Solid Waste Management Bylaw #1764

Claresholm, Alberta · adopted 2023-10-23

This is the exact embedded text of the captured official document. Snapshot 406ea6632c7b · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Claresholm TOWN OF CLARESHOLM PROVINCE OF ALBERTA BYLAW #1764 A Bylaw of the T of Claresholm to outline the provision of Solid Waste Management. WHEREAS Alberta 2000, and safety, health and w provided by or on to the Municipal Government Act, being Chapter M-26 of the Revised Statutes of thereto, a Council may pass bylaws for municipal purposes respecting the of the people, and the protection of people and Premises, nuisances, services of the municipality; AND WHEREAS a system for the coll Municipal GovernmentAct, also provides that a council may pass bylaws to establish 'on, removal and disposal of Garbage and Waste; NOW THEREFO OF ALBERT A, D THE COUNCIL OF THE TOWN OF CLARESHOLM, IN THE PROVINCE Y ASSEMBLED, ENACTS AS FOLLOWS: SECTION l 1.1 This SECTION 2 D may be cited as the "SOLm WASTE MANAGEMENT BYI,AW". ONS 2.1 In ' Bylaw, unless the context otherwise requires: a) means cold residue from the burning of wood, coal and other like material f the purpose of cooking, heating buildings and disposition of waste combustible b) " mated Collection" means the collection of waste by a system of mechanical ' and tipping of receptacles into specifically designed vehicles. c) a medical Waste" means medical waste that requires proper handling and because of environmental, aesthetic, and health and safety concenis as well risks to human health and includes: d) i) Human anatomical waste; ii) Infectious human waste; iii) Infectious animal waste; iv) Blood and body fluid waste; and v) Medical sharps, such as needles, syringes, blades or other clinical laboratory material capable of causing punctures or cuts. evard" means: i) The strip of land between the curb and the sidewalk and between the sidewalk and the property line; ii) Where there is no sidewalk, the strip of land between the curb and the property line; iii) Where there is no curb, the strip of land between the near edge of the road and the property line. e) Waste" means all waste produced in the process of constnicting, lishing, altering or repairing a building and shall include, but not be limited to, vegetation and rock displaced during the process of building. f) Enforcement Officer" means an appointed bylaw officer or Community Enforcement Officer, Peace Officer and Director of hifrastructure of Public orks or the Royal Canadian Mounted Police - Claresholm Detachment. g) AO" means the Chief Administrative Officer of the Town of Claresholm. h) llection Day" means the day which is scheduled by the Director of Infrastructure f municipal collection of solid waste. i) means a person or persons who collect waste wit the Town for and behalf of the Town. j) means the actual curb, if there be one, and if there is no curb in existence, mean the division of roadway between that part intended for the use of vehicles that part intended for use by pedestrians. Solid Waste Management Bylaw I Bylaw #l 764 k) er" means any person, corporation or organization that has entered into a with the Town for utility provision at a particular premise, or who is the o er or occupant of any premises coiu'iected to or provided with a utility. r of Infrastructure" means the Director of Infrastructure appointed to the sanitation department and/or their duly authorized delegated, agent or 1) m) n) o) means waste by-products produced from household and commercial and can be composed of organic and inorganic material. Waste" means any substance or thing that falls within the definition of Waste in Schedule 1 of Alberta Regulation July 6, 1999 192/96, the Waste l Regulation. means a nanow roadway intended chiefly to give access to the rear of and parcels of land. p) means a person or corporation in actual possession of any premises as an owner or tenant. For billing purposes further defined as a person ' with the Town for the domestic supply of utilities to any premises. means any land, building, supplied with utilities by the Town. hared Receptacle Service" means garbage collection services provided to a ' c multi-premise site in Town in which several premises share a waste bin for collection. s) idewalk" means that part of a roadway primarily intended for the use of ' and includes the part lying between the curb line or edge or the roadway the adjacent property line, whether or not paved or improved. t) means a public thoroughfare within the Town and includes, where the so allows, the sidewalk and borders of the street and all parts appearing in the Titles Office as set aside for a public thoroughfare; when used in distinction, it the public thoroughfare on which the premises in question front. u) own" means the coiporation of the Town of Claresholm, or the area contained the boundaries thereof, as the context requires. v) ransient Waste" means any waste material produced at a location other than at building in front of which it is placed for pick up. w) aste" means any discarded household or commercial debris or refuse, which d include Biomedical Waste, Garbage, Hazardous Waste, Wet Garbage or Yard aste. x) y) z) aste Receptacle" means any waste receptacle provided by the Town for collection, specifically marketed to store waste, and excludes bins that meant for other purposes. This includes: i) 96 gallon collection tote (black, grey, or brown); ii) 3 to 6 yard bin; et Garbage" means the kitchen waste containing liquids originating from hotels, houses and restaurants but excludes drained household kitchen waste which been properly packaged. ard Waste" means grass clippings, leaves, brush, twigs, house and garden plants, dust and wood shavings or other similar items as designated by the Director of SECTION 3 3.1 of the Town Ex coll as otherwise provided in this bylaw, the Town shall provide for the public 'on and removal of waste within the limits of the Town and shall supervise the es and equipment necessary or desirable for the management of waste collected or by the Town. 3.2 of the Director of Infrastructure The of Infrastructure shall: the collection, removal and disposal of waste; the days and times that collection shall be undertaken in different portions of the T wn; Bylaw #1 764 c) the quantities and classes of waste to be removed from any premises or by the Town for disposal; Solid Waste Management Bylaw d) 'de which method will be used to collect waste: i) manual collection; ii) automated collection; iii) shared receptacle service; e) the location from which waste will be collected; i) front street collection; or ii) rear lane collection; f) y specify availability of waste collection for commercial pick-up; g) y specify that private waste haulers report the total volume of solid waste to be ed out of the Town's boundaries; h) out any inspections required to determine compliance with this bylaw; i) T any steps or carry out any actions required to enforce this bylaw; j) T any steps to carry out any actions required to remedy a contravention of this 3.3 w es Every within the Town of Claresholm shall receive or shall have use of a waste le in accordance with the following: a) E residential customer, with the exception of those in apartment buildings, will 've a 96-gallon collection tote (black, grey, or brown). b) apartment building will receive a 3 to 6 yard bin for shared receptacle service f the apartment building. c) non-residential customer will receive either a 96-gallon tote or will have access to a 3 to 6 yard bin within close proximity for shared receptacle service depending on preference and/or the Director of Infrastructures discretion based on space convenience for placing a shared bin or curbside tote collection. d) use non-residential customers will have the choice, or on the discretion of the of Infrastructure based on use and volumes of waste materials, to rent their o or multiple, 3 to 6 yard bin solid waste/garbage receptacles. e) 96-gallon tote will have a serial number and be assigned to a specific customer to which bin belongs to whom. The loss or damage of a tote due to neglect, or other cause not of the fault of the Town or its contractors will be replaced billed to the customer as per prices on Schedule "A". If at the fault of the Town the Town's contractor the replacement cost will not be billed to the Customer. 3.4 'on of Waste Materials for Collection No shall set out Waste materials for collection without ensiuing that the Waste have been prepared for collection in accordance with the following: a) Waste material that is to be collected must be: i) acceptable by the Town as per Section 3.6-3.9 ii) contained within the Waste Receptacle, with the lid closed. b) N person shall place Waste materials elsewhere than in the Waste Receptacle. material left beside, or otherwise outside of the Waste Receptacle, will not be ected. c) N person shall place Waste materials for pickup without the permission of the o er or occupant of the premise. d) Director of Infrastructure or their designate reserves the right to withhold ection of Waste materials where the Waste materials do not meet the necessary 3.5 of Waste e a) N person who receives Waste collection shall set out Waste materials or Waste es at locations that are: unsafe, obstructed, blocked by snow or ice, poorly and uneven, or that prevent Collectors from collecting in a safe and cient manner in the opinion of the Director of Infrastructure or their designate. b) e occupant of residential premises shall place Waste Receptacle for collection in a way that collectors shall have access without entering into private property. c) Receptacles will be set out for automated collection next to the curb on the street or, where there is no curb, at the transition from street to boulevard or Bylaw #1 764 Solid Waste Management Bylaw d) cept where in the opinion of the Director of Infrastructure, it is impractical to store aste materials outside of a building, no collector shall make a collection of Waste ' from inside any building. e) Town shall collect Waste materials from only one pick-up point from each premise, cept where the Director of Infrastructure has designated any other pick-up point they 'der necessary. 3.6 and Waste a) b) occupant of premises from which Waste is to be collected shall: i) thoroughly drain all Wet Garbage and place it in a plastic garbage bag before disposing of it in the Waste Receptacle; ii) bag all light, dusty or objectionable materials including cooled ashes, powders, sawdust, vacuum cleaner bags, fumace filters, animal feces and absorbents, and disposable diapers; iii) ensure any spillage from Waste Receptacles is picked up and/or cleaned up within twenty-four (24) hours after scheduled pick-up (if the spillage was not the fault of the Collector). Town shall not remove the following from premises: i) large bulky items such as mattresses, box springs, dressers, tables, chairs, whole shrubs, or discarded heavy machinery; ii) sheet iron, large pieces of scrap metal or machine parts; iii) electronic equipment including televisions, computers, computer monitors, keyboards, and associated cables; iv) Building Waste such as renovation, construction or demolition material; v) stumps, concrete blocks or slabs, soil, rocks or aggregate; vi) transient waste; vii) waste material which has not been placed for collection in accordance with the provision of this bylaw; viii) liquid waste or material that has attained a fluid consistency and has not been drained; ix) any material outside the waste receptacle that is caused by foraging animals or improper storage in accordance with the provision of tbis bylaw; 3.7 Pro Items No shall place or dispose of in a Waste Receptacle for collection or disposal any of the following prohibited items: a) combustible or explosive materials including but not limited to liquid or solid gunpowder, ammunition or explosives; b) t ashes which are not properly quenched and appear to be hot or likely to cause a e) propane or butane cylinders; 'c or household hazardous waste including solvents, oven cleaners, paints, 've fluids, wet cell batteries, pesticides, herbicides, or any material referred to as household, commercial, or industrial hazardous waste; 'cal waste including hypodermic needles or syringes, lancets or any sharp used in home medical care; animals and animal parts from hunting or trapping; 'c tank purnpings, raw sewage, or industrial sludge; 'oactive waste; 3.8 Wet shall remove wet garbage from any hotel, boarding house, restaurant or retail lesale food outlet within the Town for use as food for swine or other livestock under the authority of permits issued by the Environmental Health Inspector. 3.9 Buil Materials and Construction Waste a) person carrying out the construction, demolition or alteration of buildings or other ding operations on any property shall do so in such a manner as to not permit ding material or Building Waste material to remain loose, free or uncontrolled on property. A:J Bylaw #1 764 Solid Waste Management Bylaw 4 b) c) main contractor on the building site shall be responsible for the actions of any or tradesman who fail to comply with subsection a). building material or Building Waste material which blows free from the building shall be recaptiu"ed, returned to the building site and deposited in a waste le. d) e) f) main contractor on a building site shall be responsible for the term of the ' in providing a suitable waste receptacle capable of receiving all Building material and maintaining the same in a safe contained manner. the contractor is working on more than one building site and they are oining, he may provide one (1) Building Waste receptacle for each three (3) ding sites. main contractor on a building site shall be responsible for having all unused ' material and Building Waste material disposed of in the landfill or area. g) Director of Infrastnicture may direct the person carrying out the constniction or 'on of a building to provide a fence of a type that will trap any building in such a maru'ier as to prevent it from escaping from the building site. 3.10 Coll 'on Schedules a) Town shall collect Waste from each residential premise once a week. b) Waste that is stored in, a Waste Receptacle may be collected by the Town at the of Infrastructure's discretion. c) Director of Infrastructure may stipulate a different Waste collection schedule for following establishments: i) hotels, restaurants and apartment houses; ii) business and professional offices; iii) retail and wholesale merchants; iv) other commercial premises, whether similar or dissimilar; v) industrial premises; and vi) agricultural and irrigated areas. d) the Town does not collect Waste at a premise listed in 3.9(c), the property o er or occupant, either by contractors, agents or by employees, shall remove and of the waste in compliance with all applicable federal, provincial and 'cipal laws and shall provide the Town with a copy of the contract between the o and the service provider. e) aste Receptacles shall not be set out for collection prior to 7:00pm the evening of day prior to the collection day, and must be placed at collection points no later 7:00am on the scheduled collection day. f) Waste Receptacles must be removed from the street or lane by 8:00pm on the llection day and stored on the property when not in use. 3.11 T 'on of Waste No encl such shall convey through any street in the Town any Waste except in a properly receptacle or in a vehicle which is covered with canvas or tarpaulin, or secured the contents are protected from being wind borne or falling on the streets. 3.12 to Private Roads and Infrastructure The site coil wn will not be responsibIe for any damage to roads or infrastructure on a private ' from legitimate operation of Waste collection vehicles during Waste 'on activity at that private site. 3.13 0ther visions a) It be unlawful for any person to dump Building Waste or other Waste material ere within the limits of the Town of Claresholm, except in the location by the Director of Infrastructure and approved in writing by the Director o Infrastructure. b) person, other than the occupant of the premise or the Collector, shall pick over, ve, disturb, or otherwise interfere with any waste material that has been set out f collection. c) person shall place residential or commercial Waste in a public litter container. d) person shall bum household refiise, buniable debris, or prohibited debris in any lace or fire pit within the Town. ]:f Bylaw #1764 Solid Waste Management Bylaw 5 Town reserves the right to withhold collection of improperly prepared Waste, hibited Waste, excessive quantities of Waste, or Waste located at unsafe or non- liant set-out locations. f) e occupant shall keep the curb and gutter at the front of the premises in a clean and ti condition. 3.14 for Collection and Waste for Waste removal by the Town are stipulated in Schedule "A". Director of Infrastructure shall cause such measurements to be made and records be maintained as he/she deems necessary to estimate or determine the volume of aste removed from any premises and on the basis of such measurements and shall establish the monthly charge to be levied on any occupier or ' hauler. The Director of Infrastructure on being satisfied that any estimate to be amended may establish new charges. conditions exist which could require the application of a different rate, such will be stipulated by the Director of Infrastructure. fee for additional Waste collection shall be set out per Schedule "A". 3.15 on Any who contravenes a provision of this bylaw is guilty of an offense and is liable of a not exceeding one thousand dollars ($1,000.00) and not less than seventy-five do ($75.00). 3.l6Vio Tickets and Penalties a Bylaw Enforcement Officer and/or the Director of Infrastructure believes on le and probable grounds that a person has contravened any provision of this , he may serve upon such person a violation tag provided by this section: i) either personally on the premises or by Ieaving it for the occupant at their residence with a person on the premises who appears to be at least eighteen (18) years of age or by registered mail, and such service shall be adequate for the purpose of this bylaw. ii) A violation tag shall be in such form as determined by the Town of Claresholm and shall state the section of the bylaw which was contravened and the amount which is provided, that will be accepted by the Town in lieu of prosecution. iii) Upon production of violation tag issued pursuant to this section within fourteen (14) days from the issue thereof together with the payment to the Town of Claresholm of the fee as provided, the person to whom the tag was issued shall not be liable for prosecution for the contravention in respect of which the tag was issued. iv) Notwithstanding the provision of this section, a person to whom a tag has been issued pursuant to this section may exercise his right to defend any charge committing a contravention of the provisions of this bylaw. b) specified penalty payable in respect of a contravention of a provision of this w is the amount shown in Schedule "B" in respect of that provision. c) minimum penalty payable in respect of a contravention of a provision of this is the amount shown in Schedule "B" in respect of that provision. d) otwithstanding Section 3.16: i) where any person contravenes the same provision of this bylaw more than once within an eighteen month (18) period, the specified penalty payable in respect of the subsequent contravention is doubled the amount shown in respect of that provision; and ii) where any person contravenes the same provision of this bylaw three or more times within one twelve (12) month period, the specified penalty payable in respect of the third or subsequent contravention is triple the amount shown in respect of that provision. 3.17 liance with Other on No law 'on of this bylaw relieves a person from complying with any federal or provincial regulation other bylaw or any requirements of any lawful permit, order, consent or direction. 6 Bylaw #1764 Solid Waste Management Bylaw 3.18 ValidityofBylaw Every xovision of this bylaw is independent of all other provisions, if any provision of this bylaw is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this bylaw shall remain valid and enforceable. SECTION 4 RESCINDED 4.1 0n the passing of this bylaw, Bylaw 1548, along with amending Bylaw 1722 are hereby rescinc ed SECTION 5 PASSAGE OF BYLAW 5.1 This Bylaw shall come into effect upon passage of Third Reading. Read a first time in Co-.incil this I0th day of October 2023 A.D. Read a second time in Council this 23rd day of Oc(Ober 2023 A.D. Read a third time in Ccuncil and finally passed in Council this 23rd day of October 2023 A.D. )'< -ex 'xY,9 a ' s'- N@," - ' Brad Schlossberger, Mayor S 5, ey, CAO Bylaw #1 764 Solid Waste Management Bylaw SCHEDULE " A" Fees EFFECTIVE JAN 1 2024" 2025 2026 2027 COMMERCIAL S.ERVICES (Monthly) aThree (3) to Six (6) cubic yard garbage container rental Cornrnercial Bin Co..lection (per weekly collection) Commercial Tote (96 gallon) Collection RESmENTIAL SP,'RVICES (Monthly) Residential Dwellings 96 GALLON TOTE REPLACEMENT FEE $35.00 $36.05 $37.13 $38.25 $35.00 $36.05 $37.13 $38.25 $24.00 $24.72 $25.46 $26.23 $13.50 $13.91 $14.32 $14.75 $100.00 $100.00 $100.00 $100.00 SPRING CLEAN{JP - Commercial three (3i or four ('D $30.00 $30.90 $31.83 $32.78 cubic yard garbage container rental for 1 week with a single availability of bins) *2024 rate is effective on date this bylaw comes into effect. SCHEDULE "B" Penalties Section Description Ist Ind Offence Offence 3.4 Preparation of Waste Material for Collection, including overfilled Waste RecepU.cle (lid doesn't close), or waste mate a outside of the Waste Receptacle. Gallon Tote Service Yard Bin Service $75 $150 $150 $300 3" & Subsequent Offences $225 $450 3,5 Locatioin of Waste Receptacle for $75 3.7 $200 $75 Bylaw #1 764 Solid Waste Management Bylaw $150 $400 $150 $225 $600 $225 8