Solid Waste Management Bylaw No. 2018-018 - Consolidated to February 27, 2024
Summerland, British Columbia
· adopted 2024-02-27
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Consolidated Solid Waste Management Regulation Bylaw - February 27, 2024
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2018-018
A bylaw to regulate the Management of Solid Waste
WHEREAS under the Local Government Act, the Council of the District of Summerland
may, by bylaw, require persons to use a waste disposal or recycling service and require
owners or occupiers of real property to remove trade waste, refuse, garbage, rubbish and
other matter from their property and take it to a specified place; may operate any service
that the Council considers necessary or desirable for all or part of the District of
Summerland; may, by bylaw, regulate and prohibit the use of District of Summerland works
and facilities; may, by bylaw, impose a fee or charge payable in respect of a service of the
District of Summerland; and may base the fee or charge on any factor specified in the
bylaw;
AND WHEREAS the District of Summerland considers that it is necessary to provide
regulations for the management of solid waste and these collection programs;
NOW THEREFORE the Council of the District of Summerland in open meeting assembled
enacts as follows:
1
INTRODUCTION
1.1
TITLE
This bylaw may be cited as "Solid Waste Management Regulation Bylaw Number
2018-018".
1.2 INTERPRETATION
In this bylaw, unless the context otherwise requires:
"Active Face" means the area of the Site where the placing, spreading, compacting
and covering of Refuse is actively taking place.
"Agricultural Organic Material" means suitably prepared and separated plant
derived organic materials from agricultural operations including but not limited to
orchards, nurseries, vineyards and silviculture operations.
CONSOLIDATED FOR CONVENIENCE TO INCLUDE
BYLAWS: 2024-002
Solid Waste Regulation Bylaw No. 2018-018
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"Agricultural Plastic" means suitably prepared and separated waste plastic used
in agricultural applications, including but not limited to, ground crop plastic, silage
bags, fertilizer bags, baler twine, and greenhouse plastic including containers and
structural film.
"Agricultural Tree Stumps/Organic Material" means suitably prepared and
separated plant derived organic material that originates from agricultural operations
including but limited to orchards, nurseries, vineyards and silviculture operations but
does not include organics that do not originate from the agricultural operation.
"Ash" means powdery, whitish grey residue of a substance that has been burned
and has been allowed to entirely cool for no less than a two-week period. If they are
hot or smouldering or not entirely cooled for more than a two-week period, they are
a Prohibited Waste.
"Base Cart Program" means the District-supplied and owned Carts, loaned to each
Participant within the Curbside Collection Program Service Area, for the collection of
Curbside Residential Waste, Curbside Recyclable Material, and Curbside Yard and
Garden Waste and will be comprised of the following:
- One (1) - 120 Litre Cart for Curbside Residential Waste; and
- One (1) - 240 Litre Cart for Curbside Recyclable Material; and
- One (1) - 240 Litre Cart for Curbside Yard and Garden Waste; or
- as otherwise determined by the Director.
"Bin" means specially-designed containers approved by the Director between 1.5
cubic metres and 4.5 cubic metres (2 to 6 cubic yards) capacity, fitted with
equipment that will allow the container to be dumped mechanically.
"Biomedical Waste" has the meaning prescribed in the Hazardous Waste
Regulation.
Bylaw No. 2024-002 deleted the definition of 'blue bag' in its entirety.
"Bulky Waste" means waste articles that are too large by reason of their bulk or
shape to manage using regular handling and Disposal methods as determined by
the Director, including but not limited to those items greater than one and one half
(1.5) cubic metres in volume or 2.4 metres (8 feet) in length (see Controlled Waste).
"Bundle" means Curbside Yard and Garden Waste tree trimmings or Prunings
securely tied neatly together in twine or string with a maximum weight of 25 kg (55
lb) and cut to a maximum of 1 metre (3 feet) in length.
Bylaw No. 2024-002 deleted the definition of 'burned material' in its entirety and replaced with the following
definition of 'burned material':
Solid Waste Regulation Bylaw No. 2018-018
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"Burned Material" means any material that has smouldered or been on fire and
allowed to cool a minimum of two (2) weeks.
Bylaw No. 2024-002 deleted the definition of 'carcass' in its entirety and replaced with the following definition
of 'carcass':
"Carcass" means dead animals, or portions thereof, that are not identified as
Prohibited Waste.
"Cart" means a wheeled Container suitable for automated collection of Curbside
Residential Waste, Curbside Recyclable Material, or Curbside Yard and Garden
Waste as part of the Curbside Collection Program.
"Ceramic Fixture" means toilets, sinks, bathtubs, other fixtures or other products
made of non-metallic solid material comprising an inorganic compound of metal,
non-metal or metalloid atoms primarily held in ionic and covalent bonds material,
and can also include ceramic tiles, where non-ceramic materials, such as metal and
plastic are removed.
Bylaw No. 2024-002 added the definition of 'clean soil':
"Clean Soil" means soil not determined to be Contaminated Soil and must be
dry and free of organics (brush, roots, logs and branches) and debris such as
garbage, concrete, asphalt, and rocks larger than 40 centimetres (16 inches) in
any direction.
"Clinical/Laboratory Waste" means non-anatomical waste, including Sharps, that
is generated by institutions including but not limited to, hospitals, laboratories,
doctors' offices, medical clinics, and veterinary clinics, and has been sterilized such
that all micro-organisms including bacteria, viruses, spores, and fungi are killed.
"Commercial Waste" means Solid Waste resulting from the operation and
maintenance of a business.
"Commercial Solid Waste" means Refuse resulting from the operation and
maintenance of a business, and materials discarded from commercial enterprises.
"Compost" means the finished product which is derived from organic matter and is
used as a soil amendment that meets the British Columbia Organic Matter Recycling
Regulation, Section 12(1) Class "A" Compost.
"Compostable Waste" means marketable organic waste including but not limited
to:
(a) Prunings;
(b) Wood Waste;
Solid Waste Regulation Bylaw No. 2018-018
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(c) Processed Organics;
(d) Yard and Garden Waste; and
(e) Agricultural Organic Material.
"Concrete" means a construction material that consists of cement, commonly
cement, aggregate (generally gravel and sand) and water. It is used to make
pavements, architectural structures, foundations, motorways/roads, overpasses,
parking structures, brick/block walls and footings. Recyclable concrete must not
contain asbestos, large amounts of metal protruding or be a Bulky Waste.
"Construction Waste" means Solid Waste, largely inert, resulting from the
construction, remodelling, and repair of structures and infrastructure, and may
include, but is not limited to:
- Asphalt;
- Bricks;
- Concrete and other masonry materials;
- Roofing materials;
- Wood and wood products;
- Covering for interior and exterior walls, floors, and ceilings;
- Plaster;
- Gypsum board or wallboard;
- Plumbing fixtures;
- Electrical wiring;
- Electrical components containing no Hazardous Waste; and
- Insulation that does not contain asbestos.
"Container" means a receptacle, approved by the Director, used for temporary
storage of Curbside Residential Waste, Curbside Recyclable Material, and
Curbside Yard and Garden Waste, including Carts and Bins supplied by the
District or Contractor, and Participant (customer) supplied Curbside Yard and
Garden Waste Containers or Curbside Residential Waste Bags.
"Contaminated" means the presence in a material of an unwanted constituent
which renders the material impure or inferior as defined by the Director.
"Contaminated Sites Regulation" means the Contaminated Sites Regulation,
British Columbia Reg. 375/96 under the Environmental Management Act.
Bylaw No. 2024-002 deleted the definition of 'contaminated soil' in its entirety and replaced with the following
definition of 'contaminated soil':
"Contaminated Soil" means soil in which the concentration of a substance is
greater than or equal to the lowest applicable industrial land use standard under the
Contaminated Sites Regulation, and below any applicable standards that classify
the soil as Hazardous Waste under the Hazardous Waste Regulation.
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Bylaw No. 2024-002 added item (dd) 'fruit waste, byproducts fruit gain' to the definition of 'controlled waste':
"Controlled Waste" means waste that is approved by the Director for Disposal at
the Site but which, because of its inherent nature and quantity, may require special
handling and Disposal techniques to avoid creating health hazards, nuisances, or
environmental pollution, including, but not limited to:
(a)
Ash;
(b)
Agricultural Plastic (Source-Separated);
(c)
Agricultural Tree Stumps/Organic Material;
(d)
Bulky Waste;
(e)
Burned Material that has been allowed to cool for no less than a two-week
period;
(f)
Burned Material with Waste Asbestos that has been allowed to cool for no
less than a two-week period;
(g)
Carcasses;
(h)
Clean Soil;
(i)
Concrete - Bulky;
(j)
Condemned foods;
(k)
Demolition, Renovation and Construction Waste;
(l)
Foundry Waste/Dust;
(m)
Hazardous Waste, only those specifically approved for Disposal at the Site;
(n)
Household Hazardous Waste;
(o)
Illegally Dumped Waste;
(p)
Infested Vegetation;
(q)
Invasive Plants;
(r)
Lead-Based Paint coated materials;
(s)
Metal Drums and Tanks;
(t)
Non-Assessed Demolition, Renovation and Construction Waste;
(u)
Non-Recyclable Gypsum Board and Wallboard;
(v)
Noxious Weeds;
(w)
Preserved Wood;
(x)
Refrigeration Unit containing ODS;
(y)
Septage;
(z)
Sludge and screenings from the District of Summerland Wastewater
Treatment Plant;
(aa)
Timber Waste;
(bb)
Tree Stump over 0.60 m in diameter.
(cc)
Waste Asbestos;
(dd)
Fruit Waste, Byproducts Fruit Grain
"Corrugated Cardboard" means containers or materials used in containers
consisting of three or more layers of kraft paper materials and having smooth
exterior liners and a corrugated or rippled core, but excluding containers that are
impregnated with blood, grease, oil, chemicals, food residue, wax, or have
polyethylene, polystyrene, foil or other non-paper liners, or are otherwise
Solid Waste Regulation Bylaw No. 2018-018
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contaminated with a material that will render the material not marketable.
"Council" means the Mayor and Council of the Corporation of the District of
Summerland.
"Curbside Collection Program" means the collection of Curbside Collection
Program Material contained in District-supplied Containers and Participant
(customer) supplied Containers.
"Curbside Collection Program Service Area" means the area within the
boundaries of the District of Summerland.
"Curbside Collection Program Material" means Curbside Residential Waste,
Curbside Recyclable Material, and Curbside Yard and Garden Waste, and other
materials as designated by the Director to be collected via the Curbside Collection
Program from Residential Dwelling Premises for Disposal, Recycling or
Composting; or Curbside Recyclable Material and other materials as designated by
the Director to be collected from Multi-Family Dwellings for Disposal or Recycling.
"Curbside Residential Waste Bag" is one (1) plastic bag with the volume capacity
of 95 L (25 USgal) or less and a maximum filled weight of 25 kg (55 lb).
"Curbside Recyclable Material" means recyclable materials accepted in the
Curbside Collection Program, as defined by the Extended Producer Responsibility
Program(s) designated to the collection of residential paper and packaging, and any
other residential materials designated for curbside collection by an Extended
Producer Responsibility Program.
"Curbside Residential Waste" means Refuse that is collectable within the local
Curbside Collection Program.
"Curbside Yard and Garden Waste" means Yard and Garden Waste material
with a maximum diameter of 5 cm (2 inches) and 1 metre (3 feet) in length, free
of Contaminants.
Bylaw No. 2024-002 deleted the definition of 'curbside yard and garden waste container' in its entirety and
replaced with the following definition of 'curbside yard and garden waste container':
"Curbside Yard and Garden Waste Container" means one (1) rigid plastic or
galvanized metal can with the volume capacity of 121 litres (32 USgal) or less and
containing a maximum weight of 25 kg (55lb); or a Cart-type unit of a maximum
volume of 360 litres (95 USgal), with wheels, capable of being lifted by the
Contractor's collection vehicle for manual or semi-automated collection; or a Kraft
Bag; or a Bundle.
Solid Waste Regulation Bylaw No. 2018-018
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"Deconstruction" means the dismantling of a human-made structure in a manner
that enables maximum salvage of reusable building of reusable building
components and recycling of the remaining building components.
"Demolition, Renovation and, Construction (DRC) Waste" means co-mingled
Solid Waste, resulting from the construction, remodelling, repair and Demolition of
structures, roads, sidewalks and utilities, utility maintenance, and seasonal or storm-
related cleanup. DRC waste may include, but is not limited to, asphalt, bricks,
concrete and other masonry materials, roofing materials, wood, wood products, wall
covering, plaster, gypsum board or wallboard, plumbing fixtures, electrical wiring,
electrical components containing no hazardous materials and insulation or any
material that does not contain asbestos.
"Demolition Waste" means Construction Waste resulting from the demolition or
deconstruction of structures and infrastructure and means the 'mixed load solid
waste' materials produced through machine reduction of a human-made structure.
"Designated Location" means an area dedicated to the collection of Source
Separated Solid Waste.
"Dispose; Disposal; Disposed; Disposing" means either:
(a)
the transfer of Solid Waste to a Designated Location at the Site; or
(b)
the placement of Curbside Collection Program Material in a Container for
collection as part of the Curbside Collection Program.
"DLC" means Demolition, Land Clearing and Construction.
"Director" means the official appointed to that position by the Council of the District
of Summerland responsible for Solid Waste Management and includes his duly
authorized representatives.
"Director of Finance" means the Director of Finance, as appointed by the Council
of the District, and includes his duly authorized representatives.
"District" means the Corporation of the District of Summerland.
"Dwelling" 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. This does not include rooms in a hotel or Institutional residences such as
care homes.
"Electronic Waste" (or "E-Waste") means various types of waste containing
mainly electronic components, made of essentially durable products, used for data
processing, telecommunications, or entertainment, and appliance devices in
households and businesses. Such wastes may include, but are not limited to,
computers and accessories, fax machines, televisions, radios, stereos, DVD & VCR
Solid Waste Regulation Bylaw No. 2018-018
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players, telephones, answering machines, uninterruptible power supplies, and
microwaves.
"Extended Producer Responsibility Program" means any program, operated
under the BC Recycling Regulation, under the Environmental Management Act,
which impose responsibility for management of end-of-life products and their
packaging on the manufacturer or producer of those products, which include but are
not limited to:
- Beverage Containers;
- Electronic Waste;
- Lead-Acid Batteries;
- Lubricating Oil, Containers, and Filters;
- Medications;
- Paint;
- Paper and Packaging (residential);
- Solvents/Flammable Liquids, Gasoline, and Pesticides; and
- Tires.
"Fees and Charges Bylaw" means the District of Summerland Fees and Charges
Bylaw as amended from time to time.
"Fiberglass" means fiberglass trimmings, cuttings, moulds or structures including
boat hulls.
"Food Processing Waste" means any organic waste and/or waste by-product that
may be produced from a commercial food processing operation, and that is
unsuitable for composting within existing programs.
Bylaw No. 2024-002 added the definition of 'food waste':
"Food Waste" means food materials and food soiled paper products free of
Contaminates such as garbage and plastics but may be mixed with Yard and
Garden Waste.
Bylaw No. 2024-002 added the definition of 'fruit waste, byproducts fruit grain':
"Fruit Waste, Byproducts Fruit Grain" means fruit culled from an agricultural
operation or compostable fruit or grain by-products typically generated by
beverage producers, such as but not limited to; breweries, cideries, distilleries,
and wineries which is free of Contaminates (see Controlled Waste)."
"Garbage" means Refuse.
"Glass" means any food container made of silica glass including jars and bottles
but does not include light bulbs, optical lenses, window glass, windshield glass,
Solid Waste Regulation Bylaw No. 2018-018
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mirrors, china, cook-ware, dishes, drinking glasses, or refundable beverage
containers.
"Halogenated Organic Compound" means an organic chemical compound with
covalently bonded halogen atoms, and includes PCBs, Dioxins and DDT.
"Hazardous Waste" has the meaning prescribed in the Hazardous Waste
Regulation (see Controlled Waste and see Prohibited Waste) and any Solid Waste
which, because of its inherent nature and quantity requires special Disposal
techniques to avoid creating health hazards, nuisances or environmental pollution,
and includes, but is not limited to, toxins or poisons, corrosives, irritants, strong
sensitizers, flammables (excluding plastics, paper, paper products and the like),
explosives, and infectious wastes.
"Household Hazardous Waste (HHW)" has the meaning prescribed in the
Hazardous Waste Regulation.
"ICI" means industrial, commercial or Institutional.
"Ignitable" has the meaning prescribed in the Hazardous Waste Regulation.
"Infested Vegetation" means trees, shrubs, herbaceous plants or associated fruit
that show the presence of Plant Disease, Invasive Plants, Noxious Insects, Noxious
Weeds, pathogens or pests that have caused or are likely to cause significant
damage to the trees, shrubs, herbaceous plants or associated fruit and that may be
spread to another plant (see Controlled Waste).
"Institutional" means pertaining to enterprises such as social, charitable,
educational, health, and government services.
"Institutional Solid Waste" means Solid Waste materials discarded from
institutional enterprises such as social, charitable, educational and government
services.
"Invasive Plant" means any plant as designated in the Weed Control Regulation,
Schedule A, Parts I & II of the Weed Control Act (see Controlled Waste).
"Kraft Bag" means a reinforced paper bag for Curbside Yard and Garden Waste
with volume capacity of 113.5 L (30 USgal) or less.
"Land Clearing Waste" means all earth, debris, rocks, trees, stumps and anything
else originating from clearing property and landscaping or outdoor renovation
activities.
"Landfill" means the Summerland Sanitary Landfill and Recycling Depot, located at
Solid Waste Regulation Bylaw No. 2018-018
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17202 Bathville Road, Lot Plan B4629 DL 3756 and Lot A Plan 22447 DL 3756.
"Landfill Official" means a Person contracted by or employed by the District to
provide operation and maintenance services at the Site, including but not limited to
conducting the business of the Site and inspecting, sorting, hauling, compacting and
covering Solid Waste.
"Lead Acid Battery" means an electro-chemical cell contained in a plastic case
consisting of lead and lead oxide plates and containing a mixture of acids, which is
used to supply an electric power source.
"Marketable" means capable of being disposed of through an existing Service Area
program or a commercial market.
"Mattress, Box Spring" means mattresses and box springs that contain metal
suspension components.
Bylaw No. 2024-002 deleted the definition of 'mixed load' in its entirety and replaced with the following
definition of 'mixed load':
"Mixed Load" means a load of Refuse for deposit at the Site containing two or
more of the waste categories, as designated in the District of Summerland Municipal
Fees and Charges Bylaw.
"Multi-Family Dwelling" means a single development consisting of five or more
Dwellings which share a common exterior access to the outside, or in which each
unit's primary entrance to the outdoors faces a private driveway, and could include:
- apartments;
- condominiums;
- townhouses;
- multiplexes; and
- others so deemed by the Director.
Where a Residential Dwelling Premise occurs on the same property as a Multi-
Family Dwelling, for the purposes of the Curbside Collection Program it may be
treated as a Multi-Family Dwelling.
"Non-Service Area Solid Waste" means any load that the Director, at his sole
discretion and estimation, deems to contain more than 3% by volume Solid Waste or
any other material of any kind whatsoever whose point of origin is located outside
the District of Summerland."
"Noxious Insect" including but not limited to, Codling moth (Cydia pomonella)
Western cherry fruit fly (Rhagoletis indifferens), Black cherry fruit fly (Rhagoletis
fausta), San Jose scale (Quadraspidiotus perniciosus), European fruit scale
Solid Waste Regulation Bylaw No. 2018-018
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(Quadraspidiotus ostreaeformis), Peach twig borer (Anarsia lineatella), Peach Tree
Boer (synanthedon exitiosa), Pear pyslla (Cacopsylla pyricola), Fruittree leafroller
(Archips argyrospilus), European leafroller (Archips rosanus), Obliquebanded
leafroller (Choristoneura rosaceana), Threelined leafroller (Pandemis limitata),
Apple-and-thorn skeletonizer (Choreutis pariana), Apple mealybug (Phenacoccus
aceris), Apple ermine moth (Yponomeuta malinella), Gypsy moth (Lymantria dispar),
Apple Maggot (Rhagoletis pomonella),Oriental fruit moth (Grapholitha molesta),
Cherry bark tortrix (Enarmonia formosana), Cherry ermine moth (Yponomeuta
padellus), Eyespotted budmoth (Spilonota ocellala), Vinegar Fruit Fly (Spotted wing
drosophila).
"Noxious Weed" means any weed designated within the Provincial and Regional
Noxious Weed lists of the Weed Control Act Regulation BC Reg. 66/85 including,
but not limited to, Annual Sow Thistle (Sonchus oleraceus), Canada Thistle (Cirsium
arvense), Common Crupina (Crupina vlugaris), Common Toadflax (Linaria vulgaris),
Dalmatian Toadflax (Linaria dalmatica), Diffuse Knapweed (Centaurea diffusa),
dodder (Cuscuta spp.), Gorse (Ulex europaeus), Hound's-tongue (Cynoglossum
officinale), Jointed Goatgrass (Aegliops cylindrical), Leafy Spurge (Euphorbia esula),
Perennial Sow Thistle (Sonchus arvensis), Purple Nutsedge (Cyperus rotundus),
Rush Skeletonweed (Chondrilla juncea), Scentless Chamomile (Matricaria
maritime), Spotted Knapweed (Centaurea maculosa), Tansy Ragwort (Senecio
jacobea), Velvetleaf (Abutilon theophrasti), Wild Oats (Avena fatua), Yellow
Nutsedge (Cyperus esculentus), Yellow Starthistle (Centaurea solstitialis), Blueweed
(Echium vulgare), Burdock (Arctium spp.), Puncturevine (Tribulus terrestris), and
Sulphur Cinquefoil (Potentilla recta).
"Occupier" means the Person residing in or using a Dwelling as its tenant.
"Oversize Tire" means assorted agricultural, industrial and OTR (Off the Road)
Tires, specifically Tires with tread codes C, E, G, L. IND & NHS as defined by Tire
Stewardship B.C., Schedule "A".
"Owner" has the same meaning as in the Land Title Act, for any lands and Parcels
situated within the Service Area and, for the purposes of this bylaw, includes
agents, the heirs, executors, administrators or any other legal representative.
"Ozone Depleting Substance (ODS)" means a substance as defined as such in
the Ozone Depleting Substances and other Halocarbons Regulation, British
Columbia Reg. 387/99 under the Environmental Management Act.
"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 it is subdivided, including strata lots and bare
land strata lots.
"Participant" means any Owner, Person, Occupier, or entity to which service is
Solid Waste Regulation Bylaw No. 2018-018
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provided under the Curbside Collection Program.
"Person" means an individual, company, corporation, association, partnership or
party, and the heirs, executors, administrators, or any other legal representative or
agent thereof.
"Plant Disease" means a condition that exists in a plant or seed as the result of the
action of virus, fungus, bacterium, or any other similar or allied organism and that
injures or may injure the plant or any part thereof, and that may be spread to
another plant or plants with economic, oranamental or aesthetic value, including, but
not limited to Apple Scab (Venturia inaequalis), Anthracnose or Perennial Canker
(Cryptosporiopsis curvispora; C. perennans), Bacterial Canker (Pseudomonas
syringae pv. Syringae; P. syringae pv. Morsprunorum), Blister spot (Pseudomonas
syringae ipv. Papulans), Brown Rot (Monilinia fructicola), Coryneum Blight
(Wilsonomyces carpophilus), Crown Gall, Root Gall and Hairy Root (Agrobacterium
tumefaciens), Crown Rot (Phytopthora cactorum), Cytospora Canker (Leucostoma
cincta), European Canker (Nectria galligena), Fire Blight (Erwinia amylovora), Little
Cherry Virus, Powdery Mildew (Podosphaera leucotricha; P. clandestine;
Sphaerotheca pannosa), Peach Leaf Curl (Taphrina deformans), and Verticillium wilt
(Verticillium dahlia).
"Preserved Wood" means wood products which have been treated with
preservatives such as chromated copper arsenate (CCA), aromatic hydrocarbons
(PAHs), and ammonium copper arsenate (ACA) to prevent rotting.
"Processed Organic" means Wood Waste or Yard and Garden Waste that has
been chipped to less than 50 mm (2 inches) in any dimension.
"Prohibited Waste" means Solid Waste designated in an Operational Certificate or
by the District from time to time, to be inappropriate for Disposal for environmental,
regulatory or legal reasons, or reasons related to the safe or efficient operation of
the Site except as permitted in this bylaw, currently including but not limited to the
following specified materials:
(a) Biomedical Waste defined as such in the document "Guidelines for the
Management of Biomedical Waste in Canada" (CCME, February 1992);
(b) Ashes that are hot or smouldering or not entirely cooled for more than a two-
week period;
(c) Burned Materials that are hot or smouldering or not entirely cooled for more
than a two-week period;
(d) Clinical/Laboratory Sterilized Waste;
(e) Hazardous Waste other than those specifically approved for Disposal to the
Site
(f) Empty waste containers unless they are crushed, shredded or similarly
reduced in volume to the maximum practical extent;
(g) Food Processing Waste;
Solid Waste Regulation Bylaw No. 2018-018
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(h) Ignitable Waste;
(i) Liquid or semi-Solid Wastes;
(j) Radioactive Waste;
(k) Reactive Waste;
(l) Sharps;
(m)Special waste, excluding waste asbestos and those specifically authorized in
the Hazardous Waste Regulation;
(n) Specified Risk Material regulated federally under the Health of Animals Act
and Regulations;
(o) Vehicles and other large metallic objects; and
(p) Such other materials as are designated by the Director from time to time to
be inappropriate for Disposal at the Site for environmental reasons or
reasons related to the safe or efficient operation of the Site.
"Propane Tank" means a refillable or non-refillable metal container rated at a
capacity of less than 46kg (100lb), which is used to contain liquefied petroleum
gases used as fuel.
"Pruning" means any hedge clipping and shrub and tree branch that is less than
12.5 millimetres (1/2 inch) in diameter.
"Radioactive Waste" has the meaning prescribed in the Hazardous Waste
Regulation.
"Reactive" has the meaning prescribed in the Hazardous Waste Regulation.
"Recyclable Gypsum Board and Wallboard" means construction off-cuts and
scraps of gypsum board or wallboard, and used gypsum board or wallboard that is
uncontaminated by materials other than paint or wallpaper and removed during
renovation or deconstruction.
"Recyclable Material" means any material recognized and accepted for recycling
at the Site or approved Recycling Depot including but not limited to:
- Corrugated Cardboard;
- Glass;
- Mixed paper;
- Newsprint;
- Box board;
- Scrap Metal;
- White Goods;
- Propane Tanks;
- Lead acid batteries;
- Tires;
- Clean soil;
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- Recyclable gypsum board and wallboard;
- Refundable beverage containers;
- Compostable Waste;
- E-waste;
- Asphalt shingles; and
- Concrete, asphalt and masonry.
.
"Recyclable Metal" means any item composed of metal or composed of at least
70% metal, by volume.
"Recyclable Plastic" means all plastic items over the size of four (4) inches
including household plastic containers, plastic film, shopping bags, shrink wrap,
bubble wrap, and clear or blue bags, but does not include Styrofoam, items over 60
cm in their largest dimension, items having plastics from different resin bases joined
together, items having plastic fused to another material, containers originally holding
substances considered to be Hazardous Waste when disposed, and containers
whose recycling costs are already accommodated by existing Extended Producer
Responsibility Programs.
"Recycling Depot" means a facility for the receiving, collection, sorting and
temporary storage of Recyclable Materials.
"Refrigeration Units" means refrigerators, freezers, air conditioners or any other
item that may contain an Ozone Depleting Substance.
"Refuse" means Solid Waste designated for deposit at the Site, other than Yard
and Garden Waste, Recyclable Material, Bulky Waste, Hazardous Waste,
Controlled Waste, Prohibited Waste, DLC Waste, DRC Waste, livestock/farm animal
or human feces, items included in Extended Producer Responsibility Programs, and
other items which the Director considers hazardous or unacceptable.
"Remediable Soil" means contaminated soil containing substances in quantities or
concentrations greater than those prescribed in Column III of Schedules 4 & 5 to the
Contaminated Sites Regulation but proven to the District of Summerland.
"Renderable Product" means dead animals, animal parts and animal by-products
accepted for rendering or recycling into other products (e.g., dog food) at any
approved animal bone, meat, and fat rendering facility, that were generated at such
establishments as slaughter houses, butcheries, retail and wholesale stores, farms,
and veterinary clinics.
"Residential Dwelling Premise" means a Dwelling with individual main
access to and from the outdoors, which includes:
- detached homes;
Solid Waste Regulation Bylaw No. 2018-018
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- Dwellings with secondary suites;
- duplexes, triplexes, or four-plexes;
- strata-titled sites;
- townhouses;
- manufactured homes;
- mobile homes;
- individually serviced units of apartments or condominiums; or
- others deemed by the Director.
"Residential Solid Waste" means Refuse discarded from Residential Dwelling
Premises and Multi-Family Dwellings.
Bylaw No. 2024-002 added the definition of 'rocks':
"Rocks" means rocks larger than 40 centimetres (16 inches) in any direction
and dry and free of organics (brush, roots, logs and branches) and debris such
as garbage."
"Scale" means the calibrated measuring instrument that weighs materials coming
and going to or from the Site.
"Scale Operator" means the contractor or a representative of who conducts the
daily Scale Operations and provides Site Supervision to the public.
"Scrap Metal" means recyclable ferrous and non-ferrous metallic materials,
including but not limited to, metal food containers, sheet metal, siding, roofing, rebar,
flashings, pipes, window frames, doors, furnaces, duct work, wire, cable, bathtubs,
fencing, bicycle frames, automotive body parts, machinery, metal furniture, tire rims
and White Goods.
"Septage Waste" means liquid waste including:
- Pumpings from parking lot drainage sumps
- Pumpings from domestic septic tanks
- Pumpings from laundry lint traps
- Pumpings from sumps which collect runoff from motor vehicle washing
facilities containing oil separation units only, but not from facilities used for
maintenance or lubrication of automobile components or where solvents or
sandblasting are employed for removal of paint, grease, or oil, and
- Water containing soil, sand, gravel, or non-hazardous solids
"Service Area" means the geographic area to be serviced by the Site, as
established by the "Regional District Okanagan Similkameen Solid Waste
Management Plan".
Solid Waste Regulation Bylaw No. 2018-018
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"Sharps" means clinical and laboratory materials consisting of needles, syringes,
blades or laboratory glass.
"Site" means the Landfill.
"Site Operator" means the District, which is authorized and permitted to operate a
sanitary landfill by the Province of British Columbia with the authority to levy tipping
fee charges for disposal of solid waste to the landfill, and its duly authorized
representatives, including the employee or contractor responsible for Site and scale
house operations at the Site.
"Solid Waste" means any waste material defined by this bylaw suitable for
Disposal at the Site or through the Curbside Collection Program or through an
Extended Producer Responsibility Program.
"Source-Separated" means Solid Waste separated by a Person other than a
Landfill Official or Site Operator, by means of barriers or placement in containers
into clearly distinguishable accumulations of Refuse, Recyclable Waste,
Compostable Waste, Controlled Waste and authorized Prohibited Waste.
"Tag a Bag Label" means a tag that must be purchased for a fee through the
District and placed on all additional Participant (customer) supplied Containers used
for quantities of Curbside Residential Waste and Curbside Yard and Garden Waste
to be removed through the Curbside Collection Program that exceed the volume of
the District-supplied Carts being used by the Participant.
"Timber Waste" means Wood Waste generated from processing of harvested trees
by sawmills and the pulp and paper industry.
"Tire" means the outer pneumatic rubber covering of wheels including but not
limited to PLT (Passenger Light Truck), MT (Motor Truck) and large off-road tires.
Bylaw No. 2024-002 deleted the definition of 'tree stump' in its entirety and replaced with the following
definition of 'tree stump':
"Tree Stump" means non-agriculturally derived part of a tree, or shrub that remains
attached to the roots after the trunk is cut, whereby the trunk is greater than 20cm (8
inches) in diameter free of dirt, rocks or other foreign material adhering to the stump
that would interfere with grinding equipment.
"Vehicle" means, as per the British Columbia Vehicle Act, a device in, on or by
which a Person or thing is or may be transported or drawn on a highway, but does
not include a device designed to be moved by human power, a device used
exclusively on stationary rails or tracks, mobile equipment or a motor assisted cycle.
Solid Waste Regulation Bylaw No. 2018-018
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"Visitor" means an unauthorized Person who is present at the Site for purposes
other than to deposit Solid Waste.
"Waste Asbestos" has the meaning prescribed in the Hazardous Waste
Regulation.
"White Good" means any large metal consumer appliance such as a clothes
washer, dishwasher, clothes dryer, range, stove, hot water tank and Refrigeration
Unit, including those that contain ozone depleting substances.
"Wildlife Attractant" includes any and all food waste, offal, and accumulations of
discarded fruit.
"Wildlife Resistant Cart" means a wheeled Cart, that is resistant to tampering by
wildlife, suitable for automated collection of Curbside Residential Waste as part of
the Curbside Collection Program.
"Willful Damage" means the intentional and malicious destruction of or damage to
the property of the District (i.e., Carts) and of others, including the permanent
removal of that property from a Parcel.
Bylaw No. 2024-002 deleted the definition of 'wood waste' in its entirety and replaced with the following
definition of 'wood waste':
"Wood Waste" means clean, organic material including, but not necessarily
limited to:
-
Kiln dried dimensional lumber such as wood pallets, and demolition wood
waste;
-
Plywood;
-
Particle board; and
-
Pressed board or MDF (Medium Density Fibreboard).
"Yard and Garden Waste" means green waste including but not limited to:
- Flowers;
- Fruit and vegetable plant waste;
- Grass;
- Grass and hedge clippings;
- Leaves;
- Other woody or herbaceous plant waste;
- Plants;
- Prunings;
- Vegetable plant stalks;
- Weeds; and
- Windfall fruit;
Solid Waste Regulation Bylaw No. 2018-018
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But does not include:
- Biodegradable plastic;
- Cardboard;
- Excrement;
- Garbage;
- Ground cover cloth;
- Infested Vegetation;
- Invasive Plants;
- Kitchen waste;
- Land Clearing Waste;
- Liquids;
- Noxious Weeds;
- Soil or rocks; or
- Other unacceptable materials as identified by the Director.
Solid Waste Regulation Bylaw No. 2018-018
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2
SOLID WASTE MANAGEMENT
2.1 GENERAL SOLID WASTE PROHIBITIONS AND SITE REGULATIONS
2.1.1
No Person will:
(a)
litter, dump, or Dispose of Solid Waste contrary to the provisions of
this bylaw;
(b)
place Solid Waste, or allow Solid Waste to be placed, in such a way
that it is not contained;
(c)
place Solid Waste for collection with the Solid Waste of others or
place Solid Waste in containers owned or leased by others, unless
approved by the Director;
(d)
deposit Solid Waste that does not originate from within the Service
Area at any location within the Service Area unless approved by the
Director;
(e)
dispose of Garbage any place other than:
i.
a Container for collection of Curbside Residential Waste as part of
the Curbside Collection Program;
ii.
in another Container scheduled for collection and delivery of
Garbage to the Site; or
iii.
at the Site;
(f)
place any material other than Garbage in a Container designated for
Garbage;
(g)
dispose of Recyclable Material any place other than:
i.
an approved Curbside Recyclable Material Container for collection
as part of the Curbside Collection Program;
ii.
a Container scheduled for collection and delivery to a Recycling
Depot or sorting facility; or
iii.
a Recycling Depot; or
iv.
the Designated Location at the Site.
Bylaw No. 2024-002 deleted section 2.1.1(h) in its entirety and replaced with the following section 2.1.1(h):
(h)
Contaminate Recyclable Materials so as to make them non-
Recyclable or fail to sort into the applicable categories of Recyclable
Materials prior to deposit; or
(i)
dispose of Yard and Garden Waste, any place other than:
i.
an approved Yard and Garden Waste Container for collection as
part of the Curbside Collection Program;
Solid Waste Regulation Bylaw No. 2018-018
Page 20 of 37
ii.
a receptacle scheduled for collection and delivery to the Site or other
approved facility for composting;
iii.
the Designated Location at the Site;
iv.
on the property on which it was generated; or
v.
on another property with the permission of the Owner, for the
Owner's use.
Bylaw No. 2024-002 deleted section 2.1.1(j) in its entirety and replaced with the following section 2.1.1(j):
(j)
deposit Prohibited Waste at the Site unless the deposit of such waste
is specifically authorized by the District.
(k)
deposit Controlled Waste at the Site unless the Manager determines
that special handling and Disposal techniques are not required, or where
special handling and Disposal techniques are required, the Manager has
determined that the Controlled Waste can be disposed of safety at the
Site and has given written permission and directions for such Disposal
(see 4.2).
(l)
deposit contaminated soil without prior consent of the Manager. The
Manager may determine that quantities of contaminated soil that do not
exceed Special Waste are acceptable for deposit.
(m)
deposit any Garbage at the Site in a manner and in a location
contrary to the signage or written or verbal direction and designation of
the Scale House Operator, Landfill Official or Site Operator.
(n)
enter the Site or deposit any material at the Site at any time other than
the designated hours of operation, except by prior arrangement with the
District.
(o)
shall salvage or remove materials from the Site or from Curbside
Collection Program Material that has been put out for collection, without
approval from the Director
(p)
discharge any firearm at the Site, except as permitted under any
applicable enactment.
(q)
remove, alter, or deface any sign placed or erected at the Site.
(r)
ignite a fire, cause a fire to be ignited, or deposit at the Site materials
that are on fire, are smoldering or were recently on fire. All materials that
were recently on fire will require that the District receive (7) seven days
notification prior to deposit.
Solid Waste Regulation Bylaw No. 2018-018
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(s)
cause the release of an Ozone Depleting Substance at the Site.
(t)
remain at the Site for longer than is required to proceed directly to the
designated deposit area, unload and immediately leave the Site.
(u)
without authorization drive any motor vehicle on the Site except on
designated roads.
(v)
act in a manner contrary to any posted Site regulations.
(w)
act at the Site in a manner that is intolerant, impatient, intemperate,
discourteous, disruptive, threatening or willfully negligent.
Bylaw No. 2024-002 deleted section 2.1.1(x) in its entirety and replaced with the following section 2.1.1(x):
(x)
deposit any material at the Site without first having the material
checked by the Scale House Operator or Site Attendant and weighed on
the scale as required.
(y)
deposit any material at the Site except in accordance with this bylaw
and any regulations posted at the Site.
(z)
deposit ICI quantities of Corrugated Cardboard, Hazardous Waste or
E-Waste in depots established for these materials at the Site.
(aa)
deposit any material at the Site that does not originate from within the
Service Area, unless the Director approves otherwise.
2.1.2 All Solid Waste generated with the Service Area will be reused, recycled,
composted and disposed of in a manner and location that is approved by the
Ministry of Environment when such approval is required, and in compliance
with this Bylaw.
2.1.3 All material deposited at the Site will become the property of the District,
except where such material is deposited contrary to the provisions of this
Bylaw.
Bylaw No. 2024-002 deleted section 2.1.4 in its entirety and replaced with the following section 2.1.4:
2.1.4 Controlled Waste must be manifested as required by the District and by the
British Columbia Ministry of Environment. In addition, minimum twenty-four
(24) hour notice to the District for manifested materials and a verification
response in writing from the District required prior to deposit of Controlled
Waste at the Site.
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2.1.5 Any Person who contravenes these regulations or fails to comply with the
posted notices or signs at the Site or the verbal instructions of the Scale House
Operator, Landfill Official or Site Operator may be refused or prohibited re-
entry to the Site.
3 CURBSIDE COLLECTION PROGRAM
3.1.
PROGRAM OVERVIEW:
3.1.1. Every Participant within the Curbside Collection Program Service Area will
use the Curbside Collection Program established by the District pursuant to
this bylaw.
3.1.2. Supply, Changes and Replacement of Containers:
a)
The District will provide each Participant within the Curbside Collection
Program Service Area with the Base Cart Program.
b)
A Participant or their designate of a Residential Dwelling Premise may
request, in writing, a change to the Base Cart Program by completing the
Cart Change-Out Request Form. A Cart Change Administration Fee and
upsize fee, if applicable, will apply as set out in the most current Fees and
Charges Bylaw. The rates for such changes will be applied to the
Participant's utility bills. The Owner will not receive any reduction in the
Base Cart Program rates for Cart or service level reduction requests.
c)
An Owner or their designate of a Residential Dwelling Premise may
request in writing (by completing the Cart Change-Out Request Form)
to be issued a Wildlife Resistant Cart, when applicable, in exchange for
their District-supplied Cart for Curbside Residential Waste. In addition to
the Wildlife Resistant Cart Rental fee, a Cart Change Administration
Fee will apply as set out in the most current Fees and Charges Bylaw.
The fees for such changes will be applied to the Participant's next utility
bill.
d)
If a District-supplied Container incurs Willful Damage by a Participant, the
District will require the Participant, within 30 days of receipt of an invoice in
accordance with rates set out in the most current Fees and Charges
Bylaw, to reimburse the District for the costs of replacing the Container.
e)
The District will be responsible for the replacement of any District-supplied
Containers damaged or lost for any reason, other than due to Willful
Damage by a Participant, and for their repair as needed.
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3.1.3. Collection:
a)
The District, or a contractor acting on behalf of the District, will pick up all
Curbside Collection Program Material set out by Participants within the
Curbside Collection Program Service Area on the designated day of
collection, provided it conforms to the terms of this bylaw.
b)
Curbside Residential Waste, Curbside Recyclable Materials, and Curbside
Yard and Garden Waste collection will occur on a consistent day of the
week at a designated location at the edge of a road, street, or lane that is
immediately adjacent to the property or grounds surrounding a
Participant's Residential Dwelling Premises or Multi-Family Dwelling, or at
a location otherwise approved by the Director.
c)
The Curbside Collection Program collection day may be changed with the
prior approval of the Director.
d)
Unless exempted by the Director, all District-supplied Carts and Participant
(customer) supplied Containers must be placed on the day of collection at
the collection location no earlier than 5am and must be removed from the
collection location no later than 9pm.
e)
For Residential Dwelling Premises collection purposes, all Carts must be
placed at their collection location within one metre (3 feet) of the travelled
portion of the lane, or within one metre (3 feet) of the travelled portion of
the road, or within one metre (3 feet) of the back of the sidewalk (private
property side) as applicable, with the wheels positioned away from the
travelled portion of the lane/road/sidewalk and the arrow on the Cart lid
pointing towards the lane or road. Carts must also be placed at their
collection location one metre (3 feet) from one another or another obstacle
and with 3 metres (10 feet) of clearance above. Vehicles should not be
parked within 1.5 metres (5 feet) of the Cart.
f)
For Multi-Family Dwellings, all District-supplied Containers for Curbside
Recyclable Materials must be placed in a location that is accessible to the
collection Vehicle as approved by the Director.
Solid Waste Regulation Bylaw No. 2018-018
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g)
Where a Participant is physically disabled and unable to comply with
Sections 3.1.3. d) and/or e) and does not have an able-bodied Person
assisting with their household activities, the Participant may apply in
writing (by completing the Cart Service Level Change Application) to be
approved,
by
the
Director,
to
be
provided
with
reasonable
accommodations by the District, the details of which will be outlined in a
letter by the Director confirming approval of the service level change. The
application requires the applicant to have a qualified physician validate the
physical disability as either temporary or permanent. Approved service
level changes will remain valid until such time as the Director cancels
them, at his or her discretion.
h)
The District may suspend Curbside Collection Program service from
Parcels where the Containers, by location or design, are not practically
accessible for pickup or are contrary to the provisions of this bylaw; such
suspension will not waive any requirement, or abate or waive any fees or
charges, under the provisions of this bylaw.
i)
The District, or a contractor acting on behalf of the District, reserves the
right to refuse to remove all material that is not Curbside Collection
Program Material.
3.1.4. Materials:
a)
No Person will Dispose of any material through the Curbside Collection
Program that does not originate from within the Curbside Collection
Program Service Area.
b)
No Person will place any material other than Curbside Residential Waste
in a Curbside Residential Waste District-supplied Container or Curbside
Residential Waste Bag.
3.1.5. Cleanliness:
a)
No Person will place Curbside Collection Program Material, or allow
Curbside Collection Program Material to be placed, in such a way that it is
not contained within an approved Container or, where applicable, neatly
Bundled.
b)
All Curbside Residential Waste must be in a Curbside Residential Waste
Bag before being placed in any Container.
c)
Any canister used or intended to be used for the purpose of collecting and
conveying wet Curbside Residential Waste will be kept water-tight so as
to prevent the contents thereof from leaking or spilling.
Solid Waste Regulation Bylaw No. 2018-018
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d)
No liquids will be put in or be allowed to accumulate in any Container for
Curbside Collection Program material.
e)
All Containers must be secured in a manner to keep rain water, birds,
and other pests from entering the Container.
f)
All materials which might adhere to any Container must be separately
contained within individual disposable wrappings or canisters before
being placed in the Container.
g)
No Participant will cause or permit the contents of a Container, for
which he or she is responsible, to exceed the manufacturers weight
limit or to be overfilled such that the contents are not contained within
the Container when the lid is closed.
h)
Every Participant will clean up any of their Solid Waste which does not
remain within the Container or, where applicable, Bundle.
i)
Every Participant within the Curbside Collection Program Service Area will
maintain in sanitary and good condition, their District-supplied Carts, and
report all instances of damages or required repairs to the District.
3.1.6. Container Storage:
a)
All Containers will be kept on the Participant's Residential Dwelling Premises
or Multi-Family Dwelling premises at all times, and will be stored on ground
level, in a manner that will prevent wildlife attraction and will 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
b)
All Containers and any structure used as a cover for such items will at all
times be kept in good repair, clean and accessible for inspection by the
Director at all reasonable hours. When any Participant (customer) supplied
Container or structure has been condemned or declared to be unfit for the
purpose it was intended by the Director, the Participant or their designate
will immediately remove it and provide a suitable Container or structure in
substitution therefore.
3.1.7. Safety:
a)
Ashes must be entirely cooled for no less than a two-week period and will
be placed in their own Curbside Residential Waste Bag, separate from
other Curbside Residential Waste, prior to being placed in a Container for
Solid Waste Regulation Bylaw No. 2018-018
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collection. Ashes that are hot or smouldering or not entirely cooled for
more than a two-week period are deemed a Prohibited Waste.
b)
No Person will deposit for pick up by the Curbside Collection Program any:
i.
Hazardous Waste;
ii.
Ashes from incinerators;
iii.
barrels of any liquid wastes;
iv.
bulk chemical composition waste;
v.
animal cuttings;
vi.
wastes of oil, fuel or other equipment lubricant filters; or
vii.
any material that, on its own or when mixed with another
material, may pose risks to the health and/or safety of the
collection crews.
c)
No Participant 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 a Participant has been deemed negligent in this
regard the Director may require the Participant to secure their waste in
a Wildlife Resistant Cart.
d)
All Containers and Curbside Collection Program Materials must be set out
for collection in a way that will not injure Persons handling them.
Bylaw No. 2024-002 added section 3.1.7 e):
e)
Any Container containing any Wildlife Attractants may only be placed out
after 5 am on the designated day of collection for the Dwelling.
3.1.8. No Person will place Solid Waste for collection with the Curbside Collection
Program Solid Waste of other Persons or place Solid Waste in Containers of
other Persons.
3.2.
EXEMPTIONS:
3.2.1. A Participant may apply for an exemption from the Curbside Collection
Program by completing the Cart Service Level Change Application.
3.2.2. Applications for exemption from the Curbside Collection Program will only
be considered if the following requirements are satisfied:
a)
In the opinion of the Director, the collection service cannot reasonably
and practically be provided to that Residential Dwelling Premise or
Multi-Family Dwelling, by reason of inadequate access or otherwise; or,
Solid Waste Regulation Bylaw No. 2018-018
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b)
There is no habitable residence on the Parcel.
3.2.3. An exemption from the Curbside Collection Program continues until the
Director notifies the Participant of the Residential Dwelling Premise or Multi-
Family Dwelling that in his opinion the Residential Dwelling Premise or
Multi-Family Dwelling can reasonably and practically be provided with the
Curbside Collection Program or until the Residential Dwelling Premises or
Multi-Family Dwelling is occupied or an occupancy permit has been issued
or the Participant requests and is approved for service through the Curbside
Collection Program.
3.2.4. No exemptions from the Curbside Collection Program will be granted for a
term of less than three months.
3.3.
RESIDENTIAL DWELLING PREMISES:
3.3.1. Curbside Collection Program:
a)
Every Occupier or Owner of a Residential Dwelling Premise within the
Curbside Collection Program Service Area will participate in the collection
of Curbside Program Material in District-supplied Containers as part of the
Curbside Collection Program established by the District pursuant to this
bylaw and will pay the rates and fees set out in the most current Fees and
Charges Bylaw.
3.3.2. Curbside Collection Program Material must not be compressed into
Containers in a manner that will inhibit the material from falling freely into a
collection vehicle during the regular tipping process.
3.3.3. Containers exceeding their respective volume capacity or weight outlined
in this bylaw will not be collected.
3.3.4. Excess Curbside Residential Waste or Curbside Yard and Garden Waste that
cannot be contained within the District-supplied Cart with the lid closed may be
placed alongside their respective Carts at the curb for collection subject to the
following conditions:
a)
Each Participant (customer) supplied Container will be tagged with a
valid Tag a Bag Label;
b)
Any Participant (customer) supplied Container that does not have a
valid Tag a Bag Label affixed to it will not be collected;
Solid Waste Regulation Bylaw No. 2018-018
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c)
A charge in accordance with the rates set out in the most current Fees
and Charges Bylaw will be collected at the time of purchase of the Tag
a Bag Label.
3.3.5. Tag a Bag Labels may be purchased through the District.
3.3.6. Curbside Residential Waste:
Bylaw No. 2024-002 deleted section 3.3.6 a) in its entirety and replaced with the following section 3.3.6 a):
a)
Curbside Residential Waste collection services will be provided to all
Residential Dwelling Premises within the Curbside Collection Program
Service Area as nearly as possible once every two weeks or at such
other times as the Director may determine from time to time.
b)
Containers for Curbside Residential Waste containing non-Curbside
Residential Waste, such as Curbside Recyclable Material, Yard and
Garden Waste, Contaminants or materials otherwise contrary to the
provisions of this bylaw will not be collected.
c)
For Residential Dwelling Premises, Curbside Residential Waste will be
placed for collection in a Curbside Residential Waste District-supplied
Container and Curbside Residential Waste Bags affixed with a valid Tag a
Bag Label.
3.3.7. Curbside Recyclable Material:
a)
Curbside Recyclable Material collection services will be provided to all
Residential Dwelling Premises within the Curbside Collection Program
Service Area as nearly as possible once every two weeks or at such
other times as the Director may determine from time to time.
b)
Carts for Curbside Recyclable Material containing non-Curbside
Recyclable Material, such as Curbside Residential Waste, Yard and
Garden Waste, Contaminants or materials otherwise contrary to the
provisions of this bylaw will not be collected.
c)
All Curbside Recyclable Materials placed in a District-supplied Cart for
Curbside Recyclable Materials are to be placed in loosely. Any bagging
or bundling of Curbside Recyclable Materials is not permitted, with the
exception of shredded paper which must be contained in a transparent
or blue-tinted plastic bag with a maximum capacity of ninety-five (95) litres.
d)
All Curbside Recyclable Materials must be cleaned of any residues (such
as food waste, liquids, gels, creams, etc.) prior to placement in a
Solid Waste Regulation Bylaw No. 2018-018
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Container for collection. If the residue is not able to be removed (such as
heavy soiling of food or oil residue in a pizza box) then the material is
Contaminated and is Curbside Residential Waste, not Curbside
Recyclable Material.
3.3.8. Curbside Yard and Garden Waste:
Bylaw No. 2024-002 deleted section 3.3.8 a) in its entirety and replaced with the following section 3.3.8 a):
a)
Curbside Yard and Garden Waste collection services will be provided
to all Residential Dwelling Premises within the Curbside Collection
Program Service Area as nearly as possible to once every week or at
such other times as the Director may determine from time to time.
b)
A Participant or their designate of a Residential Dwelling Premise may
request, in writing, to opt out of the Curbside Yard and Garden Waste
collection services (by completing the Cart Change-Out Request Form). A
Cart Change Administration Fee will apply as set out in the most current
Fees and Charges Bylaw. The rates for such change will be applied to the
utility bills. The Participant will not receive any reduction in the Base Cart
Program rates for Cart or service level reduction requests.
c)
For Residential Dwelling Premises, Curbside Yard and Garden Waste will
be placed for collection in a Curbside Yard and Garden District-supplied
Cart and Curbside Yard and Garden Waste Container affixed with a valid
Tag a Bag Label.
Bylaw No. 2024-002 added section 3.3.8 d) in its entirety and reorganized the section in alphabetical
order:
d)
Residential Food Waste may be placed in Containers for Curbside Yard
and Garden Waste but Food Waste from ICI sources may not be included.
e)
Containers for Curbside Yard and Garden Waste containing non-Curbside
Yard and Garden Waste, such as Curbside Residential Waste, Recyclable
Material, Contaminants or materials otherwise contrary to the provisions of
this bylaw will not be collected.
f)
All Curbside Yard and Garden Waste materials are to be placed loosely
in the Curbside Yard and Garden Waste Container or Bundled neatly
with twine or string.
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3.4.
MULTI FAMILY DWELLING:
3.4.1. Occupiers or Owners of Multi-Family Dwellings within the Curbside
Collection Program Service Area must participate in the Curbside Collection
Program.
3.4.2. Curbside Recyclable Material collection services will be provided to all
Multi-Family Dwellings within the Curbside Collection Program Service Area
as nearly as possible to once every two weeks or at such other times as the
Director may determine from time to time.
3.4.3. Participants or their designate, of a Multi-Family Dwelling will coordinate
with the District and the contractor, acting on behalf of the District for the
Curbside Collection Program, to ensure a suitable method of collection is in
place for all Curbside Recyclable Materials being collected as part of the
Curbside Collection Program. The Director will determine what type of
Container is provided for use within the Curbside Collection Program for
Multi-Family Dwellings.
3.4.4. Occupiers or Owners or their designate, of Multi-Family Dwellings within
the Curbside Collection Program Service Area will make their own
arrangements for the removal of Curbside Residential Waste and Yard and
Garden Waste.
3.4.5. Containers for Curbside Recyclable Material containing non-Curbside
Recyclable Material, such as Curbside Residential Waste, Yard and Garden
Waste, Contaminants or materials otherwise contrary to the provisions of this
bylaw will not be collected.
3.4.6. All Curbside Recyclable Materials must be cleaned of any residues (such
as food waste, liquids, gels, creams, etc.) prior to placement in a Container
for collection. If the residue is not able to be removed (such as heavy soiling
of food or oil residue in a pizza box) then the material is Contaminated and
is Curbside Residential Waste, not Curbside Recyclable Material.
3.4.7. All Multi-Family Dwellings with a Bin for collection of Curbside Recyclable
Materials are to first place their Curbside Recyclable Materials in a Blue Bag
before placing them in the Bin.
3.4.8. All Multi-Family Dwellings with a District-supplied Cart for Curbside Recyclable
Materials are to place the materials in loosely. Any bagging or bundling of
Curbside Recyclable Materials is not permitted, with the exception of shredded
paper which must be contained in a transparent or blue-tinted plastic bag with
a maximum capacity of ninety-five (95) litres.
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4
SANITARY LANDFILL AND RECYCLING DEPOTS
Bylaw No. 2024-002 deleted section 4.1 in its entirety and re-numbered the proceeding sections in
numerical order.
4.1. SITE SAFETY
4.1.1.
The District accepts no responsibility or liability for damage or injury to person
or to property occurring on the Site property.
4.1.2.
Any Person entering the Site does so at his or her own risk.
4.1.3.
Children under sixteen years will remain under the supervision of an adult at
all times while at the Site, and may be requested to remain inside a Vehicle for
safety reasons.
4.1.4.
No Person will:
(a) Allow a pet outside of a motor Vehicle at any time while at the Site;
(b) Smoke within the boundaries of the Site; or
(c) Drive a motor Vehicle in excess of posted speed limits while at the Site.
4.2. SECURE LOAD REQUIREMENTS
4.2.1
Motor Vehicles entering the Site will have their loads adequately covered and
secured to prevent materials from blowing, bouncing or falling off the Vehicle
while in transit according to the following criteria:
(a)
an adequate cover is a tarpaulin, other overlay, or Container that is
used to confine the material to the Vehicle; or all materials must be
contained within intact secured closed garbage bags or Containers.
(b)
the cover and/or Container must be securely and tightly fastened so
that it is not, and cannot become, a hazard.
(c)
Bulky Waste, White Goods and Tree Stumps will be securely chained
or strapped to flat beds or truck boxes as required by section.
Bylaw No. 2024-002 deleted section 4.4 in its entirety.
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5.
FEES AND CHARGES
5.1.
FEES, CHARGES AND RATES
5.1.1.
Every Person Disposing of Solid Waste at the Site or as part of the Curbside
Collection Program will pay the rates and fees set out in the Fees and Charges
Bylaw as amended from time to time.
5.1.2.
On approval of the Director, such rates and fees may be reduced or waived
where the particular item to be Disposed of can be demonstrated to be of benefit to
the operations of the Site.
5.1.3.
Every Person Disposing of Controlled Waste or authorized Prohibited Waste
to the Site will pay the applicable fee set out in the most current Fees and Charges
Bylaw. The fees set out in the most current Fees and Charges Bylaw in respect of
Controlled Waste or authorized Prohibited Waste are applicable regardless of
whether the waste requires special handling and Disposal.
5.1.4.
Any fee that must be paid pursuant to this bylaw will be paid by cash or
cheque to the Landfill Official at the Scale upon leaving the Site. The Landfill Official
will not accept as payment for assessed fees cash in the form of bills of a fifty-dollar
denomination ($50.00) or greater where the change is greater than twenty dollars
($20.00). Payment by credit and/or debit card may also be accepted if such payment
options are available at the Site.
5.1.5.
The Director of Finance is empowered to adjust any errors in Solid Waste or
Curbside Collection Program charges which are brought or come to their attention.
5.1.6.
No complaint of an error in any charge for Solid Waste or Curbside Collection
Program charges will be considered and no adjustment of any such error will be
made after a period of six (6) months has elapsed since the end of the period for
which such Solid Waste or Curbside Collection Program charges were made. After
the termination of this period all such Solid Waste or Curbside Collection Program
charges will be determined to have been properly and correctly made.
5.1.7.
In the event of District, or a contractor acting on behalf of the District, failure
of pick up or stoppage, of the Curbside Collection Program for more than three
consecutive weeks, a pro-rated reduction will be made on all fixed rates in the
Curbside Collection Program.
5.1.8.
For the convenience of the Owner of the real property, the common form
billing for user rates may be directed to a tenant.
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5.1.9.
All periodic billings will be due and payable at the close of business on the
20th day after the billing date as shown on the bill or invoice. Payments made at a
financial institution must be made in sufficient time for the funds to be deposited to
the account of the District prior to the close of business on the 20th day after the
billing date. All billings and invoices not paid in full within 75 days of issuance will
become "in arrears" and once designated as such, all amounts owing must be paid
in full immediately to avoid termination of service. A notice of arrears will be sent to
the Owner of the real property as well any tenant who receives the billing form.
5.1.10. The District reserves the right to discontinue a Participant's Curbside
Collection Program service, if the Person has outstanding utility accounts from that
location or from a previous location within the Curbside Collection Program
Service Area.
5.1.11. Suspension of a Participant's Curbside Collection Program service will not
waive any requirement, or abate or waive any charges or rates under the provision
of this bylaw
6.
OFFENCES AND PENALTIES
6.1.
OFFENCES AND PENALTIES
6.1.1.
No Person will carry out, suffer, or permit any act or thing to be done in
contravention of this bylaw.
6.1.2.
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, will be deemed to have committed an offence against this
bylaw and:
a)
Will be liable to a fine set out in the most current District of Summerland
Municipal Ticket Information Bylaw; or
b)
Will be liable, upon summary conviction, to the penalties provided under
the Offence Act; and
c)
May be prohibited from entering and Disposing of Solid Waste at the Site
or through the Curbside Collection Program; or
d)
Any combination of the above.
6.1.3.
Each day that an offence against this bylaw continues will be deemed a
separate and distinct offence.
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6.1.4.
Any penalty imposed pursuant to this bylaw will be in addition to, and not in
substitution for, any other penalty or remedy imposed pursuant to any other
applicable statute, law or legislation.
7.
LIABILITY
7.1
Nothing contained in this bylaw will be construed to impose any liability on the
District to provide Solid Waste Management services to any Person or
property or to provide a continuous supply of Solid Waste Management
services of any particular quantity or quality.
7.2
The District accepts no responsibility or liability for damage or injury to any
Person or property.
7.3
Each Person entering the Site does so solely at their own risk and, as a
condition of entry to the Site waives all claims against the District and
releases the District from any and all liability and claims for all injury, death,
loss, damage and expense of any kind that the Person or any other Person
may suffer as a result of or in connection with the Person's use of the Site
due to any cause whatsoever, including but not limited to negligence,
breach of contract, breach of any statutory duty or duty of care on the part
of any of the District and also including the failure on the part of the District
to safeguard or protect any Person from the risks, dangers and hazards
associated with the use of the Site.
8. INDEMNITY
8.1
In consideration of the District providing Solid Waste Management services, any
Person using these services agrees to indemnify and save harmless, the District,
its Council, officials, employees, agents, successors, and assigns from all loss,
damage, cost, actions, suits, debts, accounts, claims, and demands which the
District or any of its Council, officials, employees, agents, successors, and assigns
may suffer or incur or be put to arising out of or in connection with the Solid Waste
Management services or subsequent use thereof.
8.2
Any Person using Solid Waste management services covenants and agrees to
indemnify and save harmless the District, its Council, officials, employees, agents,
successors, and assigns from and against all actions, proceedings, costs, damages,
expenses, claims and demands whatsoever and by whomever brought or made
against the District, its Council, officials, employees, agents, successors, and
assigns resulting directly or indirectly from, including but not limited to conducting
the business of the Curbside Collection Program and of the Site and inspecting,
sorting, hauling, compacting and covering Solid Waste.
9.
GENERAL
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9.1. INTREPRETATION
9.1.1 Enactments
(a)
Any act or enactment referred to in this bylaw is a reference to an
enactment of British Columbia or Canada, as the case may be, and
regulations thereto, as amended, revised, consolidated, or replaced from
time to time.
(b)
Any bylaw referred to in this bylaw (as may be cited by short title or
otherwise) is a reference to an enactment of the Council of the District of
Summerland, as amended, revised, consolidated, or replaced from time to
time.
9.1.2.
Italicization
(a)
An Italicized work indicates that is a definition as defined in this bylaw.
9.1.2.
Headings
(a)
The headings contained in this bylaw are for convenience of reference.
The headings do not form part of this bylaw and will not be used in its
interpretation.
9.1.3.
Severability
(a)
If any section, subsection, sentence, clause, or phrase of this bylaw is
deemed to be invalid by the decision of any court of competent jurisdiction,
the invalid portion will be severed and the decision that it is invalid will not
affect the validity of the remainder of the bylaw.
9.1.4.
Context
(a)
Wherever the masculine is used throughout this bylaw, it will also mean
the feminine, and wherever the singular is used throughout this bylaw, it
will also mean the plural.
(b)
Words or phrases defined in the British Columbia Interpretation Act,
Community Charter, or Local Government Act or any successor legislation
will have the same meaning when used in this bylaw, unless otherwise
defined in this bylaw. Unless otherwise stated, and notwithstanding the
case used (upper case or lower case), when words or phrases that are
defined in Section 1.2 of this bylaw are used in the body or schedules of
this bylaw, they have the meaning ascribed to them as set out in Section
1.2.
9.1.5. Metric units
(a)
Metric units are used for all measurements in this bylaw. The approximate
equivalent of the metric units, in imperial or US measure, are shown in
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brackets and are included for convenience only and do not form part of this
bylaw.
9.2 APPROVALS
9.2.1 Any approvals required by the Director in accordance with this bylaw will be in
writing.
9.3 NO LIMITATION
9.3.1 Nothing in this bylaw will limit the District of Summerland from utilizing any other
remedy that would otherwise be available to the District of Summerland at law.
9.3.2 Nothing in this bylaw will relieve any Person from complying with the provisions
of any other bylaw of the District of Summerland.
9.3.3 In the event there is more than one possible access for the collection of
Curbside Collection Program Materials as provided in this bylaw, the Director will
determine the location of collection.
9.3.4 Upon providing the Participant with 24 hour notice, the Director is authorized to
enter, at all reasonable times and in a reasonable manner, any Parcel or Dwelling
for the purposes of providing services contemplated under this bylaw and for
ascertaining whether the provisions of this bylaw are being complied with.
9.3.5 It will be unlawful for any Person to prevent, obstruct or seek to attempt to
prevent or obstruct the Director from carrying out his duties under this section.
9.4 SEVERENCE
9.4.1.
If a section, subsection, sentence, clause or phrase of this bylaw is for any
reason held to be invalid by the decision of a Court of competent jurisdiction, it
will be severed and such decision will not affect the validity of the remaining
portions of this bylaw.
9.5 REPEAL
9.5.1.
District of Summerland Solid Waste Management Regulation Bylaw Number
2000-309 and all amendments thereto, are hereby repealed.
Read a first time this 9th day of July, 2018.
Read a second time this 9th day of July, 2018.
Solid Waste Regulation Bylaw No. 2018-018
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Read a third time this this 9th day of July, 2018.
Adopted by Municipal Council this 11th day of July, 2018.
___________________________________
Mayor
___________________________________
Corporate Officer