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SOLID WASTE BYLAW
BYLAW NO. 12-086
This consolidation is a copy of a bylaw
consolidated under the authority of
section 139 of the Community Charter.
(Consolidated on January 1, 2016 up to
Bylaw No. 15-088)
This bylaw is printed under and by
authority of the Corporate Administrator
of the Corporation of the City of Victoria.
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
2
NO. 12-086
SOLID WASTE BYLAW
A BYLAW OF THE CITY OF VICTORIA
(Consolidated to include Bylaws No. 13-051, 13-093, 15-019 and 15-088)
The purpose of this Bylaw is to establish and maintain a system for the collection of solid waste.
Under its statutory powers, including sections 64 and 194 of the Community Charter and other
enabling powers, the Municipal Council of The Corporation of the City of Victoria enacts as
follows:
1
This bylaw may be cited as the "SOLID WASTE BYLAW".
Definitions
2
In this bylaw,
"account"
means an account with the City for one or more residential units, or for a
residential property, with respect to solid waste collection services;
"account holder"
means either an occupier or an owner that maintains an account with the City;
"animal"
means any member of the animal kingdom, other than a human being;
"appliance"
means a device or instrument, usually electrical, which is used to perform a
household task, and includes air conditioners, clothes washers, clothes dryers,
dishwashers, freezers, hot water tanks, microwave ovens, ovens, ranges,
refrigerators, and stoves;
"City"
means The Corporation of the City of Victoria;
"construction waste"
(a)
means waste resulting from or produced by the alteration, renovation or
construction of residential structures such as buildings, houses, sheds,
garages, driveways, and other related improvements; and
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
3
(b)
includes any waste associated with the construction trades;
"corrugated cardboard"
means any Kraft paper board product, consisting of rippled Kraft paper inserts
and liners, that is free of contaminants such as blood, grease, oil, chemicals, food
residue, and wax;
"Director"
means the Director of Engineering and Public Works, or a City employee
designated by the Director of Engineering and Public Works;
"garbage"
(a)
means ash, refuse and other noxious, offensive or unwholesome matter
that is discarded and normally associated with the use of a residential
property; and
(b)
includes plants that are identified by the Capital Regional District as
invasive species; but
(c)
excludes construction waste, kitchen scraps, prohibited waste, recyclable
materials, and yard waste;
"garbage bin"
(a)
means a plastic bin issued by the City to a residential unit for the
containment of garbage to be collected by the City; and
(b)
includes a spacesaver bin issued by the City to a residential property with
more than one residential unit;
"kitchen scraps bin"
means a plastic bin issued by the City for the containment of kitchen scraps to be
collected by the City;
"kitchen scraps"
(a)
means organics, described by the Capital Regional District from time-to-
time as being acceptable material for kitchen scraps collection, and
includes:
(i)
raw or cooked food waste such as fruit, vegetables, meat, fish,
giblets, bones, dairy products, butter, mayonnaise, eggshells,
breads, cereals, grains, pasta, pizza, baked goods, candies,
coffee grounds, solidified fats and grease, baking ingredients,
herbs, spices, nuts, and shells of nuts;
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
4
(ii)
compostable paper products such as soiled paper towels, soiled
tissues, soiled paper food packaging, used paper cups, used
paper plates, flour bags, sugar bags, coffee filters, tea bags; and
(iii)
household plants and dead flowers; but
(b)
excludes yard waste, garbage, recyclable materials, plastic bags, food
wrappers, food containers, cotton pads, cotton swabs, cotton balls, dairy
cartons, dental floss, rubber bands, bandages, gauze, diapers, baby
wipes, sanitary hygiene products, condoms, dryer sheets, lint, cigarette
butts, vacuum bags and their contents, human feces, pet and animal
feces, and any material described by the Capital Regional District from
time-to-time as not acceptable for kitchen scraps collection;
"occupier"
means
(a)
the owner(s) of a residential property if they occupy a residential unit
within their residential property; or
(b)
the adult occupant(s) of a residential unit within a residential property,
which is not occupied by an owner of the residential property;
"owner"
means the registered owner in fee simple of a residential property;
"prohibited waste"
includes
(a)
explosive material, radioactive substances, hazardous waste, petroleum
products, and industrial chemical waste;
(b)
furniture, appliances, motor vehicle tires, motor vehicle bodies, and farm
tools or equipment;
(c)
anything that is on fire or is smouldering;
(d)
dead animals, or parts thereof, including:
(i)
road kill, wildlife, or pets; but
(ii)
excludes what is considered food waste by the Director at his or
her sole discretion acting reasonably; and
(e)
any other matter that is so considered by the Director at his or her sole
discretion;
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
5
"recyclable materials"
means materials collected by the Capital Regional District, as part of its Blue Bag
and Blue Box programs, and includes corrugated cardboard, newspaper, mixed
paper products, rigid plastic packaging, rigid plastic containers, plastic and metal
lids, glass bottles and jars, aluminum and tin cans, poly-coated cartons and
containers, pizza boxes, foil and foil plates;
"residential property"
means a property within the City limits that is used for residential purposes, and
includes single-family homes, duplexes, townhouses, multi-family apartments,
condominiums, and co-ops;
"residential unit"
means a self-contained dwelling unit within a residential property with separate
living, cooking and sleeping facilities;
"solid waste"
means garbage and kitchen scraps;
"solid waste bins"
means garbage bins and kitchen scraps bins;
"spacesaver garbage bin"
(a)
means a garbage bin that the Director may, at his or her discretion, issue
to a residential property with more than one residential unit in lieu of
smaller garbage bins;
"yard waste"
(a)
means plant trimmings resulting from or produced by the landscaping or
maintenance of lawns and gardens, and includes leaves, grass trimming,
plants, small brush, hedge clippings, small tree limbs, dry seed pods, and
Christmas trees; but
(b)
excludes plants that are identified by the Capital Regional District as
invasive species.
City's Responsibilities
3
(1)
The City is responsible for the collection of solid waste from residential
properties.
(2)
The City is not responsible for the collection of any type of waste other than solid
waste.
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
6
(3)
The City is not responsible for the collection of construction waste, prohibited
waste, recyclable materials, or yard waste.
4
Subject to section 5, a residential property that contains less than four residential units
shall have its solid waste collected by the City.
Alternative Collection Services
5
An owner of a residential property with a mixed commercial use may arrange to have its
solid waste collected by a private waste removal company.
6
An owner of a residential property with four or more residential units may arrange to
have its solid waste collected by a private waste removal company.
7
Where an owner pursuant to section 5 or 6 makes alternate arrangements for its solid
waste to be collected by a private waste removal company, the owner shall:
(a)
provide the City with written notice of the alternative arrangement at least two
months prior to the commencement of any solid waste collection by the private
waste removal company; and
(b)
ensure that any solid waste is collected by the private waste removal company at
least 25 times per year, at regularly intervals, occurring approximately every two
weeks.
Solid Waste Bins
8
Subject to section 9, a residential unit within the City limits will be issued one garbage
bin and one kitchen scraps bin by the City.
(1)
An account holder may elect to be issued a garbage bin of 80 litres, 120 litres, or
180 litres in size. Where the City does not receive notice of an account holder's
election, the account holder will be issued a 120 litre bin.
(2)
The only available size for a kitchen scraps bin is 120 litres.
9
(1)
The occupiers of residential property with more than one residential unit can
jointly request that the City issue a 240 litre spacesaver bin in lieu of two 120 litre
garbage bins or three 80 litre garbage bins, which issuance is at the sole
discretion of the Director.
(2)
Each residential unit sharing a spacesaver garbage bin may have a separate
account with the City, but will share the bin.
10
(1)
An occupier must at all times ensure that any solid waste to be collected by the
City is securely contained in the appropriate solid waste bin, save and except
any extra garbage as provided for under section 24.
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
7
(2)
An occupier must ensure that:
(a)
only garbage is placed into the garbage bin issued to their residential unit;
and
(b)
only kitchen scraps are placed into the kitchen scraps bin issued to their
residential unit.
11
An occupier must at all times maintain a solid waste bin issued to their residential unit so
that:
(a)
it is operable;
(b)
it is clean and sanitary;
(c)
its lid is securely fastened to prevent access by an animal; and
(d)
its lid is securely fastened so that solid waste cannot spill out or otherwise
escape.
12
Solid waste bins shall, at all times, remain the property of the City.
13
(1)
No person shall place anything other than solid waste into the appropriate solid
waste bin.
(2)
No person shall place construction waste, prohibited waste, recyclable materials,
or yard waste into a solid waste bin.
14
No person shall place any damp or wet garbage into a garbage bin unless the garbage
is drained, securely wrapped and sealed, so as to not leak.
15
No person shall place kitchen scraps into a kitchen scraps bin unless the kitchen scraps
are securely contained in a paper bag or a compostable bag meeting ASTM Standard
No. D6400.
Solid Waste Collection Services by the City
16
Subject to section 7, solid waste collection services by the City shall be provided as
follows:
(a)
The City shall collect solid waste from residential properties at least 25 times per
year;
(b)
The City's solid waste collections shall occur at regular intervals occurring
approximately every two weeks, with the exception of statutory holidays;
(c)
The City shall collect the contents of one garbage bin and one kitchen scraps bin
for a residential unit during a collection, save and except any extra garbage as
provided for under section 24;
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
8
(d)
The City will only collect solid waste bins that:
(i)
have their lids securely fastened;
(ii)
do not exceed the weight limit marked on the lid of the bin; and
(iii)
are placed in a position, at ground level, that is easily accessible to City
employees between 7:00 a.m. and 4:30 p.m. on collection days.
(e)
City employees are not required to climb stairs, open gates, or access enclosed
areas to collect solid waste;
(f)
Notwithstanding subsections (d)(iii) and (e), the City may collect solid waste at
any location on a residential property at the written request of an occupier who
requires assistance, which collection shall be at the discretion of the Director;
(g)
Kitchen scraps that cannot be reasonably contained in a secured kitchen scraps
bin will not be collected by the City;
(h)
Subject to section 24, garbage that cannot be reasonably contained in a secured
garbage bin will not be collected by the City;
(i)
Solid waste bins will be left by City employees at the curb after collections, and
an occupier must retrieve them from the curb by the end of the collection day;
and
(j)
Collections will not occur during any work stoppage of City employees resulting
from a strike, lockout, or other industrial dispute.
Fees
17
(1)
An account holder shall pay to the City the fees set out in Schedule "A" of this
Bylaw.
(2)
An account holder shall pay the fees for one garbage bin and one kitchen scraps
bin for each residential unit in his or her account.
18
When a solid waste bin requires repair or replacement, an account holder shall pay the
fees outlined in Schedule "C" of this Bylaw for the repair or replacement.
19
(1)
Where the fees for an account have not been duly paid, the Director may, after
providing thirty (30) days notice to the account holder, cease solid waste
collection service to any residential units that the account corresponds to.
(2)
Until paid, the account is a lien or charge on the residential property in which the
residential unit is contained.
(3)
The account becomes delinquent if unpaid on December 31 of the year in which
the account was levied, and is considered to be taxes in arrears with interest at
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
9
the prescribed rate referred to in section 245 of the Community Charter accrued
from January 1 of the following year.
Exemptions
20
The Director, at his or her sole discretion, may exempt an owner of the following
residential property, that has more than one residential unit, from the requirement for
one garbage bin and one kitchen scraps bin to be issued to each residential unit within
their residential property:
(a)
a single-family home with a secondary suite;
(b)
a boarding house;
(c)
a single-family home with light-housekeeping rooms; and
(d)
any other similar residential property identified by the Director from time-to-time
at his or her sole discretion.
Disposal Sites
21
All garbage that is collected and removed from within the City limits shall be deposited at
a landfill operated by the Capital Regional District, or another landfill or disposal site
designated by the Director.
22
All kitchen scraps that are collected and removed from within the City limits shall be
deposited at a compost facility designated by the Capital Regional District, or another
compost facility or disposal site designated by the Director.
23
An occupier of a residential property for which the City provides solid waste collection:
(a)
may also dispose of yard waste at the City's disposal site located at 417 Garbally
Road on any Saturday during the designated operating hours, or at another site
designated by the City for the disposal of yard waste;
(b)
[Repealed]
(c)
an occupier shall load the yard waste into the truck or trailer designated for that
purpose as directed by the City's attendant at the disposal site;
(d)
must not dispose of kitchen scraps, prohibited waste or recyclable materials at
the City's disposal site;
(e)
may only dispose of one pickup truck load or two car loads per day at the City
disposal site; and
(f)
may authorize a contractor to dispose of their yard waste by providing the
contractor with a letter of authorization acceptable to the Director.
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
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24
An occupier may have extra garbage, in excess of the garbage bin issued to their
residential unit, collected if:
(a)
the extra garbage is contained in a secured plastic bag not weighing more than
15 kg when filled;
(b)
the extra garbage is placed near the garbage bin for which service is provided
under section 16; and
(c)
a ticket purchased in the amount set out in Schedule "C" is affixed to each bag
containing extra garbage.
25
Waste of any type that is associated with a business must not be disposed of at any City
disposal site.
Public Garbage Receptacles
26
No person shall deposit solid waste from a residential property or a business into a City
garbage receptacle located in a public areas.
Offence
27
(1)
A person commits an offence and is subject to the penalties imposed by this
Bylaw, the Ticket Bylaw and the Offence Act if that person:
(a)
contravenes a provision of this Bylaw;
(b)
consents to, allows, or permits an act or thing to be done contrary to this
Bylaw; or
(c)
neglects or refrains from doing anything required by a provision of this
Bylaw.
(2)
Each day that a contravention of a provision of this Bylaw occurs or continues
shall constitute a separate offence.
28
Bylaw No. 91-236, the "Garbage and Recycling Bylaw", is repealed.
Consequential Amendments to Other City Bylaws
29
Bylaw No. 04-040, the Administration Fees Bylaw, is amended by deleting in Schedule A
"Garbage and Recycling Bylaw" immediately after "Water Works, Sewer User Charge or"
and replacing it with "Solid Waste Bylaw."
30
Bylaw No. 06-061, the Inspection Bylaw, is amended by deleting in section 3(h)
"Garbage and Recycling Bylaw" and replacing it with "Solid Waste Bylaw."
31
Bylaw No. 10-072, the Consolidation Authorizing Bylaw, is amended by deleting in
Schedule A "Garbage and Recycling Bylaw, No. 91-236" and replacing it with "Solid
Waste Bylaw, No. 12-086."
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
11
READ A FIRST TIME the
22nd
day of
November
2012
READ A SECOND TIME the
22nd
day of
November
2012
READ A THIRD TIME the
22nd
day of
November
2012
ADOPTED on the
13th
day of
December
2012
"ROBERT G. WOODLAND"
"DEAN FORTIN"
CORPORATE ADMINISTRATOR
MAYOR
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
12
Schedule "A"
Solid Waste Bylaw
The fees for the collection of solid waste from each residential unit by size of bin under
Section 16 are:
Size
Annual Fee
80 Litre Bin
$190.02
120 Litre Bin
$211.02
180 Litre Bin
$235.02
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
13
Schedule "B"
Solid Waste Bylaw
[Repealed]
Bylaw current to January 1, 2016. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
14
Schedule "C"
(Solid Waste Bylaw No. 12-086)
The fees or costs for a change in the size, or to replace lost bins, or to repair damaged bins are:
Change of Bin Size
$30.00 per request
Lost or Damaged Bin
Actual cost of replacement or repair of a bin
Extra Garbage Tickets
$4.00 each
Compostable Bags
$10.00 plus tax per roll