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No. 5- 300
CAPE BRETON REGIONAL MUNICIPALITY
SOLID
WASTE
RESOURCE
MANAGEMENT
BY-LAW"
1.
TITLE
1. 1
This By- Law shall be known and may be cited as the " Solid Waste Resource
Management By-Law".
2.
DEFINITIONS
2. 1
In this By-law the following words and phrases shall have the following
meanings:
a.
containers
recyclables"
means glass bottles and jars; aluminum, steel and
tin cans; high density polyethylene, low density polyethylene, and
polyethylene
terephthalate
plastic bottles, containers
and bags; milk and
juice cartons; beer and liquor containers; tetra packs and mini- sip
containers; or other items as designated
from time to time.
b.
box board" means cereal, shoe, tissue, detergent, cracker, cookie, baking
product and frozen food boxes, toilet paper rolls and paper towel rolls or
other similar items.
C.
collectible waste" means material originating
from eligible premises and
placed curbside by the owner or occupant for collection by a collection
contractor or by an agent of the Municipality. These materials include
mixed
waste, recyclable
materials
and
organic
materials.
d.
collection contractor" means any company, person or persons and the
agents of such persons under contract with the Municipality to collect
collectible waste from eligible premises.
e.
collection day" means any day which is scheduled by the Municipality
for municipal collection of collectible
waste.
f.
commercial
container" means any container used for the storage of ICI
waste materials 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 Municipality
for
collection by a hauler.
g.
commercial
enterprise" means an enterprise which is assessed
a business
occupancy tax by the Municipality.
h.
commercial premises" means any lot of land which contains one or more
commercial
enterprises.
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Solid Waste Resource Management By-Law
i.
condominium"
means the division of land and buildings
intended to be
used as condominiums
in Nova Scotia and is registered under the
Condominium Act, revised statutes of Nova Scotia, 1989. Chapter 85.
j.
construction and demolition waste" means material generated as a result
of construction, demolition, or renovation
activities. This includes
materials normally used in the construction of buildings, structures,
roadways, walls and other landscaping material such as asphalt, brick,
mortar, concrete, drywall, plaster, cellulose, fiberglass
fibers, lumber,
wood, asphalt
shingles
and
metals.
k.
Container recyclables" means
1.
Council" or " council" means the Council of the Cape Breton Regional
Municipality.
M. " dwelling " means a building, or a unit in a building, occupied or intended
to be occupied as a home, residence or sleeping place by one or more
persons but does not include a hotel, motel, guesthouse
or inn.
n.
eligible premises" means those properties within the Municipality which
are eligible for municipal curbside collection
as defined in Section 6 of
this By-law.
o.
Fiber recyclables"
means mixed paper, corrugated
cardboard, box board,
newsprint, magazines, catalogues, flyers, telephone
and other soft cover
books and paper egg cartons or other similar items designated by Council
from time to time.
P_
Green cart means an aerated cart supplied to eligible premises by the
Municipality for the collection of organic materials.
q.
hauler" means any company, person or persons who transports waste
materials including, without limitation, ICI waste, mixed waste, recyclable
materials, or organic
materials to waste management
facilities approved
for operation with the CBRM. This does not include infrequent users of
these facilities such as residents of eligible premises hauling materials in
an unregistered
vehicle from their premises.
r.
household
special waste" or" HSW" means waste- resource materials of a
potentially hazardous nature generated in households including, but not
restricted to solvents, glues, cleaners, paints and finishes, asphalt sealers,
kerosene, pesticides, lawn and garden chemicals, poisons, propane tanks,
roofing
tar, pool chemicals, batteries, etc. For the purposes of this bylaw,
household
special waste does not include PCB' s, radioactive
materials,
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Solid Waste Resource Management By-Law
explosives, fireworks, pathological
wastes, ammunition, oil, gas, oil gas
mixes,
etc.
S.
industrial, commercial, institutional waste" or " ICP' waste" means
material
of similar
composition
as mixed
waste
collected
within
the
Municipality
other than waste generated in an eligible premise.
t.
international
waste" means waste imported into Canada from any country
other than the United States which contains or is suspected of containing
an animal product or animal by-product and which was intended to be
served or was served for consumption by the passengers or crew of an
aircraft or ship.
U.
leaf and yard waste" means sods, grass clippings, leaves, branches, brush,
bushes, twigs less than I inch in diameter, house and garden plants,
sawdust and wood shavings
or other similar items and natural Christmas
trees ( without decorations
and tree stands).
V.
litter" means any intentionally or accidentally discarded waste not placed
in a proper receptacle, or container for recycling, organics, collection or
for disposal.
W. "
manager" or Manager" means the Manager of Solid Waste for the Cape
Breton Regional Municipality, the successor to such position, or a person
designated by the Manager to act in place of the Manager.
X.
materials recovery facility" means a facility designed to receive, sort,
process, store and ship to market recyclable materials.
Y_
mini bins" means a small container supplied to eligible premises by the
Municipality
for the collection of organic materials. The mini bin is
intended for household use only, not curbside use.
Z.
mixed waste" means and includes all collectible
waste other than that
which is collected as recyclable materials or organic materials including:
i.
broken bottles, crockery, glassware, floor sweepings,
discarded clothing, cloth, leather, jute, non-recyclable
plastic
and metal, non- recyclable
packaging,
non- repairable
household
goods and other household waste.
ii.
glass that is tightly wrapped in cardboard or other suitable
material and clearly marked to prevent injury to collection
personnel.
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Solid Waste Resource Management By-Law
iii.
ashes and soot that is completely cold placed in clear
plastic disposable watertight bags securely tied and marked
ashes"
or"
soot".
iv.
manure, excretes or litter from companion pets residing in
an eligible premise where the material
is double bagged
and securely tied in clear watertight bags and then placed in
an eligible
container.
V.
other items not specifically
designated
as mixed waste
except as excluded by this by- law.
aa. "
mixed waste regulation
container" means a container
as specified
in
Section 8 for the collection of mixed waste.
bb. "
municipal
collection"
means
the
scheduled
curbside
collection
of
collectible waste from eligible premises made by or on behalf of the
Municipality, at the expense of the Municipality.
cc. "
Municipality" or" municipality" means the Cape Breton Regional
Municipality.
dd. "
non- collectible
waste" means all material not eligible for curbside
collection
and without limitation
includes:
i.
residential
bulk waste
ii.
white
goods
iii.
oil tanks
iv.
liquid waste or material that has attained a fluid consistency
and has not been drained.
V.
highly combustible or explosive materials, including
without limitation, celluloid cuttings, motion picture film,
oil or gasoline
soaked
rags, gas containers,
chemicals,
acids
or other combustible residues, fine dry dust, ammunition,
dynamite, or other similar material.
vi.
material that is considered pathogenic
or biomedical
including, without limitation, dressings, bandages or other
potentially infected material or hypodermic
needles
discarded
in the course of the practice of physicians,
surgeons, dentists or veterinarians.
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Solid Waste Resource Management By-Law
vii.
carcasses or parts of any animal except food waste.
viii.
waste listed or characterized as hazardous by any federal or
provincial
law.
ix.
sheet iron, large pieces of scrap metal or machine parts,
automobile
parts, fuel tanks and bodies.
X.
septic tank pumping, raw sewage or industrial sludge;
xi.
radioactive
materials.
xii.
soil, rock, stumps, and trees greater than
inch in diameter.
xiii.
waste materials resulting from construction, demolition or
renovation
activities.
xiv.
industrial waste material from factories
or other
manufacturing
processes.
xv.
manure, kennel waste, excreta, fish processing waste.
xvi.
lead- acid automotive
batteries
and propane tanks/ cylinders.
xvii.
waste material from commercial
containers.
xviii.
waste material which has not been placed for collection
in
accordance with the provisions of this by- law.
xix.
materials banned from landfill disposal by the Nova Scotia
Department
of the Environment
unless
such materials
are
recyclable materials or organic materials from eligible
premises.
ee. "
oil tanks"
means
residential
oil tanks
to a maximum
size of 200 gallons.
ff. "organic materials" means food waste, boxboard, soiled and non- recyclable
paper, and other material of plant or animal origin as designated by Council
from time to time.
gg. " organic
materials
regulation
container"
means
a cart or other
container
as
specified in Section 8 for the collection of organic materials.
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Solid Waste Resource Management By-Law
hh. provincial
disposal bans" means materials
banned from disposal in landfills
and incinerators
under the Solid Waste--
Resource
Management
Regulations
of the Environment Act of the Province of Nova Scotia as updated and
amended from time to time.
ii. " private road" is a road as defined by the Subdivision By-law of CBRM.
J. " recyclable materials" means fiber recyclables, containers recyclables and
other
materials
of a recyclable
nature.
kk. "residential bulk items" means large items of a household nature including but
not limited to furniture, stoves, mattresses, bed springs, barrels, water tanks,
and dishwashers.
ll. " residential food waste" means fruit and vegetable
peelings, table scraps,
bread, grain, rice and pasta, egg shells, coffee grounds and filters, tea leaves
and tea bags or other similar items suitable for disposal in a green cart.
mm. "
soiled
and non- recyclable
paper" means
napkins, paper towel & fast food
wrappers, wax paper, wrapping paper, paper plates and cups, soiled
newspaper
and flyers, sugar, flour & potato paper bags or other similar items.
nn. " source separated composting facility" means a facility designed to receive,
process
and compost
organic
materials.
oo. " transfer station" means a facility operated by or on behalf of the Municipality
for unloading and consolidating waste, recyclables or organics from vehicles
for transport to another waste management facility in larger loads.
pp. " treasurer" means the Director of Finance for the Municipality, the successor
to this position or a person designated by the Director to act in his/ her place.
qq. " unlisted bungalow road" is an unlisted bungalow road as defined by the
Subdivision By- law of CBRM.
rr. " unlisted road" is an unlisted road as defined by the CBRM Subdivision By-
law of CBRM.
ss. " unit" means a self-contained portion of a building occupied as a separate
residence.
tt. " unnamed road" means any street or road which is not a public street/ road, is
unnamed
and extends to and has access to a public street/ road
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Solid Waste Resource Management By-Law
uu. " waste disposal fees" means per tonne fees, or per load fees, charged by the
Municipality
for the acceptance of waste, mixed waste, recyclable materials,
and organic materials within the municipal waste disposal system.
vv. " waste management
facilities" means facilities for the management
of mixed
waste, recyclable
materials,
and
organic
materials
operated
within
the
Municipality, its contractors
or its agents and includes, without limitation, the
landfill, materials
recovery facility( s), source- separated composting facility(s),
transfer stations( s) and construction
and demolition recycling disposal
facilities.
ww. " white goods" means any large household appliance including but not
limited to refrigerators, freezers, air conditioners, stoves, washers, and dryers.
3.
THE COUNCIL
3. 1
Pursuant to Section 49( 1)( b) of the Municipal Government Act, the Council may,
by policy, regulate the use of solid-waste management facilities, providing for
times and conditions under which they may be used and setting charges for the
use of solid-waste management facilities operated by the Municipality.
3. 2
In
accordance
with
Section
3. 1, Council has enacted a policy designating the
hours of operation
for waste management
facilities
and the fees
and charges
for
depositing materials at waste management facilities, which policy is known as the
CBRM Solid Waste Management Policy.
4.
THE MANAGER
4. 1.
The manager or his designate shall administer the provisions of this By- Law and,
for this purpose, may:
a.
divide the Municipality into areas for the purposes of curbside collection
of collectible waste from eligible premises
on various days of the week.
b.
designate a particular day of the week for curbside collection of collectible
waste in each designated
collection
area.
C.
alter the boundaries of curbside collection areas as deemed necessary on
reasonable
notice
to the public.
d.
administer and liaise with any collection contractor who may be hired by
the Municipality to carry out curbside collection of collectible waste
within the Municipality.
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Solid Waste Resource Management By-Law
e.
designate the conditions
and guidelines relating to the acceptance of
curbside waste materials
at waste management
facilities owned and
operated by the CBRM in compliance with applicable provincial
regulations and this by-law.
f.
administer a system for collection of" bulk waste" and " white goods",
from eligible premises.
g.
administer the residential
household
special waste system.
5.
THE PUBLIC
5. 1
The owner
or occupier
of an eligible
premises
shall:
a.
provides
sufficient
and
adequate
containers
to contain
waste
generated
at
the
eligible
premises.
b.
provide separate containers
for mixed waste, organic waste and for
recyclable
waste.
C.
ensure that each container
is covered and secured at all times except when
being emptied or filled.
d.
store collectible waste outside the main building on the eligible premises
only in secured regulation containers made inaccessible to pests or
animals.
e.
ensure the proper preparation
of all collectible
waste in accordance
with
this by-law.
f.
ensure that collectible
waste is placed for collection
in accordance with
this by-law.
g.
ensure
that collectible
waste
remains
within
adequate
containers.
5. 2
No
owner
or occupier
of any
eligible
premises
shall permit
any
waste
to
accumulate
upon any premises
so owned or occupied, and shall provide for the
removal of all waste from the premises at times designated by Municipality.
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Solid Waste Resource Management By-Law
6.
ELIGIBLE PREMISES
6. 1
Eligible premises include the following:
a.
single family dwellings including mobile homes.
b.
multi- unit residential dwellings that constitute
a unit in a duplex, row
house or townhouse where every unit has street or road frontage.
C.
multi- unit apartment
buildings
to a maximum
of six ( 6) units. ( limited to 5
bags per unit to a total 30 bags)
d.
fire halls
e.
condominium
buildings
6. 2
Owners and occupants
of properties
not defined herein as eligible premises
shall
not place any waste materials at the curbside of such properties for municipal
collection.
7.
COLLECTIBLE
MATERIAL -- PREPARATION AND RESTRICTIONS
7. 1
No material shall be placed out or caused to be placed out for municipal
curbside
collection by any person except in accordance with the following:
a.
for eligible premises as outlined in section 6. 1 of this by-law a maximum
of five ( 5) mixed waste regulation
containers.
b.
ashes or soot generated by eligible premises are not eligible for municipal
collection, except ashes and soot that are completely cold, and double
bagged in clear plastic disposable watertight bags, meeting the
requirements of section 8. 2 ( a). The bag must be securely tied and marked
ashes"
or" soot". This container
is considered
an eligible container
as per
section 7. 1 (
a), ( b) or, ( c).
C.
there shall be no limit to the amount of blue bags recyclables and blue bag
fiber recyclables
eligible for municipal
collection
from eligible premises.
d.
no person shall place for municipal collection any non-collectible waste.
e.
where the Municipality establishes separate municipal curbside collection
of organic materials, the following conditions and restrictions shall apply
to all such collection:
i.
a maximum of one ( 1) green cart may be placed for
curbside
collection.
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Solid Waste Resource Management By-Law
8.
REGULATION CONTAINERS FOR MUNICIPAL COLLECTION
8. 1
The owner or occupant of each eligible premise shall be responsible
to contain
designated
collectible
waste so as to prevent the escape of waste materials
into the
environment. The owner or occupant of each eligible premise
is responsible
to
gather waste material placed for curbside collection that has escaped from its
container.
8. 2
Only containers which meet the following specifications and requirements shall
be utilized for the purposes of municipal collection.
a.
Plastic Bag Specifications Mixed
Waste: Clear Garbage Bags
i.
bags must be watertight and securely tied with an overall
length of between 0. 5 meters and
1 meter when empty.
ii.
bag weight not to exceed 12 kilograms including contents.
iii.
bags must have a thickness
sufficient to prevent breakage,
tearing or splitting upon collection.
iv.
bags must be clear, translucent in color when placing more
than
one ( 1) bag of garbage curbside. The one dark bag
used curbside can be dark, colored or tinted. The bag must
not be yellow, red, orange or transparent blue in color for
mixed
waste.
b.
Container Specifications Mixed Waste: Garbage Cans
i.
containers
must be watertight, secured with a cover,
equipped with handles
in good repair and tapered to be as
large or larger at the top as at the bottom.
ii.
the weight of the container including contents shall not
exceed 24 kilograms, the height shall be not less than 46
and not more than 76 centimeters, and the diameter shall be
between
38 and 51 centimeters.
iii.
containers
shall be made of metal, plastic or other
impermeable
material of sufficient thickness to prevent
breakage or splitting upon collection.
iv.
containers must be maintained in a neat and sanitary and
waterproof condition
and kept in good repair
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Solid Waste Resource Management By-Law
C.
Storage Containers: Roadside Boxes
i.
outdoor, roadside boxes or bins are acceptable for storing
containers or bags for mixed waste provided they meet the
following specifications:
1.
a box or bin constructed of wood or other material
suitable for storing containers or bags or mixed
waste as long as the box or bin is rodent and animal
proof.
2.
boxes or bins must be affixed with a lid weighing
not more than 5 kilograms.
3.
boxes or bins shall at all times be maintained
in a
neat and sanitary condition and kept in good repair.
4.
waste collectors will remove waste from storage
containers
located consistent with section 9. 2;
however, the municipality
or collector is
indemnified
against damage to bins or containers
resulting from collection activity.
d.
Organic Materials:
Green Carts and Mini Bins
i.
where the Municipality
establishes
a separate collection for
organic materials, the following organic materials
regulation
containers
shall be used:
1.
eligible
premises
that receive
curbside
collection
will be delivered and assigned
one green cart and
one mini bin by the Municipality. The Municipality
will establish the number of cart( s) and mini bin( s)
assigned
to types
of eligible
premises.
2.
green cart( s) and mini bin( s) assigned to eligible
premises
are to remain
with those
eligible
premises.
3.
owners
or occupants
of eligible
premises
are
responsible for the care and cleaning of each green
cart and mini bin which have been assigned to their
eligible
premises.
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Solid Waste Resource Management By-Law
4.
repair to damage green cart( s) or replacement
of
green cart( s) or mini- bin( s) assigned to eligible
premises
due to misuse, alterations
or abuse
involving the owner or occupant of the eligible
premises shall be the responsibility of the owner or
occupant
of the eligible
premises
to which
the
cart( s) or mini- bin( s) is assigned.
5.
owners
or occupants
of eligible
premises
shall
make
the green
cart( s) assigned
to eligible
premises
available to the Municipality
or its contractors or
agents within reasonable
time frame upon request
for inspection or repair purposes or for
identification of the serial number.
6.
owners
or occupants
of eligible
premises
are
responsible
for the green cart( s) and mini bin( s)
assigned to the eligible premises and used by
tenants who are renting or leasing the premises.
a.
Plastic Bag Specifications Blue Bags: Blue Transparent
Plastic
Bags
i.
blue bag recyclable containers must be placed in watertight
transparent blue bags with a thickness sufficient to prevent
breakage, tearing or splitting upon collection. These bags
shall have an overall length of between
0. 5 meters and
1
meter when empty. These bags shall be securely tied.
ii. blue bag recyclable fiber must be placed in watertight
transparent blue bag with a thickness sufficient to prevent
breakage, tearing or splitting upon collection. These bags
shall have an overall length of between
0. 5 meters and
1
meter when empty. These bags shall be securely tied.
iii. all materials must be securely contained so as to prevent
material from escaping into the environment.
iv. corrugated cardboard may be tied in bundles not greater
than 0. 65 meters x l- meter x 0. 20 meters ( 2 ft. x 3 ft. x 8
in.) or may be placed in the blue bag for fiber.
V.
the weight of each blue bag, including contents, placed for
blue bag collection must not exceed 12 kilograms.
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Solid Waste Resource Management By-Law
b. Storage Containers: Roadside Boxes Blue Bags
i.
outdoor, roadside boxes or bins are acceptable for storing
fiber and container recyclable materials provided they meet
the following specifications:
1.
blue box or blue bin constructed of wood or other
material suitable for storing blue bags as long as the
box or bin is rodent and animal proof.
2.
blue boxes or blue bins must be affixed with a lid
weighing not more than 5 kilograms.
3.
blue boxes or blue bins shall at all times be
maintained
in a neat, sanitary condition and kept in
good repair.
4.
blue bag collectors will remove waste from storage
containers
located consistent with section 9. 2;
however, the municipality
or collector is
indemnified
against damage to bins or containers
resulting from collection activity.
9. PLACEMENT OF MATERIALS
9. 1.
Collectible
waste shall be placed for municipal
collection
in accordance with this
By-Law.
9. 2. Collection is at the curb only. All regulations containers must be placed at end of
a driveway and/or at the edge of a property abutting the street, road or highway
without obstructing the street, road or highway.
9. 3.
Materials must be placed for municipal collection with approximately 1- meter
spacing between each waste stream
9. 4.
Green carts must be placed at the curb in an upright position with the lid closed
and the front of the green cart facing the street, road or highway.
9. 5.
Owners or occupants of eligible premises on private roads, unlisted roads,
unlisted bungalow roads, unnamed roads and in trailer parks are eligible for
curbside collection on theses roads if the road is safely passable by a collection
vehicle. If these roads are not safely passable by a collection vehicle, the
collectible waste must be brought to the nearest intersection with a public street or
road and placed in accordance with this By- Law, where it shall be collected.
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Solid Waste Resource Management By-Law
10.
COLLECTION TIMES &
FREQUENCIES
10. 1.
Collection will commence at the following times on the collection days
designated in the following areas of the municipality:
a.
8: 00 a.m. in all areas of the Municipality having daytime collection.
b.
12 midnight in all areas of the Municipality having overnight collection.
10. 2. No person shall place collectible waste out for collection before 7: 00 p. m. the
evening of the day prior to the collection day applicable in that area of the
Municipality.
10. 3.
Where an area is designated to receive bi- weekly recyclable collection, no person
shall place blue bag material out for curbside collection on the week not
designated for the area' s recyclable
collection week applicable
in that section of
the Municipality.
10. 4. Any materials not collected must be removed from curbside by 9: 00 p. m. on the
day of collection.
10. 5.
Collectible waste must be placed for collection by the designated commencement
time for collection in the area.
10. 6. When a regularly scheduled day for collection falls on a Federal, Provincial or
Civic holiday, the collection day may be modified to occur on an alternate day as
designated by the Manager.
11. HOUSEHOLD
SPECIAL
WASTE
11. 1.
The Manager may designate the place and time, including the days and hours of
operation
and the materials
eligible for the disposal of household
special waste in
the Municipality. This includes the operation of a permanent household
special
waste depot in the Municipality.
11. 2. The household special waste depot(s) may only be used by residents of the
Municipality
for the proper disposal of household special waste originating within
the Municipality.
11. 3.
All persons are prohibited from disposing of industrial, commercial and
institutional
waste at the permanent household
special waste depot.
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Solid Waste Resource Management By-Law
12. ILLEGAL DUMPING/ LITTER
12. 1.
No
owner
or
occupier
of
property
in
the
Municipality
shall
permit
the
accumulation of solid waste in or around the property to the extent that it is likely
to become
a nuisance or hazard to the public health.
12. 2. Owners
and occupants
are responsible
to provide for the lawful
collection
and
disposal of all solid waste that is not subject to municipal collection.
12. 3.
No person
shall place waste for curbside
collection
on a property
other than a
property owned and occupied by such person or in respect of which the person
has obtained the consent of the owner or occupier for that purpose.
12. 4. No person shall dump, abandon or dispose of waste-resources at any public or
private place unless that place is duly licensed to receive and dispose of the
particular
category
of waste- resources.
12. 5. No person shall dispose of or cause the disposal of the following materials at any
licensed solid waste-resource management facility, or deposit any such materials
in a storage
area, storage
container
or collection
container, intended
for residual
waste disposal in an incinerator or landfill nearby, namely:
a.
material banned from disposal by provincial regulations:
materials
banned
from
disposal
by provincial
regulation
are
those
materials
listed
in Schedule
B of the Solid Waste
Resource
Management
Regulations
as amended from time to time.
12. 6. No person shall dump, dispose of or abandon at or near a Waste-Resource
Management Centre or any other facility licensed to receive any category of
waste- resources when the Facility is not open or when the operator or staff of the
facility refuses
to accept
waste-- resources
at that time or from that person.
12. 7
Depositing solid waste materials contrary to the above, where the quantity,
volume, weight, nature, kind or character of the solid waste or the location of the
deposit, in the opinion of the Solid Waste Manager, causes injury, damage, hazard
or potential hazard to persons, property or the environment or requires removal by
vehicle
transport
or environmental
clean- up
and/
or remediation
to restore
the site
to reasonable condition, constitutes " Illegal Dumping" under this By-Law.
12. 8
No person shall illegal dump or cause or allow illegal dumping.
12. 9
Each day that illegal dumping materials remain shall constitute a separate offense
under this By-law.
15
Solid Waste Resource Management By-Law
13. INDUSTRIAL,
COMMERCIAL,
INSTITUTIONAL
WASTE
13. 1.
The property owner, agent of an owner of an Industrial, Commercial, or
Institutional Business shall provide sufficient and adequate, containers for any
waste that may accumulate from time to time in or from the business.
13. 2. The property owner or agent of an owner of an owner of an Industrial,
Commercial, or Institutional Business shall maintain a Waste Management plan.
This plan must identify the solid waste generated and the method for storing,
recycling
and disposing of the solid waste
generated by the business. This plan
must also include a litter management
section. This plan must comply with the
provisions of the Provincial Solid Waste Resource Regulations and this by-law.
This plan must be provided to the manager within 1 business day following a
verbal
and/ or written
request.
13. 3.
The property owner or agent of an owner of an Industrial, Commercial, or
Institutional Business which generate waste shall, either personally or by
employees, contractors or agents, and in compliance with all applicable Federal,
Provincial
and Municipal
laws, remove and dispose or recycle such waste in
accordance with the waste management plan of section 14. 2
13. 4. No owner or agent of an owner of an Industrial, Commercial, or Institutional
Business
shall permit the accumulation
of waste
in or around
a premises
to the
extent that it is likely to become a nuisance or is likely to endanger the public
health.
13. 5.
The property owner or agent of a IC& I establishment offering a drive-thru service
shall provide
sufficient
and adequate
containers
for any waste
generated
as
a
result of the said service.
13. 6.
The placement of containers
required
in section
13. 5 shall be in such a manner
as
to provide access to those customers utilizing the drive-thru lane.
13. 7. The person or agent of a person who organizes
or is responsible
for a public event
held in open spaces or in temporary shelters shall maintain a written litter
management plan which complies with the provisions of the Provincial
Solid
Waste
Resource
Regulations
Section
III--Litter Abatement.
14. CONSTRUCTION AND DEMOLITION WASTE
14. 1.
The property owner or agent of an owner of an Industrial, Commercial, or
Institutional Business or of an eligible premises undergoing construction and/ or
demolition activity shall provide sufficient and adequate, containers for any waste
that may accumulate from time to time in or from the construction
or demolition
activity.
16
Solid Waste Resource Management By-Law
15. COMMERCIAL CONTAINERS
15. 1. The following provisions apply to commercial containers:
a.
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.
is equipped with a tight-fitting lid with a positive closing
device which shall be kept closed except when the
container is being loaded or unloaded or the container shall
be kept in a locked compound.
iii.
is cleaned out regularly and periodically, as necessary, to
avoid the build-up of odours.
iv.
has only those materials for which the container
is intended
deposited therein.
V.
are easily accessible to the occupants.
16. VEHICLES CARRYING WASTE
16. 1
The following provisions apply to vehicles carrying waste materials:
a.
persons who collect, transport and dispose of waste materials, ICI waste,
mixed waste, organic materials
and recyclable
materials
shall do so in a
sanitary manner; any fluid matter shall be transported
in watertight
containers having tight-fitting covers.
b.
persons who collect, transport and dispose of waste materials, ICI waste,
mixed waste, organic materials
and recyclable
materials
shall be
responsible
to ensure all wastes are delivered to approved waste
management
facilities
and in compliance
with the policies
and procedures
set out by the operators of the waste management facility, this bylaw and
with provincial
regulations.
17
Solid Waste Resource Management By-Law
C.
every vehicle used for the collection and transportation
of waste materials,
ICI waste, mixed waste, organic materials, and recyclable materials shall
have a tailgate or other restraining device and shall be completely
closed
or equipped with a tarpaulin, and such tarpaulin
shall be used to cover
such waste materials, ICI waste, mixed waste, organic materials and/ or
recyclable materials while the same is being transported.
d.
all waste materials, ICI waste, mixed waste, organic materials and
recyclable
materials
shall be transported
in such a manner that materials
shall not spill or scatter from the vehicle containing the same.
e.
the manager may inspect vehicles used for the collection or carriage of
waste materials at all reasonable times to ensure compliance with this by-
law.
16. 2
Persons who collect and transport waste materials, ICI waste, mixed waste,
organic materials
and recyclable
materials that have been placed for collection
in
accordance with Section 16 ( 1) at industrial, commercial or institutional premises
or properties
shall transport
waste
materials, ICI waste, mixed
waste, organic
materials and recyclable materials in a source separated condition and deliver the
same material in a source- separated condition to the appropriate receiving facility
in accordance with the Municipality'
s waste- resource management
system. ICI
waste contained
in bags must be placed in clear, translucent
in color bags.
17. PROHIBITIONS
17. 1.
No person
shall:
a.
pick over, remove, disturb or otherwise interfere with any waste material
that has been set out for municipal collection.
b.
remove, collect waste material placed for municipal
collection.
C.
shall
remove
a container
or organics
collection
cart placed
at curbside.
17. 2. The prohibitions
in Section 17. 1 do not apply to the person who placed the waste
material for collection or to the Municipality, its contractors or authorized
Municipal
collection
contractors.
18
Solid Waste Resource Management By-Law
18. WASTE
DISPOSAL
FEE
STRUCTURE
18. 1.
The fees and charges for the depositing of materials by haulers and persons who
transport waste materials acceptable for disposal at any waste management
facility operated by the Municipality, its contractors or its agents as part of the
Municipality'
s waste management
system shall be as prescribed in the CBRM
Solid Waste Management Policy.
18. 2. No waste disposal fee shall apply to collectible waste from eligible premises
collected through municipal collection and deposited by collection contractors
engaged by the Municipality at waste management facilities operated by the
Municipality, its contractors
or its agents.
19. VEHICLE
REGISTRATION
19. 1
Haulers using the Municipality' s waste management facilities shall comply with
the registration requirements of the Municipality including vehicle registration for
such haulers.
19. 2
The following provisions apply to vehicle registration for hauler using the
Municipality' s waste management facilities:
a.
haulers ( other than those users of cars, station wagons, mini- vans, sport
utility vehicles) using the Municipality' s waste management facilities shall
pre-register identifying information and the tare weight for each vehicle to
be used in scheduled waste collection
services operated on behalf of the
Municipality (if the hauler is also a collection contractor).
b.
haulers who wish to be granted credit privileges with the Municipality
must register adequate identifying information with the Municipality.
Each hauler and/ or each hauler' s vehicle will be assigned
a unique
identification code and/or issued appropriate physical identifying property.
The physical identifying property issued shall remain the sole property of
the Municipality
and shall be returned promptly at the expiration of its use
as determined by the Municipality at its sole discretion.
C.
each hauler and hauler' s vehicle using the Municipality' s waste
management
facilities which have been granted credit privileges
and must
present the assigned
and/ or issued identification
to the scale operator upon
entering the facility. The hauler to whom the assigned and/or issued
identification
is registered to will be invoiced for all materials
delivered
under his/ her identification.
19
Solid Waste Resource Management By-Law
20. FEE PAYMENT:
20. 1.
The following applies to the payment of fees:
a.
at Cape Breton Regional Municipality waste management facilities haulers
will be required
to obtain credit privileges. Haulers who transport
acceptable material to a facility operated by the Municipality, its
contractors
or its agents will be required to pay upon invoice in
accordance
with sections ( i) to ( iii) below:
i.
where only one scale is in operation and the tare has not
been predetermined, the vehicle will be weighed upon
entering the facility and again upon leaving. The hauler
will pay the fee upon invoice in accordance with the fee
structure prescribed in schedule
1.
ii.
where both inbound and outbound
scales are in operation,
the vehicle will be weighed upon entering the facility and
again upon leaving. The hauler will pay the fee upon
invoice in accordance with the fee structure prescribed
in
schedule
1.
iii.
where both scales are not functioning the hauler will be
charged according to the fee prescribed
in Appendix A,
Schedule
1.
20. 2
The following provisions apply to haulers who have been granted credit privileges
at any waste management facility operated by the Municipality, its contractors or
it agents:
a.
haulers granted credit privileges will receive a monthly Statement of
Accounts and payment is due within thirty ( 30) days of the end of the
statement
month.
b.
where an account for material disposal
fees remains unpaid for more than
thirty (30) days, a notice of non-payment will be sent by the Municipality.
The Municipality may advise that if payment is not received within a
specified period of time after mailing of such notice, the hauler shall be
refused admittance
to all facilities
and/ or credit privileges withdrawn until
such time as the outstanding
amounts, interest and service charges are
paid. Scale operators will be notified of all haulers on refused admittance
status or credit privileges withdrawn status and will be instructed to deny
access to the facilities as applicable. The Municipality may require the
posting of a performance
bond or any other security acceptable to the
Municipality in the event that accounts continue from time to time to be
unpaid.
20
Solid Waste Resource Management By-Law
21. DUTY
TO NAME
PERSON
RESPONSIBLE
21. 1
When a person is identified as owner of any materials dump or deposited on a
premise in violation of this by-law, the owner of the materials on the request of a
peace officer shall, within forty-eight hours of the request, supply the peace
officer with the name and address of the person( s) responsible of the illegal
dumping of materials. When a materials owner, who refuses, fails, neglects or is
unable to supply the name and address of the person( s) responsible for the illegal
dumping of materials within forty-eight hours after being requested, shall be
liable for the infraction under section 12. 0 of this By- law.
21. 2
Where under this section of the by-law a motor vehicle is operating in violation of
this By- Law, the registered owner of the vehicle on request of any peace officer
shall, within forty-eight hours of the request, supply the peace officer with the
name of address of the person in charge of the vehicle at the time of such
violation. When a motor vehicle register owner, who refuses, fails, neglects or is
unable to supply the name and address of the person( s) responsible infraction of
this By-Law within Forty-eight hours after being requested, shall be liable for the
infraction under section 19. 0 of this By-Law.
22. PENALTIES
22. 1
Any person who contravenes any provision of this by-Law shall be liable upon
summary conviction for every such offense to a penalty of not less than six
hundred & ninety
seven dollars & fifty cents ($ 697. 50) and not exceeding fifty
thousand
dollars ($ 50, 000) or in default of payment, to imprisonment
for a term
not exceeding ninety days ( 90 days) and each day that the offence continues shall
constitute
a new offence.
22. 2
Any person alleged to have violated this bylaw who is given notice of the alleged
violation and where the said notice so provides for payment , may pay a penalty in
the
amount
of six hundred & ninety
seven dollars & fifty cents ( $
697. 50 ) to the
CAPE BRETON REGIONAL
MUNICIPALITY
provided that said payment is
made within
a period
of fourteen days ( 14) following the day on which the
alleged violation was committed, and said payment shall be in full satisfaction ,
releasing and discharging all penalties and imprisonments incurred by the person
for said violation .
22. 3
In addition to any fine or imprisonment
imposed pursuant to subsection 21. 1, the
court or judge may order the person convicted to pay all expenses incurred in
correcting the contravention of the By- law or any damages associated with such
contravention.
21
Solid Waste Resource Management By-Law
22. 4
Where any person is in contravention of any provision of this By- law, the Manager
may direct in writing that the contravention be remedied by that person in the
manner and within the time specified in the written direction.
23. REPEAL
23. 1 The following are hereby repealed:
Cape Breton Regional Municipality Garbage Collection By- Law.
Passed and
adopted
by the Cape Breton
Regional
Municipal
Council
on the
8th day of July, 2003
and amended
on the
15th day of November, 2005, the
20th day of June, 2006, the
27th
day of
February, 2018, and the
18th day of June, 2019.
Publication
Date: July 12, 2003
MAYOR
CECIL
P. CLARKE
Amendments:
November
15,
2005 ( published
Nov. 19, 2005)
June 20, 2006( published June
27, 2006)
MUNICIPAL
CLERK
February
27, 2018( published March 6, 2018)
June
18, 2019(
published June
22, 2019)
DEBORAH CAMPBELL RYAN
22
No. 5- 300
CAPE BRETON REGIONAL MUNICIPALITY
SOLID
WASTE
RESOURCE
MANAGEMENT
BY-LAW"
1.
TITLE
1. 1
This By- Law shall be known and may be cited as the " Solid Waste Resource
Management By-Law".
2.
DEFINITIONS
2. 1
In this By-law the following words and phrases shall have the following
meanings:
a.
containers
recyclables"
means glass bottles and jars; aluminum, steel and
tin cans; high density polyethylene, low density polyethylene, and
polyethylene
terephthalate
plastic bottles, containers
and bags; milk and
juice cartons; beer and liquor containers; tetra packs and mini- sip
containers; or other items as designated
from time to time.
b.
box board" means cereal, shoe, tissue, detergent, cracker, cookie, baking
product and frozen food boxes, toilet paper rolls and paper towel rolls or
other similar items.
C.
collectible waste" means material originating
from eligible premises and
placed curbside by the owner or occupant for collection by a collection
contractor or by an agent of the Municipality. These materials include
mixed
waste, recyclable
materials
and
organic
materials.
d.
collection contractor" means any company, person or persons and the
agents of such persons under contract with the Municipality to collect
collectible waste from eligible premises.
e.
collection day" means any day which is scheduled by the Municipality
for municipal collection of collectible
waste.
f.
commercial
container" means any container used for the storage of ICI
waste materials 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 Municipality
for
collection by a hauler.
g.
commercial
enterprise" means an enterprise which is assessed
a business
occupancy tax by the Municipality.
h.
commercial premises" means any lot of land which contains one or more
commercial
enterprises.
1
Solid Waste Resource Management By-Law
i.
condominium"
means the division of land and buildings
intended to be
used as condominiums
in Nova Scotia and is registered under the
Condominium Act, revised statutes of Nova Scotia, 1989. Chapter 85.
j.
construction and demolition waste" means material generated as a result
of construction, demolition, or renovation
activities. This includes
materials normally used in the construction of buildings, structures,
roadways, walls and other landscaping material such as asphalt, brick,
mortar, concrete, drywall, plaster, cellulose, fiberglass
fibers, lumber,
wood, asphalt
shingles
and
metals.
k.
Container recyclables" means
1.
Council" or " council" means the Council of the Cape Breton Regional
Municipality.
M. " dwelling " means a building, or a unit in a building, occupied or intended
to be occupied as a home, residence or sleeping place by one or more
persons but does not include a hotel, motel, guesthouse
or inn.
n.
eligible premises" means those properties within the Municipality which
are eligible for municipal curbside collection
as defined in Section 6 of
this By-law.
o.
Fiber recyclables"
means mixed paper, corrugated
cardboard, box board,
newsprint, magazines, catalogues, flyers, telephone
and other soft cover
books and paper egg cartons or other similar items designated by Council
from time to time.
P_
Green cart means an aerated cart supplied to eligible premises by the
Municipality for the collection of organic materials.
q.
hauler" means any company, person or persons who transports waste
materials including, without limitation, ICI waste, mixed waste, recyclable
materials, or organic
materials to waste management
facilities approved
for operation with the CBRM. This does not include infrequent users of
these facilities such as residents of eligible premises hauling materials in
an unregistered
vehicle from their premises.
r.
household
special waste" or" HSW" means waste- resource materials of a
potentially hazardous nature generated in households including, but not
restricted to solvents, glues, cleaners, paints and finishes, asphalt sealers,
kerosene, pesticides, lawn and garden chemicals, poisons, propane tanks,
roofing
tar, pool chemicals, batteries, etc. For the purposes of this bylaw,
household
special waste does not include PCB' s, radioactive
materials,
2
Solid Waste Resource Management By-Law
explosives, fireworks, pathological
wastes, ammunition, oil, gas, oil gas
mixes,
etc.
S.
industrial, commercial, institutional waste" or " ICP' waste" means
material
of similar
composition
as mixed
waste
collected
within
the
Municipality
other than waste generated in an eligible premise.
t.
international
waste" means waste imported into Canada from any country
other than the United States which contains or is suspected of containing
an animal product or animal by-product and which was intended to be
served or was served for consumption by the passengers or crew of an
aircraft or ship.
U.
leaf and yard waste" means sods, grass clippings, leaves, branches, brush,
bushes, twigs less than I inch in diameter, house and garden plants,
sawdust and wood shavings
or other similar items and natural Christmas
trees ( without decorations
and tree stands).
V.
litter" means any intentionally or accidentally discarded waste not placed
in a proper receptacle, or container for recycling, organics, collection or
for disposal.
W. "
manager" or Manager" means the Manager of Solid Waste for the Cape
Breton Regional Municipality, the successor to such position, or a person
designated by the Manager to act in place of the Manager.
X.
materials recovery facility" means a facility designed to receive, sort,
process, store and ship to market recyclable materials.
Y_
mini bins" means a small container supplied to eligible premises by the
Municipality
for the collection of organic materials. The mini bin is
intended for household use only, not curbside use.
Z.
mixed waste" means and includes all collectible
waste other than that
which is collected as recyclable materials or organic materials including:
i.
broken bottles, crockery, glassware, floor sweepings,
discarded clothing, cloth, leather, jute, non-recyclable
plastic
and metal, non- recyclable
packaging,
non- repairable
household
goods and other household waste.
ii.
glass that is tightly wrapped in cardboard or other suitable
material and clearly marked to prevent injury to collection
personnel.
3
Solid Waste Resource Management By-Law
iii.
ashes and soot that is completely cold placed in clear
plastic disposable watertight bags securely tied and marked
ashes"
or"
soot".
iv.
manure, excretes or litter from companion pets residing in
an eligible premise where the material
is double bagged
and securely tied in clear watertight bags and then placed in
an eligible
container.
V.
other items not specifically
designated
as mixed waste
except as excluded by this by- law.
aa. "
mixed waste regulation
container" means a container
as specified
in
Section 8 for the collection of mixed waste.
bb. "
municipal
collection"
means
the
scheduled
curbside
collection
of
collectible waste from eligible premises made by or on behalf of the
Municipality, at the expense of the Municipality.
cc. "
Municipality" or" municipality" means the Cape Breton Regional
Municipality.
dd. "
non- collectible
waste" means all material not eligible for curbside
collection
and without limitation
includes:
i.
residential
bulk waste
ii.
white
goods
iii.
oil tanks
iv.
liquid waste or material that has attained a fluid consistency
and has not been drained.
V.
highly combustible or explosive materials, including
without limitation, celluloid cuttings, motion picture film,
oil or gasoline
soaked
rags, gas containers,
chemicals,
acids
or other combustible residues, fine dry dust, ammunition,
dynamite, or other similar material.
vi.
material that is considered pathogenic
or biomedical
including, without limitation, dressings, bandages or other
potentially infected material or hypodermic
needles
discarded
in the course of the practice of physicians,
surgeons, dentists or veterinarians.
4
Solid Waste Resource Management By-Law
vii.
carcasses or parts of any animal except food waste.
viii.
waste listed or characterized as hazardous by any federal or
provincial
law.
ix.
sheet iron, large pieces of scrap metal or machine parts,
automobile
parts, fuel tanks and bodies.
X.
septic tank pumping, raw sewage or industrial sludge;
xi.
radioactive
materials.
xii.
soil, rock, stumps, and trees greater than
inch in diameter.
xiii.
waste materials resulting from construction, demolition or
renovation
activities.
xiv.
industrial waste material from factories
or other
manufacturing
processes.
xv.
manure, kennel waste, excreta, fish processing waste.
xvi.
lead- acid automotive
batteries
and propane tanks/ cylinders.
xvii.
waste material from commercial
containers.
xviii.
waste material which has not been placed for collection
in
accordance with the provisions of this by- law.
xix.
materials banned from landfill disposal by the Nova Scotia
Department
of the Environment
unless
such materials
are
recyclable materials or organic materials from eligible
premises.
ee. "
oil tanks"
means
residential
oil tanks
to a maximum
size of 200 gallons.
ff. "organic materials" means food waste, boxboard, soiled and non- recyclable
paper, and other material of plant or animal origin as designated by Council
from time to time.
gg. " organic
materials
regulation
container"
means
a cart or other
container
as
specified in Section 8 for the collection of organic materials.
5
Solid Waste Resource Management By-Law
hh. provincial
disposal bans" means materials
banned from disposal in landfills
and incinerators
under the Solid Waste--
Resource
Management
Regulations
of the Environment Act of the Province of Nova Scotia as updated and
amended from time to time.
ii. " private road" is a road as defined by the Subdivision By-law of CBRM.
J. " recyclable materials" means fiber recyclables, containers recyclables and
other
materials
of a recyclable
nature.
kk. "residential bulk items" means large items of a household nature including but
not limited to furniture, stoves, mattresses, bed springs, barrels, water tanks,
and dishwashers.
ll. " residential food waste" means fruit and vegetable
peelings, table scraps,
bread, grain, rice and pasta, egg shells, coffee grounds and filters, tea leaves
and tea bags or other similar items suitable for disposal in a green cart.
mm. "
soiled
and non- recyclable
paper" means
napkins, paper towel & fast food
wrappers, wax paper, wrapping paper, paper plates and cups, soiled
newspaper
and flyers, sugar, flour & potato paper bags or other similar items.
nn. " source separated composting facility" means a facility designed to receive,
process
and compost
organic
materials.
oo. " transfer station" means a facility operated by or on behalf of the Municipality
for unloading and consolidating waste, recyclables or organics from vehicles
for transport to another waste management facility in larger loads.
pp. " treasurer" means the Director of Finance for the Municipality, the successor
to this position or a person designated by the Director to act in his/ her place.
qq. " unlisted bungalow road" is an unlisted bungalow road as defined by the
Subdivision By- law of CBRM.
rr. " unlisted road" is an unlisted road as defined by the CBRM Subdivision By-
law of CBRM.
ss. " unit" means a self-contained portion of a building occupied as a separate
residence.
tt. " unnamed road" means any street or road which is not a public street/ road, is
unnamed
and extends to and has access to a public street/ road
6
Solid Waste Resource Management By-Law
uu. " waste disposal fees" means per tonne fees, or per load fees, charged by the
Municipality
for the acceptance of waste, mixed waste, recyclable materials,
and organic materials within the municipal waste disposal system.
vv. " waste management
facilities" means facilities for the management
of mixed
waste, recyclable
materials,
and
organic
materials
operated
within
the
Municipality, its contractors
or its agents and includes, without limitation, the
landfill, materials
recovery facility( s), source- separated composting facility(s),
transfer stations( s) and construction
and demolition recycling disposal
facilities.
ww. " white goods" means any large household appliance including but not
limited to refrigerators, freezers, air conditioners, stoves, washers, and dryers.
3.
THE COUNCIL
3. 1
Pursuant to Section 49( 1)( b) of the Municipal Government Act, the Council may,
by policy, regulate the use of solid-waste management facilities, providing for
times and conditions under which they may be used and setting charges for the
use of solid-waste management facilities operated by the Municipality.
3. 2
In
accordance
with
Section
3. 1, Council has enacted a policy designating the
hours of operation
for waste management
facilities
and the fees
and charges
for
depositing materials at waste management facilities, which policy is known as the
CBRM Solid Waste Management Policy.
4.
THE MANAGER
4. 1.
The manager or his designate shall administer the provisions of this By- Law and,
for this purpose, may:
a.
divide the Municipality into areas for the purposes of curbside collection
of collectible waste from eligible premises
on various days of the week.
b.
designate a particular day of the week for curbside collection of collectible
waste in each designated
collection
area.
C.
alter the boundaries of curbside collection areas as deemed necessary on
reasonable
notice
to the public.
d.
administer and liaise with any collection contractor who may be hired by
the Municipality to carry out curbside collection of collectible waste
within the Municipality.
7
Solid Waste Resource Management By-Law
e.
designate the conditions
and guidelines relating to the acceptance of
curbside waste materials
at waste management
facilities owned and
operated by the CBRM in compliance with applicable provincial
regulations and this by-law.
f.
administer a system for collection of" bulk waste" and " white goods",
from eligible premises.
g.
administer the residential
household
special waste system.
5.
THE PUBLIC
5. 1
The owner
or occupier
of an eligible
premises
shall:
a.
provides
sufficient
and
adequate
containers
to contain
waste
generated
at
the
eligible
premises.
b.
provide separate containers
for mixed waste, organic waste and for
recyclable
waste.
C.
ensure that each container
is covered and secured at all times except when
being emptied or filled.
d.
store collectible waste outside the main building on the eligible premises
only in secured regulation containers made inaccessible to pests or
animals.
e.
ensure the proper preparation
of all collectible
waste in accordance
with
this by-law.
f.
ensure that collectible
waste is placed for collection
in accordance with
this by-law.
g.
ensure
that collectible
waste
remains
within
adequate
containers.
5. 2
No
owner
or occupier
of any
eligible
premises
shall permit
any
waste
to
accumulate
upon any premises
so owned or occupied, and shall provide for the
removal of all waste from the premises at times designated by Municipality.
8
Solid Waste Resource Management By-Law
6.
ELIGIBLE PREMISES
6. 1
Eligible premises include the following:
a.
single family dwellings including mobile homes.
b.
multi- unit residential dwellings that constitute
a unit in a duplex, row
house or townhouse where every unit has street or road frontage.
C.
multi- unit apartment
buildings
to a maximum
of six ( 6) units. ( limited to 5
bags per unit to a total 30 bags)
d.
fire halls
e.
condominium
buildings
6. 2
Owners and occupants
of properties
not defined herein as eligible premises
shall
not place any waste materials at the curbside of such properties for municipal
collection.
7.
COLLECTIBLE
MATERIAL -- PREPARATION AND RESTRICTIONS
7. 1
No material shall be placed out or caused to be placed out for municipal
curbside
collection by any person except in accordance with the following:
a.
for eligible premises as outlined in section 6. 1 of this by-law a maximum
of five ( 5) mixed waste regulation
containers.
b.
ashes or soot generated by eligible premises are not eligible for municipal
collection, except ashes and soot that are completely cold, and double
bagged in clear plastic disposable watertight bags, meeting the
requirements of section 8. 2 ( a). The bag must be securely tied and marked
ashes"
or" soot". This container
is considered
an eligible container
as per
section 7. 1 (
a), ( b) or, ( c).
C.
there shall be no limit to the amount of blue bags recyclables and blue bag
fiber recyclables
eligible for municipal
collection
from eligible premises.
d.
no person shall place for municipal collection any non-collectible waste.
e.
where the Municipality establishes separate municipal curbside collection
of organic materials, the following conditions and restrictions shall apply
to all such collection:
i.
a maximum of one ( 1) green cart may be placed for
curbside
collection.
9
Solid Waste Resource Management By-Law
8.
REGULATION CONTAINERS FOR MUNICIPAL COLLECTION
8. 1
The owner or occupant of each eligible premise shall be responsible
to contain
designated
collectible
waste so as to prevent the escape of waste materials
into the
environment. The owner or occupant of each eligible premise
is responsible
to
gather waste material placed for curbside collection that has escaped from its
container.
8. 2
Only containers which meet the following specifications and requirements shall
be utilized for the purposes of municipal collection.
a.
Plastic Bag Specifications Mixed
Waste: Clear Garbage Bags
i.
bags must be watertight and securely tied with an overall
length of between 0. 5 meters and
1 meter when empty.
ii.
bag weight not to exceed 12 kilograms including contents.
iii.
bags must have a thickness
sufficient to prevent breakage,
tearing or splitting upon collection.
iv.
bags must be clear, translucent in color when placing more
than
one ( 1) bag of garbage curbside. The one dark bag
used curbside can be dark, colored or tinted. The bag must
not be yellow, red, orange or transparent blue in color for
mixed
waste.
b.
Container Specifications Mixed Waste: Garbage Cans
i.
containers
must be watertight, secured with a cover,
equipped with handles
in good repair and tapered to be as
large or larger at the top as at the bottom.
ii.
the weight of the container including contents shall not
exceed 24 kilograms, the height shall be not less than 46
and not more than 76 centimeters, and the diameter shall be
between
38 and 51 centimeters.
iii.
containers
shall be made of metal, plastic or other
impermeable
material of sufficient thickness to prevent
breakage or splitting upon collection.
iv.
containers must be maintained in a neat and sanitary and
waterproof condition
and kept in good repair
10
Solid Waste Resource Management By-Law
C.
Storage Containers: Roadside Boxes
i.
outdoor, roadside boxes or bins are acceptable for storing
containers or bags for mixed waste provided they meet the
following specifications:
1.
a box or bin constructed of wood or other material
suitable for storing containers or bags or mixed
waste as long as the box or bin is rodent and animal
proof.
2.
boxes or bins must be affixed with a lid weighing
not more than 5 kilograms.
3.
boxes or bins shall at all times be maintained
in a
neat and sanitary condition and kept in good repair.
4.
waste collectors will remove waste from storage
containers
located consistent with section 9. 2;
however, the municipality
or collector is
indemnified
against damage to bins or containers
resulting from collection activity.
d.
Organic Materials:
Green Carts and Mini Bins
i.
where the Municipality
establishes
a separate collection for
organic materials, the following organic materials
regulation
containers
shall be used:
1.
eligible
premises
that receive
curbside
collection
will be delivered and assigned
one green cart and
one mini bin by the Municipality. The Municipality
will establish the number of cart( s) and mini bin( s)
assigned
to types
of eligible
premises.
2.
green cart( s) and mini bin( s) assigned to eligible
premises
are to remain
with those
eligible
premises.
3.
owners
or occupants
of eligible
premises
are
responsible for the care and cleaning of each green
cart and mini bin which have been assigned to their
eligible
premises.
11
Solid Waste Resource Management By-Law
4.
repair to damage green cart( s) or replacement
of
green cart( s) or mini- bin( s) assigned to eligible
premises
due to misuse, alterations
or abuse
involving the owner or occupant of the eligible
premises shall be the responsibility of the owner or
occupant
of the eligible
premises
to which
the
cart( s) or mini- bin( s) is assigned.
5.
owners
or occupants
of eligible
premises
shall
make
the green
cart( s) assigned
to eligible
premises
available to the Municipality
or its contractors or
agents within reasonable
time frame upon request
for inspection or repair purposes or for
identification of the serial number.
6.
owners
or occupants
of eligible
premises
are
responsible
for the green cart( s) and mini bin( s)
assigned to the eligible premises and used by
tenants who are renting or leasing the premises.
a.
Plastic Bag Specifications Blue Bags: Blue Transparent
Plastic
Bags
i.
blue bag recyclable containers must be placed in watertight
transparent blue bags with a thickness sufficient to prevent
breakage, tearing or splitting upon collection. These bags
shall have an overall length of between
0. 5 meters and
1
meter when empty. These bags shall be securely tied.
ii. blue bag recyclable fiber must be placed in watertight
transparent blue bag with a thickness sufficient to prevent
breakage, tearing or splitting upon collection. These bags
shall have an overall length of between
0. 5 meters and
1
meter when empty. These bags shall be securely tied.
iii. all materials must be securely contained so as to prevent
material from escaping into the environment.
iv. corrugated cardboard may be tied in bundles not greater
than 0. 65 meters x l- meter x 0. 20 meters ( 2 ft. x 3 ft. x 8
in.) or may be placed in the blue bag for fiber.
V.
the weight of each blue bag, including contents, placed for
blue bag collection must not exceed 12 kilograms.
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Solid Waste Resource Management By-Law
b. Storage Containers: Roadside Boxes Blue Bags
i.
outdoor, roadside boxes or bins are acceptable for storing
fiber and container recyclable materials provided they meet
the following specifications:
1.
blue box or blue bin constructed of wood or other
material suitable for storing blue bags as long as the
box or bin is rodent and animal proof.
2.
blue boxes or blue bins must be affixed with a lid
weighing not more than 5 kilograms.
3.
blue boxes or blue bins shall at all times be
maintained
in a neat, sanitary condition and kept in
good repair.
4.
blue bag collectors will remove waste from storage
containers
located consistent with section 9. 2;
however, the municipality
or collector is
indemnified
against damage to bins or containers
resulting from collection activity.
9. PLACEMENT OF MATERIALS
9. 1.
Collectible
waste shall be placed for municipal
collection
in accordance with this
By-Law.
9. 2. Collection is at the curb only. All regulations containers must be placed at end of
a driveway and/or at the edge of a property abutting the street, road or highway
without obstructing the street, road or highway.
9. 3.
Materials must be placed for municipal collection with approximately 1- meter
spacing between each waste stream
9. 4.
Green carts must be placed at the curb in an upright position with the lid closed
and the front of the green cart facing the street, road or highway.
9. 5.
Owners or occupants of eligible premises on private roads, unlisted roads,
unlisted bungalow roads, unnamed roads and in trailer parks are eligible for
curbside collection on theses roads if the road is safely passable by a collection
vehicle. If these roads are not safely passable by a collection vehicle, the
collectible waste must be brought to the nearest intersection with a public street or
road and placed in accordance with this By- Law, where it shall be collected.
13
Solid Waste Resource Management By-Law
10.
COLLECTION TIMES &
FREQUENCIES
10. 1.
Collection will commence at the following times on the collection days
designated in the following areas of the municipality:
a.
8: 00 a.m. in all areas of the Municipality having daytime collection.
b.
12 midnight in all areas of the Municipality having overnight collection.
10. 2. No person shall place collectible waste out for collection before 7: 00 p. m. the
evening of the day prior to the collection day applicable in that area of the
Municipality.
10. 3.
Where an area is designated to receive bi- weekly recyclable collection, no person
shall place blue bag material out for curbside collection on the week not
designated for the area' s recyclable
collection week applicable
in that section of
the Municipality.
10. 4. Any materials not collected must be removed from curbside by 9: 00 p. m. on the
day of collection.
10. 5.
Collectible waste must be placed for collection by the designated commencement
time for collection in the area.
10. 6. When a regularly scheduled day for collection falls on a Federal, Provincial or
Civic holiday, the collection day may be modified to occur on an alternate day as
designated by the Manager.
11. HOUSEHOLD
SPECIAL
WASTE
11. 1.
The Manager may designate the place and time, including the days and hours of
operation
and the materials
eligible for the disposal of household
special waste in
the Municipality. This includes the operation of a permanent household
special
waste depot in the Municipality.
11. 2. The household special waste depot(s) may only be used by residents of the
Municipality
for the proper disposal of household special waste originating within
the Municipality.
11. 3.
All persons are prohibited from disposing of industrial, commercial and
institutional
waste at the permanent household
special waste depot.
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Solid Waste Resource Management By-Law
12. ILLEGAL DUMPING/ LITTER
12. 1.
No
owner
or
occupier
of
property
in
the
Municipality
shall
permit
the
accumulation of solid waste in or around the property to the extent that it is likely
to become
a nuisance or hazard to the public health.
12. 2. Owners
and occupants
are responsible
to provide for the lawful
collection
and
disposal of all solid waste that is not subject to municipal collection.
12. 3.
No person
shall place waste for curbside
collection
on a property
other than a
property owned and occupied by such person or in respect of which the person
has obtained the consent of the owner or occupier for that purpose.
12. 4. No person shall dump, abandon or dispose of waste-resources at any public or
private place unless that place is duly licensed to receive and dispose of the
particular
category
of waste- resources.
12. 5. No person shall dispose of or cause the disposal of the following materials at any
licensed solid waste-resource management facility, or deposit any such materials
in a storage
area, storage
container
or collection
container, intended
for residual
waste disposal in an incinerator or landfill nearby, namely:
a.
material banned from disposal by provincial regulations:
materials
banned
from
disposal
by provincial
regulation
are
those
materials
listed
in Schedule
B of the Solid Waste
Resource
Management
Regulations
as amended from time to time.
12. 6. No person shall dump, dispose of or abandon at or near a Waste-Resource
Management Centre or any other facility licensed to receive any category of
waste- resources when the Facility is not open or when the operator or staff of the
facility refuses
to accept
waste-- resources
at that time or from that person.
12. 7
Depositing solid waste materials contrary to the above, where the quantity,
volume, weight, nature, kind or character of the solid waste or the location of the
deposit, in the opinion of the Solid Waste Manager, causes injury, damage, hazard
or potential hazard to persons, property or the environment or requires removal by
vehicle
transport
or environmental
clean- up
and/
or remediation
to restore
the site
to reasonable condition, constitutes " Illegal Dumping" under this By-Law.
12. 8
No person shall illegal dump or cause or allow illegal dumping.
12. 9
Each day that illegal dumping materials remain shall constitute a separate offense
under this By-law.
15
Solid Waste Resource Management By-Law
13. INDUSTRIAL,
COMMERCIAL,
INSTITUTIONAL
WASTE
13. 1.
The property owner, agent of an owner of an Industrial, Commercial, or
Institutional Business shall provide sufficient and adequate, containers for any
waste that may accumulate from time to time in or from the business.
13. 2. The property owner or agent of an owner of an owner of an Industrial,
Commercial, or Institutional Business shall maintain a Waste Management plan.
This plan must identify the solid waste generated and the method for storing,
recycling
and disposing of the solid waste
generated by the business. This plan
must also include a litter management
section. This plan must comply with the
provisions of the Provincial Solid Waste Resource Regulations and this by-law.
This plan must be provided to the manager within 1 business day following a
verbal
and/ or written
request.
13. 3.
The property owner or agent of an owner of an Industrial, Commercial, or
Institutional Business which generate waste shall, either personally or by
employees, contractors or agents, and in compliance with all applicable Federal,
Provincial
and Municipal
laws, remove and dispose or recycle such waste in
accordance with the waste management plan of section 14. 2
13. 4. No owner or agent of an owner of an Industrial, Commercial, or Institutional
Business
shall permit the accumulation
of waste
in or around
a premises
to the
extent that it is likely to become a nuisance or is likely to endanger the public
health.
13. 5.
The property owner or agent of a IC& I establishment offering a drive-thru service
shall provide
sufficient
and adequate
containers
for any waste
generated
as
a
result of the said service.
13. 6.
The placement of containers
required
in section
13. 5 shall be in such a manner
as
to provide access to those customers utilizing the drive-thru lane.
13. 7. The person or agent of a person who organizes
or is responsible
for a public event
held in open spaces or in temporary shelters shall maintain a written litter
management plan which complies with the provisions of the Provincial
Solid
Waste
Resource
Regulations
Section
III--Litter Abatement.
14. CONSTRUCTION AND DEMOLITION WASTE
14. 1.
The property owner or agent of an owner of an Industrial, Commercial, or
Institutional Business or of an eligible premises undergoing construction and/ or
demolition activity shall provide sufficient and adequate, containers for any waste
that may accumulate from time to time in or from the construction
or demolition
activity.
16
Solid Waste Resource Management By-Law
15. COMMERCIAL CONTAINERS
15. 1. The following provisions apply to commercial containers:
a.
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.
is equipped with a tight-fitting lid with a positive closing
device which shall be kept closed except when the
container is being loaded or unloaded or the container shall
be kept in a locked compound.
iii.
is cleaned out regularly and periodically, as necessary, to
avoid the build-up of odours.
iv.
has only those materials for which the container
is intended
deposited therein.
V.
are easily accessible to the occupants.
16. VEHICLES CARRYING WASTE
16. 1
The following provisions apply to vehicles carrying waste materials:
a.
persons who collect, transport and dispose of waste materials, ICI waste,
mixed waste, organic materials
and recyclable
materials
shall do so in a
sanitary manner; any fluid matter shall be transported
in watertight
containers having tight-fitting covers.
b.
persons who collect, transport and dispose of waste materials, ICI waste,
mixed waste, organic materials
and recyclable
materials
shall be
responsible
to ensure all wastes are delivered to approved waste
management
facilities
and in compliance
with the policies
and procedures
set out by the operators of the waste management facility, this bylaw and
with provincial
regulations.
17
Solid Waste Resource Management By-Law
C.
every vehicle used for the collection and transportation
of waste materials,
ICI waste, mixed waste, organic materials, and recyclable materials shall
have a tailgate or other restraining device and shall be completely
closed
or equipped with a tarpaulin, and such tarpaulin
shall be used to cover
such waste materials, ICI waste, mixed waste, organic materials and/ or
recyclable materials while the same is being transported.
d.
all waste materials, ICI waste, mixed waste, organic materials and
recyclable
materials
shall be transported
in such a manner that materials
shall not spill or scatter from the vehicle containing the same.
e.
the manager may inspect vehicles used for the collection or carriage of
waste materials at all reasonable times to ensure compliance with this by-
law.
16. 2
Persons who collect and transport waste materials, ICI waste, mixed waste,
organic materials
and recyclable
materials that have been placed for collection
in
accordance with Section 16 ( 1) at industrial, commercial or institutional premises
or properties
shall transport
waste
materials, ICI waste, mixed
waste, organic
materials and recyclable materials in a source separated condition and deliver the
same material in a source- separated condition to the appropriate receiving facility
in accordance with the Municipality'
s waste- resource management
system. ICI
waste contained
in bags must be placed in clear, translucent
in color bags.
17. PROHIBITIONS
17. 1.
No person
shall:
a.
pick over, remove, disturb or otherwise interfere with any waste material
that has been set out for municipal collection.
b.
remove, collect waste material placed for municipal
collection.
C.
shall
remove
a container
or organics
collection
cart placed
at curbside.
17. 2. The prohibitions
in Section 17. 1 do not apply to the person who placed the waste
material for collection or to the Municipality, its contractors or authorized
Municipal
collection
contractors.
18
Solid Waste Resource Management By-Law
18. WASTE
DISPOSAL
FEE
STRUCTURE
18. 1.
The fees and charges for the depositing of materials by haulers and persons who
transport waste materials acceptable for disposal at any waste management
facility operated by the Municipality, its contractors or its agents as part of the
Municipality'
s waste management
system shall be as prescribed in the CBRM
Solid Waste Management Policy.
18. 2. No waste disposal fee shall apply to collectible waste from eligible premises
collected through municipal collection and deposited by collection contractors
engaged by the Municipality at waste management facilities operated by the
Municipality, its contractors
or its agents.
19. VEHICLE
REGISTRATION
19. 1
Haulers using the Municipality' s waste management facilities shall comply with
the registration requirements of the Municipality including vehicle registration for
such haulers.
19. 2
The following provisions apply to vehicle registration for hauler using the
Municipality' s waste management facilities:
a.
haulers ( other than those users of cars, station wagons, mini- vans, sport
utility vehicles) using the Municipality' s waste management facilities shall
pre-register identifying information and the tare weight for each vehicle to
be used in scheduled waste collection
services operated on behalf of the
Municipality (if the hauler is also a collection contractor).
b.
haulers who wish to be granted credit privileges with the Municipality
must register adequate identifying information with the Municipality.
Each hauler and/ or each hauler' s vehicle will be assigned
a unique
identification code and/or issued appropriate physical identifying property.
The physical identifying property issued shall remain the sole property of
the Municipality
and shall be returned promptly at the expiration of its use
as determined by the Municipality at its sole discretion.
C.
each hauler and hauler' s vehicle using the Municipality' s waste
management
facilities which have been granted credit privileges
and must
present the assigned
and/ or issued identification
to the scale operator upon
entering the facility. The hauler to whom the assigned and/or issued
identification
is registered to will be invoiced for all materials
delivered
under his/ her identification.
19
Solid Waste Resource Management By-Law
20. FEE PAYMENT:
20. 1.
The following applies to the payment of fees:
a.
at Cape Breton Regional Municipality waste management facilities haulers
will be required
to obtain credit privileges. Haulers who transport
acceptable material to a facility operated by the Municipality, its
contractors
or its agents will be required to pay upon invoice in
accordance
with sections ( i) to ( iii) below:
i.
where only one scale is in operation and the tare has not
been predetermined, the vehicle will be weighed upon
entering the facility and again upon leaving. The hauler
will pay the fee upon invoice in accordance with the fee
structure prescribed in schedule
1.
ii.
where both inbound and outbound
scales are in operation,
the vehicle will be weighed upon entering the facility and
again upon leaving. The hauler will pay the fee upon
invoice in accordance with the fee structure prescribed
in
schedule
1.
iii.
where both scales are not functioning the hauler will be
charged according to the fee prescribed
in Appendix A,
Schedule
1.
20. 2
The following provisions apply to haulers who have been granted credit privileges
at any waste management facility operated by the Municipality, its contractors or
it agents:
a.
haulers granted credit privileges will receive a monthly Statement of
Accounts and payment is due within thirty ( 30) days of the end of the
statement
month.
b.
where an account for material disposal
fees remains unpaid for more than
thirty (30) days, a notice of non-payment will be sent by the Municipality.
The Municipality may advise that if payment is not received within a
specified period of time after mailing of such notice, the hauler shall be
refused admittance
to all facilities
and/ or credit privileges withdrawn until
such time as the outstanding
amounts, interest and service charges are
paid. Scale operators will be notified of all haulers on refused admittance
status or credit privileges withdrawn status and will be instructed to deny
access to the facilities as applicable. The Municipality may require the
posting of a performance
bond or any other security acceptable to the
Municipality in the event that accounts continue from time to time to be
unpaid.
20
Solid Waste Resource Management By-Law
21. DUTY
TO NAME
PERSON
RESPONSIBLE
21. 1
When a person is identified as owner of any materials dump or deposited on a
premise in violation of this by-law, the owner of the materials on the request of a
peace officer shall, within forty-eight hours of the request, supply the peace
officer with the name and address of the person( s) responsible of the illegal
dumping of materials. When a materials owner, who refuses, fails, neglects or is
unable to supply the name and address of the person( s) responsible for the illegal
dumping of materials within forty-eight hours after being requested, shall be
liable for the infraction under section 12. 0 of this By- law.
21. 2
Where under this section of the by-law a motor vehicle is operating in violation of
this By- Law, the registered owner of the vehicle on request of any peace officer
shall, within forty-eight hours of the request, supply the peace officer with the
name of address of the person in charge of the vehicle at the time of such
violation. When a motor vehicle register owner, who refuses, fails, neglects or is
unable to supply the name and address of the person( s) responsible infraction of
this By-Law within Forty-eight hours after being requested, shall be liable for the
infraction under section 19. 0 of this By-Law.
22. PENALTIES
22. 1
Any person who contravenes any provision of this by-Law shall be liable upon
summary conviction for every such offense to a penalty of not less than six
hundred & ninety
seven dollars & fifty cents ($ 697. 50) and not exceeding fifty
thousand
dollars ($ 50, 000) or in default of payment, to imprisonment
for a term
not exceeding ninety days ( 90 days) and each day that the offence continues shall
constitute
a new offence.
22. 2
Any person alleged to have violated this bylaw who is given notice of the alleged
violation and where the said notice so provides for payment , may pay a penalty in
the
amount
of six hundred & ninety
seven dollars & fifty cents ( $
697. 50 ) to the
CAPE BRETON REGIONAL
MUNICIPALITY
provided that said payment is
made within
a period
of fourteen days ( 14) following the day on which the
alleged violation was committed, and said payment shall be in full satisfaction ,
releasing and discharging all penalties and imprisonments incurred by the person
for said violation .
22. 3
In addition to any fine or imprisonment
imposed pursuant to subsection 21. 1, the
court or judge may order the person convicted to pay all expenses incurred in
correcting the contravention of the By- law or any damages associated with such
contravention.
21
Solid Waste Resource Management By-Law
22. 4
Where any person is in contravention of any provision of this By- law, the Manager
may direct in writing that the contravention be remedied by that person in the
manner and within the time specified in the written direction.
23. REPEAL
23. 1 The following are hereby repealed:
Cape Breton Regional Municipality Garbage Collection By- Law.
Passed and
adopted
by the Cape Breton
Regional
Municipal
Council
on the
8th day of July, 2003
and amended
on the
15th day of November, 2005, the
20th day of June, 2006, the
27th
day of
February, 2018, and the
18th day of June, 2019.
Publication
Date: July 12, 2003
MAYOR
CECIL
P. CLARKE
Amendments:
November
15,
2005 ( published
Nov. 19, 2005)
June 20, 2006( published June
27, 2006)
MUNICIPAL
CLERK
February
27, 2018( published March 6, 2018)
June
18, 2019(
published June
22, 2019)
DEBORAH CAMPBELL RYAN
22
No. 5- 300
CAPE BRETON REGIONAL MUNICIPALITY
SOLID
WASTE
RESOURCE
MANAGEMENT
BY-LAW"
1.
TITLE
1. 1
This By- Law shall be known and may be cited as the " Solid Waste Resource
Management By-Law".
2.
DEFINITIONS
2. 1
In this By-law the following words and phrases shall have the following
meanings:
a.
containers
recyclables"
means glass bottles and jars; aluminum, steel and
tin cans; high density polyethylene, low density polyethylene, and
polyethylene
terephthalate
plastic bottles, containers
and bags; milk and
juice cartons; beer and liquor containers; tetra packs and mini- sip
containers; or other items as designated
from time to time.
b.
box board" means cereal, shoe, tissue, detergent, cracker, cookie, baking
product and frozen food boxes, toilet paper rolls and paper towel rolls or
other similar items.
C.
collectible waste" means material originating
from eligible premises and
placed curbside by the owner or occupant for collection by a collection
contractor or by an agent of the Municipality. These materials include
mixed
waste, recyclable
materials
and
organic
materials.
d.
collection contractor" means any company, person or persons and the
agents of such persons under contract with the Municipality to collect
collectible waste from eligible premises.
e.
collection day" means any day which is scheduled by the Municipality
for municipal collection of collectible
waste.
f.
commercial
container" means any container used for the storage of ICI
waste materials 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 Municipality
for
collection by a hauler.
g.
commercial
enterprise" means an enterprise which is assessed
a business
occupancy tax by the Municipality.
h.
commercial premises" means any lot of land which contains one or more
commercial
enterprises.
1
Solid Waste Resource Management By-Law
i.
condominium"
means the division of land and buildings
intended to be
used as condominiums
in Nova Scotia and is registered under the
Condominium Act, revised statutes of Nova Scotia, 1989. Chapter 85.
j.
construction and demolition waste" means material generated as a result
of construction, demolition, or renovation
activities. This includes
materials normally used in the construction of buildings, structures,
roadways, walls and other landscaping material such as asphalt, brick,
mortar, concrete, drywall, plaster, cellulose, fiberglass
fibers, lumber,
wood, asphalt
shingles
and
metals.
k.
Container recyclables" means
1.
Council" or " council" means the Council of the Cape Breton Regional
Municipality.
M. " dwelling " means a building, or a unit in a building, occupied or intended
to be occupied as a home, residence or sleeping place by one or more
persons but does not include a hotel, motel, guesthouse
or inn.
n.
eligible premises" means those properties within the Municipality which
are eligible for municipal curbside collection
as defined in Section 6 of
this By-law.
o.
Fiber recyclables"
means mixed paper, corrugated
cardboard, box board,
newsprint, magazines, catalogues, flyers, telephone
and other soft cover
books and paper egg cartons or other similar items designated by Council
from time to time.
P_
Green cart means an aerated cart supplied to eligible premises by the
Municipality for the collection of organic materials.
q.
hauler" means any company, person or persons who transports waste
materials including, without limitation, ICI waste, mixed waste, recyclable
materials, or organic
materials to waste management
facilities approved
for operation with the CBRM. This does not include infrequent users of
these facilities such as residents of eligible premises hauling materials in
an unregistered
vehicle from their premises.
r.
household
special waste" or" HSW" means waste- resource materials of a
potentially hazardous nature generated in households including, but not
restricted to solvents, glues, cleaners, paints and finishes, asphalt sealers,
kerosene, pesticides, lawn and garden chemicals, poisons, propane tanks,
roofing
tar, pool chemicals, batteries, etc. For the purposes of this bylaw,
household
special waste does not include PCB' s, radioactive
materials,
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Solid Waste Resource Management By-Law
explosives, fireworks, pathological
wastes, ammunition, oil, gas, oil gas
mixes,
etc.
S.
industrial, commercial, institutional waste" or " ICP' waste" means
material
of similar
composition
as mixed
waste
collected
within
the
Municipality
other than waste generated in an eligible premise.
t.
international
waste" means waste imported into Canada from any country
other than the United States which contains or is suspected of containing
an animal product or animal by-product and which was intended to be
served or was served for consumption by the passengers or crew of an
aircraft or ship.
U.
leaf and yard waste" means sods, grass clippings, leaves, branches, brush,
bushes, twigs less than I inch in diameter, house and garden plants,
sawdust and wood shavings
or other similar items and natural Christmas
trees ( without decorations
and tree stands).
V.
litter" means any intentionally or accidentally discarded waste not placed
in a proper receptacle, or container for recycling, organics, collection or
for disposal.
W. "
manager" or Manager" means the Manager of Solid Waste for the Cape
Breton Regional Municipality, the successor to such position, or a person
designated by the Manager to act in place of the Manager.
X.
materials recovery facility" means a facility designed to receive, sort,
process, store and ship to market recyclable materials.
Y_
mini bins" means a small container supplied to eligible premises by the
Municipality
for the collection of organic materials. The mini bin is
intended for household use only, not curbside use.
Z.
mixed waste" means and includes all collectible
waste other than that
which is collected as recyclable materials or organic materials including:
i.
broken bottles, crockery, glassware, floor sweepings,
discarded clothing, cloth, leather, jute, non-recyclable
plastic
and metal, non- recyclable
packaging,
non- repairable
household
goods and other household waste.
ii.
glass that is tightly wrapped in cardboard or other suitable
material and clearly marked to prevent injury to collection
personnel.
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Solid Waste Resource Management By-Law
iii.
ashes and soot that is completely cold placed in clear
plastic disposable watertight bags securely tied and marked
ashes"
or"
soot".
iv.
manure, excretes or litter from companion pets residing in
an eligible premise where the material
is double bagged
and securely tied in clear watertight bags and then placed in
an eligible
container.
V.
other items not specifically
designated
as mixed waste
except as excluded by this by- law.
aa. "
mixed waste regulation
container" means a container
as specified
in
Section 8 for the collection of mixed waste.
bb. "
municipal
collection"
means
the
scheduled
curbside
collection
of
collectible waste from eligible premises made by or on behalf of the
Municipality, at the expense of the Municipality.
cc. "
Municipality" or" municipality" means the Cape Breton Regional
Municipality.
dd. "
non- collectible
waste" means all material not eligible for curbside
collection
and without limitation
includes:
i.
residential
bulk waste
ii.
white
goods
iii.
oil tanks
iv.
liquid waste or material that has attained a fluid consistency
and has not been drained.
V.
highly combustible or explosive materials, including
without limitation, celluloid cuttings, motion picture film,
oil or gasoline
soaked
rags, gas containers,
chemicals,
acids
or other combustible residues, fine dry dust, ammunition,
dynamite, or other similar material.
vi.
material that is considered pathogenic
or biomedical
including, without limitation, dressings, bandages or other
potentially infected material or hypodermic
needles
discarded
in the course of the practice of physicians,
surgeons, dentists or veterinarians.
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Solid Waste Resource Management By-Law
vii.
carcasses or parts of any animal except food waste.
viii.
waste listed or characterized as hazardous by any federal or
provincial
law.
ix.
sheet iron, large pieces of scrap metal or machine parts,
automobile
parts, fuel tanks and bodies.
X.
septic tank pumping, raw sewage or industrial sludge;
xi.
radioactive
materials.
xii.
soil, rock, stumps, and trees greater than
inch in diameter.
xiii.
waste materials resulting from construction, demolition or
renovation
activities.
xiv.
industrial waste material from factories
or other
manufacturing
processes.
xv.
manure, kennel waste, excreta, fish processing waste.
xvi.
lead- acid automotive
batteries
and propane tanks/ cylinders.
xvii.
waste material from commercial
containers.
xviii.
waste material which has not been placed for collection
in
accordance with the provisions of this by- law.
xix.
materials banned from landfill disposal by the Nova Scotia
Department
of the Environment
unless
such materials
are
recyclable materials or organic materials from eligible
premises.
ee. "
oil tanks"
means
residential
oil tanks
to a maximum
size of 200 gallons.
ff. "organic materials" means food waste, boxboard, soiled and non- recyclable
paper, and other material of plant or animal origin as designated by Council
from time to time.
gg. " organic
materials
regulation
container"
means
a cart or other
container
as
specified in Section 8 for the collection of organic materials.
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Solid Waste Resource Management By-Law
hh. provincial
disposal bans" means materials
banned from disposal in landfills
and incinerators
under the Solid Waste--
Resource
Management
Regulations
of the Environment Act of the Province of Nova Scotia as updated and
amended from time to time.
ii. " private road" is a road as defined by the Subdivision By-law of CBRM.
J. " recyclable materials" means fiber recyclables, containers recyclables and
other
materials
of a recyclable
nature.
kk. "residential bulk items" means large items of a household nature including but
not limited to furniture, stoves, mattresses, bed springs, barrels, water tanks,
and dishwashers.
ll. " residential food waste" means fruit and vegetable
peelings, table scraps,
bread, grain, rice and pasta, egg shells, coffee grounds and filters, tea leaves
and tea bags or other similar items suitable for disposal in a green cart.
mm. "
soiled
and non- recyclable
paper" means
napkins, paper towel & fast food
wrappers, wax paper, wrapping paper, paper plates and cups, soiled
newspaper
and flyers, sugar, flour & potato paper bags or other similar items.
nn. " source separated composting facility" means a facility designed to receive,
process
and compost
organic
materials.
oo. " transfer station" means a facility operated by or on behalf of the Municipality
for unloading and consolidating waste, recyclables or organics from vehicles
for transport to another waste management facility in larger loads.
pp. " treasurer" means the Director of Finance for the Municipality, the successor
to this position or a person designated by the Director to act in his/ her place.
qq. " unlisted bungalow road" is an unlisted bungalow road as defined by the
Subdivision By- law of CBRM.
rr. " unlisted road" is an unlisted road as defined by the CBRM Subdivision By-
law of CBRM.
ss. " unit" means a self-contained portion of a building occupied as a separate
residence.
tt. " unnamed road" means any street or road which is not a public street/ road, is
unnamed
and extends to and has access to a public street/ road
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Solid Waste Resource Management By-Law
uu. " waste disposal fees" means per tonne fees, or per load fees, charged by the
Municipality
for the acceptance of waste, mixed waste, recyclable materials,
and organic materials within the municipal waste disposal system.
vv. " waste management
facilities" means facilities for the management
of mixed
waste, recyclable
materials,
and
organic
materials
operated
within
the
Municipality, its contractors
or its agents and includes, without limitation, the
landfill, materials
recovery facility( s), source- separated composting facility(s),
transfer stations( s) and construction
and demolition recycling disposal
facilities.
ww. " white goods" means any large household appliance including but not
limited to refrigerators, freezers, air conditioners, stoves, washers, and dryers.
3.
THE COUNCIL
3. 1
Pursuant to Section 49( 1)( b) of the Municipal Government Act, the Council may,
by policy, regulate the use of solid-waste management facilities, providing for
times and conditions under which they may be used and setting charges for the
use of solid-waste management facilities operated by the Municipality.
3. 2
In
accordance
with
Section
3. 1, Council has enacted a policy designating the
hours of operation
for waste management
facilities
and the fees
and charges
for
depositing materials at waste management facilities, which policy is known as the
CBRM Solid Waste Management Policy.
4.
THE MANAGER
4. 1.
The manager or his designate shall administer the provisions of this By- Law and,
for this purpose, may:
a.
divide the Municipality into areas for the purposes of curbside collection
of collectible waste from eligible premises
on various days of the week.
b.
designate a particular day of the week for curbside collection of collectible
waste in each designated
collection
area.
C.
alter the boundaries of curbside collection areas as deemed necessary on
reasonable
notice
to the public.
d.
administer and liaise with any collection contractor who may be hired by
the Municipality to carry out curbside collection of collectible waste
within the Municipality.
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Solid Waste Resource Management By-Law
e.
designate the conditions
and guidelines relating to the acceptance of
curbside waste materials
at waste management
facilities owned and
operated by the CBRM in compliance with applicable provincial
regulations and this by-law.
f.
administer a system for collection of" bulk waste" and " white goods",
from eligible premises.
g.
administer the residential
household
special waste system.
5.
THE PUBLIC
5. 1
The owner
or occupier
of an eligible
premises
shall:
a.
provides
sufficient
and
adequate
containers
to contain
waste
generated
at
the
eligible
premises.
b.
provide separate containers
for mixed waste, organic waste and for
recyclable
waste.
C.
ensure that each container
is covered and secured at all times except when
being emptied or filled.
d.
store collectible waste outside the main building on the eligible premises
only in secured regulation containers made inaccessible to pests or
animals.
e.
ensure the proper preparation
of all collectible
waste in accordance
with
this by-law.
f.
ensure that collectible
waste is placed for collection
in accordance with
this by-law.
g.
ensure
that collectible
waste
remains
within
adequate
containers.
5. 2
No
owner
or occupier
of any
eligible
premises
shall permit
any
waste
to
accumulate
upon any premises
so owned or occupied, and shall provide for the
removal of all waste from the premises at times designated by Municipality.
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Solid Waste Resource Management By-Law
6.
ELIGIBLE PREMISES
6. 1
Eligible premises include the following:
a.
single family dwellings including mobile homes.
b.
multi- unit residential dwellings that constitute
a unit in a duplex, row
house or townhouse where every unit has street or road frontage.
C.
multi- unit apartment
buildings
to a maximum
of six ( 6) units. ( limited to 5
bags per unit to a total 30 bags)
d.
fire halls
e.
condominium
buildings
6. 2
Owners and occupants
of properties
not defined herein as eligible premises
shall
not place any waste materials at the curbside of such properties for municipal
collection.
7.
COLLECTIBLE
MATERIAL -- PREPARATION AND RESTRICTIONS
7. 1
No material shall be placed out or caused to be placed out for municipal
curbside
collection by any person except in accordance with the following:
a.
for eligible premises as outlined in section 6. 1 of this by-law a maximum
of five ( 5) mixed waste regulation
containers.
b.
ashes or soot generated by eligible premises are not eligible for municipal
collection, except ashes and soot that are completely cold, and double
bagged in clear plastic disposable watertight bags, meeting the
requirements of section 8. 2 ( a). The bag must be securely tied and marked
ashes"
or" soot". This container
is considered
an eligible container
as per
section 7. 1 (
a), ( b) or, ( c).
C.
there shall be no limit to the amount of blue bags recyclables and blue bag
fiber recyclables
eligible for municipal
collection
from eligible premises.
d.
no person shall place for municipal collection any non-collectible waste.
e.
where the Municipality establishes separate municipal curbside collection
of organic materials, the following conditions and restrictions shall apply
to all such collection:
i.
a maximum of one ( 1) green cart may be placed for
curbside
collection.
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Solid Waste Resource Management By-Law
8.
REGULATION CONTAINERS FOR MUNICIPAL COLLECTION
8. 1
The owner or occupant of each eligible premise shall be responsible
to contain
designated
collectible
waste so as to prevent the escape of waste materials
into the
environment. The owner or occupant of each eligible premise
is responsible
to
gather waste material placed for curbside collection that has escaped from its
container.
8. 2
Only containers which meet the following specifications and requirements shall
be utilized for the purposes of municipal collection.
a.
Plastic Bag Specifications Mixed
Waste: Clear Garbage Bags
i.
bags must be watertight and securely tied with an overall
length of between 0. 5 meters and
1 meter when empty.
ii.
bag weight not to exceed 12 kilograms including contents.
iii.
bags must have a thickness
sufficient to prevent breakage,
tearing or splitting upon collection.
iv.
bags must be clear, translucent in color when placing more
than
one ( 1) bag of garbage curbside. The one dark bag
used curbside can be dark, colored or tinted. The bag must
not be yellow, red, orange or transparent blue in color for
mixed
waste.
b.
Container Specifications Mixed Waste: Garbage Cans
i.
containers
must be watertight, secured with a cover,
equipped with handles
in good repair and tapered to be as
large or larger at the top as at the bottom.
ii.
the weight of the container including contents shall not
exceed 24 kilograms, the height shall be not less than 46
and not more than 76 centimeters, and the diameter shall be
between
38 and 51 centimeters.
iii.
containers
shall be made of metal, plastic or other
impermeable
material of sufficient thickness to prevent
breakage or splitting upon collection.
iv.
containers must be maintained in a neat and sanitary and
waterproof condition
and kept in good repair
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Solid Waste Resource Management By-Law
C.
Storage Containers: Roadside Boxes
i.
outdoor, roadside boxes or bins are acceptable for storing
containers or bags for mixed waste provided they meet the
following specifications:
1.
a box or bin constructed of wood or other material
suitable for storing containers or bags or mixed
waste as long as the box or bin is rodent and animal
proof.
2.
boxes or bins must be affixed with a lid weighing
not more than 5 kilograms.
3.
boxes or bins shall at all times be maintained
in a
neat and sanitary condition and kept in good repair.
4.
waste collectors will remove waste from storage
containers
located consistent with section 9. 2;
however, the municipality
or collector is
indemnified
against damage to bins or containers
resulting from collection activity.
d.
Organic Materials:
Green Carts and Mini Bins
i.
where the Municipality
establishes
a separate collection for
organic materials, the following organic materials
regulation
containers
shall be used:
1.
eligible
premises
that receive
curbside
collection
will be delivered and assigned
one green cart and
one mini bin by the Municipality. The Municipality
will establish the number of cart( s) and mini bin( s)
assigned
to types
of eligible
premises.
2.
green cart( s) and mini bin( s) assigned to eligible
premises
are to remain
with those
eligible
premises.
3.
owners
or occupants
of eligible
premises
are
responsible for the care and cleaning of each green
cart and mini bin which have been assigned to their
eligible
premises.
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Solid Waste Resource Management By-Law
4.
repair to damage green cart( s) or replacement
of
green cart( s) or mini- bin( s) assigned to eligible
premises
due to misuse, alterations
or abuse
involving the owner or occupant of the eligible
premises shall be the responsibility of the owner or
occupant
of the eligible
premises
to which
the
cart( s) or mini- bin( s) is assigned.
5.
owners
or occupants
of eligible
premises
shall
make
the green
cart( s) assigned
to eligible
premises
available to the Municipality
or its contractors or
agents within reasonable
time frame upon request
for inspection or repair purposes or for
identification of the serial number.
6.
owners
or occupants
of eligible
premises
are
responsible
for the green cart( s) and mini bin( s)
assigned to the eligible premises and used by
tenants who are renting or leasing the premises.
a.
Plastic Bag Specifications Blue Bags: Blue Transparent
Plastic
Bags
i.
blue bag recyclable containers must be placed in watertight
transparent blue bags with a thickness sufficient to prevent
breakage, tearing or splitting upon collection. These bags
shall have an overall length of between
0. 5 meters and
1
meter when empty. These bags shall be securely tied.
ii. blue bag recyclable fiber must be placed in watertight
transparent blue bag with a thickness sufficient to prevent
breakage, tearing or splitting upon collection. These bags
shall have an overall length of between
0. 5 meters and
1
meter when empty. These bags shall be securely tied.
iii. all materials must be securely contained so as to prevent
material from escaping into the environment.
iv. corrugated cardboard may be tied in bundles not greater
than 0. 65 meters x l- meter x 0. 20 meters ( 2 ft. x 3 ft. x 8
in.) or may be placed in the blue bag for fiber.
V.
the weight of each blue bag, including contents, placed for
blue bag collection must not exceed 12 kilograms.
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Solid Waste Resource Management By-Law
b. Storage Containers: Roadside Boxes Blue Bags
i.
outdoor, roadside boxes or bins are acceptable for storing
fiber and container recyclable materials provided they meet
the following specifications:
1.
blue box or blue bin constructed of wood or other
material suitable for storing blue bags as long as the
box or bin is rodent and animal proof.
2.
blue boxes or blue bins must be affixed with a lid
weighing not more than 5 kilograms.
3.
blue boxes or blue bins shall at all times be
maintained
in a neat, sanitary condition and kept in
good repair.
4.
blue bag collectors will remove waste from storage
containers
located consistent with section 9. 2;
however, the municipality
or collector is
indemnified
against damage to bins or containers
resulting from collection activity.
9. PLACEMENT OF MATERIALS
9. 1.
Collectible
waste shall be placed for municipal
collection
in accordance with this
By-Law.
9. 2. Collection is at the curb only. All regulations containers must be placed at end of
a driveway and/or at the edge of a property abutting the street, road or highway
without obstructing the street, road or highway.
9. 3.
Materials must be placed for municipal collection with approximately 1- meter
spacing between each waste stream
9. 4.
Green carts must be placed at the curb in an upright position with the lid closed
and the front of the green cart facing the street, road or highway.
9. 5.
Owners or occupants of eligible premises on private roads, unlisted roads,
unlisted bungalow roads, unnamed roads and in trailer parks are eligible for
curbside collection on theses roads if the road is safely passable by a collection
vehicle. If these roads are not safely passable by a collection vehicle, the
collectible waste must be brought to the nearest intersection with a public street or
road and placed in accordance with this By- Law, where it shall be collected.
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Solid Waste Resource Management By-Law
10.
COLLECTION TIMES &
FREQUENCIES
10. 1.
Collection will commence at the following times on the collection days
designated in the following areas of the municipality:
a.
8: 00 a.m. in all areas of the Municipality having daytime collection.
b.
12 midnight in all areas of the Municipality having overnight collection.
10. 2. No person shall place collectible waste out for collection before 7: 00 p. m. the
evening of the day prior to the collection day applicable in that area of the
Municipality.
10. 3.
Where an area is designated to receive bi- weekly recyclable collection, no person
shall place blue bag material out for curbside collection on the week not
designated for the area' s recyclable
collection week applicable
in that section of
the Municipality.
10. 4. Any materials not collected must be removed from curbside by 9: 00 p. m. on the
day of collection.
10. 5.
Collectible waste must be placed for collection by the designated commencement
time for collection in the area.
10. 6. When a regularly scheduled day for collection falls on a Federal, Provincial or
Civic holiday, the collection day may be modified to occur on an alternate day as
designated by the Manager.
11. HOUSEHOLD
SPECIAL
WASTE
11. 1.
The Manager may designate the place and time, including the days and hours of
operation
and the materials
eligible for the disposal of household
special waste in
the Municipality. This includes the operation of a permanent household
special
waste depot in the Municipality.
11. 2. The household special waste depot(s) may only be used by residents of the
Municipality
for the proper disposal of household special waste originating within
the Municipality.
11. 3.
All persons are prohibited from disposing of industrial, commercial and
institutional
waste at the permanent household
special waste depot.
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Solid Waste Resource Management By-Law
12. ILLEGAL DUMPING/ LITTER
12. 1.
No
owner
or
occupier
of
property
in
the
Municipality
shall
permit
the
accumulation of solid waste in or around the property to the extent that it is likely
to become
a nuisance or hazard to the public health.
12. 2. Owners
and occupants
are responsible
to provide for the lawful
collection
and
disposal of all solid waste that is not subject to municipal collection.
12. 3.
No person
shall place waste for curbside
collection
on a property
other than a
property owned and occupied by such person or in respect of which the person
has obtained the consent of the owner or occupier for that purpose.
12. 4. No person shall dump, abandon or dispose of waste-resources at any public or
private place unless that place is duly licensed to receive and dispose of the
particular
category
of waste- resources.
12. 5. No person shall dispose of or cause the disposal of the following materials at any
licensed solid waste-resource management facility, or deposit any such materials
in a storage
area, storage
container
or collection
container, intended
for residual
waste disposal in an incinerator or landfill nearby, namely:
a.
material banned from disposal by provincial regulations:
materials
banned
from
disposal
by provincial
regulation
are
those
materials
listed
in Schedule
B of the Solid Waste
Resource
Management
Regulations
as amended from time to time.
12. 6. No person shall dump, dispose of or abandon at or near a Waste-Resource
Management Centre or any other facility licensed to receive any category of
waste- resources when the Facility is not open or when the operator or staff of the
facility refuses
to accept
waste-- resources
at that time or from that person.
12. 7
Depositing solid waste materials contrary to the above, where the quantity,
volume, weight, nature, kind or character of the solid waste or the location of the
deposit, in the opinion of the Solid Waste Manager, causes injury, damage, hazard
or potential hazard to persons, property or the environment or requires removal by
vehicle
transport
or environmental
clean- up
and/
or remediation
to restore
the site
to reasonable condition, constitutes " Illegal Dumping" under this By-Law.
12. 8
No person shall illegal dump or cause or allow illegal dumping.
12. 9
Each day that illegal dumping materials remain shall constitute a separate offense
under this By-law.
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Solid Waste Resource Management By-Law
13. INDUSTRIAL,
COMMERCIAL,
INSTITUTIONAL
WASTE
13. 1.
The property owner, agent of an owner of an Industrial, Commercial, or
Institutional Business shall provide sufficient and adequate, containers for any
waste that may accumulate from time to time in or from the business.
13. 2. The property owner or agent of an owner of an owner of an Industrial,
Commercial, or Institutional Business shall maintain a Waste Management plan.
This plan must identify the solid waste generated and the method for storing,
recycling
and disposing of the solid waste
generated by the business. This plan
must also include a litter management
section. This plan must comply with the
provisions of the Provincial Solid Waste Resource Regulations and this by-law.
This plan must be provided to the manager within 1 business day following a
verbal
and/ or written
request.
13. 3.
The property owner or agent of an owner of an Industrial, Commercial, or
Institutional Business which generate waste shall, either personally or by
employees, contractors or agents, and in compliance with all applicable Federal,
Provincial
and Municipal
laws, remove and dispose or recycle such waste in
accordance with the waste management plan of section 14. 2
13. 4. No owner or agent of an owner of an Industrial, Commercial, or Institutional
Business
shall permit the accumulation
of waste
in or around
a premises
to the
extent that it is likely to become a nuisance or is likely to endanger the public
health.
13. 5.
The property owner or agent of a IC& I establishment offering a drive-thru service
shall provide
sufficient
and adequate
containers
for any waste
generated
as
a
result of the said service.
13. 6.
The placement of containers
required
in section
13. 5 shall be in such a manner
as
to provide access to those customers utilizing the drive-thru lane.
13. 7. The person or agent of a person who organizes
or is responsible
for a public event
held in open spaces or in temporary shelters shall maintain a written litter
management plan which complies with the provisions of the Provincial
Solid
Waste
Resource
Regulations
Section
III--Litter Abatement.
14. CONSTRUCTION AND DEMOLITION WASTE
14. 1.
The property owner or agent of an owner of an Industrial, Commercial, or
Institutional Business or of an eligible premises undergoing construction and/ or
demolition activity shall provide sufficient and adequate, containers for any waste
that may accumulate from time to time in or from the construction
or demolition
activity.
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Solid Waste Resource Management By-Law
15. COMMERCIAL CONTAINERS
15. 1. The following provisions apply to commercial containers:
a.
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.
is equipped with a tight-fitting lid with a positive closing
device which shall be kept closed except when the
container is being loaded or unloaded or the container shall
be kept in a locked compound.
iii.
is cleaned out regularly and periodically, as necessary, to
avoid the build-up of odours.
iv.
has only those materials for which the container
is intended
deposited therein.
V.
are easily accessible to the occupants.
16. VEHICLES CARRYING WASTE
16. 1
The following provisions apply to vehicles carrying waste materials:
a.
persons who collect, transport and dispose of waste materials, ICI waste,
mixed waste, organic materials
and recyclable
materials
shall do so in a
sanitary manner; any fluid matter shall be transported
in watertight
containers having tight-fitting covers.
b.
persons who collect, transport and dispose of waste materials, ICI waste,
mixed waste, organic materials
and recyclable
materials
shall be
responsible
to ensure all wastes are delivered to approved waste
management
facilities
and in compliance
with the policies
and procedures
set out by the operators of the waste management facility, this bylaw and
with provincial
regulations.
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Solid Waste Resource Management By-Law
C.
every vehicle used for the collection and transportation
of waste materials,
ICI waste, mixed waste, organic materials, and recyclable materials shall
have a tailgate or other restraining device and shall be completely
closed
or equipped with a tarpaulin, and such tarpaulin
shall be used to cover
such waste materials, ICI waste, mixed waste, organic materials and/ or
recyclable materials while the same is being transported.
d.
all waste materials, ICI waste, mixed waste, organic materials and
recyclable
materials
shall be transported
in such a manner that materials
shall not spill or scatter from the vehicle containing the same.
e.
the manager may inspect vehicles used for the collection or carriage of
waste materials at all reasonable times to ensure compliance with this by-
law.
16. 2
Persons who collect and transport waste materials, ICI waste, mixed waste,
organic materials
and recyclable
materials that have been placed for collection
in
accordance with Section 16 ( 1) at industrial, commercial or institutional premises
or properties
shall transport
waste
materials, ICI waste, mixed
waste, organic
materials and recyclable materials in a source separated condition and deliver the
same material in a source- separated condition to the appropriate receiving facility
in accordance with the Municipality'
s waste- resource management
system. ICI
waste contained
in bags must be placed in clear, translucent
in color bags.
17. PROHIBITIONS
17. 1.
No person
shall:
a.
pick over, remove, disturb or otherwise interfere with any waste material
that has been set out for municipal collection.
b.
remove, collect waste material placed for municipal
collection.
C.
shall
remove
a container
or organics
collection
cart placed
at curbside.
17. 2. The prohibitions
in Section 17. 1 do not apply to the person who placed the waste
material for collection or to the Municipality, its contractors or authorized
Municipal
collection
contractors.
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Solid Waste Resource Management By-Law
18. WASTE
DISPOSAL
FEE
STRUCTURE
18. 1.
The fees and charges for the depositing of materials by haulers and persons who
transport waste materials acceptable for disposal at any waste management
facility operated by the Municipality, its contractors or its agents as part of the
Municipality'
s waste management
system shall be as prescribed in the CBRM
Solid Waste Management Policy.
18. 2. No waste disposal fee shall apply to collectible waste from eligible premises
collected through municipal collection and deposited by collection contractors
engaged by the Municipality at waste management facilities operated by the
Municipality, its contractors
or its agents.
19. VEHICLE
REGISTRATION
19. 1
Haulers using the Municipality' s waste management facilities shall comply with
the registration requirements of the Municipality including vehicle registration for
such haulers.
19. 2
The following provisions apply to vehicle registration for hauler using the
Municipality' s waste management facilities:
a.
haulers ( other than those users of cars, station wagons, mini- vans, sport
utility vehicles) using the Municipality' s waste management facilities shall
pre-register identifying information and the tare weight for each vehicle to
be used in scheduled waste collection
services operated on behalf of the
Municipality (if the hauler is also a collection contractor).
b.
haulers who wish to be granted credit privileges with the Municipality
must register adequate identifying information with the Municipality.
Each hauler and/ or each hauler' s vehicle will be assigned
a unique
identification code and/or issued appropriate physical identifying property.
The physical identifying property issued shall remain the sole property of
the Municipality
and shall be returned promptly at the expiration of its use
as determined by the Municipality at its sole discretion.
C.
each hauler and hauler' s vehicle using the Municipality' s waste
management
facilities which have been granted credit privileges
and must
present the assigned
and/ or issued identification
to the scale operator upon
entering the facility. The hauler to whom the assigned and/or issued
identification
is registered to will be invoiced for all materials
delivered
under his/ her identification.
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Solid Waste Resource Management By-Law
20. FEE PAYMENT:
20. 1.
The following applies to the payment of fees:
a.
at Cape Breton Regional Municipality waste management facilities haulers
will be required
to obtain credit privileges. Haulers who transport
acceptable material to a facility operated by the Municipality, its
contractors
or its agents will be required to pay upon invoice in
accordance
with sections ( i) to ( iii) below:
i.
where only one scale is in operation and the tare has not
been predetermined, the vehicle will be weighed upon
entering the facility and again upon leaving. The hauler
will pay the fee upon invoice in accordance with the fee
structure prescribed in schedule
1.
ii.
where both inbound and outbound
scales are in operation,
the vehicle will be weighed upon entering the facility and
again upon leaving. The hauler will pay the fee upon
invoice in accordance with the fee structure prescribed
in
schedule
1.
iii.
where both scales are not functioning the hauler will be
charged according to the fee prescribed
in Appendix A,
Schedule
1.
20. 2
The following provisions apply to haulers who have been granted credit privileges
at any waste management facility operated by the Municipality, its contractors or
it agents:
a.
haulers granted credit privileges will receive a monthly Statement of
Accounts and payment is due within thirty ( 30) days of the end of the
statement
month.
b.
where an account for material disposal
fees remains unpaid for more than
thirty (30) days, a notice of non-payment will be sent by the Municipality.
The Municipality may advise that if payment is not received within a
specified period of time after mailing of such notice, the hauler shall be
refused admittance
to all facilities
and/ or credit privileges withdrawn until
such time as the outstanding
amounts, interest and service charges are
paid. Scale operators will be notified of all haulers on refused admittance
status or credit privileges withdrawn status and will be instructed to deny
access to the facilities as applicable. The Municipality may require the
posting of a performance
bond or any other security acceptable to the
Municipality in the event that accounts continue from time to time to be
unpaid.
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Solid Waste Resource Management By-Law
21. DUTY
TO NAME
PERSON
RESPONSIBLE
21. 1
When a person is identified as owner of any materials dump or deposited on a
premise in violation of this by-law, the owner of the materials on the request of a
peace officer shall, within forty-eight hours of the request, supply the peace
officer with the name and address of the person( s) responsible of the illegal
dumping of materials. When a materials owner, who refuses, fails, neglects or is
unable to supply the name and address of the person( s) responsible for the illegal
dumping of materials within forty-eight hours after being requested, shall be
liable for the infraction under section 12. 0 of this By- law.
21. 2
Where under this section of the by-law a motor vehicle is operating in violation of
this By- Law, the registered owner of the vehicle on request of any peace officer
shall, within forty-eight hours of the request, supply the peace officer with the
name of address of the person in charge of the vehicle at the time of such
violation. When a motor vehicle register owner, who refuses, fails, neglects or is
unable to supply the name and address of the person( s) responsible infraction of
this By-Law within Forty-eight hours after being requested, shall be liable for the
infraction under section 19. 0 of this By-Law.
22. PENALTIES
22. 1
Any person who contravenes any provision of this by-Law shall be liable upon
summary conviction for every such offense to a penalty of not less than six
hundred & ninety
seven dollars & fifty cents ($ 697. 50) and not exceeding fifty
thousand
dollars ($ 50, 000) or in default of payment, to imprisonment
for a term
not exceeding ninety days ( 90 days) and each day that the offence continues shall
constitute
a new offence.
22. 2
Any person alleged to have violated this bylaw who is given notice of the alleged
violation and where the said notice so provides for payment , may pay a penalty in
the
amount
of six hundred & ninety
seven dollars & fifty cents ( $
697. 50 ) to the
CAPE BRETON REGIONAL
MUNICIPALITY
provided that said payment is
made within
a period
of fourteen days ( 14) following the day on which the
alleged violation was committed, and said payment shall be in full satisfaction ,
releasing and discharging all penalties and imprisonments incurred by the person
for said violation .
22. 3
In addition to any fine or imprisonment
imposed pursuant to subsection 21. 1, the
court or judge may order the person convicted to pay all expenses incurred in
correcting the contravention of the By- law or any damages associated with such
contravention.
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Solid Waste Resource Management By-Law
22. 4
Where any person is in contravention of any provision of this By- law, the Manager
may direct in writing that the contravention be remedied by that person in the
manner and within the time specified in the written direction.
23. REPEAL
23. 1 The following are hereby repealed:
Cape Breton Regional Municipality Garbage Collection By- Law.
Passed and
adopted
by the Cape Breton
Regional
Municipal
Council
on the
8th day of July, 2003
and amended
on the
15th day of November, 2005, the
20th day of June, 2006, the
27th
day of
February, 2018, and the
18th day of June, 2019.
Publication
Date: July 12, 2003
MAYOR
CECIL
P. CLARKE
Amendments:
November
15,
2005 ( published
Nov. 19, 2005)
June 20, 2006( published June
27, 2006)
MUNICIPAL
CLERK
February
27, 2018( published March 6, 2018)
June
18, 2019(
published June
22, 2019)
DEBORAH CAMPBELL RYAN
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