Garbage Collection and Disposal Bylaw No. 832, 2006 (office consolidation June 10, 2024)
Fort St. James, British Columbia
· No. 832
· adopted 2006-03-08
· summary & facts
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DISTRICT OF FORT ST. JAMES
GARBAGE COLLECTION AND DISPOSAL
BYLAW NO. 832, 2006
OFFICE CONSOLIDATION
June 10, 2024
This consolidation of Garbage Collection and Disposal Bylaw No. 832, 2006, is
provided for convenience only. This consolidation has no Council sanction,
amendments have been incorporated for convenience only, and that for all
purposes of interpretation and application the original bylaws should be consulted.
The District of Fort St. James will, in no event, be liable for damages of any kind
arising from the use of this consolidation.
This is not the official version of District of Fort St. James Garbage Collection and
Disposal Bylaw No. 832, 2006. A copy of the official version may be obtained from
the District office or by contacting us at [email protected].
Bylaw No.
Sections Amended
Council Meeting
Date
Bylaw No. 988, 2018
14.5 deleted and replaced
Schedule "A" replaced
No. 2018-05-14
March 14,
2018
Bylaw No. 1006, 2019
Schedule "A" replaced
No. 2019-04-26
February 26,
2019
Bylaw No. 1009, 2019
Schedule "A" replaced
No. 2019-8.1
April 25,
2019
2
Bylaw No. 1018, 2020
14.5 deleted and replaced
Schedule "A" replaced
No. 2020-07.1
March 18,
2020
Bylaw No. 1032, 2021
14.5 deleted and replaced
Schedule "A" replaced
No. 2021-06.3
March 31,
2021
Bylaw No. 1046, 2022
14.5.2 deleted and
replaced
No. 2022-04-22
February 22,
2022
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DISTRICT OF FORT ST JAMES
GARBAGE COLLECTION AND DISPOSAL
BYLAW NO. 832, 2006
Table of Contents
1.
TITLE ............................................................................................................................................... 4
2.
REPEAL............................................................................................................................................ 4
3.
DEFINITIONS .................................................................................................................................. 4
4.
COLLECTION SYSTEM ESTABLISHED ..................................................................................... 6
5.
SERVICE MANDATORY ............................................................................................................... 6
6.
RESIDENTIAL SERVICE ............................................................................................................... 7
7.
COMMERCIAL SERVICE .............................................................................................................. 7
8.
ALTERNATE SERVICE .................................................................................................................. 7
9.
UNACCEPTABLE MATERIALS.................................................................................................... 8
10. OWNER/OCCUPANT RESPONSIBILITIES .................................................................................. 8
11. CONTAINER INSPECTION AND INVESTIGATION .................................................................. 9
12. RIGHT OF ENTRY .......................................................................................................................... 9
13. EXCLUSION OF OTHER SERVICE .............................................................................................. 9
14. FEES FOR GARBAGE COLLECTION ........................................................................................ 10
15. CHARGES DISCONTINUED ....................................................................................................... 10
16. ERRORS ......................................................................................................................................... 10
17. PENALTIES ................................................................................................................................... 11
SCHEDULE "A" - RATES AND CHARGES ....................................... Error! Bookmark not defined.
SCHEDULE "B" - FINES ..................................................................................................................... 13
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A Bylaw to provide for the imposition of a charge against the owner of real property for the use of the
garbage collection service operated by the District of Fort St. James, and to provide for the government,
management, terms and conditions under which garbage may be collected.
NOW THEREFORE the Council of the District of Fort St. James, in open meeting assembled, enacts as
follows:
1.
TITLE
1.1
This Bylaw may be cited for all purposes as "District of Fort St. James Garbage Collection and
Disposal Bylaw No. 832, 2006".
1.2
This Bylaw includes:
(a) Schedule "A" Rates and Charges
(b) Schedule "B" Fines
1.3
If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be
invalid by a decision of any court of competent jurisdiction, the invalid portion shall be severed,
without affecting the remainder of this Bylaw;
1.4
Metric dimensions are used in this Bylaw.
2.
REPEAL
The Fort St. James "Garbage Collection and Disposal Bylaw No. 333, 1980" and all amendments
thereto are hereby repealed.
3.
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
3.1
"ADMINISTRATOR" means the person duly appointed as the Administrator of the Municipality;
3.2
"APPROVED DISPOSAL SITE" means a site authorized by the Municipality, the Regional
District of Bulkley Nechako, or the Ministry of Environment for the deposit and disposal of
garbage.
3.3
"BIOMEDICAL WASTE" means waste that is generated by
(a) human health care facilities,
(b) medical research and teaching establishments,
(c) clinical testing or research laboratories, and
(d) facilities involved in the production or testing of vaccines,
and that contains or may contain pathogenic agents that may cause disease in humans exposed to
the waste.
3.4
"COLLECTION" means the removal of garbage by the Municipality or its contractor under this
Bylaw.
3.5
"COMMERCIAL PREMISES" means a building or part of a building occupied for the purpose of
carrying on a profession, trade or business.
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3.6
"COMMERCIAL SERVICE" means the garbage collection service established under section 7 of
this Bylaw.
3.7
"COMMERCIAL SERVICE USER" means a person who must use the municipal garbage
collection service under section 7.1.
3.8
"CONTRACTOR" means a person under contract to the Municipality to provide a service.
3.9
"DIRECTOR OF FINANCE" means the person duly appointed the Director of Finance of the
Municipality.
3.10
"DUMPSTER" means a container approved by the Public Works Superintendent that is capable of
being lifted and dumped by the municipal garbage truck;
3.11
"DWELLING UNIT" means
(a) a single family dwelling,
(b) in relation to a duplex, triplex or fourplex, each self-contained residential suite, or
(c) a secondary suite.
3.12
"GARBAGE" means discarded matter, but does not include any material listed in section 9.1 of
this Bylaw.
3.13
"GARBAGE CAN" means a receptacle of not more than 70 to 77 litres capacity with carrying
handles and a waterproof lid.
3.14
"GARBAGE CONTAINER" means a container for temporary storage of garbage which is capable
of keeping garbage dry and safe from dogs, birds, bears or other animals, and includes:
(a) garbage can
(b) dumpster
(c) box with hinged lid
3.15
"HAZARDOUS WASTE" means any gaseous, liquid or solid waste that, because of its inherent
nature and quality, requires special disposal techniques to avoid creating health hazards, nuisances
or environmental pollution, and includes:
(a) paint
(b) oil
(c) gypsum
(d) toxic waste
(e) poisonous waste
(f) corrosive waste
(g) ignitable waste
(h) explosive waste.
3.16
"IGNITABLE WASTE" means waste that is a
(a) flammable gas,
(b) flammable liquid, or
(c) flammable solid or substance susceptible to spontaneous combustion or substances that, on
contact with water, emit flammable gases as defined in the Special Waste Regulation of the
Province of British Columbia;
3.17
"MUNICIPALITY" means the District of Fort St. James.
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3.18
"MUNICIPAL GARBAGE COLLECTION SYSTEM" means the garbage collection system
established under section 4 of this Bylaw;
3.19
"PATHOLOGICAL WASTE" means
(a) any part of the human body, including tissues and bodily fluids, but excluding fluids,
extracted teeth, hair, nail clippings and like parts, that are not infectious,
(b) any part of the carcass of an animal infected with a communicable disease or suspected by a
veterinary practitioner to be infected with a communicable disease, or
(c) non-anatomical waste infected with communicable disease;
3.20
"PRIVATE COLLECTION" means a garbage collection service operating under a valid
Municipal business licence that is not operated by or on behalf of the Municipality;
3.21
"PUBLIC WORKS SUPERINTENDENT" means the person duly appointed the Public Works
Superintendent of the Municipality;
3.22
"RESIDENTIAL GARBAGE" means garbage generated by the occupants of a dwelling unit;
3.23
"RESIDENTIAL SERVICE" means the garbage collection service established under section 6.1
of this Bylaw.
3.24
"RESIDENTIAL SERVICE USER" means a person who must use the municipal garbage
collection service under section 6.
3.25
"SECONDARY SUITE" means a self-contained suite with a separate entrance and separate
bathroom within a building that was originally constructed as a single family dwelling or a legal
duplex, triplex or fourplex;
3.26
"SERVICE PERIOD" means the period of time associated with scheduled garbage collection
services.
3.27
"STREET" means a highway;
3.28
"TRADE OR INDUSTRIAL WASTE" means garbage resulting from the operation of industrial,
commercial or institutional premises;
3.29
"UNSERVICEABLE PROPERTY" means:
(a) any property or dwelling unit to which access from a street is inadequate for service as
determined by the Public Works Superintendent; or
(b) any property or dwelling unit which by its lack of proximity to other dwelling units being
provided basic service would result in excessively high costs or time being allocated to
service as determined by the Public Works Superintendent; or
(c) any property or dwelling unit the Public Works Superintendent determines is unsafe to
service.
4.
COLLECTION SYSTEM ESTABLISHED
4.1
A municipal garbage collection system is established to collect, remove and dispose of residential
and commercial garbage.
5.
SERVICE MANDATORY
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5.1
Subject to subsection 5.2, all serviceable residential and commercial properties shall be subject to
garbage collection under this bylaw.
5.2
Subsection 5.1 does not apply to dwelling units and commercial properties where garbage is
disposed through a private collection service as permitted under section 8.4.
6.
RESIDENTIAL SERVICE
6.1
Residential service consists of removal of garbage from garbage cans from one dwelling unit each
scheduled collection.
6.2
Unless otherwise approved by the Public Works Superintendent and scheduled accordingly,
garbage shall be collected once each week on the same day of each week.
7.
COMMERCIAL SERVICE
7.1
Commercial service consists of removal of garbage from garbage containers from one business
premises each scheduled collection.
7.2
Unless otherwise approved by the Public Works Superintendent and scheduled accordingly,
commercial garbage shall be collected three times each service period on the same days of each
week.
8.
ALTERNATE SERVICE
8.1
The Municipality shall not collect garbage from:
(a) an unserviceable property.
(b) a dwelling or premises approved under section 8.4 for service by a private collection service.
8.2
An owner of premises listed in subsection 8.1 shall ensure that garbage is removed from the
premises on a regular basis and taken to an approved disposal site to prevent the development of
noxious odours and the accumulation of garbage.
8.3
An owner of a dwelling or premises served by the municipal garbage collection system may apply,
in writing, to the Public Works Superintendent for permission to have his or her garbage collected
and disposed of by a private collection service.
8.4
The Public Works Superintendent may approve an application made under subsection 8.3 where
the applicant demonstrates that the municipal garbage collection system does not provide service
adequate to deal with the type or volume of garbage generated by the applicant.
8.5
If an application under Section 8.3 is approved, the applicant shall notify the Administrator in
writing of:
(a) the date private collection service will start, and
(b) the name of the collection service to be used.
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9.
UNACCEPTABLE MATERIALS
9.1
No person shall place any of the following items in any garbage container for collection by the
Municipality or its contractor:
(a) hazardous waste,
(b) biomedical waste,
(c) pathological waste,
(d) trade or industrial waste,
(e) raw sewage or septic tank sludge,
(f) items that will not fit in an approved garbage can, other than bundled cardboard
(g) demolition or construction waste,
(h) rocks,
(i) engine oil,
(j) oil filters, or
(k) automotive or marine-type batteries, or
(l) any other materials that are deemed to be unacceptable by the Regional District of Bulkley-
Nechako for deposit at the waste transfer station.
9.2
Any material listed in subsection 9.1 put out for collection by the municipal garbage collection
system shall not be collected.
10.
OWNER/OCCUPANT RESPONSIBILITIES
10.1
Every owner or occupier of a dwelling unit served by the municipal garbage collection system
shall:
(a) place all garbage in garbage can(s);
(b) ensure that each garbage can set out for collection does not weigh more than 22 kilograms or
have a total capacity greater than 77 litres;
(c) flatten or break down all corrugated cardboard and tie in bundles for collection;
(d) set out for collection by 7:00 a.m. on the collection day all garbage cans;
(e) place all garbage cans as close as possible to the edge of the street adjoining the dwelling unit
in a location clearly visible to collection workers, but not placed so as to obstruct vehicles or
pedestrians;
(f) remove all empty garbage cans from the street after collection and keep all garbage cans,
when not set out for collection, on the property from which the garbage originates;
(g) maintain all garbage cans in a safe, sanitary and usable condition;
(h) drain excess moisture from wet garbage and wrap wet garbage in a waterproof material before
placing it in the garbage can,
(i) ensure no liquid is deposited in any garbage can,
(j) ensure no liquid runs into or accumulates in any garbage can,
(k) cover all garbage cans at all times with a waterproof lid.
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10.2
Every owner or occupier of a commercial premises served by the municipal garbage collection
system shall:
(a) place all garbage in garbage container(s);
(b) ensure that each garbage can set out for collection does not weigh more than 22 kilograms or
have a total capacity greater than 77 litres;
(c) flatten or break down all corrugated cardboard and tie in bundles for collection;
(d) place all garbage containers in an accessible off-street location by 7:00 a.m. on the collection
day;
(g) maintain all garbage containers in a safe, sanitary and usable condition;
(h) drain excess moisture from wet garbage and wrap wet garbage in a waterproof material before
placing it in the garbage container,
(k) cover all garbage containers at all times with a waterproof lid,
11.
CONTAINER INSPECTION AND INVESTIGATION
11.1
The Public Works Superintendent must inspect and approve any commercial garbage containers
before they are put into use.
11.2
The Public Works Superintendent may inspect all garbage containers.
11.3
Garbage containers must be available for inspection at all reasonable hours.
11.4
The Public Works Superintendent may determine that a garbage container is no longer suitable for
use because it is broken, hazardous or unsanitary.
11.5
Any garbage container referred to in subsection 11.4 may be removed when the garbage is
removed.
11.6
The owner or occupier of the premises shall replace any garbage container referred to in
subsection 11.5 prior to their next scheduled collection.
12.
RIGHT OF ENTRY
12.1
Subject to the provisions of this Bylaw, the Public Works Superintendent or a bylaw enforcement
officer may enter at all reasonable times upon any property to determine whether the provisions of
this Bylaw are being obeyed.
13.
EXCLUSION OF OTHER SERVICE
13.1
No person shall operate within the Municipality any system for the collection and disposal of
garbage that interferes with the municipal garbage collection system, unless the person has been
authorized by the Municipality to operate such a system.
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14.
FEES FOR GARBAGE COLLECTION
14.1
The charges for garbage collection set out in Schedule "A" of this Bylaw are hereby imposed upon
owners or occupiers of property referred to in sections 6.1 and 7.1.
14.2
Charges imposed under this bylaw may be billed from time to time to a maximum of 12 times per
year.
14.3
Charges for garbage collection shall be levied from the earlier of
(a) the date of an occupancy permit issued under the current building bylaw; or
(b) the date of actual occupancy of a premises.
14.4
All charges shall be due and payable by the due date specified on the invoice.
14.5.1
A person who has not paid all user fees imposed under this bylaw in full, along with any
outstanding arrears, before the close of business on the date indicated on the statement, shall have
a penalty calculated as 5% of the current period charges added to their account.
14.5.2
A person may claim a discount of 25% of user fees imposed under this bylaw for their primary
residence if:
a) the person is aged 65 and over in the current calendar year, and
b) the person's account is not in arrears, and
c) The person's fees are paid before the close of business on the due date indicated on the
statement.
14.6
A charge imposed under this Bylaw which remains unpaid on the 31st day of December in any
year shall be deemed to be taxes in arrears on the land or real property on which the charge is
imposed.
15.
CHARGES DISCONTINUED
15.1
Charges for garbage collection will only be discontinued in respect of a dwelling unit or
commercial or other premises if
(a) the premises are permanently vacated;
(b) the premises are temporarily rendered uninhabitable because of fire or other similar disaster;
or;
(c) because of extended temporary vacancy, the owner of the premises has obtained a water
disconnect from the Municipality, in which case charges will resume when water service is
reconnected.
16.
ERRORS
16.1
An owner or occupier of a dwelling unit or commercial or other premises shall bring any alleged
error in any charge to the attention of the Administrator within one year of the end of the period
for which such garbage rates were imposed.
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16.2
No complaint of error shall be considered by the Municipality and no adjustment for any error
shall be made after a period of one year has elapsed from the end of the billing period in respect of
which the charges were imposed.
16.3
At the end of the period referred to in subsection 16.2, all charges shall be deemed to have been
properly and correctly made.
16.4
Despite subsections 16.2 and 16.3, the Administrator may authorize an adjustment for a period of
up to ten years to correct an error made by the Municipality.
17.
PENALTIES
17.1
A person who violates any of the provisions of this Bylaw shall
(a) upon summary conviction, be liable to pay a penalty of not more than $2,000.00;
(b) if an information is laid by means of a ticket, be liable to pay a fine as set out
in Schedule "B" of this Bylaw.
17.2
Where an offence against any provision of this Bylaw is of a continuing nature, a separate offence
shall be deemed to occur on each day the offence occurs or continues.
READ A FIRST, SECOND AND THIRD TIME THIS 22nd DAY OF FEBRUARY, 2006.
ADOPTED THIS 8th DAY OF MARCH, 2006.
Rob MacDougall, Mayor
Nigel Black, CAO
Certified a true copy of Bylaw No. 832, "District of Fort St. James Garbage Collection and Disposal Bylaw
No. 832, 2006."
Nigel Black, CAO
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SCHEDULE "A"
SOLID WASTE SERVICE USER RATES 2021 - 2025
Solid Waste User Rates 2021-2025 Paid Twice Annually
User Type
2021
2022
2023
2024
2025
Residential (per dwelling unit)
$69.70
$71.09
$72.51
$73.96
$75.44
Rental Units (other than Bachelor)
$56.49
$57.62
$58.77
$59.95
$61.14
Bachelor Suites
$33.65
$34.32
$35.01
$35.71
$36.42
Churches
$48.77
$50.48
$52.24
$54.07
$55.96
Service / Retail / Industrial 0 - 1,000
square feet
$48.77
$50.48
$52.24
$54.07
$55.96]
Service / Retail / Industrial 1,001 -
2,000 square feet
$85.36
$88.34
$91.44
$94.64
$97.95
Service / Retail / Industrial 2,001 -
5,000 square feet
$121.93
$126.20
$130.62
$135.19
$139.92
Service / Retail / Industrial 5,001
square feet and over
$158.51
$164.06
$169.80
$175.74
$181.89
Hotel / Motel / Inn / Lodge - per room
$12.19
$12.62
$13.06
$13.52
$13.99
Restaurant / Licensed Premise /
Entertainment Facility
$195.10
$201.93
$208.99
$216.31
$223.88
Hospital / School - per classroom/bed
$37.81
$39.13
$40.50
$41.92
$43.39
Industrial Bin - 1
$721.00
$735.42
$750.13
$765.13
$780.43
Industrial Bins - 2
$1,201.66
$1,225.70 $1,250.21
$1,275.21
$1,300.72
Industrial Bins - 3
$1,502.08
$1,532.12 $1,562.77
$1,594.02
$1,625.90
Industrial Bins - 4
$1,682.33
$1,715.97 $1,750.29
$1,785.30
$1,821.00
Refuse Container Rental (per bin)
$372.51
$379.96
$387.56
$395.32
$403.22
Secondary and Garden Suites
$27.88
$28.43
$29.00
$29.58
$30.17
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DISTRICT OF FORT ST. JAMES
GARBAGE COLLECTION & DISPOSAL
BYLAW NO. 832, 2006
SCHEDULE "B" - FINES
The following fines are prescribed for the purposes of this Bylaw:
OFFENCE
SECTION
FINE
Fail to dispose of garbage in accordance with the Bylaw
5.1
$100.00
Unacceptable material in container
9.1
$100.00
Fail to use suitable garbage container
10.1(b)
$50.00
Fail to remove empty containers
10.1(f)
$50.00