Solid Waste, Recyclables and Organics Bylaw No. 40-67, 2021 — full text

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CITY OF KAMLOOPS SOLID WASTE, RECYCLABLES AND ORGANICS BYLAW NO. 40-67 Effective Date - May 18, 2021 Consolidated for Convenience Only This is a consolidation of "Solid Waste, Recyclables and Organics Bylaw No. 40-67, 2021". The amendment bylaws listed below have been combined with the original bylaw for convenience only. This consolidation is not a legal document. The original bylaws should be consulted for all interpretations and applications on this subject. Amendment Bylaw Effective Date Bylaw No. 40-68 Amendments related to Organics collection. August 16, 2022 Bylaw No. 40-69 Amendments related to Organics collection April 11, 2023 Bylaw No. 40-70 Replaces Schedules "A" and "B" December 12, 2023 Bylaw No. 40-71 Amendments related to Automated Collection Service replacing Schedule "A" June 11, 2024 Bylaw No. 40-72 Amendments related to Automated Collection Service replacing Schedule "A" August 27, 2024 Bylaw No. 40-73 Replaces Section 3.4(i)(i)(C), and Schedules "A" and "B" December 10, 2024 Bylaw No. 44-13 Consequential amendments due to adoption of Fees and Charges Bylaw No. 44-14 July 29, 2025 CITY OF KAMLOOPS BYLAW NO. 40-67 A BYLAW IN THE CITY OF KAMLOOPS TO PROVIDE A SYSTEM FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF SOLID WASTE The Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows: 1. PART 1 - INTRODUCTION 1.1 Title (40-69) This Bylaw may be cited as "Solid Waste, Recyclables, and Organics Bylaw No. 40- 67, 2021". 1.2 Repeal City of Kamloops Solid Waste and Recyclables Bylaw No. 40-59, 2011 and all amendments thereto are hereby repealed. 1.3 Parts This bylaw is divided into the following parts: Part 1 - Introduction Part 2 - General Part 3 - Municipal Solid Waste Collection Services Part 4 - Collection Fees and Subsidies Part 5 - Facilities Part 6 - Enforcement, Offences and Penalties Part 7 - Schedules 1.4 Definitions "APPROVED GARBAGE BAG" means a garbage bag constructed of 1.5 mm polyethylene and measuring 66 cm (approximately 26 in.) in diameter by 91 cm (approximately 36 in.) in height, and that does not exceed 22.7 kg (approximately 50 lb.) when placed out for collection. (40-68) "APPROVED ORGANICS BAGS" means a bag or liner that is certified compostable and intended to be used to contain food scraps inside a kitchen bin. "ASBESTOS" means "waste asbestos" as defined in the Hazardous Waste Regulation of the Environmental Management Act. "ASPHALT ROOFING" means waste asphalt shingles and tarpaper that are free of contamination other than nails and screws. BYLAW NO. 40-67 PAGE 3 (40-68) "AUTOMATED COLLECTION SERVICE" means the collection of Garbage, Recyclables, and Organics using a specially designed vehicle with mechanical apparatus, which empties a Solid Waste Container directly into a vehicle without requiring manual labour to empty the container. (40-72) "BEAR RESISTANT CART" means a Solid Waste Container and device whose material and construction are of sufficient strength and design to prevent access by wildlife during storage and which has been accepted by the British Columbia Conservation Foundation. "BULKY FURNITURE" means bulky items that require special handling or Disposal techniques, including, but not limited to, couches, hide-a-beds, and other large pieces of furniture that cannot be readily disassembled, but does not include mattresses and box springs. "BULKY WASTE" means items with a volume greater than two cubic meters (2 m3 or 70 ft.3 equivalent) or items with a length greater than 3 m or 9.8 ft. equivalent, including, but not limited to, hot tubs, camper units, pre-fabricated homes, trailers, non-motorized watercraft, and other articles that the Civic Operations Director determines require special handling or Disposal techniques. "CARCASS" means a dead animal or parts thereof. "CITY" means the City of Kamloops. "CIVIC OPERATIONS DIRECTOR" means the Person employed as such by the City, or their designate. "CLEAN FILL" means soil or sediment material, including topsoil, turf and sod, containing substances in quantities or concentrations less than those specified in the Contaminated Sites Regulation of the Environmental Management Act, that has been approved by the City, and does not contain contaminants such as, but not limited to Garbage, Wood Waste, plastic, metals, or vegetation. "COMINGLED DEMOLITION, RENOVATION, AND CONSTRUCTION WASTE or COMINGLED DRC WASTE" means multiple types of DRC Waste mixed together and/or DRC mixed with municipal Solid Waste. "COMMERCIAL PREMISES" means a building or part of a building situated within City boundaries that is used or intended to be used for any type of business, including, without limitation, the carrying on of commercial, industrial, professional, or non-profit undertakings of any kind. "COMMERCIAL WASTE" means any waste generated as a result of carrying on any type of business, including, without limitation, a commercial, industrial, professional, or non-profit undertaking of any kind. "COMMUNITY SERVICES OFFICER" means a person employed as such by the City; "COMPOST" means the soil amendment created by the natural decomposition of yard and garden waste. "CONTROLLED WASTE" means the waste listed in Schedule "C". BYLAW NO. 40-67 PAGE 4 "CORPORATE OFFICER" means the Person employed as such by the City, or their designate. "CORPORATE SERVICES DIRECTOR" means the Person employed as such by the City, or their designate. "COUNCIL" means the Municipal Council for the City of Kamloops. "CRUSHABLE MATERIAL" means materials that can be readily crushed for use as a construction aggregate, including, but not limited to, asphalt, concrete (with or without rebar or metal reinforcing), masonry, brick, or ceramic, but only so long as such materials do not include plastic, insulation, wood, Asbestos, Garbage, vegetation, or other contaminants. (40-71) "CURBSIDE COLLECTION" means Automated Collection Service whereby the collection days follow the annual calendar schedule. "DISPOSAL" means the placement of Solid Waste into a Facility. "DEMOLITION, RENOVATION, AND CONSTRUCTION WASTE or DRC WASTE" means waste originating from any site where a human-made structure is totally or partially disassembled or erected, including, but not limited to, materials such as wood, gypsum or plaster wallboard, insulation, roofing, metal or plastic siding, concrete, asphalt, large plastic wrapping (lumber, insulation, vapor barrier), plumbing or electrical fixtures, cabinets, bricks, masonry, flooring, carpet, plumbing, electrical, and glass. "DWELLING or DWELLING UNIT" means two or more rooms used or intended to be used for residential accommodations that have cooking, sleeping, and sanitary facilities. "FACILITY" means any Landfill, Yard Waste Site, or Recycling Depot owned by the City, including Mission Flats Landfill, Barnhartvale Landfill, Kamloops Resource Recovery Centre, Cinnamon Ridge Compost Facility, and Bunker Road Yard Waste Site, and Recycling Depot. "FACILITY OPERATOR" means the Person employed by or having a contract with the City for the operation of a Facility, or their delegate. (40-68) "FOOD SCRAPS" means compostable material acceptable at a composting facility, including but not limited to, plate scrapings, 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 tissue, used paper towel, and newspaper used to hold food scraps. "FREON-CONTAINING APPLIANCE - COMMERCIAL" means an appliance containing Freon that is not collected under the Major Appliance Recycling Roundtable (MARR) stewardship plan, including, but not limited to, water coolers / dispensers, large central air conditioner units, commercial or industrial coolers, and refrigerated display units. BYLAW NO. 40-67 PAGE 5 (40-68) "GARBAGE" means all waste other than Organics, Yard Waste, and Recyclables, and does not include DRC Waste, Hazardous Waste, Land Clearing Waste, or Prohibited Waste. "HAZARDOUS WASTE" has the meaning ascribed in the Hazardous Waste Regulation of the Environmental Management Act. "INFESTED VEGETATION" means trees, shrubs, herbaceous plants, or associated fruit that show the presence of plant disease, noxious insects, pathogens, or related pests that have caused or are likely to spread the infestation or cause significant damage to trees, shrubs, herbaceous plants, or associated fruit. "LAND CLEARING WASTE" means mixed vegetation, including branches, stumps, woody materials, and non-contaminated soil and rock, that result from land clearing or grubbing, utility line maintenance, or seasonal or storm related cleanup. "LANDFILL" means a location for final Disposal of Solid Waste where the Solid Waste is spread and compacted and cover material is applied daily, so that the effects on the environment are minimized. "MATERIAL RECOVERY FACILITY" means a facility that accepts Recyclables and sells the Recyclables on the open market. "MULTI-FAMILY DWELLING" means a building or part of a building used or intended to be used for three or more Dwelling Units. "OCCUPIER" means a Person who occupies or uses any land or building situated within City boundaries, and includes, without limitation, all tenants and lessees of the said lands or buildings. (40-68) "ORGANICS" means 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 toothpicks, wood cutlery, leaves, cones, needles, berries, plants, tree fruit, flowers, small branches, twigs and prunings (no larger than 30 cm in length and 2 cm in diameter), grass clippings, weeds, potting soil, untreated mulch, hay, straw, and coconut planter liners; but excluding noxious weeds, infested vegetation, cat feces, or dog feces. "PERSON" means any individual, partnership, corporation, society or association. "PRINCIPAL BUILDING" means the primary building on the parcel of real property. "PROHIBITED WASTE" means gaseous, liquid, or industrial waste, waste originating outside the Thompson-Nicola Regional District, or any other Solid Waste that is not accepted for Disposal at a Facility. "PROPERTY OWNER" means the registered owner of any lands or buildings situated within City boundaries. BYLAW NO. 40-67 PAGE 6 "RECYCLABLES" means a product or substance no longer usable in its current state that can be diverted or recovered from Solid Waste and used in the processing or manufacture of a new product and includes, without limiting the foregoing, paper, cardboard, plastic or metal containers, and any other items designated as recyclable by the Civic Operations Director. "RECYCLING DEPOT" means a facility for the receiving, collection, sorting, and temporary storage of Recyclables whose operation is the responsibility of the City or its designate as part of the City's recycling program. "SECONDARY SUITE" means a second Dwelling Unit located within the Principal Building of residential occupancy containing only one other Dwelling Unit. "SINGLE-FAMILY DWELLING OR DUPLEX DWELLING" means one or more rooms forming a single unit that is / are used or intended to be used for residential accommodations and contains cooking, sleeping, and sanitary facilities. (40-68) "SOLID WASTE" means household-generated waste (including Garbage, Organics, Yard Waste, and Recyclables), Commercial Waste, and DRC Waste. "SOLID WASTE BIN" means a three, four, six, or eight cubic yard bin (3 yd3, 4 yd3, 6 yd3, or 8 yd3) that has been specially designed for Automated Collection Service and is used or intended to be used with Automated Collection Service or any private bin collection service. "SOLID WASTE CART" means a 120 L, 180 L, 245 L or 360 L wheeled container provided by the City for use with Automated Collection Service. "SOLID WASTE CONTAINER" means a Solid Waste Cart or Solid Waste Bin. "SURPLUS GARBAGE TAG" means a tag for excess Solid Waste issued by the City in accordance with this bylaw. "UNSECURED LOAD" means a load on a vehicle or trailer attached to a vehicle, such that there is the potential for materials to leak, spill, blow out, fall, or otherwise be dislodged from the vehicle or trailer attached to the vehicle entering or exiting a Facility. "WILDLIFE ATTRACTANT" means any substance that could be reasonably expected to attract wildlife, including, but not limited to, any and all kitchen and food wastes, unclean food and beverage containers, pet food, offal, and accumulations of discarded fruit, whether on public or private land. "WOOD WASTE" means waste originating from or containing wood, including, but not limited to dimensional lumber, plywood, pressed board or medium density fibreboard (MDF), treated wood (not including creosote), branches greater than 61 cm in diameter and 2 m long and free from contamination such as, but not limited to, rocks, metals (other than nails and screws), wire, fibreglass, Asphalt Roofing material, fasteners, and other vegetation. "YARD WASTE" means biodegradable, organic materials, substances, or objects, including, but not limited to, grass, lawn and hedge clippings, flowers, weeds, leaves, garden waste, shrubs, shrub and tree prunings up to 61 cm (approximately 24 in.) in BYLAW NO. 40-67 PAGE 7 diameter, and material, which originates from household, commercial, or municipal gardening or other horticulture activities, but does not include turf, sod, tree stumps, noxious weeds, boulders, rocks, sand, soil, fruit, or vegetable material. 1.5 Enactment Any act or enactment referred to herein is a reference to an enactment of the Province of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time, and any bylaw referred to herein (as may be cited by short title or otherwise) is a reference to an enactment of the Council of the City of Kamloops, as amended, revised, consolidated or replaced from time to time. 1.6 Severability If a section, subsection, sentence, clause, or phrase of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, it shall be severed and such decision shall not affect the validity of the remaining portions of this bylaw. 2. PART 2 - GENERAL 2.1 Role of the Civic Operations Director (a) The Civic Operations Director may administer and enforce this bylaw, including the supervision, control, and direction of Solid Waste collection, as well as the removal of Solid Waste from any property within City boundaries and the appropriate Disposal thereof. (b) The Civic Operations Director may regulate and control the type and nature of waste Disposal at a Facility. (c) The Civic Operations Director may from time to time prescribe the form of applications, certificates, and other documents required in the administration of this bylaw. (d) The Civic Operations Director may prohibit a Person from entering or using a Facility. 2.2 Responsibility for Waste Storage and Removal (a) No Person shall dispose of Solid Waste, except in accordance with this bylaw. (b) No Property Owner or Occupier shall cause or permit the accumulation of Solid Waste, except where such Solid Waste is placed in suitable Solid Waste Containers for collection and removal. (c) Property Owners and Occupiers shall deposit all Solid Waste in an approved Solid Waste Container. (d) Property Owners and Occupiers shall, at all times, maintain all Solid Waste Containers in a clean and sanitary condition and cover all Solid Waste Containers securely with the lid. BYLAW NO. 40-67 PAGE 8 (e) Property Owners and Occupiers are responsible for preventing damage to the Solid Waste Container(s) located on their property. (40-72) (f) No Property Owners or Occupier shall accumulate, store, or collect any Wildlife Attractants unless stored, accumulated, or collected in an enclosed structure or securely fastened Bear-Resistant Cart. (g) Private companies providing recycling collection services to Multi-family Dwellings shall accept all Recyclables. (h) Private companies providing recycling collection services shall deliver all Recyclables to a Material Recovery Facility. 2.3 Single-family Dwellings and Duplex Dwellings (40-68) (a) Property Owners and Occupiers of Single-family Dwellings or Duplex Dwellings shall use Automated Collection Service for removal of Garbage, Recyclables, and Organics. (b) Notwithstanding section 2.3(a), the Civic Operations Director may exclude a Single-family Dwelling or Duplex Dwelling from Automated Collection Service if the Civic Operations Director determines that the collection vehicle will not have convenient and safe access to and from the subject premise in general, and to and from the designated collection point in particular. (40-68) 2.4 Multi-family Dwellings (a) Property Owners and Occupiers of Multi-family Dwellings may apply to the Civic Operations Director for use of Automated Collection Service for removal of Garbage, Recyclables, and Organics. (b) Upon receiving an application, the Civic Operations Director may authorize the provision of Automated Collection Service if the Civic Operations Director is satisfied that: (i) the Multi-family Dwelling is within City boundaries; (ii) the collection vehicle will have convenient and safe access to and from the Multi-family Dwelling in general, and to and from the designated collection point in particular; and (iii) the anticipated amount, frequency, and type of Garbage, Recyclables, and Organics will be compatible with Automated Collection Service. (c) If the Civic Operations Director authorizes the provision of Automated Collection Service pursuant to section 2.4(b), then they may provide the Multi-family Dwelling with whatever Solid Waste Containers they deem appropriate for Automated Collection Service. (40-69) (d) [Repealed by Bylaw No. 40-69] BYLAW NO. 40-67 PAGE 9 (e) If the Civic Operations Director authorizes the provision of Automated Collection Service for Organics pursuant to section 2.4(b) for the Multi-family Dwelling, Property Owners and Occupiers shall not place Organics into Solid Waste Containers intended for Garbage Disposal. (f) Multi-family Dwelling Property Owners shall provide collection services for Recyclables at a scale and frequency that is equivalent to or exceeds the Automated Collection Service provided for by the City, and such service may be provided by the City or by a private service provider, at the discretion of the Property Owner. (40-69) 2.5 Commercial Premises (a) Property Owners and Occupiers of Commercial Premises may apply to the Civic Operations Director for use of Automated Collection Service for removal of Garbage, Recyclables, and Organics. (b) Upon receiving an application, the Civic Operations Director may authorize the provision of Automated Collection Service if the Civic Operations Director is satisfied that: (i) the Commercial Premises is within City boundaries; (ii) the collection vehicle will have convenient and safe access to and from the Commercial Premises in general, and to and from the designated collection point in particular; and (iii) the anticipated amount, frequency, and type of Garbage, Recyclables, and Organics will be compatible with Automated Collection Service. (c) If the Civic Operations Director authorizes the provision of Automated Collection Service pursuant to section 2.5(b), then they may provide the Commercial Premises with whatever Solid Waste Containers they deem appropriate for Automated Collection Service. (d) Property Owners and Occupiers shall not place Recyclables into Solid Waste Containers intended for Garbage Disposal. 3. PART 3 - MUNICIPAL SOLID WASTE COLLECTION SERVICES 3.1 The City may decrease the scale or frequency of Automated Collection Service at any time, without notice, for any reason, and may, but is not required to, provide a corresponding reduction in utility fees. 3.2 The City may suspend Automated Collection Service, but the suspension shall not waive any requirement, or abate, or waive any fees or penalties under the provisions of this bylaw, if: (a) the Solid Waste Containers, whether by location or design, are not accessible for Automated Collection Service pickup; (b) items other than Recyclables have been deposited in a Solid Waste Container designated for Recyclables; BYLAW NO. 40-67 PAGE 10 (c) items other than Garbage have been deposited in a Solid Waste Container designated for Garbage; (40-68) (d) Solid Waste Carts are set at the curb earlier than 4:00 am on collection day between April 1 and November 30; (40-68) (e) Solid Waste Containers are not utilized properly; or (40-68) (f) items other than Organics have been deposited in a Solid Waste Container designated for Organics. 3.3 Waste That Will Not Be Accepted (a) No Person shall deposit in any Solid Waste Container any of the following: (i) Hazardous Waste, or other waste that is dangerous or highly offensive; (ii) waste that is on fire, smoldering, flammable, or explosive; (iii) ashes; (iv) batteries; (v) biomedical waste; (vi) pathological waste; (vii) Carcasses; (viii) oversized items of any kind that exceed two (2) feet in any dimension; (ix) DRC Waste; (x) wood or Wood Waste; (xi) branches or logs; (xii) dirt, sod, or soil; (xiii) rocks, cement, or asphalt; (xiv) engine oil or oil filters; (xv) liquids, semi-solids, or sludge; (xvi) animal feces that is not double bagged; (xvii) large amounts of animal feces, waste, or related pet litter (xviii) compressed gas cylinders, including, but not limited to: propane tanks, helium tanks, carbon dioxide cylinders, and fire extinguishers; BYLAW NO. 40-67 PAGE 11 (xix) any material or item that can be recycled at drop off locations within any government mandated Extended Producer Responsibility Program; (xx) any material or item contained in a regional government diversion initiative or Solid Waste materials ban at any regional government waste disposal facility; (xxi) any material prohibited from being deposited into a Facility; or (40-68) (xxii) (Section repealed). (40-68) (b) Pet waste, sawdust, sweepings, vacuum contents, dusty materials, hygiene products, cleaning cloths, disposable wipes, face masks, gloves, and other items that have the potential to contain pathogens shall be enclosed in Approved Garbage Bags prior to being placed in any Solid Waste Container intended for Garbage Disposal. (c) All Recyclables shall be separated from Garbage and placed loose in Solid Waste Containers designated for Recyclables. (40-68) (d) All Organics shall be separated from Garbage and placed either loose or in Approved Organics Bags in Solid Waste Containers designated for Organics. 3.4 Automated Collection Service for Solid Waste Carts (a) All Persons participating in Automated Collection Service for Solid Waste Carts shall deposit Solid Waste in a Solid Waste Cart. (44-13) (b) All Persons participating in the Automated Collection Service for Solid Waste Carts shall lease a Solid Waste Cart from the City at the rates specified in Fees and Charges Bylaw No. 44-14. (c) No Person shall cause or permit the contents of a Solid Waste Cart for which they are responsible to exceed the following weight limits: (i) 120 L carts - 57 kg; (ii) 180 L carts - 76 kg; (iii) 245 L carts - 100 kg; and (iv) 360 L carts - 154 kg. (d) Solid Waste exceeding the weight limits established in 3.4(c) will only be collected if: (44-13) (i) excess Garbage is placed in an Approved Garbage Bag with a Surplus Garbage Tag affixed to each bag, which can be obtained from the City by paying the fee specified in Fees and Charges Bylaw No. 44-14; or BYLAW NO. 40-67 PAGE 12 (ii) excess Recyclables are placed loose in a cardboard box or a reusable tote. (e) All Solid Waste Carts shall be registered to a specific address and shall not be removed from the registered address. (44-13) (f) A Property Owner may exchange a Solid Waste Cart leased from the City by paying the cart exchange fee specified in Fees and Charges Bylaw No. 44-14. (44-13) (g) Solid Waste Carts leased from the City that are damaged, lost, or stolen as a result of neglect or misuse on the part of the Property Owner or Occupier shall be replaced at the expense of the Property Owner by paying the replacement fee specified in Fees and Charges Bylaw No. 44-14. (40-68) (h) Solid Waste Carts are owned and distributed by the City and are to be used exclusively for the storage and collection of Garbage, Recyclables, and Organics, and shall not contain any other material, or be used for any other purpose. (40-71) (i) Automated Collection Service for Solid Waste Carts for: (i) Single-Family Dwellings, Duplex Dwellings, and Multi-Family Dwellings on Curbside Collection shall consist of: (A) one collection every two weeks for Garbage; (B) one collection every two weeks for Recyclables; and (C) one collection every week for Organics; (ii) Commercial Premises and Multi-Family Dwellings not on Curbside Collection shall consist of one collection every week for Garbage and Recyclables; or or as otherwise directed by the Civic Operations Director. (40-72) (j) For Automated Collection Service of Solid Waste Carts, Property Owners or Occupiers shall: (i) maintain all Solid Waste Carts in a clean and sanitary condition; (ii) ensure that the lids of all Solid Waste Carts are securely closed; (iii) ensure lids of Bear-Resistant Carts are securely fastened when carts are not set at the curb for collection; (iv) ensure Solid Waste is not compressed such that it cannot fall freely from the Solid Waste Cart during the collection process; (40-73) BYLAW NO. 40-67 PAGE 13 (v) place Solid Waste Carts next to the lane, on the edge of the roadway, or at a place designated by the Civic Operations Director for collection, and ensure that the Solid Waste Carts are at least 1 m away from objects to the side of the cart and three 3 m away from overhead obstacles above the carts, including, but not limited to, other Solid Waste Carts, parked cars, and vegetation; (vi) place Solid Waste Carts out for collection by 7:00 am on collection day; (vii) ensure clips on Bear-Resistant Carts are unfastened by 7:00 am on collection day and refastened by 7:00 pm on collection day; (viii) ensure that Solid Waste Carts are set out no earlier than 4:00 am on collection day between April 1 and November 30; (ix) remove all Solid Waste Carts from the collection point by 7:00 pm on collection day; x) report any damaged, lost, or stolen Solid Waste Carts immediately to the Civic Operations Director; and (xi) ensure that Solid Waste Carts are stored securely and made inaccessible to wildlife. (40-68) (vii) remove all Solid Waste Carts from the collection point by 7:00 pm on collection day; (40-68) (viii) report any damaged, lost, or stolen Solid Waste Carts immediately to the Civic Operations Director; and (40-68) (ix) ensure that Solid Waste Carts are stored securely and made inaccessible to wildlife. (k) The Civic Operations Director may designate an alternate location for the placement of Solid Waste Carts if the collection vehicle access is hampered by any circumstance. (l) The Civic Operations Director may authorize the provision of set out / set back service, whereby the collection crew moves a Person's Solid Waste Carts to and from the collection point on collection day: (i) at no cost for medical set out / set back service, if the Civic Operations Director is satisfied that the Person: (A) regularly resides at the premise at which the medical set out / set back service will apply; (B) has a physical disability or medical condition that prevents them from moving their Solid Waste Cart to and from their collection point; and (C) has no able-bodied assistance available to them. BYLAW NO. 40-67 PAGE 14 (44-13) (ii) by paying the fee specified in Fees and Charges Bylaw No. 44-14 for non-medical set out / set back service between April 1 to November 30, if the Civic Operations Director is satisfied that the Person: (A) regularly resides at the premise at which the non-medical set out / set back service will apply; (B) has a valid reason preventing them from moving their Solid Waste Carts to and from their collection point between April 1 to November 30 between the hours of 4:00 am and 7:00; and (C) has no able-bodied assistance available to them. (44-13) (iii) by paying the fee specified in Fees and Charges Bylaw No. 44-14 for multi-family set out / set back services. (m) Medical set out / set back service application forms, non-medical set out / set back service application forms, and multi-family set out / set back service application forms may be obtained from the Civic Operations Director. (n) When the Civic Operations Director has authorized a set out / set back service, the collection crew may enter onto the subject premise to collect the applicable Solid Waste Cart, provided the Solid Waste Cart is visible from the designated collection point and there is a safe and clear passageway. 3.5 Automated Collection Service for Solid Waste Bins (a) All Persons participating in Automated Collection Service for Solid Waste Bins shall deposit Solid Waste in an approved Solid Waste Bin. (b) The Civic Operations Director may approve a Solid Waste Bin or compacting Solid Waste Bin for use with Automated Collection Service if the Civic Operations Director is satisfied that the Solid Waste Bin: (i) is designed to be mechanically lifted directly into a vehicle for Automated Collection Service; and (ii) is compatible with Automated Collection Service equipment and City protocol. (c) Where any Solid Waste Bin is not suitable for Automated Collection Service because it poses or may pose a risk to a Person or property as determined by the Civic Operations Director, the Property Owner or Occupier shall immediately remove and replace the Solid Waste Bin. (d) The Civic Operations Director is authorized to make decisions regarding the time and frequency of Automated Collection Service and the location and number of approved Solid Waste Bins. (e) All Solid Waste Bins shall be stored on a hard surfaced pad that conforms to the requirements of the City's Zoning Bylaw. (f) For Automated Collection Service of Solid Waste Bins, every Property Owner or Occupier shall: BYLAW NO. 40-67 PAGE 15 (i) maintain Solid Waste Bins in a clean and sanitary condition; (ii) ensure that lids are fully closed at all times, or if the lids are not fully closed, place Solid Waste Bins inside a fully enclosed structure; and (iii) clean up any waste that escapes from a Solid Waste Bin onto private or public property, the highway, street, lane, or public way. 3.6 Scavenging Prohibited (a) The contents of any Solid Waste Container placed out for Automated Collection Service become the property of the City, provided that the contents comply with the requirements of this bylaw. (b) Only the collection provider and the Property Owner or Occupier of the premise from which the contents originate are permitted to remove any material from a Solid Waste Container. 3.7 Container Inspection and Investigation (a) The Civic Operations Director and Community Services Officers may inspect any Solid Waste Container and its contents to determine compliance with this bylaw. (b) All Solid Waste Containers shall be available for inspection at all reasonable hours, or on request. 4. PART 4 - COLLECTION FEES AND SUBSIDIES 4.1 Solid Waste Utility Fees (a) A Solid Waste utility fee is imposed on all Property Owners on whose property one or more Dwelling Units are situated, unless the Civic Operations Director has granted an exemption in accordance with this bylaw. (44-13) (b) The Solid Waste utility fees for Garbage, Recyclables, and Organics imposed herein shall be calculated in accordance with the fees specified in Fees and Charges Bylaw No. 44-14, and are payable whether or not: (i) any of the Dwelling(s) situated on the real property are used or occupied; (ii) the Property Owner makes use of the Automated Collection Service; or (iii) the Automated Collection Service is interrupted or altered in any manner. (c) A parcel of real property containing only one principal Single-family Dwelling with a Secondary Suite shall be treated as a single Dwelling Unit for the purposes of Automated Collection Service. BYLAW NO. 40-67 PAGE 16 (d) Solid Waste utility fees will begin on the earlier of: (i) the date of delivery of the Solid Waste Container; or (ii) the occupancy date. (e) A Person who feels that they have been unjustly charged or incorrectly billed for Automated Collection Service may appeal to the Civic Operations Director by giving written notice stating the grounds for appeal. (f) The Civic Operations Director may exempt a Person from all or part of a Solid Waste utility fee if they are satisfied that: (i) the Solid Waste utility fee was, in whole or in part, incorrectly issued by the City; (ii) it would be in the best interests of the City to exempt the Person in consideration of all the surrounding circumstances; or (iii) it would be just and fair to exempt the Person in consideration of all the surrounding circumstances. (g) A Person who wishes to appeal a decision of the Civic Operations Director concerning an exemption may appeal to Council by: (i) giving written notice to the Corporate Officer stating the grounds for appeal; and (ii) appearing before Council at the time and place designated by Council for the appeal hearing, and on hearing the appeal, Council may confirm, set aside, or revise such exemption decision made by the Civic Operations Director, as it may deem appropriate. (h) Non-receipt of a Solid Waste utility bill will not exempt a Property Owner from paying for the services received. (i) Solid Waste utility bills for Automated Collection Services will be invoiced on a semi-annual, quarterly, or monthly basis and are due and payable as follows: (i) Semi-annual billing cycles, due dates shall be March 31 and September 30; (ii) Quarterly billing cycles, due dates shall be March 31, June 30, September 30, and December 31; or BYLAW NO. 40-67 PAGE 17 (iii) Monthly billing cycles, due dates shall be thirty (30) days following the invoice date; save and except that where one of the above due dates falls on a Saturday, Sunday or statutory holiday, then the amount is due and payable on the immediately preceding day on which the City offices are open for business. (j) All amounts not paid by the applicable due date will be subject to twelve percent (12%) interest per annum, calculated annually; however, in emergency situations, Council may, by resolution, offer interest relief on unpaid accounts. (k) Payments, including those made at a financial institution, must be received by the City on or before the applicable due dates in order for Property Owners to avoid interest charges. (l) A Person may be charged retroactively for Automated Collection Services provided. (m) Payments shall be applied to the oldest balance first, then to interest, and then to current charges. (n) All Solid Waste utility fees and other fees imposed under this bylaw may be collected in the same manner and with the same remedies as property taxes on the premise in respect of which they are imposed and, if unpaid on December 31 of the year in which they are imposed, shall be deemed to be taxes in arrears. 4.2 Subsidies (a) The Corporate Services Director may grant to a Person a fifty percent (50%) fee subsidy for Automated Collection Service if the Corporate Services Director is satisfied that the Person: (i) regularly resides in the premise to which the fee subsidy will apply; (ii) is 65 years of age or over, or is designated as a Person with a disability; and (iii) has a total household monthly income that does not exceed the maximum stipulated by the federal government for the Guaranteed Income Supplement. (b) Automated Collection Service fee subsidy application forms may be obtained from the Corporate Services Director. BYLAW NO. 40-67 PAGE 18 5. PART 5 - FACILITIES 5.1 The Civic Operations Director, Community Services Officers, and Facility Operators are authorized to enforce the provisions of Part 5 [Facilities] of this bylaw and to provide direction to Facility visitors for the safe operation of a Facility. 5.2 In addition to any other penalty imposed under this bylaw, a Person who violates any provision in Part 5 of this bylaw, or who neglects or refuses to comply with the directions of the Civic Operations Director, a Community Services Officer, or a Facility Operator may be: (a) banned from entering a Facility; and (b) charged for all costs required to remediate the Facility. 5.3 Facility visitors shall comply with this bylaw and the directions of the Facility Operator, including posted signage at the Facility. Without limiting the foregoing, Facility visitors shall not: (a) make unauthorized disposal of or fail to disclose Prohibited Waste at a Facility; (b) make unauthorized disposal of or fail to disclose Controlled Waste at a Facility, except in accordance with the specifications contained in Schedule "C"; (c) make unauthorized disposal of or fail to disclose Solid Waste at a Facility, except as directed by Facility Operators; (d) cause contamination of waste or recycling material stockpiles; (e) enter a Facility while it is closed without prior written consent from the Civic Operations Director; (f) bully or harass any Facility visitor or Facility Operator, or otherwise hinder, delay, or obstruct a Facility Operator in the exercise of their duties; (g) operate a vehicle in a Facility exceeding the posted speed limit or in a dangerous manner, including driving too close to equipment or Persons, and harsh acceleration or braking while entering or exiting the scale deck; (h) operate a vehicle with an Unsecured Load; (i) enter a Facility without first checking in with the Facility Operator; (j) light, smoke, or vape any cigarette, cigar, pipe, e-cigarette, or other substance within the boundaries of a Facility; (k) ignite a fire or cause a fire to be ignited at any Facility or bring any burning, smouldering, or hot loads of material to a Facility; (l) remain at a Facility longer than is required to deposit Solid Waste or conduct other business related to Facility operation; or BYLAW NO. 40-67 PAGE 19 (m) make audio or video recordings of any kind, including photographs, unless otherwise approved by the Civic Operations Director or Facility Operator. (44-13) 5.4 The fees specified in Fees and Charges Bylaw No. 44-14 are established and imposed for the Disposal of Solid Waste at a Facility. (a) Loads containing more than one material and mixed loads will be charged at the highest applicable fee. (b) Facility visitors may unload materials and re-weigh their load to apply lower fees for separated materials. 5.5 Solid Waste deposited at a Facility becomes the property of the City, unless the Solid Waste was deposited in contravention of this bylaw. 5.6 Solid Waste may not be removed or salvaged after Disposal at a Facility without the written consent of the Civic Operations Director. 5.7 The Facility Operator may inspect any load entering a Facility to determine the nature of the waste contained in the load. 5.8 The Facility Operator may reject any load or have alternative Disposal arrangements made if the nature of the waste contained in the load is deemed not appropriate, or if there is no available capacity at the Facility. 5.9 Neither children under the age of 13 years nor animals are permitted at a Facility, except when they remain in the confines of a vehicle. 5.10 Accounts may only be used in accordance with Schedule "D". 5.11 Yard Waste Sites (a) City residents and businesses may dispose of Yard Waste at locations designated by the Civic Operations Director. (b) Turf, sod, soil, rocks, and boulders are not accepted at Yard Waste Sites. (44-13) (c) Compost may be purchased from the Cinnamon Ridge Compost Facility by paying the fees specified in Fees and Charges Bylaw No. 44-14. 5.12 Recycling Depots (a) City residents and businesses may dispose of Recyclables at locations designated by the Civic Operations Director. (b) Commercial loads in excess of two cubic yards (2 yd3) per visit are not accepted at Recycling Depots. 6. PART 6 - ENFORCEMENT, OFFENCES AND PENALTIES 6.1 The provisions of this Bylaw may be enforced by the Civic Operations Director, Community Services Officers, and, where specified, Facility Operators. BYLAW NO. 40-67 PAGE 20 6.2 The Civic Operations Director and any Community Services Officer may enter, at all reasonable times and in a reasonable manner, any land and buildings for the purposes of ascertaining compliance with this bylaw. 6.3 No Person shall hinder, delay, or obstruct the Civic Operations Director, a Community Services Officer, or a Facility Operator in the exercise of their duties. 6.4 A person commits an offence and is subject to the penalties imposed by this bylaw, the Municipal Ticket Information Bylaw, and the Offence Act, if that person: (a) contravenes a provision of this bylaw; (b) consents to, allows, or permits an act or thing to be done contrary to this bylaw; or (c) neglects or refrains from doing anything required by a provision of this bylaw. 6.5 The maximum fine that may be imposed for a contravention of this bylaw is $10,000. 6.6 Each day that an offence against this bylaw continues shall be deemed a separate and distinct offence. 6.7 Any penalty imposed pursuant to this bylaw shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law, or regulation. 7. PART 7 - SCHEDULES The following Schedules are attached to and form part of this bylaw: (44-13) (a) Schedule "A" [REPEALED] (44-13) (b) Schedule "B" [REPEALED] (c) Schedule "C" Controlled Waste (d) Schedule "D" Landfill Accounts Policy ORIGINAL SIGNED BY K. L. CHRISTIAN MAYOR ORIGINAL SIGNED BY N. GARBAY CORPORATE OFFICER BYLAW NO. 40-67 PAGE 21 (44-13) Schedule "A" - REPEALED Schedule "B" - REPEALED BYLAW NO. 40-67 PAGE 22 Schedule "C" Controlled Waste Controlled Waste Specifications Animal Feces - Only accepted at Mission Flats Landfill and Barnhartvale Landfill; and - Shall be bagged. Asbestos Containing Material - Only accepted at Mission Flats Landfill; - A Disposal appointment shall be made with the City at least 24 hours prior to Disposal; - Special handling fees apply; and - Material shall be doubled bagged in bags with a minimum 6 mil thickness and sealed in a gooseneck fashion. Batteries - Only accepted as source separated material at the diversion area of Mission Flats Landfill and Barnhartvale Landfill. Bulky Waste - All metal and appliances shall be removed prior to entering a Facility; and - Shall be disposed at the landfill active face. Carcasses/ Offal - Only accepted at Mission Flats Landfill and Barnhartvale Landfill; - Material shall be buried in the active face immediately upon Disposal; and - Cow Carcasses are not accepted. Condemned Foods (> 2 m3) Note: Condemned Foods in quantities less than 2 m3 is not considered Controlled Waste. - Condemned Foods in quantities greater than 2 m3 is Controlled Waste; - Material requires approval of the Civic Operations Director; - A Disposal appointment shall be made with the City at least 24 hours prior to Disposal; and - Accepted at Mission Flats Landfill only. Contaminated Soil - Material shall not contain contaminants in excess of the Agricultural Land Use standards specified in the Contaminated Sites Regulation of the Environmental Management Act; - Material requires approval of the Civic Operations Director; and - Analytical chemistry results may be required. Creosote Treated Wood - Accepted at Mission Flats Landfill and the Kamloops Resource Recovery Centre only; - Total length of each piece shall not exceed 1.5 m (5 ft.).; and - Special handling fees apply. Infested Vegetation and Noxious Weeds - Accepted free at all Landfills; and - Material shall be double bagged in clear plastic bags. BYLAW NO. 40-67 PAGE 23 Schedule "C" (Continue) Controlled Waste Controlled Waste Specifications Lead-based Paint Containing Material - Only accepted at Mission Flats Landfill and the Kamloops Resource Recovery Centre - Material requires approval of the Civic Operations Director; and - Lab results required prior to approval. Load Size Restriction - The Civic Operations Director may reject any load for Disposal if the quantity would exceed the capacity of a stockpile or there is no capacity on site to accept the material. Metal Drums and Tanks - Material shall be cut open and not contain any liquids or contamination; and - Non-removable top units shall be cut off. Sandblasting Sand - Material shall not contain contaminants in excess of the Agricultural Land Use standards specified in the Contaminated Sites Regulation of the Environmental Management Act; - Material requires approval of the Civic Operations Director; and - Analytical chemistry results may be required. Sharps - Residential Quantities - Material shall be contained in a hard sealed plastic container. BYLAW NO. 40-67 PAGE 24 Schedule "D" Landfill Accounts Policy 1. A Person may apply to the City for a credit account by completing a Landfill Account Credit Application form. 2. Completed Landfill Account Credit Application forms will be forwarded to the City's Corporate Services Director for processing and approval. 3. Invoices will be generated monthly, and must be paid within 30 days of the invoice date. 4. Return cheques will be charged a fee as per the City's Fee-setting Bylaw. 5. Accounts in arrears after 30 days will be subject to a service charge at the rate of 1.5% interest per month. 6. If the account holder fails to pay the City all fees owing in full within 60 days of the invoice date, the account holder will be placed on a temporary cash only status and required to pay tipping fees upon Disposal. 7. Upon full payment of the outstanding balance, including service charges, credit privileges may be reinstated. 8. If the account holder fails to pay the City all fees owing in full within 90 days of the invoice date, the account holder may be placed on permanent Cash Only status. 9. In addition to any other remedy available to the City and at the discretion of the Corporate Services Director, accounts that are 180 days in arrears will be sent to external collection agencies.