Solid Waste Collection and Disposal Bylaw No. 1721 of 2013 — full text

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CITY OF QUESNEL BYLAW NO. 1721 A Bylaw to establish and set regulations for services to collect and dispose of solid waste materials within the City of Quesnel WHEREAS, Section 8 of the Community Charter, allows a City Council to provide any service that Council considers necessary or desirable and may, by bylaw, regulate, prohibit and impose requirements in relation to that service; AND WHEREAS City Council has previously established a solid waste collection service; AND WHEREAS City Council has previously deemed it necessary to regulate and control the use of the property owned by the City for solid waste disposal and to provide for efficient use of the property; NOW THEREFORE the Council of the City of Quesnel in an open meeting assembled enacts as follows: 1. Repeal of Old Bylaws: 1.1. Bylaw No. 375 of 1964 and all amendments to this bylaw are hereby repealed. 1.2. Bylaw No. 413 of 1966 and all amendments to this bylaw are hereby repealed. 1.3. Bylaw No. 1250 of 1993 and all amendments to this bylaw are hereby repealed. 2. Interpretation: 2.1. In this Bylaw: City means the City of Quesnel. Collection Cart means a Garbage Container supplied by the City that is designed to be moved to and from the collection point by an able-bodied individual and to be emptied by automated machinery. Commercial Container means a Garbage Container with a capacity in excess of 360 litres that is supplied by the City or a private waste collection contractor and designed to be emptied by automated machinery. Director means the Director of Public Works and Engineering or any person authorized by the Director to administer this Bylaw. Fees Bylaw means the City of Quesnel Consolidated Fees and Charges Bylaw No. 1683 of 2010 and any of its amendents. Garbage means waste material other than automobile parts, liquid waste, specified risk material, Recyclable Material, Special Waste, or any other type of material or substance determined by the Director to be hazardous or unacceptable for handling in the City's waste material collection and disposal system. Garbage Container means a receptacle used to hold waste material, and includes Collection Carts and Commercial Containers. Landfill means the Carson Pit Road Landfill operated by the City, located on District Lot 6683 except Block A, Cariboo Land District, Operational Certificate PR 3132 and MR 3132. Recyclable Material includes paper, cardboard, plastics, glass and metal containers and other materials determined by the Director from time to time based on the nature and capacity of the City's recycling facilities. Bylaw 1721 -2- Special Waste means special waste as defined in the Environmental Management Act. 2.2. If any section or part of a section of this Bylaw is held to be invalid by a court of competent jurisdiction, that section or part shall be severed and the remainder shall be deemed to have been enacted without the severed portion. 3. Administration 3.1. The Director may from time to time prescribe the form of applications, certificates and other documents required in administration of this bylaw. 3.2. The Director may from time to time determine waste that is no longer acceptable at the Landfill. 3.3. Where this Bylaw directs a person to do anything or to comply with regulations the Director and any person authorized by the Director to do so may enter on any land or premises that are subject to the regulations to inspect and determine whether the regulations are being observed. 3.4. The Director may, where collection vehicle access to any premises is hampered by any circumstance, designate in writing any location for the placement of Garbage Containers on those premises, and those locations shall substitute for the locations prescribed for the premises by this Bylaw until the Director notifies the occupier of the premises otherwise. 4. Landfill Operations 4.1. The City shall maintain and operate the Carson Pit Road landfill for the disposal of solid waste originating from the City of Quesnel and electoral areas A, B, C and I of the Cariboo Regional District. 4.2. The use of any other land within the City for the disposal of solid waste is strictly prohibited. 4.3. The landfill site shall be operated in accordance with the "operation requirements for landfill sites" issued by the Waste Management Branch, Ministry of Environment of the Province of British Columbia; 4.4. The City may enter into contracts with a person for all or part of the collection, removal and disposal of garbage, other waste or recyclables. 4.5. No vehicle with a load that exceeds the weight limits set out in the regulations pursuant to the Motor Vehicle Act will be permitted on the landfill site. 4.6. No person shall transport on any highway any Garbage, Garden Waste or Recyclables that is not secured or covered such that it can be blown from the vehicle while in transit. 4.7. Any person may deposit Recyclable Material originating from the City of Quesnel or electoral areas A, B, C and I of the Cariboo Regional District at the Landfill Recycling area or at Recyclable Depots located in the City at various spots as determined by the Director. 4.8. Persons delivering materials to the landfill site must follow any posted Landfill signs. 4.9. Persons delivering materials to the landfill site shall separate their loads and deposit them at the designated drop off areas in such a manner as directed by the landfill attendant. 4.10. No person shall deposit prohibited waste, as detailed in Schedule C2 of the Fees Bylaw. 4.11. No person will deposit any non-recyclable material without first having the material weighed on the scale. 4.12. Any person dumping material in the wrong location shall pick up this material immediately and dump it in the designated location. Bylaw 1721 -3- 4.13. Use of the landfill site may be denied to persons who do not obey the directions given by the Attendant, Operator, Director or any other person designated by the Director to administer this bylaw. 4.14. All materials deposited on the landfill site become the property of the City of Quesnel. Salvaging or scavenging is not permitted without express written permission of the City of Quesnel. 5. Landfill Safety 5.1. Any person entering the Landfill does so at their own risk. The City of Quesnel accepts no responsibility or liability for damage or injury to person or to property. 5.2. No person shall permit a child twelve (12) years or younger to enter the Landfill except when they remain inside a motor vehicle at all times. 5.3. No person shall allow a pet outside a motor vehicle while at the Landfill. 5.4. No person is permitted to remain at the Landfill longer than is required to proceed to the designated deposit area, unload and leave. 5.5. No person shall exit their vehicle while it is on the scale. 5.6. No person shall enter the landfill site outside of regular operating hours. 6. Landfill Fees 6.1. Any person depositing waste at the Landfill will be charged tipping fees as per Schedule C2 of the Fees Bylaw. 6.2. Fees shall be paid to the Landfill attendant at the scale after dumping the materials, unless the person has been approved by the City of Quesnel for a commercial account. 7. City Collection Services 7.1. The City by this Bylaw establishes the service of collecting, removing and disposing of Garbage. 7.2. The service includes the provision of equipment and personnel for the automated and manual collection, removal and disposal of Garbage at the times and intervals prescribed by the Director. 8. Residential Services 8.1. Every occupier of a residential premise within the City must make use of the collection service established by this Bylaw and pay the applicable fees imposed in the Fees Bylaw. 8.2. Every occupier of a residential premise must follow the following guidelines for the use of their collection cart 8.2.1. Collection Carts must be kept in a secure location on non-collection days. 8.2.2. Collection Carts must be set out by 8:00 am on collection days. 8.2.3. Empty Collection Carts must be taken in as soon as possible. 8.2.4. Collection Carts may be used for residential garbage only. 8.2.5. On collection day the Collection Cart must be set out with the wheels against the curb or edge of payment, with the opening of the Collection Cart facing towards the road and with one arm's length clearance on all sides of the Collection Cart. 8.2.6. During periods of heavy snow, additional instructions may be given by the City to assist the snow removal process. 8.3. The Director may exempt a residential property if it is determined that there is a safety or access issue preventing collection. Bylaw 1721 -4- 8.4. An occupier of land who is not able to place a Collection Cart for collection in accordance with Section 8.2, may apply to the Director for assistance on the prescribed form, and the Director may, on being satisfied that the no able-bodied person resident in the occupier's household is available to provide assistance and that the occupier is unable to comply with section 8.2, approve the provision of such assistance by the City. The Director may require the applicant provide proof of disability by means of a physician's certificate. An occupier receiving such additional service must, if they become able to comply with section 8.2 or another household member becomes able to do so, promptly notify the Director and the Director shall cancel the additional service. Confirmation of the need to continue this service will be verified on a yearly basis. 8.5. Mobile Home parks may request an exemption from City garbage collection, provided the owner declares in writing to the Director how garbage for the Mobile Home Park will be handled. 9. Commercial Services 9.1. The Director is authorized to require any occupier or owner of a trade premises to use a trade waste container for the disposal of trade waste from such trade premises and collection by the City. 9.2. Every Commercial Container shall: 9.2.1. Be of a capacity sufficient to contain Garbage generated in the premises for which it is provided during the intervals between collections. 9.2.2. Be maintained by its owner in good condition, and be kept in a clean and sanitary condition by the occupier of the premises for which it is provided; 9.2.3. Be located on a level site on the occupier or owner's property, at a location that can be accessed by the City or contractor for collection, and so that the container does not encroach on any highway, boulevard, lane or other public place unless the occupier has obtained the approval of the City in writing to so encroach. 9.2.4. Any arrangements to share Trade Waste Containers by more than one commercial location must be approved by the Director in writing. All commercial locations using city collection services will be charged at least the minimum commercial garbage fee as per the Fees Bylaw. 10. Garbage Containers and Locations 10.1. Every occupier of premises to which this Bylaw applies shall obtain from the City a Collection Cart for a residential premise or Trade Waste Containers, of the capacity the occupier deems suitable for containing all of the Garbage generated from the premises on a weekly basis, with the exception of garbage compactors for larger trade premises. 10.2. An occupier may request the Director to provide a replacement Garbage Container of a different capacity, or one or more additional Garbage Containers, and the service fees for which the occupier is liable under this Bylaw shall be adjusted in accordance with the Fees Bylaw. A Fee for the change may be charged in accordance with the Fees Bylaw. 10.3. The occupier shall maintain all Garbage Containers supplied by the City in a clean and sanitary condition at all times, and shall notify the Director of any lost, stolen or damaged Garbage Containers and obtain a replacement. A Fee may be charged in accordance with the Fees Bylaw. 11. Fees and Charges 11.1. Every occupier of premises required to use collection services under this Bylaw shall pay the fee prescribed by the Fees Bylaw. Bylaw 1721 -5- 11.2. The fees shall be due and payable in full on the date specified on the City's invoice, subject to the occupier qualifying for any early payment discount as specified in the Fees Bylaw. 11.3. Fees imposed for services provided under this Bylaw may be collected in the same manner and with the same remedies as property taxes on the premises in respect of which they are imposed and, if unpaid on December 31 of the year in which they are imposed and due and payable on that date, shall be deemed to be taxes in arrears. 12. Offences and Penalties 12.1. Every person who contravenes any provisions of this Bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do, or refrains from doing, anything required to be done by any of the provisions of this Bylaw, or who does any act or thing which violates any of the provisions of this Bylaw, is guilty of an offence and is liable on summary conviction to a fine of not less than $100.00 and not more than $2,000.00 pursuant to the Offence Act 13. This bylaw shall be cited for all purposes as "City of Quesnel Solid Waste Collection and Disposal Bylaw No. 1721 of 2013". READ A FIRST TIME this 24th day of June, 2013. READ A SECOND TIME this 24th day of June, 2013. READ A THIRD TIME this 24th day of June, 2013. FINALLY ADOPTED by a Majority of Council this 1st day of August, 2013. __________________________ ________________________________ MAYOR, CITY MANAGER, Mary Sjostrom Byron Johnson