Solid Waste Bylaw No. 7634, 2014

New Westminster, British Columbia

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CORPORATION OF THE CITY OF NEW WESTMINSTER BYLAW NO. 7634, 2014 A Bylaw to provide for the management of solid waste, in the City of New Westminster and to regulate the conditions and terms under or upon which garbage and Recycling services may be provided. The City Council of the City of New Westminster, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 - INTRODUCTION This Bylaw shall be cited for all purposes as "New Westminster Solid Waste Regulation Bylaw 7634, 2014". PART 2 - DEFINITIONS In this bylaw: "ATTRACTANT" means any substance which could reasonably be expected to attract insects or animals not normally domesticated, including but not limited to solid waste, Special Waste, food products, pet food, bird feed, compost, grease, fruit, honey, salt, or chemical products. "AUTOMATED COLLECTION" means the collection of garbage, recyclable materials, yard trimmings and food scraps using a specially designed vehicle with a mechanical apparatus to empty a collection cart directly into the vehicle without requiring manual labour. "CITY" means the City of New Westminster. "CITY AGENT" means a third party Provider of Waste Management or other services for the City. "COLLECTION CART" means a garbage, recyclable materials, yard trimmings or food scraps container identified for its appropriate use and equal to or less than 360L in volume, supplied by the City or the City's agent, that is specially designed for automated collection. "COLLECTION CREW" means any City employees or persons of the City's agent that are authorized by the City to provide solid waste collection services under this Bylaw. "CONTAMINATION" means the deposit of garbage, food scraps, yard trimmings or recyclable materials into a collection cart or disposal bin that is designated or identified for deposition of materials other than the material deposited. "CONSTRUCTION AND DEMOLITION WASTE" means all earth, debris, rocks, trees, stumps, building materials and anything else originating from the construction or demolition of buildings and structures. "COUNCIL" means the Council of the City. "DIRECTOR OF ENGINEERING" means the Director of Engineering for the City and includes his or her duly appointed assistants and representatives. "DISPOSAL BIN" means a large watertight, lidded, lockable container supplied by the City, the City's agent, or a private waste hauler for the purpose of storing solid waste from multiple residential or non-residential units. "DWELLING UNIT" means one or more habitable rooms which constitute one self-contained unit used or intended to be used as a residence for living and sleeping purposes. "FEES AND RATES BYLAW" shall mean the Engineering Fees and Rates Bylaw No. 7553, 2013 as amended from time to time. "FOOD SCRAPS" means meats, fish, bones, seafood shells, vegetable peelings and seeds, fruit peelings and seeds, eggshells, pasta, rice, baked goods, desserts, dairy, butter, sauces, food-soiled papers such as: pizza boxes, ice cream cartons, paper plates and napkins, coffee grounds and coffee filters, tea bags and tea leaves, and similar products as approved for disposal by the Director of Engineering but does not include oil or special waste. "GARBAGE" means waste other than food scraps, yard trimmings, and recyclable materials but shall not include construction and demolition waste or special waste and other items the Director of Engineering considers hazardous or unacceptable to the City's collection and disposal system. "GARBAGE BAG" means a heavy weight plastic bag that contains materials for garbage disposal that does not exceed 60 litres or 23 kg. "LOT" means a parcel of land other than an airspace parcel or an individual building strata lot and includes for the purposes of the Bare Land Strata Regulation only, a bare land strata lot. "MULTIPLE RESIDENTIAL UNIT" means a building or portion of a building containing three or more dwelling units, but in the case of a mixed use development, may contain any number of dwelling units so long as it complies with the regulations of the specific zone. "NON-RESIDENTIAL UNIT" means all taxable properties which are not single residential unit or multiple residential units. "OCCUPIER" means householders, tenants or owners of a dwelling or non-residential unit. 2 "OWNER" means the person or persons whose name appears upon the Title of the property at the Land Titles Office and, where applicable, includes the Strata Corporation of which the owner is a member. "RECYCLABLE MATERIALS" includes paper, cardboard, plastic or metal containers and other items determined by the Director of Engineering which may change from time to time. "RECYCLING SERVICES" means services related to the collection and disposal of recyclable materials, yard trimmings and food scraps. "RESIDENTIAL UNIT" includes single residential unit and multiple residential units. "SINGLE RESIDENTIAL UNIT" means a building or portion of a building consisting of one principal dwelling unit only, and may include a secondary suite. "SOLID WASTE" means garbage, food scraps, yard trimmings and recyclable materials. "SPECIAL WASTE" includes hazardous wastes, pathological wastes, explosives, radioactive material, security wastes, confidential documents, negotiable papers, medical wastes, and includes all wastes resulting from any industrial or manufacturing operations, construction and demolition structures, abandoned vehicles and parts thereof, dead animals, and all animal parts other than appropriately cleaned and prepared for consumption, and agricultural wastes and any hazardous waste, or other prescribed substance, under contaminated sites legislation in the Province of British Columbia. "YARD TRIMMINGS" means house plants, weeds, plants, leaves, grass, hedge and plant clippings, lawn edgings, twigs and branches up to twelve (12) inches in diameter but does not include construction and demolition waste. PART 3. COLLECTION SYSTEM 3.1 An owner and occupier of a lot containing a single residential unit must utilize the garbage, recyclable materials and food scraps collection services provided by the City or the City's agent under section 4.1. 3.2 An owner of a lot containing a multiple residential unit must utilize the recyclable materials and food scraps collection services provided by the City or the City's agent under section 4.2 and may apply to the Director of Engineering to use the City's garbage service under section 4.1. 3.3 An owner of a lot containing a non-residential unit may apply to the Director of Engineering to use the City's garbage, recyclable materials or food scraps collection and disposal services under section 4.3. 3 3.4 An owner of a lot containing a multiple residential unit or a non-residential unit must provide garbage collection services to the occupier of the unit, either via agreement with the City or otherwise. 3.5 Where the City cannot safely, effectively, or efficiently service a lot, the City may opt out of providing solid waste services. PART 4. COLLECTION AND DISPOSAL SERVICES 4.1 The City shall provide the following services by way of automated collection to a single residential unit, or to a multiple residential unit lot which is subject to an agreement with the Director of Engineering for additional services as set out in section 3.2: a) Collection of garbage; b) Collection of recyclable materials; and c) Collection of food scraps/yard trimmings. 4.2 The City shall provide the following services to each multiple residential unit under section 3.2: a) Collection of recyclable materials; and b) Collection of food scraps. 4.3 The City shall provide the following services to each non-residential unit as set out by agreement of the owner of the non-residential unit with the Director of Engineering: a) Collection of garbage; b) Collection of recyclable materials; and c) Collection of food scraps. 4.4 Notwithstanding the charges for service pursuant to Part 6, the City shall loan to the owner of a lot, upon the lot initially becoming serviced under Part 3 as applicable: a) for single residential unit, one-120L or 240L garbage collection cart, one-120L or 240L food scraps/yard trimmings collection cart and one-120L or 240L or 360L recyclable materials collection cart; b) for multiple residential units as set out in section 4.2, three 360L recyclable materials carts per 12 dwelling units and one 240L food scraps cart per 49 dwelling units or as determined by the Director of Engineering, and where a multiple residential unit is subject to an agreement with the Director of Engineering for garbage collection under section 3.2, one 240L garbage collection cart per two dwelling units or as determined by the Director of Engineering; c) for non-residential units subject to an agreement for services with the Director of Engineering as set out in section 4.3, garbage collection carts, recyclable materials carts and food scraps/yard trimming carts as set out in that agreement for services. 4 4.5 The frequency of the collection services under section 4.1, 4.2, and 4.3 is subject to change from time to time, as determined by the Director of Engineering. 4.6 Subject to section 4.7, the City's collection services under section 4.1, 4.2 and 4.3 shall be limited to the applicable number and size of collection carts supplied. 4.7 An owner of a single residential, multiple residential or non-residential unit receiving services under this Bylaw, may apply to the Director of Engineering for a change in the number or size (or both) of collection carts to be collected, provided that the level of service for single or multiple residential units may not be reduced below the basic levels as set out in sections 4.1, 4.2, 4.4a, and 4.4b. The Director may approve such an application where he or she is satisfied that the addition or reduction in services is reasonably necessary or justified. 4.8 Where an occupier is physically challenged and unable to comply with sections 10c, 10d and 10e and does not have an able-bodied person assisting with their household activities, the individual may apply to the Director of Engineering for assistance from the City in performing such obligations. If the Director is satisfied that the individual requires such assistance, then a special designation shall be made under conditions and terms set out by the Director to alert the collection crew to provide the service, until such time as the Director cancels such service, at his or her discretion. If the Director of Engineering considers it necessary, the Director may require that the applicant provide proof of the physical challenge from a physician. As a condition of service under this Section, on collection day, the occupier shall ensure that collection carts are at all times freely accessible and not enclosed within any buildings or gated area. The City is not responsible for any property damage as a result of executing this service. 4.9 Where an occupier may produce additional solid waste due to a medical condition, the individual may apply to the Director of Engineering for special collection service from the City in performing such obligations. If the Director is satisfied that the individual requires such service, then a special designation shall be made under conditions and terms set out by the Director to alert the collection crew to provide the service, until such time as the Director cancels such service, at his or her discretion. If the Director of Engineering considers it necessary, the Director may require that the applicant provide proof of the medical condition from a physician. PART 5. EXCESS GARBAGE (Tag-a-Bag Service). 5.1 An occupier of a single residential unit or non-residential unit which receives collection by the City may set out additional garbage bags for collection, subject to the following conditions: a) Each additional bag of garbage shall be tagged with a tag issued by the City; b) Any bag which does not have a tag affixed to it will not be collected by the City; c) Each bag of garbage must have a volume no greater than 60 litres and weigh no more than 23 kilograms; d) Each bag must be set out for collection as determined by the Director of Engineering; e) A charge in accordance with the table of rates set out the Fees and Rates Bylaw will be collected at the time of purchase of the tags. 5 PART 6. CHARGES FOR SERVICE 6.1 Each owner of a Residential unit is subject to the Fees and Rates Bylaw, and charges under the Fees and Rates Bylaw are payable by the owner of a unit whether or not: a) the units on a parcel are occupied; b) any owner or occupier of a unit makes use of any of the services; or c) the service is interrupted or altered in any manner. 6.2 A solid waste charge in accordance with the Fees and Rates Bylaw shall be levied and collected annually in advance from owners of residential unit. 6.3 Each owner or occupier of a non-residential unit that requires City provided solid waste collection shall: a) Apply to the Director of Engineering for services in writing; b) Be subject to the Fees and Rates Bylaw, and charges under the Fees and Rates Bylaw for the duration of service provision; c) Notify the Director of Engineering in writing upon request for cancellation of collection services at least thirty (30) calendar days prior to discontinuance of service. 6.4 A solid waste charge in accordance with the rates set out in the Fees and Rates Bylaw shall be levied and collected monthly or bi-monthly for services provided to owners of non- residential units. 6.5 Upon issuance of a building permit to construct a single residential unit building that will be serviced under this Bylaw, the owner of the subject unit shall pay, in advance, the per diem rates under the Fees and Rates Bylaw for the balance of the year following 180 days after building permit issuance. 6.6 Upon issuance of a permit for building occupancy of a multiple residential unit that will be serviced under this bylaw, the owner of the subject unit shall pay the rates under the Fees and Rates Bylaw. 6.7 For every owner of a single residential unit who receives solid waste services who is 65 years of age or older during the calendar year and who is the sole occupier of the unit may apply to the Director of Engineering to have services waived at 25% of the solid waste services rate set out in the Fees and Rates Bylaw. PART 7 - DUTIES OF OWNERS AND OCCUPIERS 7.1 Every owner or occupier of a residential or non-residential unit shall: 6 a) Separate garbage, yard waste, food scraps and recyclable materials and place them in the collection cart provided or disposal bin for their deposit without contamination; b) Deposit garbage, recyclable materials and food scraps/yard trimmings generated by the unit only into the appropriate collection carts or disposal bin supplied to that unit; c) Ensure that recyclable materials are clean and dry; d) Deposit food scraps only in loose form, or in kraft paper bags or wrapped in newspaper; e) Maintain all collection carts in a clean and sanitary condition and clean up any spillage; f) Maintain all disposal bins in a clean and sanitary condition, free of graffiti and odours; g) Prevent liquids or free water from being put or placed in or allowed to run into or accumulate in any collection cart or disposal bin; h) Keep all collection carts or disposal bins closed at all times with a water-tight lid; i) Keep all disposal bins stored outdoors or in a covered parking area locked or otherwise secured at all times; j) Set out only the amount of waste that will fit into a collection cart or disposal bin with the lid closed and so as not to exceed the weight limit specified on the collection cart or disposal bin; k) Notify the Director of Engineering if a collection cart is damaged or stolen; l) If a collection cart is stolen or damaged due to the neglect of an owner or occupier, reimburse the City for its costs of replacing or repairing the cart within 30 days of receipt of an invoice in accordance with rates set out in the Fees and Rates Bylaw; m) Refrain from disposing of any solid waste on a different owner's property without authorization. 7.2 Where the owner or occupier of a residential or non-residential unit that receives City solid waste services has not complied with any sections contained in this Bylaw, the City may at its discretion refuse to collect any or all solid waste from that unit. PART 8 - LITTER PREVENTION No person shall deposit or cause to be deposited any solid waste, attractant, or any other materials on any street, sidewalk, boulevard, park or other lands owned by the City or other public property or upon private property whether owned by that person or not, except in a receptacle or facility designed and intended for such use. PART 9 - ACCESS TO COLLECTION CARTS AND DISPOSAL BINS 9.1 To inspect solid waste storage compliance, the Director of Engineering Services or the City's Bylaw Officer, are appointed to administer or enforce the provisions of this Bylaw and are hereby authorized to enter upon, at all reasonable times, any residential or non-residential lot for the purposes of ascertaining whether the provisions of this Bylaw are being complied with. 9.2 No person shall delay, hinder, obstruct, or prevent an employee, officer, or City agent from carrying out duties specified under Sections 9.1 of this Bylaw. 7 PART 10 - PLACEMENT OF COLLECTION CARTS AND DISPOSAL BINS 10.1 Every owner or occupier of a residential or non-residential unit that receives services under this Bylaw shall: a) store collection carts loaned to the owner of the unit within the property at all times; b) place collection carts on the curb or lane near the boundary of the property on collection day so that they do not impede pedestrian or vehicle traffic, or parked vehicles and with at least one (1) meter clear space on all sides of each collection container and three (3) metres of clear space above each receptacle; unless specifically authorized by the Director of Engineering to place carts elsewhere on City property; c) place collection carts out for collection prior to 7am on the collection day; d) return collection carts to their storage location no later than the end of the day of collection; e) refrain from placing disposal bins out on City property, unless specifically authorized by the Director of Engineering Services. If such an authorization is provided, on collection day, the bins may be permitted to be placed out for collection between 7:00am - 7:00pm; f) return disposal bins to their storage location no later than 60 minutes after collection. PART 11 - GENERAL PROHIBITIONS 11.1 No person other than an owner or occupier of a residential or non-residential unit to whom a collection cart or Disposal bin has been issued, or a collection crew, shall remove the cover from the said collection cart or Disposal bin or add material to, remove or disturb the said collection cart or Disposal bin or the contents thereof. 11.2 Collection of solid waste is only permitted between the hours of 7:00am - 7:00pm. PART 12- SEVERABILITY Each provision of this Bylaw is severable from each other provision, and, if any provision is determined to be void or unenforceable in whole or in part, this determination shall not be deemed to affect or impair the validity of any other provision, unless a Court otherwise determines. PART 13 - OFFENCE 13.1 Every person who contravenes a provision of this Bylaw, or who suffers, allows or permits any act or thing to be done in contravention of any provision of this Bylaw, or who 8 neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, is guilty of an offence against this Bylaw. 13.2 Every violation shall be deemed to be a continuing, new and separate offence for each day during which the offence continues. 13.3 Any person who fails to take remedial action within a reasonable time of being advised by the City's Bylaw Officer that such action is necessary commits an offence against this Bylaw. PART 14 - REPEAL OF PREVIOUS BYLAW "New Westminster Garbage Bylaw No. 4111, 1965" and all amendments thereto are hereby repealed. GIVEN FIRST READING THIS ________day of ________________ 2014. GIVEN SECOND READING THIS ________day of ________________ 2014. GIVEN THIRD READING THIS ________day of ________________ 2014. ADOPTED and the Seal of the Corporation of the City of New Westminster affixed this ________day of __________________ 2014. ______________________________ MAYOR ______________________________ CITY CLERK Doc #445075v5 9