Waste Regulation Bylaw No. 1845

Fernie, British Columbia

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THE CORPORATION OF THE CITY OF FERNIE CONSOLIDATED WASTE REGULATION BYLAW BYLAW No. 1845 Consolidated to Bylaw: 1864, Amendment No. 1 1909, Amendment No. 2 1953, Amendment No. 3 1966, Amendment No. 4 2059, Amendment No. 5 2201, Amendment No. 6 2296, Amendment No. 7 2315, Amendment No. 8 2371, Amendment No. 9 2451, Amendment No. 10 2492, Amendment No. 11 2512, Amendment No. 12 All persons making use of this consolidated version of the City of Fernie Bylaw No. 1845 are advised that it has no legal sanction; that the amendments have been embodied for convenience of reference only and that the original bylaws must be consulted for all purposes of interpreting and applying the Bylaw. Subsections or sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation. Certified copies of all City Bylaws are available from the City Clerk Amended 2024-08-19 Consolidated Waste Regulation Bylaw No. 1845 Page 2 THE CORPORATION OF THE CITY OF FERNIE BYLAW NO. 1845 A bylaw to establish, compel the use of, regulate and impose a scale of charges for a waste collection, removal and disposal system WHEREAS pursuant to the Community Charter, a council may, by bylaw, regulate, prohibit and impose requirements in relation to municipal services: (a) establish, maintain and operate a waste disposal site; (b) establish and maintain a system to collect, remove and dispose of waste; (c) compel persons to use the system and regulate how it will be used; (d) establish a scale of charges and compel payment of the charges; and (e) impose penalties for non-compliance with the regulations for the system; AND WHEREAS the Province of British Columbia in response to world-wide concern about waste management, has set a waste reduction goal of fifty (50%) percent per capita by the year 2000; AND WHEREAS it is deemed desirable and enact regulations pertaining to solid waste collection and disposal, to establish charges for collection and disposal of solid waste, to establish and maintain a waste disposal site, to establish a scale of rates for disposal of material at the waste disposal site; and further, to establish and maintain a recycling program; NOW THEREFORE, the Municipal Council of the Corporation of the City of Fernie, in open meeting assembled enacts as follows: 1. CITATION This Bylaw may be cited for all purposes as the "Waste Regulation Bylaw". 2. DEFINITIONS For the purpose of this Bylaw: "bulky waste" means metal containers or other manufactured articles with a volume greater than one and one half cubic metres (53 cuft/330 gallons) and items greater than two and one Consolidated Waste Regulation Bylaw No. 1845 Page 3 half metres in length. "City" means the Corporation of the City of Fernie. "collection area" means the area designated by the City where the City by its own or by contract will collect waste. "collector" means a person or persons authorized by the City to collect waste and transport it to a disposal area. "commercial waste means a loading type of commercial bin or receptacle. container" "contaminated soils" means contaminated soils as classified in BC Environment Criteria for Managing Contaminated Sites in British Columbia. "controlled waste" means certain special waste, liquid waste, and refuse which, because of its inherent nature and quantity, may require special handling and disposal techniques to avoid creating health hazards, nuisances, or environmental pollution. Controlled waste includes: (a) condemned foods; (b) waste asbestos; (c) food processing waste; (d) dead animals; (e) bulky wastes (f) gypsum board or wallboard; (g) large tires; (h) contaminated soils; (i) household appliances containing ozone depleting substances at the time of manufacture. "covered solid waste" means a load of refuse secured and covered on a vehicle so that it cannot blow or fall off while in transit. "dead animals" means dead animals or portions thereof equal to or greater than five kilograms in weight. "demolition, land includes, but is not limited to waste materials other than clearing and controlled waste such as pipe, concrete, asphalt, lumber construction waste" stumps, roofing materials, masonry and wire arising from Consolidated Waste Regulation Bylaw No. 1845 Page 4 domestic, commercial, industrial, institutional or municipal activities. "Director" means the Director of Engineering and Public Works of the City of Fernie, or their authorized agent. "disposal site" means the City of Fernie Landfill, more particularly described as Lots 2-4, Plan 22339. "dwelling unit" means a building or portion thereof containing one or more habitable rooms used or intended to be used for living and sleeping purposes containing sleeping, sanitary facilities, and not more than one (1) set of cooking facilities. "gypsum board or includes, but is not necessarily limited to, now wallboard" construction off-cuts or scraps and old wallboard that has been painted, covered in wallboard, vinyl or ceramic tiles and is removed during renovation, but excluding wallboard associated with asbestos. "highway" means a street, road, lane, bridge, viaduct and any other way open to public use, and includes a roadway, boulevard and sidewalk. "ignitable" means having the properties of: (a) flammable gas. (b) flammable solids, substances liable to spontaneous combustion or substances that on contact with water emit flammable gases, as defined in the Special Waste Regulation. "large tires" means the outer pneumatic rubber covering of wheels of trucks and heavy equipment with an inner diameter greater than 62 centimetres. "load" means that solid waste which arrives at the Transfer Station in a vehicle. "marketable" means materials that can be disposed of through local recycling programs. "occupant" means and includes any occupant, owner, lessee, tenant or responsible employee thereof of any residential Consolidated Waste Regulation Bylaw No. 1845 Page 5 property or dwelling or trade premises. "organics" means food waste and other compostable materials that includes, but is not limited to, food waste, food products, grass, lawn and hedge clippings, flowers, bulbs, seeds, weeds, leaves, cones, needles, berries, vegetable stalks, tree fruits, shrub or tree branches which have been chipped to less than 25mm in diameter and 0.6m long, cat litter, small pet cage fill materials, animal hair, fur or feathers, pet food, wood shavings, wood and or bamboo popsicle sticks, stir sticks, skewers, toothpicks and cutlery, untreated mulch, hay, straw and coconut planter liners, and paper products contaminated by food waste such as pizza boxes, coffee filters, napkins or tea bags. "ozone depleting means materials identified in the British Columbia Ozone substances" Depleting Substances Regulation. "person" means an individual, a body corporate, a firm partnership, association, or any other legal entity or an employee or agent thereof. "prohibited waste" includes: (a) liquids; (b) slurry; except as permitted herein; (c) empty steel and plastic drums, unless they are crushed, shredded or similarly reduced in volume to the maximum practical extent; (d) ignitable waste; (e) reactive waste; (f) radioactive waste; (g) special waste, except as permitted herein; (h) refuse that is on fire or smouldering; (i) explosives; (j) industrial chemical waste; (k) lead acid batteries; (l) small tires or large tires mounted on rims; (m) ozone depleting substances except as permitted herein; (n) pumpings from:  parking lot drainage sumps and street catch basins;  laundry lint traps; and  sumps which collect runoff from vehicle washing facilities only, but not from facilities used for maintenance or lubrication of automobiles or where Consolidated Waste Regulation Bylaw No. 1845 Page 6 solvents or sandblasting are employed for removal of paint, grease or oil "property owner" means the registered owner of any lands and premises situated within the waste collection area. "radioactive waste" means waste containing a prescribed substance as defined in the Atomic Energy Control Act in sufficient quantity or concentration to require a licence for possession or use under that Act and regulations made under that Act. "reactive" means waste which: (a) is explosive, oxidizing or so unstable that it readily undergoes violent change in the presence of air or water, (b) generates toxic gases, vapors or fumes by itself or when mixed with water, or (c) polymerizes in whole or in part by chemical action and causes damage by generating heat or increasing in volume. as defined in the Special Waste Regulation. "recyclable waste" means marketable, source separated waste that includes, but is not limited to, newspaper, ledger and computer paper, magazines, telephone directories, corrugated cardboard, boxboard, metal food and beverage containers manufactured of steel, tin and aluminum. "recycling program" means a program under which marketable, source separated waste is collected and sold. "refuse" includes, but is not limited to unmarketable food wastes, combustibles such as paper, cardboard, fabric, plastics, leather, furniture, household appliances not containing ozone depleting substances at the time of manufacture, yard trimmings; non-combustibles such as glass containers, crockery, rock, ashes from fireplaces and wood stoves, street sweepings. "scavenging" means the act of searching for and the act of removal of waste from a designated disposal area designated for the deposit of waste by the City, and including but not limited to, waste disposal bins. "small tires" means the outer pneumatic rubber covering of wheels of passenger vehicles, light service trucks and motorcycles with an inner diameter of 42 cm or less. Consolidated Waste Regulation Bylaw No. 1845 Page 7 "solid waste" means refuse, recyclable waste, organics, demolition, land clearing and construction waste, and controlled waste acceptable for disposal at the Transfer Station, but excluding prohibited waste. "source separated waste" means solid waste that arrives at the Transfer Station and which is separated by means of barriers or placement in containers into clearly distinguishable accumulations of recyclable waste, organics, refuse and controlled waste, as applicable. "special waste" means any chemical, compound, mixture, substance or article, which is defined as such in the Special Waste Regulation. "trade premises" means any property or premises which is operated for commerce and "Transfer Station" means the Fernie Transfer Station, more particularly described as 6000 Highway 3. "wildlife" means a bear, cougar, coyote, deer, elk, moose or wolf. "wildlife attractant" means means any of the following: (a) food or food waste, compost or other waste or garbage that could attract dangerous wildlife; (b) a carcass or part of a carcass of an animal or fish, or other meat; (c) any other substance or thing prescribed by regulation of the Ministry of Water, Land and Resource Stewardship. 3. REGULATIONS 3.1 Mandatory System: Owners or occupiers of real property in the City are hereby compelled to use the established system of waste collection, removal and disposal and are further compelled to pay the applicable charges specified in this Bylaw. 3.2 No person or occupant shall deposit, pile, place, discard or otherwise allow to accumulate any waste in or on any property, except as authorized by this Bylaw. No person shall spill, scatter, deposit, throw, cast, lay, pile, place, discard, accumulate or otherwise cause to be thrown, cast or laid, or disturb or interfere with any waste of any kind or nature on any street, lane, highway, park, beach, boulevard, sidewall, or other public place or private property within the City, Consolidated Waste Regulation Bylaw No. 1845 Page 8 including waste bins owned by the City and rented to trade premises. 3.3 No person shall dispose of waste contrary to the provisions of this Bylaw. 3.4 No person shall place waste for collection with the waste of others or place waste in containers owned or rented by others without that person's permission. 3.5 No person shall deposit waste at a location other than a designated disposal area designated for the deposit of waste by the City. 3.6 Occupants are responsible for the proper and sanitary storage of carts and wildlife attractants on their property between collection days in a manner that does not produce wildlife attraction, offensive odours and does not become untidy or unsightly. 4. WASTE CONTAINERS 4.1 Waste shall be placed in a container sufficient to prevent the entry of water, rain, flies and animals and the escape of noxious odours. 4.2 Acceptable Residential Waste Containers: Each dwelling unit will be provided with 3 standardized carts - a cart for organics, a cart for garbage, and a cart for recycling. On collection days, only these carts will be picked up by the collection trucks. Each cart will also be equipped with an RFID tag that is registered to the specific dwelling unit for tracking purposes. 4.3 Carts are registered to a specific parcel and must remain at that specific parcel. 4.4 Containers shall be kept on the specific parcel registered to a Cart at all times and shall not encroach upon or project over any highway, except when placed on a highway immediately adjacent to the front or side yard of the parcel for the purpose of collection under this Bylaw. 4.5 No person shall place any wildlife attractant on any highway in a residential area before 5:00 a.m. on the day designated by the City of Fernie as the collection day for the parcel. 4.6 The occupant of a parcel is responsible for the cost of any damage to Carts caused by willful or accidental damage to the cart, excepting reasonable wear and tear, or by the actions of the collector. 4.7 Occupant must maintain carts in a clean, sanitary and odour-free condition. 4.8 Occupant must not cause, permit, suffer or allow a cart to be filled so that the cover cannot be securely fastened and completely closed. 4.9 Commercial waste containers containing any wildlife attractants must be kept closed at all times and closed and secured at the end of the business day in such a manner so as to prevent access to the wildlife attractants by wildlife. Consolidated Waste Regulation Bylaw No. 1845 Page 9 5. DISPOSAL REQUIREMENTS 5.1 Wet waste shall be thoroughly drained or securely sealed in a container before being placed in a waste container for disposal. 5.2 No hazardous waste, tires, tree pruning, scrap lumber, logs, metal, stone, brick, concrete, car or truck batteries, recyclable oil or oil filters shall be set out for collection. 5.3 No liquids or free water is permitted to be placed in waste containers. 5.4 All materials defined as recyclable waste under this bylaw shall not be disposed of in the garbage cart. 5.5 All materials defined as organics under the bylaw shall not be disposed of in the garbage cart. 6. PROHIBITED WASTE 6.1 No person shall place or mix, with any material for collection as garbage or disposal any explosive, volatile, corrosive materials, dangerous chemicals, or any other material dangerous to the health and/or safety of the waste collection personnel or other members of the public. 7. RECYCLING PROGRAMS 7.1 The City of Fernie may operate and maintain a recycling program for the alternate use and or recycling of any waste deemed appropriate and provide a system for the collection and disposition of such waste, including entering into contracts with persons to perform any portion of the program (the "curbside collection program"). 7.2 Any recyclable not accepted under curbside collection program is prohibited from being deposited into the designated recycling carts. 7.3 All recyclable waste to be collected by the collector shall be deposited loosely in the recycling cart. No person shall bag or bundle recyclable waste with strings, ties, single-use plastic bags or tape. Recyclable waste must not be compressed into a recycling cart in a manner that will inhibit the material from falling freely into an automated collection truck during the regular tipping process. 7.4 No collection will be made by the collector of recycling that is placed out for collection in a manner that does not conform to the standards and regulations as set out in this Bylaw. Without limiting the foregoing, where a recycling cart contains any materials not permitted under this Bylaw, the collector may refuse to collect the entire contents of the cart. Consolidated Waste Regulation Bylaw No. 1845 Page 10 7.5 The City of Fernie may suspend recycling collection from a parcel or parcels where the recycling carts, by location or design, are not accessible for pickup according to the provisions of this Bylaw or are routinely non-conforming with Bylaw requirements; but such suspensions shall not waive any requirement or abate or waive any fees or charges under the provisions of this Bylaw. 7.6 Representatives of the City of Fernie are authorized to open recycling carts to inspect the contents for compliance with this Bylaw as required. 7.7 Representatives of the City of Fernie may tag non-compliant recycling carts for purposes of public education or enforcement. 7.8 The City of Fernie may operate and maintain a composting program by providing a location for the collection and processing of approved waste material. 7.9 The Director of Engineering and Public Works, or their designate, is hereby delegated authority to further define "recyclable waste" to include or exclude waste that is accepted by the Recycle BC program provided that such further definition is published on in a manner readily accessible to the general public, and notice of such further definition posted in the public notice posting places. 8. ORGANICS PROGRAMS 8.1 The City of Fernie may operate and maintain an organics program and provide a system for the collection and disposition of such waste, including entering into contracts with persons to perform any portion of the program (the "curbside organic collection program"). 8.2 Only materials defined as organics under this bylaw shall be accepted into the designated organic carts, without contamination. 8.3 No collection will be made by the collector of organics that is placed out for collection in a manner that does not conform to the standards and regulations as set out in this Bylaw. Without limiting the foregoing, where an organics cart contains any materials not permitted under this Bylaw, the collector may refuse to collect the entire contents of the cart. 8.4 The City of Fernie may suspend organics collection from a parcel or parcels where the organics carts, by location or design, are not accessible for pickup according to the provisions of this Bylaw or are routinely non-conforming with Bylaw requirements; but such suspensions shall not waive any requirement or abate or waive any fees or charges under the provisions of this Bylaw. 8.5 Representatives of the City of Fernie are authorized to open organics carts to inspect the contents for compliance with this Bylaw as required. Consolidated Waste Regulation Bylaw No. 1845 Page 11 8.6 Representatives of the City of Fernie may tag non-compliant organics carts for purposes of public education or enforcement. 8.7 The Director, or their designate, is hereby delegated authority to further define "organic waste" to include or exclude waste that is accepted provided that such further definition is published on in a manner readily accessible to the general public and notice of such further definition posted in the public notice posting places. 9. RATES AND CHARGES 9.1 Residential user rates and charges specified in Schedule "A" of this Bylaw are hereby imposed and levied for Solid Waste and Recyclable Waste collection services. 9.2 The monthly rates will be billed quarterly. A five (5%) percent shall be applied to unpaid balances on the account after the due date for each quarterly bill. 9.3 Refund Charges levied for the collection, removal and disposal of waste must be paid in full to and including the month for which application is being made under this provision. Refunds will be issued for full months only. Refund applications will be forwarded to the Bylaw Enforcement Officer for confirmation and approval. Refund applications will only be considered for the current year and applications must be received by the City on or before December 31st of the current year. Applications for prior years' vacancies will not be considered. Changes in use in the case of multiple businesses within one building effecting the charges to be levied will be determined by the issuance/cancellation of business licenses. 9.4 Garbage collection shall be limited to a maximum of 75 litres of garbage per residential dwelling unit per week. Consolidated Waste Regulation Bylaw No. 1845 Page 12 10. SEVERABILITY 10.1 If any portion of this Bylaw is for any reason held to be invalid by a court the invalid portion shall be severed without affecting the remaining portions. 11. [Amended Bylaw No. 1909] [Repealed by Bylaw No. 1953] 12. OFFENCES AND PENALTIES 12.1 Any person who contravenes, violates, or fails to comply with any provision of this Bylaw, or who suffers or permits an act or thing to be done in contravention or violation of this Bylaw, or fails to do anything required by this Bylaw, commits an offence, and shall be liable upon conviction: 12.1.1 to a fine of not more than Ten Thousand ($10,000.00) dollars or 12.1.2 a fine imposed under the Municipal Ticket Information Bylaw as amended from time to time 12.2 In addition to any fine imposed, the City may seek reimbursement for the cost of any prosecution, and seek any other penalty or order be imposed pursuant to the Community Charter or Offence Act as amended from time to time. 12.3 If an offence continues for more than one day, each day that the offence continues constitutes a separate and distinct offence. 12.4 Nothing in this Bylaw limits the City from utilizing any other remedy that is otherwise available to the City by law. 13. ENFORCEMENT 13.1 The City designates this Bylaw as a Bylaw that may be enforced by Bylaw Enforcement Officers, the Chief Administrative Officer, or their delegates, and R.C.M.P. Officers by means of a ticket in the form prescribed for that purpose by the Community Charter. 13.2 Any person designated as a Bylaw Enforcement Officer pursuant to the Municipal Ticket Information Bylaw as amended from time to time is hereby authorized and empowered to enforce the provisions of this Bylaw. Consolidated Waste Regulation Bylaw No. 1845 Page 13 14. REPEAL 14.1 Bylaw No. 1778 cited as the "Waste Regulation Bylaw" and any amendments thereto are repealed on adoption of this Bylaw. Introduced and read a first time this 13th day of September, 1999. Read a second and a third time this 13th day of September, 1999. Third reading rescinded the 22nd day of September, 1999. Re-read a second and a third time as amended the 22nd day of September, 1999. Finally passed and adopted this 27th day of September, 1999. _____________________________ MAYOR _____________________________ CLERK I hereby certify the forgoing to be the original Bylaw No. 1845. Consolidated Waste Regulation Bylaw No. 1845 Page 14 SCHEDULE "A" Waste, Recycling and Organics Charges [Amended by Bylaw No. 2512] Monthly Charge 2024 2025 2026 Curbside Single Family Residential $13.58 $17.40 $17.99 Curbside Multi-Family residential, per unit $13.58 $17.40 $17.99 up to 4 dwelling units. Administration/Service Charge Cart Repair $120.00 Garbage or Recycling Cart Replacement $220.00 Organics Cart Replacement $330.00 _______________________________________________________________________________ SCHEDULE "B" [Amended by Bylaw No. 1909] [Repealed by Bylaw No. 1953] Consolidated Waste Regulation Bylaw No. 1845 Page 15 Amendment Index Bylaw Amendment No. Amendment Adoption Date 1864 Amendment No. 1 Schedule "A" attached to and forming a part of Bylaw No. 1845 is hereby deleted and replaced with a new Schedule "A" 2000-05-08 1909 Amendment No. 2 New wording for Scavenging - Scavenging shall be permitted by persons who possess a valid Scavenging Permit and Indemnity Agreement - Schedule "B" 2002-04-08 Repealed by Bylaw 1953 1953 Amendment No. 3 Amendment Bylaw No. 1909, cited as "Waste Regulation Bylaw Amendment Bylaw No. 2" is hereby repealed in it's entirety 2003-11-10 1966 Amendment No. 4 Schedule "A" - the first paragraph under the heading entitled "Fees", Residential, shall be deleted in it's 'entirety and replaced: Residential Tag a bag labels: $2.00 each Curbside Collection and Disposal: -Single family residential: $8.36 per month, billed quarterly -Multi-family residential, up to 4 dwelling units: $8.36 per month, per dwelling unit, billed quarterly 2004-06-28 2059 Amendment No. 5 Regarding "commercial waste container"; wildlife" and wildlife attractants" 2007-10-10 2201 Amendment No. 6 Waste and Recycling Collection - Single family residential: $5.81 per month Multi-family residential, up to 4 dwelling units: $5.81 per month, per dwelling unit. Tag a bag labels: $2:00 each 2012-12-17 2296 Amendment No. 7 Section 4, Waste Containers, of Bylaw No. 1845 is hereby amended as follows: a) Sub-section 4.2 is hereby deleted and a revised sub-section 4.2 substituted therefore as follows: 4.2 Acceptable Residential Waste Containers: Waste Containers for all residential premises located in the Collection Area shall be provided by the owner and shall conform to the following criteria: b) Maximum volume of 75 Litres (16.5 imperial gallons); c) Maximum weight of 22.5 kilograms (50 pounds) when full; d) Constructed of rigid plastic or non-corrosive metal; e) Water tight cover; f) Strong enough to withstand normal handling and lifting; g) Opening that permits emptying with minimum effort; and h) Handle(s) that enable the container to be lifted and emptied safely by one person. a) Sub-section 4.3 is hereby deleted and the remaining sub-sections under section 4 renumbered accordingly. Section 9, Rates and Charges, of Bylaw No. 1845 is hereby amended as follows: a) Sub-section 9.1 is hereby deleted and a revised sub-section 9.1 substituted therefore as follows: idential user rates and charges specified in Schedule "A" of this Bylaw are 2015-05-09 Consolidated Waste Regulation Bylaw No. 1845 Page 16 hereby imposed and levied for Solid Waste and Recyclable Waste collection services. b) Sub-section 9.3 is hereby deleted and the remaining sub-sections of section 9 renumbered accordingly. Schedule "A" to Bylaw No. 1845 is hereby deleted and a revised Schedule "A" substituted therefore which revised Schedule "A" is attached hereto and forms part of this Bylaw as Appendix "A". This Bylaw shall come into full force and effect upon adoption except that individuals responsible for residential waste containers shall have until May 31, 2016 to acquire a residential waste container that conforms to the criteria set out in sub-section 4.3 of this Bylaw. 2315 Amendment No. 8 Add section 9.4 limit of garbage collected each week. Replace Schedule A Fees. 2017-02-27 2371 Amendment No. 9 Amend the bylaw to revise acceptable residential waste containers and Schedule A Waste and Recycling Charges 2019-01-28 2451 Amendment No. 10 Deleting Schedule "A" and inserting revised Schedule "A" Waste and Recycling Charges 2021-12-13 2492 Amendment No. 11 Amend definition of "recyclable waste" Add definition of "highway" Deleting and replacing Section 4. Deleting and replacing Section 7. Deleting and replacing Section 12. Deleting and replacing Section 13. Replace Schedule A Fees: 2023-06-30 2512 Amendment No. 12 Deleting definition of "active face", "compostable materials" and "processed yard and garden waste" from Section 2 Deleting and substituting definition of "controlled waste" from Section 2 Deleting and substituting definition of "Director" from Section 2 Deleting and substituting definition of "disposal site" from Section 2 Deleting and substituting definition of "load" from Section 2 Deleting and substituting definition of "scavenging" from Section 2 Deleting and substituting definition of "solid waste" from Section 2 Deleting and substituting definition of "source separated waste" from Section 2 Deleting and substituting definition of "wildlife attractant" from Section 2 Deleting and substituting definition of "organics" from Section 2 Adding definition of "Transfer Station" to Section 2 Deleting and substituting Section 3. Deleting and substituting Section 4. Deleting and substituting Section 5. Deleting and substituting Section 6.1. Deleting Section 6.2. Deleting and substituting Section 8 Deleting Schedule "A" Waste and Recycling Charges. 2024-05-28