Solid Waste Disposal and Recycling Bylaw No. 2115, 2010
Williams Lake, British Columbia
· adopted 2010-04-06
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CITY OF WILLIAMS LAKE
BYLAW NO. 2115
BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO PROVIDE FOR THE
MANAGEMENT OF SOLID WASTE AND RECYCLABLES.
WHEREAS Section 8(3)(h) of the Community Charter allows a municipality to provide any
service that the council considers necessary or desirable, and may do this directly through
another public authority or another person or organization;
AND WHEREAS Section 64 (d) & (e) of the Community Charter empowers council to exercise
their authority in relation to refuse, garbage or other material that is noxious, offensive or
unwholesome and the use of waste disposal and recycling services;
AND WHEREAS Section 194(1)(a) of the Community Charter allows council, by bylaw, to
impose a fee payable in respect of all or part of a service of the municipality.
NOW THEREFORE, the Council of the City of Williams Lake, in open meeting assembled,
hereby enacts as follows:
Title
1.
That this Bylaw may be sited for all purposes as the "City of Williams Lake Solid Waste
Disposal and Recycling Bylaw No. 2115, 2010."
2.
Definitions
In this Bylaw:
"automated collection" means the collection of garbage and recyclable materials using a
specially designed vehicle with a mechanical apparatus which empties a garbage
container or recycling container directly into the vehicle without requiring manual labour
to empty the garbage container or recycling container;
"City" means the Corporation of the City of Williams Lake;
"collection crew" means any City employees or other persons authorized by the City to
provide services under this Bylaw;
"contractor" means a company or entity contracted by the City to collect and dispose of
garbage and recyclable materials;
"dwelling unit" means one self-contained unit designed for year-round occupancy by one
(1) family, and the principal use of such dwelling is residential, with the complete living
facilities for one (1) or more persons, and containing only one (1) complete set of
cooking facilities;
"CONSOLIDATED VERSION"
Bylaw No. 2115
Page 2
"garbage" means any discarded materials resulting from day-to-day operations of a
residential household, but does not include noxious, offensive, or unwholesome matter
or any recyclable material, trade waste, or any waste prohibited by this Bylaw;
"garbage container" means a receptacle for the automated collection of garbage, with a
black coloured lid, supplied to a parcel by the City, with a holding capacity of either 240
Litres or 120 Litres;
"manager" means the General Manager of Planning and Operations or Director of
Municipal Services or Manager of Water and Waste;
"manufactured home" means any structure, whether ordinarily equipped with wheels or
not, which is constructed or manufactured to be moved from one place to another by
being towed or carried and which is used for the purpose of residential accommodation;
"noxious, offensive, or unwholesome matter" means any offensive, volatile, dangerous
or hazardous material or material which may be germ or vermin infested, have an
offensive odour, be explosive in itself or when mixed with other substances or be
injurious to the health of a person handling it, or injurious to vehicles containing it and,
without limiting the generality of the foregoing, includes acids, combustible material,
animal excrement and similar matter;
"owner" means the person, persons, or entity which legally owns a dwelling unit, strata
lot or manufactured home in which garbage and recyclable materials are collected within
the City of Williams Lake;
"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 and bare land strata
complexes and individual strata lots;
"recycling container" means a receptacle for the automated collection of recyclable
materials, with a blue coloured lid, supplied to a parcel by the City, with a holding
capacity of either 120 Litres or 240 Litres;
"recyclable materials" means, subject to section 10.2 of this Bylaw, mixed paper, tin and
metal cans, plastics labelled one (1) through seven (7), and all types of cardboard
including corrugated cardboard;
"secondary suite" means a dwelling unit in which the primary owner resides, in which a
second residence is attached occupying no more than 90 m2 of the dwelling unit;
"strata lot" means a parcel that is held be strata lot lease under Part 3 (Leasehold Strata
Plans) of the Strata Property Act, S.B.C. 1998, Ch. 43, or is a strata lot as defined in
section 1 of the Strata Property Act, or is a strata lot created by a "bare land strata plan"
as defined in the Strata Property Act, as may be amended from time to time; and
"trade waste" means refuse and accumulation of waste and abandoned material
resulting from the operation of a trade or business.
Bylaw No. 2115
Page 3
3.
Establishment of Solid Waste System
The City hereby establishes a system for the collection and removal of garbage and
recyclable materials as set out in this Bylaw.
4.
Mandatory Service
Subject to sections 5 and 7.7 of this Bylaw, every owner of dwelling unit, strata lot, or
manufactured home within the City of Williams Lake shall use the solid waste disposal
system established by this Bylaw and shall comply with the rules and regulations set out
within this Bylaw.
5.
Exemption from Automated Collection
Where an owner is unable to comply with section 4 of this Bylaw, that owner may make
a written application to the manager for an exemption from section 4 of this Bylaw. If the
manager is satisfied, in his or her sole discretion, that the owner is unable to comply with
this Bylaw, then a special designation will be made under conditions and terms set out
by the manager in relation to the service. On receiving evidence that an exemption is no
longer necessary, or in any case on an annual basis, the manager may review the
matter and suspend or cancel the designation or amend the conditions and terms
applicable to the exemption, as appropriate in the circumstances.
6.
Containers Issued to Parcels
6.1
Subject to sections 5 and 7.7 of this Bylaw, the City shall issue one (1) garbage
container and (1) recycling container to each dwelling unit, strata lot and
manufactured home in existence as at the date of adoption of this Bylaw.
6.2
Each garbage container and recycling container issued by the City shall have a
corresponding serial number.
6.3
Each garbage container and recycling container issued by the City shall be for
the use of and shall remain with the parcel to which it was originally issued.
6.4
An owner must not remove a garbage container or recycling container from the
parcel to which the container was originally issued.
7.
Volume and Frequency of Collection
7.1
Owners of a dwelling unit, strata lots and manufactured homes are permitted to
have only one (1) garbage container provided by the City and only one (1)
recycling container provided by the City.
7.2
One (1) garbage container and one (1) recycling container will be issued to each
dwelling unit, with each container having a volume of 240 Litres.
Bylaw No. 2115
Page 4
7.3
One (1) garbage container and one (1) recycling container will be issued to each
strata lot. The owner will have the choice of either one (1) 120 Litre garbage
container and one (1) 120 Litre recycling container or one (1) 240 Litre garbage
container and one (1) 240 Litre recycling container.
7.4
One (1) garbage container and one (1) recycling container, each having a
volume of 120 Litres, will be issued to each manufactured home. The owner will
have the choice of either one (1) 120 Litre garbage container and one (1) 120
Litre recycling container or one (1) 240 Litre garbage container and one (1) 240
Litre recycling container.
7.5
Subject to sections 5 and 7.7 of this Bylaw, the following services for automated
collection provided by the City to each dwelling unit, strata lot and manufactured
home, as applicable:
(a)
collection of garbage [e.g. weekly, bi-weekly]; and
(b)
collection of recyclable materials [e.g. weekly, bi-weekly];
7.6
The frequency and provision of the automated collection services under section
7.5 above is subject to change from time to time at the City's discretion. The City
reserves the right to make changes to collection days by providing the owner with
at least sixty (60) days notice.
7.7
Despite any other provision in this Bylaw, where the manager may consider that
a parcel cannot be safely or efficiently serviced using the City's existing vehicles
and equipment, the manager may exclude the parcel from servicing under this
Bylaw and upon notice to the owner of the parcel, the parcel is not permitted or
required to receive the City's garbage or recyclable materials disposal services
either permanently or for a temporary period described in the notice.
8.
Application for New Containers or a Change in Volume
8.1
An owner who was not issued a garbage container or recycling container
pursuant to section 6.1 of this Bylaw, may make an application to the City for a
garbage container and/or recycling container and will be issued such container
upon payment of the applicable fee set out in Schedule A of this Bylaw.
8.2
An owner receiving services under this Bylaw may apply for a change in the
volume of the garbage container and recycling container from a dwelling unit
volume of 240 Litres to a volume of 120 Litres provided that the owner provides
to the City all necessary information required on Schedule B and surrenders to
the City the used garbage container and/or recycling container.
8.3
Once an owner applies to have their garbage container and recycling container
reduced or increased in volume, a cost in respect of such change will be payable
by the owner as set out in Schedule A of this Bylaw. For certainty, the cost
payable for a change in the volume of a garbage container or a recycling
container, as set out in Schedule A to this Bylaw, is in addition to any costs or
charges payable by an owner pursuant to section 14.1 of this Bylaw.
Bylaw No. 2115
Page 5
8.4
Where an owner possesses a secondary suite and requests, in writing, additional
garbage and recycling containers, a second garbage container and a second
recycling container will be issued. The full cost must be paid by the owner of the
residence. Applications for service to a secondary suite are included in Schedule
B.
A service fee as presented in Schedule A will start the first day of the following month
according to when service is started. If the owner of the secondary suite requests that
service be discontinued as per cancelation notice provided in Schedule C, the garbage
container and recycling container assigned to that secondary suite are to be surrendered
with no refund given to the owner. Cancellation of fees for service will come into effect
the first day of the following month the cancellation notice is received by the City.
9.
Prohibited Waste
9.1
No person shall place any of the following materials in a garbage container or
recycling container for collection:
(a)
explosives;
(b)
raw sewage or septic tank sludge;
(c)
highly flammable materials;
(d)
noxious, offensive, or unwholesome matter;
(e)
oversized items of any kind that do not allow for proper closure of both
garbage containers and recycling containers;
(f)
dead animals;
(g)
demolition or construction waste;
(h)
trade waste; or
(i)
all liquids.
10.
Recyclable Materials
10.1
Items that may be placed in recycling containers are as follows:
(a)
tin cans;
(b)
all plastics (1 through 7) all colors;
(c)
all types of cardboard including corrugated; and
(d)
mixed paper including office paper, newspaper, and inserts.
Bylaw No. 2115
Page 6
10.2
The definition of recyclable materials may change from time to time at the City's
sole discretion.
11.
Use of Garbage Containers and Recycling Containers
11.1
Owners are responsible for garbage containers and recycling containers issued
by the City pursuant to this Bylaw.
11.2
Owners shall dispose of garbage in the provided garbage containers and shall
dispose of recyclable materials in the provided recycling containers issued by the
City pursuant to this Bylaw.
11.3
No person shall use a recycling container for any purpose other than the deposit
or accumulation of recyclable materials.
11.4
Owners shall keep garbage containers and recycling containers in a sanitary
condition and in good order.
11.5
Owners shall take steps to secure their garbage container and recycling
container against theft or damage and shall promptly notify the manager if a
garbage container or recycling container is lost, damaged or stolen.
11.6
Lost, stolen, or damaged garbage containers and recycling containers are the
responsibility of the owner. Garbage containers or recycling containers that are
damaged by no fault of the automated collection process or other form of
collection process, will be subject to a cost incurred by the owner as set out in
Schedule A to this Bylaw.
12.
Placement of Garbage and Recycling Containers
12.1
Owners shall place their garbage containers and recycling containers no later
than 7:00 am on the allocated day of collection and shall remove their garbage
containers and recycling containers the same day as collection.
12.2
On the collection day, owners shall place garbage containers and recycling
containers with wheels against the curb, with spacing between containers of
three (3) to four (4) feet. In the event a curb is not present, garbage containers
and recycling containers are to be placed on the edge of the roadway. Placement
of containers may vary according to direction given by the manager or designate.
12.3
Access to garbage containers and recycling containers shall be free from debris,
snow, or other substances or structures that would impede collection of
containers.
13.
Non-collection of garbage and/or recyclable materials
13.1
The City, its collection crew or its contractor, as applicable, need not collect all or
any garbage or recyclable materials from a parcel if an owner has not complied
with this Bylaw.
Bylaw No. 2115
Page 7
13.2
Non-collection of garbage and recyclable materials shall be at the discretion of
the City, the City's collection crew or the City's contractor, as applicable, and if
garbage and recyclable materials are not picked up, a written explanation will be
placed on the applicable container.
13.3
Without limiting the generality of section 13.1 or 13.2 above, garbage and
recyclable materials may not be collected for the following reasons:
(a)
excess garbage placed beside container,
(b)
container lid not completely closed,
(c)
improper placement of container(s),
(d)
loose garbage was not bagged,
(e)
used oil filters in container,
(f)
parked vehicle(s) prohibited collection,
(g)
snow, ice, debris or other substances or structures impeding collection, or
(h)
noxious, offensive or unwholesome matter is placed in the containers.
13.4
Owners of dwelling unit, strata lots, and manufactured homes whose garbage
containers and/or recycling containers are not collected for reasons outlined in
sections 13.1, 13.2 or 13.3 above will be responsible for the disposal of both
garbage and recyclable materials for that collection period.
13.5
Neither the City, nor its collection crew, nor its contractor, will be liable for any
damages suffered or costs incurred by any person by reason of the failure of the
City, its collection crew or contractor to supply the services set out in this Bylaw.
13.6
No person will be relieved of the obligation to observe the requirements of all
federal, provincial and local government laws by reason of the services provided
by the City pursuant to this Bylaw.
13.7
All garbage containers and recycling containers must be made accessible for
inspection upon the request of the manager.
14.
Billing and Payment of Charges
14.1
From January 1, 2010 to and including December 31, 2014, the annual charge
payable for the issuance of a garbage container or recycling container issued
pursuant to section 6.1 of this Bylaw shall be as set forth in Schedule A, whether
or not:
(a)
the dwelling unit, strata lot or manufactured home is occupied,
(b)
the owner makes use of the service, or
Bylaw No. 2115
Page 8
(c)
the owner makes an application for a change in the volume of a garbage
container or recycling container pursuant to section 8 of this Bylaw.
14.2 The annual charge payable pursuant to section 14.1 of this Bylaw shall appear
on the annual utility notice.
14.3
All fees and charges set out in Schedule A to this Bylaw are payable in advance
of receiving the service to which the fee or charge applies, or at the manager's
option, upon invoice.
14.4
The charges and other amounts payable under this Bylaw are a debt due and
payable by the owner to the City and may be recovered by the City in any Court
of competent jurisdiction.
14.5
Any charges or other amounts not paid By December 31st of each year will be
added to the owner's property tax roll. All amounts, once entered on the property
tax roll of the City, will form a charge on the land to which they relate and may be
collected in the same manner as taxes.
15.
Offences
15.1
Every person who does anything prohibited by this Bylaw is guilty of an offence,
and on summary conviction, is liable to a fine of not more than $2,000.
15.2
Each day that a contravention of the provisions of this Bylaw exists or is
permitted to exist shall constitute a separate offence.
16.
Enforcement
16.1 This Bylaw may be enforced by means of a ticket in the form prescribed for the
purpose of section 264 of the Community Charter.
16.2
Pursuant to section 264(1)(b) of the Community Charter, bylaw enforcement
officers are designated to enforce this Bylaw.
16.3
No person shall interfere with or obstruct the bylaw enforcement officer or any
person acting in the conduct of administration or enforcement of this Bylaw.
16.4
The bylaw enforcement officer is hereby authorized, in accordance with section
16 of the Community Charter, to enter, at any reasonable time, onto property in
the course of enforcing this Bylaw in order to ascertain whether the regulations of
this Bylaw are being observed.
17.
Severabilty
If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then
the invalid portion must be severed and the remainder of the Bylaw is deemed valid.
Bylaw No. 2115
Page 9
8.
Adoption
That this Bylaw shall come into full force and effect upon its final passage and adoption.
READ A FIRST TIME THIS
23rd
DAY OF
MARCH
, 2010
READ A SECOND TIME THIS
23rd
DAY OF
MARCH
, 2010
READ A THIRD TIME THIS
23rd
DAY OF
MARCH
, 2010
RECONSIDERED AND ADOPTED THIS
6th
DAY OF
APRIL
, 2010
________________________
MAYOR
________________________
CORPORATE OFFICER
Bylaw No. 2115
Page 10
SCHEDULE A
Associated costs as per 14.2 and 14.3
Cost per Garbage container and Recycling Container (both 120 Litre and 240 Litre)
$105.00 per container
Annual Charge per year (January 1, 2010 to and including December 31, 2014)
$27.00 / year
Cost of service fee (secondary suites)
$10.00 / month
Replacement parts (Garbage container and Recycling Container)
cost + 10% administrative fee
I, CINDY BOUCHARD, CORPORATE OFFICER FOR
THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY
THIS TO BE SCHEDULE "A" TO BYLAW NO. 2115.
____________________________________
CORPORATE OFFICER
BL2241 (09/02/16)
Bylaw No. 2115
Page 11
Schedule B
Application for Secondary Suite Solid Waste Collection
Date:___________________
Secondary Suite Registration Number ____________
Owner of Property:____________________
Address:_____________________
Phone Number:_____________________
Disclaimer
I _______________________ acknowledge that I am requesting solid waste collection to my
secondary suite. I am aware of the associated costs for service as outlined in Bylaw ______ and
that being the registered owner of the property as indicated above, I am responsible for
complying with the conditions set out within Bylaw _________. I am aware that if I choose to
cancel my service, the supplied garbage container and recycling container are to be returned to
the City with no refund.
Signature______________________
I, CINDY BOUCHARD, CORPORATE OFFICER FOR
THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY
THIS TO BE SCHEDULE "B" TO BYLAW NO. 2115.
____________________________________
CORPORATE OFFICER
Bylaw No. 2115
Page 12
SCHEDULE C
Secondary Suite Cancellation Notice
Date:___________________
Secondary Suite Registration Number ____________
Owner of Property:____________________
Address:_____________________
Phone Number:_____________________
I _______________________ acknowledge that I am requesting solid waste collection to my
secondary suite be cancelled. I am aware that if I choose to cancel my service, the supplied
garbage container and recycling container are to be returned to the City with no refund.
Signature ________________
I, CINDY BOUCHARD, CORPORATE OFFICER FOR
THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY
THIS TO BE SCHEDULE "C" TO BYLAW NO. 2115.
____________________________________
CORPORATE OFFICER