residential recyclable material; (c) food and yard waste material; generated on-site. (3) For the purposes of subsections (2) and (8)(a), "adequate containers" means one or more containers which are: (a) maintained in good condition; and (b) provided in: (i) sufficient numbers and locations; and (ii) of sufficient capacity; to contain the volume of garbage, residential recyclable material and food and yard waste material generated at the multi-residential development. BYLAW NUMBER 4M2020 Page 14 of 30 (4) The occupants of a multi-residential development must deposit garbage, residential recyclable material and food and yard waste material generated at their dwelling unit in the containers provided pursuant to subsection (2). (5) The owner of a multi-residential development must ensure that the containers provided pursuant to subsection (2) are emptied as necessary and that: (a) garbage on the parcel is taken to a waste disposal site; (b) residential recyclable material generated on the parcel is taken to and deposited at a material recovery facility; and (c) food and yard waste material generated on the parcel is taken to a food and yard waste material recovery facility. (6) Despite subsections (5)(a) and (8)(c)(ii), occupants of a multi-residential development may conduct their own on-site composting of food and yard waste material generated at the parcel. (7) The owner of a multi-residential development must: (a) ensure clear signage is posted on all waste collection containers, indicating what type of waste materials can be disposed of in each collection container; and (b) on an annual basis, and on commencement of a new tenancy, provide information as prescribed by the Director, Waste & Recycling Services, to all occupants detailing what waste materials can be collected and the proper method for preparing and sorting waste materials for collection. (8) The occupant of a premises, within a multi-residential development, that is used for commercial purposes must: (a) provide adequate containers for the separate storage of: (i) garbage; (ii) non-residential recyclable material; and (iii) food and yard waste material; generated on-site. (b) deposit non-residential recyclable material and food and yard waste material in the containers provided pursuant to subsection (a); (c) ensure that the containers provided pursuant to subsection (a) are emptied as necessary and that: (i) garbage on the parcel is taken to a waste disposal site; BYLAW NUMBER 4M2020 Page 15 of 30 (ii) non-residential recyclable material generated on the parcel is taken to and deposited at a material recovery facility; and (iii) food and yard waste material generated on the parcel is taken to and deposited at a food and yard waste material recovery facility; and (d) ensure clear signage is posted on all waste collection containers, indicating what type of waste materials can be disposed of in each collection container. PART 5 - NON-RESIDENTIAL PROPERTIES GARBAGE, RECYCLING AND DIVERSION OF FOOD AND YARD WASTE MATERIAL AT NON-RESIDENTIAL PARCELS 15. (1) The owner of a non-residential parcel must ensure adequate containers are available for the separate storage of: (a) garbage; (b) non-residential recyclable material; (c) food and yard waste material; generated on-site. (2) For the purposes of subsection (1), "adequate containers" means one or more containers which are: (a) maintained in good condition; and (b) provided in: (i) sufficient number and locations; and (ii) of sufficient capacity; to contain the volume of garbage, non-residential recyclable material and food and yard waste material generated at the non-residential parcel. (3) The occupants of a non-residential parcel must deposit non-residential recyclable material and food and yard waste material generated on-site in the containers provided pursuant to subsection (1). (4) The owner of a non-residential parcel must ensure that the containers provided pursuant to subsection (1) are emptied as necessary and that: (a) garbage on the parcel is taken to a waste disposal site; BYLAW NUMBER 4M2020 Page 16 of 30 (b) non-residential recyclable material generated on the parcel is taken to and deposited at a material recovery facility; and (c) food and yard waste material generated on the parcel is taken to and deposited at a food and yard waste material recovery facility. (5) Despite subsection 4(b), occupants of a non-residential parcel may conduct their own on-site composting of food and yard waste material generated at the parcel. (6) The owner of a non-residential parcel must: (a) ensure clear signage is posted on all waste collection containers, indicating what type of waste materials can be disposed of in each collection container; and (b) on an annual basis, and on commencement of a new tenancy, provide information as prescribed by the Director, Waste & Recycling Services, to all occupants detailing what waste materials can be collected and the proper method for preparing and sorting waste materials for collection. 16. (1) An owner or occupant of a non-residential parcel may apply to the Director, Waste & Recycling Services to be exempted from the requirements of section 15 with respect to non-residential recyclable material, food and yard waste material, or both. (2) The Director may grant an exemption pursuant to subsection (1) if the Director is satisfied that the parcel does not routinely generate: (a) non-residential recyclable material; (b) food and yard waste material; or both. PART 6 - WASTE DISPOSAL AT CITY DISPOSAL SITES 17. A person must not: (a) dispose of any waste at a City disposal site other than the types of waste specified by the Director, Waste & Recycling Services; (b) dispose of waste at a City disposal site unless it is packaged to prevent litter once deposited; or (c) scavenge at a City disposal site. 18. A person must not dispose of industrial waste at a City disposal site without an industrial waste permit issued by the Director, Waste & Recycling Services. BYLAW NUMBER 4M2020 Page 17 of 30 19. A person to whom an industrial waste permit has been issued must comply with all conditions of that permit. PART 7 - OTHER COMMUNITY RECYCLING DEPOTS 20. (1) A person must not deposit or dispose of materials at a community recycling depot other than those materials described as permitted materials by signage located at the depot. (2) A person must not deposit materials of any kind at a community recycling depot except in the receptacles or bins provided. (3) A person must not deposit permitted materials in a receptacle or bin at a community recycling depot except via the openings provided for that purpose. (4) A person must not tamper with, interfere with or damage a receptacle or bin at a community recycling depot. (5) A commercial hauler must not deposit at a community recycling depot: (a) garbage; (b) recyclable material; or (c) food and yard waste material; that were collected in the course of the commercial hauler's business. HOUSEHOLD HAZARDOUS WASTE DEPOTS 21. (1) A person must not deposit materials at a household hazardous waste depot other than those materials described as permitted materials by signage located at a depot. (2) A person must not deposit at a household hazardous waste depot any hazardous waste that was generated from a commercial business. PART 7.1 - WILDLIFE AFFECTED AREAS SECURE ENCLOSURES 21.1 In this Part, the term "secure enclosure" means, for an owner of a residential dwelling, a fully enclosed structure consisting of walls, roof and door(s) of sufficient design and strength so as to prevent access by wildlife, and for clarity, includes a garage, shed, or other structure that is inaccessible to wildlife. (40M2023, 2023 September 12) BYLAW NUMBER 4M2020 Page 18 of 30 AUTHORITY OF DIRECTOR 21.2 (1) The Director, Waste & Recycling Services is authorized to designate geographic areas in the City as Wildlife Affected Areas based on one or more of the following criteria: (a) reports of problem wildlife in the area; (b) signs of wildlife interacting with waste in the area; or (c) the advice of provincial Wildlife Officers. (2) The Director, Waste & Recycling Services must publish a map of any area of the City designated as a Wildlife Affected Area on the City's website. (3) A designation made under subsection (1) must be done annually and is in effect in the year it is made during the time period that: (a) starts on April 15th, or the date the designation was made if done after April 15th, and (b) ends on November 15th of that year. (40M2023, 2023 September 12) RESIDENTIAL COLLECTION & STORAGE 21.3 (1) The owner of a residential dwelling within a Wildlife Affected Area must: (a) despite subsection 11(7)(a), set out an automated collection container for collection no earlier than 5:00 a.m. on collection day; (b) set out any extra waste under section 12 for collection no earlier than 5:00 a.m. on collection day; and (c) remove the automated collection container from the collection location before 7:00 p.m. on collection day. (2) The owner of a residential dwelling within a Wildlife Affected Area must keep all automated collection containers and all waste in: (a) the garage of a residential dwelling; or (b) another secure enclosure. (3) Subsection (2) above applies at all times except for the day determined by the Director under this Bylaw to be the collection day for that residential dwelling, and on such date subsection (1) applies. (40M2023, 2023 September 12) BYLAW NUMBER 4M2020 Page 19 of 30 PART 8 - ENFORCEMENT ENFORCEMENT 22. The Director, Waste & Recycling Services, may suspend the collection of waste if the owner of a residential dwelling: (a) contravenes a provision of this Bylaw; or (b) engages in harassing, abusive or threatening conduct towards a City collector. 23. The owner of a vehicle involved in an offence set out in this Bylaw is guilty of the offence, unless that vehicle owner satisfies the Court that the vehicle was: (a) not being operated by the owner; and (b) that the person operating the vehicle at the time of the offence did so without the vehicle owner's express or implied consent. 24. Where an Officer, believes a person has contravened any provision of this Bylaw, an Officer may: (a) issue to the person an order in accordance with section 545 of the Municipal Government Act to remedy the contravention; (b) issue to the person a violation ticket in accordance with the Provincial Offences Procedures Act, R.S.A. 2000, c. P-34; or (c) do both (a) and (b) above. (72M2021, 2022 January 01) 25. If the person to whom an order has been issued pursuant to section 24 fails to comply with the order within the time specified in the order: (a) that person commits an offence under this section and an Officer may issue a violation ticket pursuant to the Provincial Offences Procedures Act; and (b) the City may take whatever steps are necessary to remedy the breach of this Bylaw and the cost of doing so becomes a debt owing to the City by the person to whom the order was issued in accordance with the Municipal Government Act. (72M2021, 2022 January 01) 26. Any person who contravenes a provision of this Bylaw is guilty of an offence and is liable on conviction: (a) for a first offence, to the specified penalty shown is Schedule "A" of this Bylaw in respect of that provision; and (b) for a second offence of the same provision within a twenty-four month period, to a fine of twice the amount of the specified penalty shown in Schedule "A" of this Bylaw in respect of that provision. BYLAW NUMBER 4M2020 Page 20 of 30 27. Where, on a prosecution of an offence pursuant to this Bylaw, a person believes a written approval or permission of the Director, Waste & Recycling Services provides that person with a defence, the onus of proving that approval or permission was given rests with the person relying on the permission or approval. 28. The levying and payment of any fine or the imprisonment for any period provided in the Bylaw does not relieve a person from the necessity of paying any fees, charges or costs for which he or she is liable under the provisions of this Bylaw. REPEAL 29. Bylaw 20M2001 is hereby repealed. EFFECTIVE DATE 30. (1) This Bylaw comes into force on the day it is passed. (2) Despite subsection (1), section 12 comes into force on June 1, 2020. READ A FIRST TIME ON FEBRUARY 24, 2020 READ A SECOND TIME ON FEBRUARY 24, 2020 READ A THIRD TIME ON FEBRUARY 24, 2020 (Sgd.) N. Nenshi MAYOR (Sgd.) T. Mowrey ACTING CITY CLERK BYLAW NUMBER 4M2020 Page 21 of 30 SCHEDULE "A" SPECIFIED PENALTIES Section Offence Specified Penalty 5 Scavenge waste $125.00 6 Store waste on other's premises $250.00 7(1) Deposit waste without consent $250.00 8 Allow offensive odours or untidy waste $125.00 10(4) Remove automated collection containers from residential dwelling $125.00 11(1) Fail to appropriately sort waste materials set out for collection $125.00 11(2) Filled automated collection container exceeds 60 kilograms $125.00 11(3) Fail to properly place automated collection containers for collection $125.00 11(4) Fail to properly separate automated collection containers for collection $125.00 11(7)(a) Set automated collection containers out before 7:00 p.m. on the day before collection $125.00 11(7)(b) Fail to remove automated collection containers from front street by 7:00 p.m. on collection day $125.00 13(1) Set out restricted waste for collection $250.00 14(2) Fail to provide adequate containers at a multi-residential development $250.00 14(4) Fail to deposit residential recyclable material and food and yard waste material in containers at multi-residential development $250.00 BYLAW NUMBER 4M2020 Page 22 of 30 14(5) Fail to empty containers at multi- residential development $250.00 14(7)(a) Fail to ensure clear signage posted on waste collection containers $250.00 14(7)(b) Fail to provide information to residents and occupants on proper preparation and storage of waste $250.00 14(8)(a) Occupant of commercial premises fail to provide adequate containers at a multi- residential development $250.00 14(8)(b) Occupant of commercial premises fail to deposit non-residential recyclable material and food and yard waste material in containers at multi-residential development $250.00 14(8)(c) Occupant of commercial premises fail to empty containers at multi-residential development or to ensure recyclable material and food and yard waste material taken to and deposited at designated facility $250.00 14(8)(d) Occupant of commercial premises fail to ensure clear signage posted on waste collection containers $250.00 15(1) Fail to provide adequate containers at a non-residential parcel $250.00 15(3) Fail to deposit non-residential recyclable material and food and yard waste material in containers at non-residential parcel $250.00 15(4) Fail to empty containers at non- residential parcel or fail to ensure non- residential recyclable material and food and yard waste material taken to and deposited at designated facility $250.00 BYLAW NUMBER 4M2020 Page 23 of 30 15(6)(a) Fail to ensure clear signage posted on waste collection containers $250.00 15(6)(b) Fail to provide information to occupants on proper preparation and storage of waste $250.00 17(a) Dispose of improper waste at City disposal site $250.00 17(b) Dispose of improperly packaged waste at City disposal site $125.00 17(c) Scavenge waste at City disposal site $125.00 18 Dispose of industrial waste without a permit $400.00 19 Fail to comply with permit $400.00 20(1) Deposit improper materials at community recycling depot $250.00 20(2) Deposit material beside or around bins at community recycling depot $250.00 20(3) Improperly deposit permitted material at community recycling depot $250.00 20(4) Tamper with, interfere with or damage receptacle or bin at community recycling depot $250.00 20(5) Commercial hauler deposit waste at community recycling depot $250.00 21(1) Deposit improper materials at household hazardous waste depot $250.00 21(2) Deposit hazardous waste generated from a commercial business at household hazardous waste depot $1000.00 BYLAW NUMBER 4M2020 Page 24 of 30 21.3(1)(a) Set automated collection container out before 5:00 a.m. on collection day in a Wildlife Affected Area $250.00 21.3(1)(b) Set extra waste out for collection before 5:00 a.m. in a Wildlife Affected Area $250.00 21.3(1)(c) Leave out automated collection container after 7:00 p.m. on collection day in a Wildlife Affected Area $250.00 21.3.(2) Fail to secure automated collection container or waste in a Wildlife Affected Area $250.00 25 Fail to comply with order $1000.00 (40M2023, 2023 September 12) BYLAW NUMBER 4M2020 Page 25 of 30 SCHEDULE "B" WASTE RATES The rates and charges described in this Schedule are shown for the years 2023, 2024, 2025 and 2026, and shall apply in the calendar year indicated (from January 1 to December 31, inclusive). TABLE 1 DISPOSAL RATES AND CHARGES (Sections 4(1)(a) and (b)) For waste disposed at a City disposal site 2023 2024 2025 2026 Basic Sanitary Waste $113/tonne $113/tonne $113/tonne $113/tonne Minimum charge for loads less than 250 kilograms $25/load $25/load $25/load $25/load TABLE 2 DISPOSAL RATES FOR WASTE MANAGEMENT FACILITY ACCOUNT CUSTOMERS (Section 4(1)(a)) For waste disposed at a City disposal site (Waste Management Facility) 2023 2024 2025 2026 For less than 1,000 tonnes per month $108/tonne $108/tonne $108/tonne $108/tonne For 1,000 tonnes or more per month $100/tonne $100/tonne $100/tonne $100/tonne For 2,000 tonnes or more per month $90/tonne $90/tonne $90/tonne $90/tonne For 3,500 tonnes or more per month $80/tonne $80/tonne $80/tonne $80/tonne TABLE 3 BLACK CART PROGRAM RATE (Section 4(1)(c)) Monthly rates described in Table 3 are based on a thirty (30) day period. The amount billed shall be established by dividing the applicable monthly rate by thirty (30) to derive a daily rate and multiplying the daily rate by the actual number of days in the billing period. BYLAW NUMBER 4M2020 Page 26 of 30 Monthly Rate 2023 2024 2025 2026 Residential Black Cart Program ($ per 30 days) $6.99 $7.13 $7.27 $7.41 TABLE 4 BLUE CART PROGRAM RATE (Section 4(1)(d)) Monthly rates described in Table 4 are based on a thirty (30) day period. The amount billed shall be established by dividing the applicable monthly rate by thirty (30) to derive a daily rate and multiplying the daily rate by the actual number of days in the billing period. Monthly Rate 2023 2024 2025 2026 Residential Blue Cart Program ($ per 30 days) $8.98 $9.16 $9.34 $9.52 TABLE 5 GREEN CART PROGRAM RATE (Section 4(1)(e)) Monthly rates described in Table 5 are based on a thirty (30) day period. The amount billed shall be established by dividing the applicable monthly rate by thirty (30) to derive a daily rate and multiplying the daily rate by the actual number of days in the billing period. Monthly Rate 2023 2024 2025 2026 Residential Green Cart Program $9.03 $9.41 $9.79 $10.17 TABLE 6 GARBAGE TAG FEE (Section 4(1)(d)) 2023 2024 2025 2026 Garbage Tag fee $3.00 $3.00 $3.00 $3.00 (31M2022, 2023 January 01) BYLAW NUMBER 4M2020 Page 27 of 30 SCHEDULE "C" RESIDENTIAL RECYCLABLE MATERIAL The following materials are designated as residential recyclable material: 1. Newspaper 2. Catalogues and magazines 3. Mixed paper 4. Shredded paper 5. Telephone books 6. Boxboard and corrugated cardboard 7. Glass food and beverage containers 8. Metal food and beverage containers 9. Aluminum cans, aluminum foil and aluminum foil plates 10. Refundable beverage containers 11. Plastic containers with the recycling symbols from 1-7, except polystyrene foam (including Styrofoam™) 12. Plastic bags 13. Polycoat and aseptic containers (including Tetra Pak ®). BYLAW NUMBER 4M2020 Page 28 of 30 SCHEDULE "D" NON-RESIDENTIAL RECYCLABLE MATERIAL The following materials are designated as non-residential recyclable material: 1. Newspaper 2. Catalogues and magazines 3. Mixed paper 4. Shredded paper 5. Telephone books 6. Boxboard and corrugated cardboard 7. Glass food and beverage containers 8. Metal food and beverage containers 9. Aluminum cans, aluminum foil and aluminum foil plates 10. Refundable beverage containers 11. Plastic containers with the recycling symbols from 1-7, except polystyrene foam (including Styrofoam™) 12. Plastic bags 13. Polycoat and aseptic containers (including Tetra Pak ®) 14. Ferrous and non-ferrous scrap metals 15. Clear polyethylene film 16. Dimensional lumber, wooden pallets and other items made of raw and unprocessed wood BYLAW NUMBER 4M2020 Page 29 of 30 SCHEDULE "E" FOOD AND YARD WASTE MATERIAL The following materials are designated as food and yard waste material: FOOD WASTE 1. Fruits and vegetables 2. Meat, fish, shellfish, poultry, bones 3. Dairy products (cheese, sour cream) 4. Eggs and egg shells 5. Bread, cereal, crackers and grains 6. Pasta, beans, rice, couscous 7. Cookies, cakes, muffins and pastries 8. Salad dressing, mayonnaise, sauces, dips, gravy 9. Jams, marmalades, chutneys and peanut butter 10. Cooking oils, lard, shortening, butter 11. Coffee grounds, filters and tea bags 12. Chips, popcorn and candy 13. Seeds, pits, nuts and shells FOOD SOILED PAPER 1. Food-soiled paper towels, napkins and tissues 2. Paper plates YARD WASTE 1. Plants, flowers and weeds 2. Leaves 3. Grass clippings 4. Branches (up to 15 cm in diameter), twigs and hedge trimmings BYLAW NUMBER 4M2020 Page 30 of 30 5. Sod 6. Household plants, including soil