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CITY OF TERRACE
BYLAW NO. 2130 - 2017
"A BYLAW OF THE CITY OF TERRACE TO ESTABLISH AND MAINTAIN
A SYSTEM FOR COLLECTION AND DISPOSAL OF SOLID WASTE"
WHEREAS a Council may, in accordance with the Community Charter, exercise its
authority in relation to the use of waste disposal and recycling services, and impose
fees and charges thereto:
NOW THEREFORE the Municipal Council of the City of Terrace in an open meeting
assembled hereby enacts as follows:
1. DEFINITIONS:
"Bag Tag" shall mean the garbage tag sticker sold by the City of Terrace which
is to be affixed to garbage bags which are exceeding the allowable limit.
"CAO" shall mean the Chief Administrative Officer of the City of Terrace, or the
authorized representative.
"Cart" shall mean a wheeled receptacle, provided by the City of Terrace,
compatible for use with automated and semi-automated collection vehicles.
"City" shall mean the City of Terrace.
"Commercial" shall mean businesses and institutional facilities, including
educational and health care facilities, classified as commercial premises by the
North American Industry Classification System, Canada 2012, as amended or
replaced.
"Health Professional" shall mean a Physician, Nurse Practitioner, Enterostomal
Therapy Registered Nurse, or Primary Care Nurse responsible for home care.
"Multi-Family" shall mean a multi-family building development, or trailer park
containing six or more dwelling units for residential use which has its principal
vehicle access from an entrance common to the dwellings.
"Organics" shall mean vegetative matter, food processing waste, cooked or
raw meat, fish, bones, garden waste, kitchen scraps and other organic wastes
that can be composted, and includes food, tissues, paper towels, food soiled
paper, waxed cardboard, leaves, grass, small twigs, chipped tree waste, tree
branches less than 75 mm (3 inches) in diameter, and compostable structural
wood waste.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
"Owner" shall mean the person registered on the current British Columbia
Assessment Roll.
"Prohibited Waste" shall mean waste that is not acceptable for collection and
shall include, but not be limited to, waste oil, batteries, and any waste
classified as "special wastes" by the Environmental Management Act (2004).
"Recycle BC" shall mean the non-profit organization responsible for
residential packaging and printed paper in British Columbia.
"Recycling" shall mean printed paper and packaging materials as defined by
Recycle BC as acceptable for curbside single stream collection.
"Refuse" shall mean garbage, discarded material and matter, not including
Organics, Yard Waste, or Recycling.
"Residential Unit" shall mean any single family detached dwelling, suite, each
dwelling unit of a duplex, triplex, quadraplex, or each unit of a building
development containing less than 6 units, each served by an independent
access.
"Restricted Waste" shall mean materials designated by the CAO as banned or
otherwise controlled.
"Solid Waste" shall mean Refuse, Yard Waste, Organics, and Recycling as
defined in this bylaw, but not including RESTRICTED WASTE, PROHIBITED
WASTE and SPECIAL WASTE.
"Special Waste" includes hazardous wastes, explosives, herbicides,
pesticides, poisons, waste oils or liquids, biomedical waste and all wastes
defined under the special waste regulations of the Environmental
Management Act (2004).
"Waste Container" shall mean any Refuse, Recycling, or Organics Cart, bag or
receptacle.
"Yard Waste" shall mean leaves, lawn clippings, garden trimmings, flowers,
weeds, and small branches less than 12 mm (1/2 inch) in diameter and less than
1 metre (3 feet) in length.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
2. CENTRAL CONTROL:
(1)
Except as in this Bylaw provided, all persons within the City shall make
use of the system established and provided by the City for the disposal
of Residential Solid Waste.
(2)
Only the City may establish and maintain a system for the collection of
Residential Refuse, Recycling, Organics, and Yard Waste within the City.
(3)
All Organics, Yard Waste, and Refuse, or other waste, collected by the
City shall become the property of the City and may be sold or otherwise
disposed of as the CAO may direct. Residential Recycling shall become
the property of Recycle BC for processing and marketing.
(4)
The owner of any building or premises, within the City, who is not the
occupant thereof, shall be guilty of an offence against this Bylaw where
the occupant has contravened any requirement of this Bylaw.
(5)
Commercial and Multi-Family Solid Waste shall not be collected by the
City. Residential suites located within Commercial premises may, at the
owner's request, be serviced by the City's residential collection service at
the discretion of the CAO.
3.
LITTERING:
(1)
No person shall throw, sweep, or place waste of any kind on to any land,
street, walkway, sidewalk, or any public place in the City.
(2)
Every person shall take due precautions to ensure that no refuse of any
kind drops from or is blown from any vehicle or property on to any other
land, street, walkway, sidewalk, or public place in the City.
4.
RESIDENTIAL COLLECTION CARTS:
(1)
Each eligible Residential Unit shall be provided a 240 litre Refuse Cart, a
240 litre Recycling Cart, and a 120 litre Organics Cart.
(2) All Carts shall be inventoried and assigned to the specific Residential
unit. Carts remain the property of the City of Terrace, and must be
retained at the assigned address.
(3)
Occupants are responsible for the proper and sanitary storage of Carts
on their property between collection days in a manner that reduces
wildlife attraction.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
(4)
The Owner shall notify the City of Terrace Public Works Department of
any damaged or missing Carts. City of Terrace costs for repair or
replacement of Carts damaged due to negligence will be the
responsibility of the owner.
5.
CART AND SOLID WASTE POSITIONING:
(1)
No person shall place or keep receptacles upon any lane, street,
walkway, sidewalk, or other public place in the City, unless such location
is approved in writing by the CAO.
(2)
Carts shall not be over filled to the point that the lid does not completely
close. Materials shall be placed in the Cart uncompacted, in a manner
that allows materials to discharge easily into the collection vehicle when
tipped.
(3)
By 8:00 a.m. on the day Solid Waste collection service is provided for
such Residential dwelling, the occupant shall place all Solid Waste Carts
and other correctly packaged Solid Waste within two metres (six feet) of
the travelled portion of the road designated as the collection route so
that Refuse collectors shall have unobstructed and convenient access
thereto.
(4)
Carts are to be positioned correctly oriented with arrows pointing
towards the road with a minimum of one metre (three feet) separation
between the Carts and a minimum of one metre (three feet) clearance
from all other obstructions.
(5)
Empty Carts, uncollected materials and waste scattered by wildlife, wind
or other causes shall be removed from the roadway no later than 10:00
p.m. on the collection day.
(6)
No collection of Solid Waste will be made from any yard, private
property, or from the inside of any building unless arrangements for so
doing have been made with the CAO in writing.
6.
TAMPERING WITH RECEPTACLES:
(1)
No person shall place Solid Waste for pick-up with the Solid Waste of
others or place materials in containers owned or leased by others
without that owner's/leasee's permission.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
7.
REFUSE PREPARATION:
(1)
Refuse from Residential dwellings shall be thoroughly drained and
wrapped in paper or plastic before being placed in Refuse Cart.
(2)
Refuse in excess of that which can be properly contained within the
Refuse Cart will be collected if set out in black bags with a Bag Tag visibly
affixed to the bag. Bags must not weigh in excess of 22 kgs (50 lbs). Bag
Tags must be purchased from a City of Terrace office.
(3)
All materials eligible for Recycle BC Residential Recycling programs or
Provincial Extended Producer Responsibility (EPR) programs shall not be
disposed of as Refuse.
(4)
All Organics and Yard Waste shall not be disposed of as Refuse.
(5)
Ashes placed for collection shall be properly quenched and bagged
before being placed in Refuse Cart.
(6)
Prohibited Waste, Restricted Waste, and Special Waste shall not be set
out for collection.
(7)
Commercial or multi-family waste shall not be set out for residential
collection.
8.
RECYCLING PREPARATION:
(1)
Recycling shall be cleaned and placed loose in the Recycling Cart. Varied
materials are not to be bagged within the Cart.
(2)
Only residential paper and packaging materials designated as
acceptable under the Recycle BC program curbside collection may be set
out for Recycling collection. Carts or bags containing unacceptable
materials will not be collected.
(3)
Recycling materials in excess of that which can be properly contained
within the Cart shall be set out in transparent bags. Large cardboard
shall be broken down and set out in bundles not exceeding 20 cm (8")
thick x 75 cm (30") wide x 75 cm (30") tall.
9.
ORGANICS PREPARATION:
(1)
Only Organics or Yard Waste as defined shall be set out for collection in
the Organics Cart.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
Added by
Bylaw #
2277-2023
(2)
Moist Organics shall be drained or placed in certified compostable or
kraft paper bags.
(3)
Animal carcasses, slaughter waste, excrement, and manure shall not be
set out as Organics waste.
(4)
Residents shall clean and maintain their Organics Cart in a sanitary
manner.
10.
YARD WASTE PREPARATION:
(1)
Yard Waste shall be placed in certified compostable bags or brown kraft
paper bags. Materials set out other receptacles or bags not clearly
labelled by the manufacturer as certified compostable will not be
collected.
(2)
Bags shall be in sound condition and not loaded beyond material
strength. Maximum bag weight shall be 22 kgs (50 lbs).
11.
FEES FOR WASTE OFFENCES:
The Owner of a Residential Unit where Prohibited Waste, Restricted Waste,
or Special Waste is found in a Refuse cart, Recycling cart, or Organics carts,
must pay to the City:
(a) for the first three offences there shall be no fee and a warning
issued,
(b) for the fourth offence the fine shall be $25.00,
(c) for the fifth offence the fine shall be $50.00,
(d) for the sixth offence the fine shall be $75.00; and
(e) for the seventh and every subsequent offence the fine shall be
$100.00
A reset will occur after four consecutive months with zero offences, and all
warning letters will be removed from the owner's file.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
12.
MEDICAL WASTE EXEMPTION PROGRAM
(1)
Where the owner or occupier of a Residential Unit has a medical
condition that directly and routinely causes such person to produce
Refuse in excess of the amount that can be accommodated by one (1)
Refuse Cart during the Collection Period, that person may make an
application to the CAO for inclusion in the Medical Waste Exemption
Program.
(2)
The following conditions apply to the Medical Waste Exemption
Program:
(a) the person applying must have a medical condition that directly and
routinely causes the applicant to produce Refuse in excess of the
amount that can be accommodated by one (1) Refuse Cart during the
Collection Period.
(b) the applicant's medical condition must be verified in writing by a
Health Professional.
(c) where an application is approved, the applicant will be provided with
an additional Refuse Cart without charge.
(d) Biomedical waste, including needles and blood, is not exempted
from the definition of Prohibited Materials and is not permitted in
Refuse.
(e) an applicant whose medical condition changes so that the applicant
no longer qualifies for the Medical Waste Exemption Program must
notify the CAO and must return the additional Refuse Cart.
(f) an applicant must notify the CAO of any change of address.
(g) an approved application for inclusion in the Medical Waste
Exemption Program is valid for one (1) year from the date of
approval, and an applicant who wishes to continue in the Medical
Waste Exemption Program must re-apply prior to the expiry of the
one (1) year period.
(h) verification of an applicant's medical condition by a Health
Professional is required only once every two (2) years.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
13.
FREQUENCY OF COLLECTION:
(1)
Unless otherwise arranged with the CAO, Residential Refuse collection
shall be bi-weekly.
(2)
Unless otherwise arranged with the CAO, Residential Recycling
collection shall be bi-weekly.
(3)
Unless otherwise arranged with the CAO, Residential Organics
collection shall be weekly.
(4)
Unless otherwise arranged with the CAO, Residential Yard Waste
collection shall be weekly from mid-April to mid-November.
(5)
HOLIDAYS: There will be no collection on a statutory holiday as
observed by the City. The missed collecting day will be collected as
scheduled on the annual collection calendar and route map provided to
residential dwellings.
14.
INSPECTION
(1)
Representatives of the City are authorized to open waste containers to
inspect the contents for compliance with this Bylaw
15.
NO COLLECTION WHERE CONTRARY TO BYLAW
(1)
The City shall not be obligated to collect any Solid Waste set out for
collection contrary to the provisions of this Bylaw. Without limiting the
foregoing, where a waste container contains any materials not permitted
under this Bylaw, the City may refuse to collect the entire contents of the
container.
16.
BUILDING OPERATIONS:
No person carrying out building construction or demolition operations within
the City shall:
(1)
place or dump the waste accumulating from such construction or
operations on any lane, street, walkway, sidewalk or any public place; or
(2)
accumulate such waste on the land or about the premises where such
construction or operation is being carried out without disposing of waste
within such time as the CAO may deem reasonable by written notice.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
17.
COMMERCIAL AND MULTI-FAMILY SOLID WASTE:
The Owner of every Commercial and Multi-Family premise within the City shall:
(1)
Provide and maintain in a good and sanitary condition a sufficient
number of independent receptacles to hold at least the volume of
Refuse, cardboard and paper, and Organics which accumulates at such
building or premises between time of collection;
(2)
Place and keep all such Solid Waste from said building or premises in
such receptacles unless the Bylaw otherwise provides.
(3)
Dispose of all such Solid Waste in accordance with this Bylaw and
applicable Bylaws of the Regional District of Kitimat-Stikine.
18.
COLLECTION OF OTHER WASTES
(1)
The City will not provide for the collection and disposition of any wastes
other than that described in this Bylaw. It is the responsibility of any
owner or occupier of a premise to for the lawful collection and
disposition of all other waste products.
(2)
Hazardous
Waste and
Special
Waste
as
defined
under
the
Environmental Management Act must be disposed of by and owner or
occupier of a premise in accordance with all applicable Federal and
Provincial enactments including, without limitation, the provisions of the
Environmental Management Act and regulations made thereunder.
19.
COLLECTION CHARGES:
(1)
The charges levied by the City for collection of Solid Waste are outlined
on Schedule "A" entitled "City of Terrace Solid Waste Operations
Charges" which is attached hereto and forms a part of this Bylaw.
(2)
New Residential units will be provided Refuse, Recycling and Organics
Carts upon issuance of an Occupancy Permit for the dwelling unit. The
Owner shall be charged the cost of Carts as outlined on Schedule "A"
entitled "City of Terrace Solid Waste Operations Charges" which is
attached hereto and forms a part of this Bylaw.
20.
SERVICE BILLING:
(1)
The calendar year's services shall be billed on the annual property tax
Invoice and if payment is not made before the due date, there shall be
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
payable a penalty of ten percent (10%) of the outstanding amount.
(2)
All charges shall be to the Owner.
21.
ARREARS:
If charges for service provided under this Bylaw are unpaid on the 31st day of
December in the current year, the outstanding amount complete with penalties
shall be deemed to be taxes in arrears in respect of the property and shall be
entered on the real property tax as taxes in arrears on January 1st of the
following year.
22.
INFRACTIONS:
Any person who violates any of the provisions of this Bylaw or who suffers or
permits any act or thing to be done in contravention or in violation of this Bylaw
or who neglects to do or refrains from doing anything which is compelled to
be done by him by virtue of this Bylaw, shall be guilty of an offence and shall
be liable on summary conviction to a fine, such fine to be a minimum of one
hundred ($100.00) dollars and a maximum fine of two thousand ($2,000.00)
dollars together with costs for each offence.
23.
METRIC:
Metric units are used for all measurements in this Bylaw. The approximate
equivalent of those units of Canadian measure (feet, pounds, etc.) are shown
in brackets following each metric measurement and such bracketed figures are
included for convenience only and do not form part of this Bylaw.
24.
Terrace Solid Waste Collection and Disposal Bylaw No. 2084-2015 and all
amendments thereto is hereby repealed.
25.
This Bylaw may be cited as "City of Terrace Solid Waste Operations Bylaw No.
2130 - 2017".
READ a first time this 24th day of April, 2017.
READ a second time this 24th day of April, 2017.
READ a third time this 24th day of April, 2017.
ADOPTED this 8th day of May, 2017.
City of Terrace
Solid Waste Operations
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Bylaw No. 2130-2017
________________________________
Mayor
________________________________
Clerk
City of Terrace
Solid Waste Operations
- 12 -
Bylaw No. 2130-2017
Replaced
by Bylaw #
2277-2023
SCHEDULE "A"
CITY OF TERRACE SOLID WASTE
OPERATIONS CHARGES
CLASSIFICATION
BASIC CHARGES
1.
Refuse Collection - Bi-Weekly
$12.50 per month
2.
Organics Collection - Weekly
included with basic charges
3.
Recycling Collection - Bi-Weekly
no charge
4.
Yard Waste Collection
Weekly from mid-April to mid-
November
included with basic charges
5.
Bag Tags
$2.00 per tag
6.
240 litre Refuse Cart
$100.00
7.
240 litre Recycling Cart
$100.00
8.
120 litre Organics Cart
$75.00
9.
240 litre Organics Cart
$100.00