Waste Management Bylaw No. 1671, 2025 — full text, Invermere, British Columbia

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DISTRICT OF INVERMERE WASTE MANAGEMENT BYLAW NO. 1671, 2025 A bylaw to regulate the collection and disposal of waste, organic and recyclable materials and establish a service and fees to residents. WHEREAS pursuant to the Community Charter, Council may, by bylaw, impose a fee payable in respect to all or part of a service of the municipality and has the authority to regulate, prohibit or impose requirements; AND WHEREAS the District of Invermere has the authority to establish and operate a system for recycling, organic waste collection and the disposal of waste products, to compel persons to make use of such a system, and to prescribe the terms and conditions on which persons make use of the system; NOW THEREFORE the Council of the District of Invermere, in open meeting assembled, enacts as follows: 1. CITATION This Bylaw may be cited as "Waste Management Bylaw No. 1671, 2025". 2. DEFINITIONS "automated collection" means the collection of waste and recyclable materials by a system of mechanical lifting and tipping of containers into specially designed vehicles; "charge" means the annual charge levied in respect of each authorized user and dwelling unit for the collection and removal of residential waste and organic and recycling materials as set out in Schedule "A" to this bylaw; "collection cart" means residential waste collection carts, residential organic waste collection carts or residential recycling collection carts; "collection point" means a location where waste, organic and recyclable material is placed for collection by the collector; "collector" means an employee of the municipality or a person under contract to the municipality, who is engaged in the collection of residential waste and/or a person or agency to transport or process recyclable materials and to carry out duties imposed upon them; "Council" means the Council of the District of Invermere; "Director" means the Director of Public Works and Operations "District" means the District of Invermere; "Dwelling Unit" means a self-contained set of habitable rooms containing living quarters, sleeping facilities, sanitary facilities and not more than one (1) set of cooking facilities designed and intended for occupancy by only one family or household. District of Invermere Page 2 Waste Management Bylaw No. 1671, 2025 "eligible residential premise" means a residential premise that is eligible for the District of Invermere's curbside collection service. "noxious waste" means any offensive, volatile, or hazardous material or material which may be germ or vermin infested or have an offensive odour or be injurious to the health of a person handling it or injurious to vehicles containing it and without limited the generality of the foregoing, includes acids, animal excrement and similar things; "occupant" means and includes any occupant, owner, lessee, tenant or responsible employee thereof of any residential property or dwelling or trade premises. "organic waste" means food scraps and other compostable materials of a domestic nature, generated through ordinary day-to-day activities of the occupants of a residential premise and listed in Schedule "D" to this Bylaw; "prohibited waste" means the materials listed in Schedule "E" to this Bylaw; "residential premises" means any building or self-contained part thereof, used or intended for use as a dwelling, place of abode, or place of living by one family or tenant and includes each such unit of a duplex or townhouse, but does not include apartments and individual rooms in a hotel or motel; "residential organic waste collection cart" means a 120 litre cart owned by the District and assigned by the District to a residential premise for the purpose of collecting and containing residential organic waste and bringing such waste to a collection point; "residential recyclable materials" means material of a domestic nature, generated through ordinary day-to-day activities of the occupants of a residential premise and listed in Schedule "C" to this Bylaw; "residential recycling collection cart" means a 240 litre cart owned by the District and assigned by the District to a residential premise for the purpose of collecting and containing residential recyclable materials and bringing such materials to a collection point; "residential waste" means any discarded materials resulting from the day-to-day operations of a residential household, but does not include any waste prohibited by this bylaw; "residential waste collection cart" means a 120 litre cart owned by the District and assigned by the District to a residential premise for the purpose of collecting and containing residential waste and bringing such waste to a collection point; "trade waste" means all trade waste and includes furniture, appliances, carpets, propane containers, vehicle parts, tires, fuel and electric engines, building materials, soil, wood chips, lumber, concrete, plastic pipe, manure, rocks, paints, batteries, liquid petroleum, flammable and combustible liquids, pesticides, and any other non- District of Invermere Page 3 Waste Management Bylaw No. 1671, 2025 domestic noxious, offensive or discarded matter or substances, including land clearing debris and construction debris; "transfer station" means the Invermere Transfer station, owned and operated by the Regional District of East Kootenay, located at Industrial 1 road, Athalmer. "wildlife" means a deer, turkey, bear, cougar, coyote, wolf, skunk, raccoon, raven or crow; "wildlife attractant" 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 that is prescribed by regulation of the Ministry of Water, Land and Resource Stewardship "yard waste" means organic debris produced by the properties of residents, including but not limited to grass clippings, leaves, tree cones, tree branches, shrubs, bushes, and parts thereof, wood stumps, and soil; District of Invermere Page 4 Waste Management Bylaw No. 1671, 2025 3. GENERAL CONDITIONS (a) A waste management collection area is hereby established, and the boundaries of the waste, organics and recycling collection area are more particularly described on the map attached hereto as Schedule "B" and which forms part of this Bylaw. Every eligible residential premises within the District shall receive curbside waste collection, curbside organic waste collection and curbside recycling collection. No other system for the collection, removal and disposal of residential waste will be provided. The charges under Schedule "A" will be billed regardless of if the resident(s) chooses to use the services or not. The only exception is multi-family complexes that receive communal bin pick-up. (b) (i) Every owner or occupier of an eligible residential premises, within the collection area (see section 3(a) above), may use the waste collection system established by the municipality under this Bylaw and shall pay the applicable scale of charges set out in Schedule "A". (ii) When a new application is made to collect waste from a residential premise, the scale of charges established under subsection (i) shall begin with the month during which the service is provided. If the service is provided on or before the 15th day of that month, the full monthly rate shall be charged; otherwise charges will commence in the following month. (iii) Every owner or occupier of a commercial, government, institutional, industrial, or other non-residential premises where the waste is not collected by the municipality, shall pay the applicable scale of charges set out in Schedule "A" for the provision of large garbage containers provided at the transfer station located in the Industrial Park. (c) Beginning in June 2025, the collection of residential organic waste shall be made once weekly, collection of residential recycling shall be made once every 2 weeks and the collection of residential waste shall be made once weekly until September 2025 where collection will be made once every two weeks from all eligible residential premises within the waste and recycling collection area according to a schedule. (d) Every resident shall ensure any collection cart supplied by the District permanently remains on the residential premises to which it was issued unless authorized by the District. (e) The District shall be under no obligation to collect, accept or dispose of any residential waste, residential recyclable material and residential organic material or other materials or substances which do not comply with this Bylaw or are not set out for collection or otherwise provided to the District in accordance with this Bylaw. (f) No person or persons may accumulate, place, store or collect any wildlife attractants as defined in this bylaw in such a manner as to attract wildlife, thereby creating a risk to the safety of any person in the neighbourhood or vicinity or to the safety of any wildlife. District of Invermere Page 5 Waste Management Bylaw No. 1671, 2025 (g) Carts must not be put on the street for collection until 7:00am on the designated day of collection. Residents who do not comply with this condition are in breach of this bylaw and are liable for a fine. (h) Carts should be kept indoors where possible or otherwise securely stored so they are inaccessible to wildlife between collection days. (i) 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. (j) Residents are responsible for waste, recyclable or organic materials scattered from carts, and torn bags from any cause (wildlife, weather or other). If the District is required to clean up these materials due to an absent owner, the owner will be charged in accordance with District Policy. (k) All solids, gases, or liquids which might adhere to the residential waste collection cart, shall be separately wrapped or disposed of within individual disposable wrappings before being placed within the residential waste cart. (l) No person shall place or mix, with any residential waste or rubbish for removal, any explosive, volatile, corrosive materials, dangerous chemicals, or any other material dangerous to the health and/or safety of the collector. (m) The collector reserves the right to refuse to remove any trade waste, noxious matter, or discarded refuse. (m) No collector shall enter any building for the purpose of carrying out or returning thereto any collection cart, nor shall they demand or receive any gratuity, gift, payment or consideration for services rendered in connection with waste collection beyond their regular remuneration. (n) The Council may suspend collection service from residential premises where the collection carts or location are contrary to the provisions of the bylaw, but such suspension shall not waive any requirements or abate or waive any charges or rates under the provisions of this Bylaw. (o) Every person who offends against any of the provisions of this Bylaw, or who suffers or permits any act or thing to be done in contravention or violation of any of the provisions of this Bylaw, or neglects to do or refrains from doing anything to be done by this Bylaw, or who does any act or thing which violates any of the provisions of this Bylaw, shall be liable to the penalties prescribed by the Offence Act. District of Invermere Page 6 Waste Management Bylaw No. 1671, 2025 4. COLLECTION CARTS (a) Each eligible residential premise will be provided with three collection carts - a 120 litre residential waste collection cart that is wildlife resistant with a locking lid designed to reduce wildlife access, a 240 litre residential recycling collection cart for residential recycling and a 120 litre residential organic waste collection cart that is bear resistant with metal reinforcements on the lid and metal clip locking mechanisms designed to resist wildlife, including bears, access. On collection days, only these carts will be picked up by the automated collection trucks. Each cart will also be equipped with an RFID tag that is registered to the specific dwelling unit, providing an enhanced tracking system. (b) Collection carts shall at all times be kept on the residential premises and shall at no time be kept or put or encroach upon or project over any street or lane except when placed on such street or lane for the purpose of collection under this Bylaw. (c) Carts should be kept indoors where possible or otherwise securely stored so they are inaccessible to wildlife between collection days. (d) For residential collection purposes, all carts must be placed adjacent to either the front or side street. (e) The District shall provide replacement collection carts if the District determines that a collection cart has been lost, stolen, or damaged, or is otherwise not satisfactory to the District. If replacement is due to damages through no fault of the District or it's employees, the owner will be charged as stated in 'Schedule A' of this bylaw. 5. DISPOSAL REQUIREMENTS (a) No waste defined in this bylaw as noxious waste shall be set out for collection. (b) No waste defined in this bylaw as prohibited waste (outlined in Schedule E) shall be set out for collection. (c) No liquids or free water is permitted in any of the collection carts (d) All material defined as residential recyclable material under this bylaw (outlined in Schedule C) shall not be disposed of in the residential waste cart. (e) All material defined as organic waste under this bylaw (outlined in Schedule D) shall not be disposed of in the residential waste cart. District of Invermere Page 7 Waste Management Bylaw No. 1671, 2025 6. RECYCLING PROGRAMS (a) The District of Invermere 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 recycling program. (b) Any recyclable material not accepted under the curbside collection program is prohibited from being deposited into the designated residential recycling carts. (c) All recyclable material 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, plastic bags or tape. (d) Recyclable material 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. (e) 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. (f) The District of Invermere may suspend recycling collection from a residence that is routinely non-conforming with Bylaw requirements; but such suspension shall not waive any requirement or abate or waive any fees or charges under the provisions of this Bylaw. (g) Representatives of the District of Invermere are authorized to open recycling carts to inspect the contents for compliance with this Bylaw as required. (h) Representatives of the District of Invermere may tag non-compliant recycling carts for purposes of public education or enforcement. (i) The Director, or their designate, is hereby delegated authority to further define "recyclable 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 a public notice posting places. District of Invermere Page 8 Waste Management Bylaw No. 1671, 2025 7. ORGANICS PROGRAMS (a) The District of Invermere 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. (b) Only materials defined as organics under this bylaw shall be accepted into the designated residential organic waste carts, without contamination. (c) Metal clips must be removed from the organic waste cart only once set out on the street for collection. A cart will not be emptied if the clips are not removed at the time of collection. (d) 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 a residential organic waste cart contains any materials not permitted under this Bylaw, the collector may refuse to collect the entire contents of the cart. (e) The District of Invermere may suspend organics collection from a residence that is routinely non-conforming with Bylaw requirements; but such suspension shall not waive any requirement or abate or waive any fees or charges under the provisions of this Bylaw. (f) Representatives of the District of Invermere are authorized to open organics carts to inspect the contents for compliance with this Bylaw as required. (g) Representatives of the District of Invermere may tag non-compliant organics carts for purposes of public education or enforcement. (h) 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 a public notice posting places. 8. OFFENCES, PENALTIES & ENFORCEMENT a) Every Person who violates any provision of this bylaw, or who permits any act or thing to be done in contravention of this bylaw, or who fails to do any act or thing required by this bylaw, is guilty of an offence under this bylaw and: i. Shall be liable to a fine set out in the Municipal Ticket Information Bylaw as amended from time to time. ii. Shall be liable on summary to a fine of not more than $10,000 b) In addition to any fine imposed, the District may seek reimbursement for the cost of any prosecution, and seek any other penalty or order be imposed District of Invermere Page 9 Waste Management Bylaw No. 1671, 2025 pursuant to the Community Charter or Offence Act as amended from time to time. c) If an offence continues for more than one day, each day that the offence continues constitutes a separate and distinct offence. d) The Owner of any building of premises, within the District, who is not the Occupant thereof, shall be guilty of an offence against this bylaw where the Occupant has contravened any requirements of this bylaw. e) Nothing in this Bylaw limits the District from utilising any other remedy that is otherwise available to the District by law. f) The District 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 the purpose by the Community Charter. g) 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. 9. "Garbage Collection Bylaw No. 1593, 2021" and all amendments thereto are hereby repealed. Read a First Time this 13th day of May, 2025. Read a Second Time this 13th day of May, 2025. Read a Third Time this 13th day of May, 2025. ADOPTED this 27th day of May, 2025. signed "Al Miller" signed "Dean McKinley" ___________________________ __________________________ MAYOR CHIEF ADMINISTRATIVE OFFICER Certified a true copy of Bylaw No. 1671, 2025 this ______ day of _________________, ________. ______________________________ Corporate Officer District of Invermere Page 10 Waste Management Bylaw No. 1671, 2025 Schedule "A" 1. For each single-family dwelling, apartment unit or mobile home, the monthly rate for collection of garbage and the provision of large garbage containers throughout the municipality shall be the following: Effective Date Monthly Rate April 1- August 31, 2025 (weekly) $15.10 per dwelling unit September 1, 2025 (bi-weekly) $7.55 per dwelling unit 2. For each single-family dwelling, apartment unit or mobile home, the annual rate for curbside organics shall be the following Effective Date Monthly Rate June 1-August 31, 2025 (weekly) $6.50 per dwelling unit* September 1, 2025- (weekly) $11.50 per dwelling unit *The $5/month reduction for three months is in recognition of the owner potentially having to purchase a kitchen catcher. $5/month x 3 months = $15. 3. For each single-family dwelling, apartment unit or mobile home, the annual rate for curbside recycling shall be the following: Effective Date Monthly Rate April 1, 2025 (bi-weekly) $6.82 per dwelling unit 4. For each commercial, government, institutional, industrial, or other non- residential premises where the garbage is not collected by the municipality, the annual rate for the provision of large garbage containers throughout the municipality (includes downtown, Kinsmen Beach, etc.) shall be the following: Effective Date Monthly Rate April 1, 2025 $4.76 per premises This fee DOES NOT include garbage collection. 5. A 5% late payment fee shall be added to the outstanding balance of unpaid rates after the day upon which they become due and payable. 6. A collection cart fee for a new dwelling unit shall pay the actual costs of three residential carts. This will include one residential waste collection cart, one District of Invermere Page 11 Waste Management Bylaw No. 1671, 2025 residential recycling collection cart and one residential organics collection cart and includes the delivery of all three carts. 7. Residents are responsible to pay for the actual cost for a replacement cart if the cart is lost, stolen or damaged through no fault of the District or it's employees. Each replacement cart and associated fees are reviewed on a case-by-case basis depending upon the cause of the damage. (s.4(e)) 8. Residents are responsible to pay for the actual cost of a new lid, to replace a damaged lid. District of Invermere Page 12 Waste Management Bylaw No. 1671, 2025 Schedule "B" (Index on Map - cover schedule) This map shows the established boundary zones for households that may receive household waste, recycling and organic waste collection. District of Invermere Page 13 Waste Management Bylaw No. 1671, 2025 Schedule "C" ACCEPTABLE RESIDENTIAL RECYCLABLE MATERIAL The following materials are designated as Residential Recyclable Material: As defined by Recycle BC. 1. Paper - all mixed paper (such as newspaper, magazines, catalogues, phone books, brochures, books, envelopes, notepads, paper bags, paper party decorations with no glitter or plastic, non-food soiled paper plates, paper cups, disposable compressed paper coat hangers) Not accepted: Paper bags lined with foil or plastic, hard cover or paperback books 2. Cardboard - all types of cardboard (corrugated cardboard boxes, cardboard box packaging, egg cartons, non-food soiled carboard food packaging, frozen dessert boxes, gable-top cartons, spiral wound food cans) Not accepted: Cardboard soiled with food or grease 3. Tin & Aluminum - steel and aluminum cans and lids, metal storage containers, aluminum foil and foil disposables, Not accepted: Spray cans with any contents remaining 4. Plastics - Plastic jugs with screw tops, plastic clamshells, plastic jars and lids, plastic bottles and caps, plastic food trays, plastic tubs and lids, plastic cold drink cups with lids, plant pots and saucers, plastic pails, microwavable bowls and cups, nondurable plastic food containers, disposable plastic coat hangers, plastic straws, plastic stir sticks and cutlery, plastic gift boxes, plastic tape dispensers, plastic dental floss containers, Not accepted: Styrofoam, plastic bags and flexible plastic wrapping Other items that are not accepted: Glass bottles and jars, plastic recycling bags, squishy cushion packaging, reusable plastic bags, flexible plastics, foam of any type. District of Invermere Page 14 Waste Management Bylaw No. 1671, 2025 Schedule "D" ACCEPTABLE RESIDENTIAL ORGANIC WASTE MATERIAL The following materials are designated as Residential Organic Waste Material: 1. Organics: Food scraps and other compostable material, including but not limited to, small pet cage fill materials, hair, fur, wood shavings, wood popsicle sticks, wood stir sticks, wood skewers, wood toothpick, wood cutlery, leaves, cones, needles, berries, plants, tree, fruit, flowers, small branches, twigs and pruning (no larger than 30cm in length and 2cm in diameter), grass clippings, weeds, potting soil, untreated mulch, hay, straw, and coconut planter liners; but excluding noxious weeds, infested vegetation, cat feces and dog feces. 2. Food scraps: means compostable material acceptable at a composting facility, including but not limited to, plate scraping, fruits and vegetables, cooked and raw foods, meat, poultry, bones, fish, seafood, shellfish, shells, bread, grains, pasta, rice, cereal, pastries, cookies, cakes, muffins, eggs, eggshells, dairy products, cooking oil, fats, grease, condiments, sauces, gravy, jams, used paper plates, greasy pizza boxes, food-soiled paper packaging, paper straws, coffee grounds and filters, tea bags, food-soiled paper towels and napkins, used tissues, used paper towel, and newspaper used to hold food scraps. District of Invermere Page 15 Waste Management Bylaw No. 1671, 2025 Schedule "E" PROHIBITED MATERIALS The following materials are designated as Prohibited Materials: 1. Ashes which are smoldering, smoking or not properly quenched; 2. Automobile waste including automobile parts, tires, and batteries; 3. Compressed cylinders; 4. Dead animals; 5. Engine oil and oil filters; 6. Furniture; 7. Gas or propane liquids or any other liquid based petroleum product; 8. Hypodermic needles unless contained in a puncture-resistant receptacle; 9. Items likely to cause injury to a collector including glass, nails, knives, metal, or wood splinters unless contained in a puncture-resistant receptacle; 10.Household Hazardous Waste in general; 11. Luminescent gas filled electric discharge tubes or florescent tubes; 12. Material which could cause environmental damage; 13. Rocks;