Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 — full text

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The Corporation of the City of Penticton Bylaw No. 2016-29 A Bylaw to regulate and govern the collection, removal and disposal of solid waste and recyclable materials within the City of Penticton. WHEREAS pursuant to the provisions of the Community Charter, the Council may, by bylaw, establish and maintain a system to collect, remove and dispose of Solid Waste and Recyclable Material; AND WHEREAS the City may establish a scale of charges payable by Owners or Occupiers for the removal of Garbage, rubbish, matter and Recyclable Materials, compelling payment of the charges so fixed, and imposing penalties for neglecting to remove or have removed to the place established for disposal of Garbage, rubbish and other matter; NOW THEREFORE the Municipal Council of The Corporation of the City of Penticton, in open meeting assembled, ENACTS AS FOLLOWS: 1.0 TITLE This bylaw may be cited as the "Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29". 2.0 DEFINITIONS and INTERPRETATION For the purposes of this bylaw and the schedules attached hereto, unless the context otherwise requires the following definitions apply: "Ashes" means cinders and the residue of any fuel after such fuel has been consumed by fire; "Base Cart Program" shall mean the Carts allocated to each Residential Dwelling Premises for the collection of Garbage, Recyclable Materials, and Yard and Garden Waste and shall be comprised of the following: - One (1) - 120 Litre Garbage Cart - One (1) - 240 Litre Recyclables Cart - One (1) - 240 Litre Yard Waste Cart "Bins" means specially designed containers approved by the Public Works Manager from 1.5 cubic meters to 4.5 cubic meters (2 to 6 cubic yards) capacity, fitted with equipment that will allow the Bin to be dumped mechanically by a garbage truck. "Biomedical Waste" as defined in the Hazardous Waste Regulation of the Environmental Management Act, as amended from time to time; "Bulky Item" shall include furniture, large appliances, carpet and mattresses; "Cart (s)" means a wheeled container suitable for automated collection owned by the City and loaned to the owner of a Residential Dwelling Premises for the purpose of Garbage or Recyclables or Yard and Garden Waste collection from Residential Dwelling Premises; "City" means The Corporation ofThe City of Penticton; "Container" means a receptacle approved by the Public Works Manager used for temporary storage of Solid Waste, Recyclable Materials, and or Yard and Garden Waste, and may include cans, bags, bundles, and Carts; "Council" means the Council of the City; "Downtown Core" means the area defined in Schedule A - "Downtown Core - Elimination of Bins" and includes all properties with the exception of properties which contain a Residential Dwelling Premise receiving curb-side collection of solid waste and recycle materials from the City of Penticton; "Dwelling Unit" means one or more rooms forming a single unit that is used or intended to be used as a residence and contains cooking, eating, sleeping and sanitary facilities; "Environmental Management Act" means the Environmental Management Act of British Columbia SBC Ch. 53; "Fees and Charges Bylaw" means the City Fees and Charges Bylaw as amended from time to time; "Garbage" means all waste other than Yard and Garden Waste and Recyclable Materials but does not include Hazardous Waste, Special Waste, construction, demolition or Land Clearing Waste, animal or human feces, animal carcasses or their parts, carpets, furniture, and other items which the Public Works Manager considers from time to time hazardous or unacceptable to the City's collection and disposal system; "Garbage Cart" means a wheeled container suitable for automated collection owned by the City and loaned to the owner of a Residential Dwelling Premises for the purpose of garbage collection; "Hazardous Waste" means as defined in the Hazardous Waste Regulation of the Environmental Management Act, as amended from time to time as well as; 1) Pesticides, herbicides, insecticides, and rodenticides; 2) Oil-based paints, lacquers, paint thinners, resins and paint strippers; 3) A product containing a corrosive chemical including; a) hydrochloric acid, sulphuric acid, nitric acid, phosphoric acid, sodium hydrogen sulphate, acetic acid, trichloroacetic acid, formic acid lactic acid, hydroxides or alkali metals, carbonates of alkali metals, ammonium hydroxide or ammonia and b) oxalic acids, salts of oxalic acid, phenol, o-cresol, m-cresol, p-cresol, silver nitrite, zinc chloride, iodine, or sodium peroxide; 4) Petroleum distillates or products containing petroleum distillates including naphtha, mineral spirits, Stoddard solvent, kerosene, gasoline, mineral seal oil and other related distillates of petroleum; Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 2of16 5) Adhesives, cleaning solvents, thinning agents and dyes containing toluene or acetone; 6) Fire extinguishing fluids composed of or containing any halogenated aliphatic hydrocarbons; 7) Antifreeze preparations containing ethylene glycol or diethylene glycol; 8) Turpentine or ·products containing turpentine including gum turpentine, stream- distilled wood turpentine, sulphate wood turpentine and destructively distilled wood turpentine; 9) Methyl alcohol or products containing methyl alcohol; 10) Alkyl cyanoacrylate adhesives; 11) Products used in polishing, cleaning or plating metal that contain hydrocyanic acid or salts of hydrocyanic acid; 12) Automotive oils and batteries; 13) Alkaline batteries; 14) Fluorescent ballasts containing PCBs; 15) Mothballs; 16) Radioactive materials; 17) Dead animals; 18) Explosives; 19) Human and animal excrement; 20) Gypsum board or drywall; and 21) Hypodermic needles unless in puncture proof containers. "Land Clearing Waste" shall mean all earth, debris, rocks, trees, stumps and anything else originated from clearing property and, landscaping or renovation activities; "Mandatory Recycling Program" means the collection of materials such as plastic and metal containers, corrugated cardboard, mixed paper and other materials approved for pick-up as part of the City's recycling program. "Medical Health Officer" means the Medical Health Officer of the Province of British Columbia whose area of supervision includes the City and shall include their deputy and any public health inspector acting under their supervision; Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 3of16 "Multi-Family Dwelling" means a residential mobile home park, an apartment building, townhouse building, or any other residential building containing five or more Dwelling Units; "Occupier" means the Person or Persons occupying a Premises; "Owner" means the registered owner as shown in the records of the Kamloops Land Title Office in fee simple of real property or a strata lot, and in the event that there is registered an Agreement for Sale and Purchase, "Owner" means the registered holder of the last registered Agreement for Sale and Purchase; "Parcel" means any lot, block or other area in which land or in the case of strata lots, a building, is held or into which is subdivided including strata lots and bare land strata lots; "Person" means a corporation, partnership or party, and the heirs, executors, administrators, or other legal representatives of a person to whom the context can_ apply according to law; "Premises" means a building or area of real property as defined by lines including a Parcel; "Public Works Manager" means the Manager of Public Works for the City and shall include his or her duly authorized designate as determined from time to time; "Recyclable Materials" means materials such as plastic and metal containers, corrugated cardboard, mixed paper and other materials approved for pick-up as part of the City's recycling program; "Recyclables Cart" means a wheeled container suitable for automated collection owned by the City and loaned to the owner of a Residential Dwelling Premises for the purpose of Recyclable Materials collection; "Residential Dwelling Premises" means an individual Dwelling Unit with individual main access to and from the outdoors located on the ground floor, which include single family dwellings, single family dwellings with secondary suites, duplexes (as defined in The City of Penticton Zoning Bylaw as amended from time to time) for, triplexes, and four-plexes but does not include stratified buildings or other such buildings to which access to each individual unit is only available via common property; "Residential Yard and Garden Waste Collection Program" means curb-side collections for Yard and Garden Waste on dates determined by the City; "Scavenge" means to separate, without authorization, from the Public Works Manager, materials from Solid Waste which have been set out for collection; "Solid Waste" means waste material, not including Recyclable Materials, Hazardous Waste, offensive waste, or any other unacceptable materials, as determined by the Public Works Manager from time to time; "Special Waste" includes Hazardous Waste, pathological waste, explosives, radio-active material, security waste, confidential documents, negotiable papers, medical waste, and includes all waste resulting from any industrial or manufacturing operations, the construction Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 4of16 or demolition of buildings and structures, abandoned vehicles and parts thereof, dead animals and all animal parts and agricultural waste and other prescribed substances under any contaminated sites legislation of the Province of British Columbia or the Government of Canada; "Tag-a-bag" means a tag which must be placed on all standard garbage bags or Yard and Garden Waste bags which exceed the quantity limits for Garbage or Yard Waste removal outlined in this bylaw, with such tags being made available by the City for a fee; "Wildlife Attractants" includes any and all food wastes, offal, and accumulations of discarded fruit, whether on public or private land; "Wildlife Resistant Cart" means a Cart that is affixed with a locking mechanism to be resistant to bears and other wildlife; "Yard and Garden Waste" means green waste including tree and plant prunings, grass, weeds, hedge clippings, leaves, flowers, vegetable stalks, woody or herbaceous waste, fruit and vegetable waste, but does not include Land Clearing Waste; "Yard Waste Cart" means a wheeled container suitable for automated collection owned by the City and loaned to the owner of a Residential Dwelling Premises for the purpose of Yard and Garden Waste collection. 3.0 ADMINISTRATIVE 3.1 The City by this bylaw is authorized to establish a Solid Waste and Recyclable Materials collection service for the purposes of collecting, removing, and disposing of Solid Waste and Recyclable Material within the City boundaries, either by contract or by use of City-owned equipment and City labour, and such service shall be under the control and subject to the discretion of the Public Works Manager. 3.2 A Solid Waste collection, Recyclable Materials collection and Yard and Garden Waste collection charge shall be and is hereby imposed upon all Owners within the boundaries of the City on which one or more Residential Dwelling Premises is situated, unless an exemption has been granted by the Public Works Manager in accordance with this bylaw. 3.3 Nothing in this bylaw shall relieve any Person from complying with the provisions of any other bylaw of the City. 3.4 In the event there is more than one possible access for the collection as provided in this bylaw, the Public Works Manager shall determine the location of collection. 3.5 Upon providing the Owner or Occupier with 24 hours notice, the Public Works Manager is authorized to enter, at all reasonable times and in a reasonable manner, any Parcel or Dwelling Unit for the purposes of providing services contemplated under this bylaw for ascertaining whether the provisions of this bylaw are being complied with. 3.6 It shall be unlawful for any Person to prevent, obstruct or seek to attempt to prevent or obstruct the Public Works Manager from carrying out his duties under this section. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 5of16 4.0 SOLID WASTE AND RECYCLE DISPOSAL REQUIREMENTS - GENERAL 4.1 No Person within the City shall dispose of Solid Waste, Special Waste, Biomedical Waste or Recyclable Materials except in accordance with the provisions of this bylaw. 4.2 All table and kitchen Garbage, all wet Garbage, pet waste, floor sweepings and sawdust or other granular materials must be in a garbage bag before being placed in any Cart or Bin. 4.3 Any Bin or vehicle used or intended to be used for the purpose of collecting and conveying wet Garbage shall be kept covered and shall be kept water-tight so as to prevent the contents thereof from leaking or spilling. 4.4 No Person shall cause or permit the accumulation of Solid Waste at or near a parcel where the use thereof is for commercial purposes, except where such Solid Waste is placed in Bins for collection and removal. 4.5 No Person shall cause or permit the contents of a Cart or Bin, for which he or she is responsible, to exceed the manufacturers weight limit or to be overloaded such that the contents are not contained within the Cart or Bin. 4.6 No Person may accumulate, store, or collect any Wildlife Attractants in a manner that poses or may pose a risk to the safety of any Person. Where an Owner or Occupier has been deemed negligent in this regard the Public Works Manager may require the Owner or Occupier to secure their waste in a Wildlife Resistant Cart in order to continue to receive Solid Waste Collection Services. 4.7 All materials which might adhere to any Cart or Bin must be separately contained within individual disposable wrappings or containers before being placed in Cart or Bin. 4.8 Solid Waste or Recyclable Materials must not be compressed into any Cart or Bin in a manner that will inhibit the material from falling freely into a collection vehicle during the regular tipping process. 4.9 Ashes shall be completely cooled and shall be placed in a non-combustible container and separate from other Garbage or flammable material. Hot ashes from incinerators or burning barrels, of any liquid wastes, bulk chemical composition waste, animal cuttings or wastes of oil, fuel or other equipment lubricant filters shall not be placed for residential or Multi-Family Garbage collection. 4.10 Every Person shall ensure that Garbage, Recyclable Materials, and Yard and Garden Waste are stored and placed in a sanitary manner, and in a way that will not injure Persons handling them. 4.11 Every Owner or Occupier shall clean up any Solid Waste or Recyclable Material which does not remain contained in the curb-side Carts or Bins. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 6of16 4.12 All Bins are to be kept in good condition. Exteriors are to be clean and painted with the company name and telephone number clearly displayed. Bins are to be cleaned periodically inside and out to prevent odour buildup. Multi-Family Recycling Carts or Bins are to be kept in a like manner and clearly labeled to indicate recycling. 4.13 All Bins must be secured with a lid suitable to keep rain water, birds, and other pests from entering the Bin. 5.0 RESIDENTIAL COLLECTION - SOLID WASTE AND RECYCLABLE MATERIALS 5.1 Every Owner or Occupier of a Residential Dwelling Premises within City boundaries shall participate in the Mandatory Recycling Program and make use of/participate in the Solid Waste curb-side collection service system established by the City pursuant to this bylaw and shall pay the rates and fees set out in the current Fees and Charges Bylaw, except those that have been granted an exemption of service by the Public Works Manager. 5.2 The City or a Contractor acting on behalf of the City shall pick-up all Solid Waste and Recyclable Materials set out at Residential Dwelling Premises provided it conforms to the terms of this bylaw. 5.3 Notwithstanding sections 5.1 and 5.2 of this bylaw, the City reserves the right to exclude a Residential Dwelling Premises from the Solid Waste and Recyclable Materials collection systems referred to in this bylaw if collection costs, access routes or location are unreasonable or unsafe. 5.4 The City reserves the right to refuse to remove any material that is not Solid Waste or Recyclable Materials. 5.5 Garbage collection services shall be provided to all Residential Dwelling Premises within the city boundaries as nearly as possible once each week or at such other times as the Public Works Manager may determine time to time. 5.6 Recyclable Materials Collection service shall be provided to all Residential Dwelling Premises within the city boundaries as nearly as possible once every two weeks or at such other times as the Public Works Manager may determine time to time. 5.7 All Recyclable Materials are to be placed loosely in the Recyclables Cart, and bagging or bundling of Recyclable Materials with string, ties or tape is not permitted. 5.8 During the Bulky Item collection program, Owners for which Solid Waste curb-side collection services are provided shall be permitted to place at the curb for pick-up, a maximum of two (2) Bulky Items. 5.9 Residents of Multi-Family or stratified residential townhouse developments may utilize the Solid Waste and Recyclable Materials Collection System established by the City pursuant to this bylaw, upon application to and approval by the Public Works Manager. Applications will only be accepted from duly authorized representative of the Strata Corporation, or the Owner at the time of construction, and only on behalf of Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 7of16 the entire development. The applicant must demonstrate the suitability of the proposed pick-up location and access thereto, such that the City or its contractor shall be able to collect material set out for collection pursuant to the terms of this bylaw. Such properties shall participate in. the system, and shall pay all respective fees and charges, as if each strata lot were a Residential Dwelling Premise as defined by this bylaw. 6.0 RESIDENTIAL COLLECTION -YARD AND GARDEN WASTE 6.1 From March to December on designated collection days each Residential Dwelling Premises shall be permitted to place a Yard Waste Cart at the curb for collection. 6.2 Yard and Garden Waste Collection service shall be provided to all Residential Dwelling Premises within the city boundaries as nearly as possible once every two weeks or at such other times as the Public Works Manager may determine time to time. 6.3 During the Residential Yard and Garden Waste Collection Program, Owners or Occupiers receiving Solid Waste and Recyclable Materials curb-side collection service shall be permitted to place at the curb for pick-up of Yard and Garden Waste including but not limited to grass, leaves, pine needles and cones and tree prunings up to 7.5 cm in diameter and 1 meter in length. 6.4 All Yard and Garden Waste is to be placed loosely in the Yard Waste Cart, and bagging or bundling of Yard and Garden Waste with string, ties or tape is not permitted. 6.5 Unlimited quantities of Yard and Garden Waste can be placed at the curb on designated unlimited Yard and Garden Waste collection days 3 times per year as advertised by the City. Yard and Garden Waste that is not contained in the Yard Waste Cart must be placed in kraft paper bag, or a Container clearly marked "Yard Waste Only". Tree prunings must be either bundled 1.0 meters long by 0.5 meters across or placed in kraft paper bags or Containers clearly marked "Yard Waste Only". 6.6 Yard and Garden Waste shall not include: - Liquids; - fats, meat and bones, food waste and kitchen waste, peels, coffee grounds and tea bags; - loose soil and rocks; - Garbage; - plastics or synthetic fibers; - wood or tree limbs over 7.5 cm diameter or 1.0 meter in length; - human or animal or pet excrement; - -special Waste or soil contaminated with Special Waste or; - Such other materials or waste as determined from time to time by the Public Works Manager. 7.0 RESIDENTIAL COLLECTION - CART REQUIREMENTS 7.1 Every Owner of a Residential Dwelling Premises will be issued the Base Cart Program. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 8of16 7.2 An Owner may request in writing a change to the Base Cart Program (by completing the Cart Change-Out Request form) a Cart Change Out Administration Fee will apply. The rates for such change will be applied to the real property tax rolls or utility bill. The Owner will not receive any reduction in the Base Cart Program rates for service level reduction requests. 7.3 All Carts shall be kept on the Owner's or Occupier's Residential Dwelling Premises at all times and shall not encroach upon or project over any street, lane or public place except when placed on such street or lane for the purpose of collection under this bylaw. 7.4 All Carts shall be kept on the ground level and shall be readily accessible from the street, or lane abutting the Residential Dwelling Premises. 7.5 Unless exempted by the Public Works Manager for reasons of physical disability, all Carts shall be kept and maintained at the location specified in section 7.6, and readily accessible for emptying and collection, between the hours of 7:00 am and 7:00 pm on the day of collection only. 7.6 For collection purposes, all Carts must be placed within one meter of the traveled portion of the lane, within one meter of the traveled portion of the road, within one meter of the back of the sidewalk (private property side) with the wheels positioned away from the travelled portion of the lane. Carts must also be placed one (1.0) meter from one another or another obstacle. Wildlife Resistant Carts must be unlocked for collection day when placed for collection. 7.7 Where an occupier is physically challenged and unable to comply with Sections 7.5 and 7.6 and does not have an able-bodied person assisting with their household activities, the individual may apply in writing (by completing the Accessibility Cart Exemption Application) to be approved to place their Solid Waste and Recyclables Materials at the curb-side for collection in a Container suitable for them to manage with their given physical challenges. The application does require the applicant to have a qualified physician validate the physical challenge as either temporary or permanent. Approved applicants will remain valid until such time as the Public Works Manager cancels this service, at his or her discretion. 7.8 No Cart shall be filled above the top of the Cart in such a manner that the material does not remain contained. All cart lids shall be kept closed. 7.9 Carts shall not exceed the following weights when full: - 120 Litres - 50 kg - 240 Litres - 100 kg - 360 Litres - 113.5 kg 7.10 Excess garbage or yard waste that cannot be contained within the cart with the lid closed may be placed at the curb for collection subject to the following conditions: Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 9of16 7.10.1 Each additional bag of garbage or yard waste shall be tagged with a Tag-a-Bag decal issued by the City. This requirement does not apply to additional yard waste bags placed at the curb in accordance with section 6.5 of this bylaw; 7.10.2 Any bag that does not have a tag affixed to it will not be collected by the City; 7.10.3 Each bag of garbage or yard waste must have a volume no greater than 60 litres and weigh no more than 25 kilograms; 7.10.4 A charge in accordance with the rates set out in the Fees and Charges Bylaw will be collected at the time of purchase of the tags. 7.11 An Owner may request in writing (by completing the Wildlife Cart Request application form) to be issued a Wildlife Resistant Cart. In addition to the Wildlife Cart fee a Cart Change Out Administration Fee will apply. The fees for such change will be payable prior to receiving the Cart. 7.12 Every Owner of a Residential Dwelling Premises within the collection area of this bylaw shall maintain in sanitary condition and in good repair the Garbage, Recyclables and Yard Waste Carts as supplied by the City. In the event the City determines that a Cart is not in satisfactory condition, such Cart shall be replaced at the discretion of the City. 7.13 Routine repairs of containers will be conducted by an employee of the Corporation upon notification by the Owner or Occupier. 7.14 If a Cart is stolen or damaged due to the neglect of an Owner or Occupier, the City will require the Owner to reimburse the City for its costs of replacing the Cart within 30 days of receipt of an invoice in accordance with rates set out in the Fees and Charges Bylaw. 8.0 MULTI-FAMILY RECYCLEABLE MATERIAL COLLECTION 8.1 Multi-Family Dwellings within the City boundaries must participate in the Mandatory Recycling Program. 8.2 Each Strata Corporation or their designate, of a Multi-Family Dwelling shall co-ordinate with the designated curb-side collector of Recyclable Materials to ensure a suitable method of collection is in place for all Recyclable Materials as specified in the Mandatory Recycling Program. 9.0 COMMERCIAL. INDUSTRIAL. INSTITIUTIONAL. MUL Tl-FAMILY 9.1 Strata Corporations, Owners or Occupiers of commercial buildings, institutions, industrial sites and any other buildings other than those designated as Residential Dwelling Premises that have been approved for Solid Waste or Recyclable Materials collection shall make their own arrangements for the removal of Solid Waste, Yard and Garden Waste, and Recyclable Materials. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 10of16 9.2 Strata Corporations, Owners or Occupiers of Multi-Family Dwellings shall make their own arrangements for the removal of Solid Waste and Yard and Garden Waste. Save and except for Multi-Family Dwellings that have been approved for Solid Waste, Yard and Garden Waste, and Recyclable Materials curb-side collection. 9.3 Commercial, industrial, institutional, and Multi-Family Dwelling users within the City boundaries shall provide and maintain in good and sufficient order and repair and in a reasonably clean and sanitary condition, Bins or Containers for the storage of Solid Waste of such specifications, design, location and capacity as approved by the Public Works Manager from time to time. 9.4 All Bins and Containers for Solid Waste and Recyclable Materials and any structure or location used to contain the said containers shall at all times be kept in good repair, clean and accessible for inspection by the Public Works Manager at all reasonable hours. When any Container, Bin, or structure has been condemned or declared to be unfit for the purpose it was intended by the Public Works Manager, the Owner or Occupier shall remove it from the Premises and provide a suitable Container, Bin, or structure in substitution therefore. 9.5 Multi-Family Dwellings with individual main accesses on ground level may make application for Curb-side Collection from Multi-Family or Strata Complex (by completing Application for Curb-side Collection for Multi-Family Dwellings and Waiver Release and Indemnity forms) to the City for individual garbage pickup and such services as may be approved by the Public Works Manager from time to time, and shall be charged at the rate as set forth in the current Fees and Charges Bylaw as amended from time to time; but the City shall not be bound to provide this service if, in its sole discretion it deems otherwise. 9.6 Multi-Family Dwellings may make application for weekly collection of Recyclable Materials (by completing Application to Increase Multi-Family Recycling Pick-Up from Bi-weekly to Weekly Pick-Up). Weekly Collection of Re_cyclable Materials may be approved by the Public Works Manager from time to time, and shall be charged at the rate as set forth in the Fees and Charges Bylaw as amended from time to time; but the City shall not be bound to provide this service if, in its sole discretion it deems otherwise. 10.0 SOLID WASTE COLLECTION DOWNTOWN CORE - REQUIREMENTS 10.1 Bins servicing Premises located within the area identified in Schedule A "Downtown Core - Elimination of Bins" shall be kept entirely within the Premises and shall not encroach onto the lane or road right of way. 10.2 Carts servicing Premises within the area identified in Schedule A "Downtown Core - Elimination of Bins" will be permitted within the lane right-of-way 7 days per week for collection purposes. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 11of16 10.3 Loose bags of waste or recyclables are not permitted to be placed within the road or lane right of ways within the area identified in Schedule A "Downtown Core - Elimination of Bins". 11.0 EXEMPTIONS 11.1 An Owner of a Residential Dwelling Premises may apply for an exemption from the Solid Waste and Recyclable Materials collection service. Applications for exemption of Solid Waste and Recyclable Materials collections service will only be considered if the following requirements are satisfied: 11.1.1 In the opinion of the Public Works Manager the collection service cannot reasonably and practically be provided to that Residential Dwelling Premises, by reason of inadequate access or otherwise; or 11.1.2 The Residential Dwelling Premises in respect to which the collection service would otherwise be provided has been damaged or destroyed such that it is no longer habitable or has been demolished. 11.2 An exemption under section 11.1 continues until the Public Works Manager notifies the Owner of the Residential Dwelling Premises that in his opinion the Residential Dwelling Premises can reasonably and practically be provided with the collection service or until the Residential Dwelling Premises is occupied or an occupancy permit has been issued or the Owner or Occupier requests and is approved for service. 11.3 No exemptions for Solid Waste and Recyclable Materials collection services shall be granted for a term of less than three months. 12.0 SPECIAL WASTE 12.1 Every Person shall deal with Special Waste with regard to its collection, storage, removal, or disposal according to the Environmental Management Act or any successor legislation thereto. 12.2 The City shall not be responsible for Special Waste other than Special Waste generated by itself, its servants, employees or agents. 12.3 Other than as provided in this bylaw, no Person shall enter or place for collection Biomedical or Special Waste. 13.0 PROHIBITIONS 13.1 The City may suspend Solid Waste, Recyclable Materials and Lawn and Garden Waste collection service from properties where the Bins or Containers, by location or design are not accessible for pickup according to the provisions of this bylaw; but such suspension shall not waive any requirement, or abate or waive any fees or charges under the provisions of this bylaw. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 12of16 13.2 No Person may deposit for pick up by the Solid Waste, Recyclable and Yard and Garden Waste Materials collection service any Hazardous Waste that, on its own or when mixed with another material, may pose risks to the health and/or safety of the collection crews. 13.3 The City reserves the right to refuse to remove any waste material which is not Garbage, including but not restricted to packaging, wood or scrap building material, scrap iron or metal, and waste oil or petroleum products. 13.4 No Person shall scavenge Solid Waste or Recyclable Materials. 13.5 No Person shall transport Solid Waste, Recyclable, Lawn and Garden Materials from one Premise to another for the collection services as provided in this bylaw. 13.6 No Person shall cause, allow, or permit any Recyclable Materials or Yard and Garden Waste to be discarded as Garbage. 13.7 No Person shall intentionally contaminate Recyclable Materials so as to make them non-recyclable. 13.8 No Person shall litter or dispose of Solid Waste, Recyclable or Lawn and Garden Materials contrary to the provisions of this bylaw. 13.9 No Person shall deposit for collection by the Solid Waste, Recyclable and Lawn and Garden Materials collection service, Solid Waste, Recyclable or Lawn and Garden Materials that do not originate within the City. 14.0 PENAL TIES AND OFFENCES 14.1 No person shall do any act or suffer or permit any act or thing to be done in contravention of this bylaw. 14.2 Every Person who violates any provision of this bylaw, or who permits any act or thing to be done in violation of this bylaw, or who fails to do any act or thing required by this bylaw, shall be deemed to have committed an offence against this bylaw and shall be liable to a fine set out the City of Penticton Bylaw Notice Enforcement Bylaw and/or Municipal Ticketing Information Bylaw as amended from time to time. 14.3 Each day that an offence against this bylaw continues shall be deemed a separate and distinct offence. 14.4 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 legislation. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 13of16 15.0 FEES AND CHARGES 15.1 The scale of charges referred to in this bylaw shall be deemed to be current taxes in respect of the Parcel upon which the Premises served by the Solid Waste and Recyclable Materials collection service is located, and shall be placed on the tax roll for collection. The charges shall apply for the current calendar year and shall be subject to the percentage additions and be collected in the same manner as if the charges were current taxes. With the exception of Premises that have been granted an exemption there shall be no adjustment for non-occupancy or partial occupancy of the Premises, and the said charges are payable notwithstanding that the Solid Waste and Recyclable Materials collection service provided therein has not been utilized or has not been fully utilized. 15.2 The charges referred to in paragraph 15.1 shall commence on a newly constructed or installed building on a Premises immediately upon the expiration of 180 days (30 days in the case of a renovated building) from the date of validation of the building permit, provided however, that this amount may be pro-rated from the effective date to December 31 of the year in which the said building is built or renovated. An extension to the 180 day mark may be considered providing the builder applies in writing to the Building and License Division of the City prior to the expiration of the 180 day period. Should a request come from a builder after the expiration of the 180 day period, an extension may still be granted upon payment of an administration fee as indicated in the current Fees and Charges Bylaw. Extensions are only granted in multiples of 30 days. 16.0 SCHEDULES 16.1 Schedule A - Downtown Core - Elimination of Bins attached hereto forms part of this bylaw. 17.0 SEVERABILITY 17.1 If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 14of16 18.0 REPEAL 18.1 "Solid Waste Collection and Disposal Bylaw No. 2011-39" and all amendments thereto are hereby repealed upon adoption. READ A FIRST time this 20 day of June, 2016 READ A SECOND time this 20 day of June, 2016 READ A THIRD time this 20 day of June, 2016 DEPOSITED with the Minister of Health 28 day of June, 2016 ADOPTED this 4 day of July, 2016 Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 15of16 Schedule A Downtown Core - Elimination of Bins I__'··' a Solid Waste Collection and Recyclable Materials Disposal Bylaw No. 2016-29 Page 16of16