Solid Waste Collection Regulations Bylaw No. 266

Barriere, British Columbia

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1 Solid Waste Collection Regulations Bylaw No. 266 DISTRICT OF BARRIERE BYLAW NO. 266 A BYLAW TO PROVIDE FOR THE COLLECTION, DISPOSAL, AND CONTROL OF SOLID WASTE The Council for the District of Barriere, in open meeting lawfully assembled, ENACTS as follows: 1. Title 1.1 This bylaw may be cited as the "Solid Waste Regulations Bylaw No. 266". 2. Definitions: 2.1 In this bylaw, unless the context requires otherwise: "Bylaw Notice Enforcement Bylaw" means the District's current Bylaw Enforcement Bylaw No. 95, as amended or replaced from time to time. "Bylaw Enforcement Officer" means an RCMP Officer, peace officer, and/or any of the following District of Barriere staff or their designate: -Chief Administrative Officer -Bylaw Enforcement Officer -Public Works Manager -Building Inspector "Council" shall mean the Council of the District of Barriere; "Commercial / Industrial Premise" means any building or self-contained part thereof, used or intended for use, other than a dwelling. "Commercial / Industrial Container" means a metal hydraulic container, approved by Staff in accordance with this bylaw, for use or intended to be used at a Commercial / Industrial Premise or for events, supplied by and rented from the District. "Commercial / Industrial Solid Waste" means any and all rejected, abandoned or discarded matter, sweepings, all inflammable materials of a like nature, resulting from the operation of a Commercial / Industrial Premise, but does not include Special Waste or any Recyclable Materials. "Collection Service" means the collection of Refuse as administered by the District. "District" means the District of Barriere. "Tag" means a sticker that must be placed on each additional bag of collectable Solid Waste placed curbside beyond the maximum amount of Solid Waste placed inside the Regulation Garbage Container to be collected and disposed of by the District. Sheets of stickers are made available at the District Office for purchase and may be made available for purchase at participating local businesses or community partners. "Fees and Charges Bylaw" means the District's current Fees and Charges Bylaw No.73, as amended or replaced from time to time; 2 Solid Waste Collection Regulations Bylaw No. 266 "Eco-Depot Site" means any solid waste Eco-Depot site operated by the Thompson Nicola Regional District (TNRD) or others to service the District. "Occupier" has the same meaning as in the Community Charter, as amended or replaced from time to time. "Owner" has the same meaning as in the Community Charter, as amended or replaced from time to time. "Recycling Service" means the collection of Recyclable Materials operated by the District. "Recyclable Material" means any and all clean paper products, newspaper, cardboard, tin cans, and acceptable rigid plastic containers, or as defined by Recycle BC guidelines. "Refuse" means any discarded or abandoned solid waste, food, substance, Recyclable, Material, or object, whether from domestic, commercial, industrial, institutional, or other use; "Regulation Garbage Container" means a metal or plastic container of maximum height of 30" and a base diameter maximum of 20" and provided with a close fitting cover. The use of 45 gallon drums is prohibited. "Residential Dwelling Premises" means the property used for residential purposes owned by a registered owner of land within the District of Barriere. "Residential Dwelling Unit" means the individual dwelling units in a single family dwelling, duplex, townhome, or multi-family dwelling. "Solid Waste" means any and all rubbish, household waste, ashes, discarded matter, and discarded waste or vegetable or animal food; but does not include building construction waste, Recyclable Materials, Yard and Garden Waste, and Special Waste. "Solid Waste Collection Area" means within the boundaries of the District. "Special Waste" includes hazardous waste, pathological waste, explosives, radio-active material, all waste resulting from any industrial or manufacturing operations, the construction or demolition of buildings and structures, abandoned vehicles and parts thereof, dead animals and all animal parts and agricultural waste and other prescribed substances under any contaminated sites legislation of the Province of British Columbia or the Government of Canada. "Staff" means Chief Administrative Officer or designate. "Utility Billing Bylaw" means the District's current Utility Billing Bylaw No. 260, as amended or replaced from time to time. "Yard and Garden Waste(s)" means green waste including but not necessarily limited to grass and hedge clippings, leaves, grass, flowers, vegetable stalks, woody or herbaceous waste, fruit and vegetable waste, or as defined by the TNRD or Staff. 3. General Provisions: 3.1. Solid Waste collection and disposal, by Staff, from properties, unless otherwise provided in this Bylaw, shall be limited to Solid Waste placed on the curb for pickup by Staff, provided 3 Solid Waste Collection Regulations Bylaw No. 266 such waste is securely tied plastic garbage bags placed within a Regulation Garbage Container, a. A single garbage bag may be placed within a Regulation Garbage Container, or multiple garbage bags may be placed within a Regulation Garbage Container provided that they fit inside the securely covered container and do not exceed the maximum allowable weight of the container. b. Any additional bags beyond the first two must display the designated Tag approved by the District for Solid Waste service. 3.2. Solid Waste containers shall be sized in accordance with the dimensions as defined in this Bylaw. 3.3. Staff shall not pick up any additional Solid Waste bags beyond the bags permitted within the one Regulation Garbage Container or which are not labeled with the appropriate Tag. 3.4. Staff shall not pick up loose Solid Waste or Solid Waste in a non-compliant container. 3.5. Lawful disposal of any additional Solid Waste that is not displaying a Tag shall be the sole responsibility of the Owner of the waste. 3.6. No person within the Solid Waste Collection Area shall illegally dump or dispose of any Solid Waste, Yard and Garden Waste, Special Waste, and/or Recyclable Material. 3.7. No person shall dump or dispose of any Solid Waste, building waste, Yard and Garden Waste, Special Waste, or any other noxious, offensive, unwholesome, or discarded matter in any place, land, or grounds other than the Eco-Depot Site. 3.8. No person shall place Solid Waste for pick up with the Solid Waste of others or place Solid Waste in containers owned by others without that Owner's written permission. 3.9. No person shall place any Solid Waste in any District buildings, facilities, amenities, or containers, etc. that is originally created at/on Residential Dwelling Premises and/or private lands that is generally intended for inclusion with either District Solid Waste Collection Services or disposal at an Eco-Depot Site. 3.10. No person shall cause or permit the accumulation of Solid Waste at or near Commercial / Industrial Premises, except where such Solid Waste is placed in suitable Commercial / Industrial Containers for collection and removal. 3.11. Staff must not enter any building for the purpose of carrying out or returning thereto any container, nor shall Staff demand or receive any gratuity, gift, payment, or consideration for services rendered in connection with Solid Waste collection beyond their regular remuneration. 3.12. Staff is not responsible for the clean up of any loose Solid Waste or Refuse that was caused by weather, vandalism, by animals getting into curbside containers/bags or other means out of the District of Barriere's control. 4. Fees and Charges: 4.1. Every Owner or Occupier of a Residential Dwelling Premise or Commercial / Industrial Premise within the Solid Waste Collection Area shall use the Collection Service and shall pay the applicable rates and fees as set out in the District's Fees and Charges Bylaw. 4 Solid Waste Collection Regulations Bylaw No. 266 4.2. The District will invoice the Owner or Occupier in accordance with the Utility Billing Bylaw which will also be used to govern all administrative aspects in relation to account setup, invoicing, payments, and discontinuation of services. For mobile home parks, the Owner of the mobile home park property shall be the customer for utility billing and account purposes. 5. Termination of Service: 5.1. The District may, after providing the Owner written notice and an opportunity to be heard before Council, suspend or terminate collection service from any premise where containers or location or design of pickup facilities are contrary to the provisions of this bylaw, but such suspension or termination shall not waive any requirement, or abate or waive any charges or fees under the provisions of applicable District Bylaws. 5.2. Where collection services are to be suspended or terminated, the regulations and process as set out in the Utility Billing Bylaw will apply, unless an immediate suspension or termination is required due to safety concerns for Staff or the public. 5.3. If Collection Service are terminated, the District may continue to levy fees and charges for the premises. 6. Residential Solid Waste and Recycling Collection Service: 6.1. Staff shall pick up all Solid Waste materials set out at Residential Dwelling Premises within the Solid Waste Collection Area on the designated day of collection, provided such waste is securely contained in a bag within a container with a secure lid. Any additional bags must display the appropriate Tag in an easily identifiable location to be included in the collection. 6.2. Solid Waste bags shall be no larger than approximately 80-100 litre equivalents (generally around 76 x 83 centimetres or 30 x 33 inches). 6.3. Each Regulation Garbage Container shall not weigh more than 23 kilograms or 50 pounds when full. 6.4. Recyclable Materials shall be sorted and placed for collection in accordance with the guidelines and schedule established by RecycleBC and/or the District. 6.5. All acceptable curbside recycling must be placed inside a clear reusable tote with a lid and placed curbside on the designated day of collection. 6.6. Staff is authorized to set additional guidelines and schedules on behalf of the District in relation to this bylaw. This includes but is not limited to: a. size, shape, colour, etc. of recycling totes b. materials that are acceptable for recycling c. solid waste and recycling pickup schedules 6.7. The District reserves the right to refuse to remove any and all material that is not Solid Waste, Recyclable Material, or Yard and Garden Waste, as defined by this bylaw. 6.8. Solid Waste / recycling must be placed on the curb by 7am on the designated day to ensure collection. Winter hours may be adjusted to accommodate daylight hours. 5 Solid Waste Collection Regulations Bylaw No. 266 6.9. No Solid Waste / recycling shall be placed at the curb for collection prior to the scheduled collection day for the property. 6.10. Staff may utilize centralized Commercial / Industrial Containers for Solid Waste pickup from mobile home parks and/or RV parks; however, the Solid Waste and Recycling guidelines for residential dwellings would generally apply. 7. Residential Container Requirements: 7.1. Every Owner of Residential Dwelling Premises within the Solid Waste Collection Area shall provide and maintain in sanitary condition and in good order and repair, Regulation Garbage Containers sufficient in number at all times to contain all Solid Waste generated on the Residential Dwelling Premises. 7.2. Staff shall not be responsible for the replacement of any containers or lids damaged or lost for any reason whatsoever. 7.3. Containers shall be kept on the premises at all times and shall not encroach upon or project over any street, lane, or public place except when placed on a street or lane for the purpose of collection under this bylaw. Containers shall be kept back far enough in winter months to allow for adequate snow clearing. 7.4. The District will not collect solid waste or recycling from non-compliant containers, including permanent or constructed storage boxes. 7.5. For collection purposes, all containers must be placed next to the lane or the boulevard or at a place designated by Staff. Special instances related to the temporary placement of containers during adverse climatic weather conditions or other extenuating circumstances may be implemented by Staff. 7.6. Containers must be placed in a manner that the staff can access the container safely. The District reserves the right to refuse to collect solid waste or recycling material from a container or premises that when determined by staff could pose a reasonable hazard or safety issue such as, but not limited to, an uncontained animal, build-up of ice or snow that restricts access, or is not easily accessible. 8. Commercial / Industrial Solid Waste and Recycling: 8.1. Staff shall collect Solid Waste from Commercial / Industrial Premises for a minimum of once per week, or at a frequency determined by mutual agreement between the Occupier and Staff. 8.2. Every Owner of premises other than Residential Dwelling Premises shall provide containers sufficient in size and number to contain all Solid Waste generated on the premises without spillage and in a sanitary condition at all times. 8.3. Collection shall consist of Solid Waste removal from District owned and rented Commercial / Industrial Containers. Notwithstanding the above, if the amount of Solid Waste collected does not, in the opinion of the District, warrant the rental of a Commercial / Industrial Container from the District, Commercial / Industrial Premises may be permitted to dispose of solid waste in residential containers as outlined in the Fees and Charges Bylaw. 6 Solid Waste Collection Regulations Bylaw No. 266 8.4. All Commercial / Industrial Containers, including those utilized for mobile home parks and/or RV parks, must be located on a concrete or otherwise solid surface as approved by Staff in a mutually agreeable location. If the container is easily viewable from Barriere Town Road or Highway 5, the container location must also be adequately fenced with a solid fence material, the design, height, and materials must be approved by Staff. As applicable, concrete pad and fence must be provided at the expense of the Owner. 8.5. All Commercial / Industrial Containers shall be accessible for collection on all designated collection days between the hours of 6 a.m. and 6 p.m. with the exception of statutory holidays which will be determined from time to time by the District. 8.6. All Commercial / Industrial Containers not accessible or not meeting the accessibility criteria, on designated collection days, shall not be collected until the next regularly scheduled collection. 8.7. All Commercial / Industrial Containers must be kept clean and free of loose noxious materials, including oils and other liquids, as to not attract rats, rodents, other animals or to create a nuisance. 8.8. Every Owner of premises utilizing Commercial / Industrial Containers must dispose of waste in secured garbage bags and ensure no loose solid waste is disposed of in any Container. 8.9. Staff may refuse to collect the contents of a Commercial / Industrial Container found to have loose or non-compliant material. The Owner is responsible for the disposal of loose or non-compliant material, as well as to remedy any spills or other nuisance issues, prior to District resuming normal collection from the Container. 8.10. Loose or non-compliant material found to be present in a Commercial / Industrial Container during or after the District tipping process of the Container, shall have committed an offence under this Bylaw and may be subject to fines as prescribed by Bylaw. 8.11. Every Owner of premises utilizing Commercial / Industrial Containers are responsible for the security of the Container(s) used by District Staff for collection. Any unauthorized material, including non-compliant material is the sole responsibility of the Owner to dispose of at their own expense. 8.12. The time and frequency of Commercial / Industrial Container collection service and the location and number of approved containers shall be determined by Staff from time to time. 8.13. Staff will not collect recycling materials from Commercial / Industrial Premises; however, Staff is authorized to make agreements for cardboard recycling only for Commercial / Industrial Premises where a large volume of cardboard is discarded on a regular basis. Staff may consider providing a suitable container. 9. Disposal Requirements: 9.1. No liquids shall be put in or allowed to accumulate in any container. 9.2. All solid waste material must be placed within a secured plastic bag and placed inside a Regulation Garbage Container. 9.3. No loose material shall be placed in any Regulation Garbage Container. 7 Solid Waste Collection Regulations Bylaw No. 266 10. Prohibited Materials: 10.1. Special Waste, Recyclable Materials, Corrugated Cardboard and Yard and Garden Waste shall not be placed in a container for residential or Commercial / Industrial Solid Waste collection or disposal. 10.2. No person shall place or mix with any material for removal as Solid Waste any explosive, volatile, or corrosive materials, Special Waste, dangerous chemicals or any other material dangerous to the health or safety of the garbage collection personnel, other members of the public, or the environment. 11. Residential Yard and Garden Waste Collection Service: 11.1. From time to time, the District may designate days when the District may provide general residential Yard and Garden Waste Collection and disposal activities. 11.2. During the residential Yard and Garden Waste Collection program, residential Owners or Occupiers receiving Solid Waste curbside collection and disposal services shall be permitted to place Yard and Garden Waste at the curb for pickup. Permitted materials must be left in accordance with District guidelines. Guidelines are administered by Staff and are subject to change from time to time. 11.3. Yard and Garden Waste shall not include: a. Liquids; b. Fats, meat and bones, food waste and kitchen waste, peels, coffee grounds, tea bags; c. Loose soil and rocks; d. Solid Waste and/or Garbage; e. Prunings, wood or tree limbs over 1 metre in length and 2.5 centimetres in diameter; f. Human or animal excrement; g. Contaminated soil or other special waste; h. Invasive Species, i. Other materials such as determined from time by time by Staff. 11.4. If the District designates days for Yard and Garden Waste collection and disposal activities, Staff may collect a maximum of two (2) cubic yard of Yard and Garden Waste from each residential dwelling, unit, or premise. 11.5. As an alternative to providing a Collection Service, the District may designate an area(s) and/or location(s) where residents may deposit/place residential Yard and Garden Waste. If this alternative method is abused in any manner by any person, the District will look to complete any and all investigations and/or activities as may be required in accordance to carry out actions identified in this Bylaw. 12. Inspection: 12.1. Upon providing the Owner or Occupier with 24 hours prior to written notice, a Bylaw Enforcement Officer is authorized to enter, at all reasonable times and in a reasonable manner, any land and buildings for the purposes of ascertaining whether the provisions of this bylaw are being complied with. 8 Solid Waste Collection Regulations Bylaw No. 266 13. Offences and Penalties: 13.1. A person who contravenes any provision of this bylaw is subject to a fine as specified in the District's Bylaw Notice Enforcement Bylaw. 13.2. Each day that a contravention of this bylaw continues, constitutes a separate offence. 13.3. The District may fulfill a requirement of this bylaw at the expense of a person failing to take the required action and recover the costs incurred as a debt. 13.4. The District may refuse to remove any and all waste material which is defined by this bylaw and fees will still be imposed. 14. General 14.1. Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time. 14.2. If any section, paragraph or phrase of this bylaw is for any reason held to be invalid by a decision of a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw. 15. Repeal: 15.1. The Barriere Improvement District Garbage Service and Disposal Bylaw - 1999, No. 191 and all amendments hereto are thereby repealed. READ A FIRST TIME this 15th DAY OF December, 2025 READ A SECOND TIME this 15th DAY OF December, 2025 READ A THIRD TIME this 15th DAY OF December, 2025 Finally adopted this 12th day of January, 2026. Original signed by, Original signed by, Mayor - Rob Kerslake Corporate Officer - Tasha Buchanan