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Office Consolidated Version dated: April 29, 2025
OFFICE CONSOLIDATION
of
Bylaw 2024-41
Waste Management Bylaw
This document is consolidated into a single publication
for the convenience of users. The official Bylaw and all
amendments thereto are available from the Legislative
Services Supervisor and should be consulted in
interpreting and applying this Bylaw. In case of any
dispute, the original Bylaw(s) must be consulted.
For easy reference the amending Bylaw Numbers are
listed with a brief description.
Printed by the Legislative Services Manager, by the
authority of Town Council.
Waste Management Bylaw
Consolidated
Bylaw 2024-41
Includes Amending Bylaws:
Bylaw #
Description/Purpose
3rd Reading Date
2025-108
Amendments to:
-
remove the Fees Schedule (Schedule "A") from the bylaw
(for inclusion in the 2025 Rates and Fees Bylaw);
-
implement bi-weekly garbage collection (effective May 1,
2025)
-
transfer recycling collections to the Province of Alberta
-
update section 13 to clarify how the Town will handle
billing errors, service interruption or delay, non-receipt of
utility bill, requirement for commercial, Industrial or
public sector premises to dispose of all waste,
March 19, 2025
2025-116
Amendments to:
-
Define "Non-Profit Premises" and include the
provisions for Non-Profit Waste Collection
-
Clarify provisions for "Commercial, Institutional and
Industrial Waste"
April 16, 2025
Elected Official Initial _______
CAO Initial _______
BYLAW 2024-41
BEING A BYLAW OF THE TOWN OF DIAMOND VALLEY IN THE PROVINCE OF ALBERTA, TO ESTABLISH
AND REGULATE THE COLLECTION, DISPOSAL AND HANDLING OF WASTE, RECYCLABLE AND
COMPOSTABLE MATERIALS WITHIN THE TOWN OF DIAMOND VALLEY
WHEREAS pursuant to the Municipal Government Act, RSA 2000, Chapter M-26 as amended, a municipal
Council has authority to govern and the authority to pass bylaws respecting the municipality, including services
provided by or on behalf of the municipality;
AND WHEREAS the Council of the Town of Diamond Valley deems it desirable to pass a bylaw to establish and
maintain a Waste management system and to operate this system as a public utility;
THEREFORE, BE IT RESOLVED THAT the Council of the Town of Diamond Valley, duly assembled in Council
Chambers in Diamond Valley, Alberta, enacts as follows:
1.0
TITLE
1.1
This bylaw may be cited as the 'Waste Management Bylaw'.
2.0
INTERPRETATION AND DEFINITIONS
2.1
In this bylaw and any schedules to this bylaw, the following terms, phrases, words and their derivations
shall have the following meanings:
a)
Alley means a Street or lane intended primarily for access to the rear yard of a Premises.
b)
Automated Collection means the collection of Waste materials by a system of mechanical
lifting and tipping of containers into specially designed vehicles.
c)
Bin means any container provided for the collection and storage of commercial, industrial,
institutional or Construction Waste material but does not include a Residential Waste collection
Cart.
d)
Bylaw Tag means a notice of contravention of this bylaw issued in accordance with section 14
of this bylaw.
e)
CAO means the Chief Administrative Officer of the Town of Diamond Valley.
f)
Cart means a Residential Waste collection Cart, owned and assigned by the Town, to a
Premises for the purpose of containing and collecting Residential Waste material including a
separate Cart for Garbage, Recyclable Materials and Organic Waste.
g)
Collector means a Person who collects Waste material within the Town as an agent, contractor
or employee of the Town.
h)
Collection Point means a location where Waste material is placed for collection by the
Collection Utility.
i)
Collection Rates and Fees means the Residential Waste collection and disposal fee as set out
in the Town of Diamond Valley Rates and Fees Bylaw.
j)
Collection Utility means the system for collecting and disposing of Waste material provided by
the Town.
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k)
Commercial Premises means:
i.
any Premises that are designated as 'commercial' under the Town's Land Use
Bylaw, including stores, cafés, restaurants, wholesale or retail business places,
offices, mixed use and multi-unit Premises including apartments, townhouses, etc.;
and
ii.
mixed-use buildings that include uses designated as 'commercial' under the Town's
Land Use Bylaw.
l)
Commercial Waste means Waste material produced by or emanating from a Commercial
Premises.
m)
Construction Waste means Waste materials produced in the process of constructing, altering,
renovating, repairing or demolishing a building or Premises including earth, vegetation and rock
displaced.
n)
Council means the Council of the Town of Diamond Valley.
o)
Curbside means a side of a Street bordered by a curb.
p)
Disposal Site means a sanitary landfill or other site approved by Alberta Environment for
receipt, processing and disposal of Waste material.
q)
Garbage means Residential Waste materials that are deposited in a landfill but does not
include construction, biomedical, hazardous Waste, recyclable or organic materials.
r)
Highway means a Highway as defined in the Traffic Safety Act, RSA 2000, Chapter T-6.
s)
Industrial Premises means any Premises that carry on industrial activities including the
manufacturing, processing, assembling, cleaning, repairing, servicing, testing, storage,
warehousing, distribution or shipment of materials, goods, products or equipment.
t)
Industrial Waste means all Waste material produced by or emanating from an Industrial
Premises.
u)
Institutional Premises means any Premises that carry on institutional activities including
nursing homes, daycare facilities, hospitals, educational or correctional facilities.
v)
Institutional Waste means all Waste material produced by or emanating from an Institutional
Premises.
w)
Manager means a Person who acts as an agent for the Owner and/or Occupants in managing a
Premises and includes a condominium corporation or housing cooperative.
x)
Multi-residential Premises means a building or complex consisting of more than four (4)
dwelling units, and includes:
i.
apartment buildings where dwelling units share entrance facilities;
ii.
townhouses;
iii.
condominium properties registered under the Alberta Condominium Property Act, RSA
2000, Chapter C-22; and
iv.
housing cooperatives held by a cooperative housing association registered under the
Alberta Cooperatives Act, RSA 2001, Chapter C-28.1.
x.1)
Non-Profit Premises means any Premises that primarily operates as a religious or charitable
organization or as an organization that is listed on the Alberta Non-Profit Listing.
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x.2)
Non-Profit Waste means all Waste material produced by or emanating from a Non-Profit
Premises.
y)
Occupant means a Person using, occupying or in possession of a Premises.
z)
Organic Waste means Waste material of animal or plant origin that is compostable, from
gardening or horticultural activities and includes grass, leaves, plants, tree and hedge clippings,
but excludes tree limbs, trunks and roots, sod, whole shrubs or bushes and any diseased plants
or identified as invasive or noxious or prohibited weed by the Weed Control Act, RSA 2008,
Chapter W-5.1.
aa)
Owner means an Owner as defined in section 1(1) of the Municipal Government Act, RSA
2000, Chapter M-26.
bb)
Peace Officer means an individual engaged by the Town as a Community Peace Officer or a
Bylaw Enforcement Officer, a Peace Officer as defined in the Peace Officer Act, RSA 2006,
Chapter P-3.5, or a member of the Royal Canadian Mounted Police (RCMP).
cc)
Person means any individual, partnership, corporation, company, society or government entity.
dd)
Plastic Bag means a sturdy Plastic Bag to store Waste for collection.
ee)
Premises means land, buildings or both, or a portion of either, occupied or used for any
purpose within the Town.
ff)
Private Service Provider means an appropriately licensed Person that collects, transports and
disposes of Waste material.
gg)
Program Fee means the fee established for the operation of Residential Waste material
programs, as set out in the Rates and Fees Bylaw.
hh)
Prohibited Materials means the materials listed on the Town website.
ii)
Provincial Offences Procedures Act means the Provincial Offences Procedures Act, RSA 2000,
Chapter P-34.
jj)
Rates and Fees Bylaw means the Town of Diamond Valley Rates and Fees Bylaw, as amended
or replaced from time to time.
kk)
Recyclable Materials means those materials determined by the Town from time to be
acceptable through the Town's recycling programs and generally accepted to be recyclable
in the Province of Alberta.
ll)
Residential Premises means a house, duplex, fourplex or other building occupied for residential
purposes, but does not include a Multi-residential Premises.
mm) Residential Waste means Waste of a domestic nature generated through ordinary day-to-day
activities of the Occupants of a Residential Premises and does not include Construction Waste
or materials generated as a result of landscaping, installation or removal of lawns or sprinkler
systems, installation or removal of concrete or asphalt, or automotive or recreational vehicle
work of any kind.
nn)
Street means a Highway which provides access to the front of adjacent Premises.
oo)
Town means the municipality of the Town of Diamond Valley in the Province of Alberta, or
where the context so requires, its municipal boundaries.
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pp)
Unit of Waste means the amount of Residential Waste which fits into one (1) Residential Waste
collection Cart in accordance with this bylaw.
qq)
Violation Ticket means a violation ticket as defined in the Provincial Offences Procedures Act.
rr)
Waste means Garbage, refuse or unwanted material including recyclables and organics.
2.2
The headings in this bylaw do not form part of this bylaw and shall not affect its interpretation.
2.3
Any references in this bylaw to any Statutes are to the Province of Alberta Statutes as amended or
replaced from time to time and any amendments thereto.
2.4
Whenever the singular or masculine form of a word is used in this bylaw, it shall include the plural,
feminine or neutral form of the word as the context so requires.
2.5
The word 'may' when used in this bylaw shall be construed as permissive and empowering, and the
word 'shall' when used in this bylaw shall be construed as imperative.
3.0
AUTHORITY AND DELEGATION OF POWERS
3.1
The Town has the power and authority to do all things necessary for the general maintenance,
management, and operation of the Waste management system.
3.2
Council authorizes the Chief Administrative Officer to:
a)
approve and set specifications for residential Carts and non-residential Bins, Waste containers
and garbage bags;
b)
specify the quantities and types of Waste eligible for collection;
c)
determine the time and frequency of Waste collection;
d)
make and execute agreements on behalf of the Town for collection and disposal services;
e)
grant approvals and permissions as set out in this bylaw;
f)
collect the rates or fees payable pursuant to this bylaw and enforce payment of those rates or
fees using any means lawfully available; and
g)
enforce the terms and conditions under which the Collection Utility is supplied, including the
terms and conditions set out in this bylaw and any agreement authorized by this bylaw.
3.3
The CAO has the authority to direct that Waste be set-out in a manner that varies from the provisions
of this bylaw, if in the opinion of the CAO, the exception or direction is reasonably required to
necessary to promote:
a)
efficiency in collection of Waste;
b)
the safety of residents, motorists, pedestrians and Collectors;
c)
the safe and efficient use of Automated Collection trucks; or
d)
the protection of the environment.
4.0
TOWN COLLECTION AND REMOVAL OF WASTE MATERIAL
4.1
The Town or its agent(s) shall collect Residential Waste material in accordance with this bylaw.
4.2
The Town may agree to collect or accept Waste material in accordance with this bylaw.
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4.3
The Town shall be under no obligation to collect, accept or dispose of any Waste or other materials or
substances which do not comply with this bylaw or are not set out for collection or otherwise
provided to the Town in accordance with this bylaw.
4.4
All residents will be required to subscribe to the Town's Waste management (Garbage, recycle and
Organic Waste) collection service and will be subject to the rates as established in the Rates and Fees
Bylaw, unless excluded in this Bylaw.
5.0
PROHIBITIONS
5.1
No Person shall deposit:
a)
Prohibited Materials as listed on the Town website,
b)
hazardous Waste as defined in the Environmental Protection and Enhancement Act, RSA 2000,
Chapter E-12,
c)
dangerous goods as defined in the Dangerous Goods Transportation and Handling Act, RSA
2000, Chapter D-4,
d)
biomedical Waste as defined in the Waste Control Regulation, AR 192/1996,
e)
industrial, commercial, institutional or Construction Waste, or
f)
any ashes, which have not been properly extinguished,
at any Collection Point, in any collection Bin or Cart, or otherwise set out such material for collection
by the Town.
5.2
No Person shall place any Waste or other materials or substances in any collection Bin or Cart or at
any Collection Point assigned to a Premises unless that Person is the Owner or Occupant of such
Premises, and the materials or substances are contained within a Cart in accordance with this bylaw.
5.3
The Owner or Occupant of a Premises shall ensure that Waste stored or set out for collection does
not create offensive odours or become untidy.
5.4
No Person shall scavenge, tamper or interfere with any Waste material set out for collection by the
Town from a Premises or any collection Cart or commercial Bin.
5.5
No Person shall hinder or interrupt or cause another Person to hinder or interrupt the Town or its
contractors, servants, agents or employees in the exercise of powers and duties under this bylaw.
5.6
No Person shall store, deposit or dispose of any Waste or recyclable material on any Street, Highway
or any other lands. Anyone dumping materials outside of the landfill is subject to a fine as described
in Schedule "A" of this bylaw.
5.7
No Person shall burn any Waste in an open fire, outdoor fire pit or any burning apparatus outdoors
within the Town.
5.8
No Person shall sweep or place dust, debris, or Waste into the gutter or onto a Street.
5.9
Animal carcasses or parts thereof shall be treated as hazardous Waste and managed in accordance
with Section 5.10.
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5.10
All hazardous Waste must be disposed of by the Owner in accordance with the federal and provincial
legislation and regulations regarding the handling of such Waste, unless otherwise authorized by the
CAO.
6.0
RESIDENTIAL WASTE COLLECTION SERVICES
6.1
The Town may enter into contracts:
a)
for the collection on behalf of the Town of the whole or a portion of the Waste to be collected
by the Town pursuant to the provisions of this bylaw; and
b)
for the collection of Waste that the Town is not otherwise obligated to collect pursuant to the
provisions of this Bylaw.
6.2
The Town and/or a Town-approved contractor may provide the necessary vehicles for the public
collection and removal of Waste within the limits of the Town and on all properties owned by the
Town.
6.3
The Town and/or a Town-approved contractor may provide, supervise and operate the facilities
necessary or desirable for the disposal and/or processing of Waste collected or removed by the Town.
6.4
The Town and/or a Town-approved contractor may supervise the collection, removal, and disposal of
Waste and:
a)
direct the days and times that collection shall be made in different areas of the Town; and
b)
decide on the quantities and classes of Waste that will be accepted by the Town for collection,
disposal and/or processing from eligible residential households.
7.0
RESIDENTIAL WASTE COLLECTION CARTS (carts)
7.1
All Carts shall be assigned to a Residential Premises and becomes the responsibility of the Owner of
the Premises. All Carts remain the property of the Town.
7.2
Any Cart which is deemed by the Manager of Public Works or their designate, to have been damaged
by the Town during the collection of Waste will be replaced by the Town at its cost.
7.3
Any Carts that have been lost, stolen or damaged by any party, Person or event other than as
outlined in section 7.2 above, will be replaced by the Town and the cost be invoiced to the Owner of
the Premises. Exceptional circumstances may be addressed by the Town on a case-by-case basis.
7.4
All newly constructed Residential Premises requiring Carts shall make application to the Town with
their development permit and the Carts will be delivered by the Town within one week of possession
unless a builder requests an earlier delivery date. The builder is required to purchase collection Bins
at the cost listed in the Rates and Fees Bylaw.
7.5
When a Premises is sold, the Carts shall remain at the Premises.
7.6
The Town shall provide to each Residential Premises:
a)
one (1) Waste collection Cart for Garbage (black);
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b)
one (1) recycle Cart (blue) for acceptable materials as listed on the Town website;
c)
one (1) compost Cart (green) for acceptable materials as listed on the Town website.
7.7
The Owner or Occupant of a Premises shall ensure that the Waste collection Cart assigned to that
Premises:
a)
is not filled higher than the upper rim of the Cart or in such a manner which prevents full
closure of the Waste collection Cart lid;
b)
does not have the contents compressed in such a manner that the Waste material does not fall
freely from the Cart during the regular tipping process during Automated Collection;
c)
does not contain any material which might adhere to the inside of the Cart which is not
properly wrapped in accordance with this bylaw;
d)
is maintained in good repair and in a reasonably clean and sanitary condition;
e)
is stored on the Premises from which the Cart is assigned and does not encroach upon or
project over any Highway or public place except when placed on such Highway for the purpose
of collection under this bylaw; and
f)
is stored with the lid closed.
8.0
PLACEMENT OF RESIDENTIAL WASTE MATERIALS FOR COLLECTION
8.1
The Owner or Occupant of a Premises shall ensure that the Cart's assigned to that Premises is set out
for collection as follows:
a)
in such a manner that Automated Collection may occur without Collectors being required to
manually move the Cart to allow pick up;
b)
ensure the lid on the Cart is completely closed;
c)
where a household is required to be served on the Street, as per approved collection routes,
the Carts shall be placed with the wheels facing the curb and sufficient clearance from any
obstacles such as vehicles, utility boxes, etc.;
d)
carts must not be placed on the sidewalk or in such locations as to interfere with vehicle and/or
pedestrian traffic;
e)
carts must be placed on a level surface no more than 15 cm (6 inches) above the road
elevation;
f)
carts must be placed for collection in a way that they cannot be easily tipped over;
g)
where a household is required to be served by an Alley as per approved collection routes, all
Carts from such household units shall be placed within the Alley adjacent to the property line
with sufficient clearance (1 meter or 3 feet) between Carts and from any obstacles such as
vehicles, fences, buildings, utility boxes etc.
8.2
The Owner or Occupant of a Premises shall ensure that the Carts assigned to that Premises:
a)
are set out for collection at the Collection Point by 7:00 am on the assigned day of collection
(carts may be set out after 6:00 pm on the night before the collection day); and
b)
all emptied Carts must be cleared from any Alley or road by 10:00 pm on their assigned
collection day.
8.3
The Owner or Occupant of a Premises shall ensure that the Carts assigned to that Premises are placed
out for collection in a location where it can be accessed for collection without entering or passing
through any buildings.
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9.0
PROVISION OF RESIDENTIAL AND NON-PROFIT WASTE COLLECTION
9.1
Residential Waste Collection - EFFECTIVE MAY 1, 2025
9.1.1
The Town, or its agents, shall collect:
a)
one (1) unit of residential Garbage from each Residential Premises bi-weekly, unless
excepted in accordance with section 9.1.2 of this Bylaw;
b)
one (1) unit of residential recycle materials from each Residential Premises per week;
c)
one (1) unit of residential organic materials from each Residential Premises as set out
in section 9.4.2(a) of this bylaw.
9.1.2
The Owner or Occupant of a Premises requiring an additional Garbage Cart, may make
application for the additional Cart, by contacting the Town. The application process is
subject to specific criteria and if successful, the additional Cart fee will be charged to the
Owner or Occupant's utility account.
9.2
Residential Garbage Collection
9.2.1
The Owner or Occupant of a Premises shall ensure that all Residential Waste material placed
at the Collection Point for that Premises is:
a)
placed in a Plastic Bag which is then placed in the Cart;
b)
thoroughly drained and securely wrapped in sufficient paper to absorb any moisture;
and
c)
is double bagged if such Residential Waste includes light, dusty or objectionable
materials, including powders, vacuum cleaner bags, furnace filters, absorbent pads
and disposable diapers.
9.2.2
The Owner or Occupant of a Premises shall ensure that all spillage originating from the Cart
assigned to that Premises and all spillage of Waste or other substances at the Collection
Point for that Premises is promptly cleaned up.
9.2.3
Unless special arrangements are authorized by the CAO, the Town and/or a Town approved
contractor will not collect from any eligible residential household:
a)
more than one (1) unit of residential Garbage per household per collection cycle;
b)
Garbage in any Waste receptacle or container that is not an official Cart;
c)
Garbage in a Cart that is loose or not contained in a bag;
d)
Garbage in a Cart which together with the Cart exceeds the manufacturer's load
rating for a 240-litre Cart -109 kilograms (240 pounds);
e)
where any item(s) is/are placed on top of the lid;
f)
a Cart that contains the following material:
− recyclable material that is accepted in the residential recycling Cart
− Organic Waste that is accepted in the Town's Organic Waste Cart
− yard Waste that is accepted in the Town's Organic Waste Cart
− loose Garbage
− trade Waste
− Industrial Waste
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− Institutional Waste
− engine oil, oil filters or grease
− tree trunks, tree limbs, sod,
− discarded furniture, automobile parts, tires, and other household appliances or
equipment
− fences, gates, or other such fixtures
− building Waste
− dead animals
− Waste that is unsafe for the Collector to access or handle, or
− Waste that could cause environmental impairment.
9.3.
Residential Recycling Collection
9.3.1
Subject to the provisions of provincial statutes or regulations regarding the collection,
transport and disposal of recyclable material, the Province of Alberta and/or its contractors
shall collect recyclable material from each eligible residential household to the recycling
collection service.
9.3.2
The Province of Alberta or its approved contractor will not collect from any eligible
residential household:
a)
more than one (1) unit of residential recycling materials per household per week;
b)
recyclable material in any Waste receptacle or container that is not an official Cart;
c)
recyclable material in a Cart which together with the Cart exceeds the manufacturer's
load rating for a 240-litre Cart -109 kilograms (240 pounds);
d)
recyclable material in a Cart where any item(s) is/are placed on top of the lid.
9.4
Residential Organic Waste Collection
9.4.1
Subject to the provisions of this bylaw, and subject to any federal or provincial statutes or
regulations regarding the collection, transport and disposal of Organic Waste, the Town
and/or contractor of the Town in accordance with the dates authorized by the CAO, shall
collect Organic Waste from each eligible residential household weekly or bi-weekly.
9.4.2
The Town and/or a Town-approved contractor will not collect from any eligible residential
household:
a)
more than one (1) unit of residential Organic Waste per household
i.
per week from April 1 to October 31, and
ii.
bi-weekly from November 1 to March 31;
b)
Organic Waste in any Waste receptacle or container that is not an official Cart;
c)
Organic Waste in a Cart which together with the Cart exceeds the manufacturer's load
rating:
i.
120 litre Cart - 59 kilograms (130 pounds);
ii.
240 litre Cart - 109 kilograms (240 pounds)
d)
Organic Waste in a Cart where any item(s) is/are placed on top of the lid;
e)
yard Waste that is not contained within an Cart;
f)
a residential Organic Waste Cart that contains the following material:
i.
any materials that are not Organic Waste as identified in this bylaw;
ii.
dead animals that are not animal carcasses or bones from human consumption;
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iii.
personal hygiene and/or medical items; or
iv.
materials that are unsafe for the Collector to access or handle.
9.5
Non-Profit Waste Collection
9.5.1
The Town, or its agents, shall collect:
a)
not more than one (1) unit of Garbage from each Non-Profit Premises bi-weekly; and
b)
not more than one (1) unit of organic materials from each Non-Profit Premises, as set
out in section 9.4.2(a) of this bylaw.
9.5.2
Non-Profit Premises are not eligible for Recycling collection by the Province of Alberta.
9.5.3
Non-Profit Premises shall have Organic Waste collected weekly or bi-weekly, in accordance
with section 9.4.2 of this bylaw.
9.5.4
The Owner or Occupant of a Premises shall ensure that all spillage originating from any Cart
assigned to that Premises and all spillage of Waste or other substances at the Collection Point
for that Premises is promptly cleaned up.
9.5.5
The Town and/or a Town-approved contractor will not collect from any Non-Profit Premises:
a)
more than one (1) unit of Garbage per collection cycle;
b)
Garbage in any Waste receptacle or container that is not an official Cart;
c)
Garbage in a Cart that is loose or not contained in a bag;
d)
Garbage in a Cart which together with the Cart exceeds the manufacturer's load rating
for a 240-litre Cart - 109 kilograms (240 pounds);
e)
where any item(s) is/are placed on top of the lid;
f)
a Cart that contains the following material:
− recyclable material
− Organic Waste that is accepted in the Town's Organic Waste Cart
− yard Waste that is accepted in the Town's Organic Waste Cart
− loose Garbage
− trade Waste
− Industrial Waste
− Institutional Waste
− engine oil, oil filters or grease
− tree trunks, tree limbs, sod,
− discarded furniture, automobile parts, tires, and other household appliances or
equipment
− fences, gates, or other such fixtures
− building Waste
− dead animals
− Waste that is unsafe for the Collector to access or handle, or
− Waste that could cause environmental impairment.
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10.0
COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL WASTE
10.1
The Owners of Multi-residential Premises, Commercial Premises, Institutional Premises or Industrial
Premises that have been deemed ineligible to be included as part of the Town's collection system
shall provide, at their own expense, for the use of the Occupants or users of each Premise, a sufficient
number of commercial bulk lift containers of the type designated below to hold at least one (1) week
of accumulation of Waste for collection by a Private Service Provider.
10.2
All Town-owned or operated buildings and facilities shall have their Waste removed per the regular
collection cycle, by Town Collectors or by Collectors engaged by the Town to provide such service.
10.3
Trade Waste from commercial and industrial properties, as well as building sites, shall be the
responsibility of the Owner, renter or contractor to have removed at their own expense by a Private
Service Provider.
10.4
When a dwelling also contains a commercial or industrial establishment that generates trade Waste,
such trade Waste shall be removed at the expense of the Owner, unless otherwise authorized by the
Town.
10.5
Any commercial, industrial property or Multi-residential Premises which does not have its Waste
removed in a manner satisfactory to the Town shall be charged for costs incurred by the Town to
have the Waste removed. If the bill is not paid, the charges shall be collected by whatever lawful
means available.
10.6
Waste from buildings owned by the Provincial or Federal Governments, Institutional Premises,
schools and Multi-residential Premises shall be the responsibility of the Owner to have removed and
disposed of at their own expense by a Private Service Provider.
10.7
The Owner of Commercial Premises must ensure Waste generated at the Premises is set out in a
Commercial Waste Bin for collection.
10.8
The Owner of Commercial Premises must ensure sufficient Commercial Waste Bins are available to
hold and retain all Waste from the Premises.
10.9
The Owner of Commercial Premises using Commercial Waste Bins must ensure that:
a)
the Bins are located in a central place that allows direct vehicular access to the Bins;
b)
snow and ice does not accumulate near the Bins such that vehicle access to the Bins is
impeded.
10.10
The Owner of Commercial Premises shall ensure there are sufficient litter receptacles on the
Premises.
10.11
The Owner of Commercial Premises shall ensure that all litter receptacles on the Premises are:
a)
maintained in good condition;
b)
weighted or anchored so they cannot be inadvertently overturned;
c)
of suitable size and at sufficient locations to discourage litter; and
d)
emptied into a commercial Bin, Waste container, or plastic Garbage bag when full.
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11.0
ACCUMULATION OF WASTE AND RECYCLABLE MATERIALS
11.1
Except as authorized pursuant to this bylaw, an Owner or Occupant of any Premises shall not dispose
of, or allow Waste material to accumulate:
a)
on their Premises except inside a building;
b)
inside a portion of the building to which the public or part of the public has access; or
c)
on any vacant land.
11.2
Where an Owner fails to have Waste removed and disposed of in accordance with the terms of this
bylaw, the Town may:
a)
proceed to have the Waste collected, removed and disposed of at an approved Disposal Site;
and
b)
charge the Owner for the costs of so doing.
12.0
CONSTRUCTION WASTE
12.1
The Owner or Occupant of a Premises producing Construction Waste shall:
a)
provide and maintain on the Premises in good condition, a sufficient number of containers or
commercial Bins to store the Construction Waste;
b)
ensure that all Construction Waste is stored in a container or commercial Bin;
c)
periodically dispose of all Construction Waste at an appropriate Disposal Site and ensure that
such Construction Waste does not unduly accumulate at the Premises;
d)
prevent any Construction Waste from spilling over or accumulating on any Highway or other
public property and promptly recapture any such Waste which is blown off or otherwise
emanates from the Premises; and
e)
take such steps as are directed by the Town.
12.2
The Owner or the contractor for that property are responsible for cleaning up any spillage of debris
from their Waste receptacle, whether on public or private property, upon demand of a Peace Officer,
regardless of environmental conditions or other mechanisms, and that it must be completed within a
reasonable time frame.
13.0
RATES AND FEES
13.1
The Owner of a Premises from which Waste is collected and disposed of by the Town pursuant to this
bylaw shall be invoiced for and pay bi-monthly charges for the collection, removal and
disposal/processing of Waste, in accordance with the Rates and Fees Bylaw.
13.2
All charges levied and invoiced pursuant to this bylaw shall become due and payable and collected as
per the Rates and Fees Bylaw.
13.3
No reduction or postponement will be made to any Customer's Utility Bill for Waste Collection
service interruption, or any delay in the provision of such services.
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13.4
If errors are identified in Utility Bills, which occurred at no fault of the Customer and which are not as
a result of any breach of this Bylaw:
(a)
which resulted in the Customer being under-billed, the Town shall not retroactively bill the
Customer; or
(b)
which resulted in the Customer being overbilled, the Town will reimburse the overbilled
amount retroactively for up to one (1) year from the date of notice of the error being given in
writing by the Town to the Customer or by the Customer to the Town.
No interest shall be payable in respect of such under-billed or over-billed amounts by the Town.
13.5
An Owner of a Premises is liable for the payment of fees levied pursuant to this bylaw until such time
that they have given notice to the Town that they are vacating the Premises, and they shall not be
liable for any fees levied after the date they move out of the Premises.
13.6
An Owner of an eligible residential household shall pay the rates and charges levied pursuant to this
Bylaw without an option for the use of the service. Non-receipt of a utility bill will not exempt the
Owner or Occupant from payment for the service received.
13.7
The Town may issue a combined utility bill including other public utility services provided by the
Town in respect of a Premises in addition to the Collection Utility, in which case, the utility bill shall
state as a separate amount the amount payable pursuant to this bylaw.
13.8
Council reserves the right to review and set rates and fees for the Waste management system.
13.9
An Owner and/or property Manager of a Commercial Premises, Institutional Premises, or Industrial
Premises shall, at their own expense, cause all Waste to be removed from the Premises and disposed
of at regular intervals.
13.10
The Owner and/or property Manager of a Multi-residential Premises may make their own
arrangements for collection of Waste material, or they may contract with the Town for collection of
the Waste material. The terms and conditions of said contract shall be as determined by the CAO.
14.0
PENALTIES AND ENFORCEMENT PROCEDURES
14.1
A Person who:
a)
does something that is prohibited in this bylaw;
b)
fails to do something that is required in this bylaw; or
c)
does something in a manner different from that which is required or permitted in this bylaw;
is guilty of an offence.
14.2
Where a contravention of this bylaw is of a continuing nature, a contravention constitutes a separate
offence in respect of each day, or part of a day, on which the offence continues and any Person guilty
of such offence is liable to a fine in an amount not less than that established by this bylaw for each
such day or part of a day.
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14.3
A Person who is convicted of an offence pursuant to this bylaw is liable upon summary conviction to a
fine not exceeding two thousand, five hundred dollars ($2,500.00) and in default of payment is liable
to imprisonment for a term not exceeding six (6) months.
14.4
Where a Peace Officer believes that a Person has contravened any provision of this bylaw that Peace
Officer may serve that Person with a violation ticket pursuant to the provisions of Part 2 of the
Provincial Offences Procedure Act.
14.5
Notwithstanding section 14.4, where a Peace Officer believes that a Person has contravened any
provision of this bylaw, that Peace Officer may serve that Person with a Bylaw Tag, in a form
approved by the CAO, by personal service, regular mail or by placing such Bylaw Tag in a conspicuous
location on the relevant property.
14.6
Service of such Bylaw Tag shall be sufficient if it is:
a)
personally served;
b)
served by regular mail upon the Owner of the relevant Premises at the address shown on the
Town's tax rolls; or
c)
placed on or attached in a conspicuous location on the relevant Premises.
14.7
A Bylaw Tag shall specify the penalty set out in Schedule "A" of this bylaw for penalties in lieu of
prosecution.
14.8
A Person who pays the amount specified on a Bylaw Tag in respect of a contravention of a provision
of this bylaw within the time allowed for payment as specified on the Bylaw Tag, shall not be liable for
prosecution for that contravention.
14.9
If a Person has been convicted of a contravention of the same provision of this bylaw within the past
twelve (12) month period, the specified penalty or penalty in lieu of prosecution in respect of a
second or subsequent contravention of this bylaw shall be the amount set out in Schedule "A" -
'Specified Fine' of this bylaw.
14.10
The levying and payment of any penalty, or the imprisonment for any period as provided for in this
bylaw, shall not relieve a Person from paying any fees, charges or costs for which the Person is liable
under this bylaw.
14.11
Nothing in this bylaw shall prevent a Peace Officer from issuing a summons for the mandatory court
appearance of any Person which the Peace Officer has reason to believe is committing, or has
committed, a breach of any provision of this bylaw, or from laying an information.
14.12
It is the intention of the Council that all offences created pursuant to this bylaw be construed and
considered as strict liability offences.
14.13
Any Person that breaches any part of this bylaw shall be responsible for all costs incurred in cleaning,
repairs or otherwise remedying such breach, and such payment shall not limit prosecution of such
Person for such contravention.
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14.14
Whenever this bylaw imposes an obligation or prohibition on an Owner, Occupant or Manager of a
Premises, the obligation or prohibition shall apply to both or all the Owner, Occupant or Manager and
each of them separately.
14.15
Whenever this bylaw imposes an obligation or prohibition on more than one Person, each Person
shall be liable to prosecution for a breach of this bylaw, and it shall be no defense for any such Person
that any other Person is responsible for such breach.
14.16
Any Person who disposes of Waste materials in any manner contrary to this bylaw shall immediately
take all reasonable measure to clean up such Waste materials or mitigate the effects of such disposal.
This shall be in addition to any other penalties or fines established pursuant to this bylaw.
15.0
GENERAL PROVISIONS AND COMING INTO FORCE
15.1
If any term, clause or condition of this bylaw or the application thereof is found to be invalid or
unenforceable, the remainder of this bylaw or application of such term, clause or condition shall not
be affected and shall remain in force and effect.
15.2
Nothing in this bylaw relieves any Person from compliance with any other bylaw or any applicable
federal or provincial law, regulation or enactment.
15.3
In the event of a conflict between this bylaw and any other bylaw or any applicable federal or
provincial law, regulation or enactment respecting public health and safety, the other bylaw, law,
regulation or enactment shall prevail to the extent of the conflict.
15.4
This bylaw repeals Town of Black Diamond Bylaw 2022-05 in its entirety and all amendments thereto
and Town of Turner Valley Bylaw 22-1124 in its entirety and all amendments thereto.
15.5
This bylaw shall come into force and effect on the date of third and final reading.
READ A FIRST TIME on the 17th day of January , 2024
READ A SECOND TIME on the day of , 2024
READ A THIRD AND FINAL TIME on the day of , 2024
Mayor
Chief Administrative Officer
Bylaw 2024-41 Schedule "A"
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SCHEDULE "A"
FINES
Bylaw
Section
Description of Offence
Minimum
Fine
Specified
Fine
5.1
Deposit prohibited Waste in collection Bin or Cart
$250.00
$500.00
5.2
Deposit Waste or other materials in a collection Bin or
Cart not owned by the depositor
$250.00
$500.00
5.3
Allow Waste to create offensive odors or become
untidy
$125.00
$250.00
5.4
Scavenge, tamper or interfere with Waste set out for
collection
$125.00
$250.00
5.6
Store, deposit or dispose of Waste or Recyclable
Materials on Street, Highway or any other lands
$250.00
$500.00
5.8
Place dust, debris or Waste into a gutter or onto a
Street
$250.00
$500.00
5.10
Fail to dispose of hazardous Waste in accordance with
federal or provincial legislation or regulation
$250.00
$500.00
8.1
Failure to place Cart for collection as stated in the
bylaw
$125.00
$250.00
8.2
Failure to adhere to permitted Cart placement hours
$125.00
$250.00
9.2.2
Failure to clean up Waste spillage
$125.00
$250.00
9.2.3
Improper disposal of Recyclable Materials
$125.00
$250.00
9.4.2
Improper disposal of Organic Waste
$125.00
$250.00
10.1
Fail to provide sufficient Commercial Waste containers
$250.00
$500.00
10.4
Fail to remove trade Waste
$250.00
$500.00
10.9
Fail to ensure vehicular access to Waste containers
$250.00
$500.00
10.10
Fail to provide sufficient litter receptacles
$125.00
$250.00
10.11
Fail to maintain litter receptacles
$125.00
$250.00
11.1
Dispose of or allow Waste or Recyclable Material to
accumulate
$250.00
$500.00
12.1
Fail to provide or maintain a sufficient number of
containers for Construction Waste
$250.00
$500.00
12.2
Fail to clean up spillage of Construction Waste
$250.00
$250.00
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