Municipal Solid Waste Collection Bylaw No. 2784, 2025 — full text

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CITY OF POWELL RIVER BYLAW NO. 2784, 2025 A Bylaw to provide for the collection, transfer, disposal and recycling of solid waste NOW THEREFORE, the City of Powell River Council in open meeting assembled enacts as follows: 1. CITATION This bylaw may be cited for all purposes as the " Municipal Solid Waste Collection Bylaw No.2784, 2025". 2. DEFINITIONS In this Bylaw: (a) "Automated Collection Service" means the collection and disposal of garbage, organics and recyclables, using a specially designed vehicle with a mechanical apparatus which empties Carts directly into the vehicle without requiring manual labour to empty the Carts. (b) "Basic Service" means a Solid Waste curbside collection service provided to all Single- Family Dwelling Units in the City, which are not designated as unserviceable in accordance with section 3.4 of this Bylaw, consisting of: (i) weekly collection of Organics, and (ii) bi-weekly collection of Garbage and Recyclables.. (c) "Collector" means the person appointed by Council as the Chief Financial Officer/Collector for the City of Powell River or their designate. (d) "Council" means the elected Council of the City of Powell River. (e) "City" means the City of Powell River. (f) "Cart" means a Garbage, Recycling, or Organics container issued in accordance with this Bylaw to Residential Dwellings or ICIs for the purpose of automated collection. Carts are issued by, and remain at all times the property of, the City of Powell River. (g) "Garbage" means mixed waste and waste that is not Organics or Recyclables or materials defined in Prohibited Waste, item i. thru ix. herein. (h) "Garbage Tag" means a tag that has been pre-purchased and is affixed to the outside of a plastic bag for collection. (i) "ICI" means Industrial, Commercial and/or Institutional as those terms are defined in Zoning Bylaw No. 2100, 2006, as amended. (j) "Manager of Operational Services" means the person responsible for the Operations of the City of Powell River or their designate. "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 2 of 9 (k) "Multi-Family Residential Dwelling" means an attached Residential Dwelling situated on a parcel containing three (3) or more residential dwelling units. (I) "Occupant" means any person occupying any Single-Family or Multi-Family Residential Dwelling or ICI who is not an Owner of the Residential Dwelling or ICI. (m) "Owner" means the person or persons listed by the BC Assessment Authority as the owner or owners of a lot or strata lot on which a Residential Dwelling or ICI is situated. (n) "Organics" means food scraps, yard waste and food-soiled paper. Without limiting the foregoing, examples of acceptable Organics materials include: meat and bones, fish, shellfish, pasta and grains, dairy products, eggs and eggshells, fruit and vegetables, food-soiled paper and cardboard, paper coffee filters, coffee grounds and paper tea bags, wooden utensils. Yard waste such as leaves, grass clippings, cones, flowers, and small branches are acceptable however, invasive species or any branches/limbs larger than 1" in diameter are prohibited. (o) "Prohibited Waste" includes but is not limited to the following: (i) Hazardous Waste as defined in the Hazardous Waste Regulation (BC Regulation 63/88); (ii) Bulk liquids or sludge; (iii) Dead animals and/or pathological waste; (iv) Animal feces; (v) Plastics [compostable or biodegradable]; (vi) Metals; (vii) Excrement, other than amounts of excrement that are double bagged; (viii) Personal hygiene products, other than amounts of products that are double bagged; (ix) Any material that would cause undue risk of injury or occupational disease to any person that would contravene the Occupation Health and Safety Regulations;. (x) Construction materials; (xi) Wastes as defined in the Ministry of Environmental Landfill Criteria for Municipal Solid Waste (Second Edition) as amended from time to time; (xii) Any material deemed by the Roads Supervisor as unacceptable for disposal. (p) "Recyclables" or "Recycling" means clean packaging and paper materials as defined from time to time in Recycle BC's recycling program. Without limiting the foregoing, examples of acceptable Recycling materials include: newspapers, magazines, paper gift wrap, writing and home office paper, paper envelopes, paper notepads, cardboard and boxboard boxes, paper bags, cores for paper towels and toilet tissue, plastic jugs with screw-tops, plastic bottles with screw "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 3 of 9 caps, plastic clamshells, plastic straws and stir sticks, plastic utensils, plastic jars with wide mouths and screw-top lids, plastic tubs for food, cartons and boxes, aluminum cand and lids used for food, aluminum foil and pie plates, metal cans and lids for food. (q) "Residential Dwelling" means a Single-Family Residential Dwelling or a Multi-Family Residential Dwelling. (r) "Roads Supervisor" means the person responsible for the Roads Department of the City of Powell River or designate. (s) "Single-Family Residential Dwelling" means a detached single-family dwelling, a secondary suite or a duplex unit. (t) "Solid Waste" includes "Garbage", "Recycling" and "Organics" originating from Residential Dwellings and properties zoned ICI. (u) "Supplemental Services" means collection services as defined in section 4 of this Bylaw. 3. Basic Service - Solid Waste Collection Services for Single-Family Residential Dwellings 3.1. A Solid Waste curbside collection service is established to collect, transfer, dispose and recycle residential Garbage, Organics and Recyclables. Garbage, Organics and Recyclables are limited by weight and volume as set out in section 5.3 of this Bylaw. 3.2. Every Single-Family Residential Dwelling in the City shall be provided Basic Service for its Solid Waste, except those Single-Family Residential Dwellings determined to be unserviceable in accordance with section 3.4 of this Bylaw. 3.3 All Single-Family Residential Dwellings receiving Basic Service shall use the City issued Cart intended for each type of Solid Waste as follows: (a) automated Garbage Collection - 120 litre Cart; (b) automated Organics collection - 120 litre Cart; and (c) automated Recycling collection - 240 litre or 360 litre Cart. Notwithstanding subsection 3.3(c), Single-Family Residential Dwellings receiving Basic Service may use reusable bins belonging to the Owner or Occupant until such time as the automated Recycling Carts are delivered by the City. 3.4 The Manager of Operational Services is authorized to: a) designate Single-Family Residential Dwellings as unserviceable and order that Basic Service not be provided if it is determined that: (i) access is unsafe, impractical or unreasonable due to grade, road configuration, physical conditions, narrowness of the access route, public safety, or operational constraints; (ii) collection is unsafe due to the presence of any person, animal, natural or other hazard on or in the vicinity of the Single-Family Residential Dwelling; or (iii) the Single-Family Residential Dwelling is located such that the time and expense to provide the service is excessive; (iv) there is insufficient curbside room to meet spacing requirements for the collection of multiple Carts and/or bins. "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 4 of 9 b) remove the unserviceable Single-Family Residential Dwelling designation when satisfied that the reasons for the original designation no longer apply; c) approve or deny Basic Service to: (i) a group home, (ii) a daycare facility, (iii) a rooming house, (iv) vacation rental, (v) non-residential facilities, (vi) Multi-Family Residential Dwellings, and (vii) properties designated Industrial, Commercial or Institutional on a case by case basis, having regard to the considerations set out in section 3.4(a) of this Bylaw, and requirements as defined from time to time by Recycle BC's Recycle Program. 3.5. An Owner or Occupant may request that Council affirm, repeal or amend the decision of the Manager of Operational Services who has applied the unserviceable Single Family Residential Dwelling designation under section 3.4(a) or a denial of Basic Service under section 3.4(c), by following the process set out in section 23 of Delegation Bylaw No.2367, 2013, as amended. 3.6. Where residents have mobility challenges and are unable to meet the collection location requirements, they may apply for manual collection. The Manager of Operational Sen/ices is authorized to consider manual collection service for an applicant, subject to: (a) provision of documentation from a health care professional attesting to the inability of the applicant to meet the location requirements, (b) review of the collection location by the Roads Supervisor, (c) capacity of the City to provide manual collection at the collection location, (d) consideration of unsafe conditions due to the presence of any person, animal, natural or other hazard on or in the vicinity of the collection location. Manual collection services will be reviewed on an annual basis by the Manager of Operational Services. 4. Supplemental Services - Solid Waste Collection Services Over and Above Basic Service 4.1 Single-Family Residential Dwellings receiving Basic Service are eligible for the Supplemental Services set out in section 4.2 of this Bylaw and sections 4, 5, and 6 of Schedule A to this Bylaw. 4.2 Additional Garbage bags (outside the provided Cart) may be put out for collection at Single-Family Residential Dwellings in the City on Garbage collection days in accordance with section 5 of this Bylaw, subject to the following conditions: (a) a maximum of four (4) bags will be accepted; (b) a City issued Garbage Tag must be affixed to each additional Garbage Bag in accordance with section 11 of Schedule A to this Bylaw; (c) the Owner or Occupant shall ensure that each bag is securely fastened; (d) additional Garbage bags are to measure a maximum of 79 centimeters (31 inches) in width and 107 centimeters (42 inches) in length; (e) Garbage bags shall be of heavy-duty construction and not easily torn, punctured, or stretched; "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 5 of 9 (f) additional Garbage bags shall be placed out for collection in accordance with section 5.2 of this Bylaw to mitigate disturbance of the garbage by animals; (g) no garbage bag shall exceed 12 kilograms (26.5 pounds). 4.3 Multi-Family Residential Dwellings in the City on parcels containing eighteen (18) or fewer attached residential dwelling units who choose to participate in the program shall be provided with the following Solid Wast collection services: (a) automated Garbage Collection - one 360 litre Cart for every 3 units (rounded up), with a maximum of 4 Carts per parcel, (b) automated Organics collection - one 240 litre Cart for every 6 units (rounded up), with a maximum 3 Carts per parcel, and (c) automated Recycling collection - one 360 litre Cart for every 5 units (rounded up), with a maximum of 4 carts per parcel. subject to the authority of the Manager of Operational Services to designate any such Multi-Family Residential Dwellings to be unserviceable. 4.4 Multi-Family Residential Dwellings in the City on parcels containing over eighteen (18) attached residential dwelling units may be provided the following Solid Waste collection services: (a) automated Recycling collection - one 360 litre Cart for every 5 units (rounded up), with a maximum of 5 Carts per parcel, provided the units are not designated unserviceable by the Manager of Operational Services, taking into account the considerations in section 3.4(a) of this Bylaw 4.5 Notwithstanding sections 4.3(c) and 4.4(a) above; until automated Recycling Carts are delivered, those persons receiving Supplemental Service shall use reusable bins owned by the Property Owner or Occupant for manual curbside recycling collection. 4.6 Where the Owner or Occupant of any Multi-Family Residential Dwelling uses only the City's Recycling collection services because of location restrictions and requirements, or is over 18 units, they shall be charged the minimum applicable rate for the service being used as set out in the table in Schedule "A", attached hereto and forming part of this Bylaw. Confirmation of the minimum applicable rate must be authorized by the Roads Supervisor after written request from an Owner and a site visit by the Roads Supervisor before the levy charge be adjusted by the Collector. 4.7 ICI properties authorized by RecycleBC and the Manager of Operational Services to receive Supplemental Services for Recyclables shall use a City issued 360 litre Cart for automated Recycling collection. A maximum of five Carts will be provided per property. 5. Terms and Conditions of Service 5.1. No person shall dispose, or place out for collection, any Prohibited Waste for collection through Basic Service or Supplemental Service. 5.2. If an Owner or Occupant of a serviced property wishes to receive curbside collection on a scheduled day, Solid Waste must be: "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 6 of 9 a) at the collection point by 7:30 am but not before 5:00 am; b) removed from the collection point and stored on private property by 8:00 pm on the scheduled day of collection. 5.3. Residents receiving Basic Service shall set out for their Solid Waste as follows: a) Garbage, Recycling and Organics must be: (i) contained in a closed City issued Cart; (ii) no more than 35 kg (75 pounds) in weight; and (iii) placed: - as close as possible to the edge of the street surface; - in a location clearly visible to collection workers; - in a manner that allows collection by workers and automated equipment; - one (1) metre apart from all other objects; - with three (3) metre clearance above Cart; - with Cart lids opening into the street; - such that the Cart does not obstruct vehicles or pedestrians. b) Notwithstanding item 5.3a) above; until automated Recycling Carts are delivered, Recyclables must be: (i) contained in a reusable bin belonging to the Owner or Occupant; and (ii) placed: - as close as possible to the edge of the street surface; - in a location clearly visible to collection workers; - in a manner that allows collection by workers; - one (1) metre apart from all other objects; - such that the bin does not obstruct vehicles or pedestrians. 5.4. Despite the provisions contained in this Bylaw for the location and placement of Solid Waste for collection, the Roads Supervisor may designate an alternative collection point or require Solid Waste be placed in a manner dictated by site conditions. 5.5. No Solid Waste shall be collected from the interior of any Residential Dwelling or ICI. 5.6. Any remaining Solid Waste or debris not collected or escaped from any Cart or bin put out for collection must be cleaned up and removed the same day by the Owner or Occupant from whose Cart or bin the Solid Waste originated. 5.7. All Solid Waste not eligible for collection under this Bylaw must be collected, removed, and disposed of by the Owner or Occupant of a Residential Dwelling or ICI following the guidelines stated in the Powell River Regional District Solid Waste Management and Resource Recovery Plan or at a landfill disposal site in accordance with British Columbia Ministry of Environment Landfill Criteria for Municipal Solid Waste. 5.8. No person shall remove any material from a Cart or bin from the area where Solid Waste is placed for the purpose of collection, except for the Owner or Occupant from whose Residential Dwelling or ICI the Solid Waste originates, or by City collection staff. 5.9. Owners and Occupants of Residential Dwellings and ICIs to whom Carts have been issued must: a) ensure that they are maintained in a safe, sanitary and usable condition; "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 7 of 9 b) ensure the inside is kept dry; c) not permit the Cart to be marked, altered or changed in appearance; d) not permit the Cart to be damaged, destroyed or disposed of; e) report to the City any damaged, broken, lost or stolen Cart; and f) store the Cart on private property unless it's the designated collection day. 5.10. No person shall: a) intentionally damage a Cart; b) remove a Cart from its assigned address; and c) use a Cart for any purpose other than to dispose of Solid Waste. 5.11. The Roads Supervisor is authorized to enter onto private property to: a) inspect any Cart at all reasonable hours in order to determine if it is no longer suitable for use due to it being broken, hazardous or unsanitary; and b) have a Cart repaired or replaced. 6. Fees for Service 6.1. Solid Waste collection service fees are as set out in Schedule "A" to this Bylaw. 6.2. Fees for the Solid Waste collection service shall be levied from the earlier of: a) the date of a City occupancy permit; or b) the date of actual occupancy of the premises. 6.3. A fee imposed under this Bylaw which remains unpaid on the 31 st day of December in any year shall be deemed to be taxes in arrears on the land or real property on which the charge is imposed and may be recovered as provided for in the Community Charter. 6.4. Fees for solid waste collection service will not apply or will temporarily abate if: a) the premises are permanently vacated; b) the premises are temporarily rendered uninhabitable because of fire or other similar disaster; c) the premises have been deemed unserviceable by the Manager of Operational Services or the Roads Supervisor; d) in the case of an extended temporary vacancy (6 months or more), the Owner of the premises can submit a request in writing for services to be discontinued. Services will resume when a request in writing is received by the Manager of Operational Services. In all cases the Cart(s) assigned to the address will be collected by City staff before fees are discontinued. 6.5. The Collector may authorize an adjustment for charges applied in error, provided that the Owner or Occupant submits, in writing to the City, within one year after the period for which charges were imposed, that an error has occurred. 6.6. Where the Owner or Occupant of any eligible Residential Dwelling or ICI does not utilize available City collection services, the Owner or Occupant shall be charged the minimum applicable rate as set out in Schedule "A" attached hereto and forming part of this Bylaw. Where the Owner or Occupant of any eligible Residential Dwelling or ICI does not utilize available City collection services due to one or more of the location restrictions set out in section 3.4(a), which cannot be reasonably addressed by the Owner or Occupant, they shall not be charged the minimum applicable rate for the premises as set out in Schedule "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 8 of 9 "A" attached hereto and forming part of this Bylaw, provided that removal from the service is subject to receipt of a written request from the Owner to the City and authorized by the Manager of Operational Services following a mandatory site visit by the Roads Supervisor. 6.7. Where the Owner or Occupant of any Multi-Family Residential Dwelling only uses the City's Recycling collection services because of location restrictions and requirements, they shall be charged the minimum applicable rate for the service being used as set out in Schedule "A", attached hereto and forming part of this Bylaw. Removal from Basic Service or Supplemental Service is subject to receipt of a written request from the Owner to the City and authorized by the Manager of Operational Services following a mandatory site visit by the Roads Supervisor. 7. Enforcement and Penalties 7.1. The Manager of Operational Services, RCMP officers, Roads Supervisor and Bylaw Enforcement Officers have authority to enter onto a property, at all reasonable times, to determine compliance with the provisions of this Bylaw. 7.2. If any section, subsection, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of a Court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder. 7.3. Any person who contravenes any of the provisions of this Bylaw commits an offence and shall be liable to prosecution under, and the penalties imposed pursuant to the Offence Act (BC) or Municipal Ticketing Information Bylaw No. 2572,2019. 8. REPEAL 8.1 "Municipal Solid Waste Collection Bylaw 2738, 2024" and any amendments thereto are hereby repealed. READ A FIRST TIME this 4th day of December, 2025. READ A SECOND TIME this 4th day of December, 2025. READ A THIRD TIME this 4th day of December, 2025. ADOPTED this 18th day of December, 2025 Acting Mayor Peter DeJong, Corporate Officer "City ofPowell River Municipal Solid Waste Collection Bylaw No. 2784, 2025" Page 9 of 9 SCHEDULE"A" 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. MUNICIPAL SOLID WASTE COLLECTION FEES There shall be raised, levied, and collected the total annual charge for solid waste collection as per the rate schedule below. Rates are per residential unit per year. Separate service rates are provided for when bylaw item 4.9 applies. Garbage and Organics Recycling Total 2026 205.19 40.16 $245.35 2027 212.52 40.66 $253.18 2028 220.57 41.16 $261.73 2029 226.68 41.66 $268.34 2030 233.57 42.16 $275.73 The annual charge will be billed on property tax notices. The annual payment will be due on or before the first working day after 01 July of each year. Annual rates shall be subject to a ten percent (10%) penalty on any portion that is not paid on or before the due date stipulated in Section 2 above. Each residential property will be supplied with one cart to be used for Garbage disposal. An additional 120 litre cart can be provided for an additional annual charge of $80.00. For each levy change, an administration charge is payable, at time of request, of $25.00. Each residential property will be supplied with one cart to be used for Organics disposal. An additional 120 litre cart can be provided for an additional annual charge of $80.00. For each levy change, an administration charge is payable, at time of request, of $25.00. Each residential property will be supplied with one cart (either a 240 or 360 litre) to be used for Recycling disposal. There is an option to change the size of the cart with no additional annual charge. For each levy change, an administration charge is payable, at time of request, of $25.00. Authorized ICI properties receiving supplemental Recycling service will be supplied with up to five carts to be used for Recycling disposal. For each 360 litre cart provided, there will be an annual charge equivalent to five residential recycling units. For each change to the levy, an administrative charge will be paid, at time of request of $25.00. Loss or damage of 120 litre cart leading to replacement is at the expense of the property owner. The replacement fee is $80.00. Loss or damage of 240 litre cart leading to replacement is at the expense of the property owner. The replacement fee is $100.00. Loss or damage of 360 litre cart leading to replacement is at the expense of the property owner. The replacement fee is $150.00. Extra bags of Garbage (outside Cart) will be collected so long as each one (maximum 4) displays a Garbage Tag indicating payment of an additional $5.00 collection fee per bag.