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Town of Amherst
Solid Waste By-Law
1.
This By-Law is entitled the "Town of Amherst Solid Waste By-Law" and is developed in
accordance with the Municipal Government Act 1998, Chapter 18, Section 325.
Definitions
2.
In this By-Law:
(1)
"backyard composting" means composting at a residential premise of organic solid
waste comprised of yard waste and food scraps and spoiled or waste food or
foodstuff excluding meat, fish, eggs or dairy products where:
(i
the waste is generated by the residents of the residential premise;
(ii
the annual production of compost on any property lot does not exceed 2
cubic metres;
(iii
the composter or compost pile is not located within 15 metres of any window
or door of a structure on an adjacent property;
(2)
"biomedical waste" means and is limited to carcasses of animals exposed to
pathogens, disease waste, cultures and stocks, human blood and blood products,
pathological waste, sharps waste, and other waste determined to be infectious;
(3)
"CJSMA" means the Cumberland Joint Services Management Authority or its
successors who manage the operation of the Little Forks Landfill at Cumberland
County;
(4)
"collector" means any person or corporation collecting solid waste in the Town for
gain or profit licensed in accordance with section 7 of this by-law;
(5)
"collector license" means a license to transport solid waste generated within the
town of Amherst and issued by the Solid Waste Manager.
(6)
"commercial container" means any container used for the storage of solid waste
or any container used for the storage of organic materials or recyclable materials
originating from industrial, commercial, or institutional premises on properties
located in the Town of Amherst for collection by a hauler;
(7)
"compostables / organics" means food scraps and spoiled or waste food or
foodstuff including vegetable peelings, meat, fish, eggs, bones, waste food products,
soiled and wet paper and soiled paper products such as table napkins, paper
towels, pizza boxes, wet ashes, leaves and yard waste, together with such other
organic materials as may, from time to time, be identified in public education
documents suitable for municipal collection in compost bins;
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(8)
"compost bin" means a wheeled aerated cart designed to be emptied by hydraulic
lifting devices for the storage and municipal collection of compostables made
available by or through the Town for that purpose;
(9)
"composting" means the nuisance-free biological decomposition of organic
materials, substances or objects under controlled circumstances to a condition
sufficiently stable for nuisance-free and safe storage and use in land applications;
(10) "container recyclables" means redeemable beverage containers, steel, tin or
aluminum food containers and cans, glass food containers, jars and bottles, low
density polyethylene bags and packaging, high density bags, containers and
packaging, polycoat containers for milk, milk products, soya milk, concentrates or
other liquids or powders, and any such other items as may, from time to time, be
identified in public education documents distributed by the Town of Amherst or
CJSMA as suitable for municipal container recyclables collection;
(11) "construction, demolition and renovation debris" means materials which are
normally used in the construction of buildings, structures, roadways, walls and other
landscaping material and includes, but is not limited to, soil, asphalt, brick, mortar,
drywall, plaster, cellulose, fiberglass fibers, gyproc, lumber, wood, asphalt shingles,
and metals and such other materials as may be permitted from time to time by
regulations of the Province of Nova Scotia for disposal at a disposal site for
construction, demolition and renovation debris;
(12) "contaminated soil" means soil which
(i.
has been contaminated with and contains in excess of 2,000 parts per
million of total petroleum hydrocarbons; or
(ii.
Has been removed from a site because of actual or suspected
contamination pursuant to a requirement or order of the Nova Scotia
Department of Environment;
(13) "contamination" generally refers to any item which is not acceptable in any given
source-separated stream according to the definition of that stream. In the case of
recyclable materials, contamination also refers to recyclable items which may be
soiled or dirty, which renders such items non-recyclable;
(14)
"Council" means the council for the Town of Amherst;
(15)
"curb" means that portion of the public street right-of-way between the traveled
portion of the street and the property line which parallels the street center line;
(16)
"Cumberland Central Landfill" means the solid waste processing and disposal
complex at Little Forks which includes a sanitary landfill, a recycling plant, a
compost processing facility, leachate treatment facility, leaf and yard waste area,
contaminated soils area, a metal salvage area, and a demolition debris disposal
site;
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(17)
"Enforcement Officer" means the person appointed by the Town to be the
Enforcement Officer or their designate;
(18)
"fibre recyclables" means corrugated cardboard, newsprint, catalogues, bond
paper, glossy flyers and magazines, paper egg cartons, boxboard, computer
paper, telephone and other soft cover books, and any such other items as may,
from time to time, be identified in public education documents distributed by the
Town of Amherst or CJSMA as suitable for municipal fibre recyclables collection.
(19)
hazardous waste" means waste that may be harmful to humans, animals, plant life
or natural resources including, but not restricted to, industrial chemicals, toxic,
flammable, corrosive, radioactive, reactive, pathological and PCB waste, oil,
gasoline, paint solvent, wood preservatives, ink, battery acid, pesticides and
insecticides;
(20)
"hospital and pharmaceutical waste" means waste generated at hospitals,
clinics, pharmacies, veterinary clinics, dentist offices and includes used needles,
drugs, dressings, excluding pathological waste;
(21)
"householder" means owner, occupant, lessee, tenant or other person in charge
of a dwelling, mobile home, hotel, restaurant, apartment unit, office building, public
institution or other building or property, and includes the person assessed for the
building pursuant to the Assessment Act, R.S.N.S. 1989, c.23;
(22)
"ICI Sector" means motel, restaurant, office building, public institution,
manufacturing plant, retail sales outlet or any other premise not a residential
premises as defined by this by-law;
(23)
"owner" means:
(i.
a part owner, joint owner, tenant in common or joint tenant of the whole or
any part of the land or a building;
(ii.
In the case of the absence or incapacity of the person having title to the
land or building, a trustee, an executor, a guardian, an agent, a mortgagee
in possession or a person having the care or control of the land or building;
or
(iii.
In the absence of proof to the contrary, the person assessed for the
property;
(24)
"pathological waste" means any part of the human body excepting hair, nail
clippings and the like, any part of a dead animal infected with a communicable
disease, and non-anatomical waste infected with a communicable disease;
(25)
"premise" means any building or property in the Town;
(26)
"public education documents" includes newspaper or radio advertisements,
newsletters, pamphlets, flyers or other material circulated by mail or delivery by or
for the Town, CJSMA, the Nova Scotia Department of Environment or the Nova
Scotia Resource Recovery Board;
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(27)
"reactive waste" means a waste that reacts violently with water or is readily
capable of detonation or explosive reaction including calcium carbide;
(28)
"redeemable beverage container" means a container of less than 5 litres
which contains or has contained a beverage and was sealed by the manufacturer
after the beverage was placed in it, other than a container for milk, mild products,
soya milk or concentrates;
(29)
"residential premises" included single family dwellings, duplexes and apartment
buildings with three dwelling units or less, but does not include a motel, hotel or
inn;
(30)
"residential solid waste" includes compostables, recyclable materials and
residual garbage generated at a residential premise;
(31)
"residual waste" means waste other than:
(i.
recyclable material;
(ii.
compostables;
(iii.
construction, demolition and renovation debris, pathological waste, reactive
waste, septic waste, hospital and pharmaceutical waste, contaminated
soils, friable asbestos, leaf and yard waste, sharps waste, white goods, or
other material identified in this by-law as to be placed for collection only
upon special collection dates;
(iv.
notwithstanding subparagraphs (i and (ii hereof, residual waste may include
compostables or recyclable materials to the extent separation of
compostable and recyclable material was not reasonably possible for the
waste generator because of the fusing or bonding together of materials in
the state in which the waste generator received them or because of the
reasonable cross-contamination of materials in the ordinary course of use
by the waste generator if such contamination was unavoidable by the
exercise of due diligence by the waste generator;
(32)
"scrap metal / white goods" includes items such as washers, dryers,
dishwashers, stoves and refrigerators;
(33)
"septic waste" means the liquid and solid material removed from septic tanks,
sewage treatment plants, and manholes, cesspools, privies and portable toilets;
(34)
"sharps waste" means hypodermic needles, syringes with needles attached, IV
tubing with needles attached, dental scalers, scalpel blades and lancets that have
been removed from the original sterile package;
(35)
"solid waste" includes recyclable material, compostables, and residual waste,
construction, demolition and renovation debris, leaf and yard waste, contaminated
soils and any other waste or discarded tangible personal property;
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(36)
"Solid Waste Manager" means the Solid Waste Manager of the CJSMA;
(37)
"stream" means waste of the same kind being:
(i.
compostables;
(ii.
Recyclable material;
(iii.
Residual waste;
(iv.
Construction and demolition debris;
(v.
contaminated soil;
(vi.
solid waste of any type which is not acceptable at a municipal solid waste
management facility; or
(vii.
solid waste of any type which is only accepted on the occasion of special
collections, or by contract, or by express approval in advance of the
operator of a municipal solid waste management facility;
(38)
"Town" means the Town of Amherst;
(39)
"unacceptable materials" shall be defined as materials not accepted for disposal
at the Cumberland Central Landfill, this includes but is not limited to biomedical
waste and household hazardous waste;
(40)
"yard and leaf waste" means vegetative matter resulting from gardening,
horticulture or landscaping, including materials such as tree and shrub trimmings,
plant remains, grass clippings, leaves, trees and stumps, but excludes
construction and demolition debris or contaminated organic matter.
Source Separation
3.
Owners and occupants of property in the Town shall separate solid waste at the time of
generation, and provide storage, placement for collection and disposal into
uncontaminated separate solid waste streams as follows:
(1)
compostables;
(2)
(i. container recyclable materials;
(ii. fibre recyclable materials;
(3)
residual waste;
(4)
construction, demolition and renovation debris;
(5)
contaminated soil;
(6)
solid waste of any type which is not accepted at a municipal solid waste
management facility, each such type in its own stream; and
(7)
solid waste of any type which is only accepted on the occasion of special
collections, or by contract or by express approval in advance of the operator of a
municipal solid waste management facility, each such type in its own stream.
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RESIDENTIAL SECTOR
Residential Solid Waste Disposal
4.
Except for the placement of solid waste for collection in accordance with this by-law, no
person shall deposit, cause to be deposited or permit to be deposited solid waste at any
place in the Town provided, however, that:
(1)
backyard composting carried out in such manner as not to constitute a nuisance is
permissible;
(2)
no person shall place, cause to be placed for collection any solid waste that is not
separated as required by Section 3 of this by-law or which is falsely or misleadingly
presented or packaged as solid waste of a particular kind, type, stream or place of
origin or which is concealed within or intermingled with solid waste of another kind,
type, stream or place of origin;
(3)
no householder in the Town shall permit the accumulation of solid waste in or
around the property to the extent that it is or is likely to become a nuisance,
unsightly or a hazard to public health;
(4)
subject to statutes, regulations or laws of the Province of Nova Scotia or Canada to
the contrary, the unconcentrated disposal of waste trees, brush or portions thereof
or other organic farm or forestry waste by decay on forest or farm land is permitted;
and
(5)
subject to statutes, regulations or laws of the Province of Nova Scotia or Canada or
other by-laws of the Town to the contrary, the nuisance-free disposal of aggregate,
soil, bricks, mortar, concrete, asphalt pavement, porcelain or ceramic materials as
fill is permitted.
Municipal Residential Collection
5.
Council may, by resolution, provide for municipal collection of solid waste by a contractor
in some or all areas of the Town and, for greater certainty and without limiting Council's
discretion to use different collection classifications, Council may limit collection to particular
types of solid waste to properties containing not more than a specified number of
residential households, and/or to commercial solid waste generators of a particular type or
size or generating not more than a specified volume of solid waste, and may provide
different collection services for any different class of waste generator.
Solid Waste Collection
6.
Except to the extent authorized by contract with the Town or by public education
documents distributed from time to time, including but not restricted to public education
documents or notices published in connection with special collection days, persons
placing solid waste for collection shall comply with the following:
(1)
the frequency and schedule of collection of residual residential solid waste within
the Town shall be determined by resolution of Council;
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(2)
all solid waste shall be placed for collection within three meters of the curb, placed
in such a manner as to interfere as little as possible with pedestrian traffic and
snow removal;
(3)
residual waste shall be placed for collection in securely tied, transparent,
colourless, plastic disposable water-proof bags of a dimension not smaller than 60
cm X 80 cm, nor greater than 100 cm X 150 cm, and shall not exceed a weight of
25 kg per bag and not more than six [6] such bags per dwelling unit shall be placed
for collection on any one collection day;
(4)
(i. container recyclable materials shall be placed for collection in securely tied,
transparent plastic disposable water-proof bags of a dimension no smaller than 60
cm X 80 cm, nor greater than 100 cm X 150 cm, and shall not exceed a weight of
25 kg per bag. Not more than three [3] such bags or bundles per dwelling unit
shall be placed for collection on any one collection date;
(ii. paper recyclable materials shall be placed for collection in securely tied,
transparent plastic disposable water-proof bags of a dimension no smaller than 60
cm X 80 cm, nor greater than 100 cm X 150 cm, and shall not exceed a weight of
25 kg per bag. Not more than three [3] such bags or bundles per dwelling unit
shall be placed for collection on any one collection date;
(5)
the collection of organic materials (compostables) shall be subject to the following
conditions or such further conditions as the Town may establish by resolution:
(i.
each residential premises shall have a compost bin as approved by the
Town in which organics are to be placed for collection;
(ii.
the compost bins are the property of the Town. The owner of the residential
premises shall be responsible to ensure that such bins are kept secure on
their premises and are kept in good repair;
(iii.
storage of food scraps and spoiled or waste food or foodstuff, except as
disposed of by backyard composting, shall be removed from every property
by the occupant no less than once every two weeks and disposed of
according to this by-law;
(iv.
leaf and yard waste placed for collection shall, in the case of leaves, be
placed in compostable/paper bags of a dimension no smaller than 60 cm X
80 cm, nor greater than 100 cm X 150 cm, and shall not exceed a weight of
25 kg per bag and not more than 10 such bags per residential premise shall
be placed for collection on any one collection day. Brush and tree branches
shall not exceed 1.5 m in length or 25 kg in weight and individual limbs shall
have a diameter not exceeding 5 cm in diameter;
(6)
bulky items placed for special collection shall not exceed 50 kg in weight for any
one item or 150 kg for all items for any one residential premise on any one special
collection date and no individual item shall measure greater than 2.0 meters in any
dimension;
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(7)
except to the extent authorized by contract with the Town or by public education
documents distributed from time to time, no person shall place for collection:
(i.
hazardous waste
(ii.
hospital and pharmaceutical waste
(iii.
pathological waste
(iv.
asbestos
(v.
septic waste
(vi.
hot or dry ashes
(vii.
dead animals
(viii.
industrial waste, including non-residential farm, forestry or fishing waste
(ix.
tires
(x.
waste generated outside the Town
(xi.
other materials or solid waste as may be identified as unacceptable for
collection in public education documents distributed from time to time;
(8)
Scavenging
(i.
no person shall pick over, interfere with, disturb, remove or scatter any
waste or bundled article placed out for collection, whether in a concealed
container or otherwise;
(ii.
no person shall permit or suffer any animal owned or harboured by him or
under his control to pick over, interfere, disturb, eat, remove or scatter any
waste placed out for roadside collection;
(iii.
except as authorized by the Town, no person shall remove recyclable
material or other solid waste placed or apparently placed for municipal
collection by waste generators, owners or occupants and all recyclable
materials are the property of the Town from the moment of placement for
municipal collection. Nothing in this section relieves an owner or occupant
from the duties set out in subsection [(12)] of section [6];
(iv.
this section does not apply to the person who placed the waste material for
collection or to the Town, its contractors or authorized Town collection
contractors;
(9)
no person shall place solid waste for collection on a property other than solid waste
generated on that property;
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(10)
no person shall place waste from premises other than residential premises on
municipal property for collection or other reason without written permission from
the Town;
(11)
waste refrigerators and freezers shall either be stored inside or enclosed, locked
child-proof building or shall have their doors removed from the appliance;
(12)
solid waste containers, compost carts, uncollected waste and any waste scattered
by animals, pests or weather shall be removed by the householder from the place
where such solid waste was placed for collection not later than midnight on the day
of collection.
7.
Only the contractor hired by the Town is permitted to regularly collect solid waste from
residential premises in Amherst.
Special Collections
8.
Council may, by resolution, provide for special municipal solid waste collections on an
occasional basis or may provide for municipal collection from a drop-off site, of particular
types of solid waste, such as discarded Christmas trees, bulky items not eligible for
regular municipal collection, household hazardous waste or other specified solid waste,
and may limit such special collection in particular areas of the Town, to properties
containing not more than a specified number of residential households and/or to
commercial solid waste generators of a particular type or size or generating not more than
a specified volume of solid waste.
Solid Waste Containers
9.
The owner and occupant of every property in the Town shall provide sufficient and
adequate receptacles or containers for solid waste which may accumulate from time to
time on the property, and, without limiting the generality of the foregoing:
(1)
food scraps and spoiled or waste food shall be stored in compost bins or in other
receptacles or containers that are water-proof, impervious to domestic and wild
animals and rodents and which are designed to avoid the entrapment of children;
(2)
compost bins or other receptacles or containers used for storage of food scraps
and spoiled or waste food shall not be placed or kept within 2 meters of a window
or door situated on an abutting or adjacent property;
(3)
recyclable material and residual garbage shall be stored inside buildings or in
receptacles or containers that are water-proof, impervious to domestic and wild
animals and rodents, and which are designed to avoid the entrapment of children.
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INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL SECTOR (ICI)
Industrial, commercial, Institutional Solid Waste Disposal
10.
(1)
Owners and occupants of properties in the ICI Sector which generate the following
waste shall, either personally or by employees, contractors or agents and in
compliance with all applicable federal, provincial and municipal laws, remove and
dispose of such waste:
(i
all solid waste generated by industrial, commercial or institutional premises,
facility or operation;
(ii
all solid waste resulting from construction of any kind, including renovation
or repair;
(iii
all solid waste resulting from the demolition of a building or structure.
(2)
The Town, by contract with solid waste generators in the ICI Sector, may provide
collection of solid waste and may, in such contract, vary any of the limitations or
restrictions applicable to general municipal collection as set out herein.
(3)
The property owner of an industrial, commercial or institutional property shall
ensure that:
(i
adequate space is provided on the property to accommodate containers for
the collection of source-separated residual waste, organic materials,
container recyclable materials and fibre recyclable materials generated at
the property;
(ii
where food is consumed on site, receptacles must be present to
accommodate the collection and separation of residual waste, organic
material, and recyclable materials for people disposing of such material;
(iii
signage clearly defined for the sorting of recyclables, organic materials and
residual waste is to be located within three [3] meters of the commercial
container(s);
(iv
where industrial, commercial or institutional properties have a chute,
signage is required to be posted on every floor where access to a chute is
provided to instruct tenants to the location of commercial containers for
residual waste, recyclables, and organic materials.
(4)
The occupant of an industrial, commercial or institutional property shall:
(i
source separate all waste generated in the occupant's unit or portion of the
building at the point of generation into residual waste, organic material,
container recyclable material and fibre recyclable material, so as to comply
with the disposal bans and to facilitate their recycling, composting or
disposal in accordance with the Town's waste resource management
system;
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(ii
place for collection source separated material in containers in accordance
with Section 11 at the storage areas on the property as designated by the
property owner;
(iii
place all residual waste in securely tied, transparent, colourless plastic
disposable water-proof bags of a dimension not smaller that 60cm X 80 cm,
nor greater than 100 cm X 150 cm, and shall not exceed a weight of 25 kg
per bag;
(iv
where food is consumed on site, clearly label bags of solid waste generated
and sorted by consumers of food with identifying labels or markers provided
by the Solid Waste Manager for this purpose. This provision does not
relieve the occupant of the requirement to source separate waste generated
or handled by employees on site.
Commercial Containers
11.
(1)
Any person who makes use of a commercial container for the temporary storage
of waste shall ensure that such commercial container:
(i
is sturdily constructed of weather-proof and animal-proof material, and is
capable of containing the material deposited within;
(ii
has displayed thereon the name and telephone number of the owner of the
container and the type of material to be deposited therein;
(iii
has displayed thereon the following message "GARBAGE" or "WASTE"
where residual waste is to be deposited in the commercial container;
(iv
has displayed thereon the following message "ORGANICS" where organic
materials are to be deposited in the commercial container;
(v
has displayed thereon the following message "CONTAINER
RECYCLABLES" where container recyclables are to be deposited in the
commercial container;
has displayed thereon the following message "FIBRE RECYCLABLES"
where fibre recyclables are to be deposited in the commercial container
(vi
where it is not possible to display the appropriate message as outlined in
this subsection directly on the commercial container, then appropriate
signage shall be posted within three [3] meters of the commercial
containers with the message indicating the materials to be deposited
therein, and
(vii
any message required by this section shall use lettering not less than 10
centimeters in height and 4 centimeters in width;
(viii
is equipped with a lid with a positive closing device which shall be kept
closed except when the container is being loaded or unloaded;
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(ix
is cleaned regularly and periodically, as necessary to avoid the build-up of
odours;
(x
where tenants are required to place materials in the container, the container
shall be designed and situated to be reasonably accessible for this purpose.
(2)
The owner of any premises on which a commercial container is placed shall
ensure that:
(i.
where possible, any such container is kept behind or beside the building
which it serves;
(ii.
if kept in front of the building due to lot size and/or property configuration,
such container is located at least six (6) meters from the front property line;
(iii.
any such container is reasonably screened so as not to be visible from any
street; and
(iv.
any such container is kept in a manner that is not unsightly and does not
cause a nuisance or health-related problem.
(3)
No person shall place a commercial container on any public street within the Town
without the written permission of the Town Engineer.
(4)
The owner of any premises upon which a commercial container is located shall be
responsible to:
(i.
keep the area surrounding any such container free from litter and waste;
(ii.
cause any such container to be emptied at least once in every seven [7]
days or more frequently if the container becomes filled before the seven day
period elapses unless the material is of a nature such that longer storage
will not cause a nuisance or health related problem (e.g. dry or inert type
materials, recyclable material, scrap metals, etc.);
(iii.
to ensure that any such container is loaded uniformly and is loaded such
that waste material is completely contained within the container when
closed.
(5)
The owner of any industrial, commercial or institutional premises shall ensure that
commercial containers on the premises:
(i
accommodate source separated waste generated at that location;
(ii
are designed and constructed such that the waste (residual waste, organic
materials, recyclable materials) remains in a source separated condition;
and
(iii
are easily accessible to the occupants.
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(6)
The owner of any industrial, commercial or institutional premises may make use of
aerated organics containers specifically designed and approved for the storage and
collection of source-separated organic materials from industrial, commercial or
institutional premises provided the owner complies with the other applicable
requirements of this Section 11.
(7)
Bulk commercial containers used during construction or repair work need not
comply with paragraphs [11. (1)] and [11. (2)] of this by-law for temporary period of
not more than six [6] months or until the completion of the construction or repair
work, whichever is sooner.
GENERAL
Inspections
12.
Where an inspection is required or conducted pursuant to this by-law:
(1)
the Enforcement Officer may enter in or upon land or premises at a reasonable
time without a warrant;
(2)
except in an emergency, the Enforcement Officer shall not enter a room or place
actually being used as a dwelling without the consent of the owner or occupier,
unless the entry is made in daylight hours and written notice of the time of the entry
is given to the owner or occupier at least twenty-four hours in advance; and
(3)
where a person refuses to allow the inspector to exercise, or attempts to interfere
or interferes with the Enforcement Officer in the exercise of a power granted
pursuant to this by-law, the Enforcement Officer may apply to a judge of the
Supreme Court of Nova Scotia for an order,
(i
to allow the Enforcement Officer entry to the building, and
(ii
restraining a person from further interference;
(iii
to recover all costs associated with any such order.
Solid Waste Collectors
13.
No person shall engage in the business of collection or transporting solid waste generated
within the Town of Amherst, nor shall they deposit solid waste at the Cumberland Central
Landfill unless the person holds a current collector License from the Town of Amherst for
that purpose, obtained or renewed before March 31 in each calendar year.
14.
The application for a Collector's License shall be made in writing, in duplicate, on such
form as may be specified by the solid Waste Manager from time to time, and signed by the
person applying therefore. Every application for a Collector License, including each
annual renewal, shall contain the following information:
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(1)
the name, address and phone number of the applicant;
(2)
the provincial motor vehicle registration number and description by make, model
and year of any vehicles to be used by the applicant in connection with the
collection or transportation of solid waste in the Town of Amherst;
(3)
a description of the types of solid waste for which a Collector License is sought;
(4)
an annual license fee as determined from time to time by Council.
15.
Licensed collectors shall use collection and transportation equipment which:
(1)
is insured for third party liability in such amount as may be required from time to
time by the Solid Waste Manager or as listed in tender documents;
(2)
is registered under the Motor Vehicle Act and which complies with all provisions of
that Act or of any other applicable statute or regulation in effect from time to time;
(3)
is driven by an operator with valid operator's permits of the requisite class for that
type of vehicle;
(4)
is designed and utilized in a manner which prevents any solid waste or liquid waste
from falling out, being spilled, blown or scattered from the vehicle during collection
or transportation and, in particular:
(i
must be equipped with a tailgate or other restraining device which shall be
closed while the vehicle is in motion;
(ii
must be equipped with a cover, tarpaulin or other adequate protective
device to prevent littering during collection or transportation of solid waste;
(5)
if used in the collection of more than one type of solid waste, be designed,
constructed and used in such a manner as to prevent cross-contamination between
different solid waste streams;
(6)
displays the name of the Licensed Collector in characters not less than 2.5 cm in
height.
16.
Licensed collectors shall:
(1)
refuse collection of solid waste which is not separated or otherwise placed for
collection in accordance with the requirements of this by-law;
(2)
haul in separate loads of solid waste collected in different municipal units, except
as may be expressly authorized by the Solid Waste Manager;
(3)
comply with the provisions of this by-law, including but not restricted to those
concerning the placement or deposit of solid waste at municipal solid waste
management facilities;
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(4)
attend courses or training seminars, as stipulated from time to time by the Solid
Waste Manager regarding the collection and transportation of solid waste, the use
of solid waste management facilities and the public education of solid waste
generators;
(5)
comply with any directives or restriction on collection or transportation routes, or
the timing, procedures or methods to be utilized in connection with the collection or
disposal of solid waste at a municipal solid waste management facility as may be
specified by the solid Waste Manager from time to time.
17.
The Solid Waste Manager may refuse to issue or renew or may revoke or suspend a
Collector's license for breach of the by-law or of the terms or conditions of a License. The
Solid Waste Manager may suspend a Collector's License on reasonable and probable
grounds without hearing or notice in the event of a willful breach of the by-law or a loss or
apparent loss of vehicle/driver licensing, registration of insurance, in which event an
interim suspension shall remain in effect for a period of up to 30 days pending a hearing.
In all other instances, a refusal to issue or renew or a revocation or suspension of the
license shall only be made by Council after convening a hearing.
Prohibitions
18.
No person shall export or remove solid waste material generated within the Town of
Amherst outside the boundaries of Cumberland County and all such solid waste shall be
disposed of within the boundaries of Cumberland County in accordance with this By-Law,
except when and as authorized by a Resolution of Council.
19.
For the purpose of Section 18, solid waste means solid waste materials, including but not
limited to, residual waste, industrial, commercial and institutional waste, construction and
demolition waste, mixed waste, and organic materials, but does not include recyclable
materials from industrial, commercial and institutional sector premises, pathogenic or
biomedical waste, or hazardous waste, materials.
Enforcement and Penalty
20.
Proof that solid waste that was deposited or placed somewhere in contravention of this by-
law originating from a particular person shall be evidence that the person so deposited or
placed it, or caused or permitted it to be so deposited or placed, in the absence of
evidence to the contrary.
21.
Any person who contravenes any provision of this by-law is punishable on summary
conviction by a fine of not less than $200 and not more than $5,000 and to imprisonment
of not more than 60 days in default of payment thereof.
22.
Each day that a person commits an offence under this by-law constitutes a separate
offence.
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Solid Waste Disposal
23.
It is the policy of the CJSMA that all materials brought for disposal to the Cumberland
Central Landfill are source separated at the time of generation as per Section 3 of this by-
law.
24.
No person shall place, cause to be placed or permit to be placed at, in, or adjacent to a
municipal solid waste management facility any solid waste when the facility is not open or
when the operator or municipal staff of the municipal solid waste management facility
refuses to accept a load or loads of items of solid waste.
Scavenging
25.
No person shall remove material from the Cumberland Central Landfill without permission
from Cumberland Joint Services Management Authority.
Inspection and Enforcement at Cumberland Central Landfill
26.
Loads entering the Cumberland Central Landfill site will be inspected. Waste haulers and
generators are advised that CJSMA reserves the right to reject non-compliant loads or
portions of loads and to recover additional waste management cost incurred due to the
improper disposal of non-compliant materials by haulers and/or generators.
In the event materials are not in compliance with regulations for disposal at the site not
identified by the site owners and operators until dumping of the materials has commenced
or has been concluded, the collector and the originator of such materials shall be
responsible to immediately remove the non-compliant materials from the site.
Any waste hauler/generator disposing of solid waste at the Cumberland Central Landfill
must provide a manifest upon request.
Repeal
27.
The Town of Amherst Solid Waste By-law, D-20, approved by Council on April 22, 2002
with amendments dated February 24, 2003, April 30, 2007, March 9, 2018 and August
24, 2021 is hereby repealed.