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Chapter 33
Solid Waste By-law
1. This By-law enacted pursuant to s. 325 of the Municipal Government Act, SNS
1998, c 18, shall be known and may be cited as the "Solid Waste By-law" of the
Municipality of the County of Colchester. Definitions
2. In this By-law:
(1) "Administrator" means the person appointed by the Chief Administrative Officer
of the Municipality to administer this By-law, or their designate;
(2) "adverse effect" means an effect that impairs or damages the environment, the
health of humans or the reasonable enjoyment of life or property;
(3) "asbestos" means a friable waste material containing asbestos fibre or asbestos
dust in a concentration greater than 1% by weight;
(4) "backyard composting" means the composting at a residential property of
organic solid waste, comprised of leaf and yard waste and food, but excluding
meat, fish, eggs or dairy products, where:
(a) the waste is generated by the residents of the property or neighbouring
properties or both; and
(b) the annual production of compost on any property lot does not exceed
10 cubic metres.
(5) "beverage" means any liquid that is a ready to serve drink, but does not include
milk, milk products, soya milk or concentrates;
(6) "beverage container" means a container of 5 litres or less which contains or has
contained a beverage and was sealed by the manufacturer after the beverage
was placed in it;
(7) "box board" means cereal boxes, shoe boxes, tissue boxes, detergent boxes,
cracker boxes, cookie boxes, baking product boxes and frozen food boxes or
other similar items, toilet paper rolls and paper towel rolls or other similar items,
with plastics removed;
(8) "bulky items" means large items of a household nature including but not limited
to furniture, stoves, refrigerators, dishwashers, mattresses, bed springs, empty
hot water and oil tanks, toys, bicycles and lawn furniture. "Bulky items" also
includes a small amount of debris from renovation, construction or demolition
that does not exceed twenty-five (25) kilograms per unit and one (l) cubic metre
in size;
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(9) "chlorofluorocarbons" means an ozone depleting substance that is required
under the Ozone Layer Depletion Regulations of the Province of Nova Scotia
to be removed in a controlled fashion to prevent its release into the environment,
and is a substance found in refrigeration and cooling units;
(10) "collector" means an individual or company that has been granted a collector's
license by the Municipality for the collection and disposal of residual garbage,
recyclables or compostables or combination thereof to designated municipal
solid waste management facilities;
(11) "collector's license" means a permit that is required by a collector to collect and
dispose of solid waste to municipal solid waste management facility;
(12) "compostables" means food scraps and spoiled or waste food or foodstuff
including vegetable peelings, meat, fish, eggs, bones, waste food products, pet
litter, soiled and wet and soiled paper products such as table napkins, paper
towels, pizza boxes, leaves and grass clippings, branches and bushes that are
four feet or less in length and two centimetres or less in diameter, together with
such other compostable materials as may be identified in public education
documents distributed by the Municipality from time to time; and
(13) "composting" means the nuisance-free biological decomposition of organic
materials, substances or objects under controlled circumstances to a condition
sufficiently stable for nuisance-free storage and for safe use in land
applications as identified by the Nova Scotia Environment's Solid Waste
Management Resource Regulations;
(14) "construction and demolition debris" means materials which are normally used
in the construction of buildings, structures, roadways, walls and other
landscaping material and includes, but is not limited to, soil, asphalt, brick,
mortar, drywall, plaster, cellulose, fibreglass fibres, gyproc, lumber, wood,
asphalt shingles, and metals and such other materials as may be permitted by
applicable laws;
(15) "contaminant" means a substance that causes or may cause an adverse effect;
(16) "contaminated soil" means any soil which has been polluted with an organic or
inorganic contaminant in excess of standards prescribed or adopted by the
Minister, and that has caused, is causing, or may cause an adverse effect;
(17) "Council" means the Council for the Municipality of the County of Colchester;
(18) "curb" means the three metre distance from the travelled portion of a public
street or road where it joins the sidewalk or shoulder to the public property, but
it does not include the ditch;
(19) "foam polystyrene, expanded polystyrene or EPS" all are terms that refer to the
foam material typically used in various foodservice and protective
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packaging. Foodservice items include cups, plates, bowls, clamshells,
cafeteria trays, egg cartons and meat trays. Protective packaging used in the
shipment of fragile items such as televisions and computers and includes
molded block foam polystyrene.
(20) "hazardous waste" means waste that may be harmful to humans, animals, plant
life or natural resources, including but not restricted to, industrial chemicals,
explosive, toxic, flammable, corrosive, radioactive, reactive, pathological and
PCB waste, oil, gasoline, paint solvent, wood preservatives, ink, battery acid,
pesticides and insecticides or any substance or material declared or defined to
be a hazardous or toxic substance in or pursuant to any applicable law;
(21) "household hazardous waste" means waste of a potentially hazardous nature
typically generated in residential households including but not restricted to,
solvents, glues, cleaners, paints and finishes, asphalt sealers, gasoline, diesel,
kerosene, pesticides, lawn and garden chemicals, poisons, propane tanks,
roofing tar, pool chemicals, lubricating oil, batteries, and automotive fluids, but
does not include PCB waste, radioactive materials, explosives, fireworks,
pathological wastes, or ammunition;
(22) "hospital and pharmaceutical waste" means waste generated at hospitals,
clinics, pharmacies, veterinary clinics, dentist offices and includes, but not
limited to used needles, drugs, dressings, excluding pathological waste;
(23) "industrial waste" means residual waste typically generated in the industrial,
commercial and institutional sector;
(24) "land" means surface land, land covered by water, subsoil, matter beneath the
subsoil or any combination or part thereof;
(25) "leaf and yard waste" means vegetative matter resulting from gardening,
horticulture, landscaping or land clearing operations, including materials such
as tree and shrub trimmings, plant remains, grass clippings, leaves, trees and
stumps, but excludes construction and demolition debris or contaminated soil
or any other organic material that has been contaminated;
(26) "litter" means any material left or abandoned in a place other than a container
or place intended or approved for receiving such material;
(27) "Minister" means the Minister of Environment for the Province of Nova Scotia;
(28) "Municipality" means the Municipality of the County of Colchester;
(29) "municipal solid waste management facility" means a site identified by the
Municipality for disposal of designated solid waste;
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(30) "organics cart" means a wheeled aerated cart designed to be emptied by
hydraulic lifting devices and approved by the Municipality for the storage and
municipal collection of compostables;
(31) "pathological waste" means any part of the human body excepting hair, nail
clippings and the like, any part of a dead animal infected with a communicable
disease, and non-anatomical waste infected with a communicable disease;
(32) "public education documents" includes newspaper, radio and local television
advertisements, information posted to the Municipality's website, and
newsletters, pamphlets, flyers or other material circulated electronically or by
ordinary mail or delivery by or for the Municipality or the Minister;
(33) "recyclable container materials" means redeemable beverage containers, steel,
tin or aluminum food containers or cans, glass food containers, jars and bottles,
low density polyethylene bags and packaging, high density bags, containers
and packaging, polycoat containers for milk, milk products, soya milk,
concentrates or other liquids or powders, polystyrene cups, plates, bowls,
clamshells, cafeteria trays, egg cartons, meat trays and protective packaging,
tetrapacks together with such other plastic recyclable materials as may be
identified in public education documents distributed by the Municipality from
time to time;
(34) "recyclable paper materials" means textiles, corrugated cardboard, egg cartons,
box board, newsprint, bond paper, computer paper, glossy flyers and
magazines, together with such other paper recyclable materials as may be
identified in public education documents distributed by the Municipality from
time to time;
(35) "recyclables" means recyclable paper materials or recyclable container
materials as defined in this By-law;
(36) "redeemable beverage container" means a beverage container for which a
consumer was required to pay a deposit;
(37) "Residual garbage" means waste other than:
(a) Recyclables;
(b) compostables;
(c) leaf and yard waste; and
(d) any other waste that is prohibited from disposal by way of municipal
collection or at a municipal solid waste management facility designated
for residue garbage by this By-law or by the Minister;
(38) "sharps" means syringes, lancets and pen needles;
(39) "solid waste" means residual garbage, recyclables and compostables, as well
as any other type of waste defined in this By-law and specifically referred to in
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this By-law as permitted or prohibited for disposal at a municipal solid waste
management facility;
(40) "septic waste" means the liquid and solid material removed from septic tanks,
sewage treatment plants, and manholes, cesspools, privies and portable toilets;
(41) "textile" means a type of material composed of natural or synthetic fibers
commonly used in the production of drapery, bedding, clothing, shoes and
accessories. Types of textiles include animal-based material such as leather,
wool or silk, plant-based material such as linen and cotton, and synthetic
material such as polyester and rayon.
(42) "tires" means tires that are not designated under the Province of Nova Scotia's
tire recycling program.
(43) "waste" means any substance that would cause or tend to cause an adverse
effect if added to the environment, and includes garbage, recyclables,
compostables, refuse, sludge, rubbish, tailings, debris, litter and other
discarded materials resulting from residential, commercial, institutional and
industrial activities which are commonly accepted at municipal solid waste
resource management facilities, but excludes wastes from industrial activities
which are regulated by an approval issued by the Minister;
(44) "waste diversion" means waste reduction, reuse, recycling or composting;
(45) "wood" means wood materials that are not contaminated with other non-wood
materials, such as are dimensional lumber, wooden chairs, fencing etc.
Disposal of Solid Waste
3. Every person shall dispose of solid waste in accordance with this By-law.
4. Except as otherwise set out in this By-law, no person shall export or remove solid
waste material generated within the Municipality outside the boundaries of the
Municipality and all such solid waste shall be disposed of within the boundaries of
the Municipality and in accordance with this By-law.
5. Notwithstanding Section 4, the Municipality may export solid waste materials to
licensed disposal facilities outside the boundaries of the Municipality only when the
volumes of solid waste delivered to municipal facilities exceed the capacity of those
facilities to handle the materials.
No Illegal Dumping
6. Except for the placement of solid waste for collection in accordance with this By-
law, no person shall deposit, cause to be deposited or permit to be deposited solid
waste at any place in the Municipality other than at a municipal solid waste
management facility designated for the applicable type of solid waste, or at any
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other site authorized by the Municipality and approved for the purpose by the
Minister.
6A No person shall dispose of, cause to be disposed of or permit to be disposed of
asbestos at any place in the Municipality, other than at the following:
(1) a licenced municipal solid waste management facility; or
(2) any other site within the Municipality that is fully licenced by the Minister and
able to accept asbestos for disposal under the Environment Act as of
September 30, 2020.
6B Nothwithstanding Section 4, the Municipality may permit a person to export or
remove asbestos material generated within the Municipality outside the
boundaries of the Municipality for the purposes of disposal.
7. Subject to section 6, the following depositing activities are permissible:
(1) backyard composting, provided that:
(a) the composting container or pile is not located within 10 metres of any
window or door of a structure on an adjacent property; and
(b) the activity carried out in such manner as not to constitute a nuisance.
(2) the concentrated disposal of trees, brush or portions thereof or other farm or
forestry waste by decay on forest or farm land, provided this activity is carried
out in compliance with all applicable laws of the Province of Nova Scotia; and
(3) the nuisance-free disposal of aggregate, soil, bricks, mortar, concrete, asphalt
pavement, porcelain or ceramic materials as clean fill, provided this activity is
carried out in compliance with all applicable laws of the Province of Nova Scotia.
No Salvaging
8. No person shall
(1) pick up, remove, disturb or otherwise interfere with solid waste at a municipal
solid waste management facility, or
(2) pick up, remove, disturb or otherwise interfere with solid waste placed at the
curb for collection by the Municipality or by a collector, except as authorized by
the Municipality.
(3) Council may establish policy that designates exceptions to Section 8 (2) and
permits the removal of designated items of solid waste by persons other than
the Municipality or by a collector.
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No Solid Waste Burning
9. No person shall burn solid waste in a barrel, stove or other device or in the open
as a method of waste disposal, except for brush, tree limbs and milled wood that is
free from adhesives, coatings and preservatives, but only where such burning of
brush, tree limbs and milled wood is otherwise permitted by law.
Litter Abatement
10. No person shall release or cause litter to be released into the environment, except
in accordance with this By-law.
Disposal at Municipal Solid Waste Management Facilities
11. No person shall place, cause to be placed or permit to be placed at, in or on a
municipal solid waste management facility any material or quantity of material in
contravention of:
(1) this By-law or any policy of the Municipality concerning the use of a municipal
solid waste management facility, including but not restricted to waste diversion
policies requiring the diversion of particular types or quantities of solid waste
from particular types of municipal solid waste management facility;
(2) the direction of the operator or staff of a municipal solid waste management
facility with respect to the type, method, volume, weighing, measuring, time,
location or any other conditions for the placement of solid waste; and
(3) any federal or provincial law, including any law requiring the diversion of
particular types or quantities of solid waste from particular types of solid waste
management facilities.
12. No person shall place, cause to be placed or permit to be placed any solid waste
at or adjacent to a municipal solid waste management facility when the facility is
not open or when the operator or staff of the municipal solid waste management
facility refuses to accept any loads or items of solid waste.
13. The operator or staff at a municipal solid waste management facility may refuse
solid waste under the following circumstances:
(1) where the municipal solid waste management facility is not designated for the
type of solid waste a person is attempting to place;
(2) where a requisite tipping fee has not been paid;
(3) where the source of the solid waste is not identified;
(4) where the source of the solid waste is outside the boundaries of the
Municipality;
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(5) where the facility is unable to weigh, measure or process the solid waste for
any reason, including but not restricted to excessive inventory of solid waste or
shortage of space, mechanical or electrical break down or labour dispute; or
(6) where the operations of the solid waste management facility would be
compromised by the placement of the solid waste; or
(7) where the solid waste would be placed in contravention of this By-law any law
of the Province of Nova Scotia and of the Government of Canada.
14. No person shall place, cause to be placed or permit to be placed in a municipal
solid waste management facility any solid waste:
(1) that is not separated as required by this By-law,
(2) that is falsely or misleadingly presented or packaged as solid waste of a
particular origin, or
(3) that is concealed within or inter-mingled with solid waste of another kind, type,
stream or place of origin.
15. For greater certainty, solid waste that is
(1) not permitted to be placed for collection or to be delivered to a municipal solid
waste management facility pursuant to this By-law, or
(2) generated outside the Municipality
may not be disposed of at a municipal solid waste management facility except
where the Municipality or the operator of a municipal solid waste management
facility has given a person written approval to do so in advance.
Storage, Separation and Removal of Solid Waste
No Accumulation of Solid Waste
16.
(1) No owner or occupant of a property in the Municipality shall permit the
accumulation of solid waste in or around the property to the extent that it is or
is likely to become a nuisance or cause an adverse effect.
(2) Where an owner or occupant permits the accumulation of solid waste contrary
to subsection (l), the Administrator may enter the property to collect and dispose
of the accumulated solid waste, the expense of which will be charged to the
owner or occupant who has contravened subsection (l).
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(3) For greater clarity, the Administrator may enter the property to collect and
dispose of any uncollected solid waste scattered by animals, pests or weather
that an owner or occupant fails to remove pursuant to section 30(4) of this By-
law, the expense of which will be charged to the owner or occupant.
Municipal Collection
17. Owners and occupants of every property in the Municipality that is subject to
municipal collection shall ensure that all solid waste is properly stored and placed
for collection and disposal.
18.
(1) Council may provide for general municipal collection of solid waste by its own
employees or by a contractor in some or all areas of the Municipality.
(2) Without limiting the generality of subsection (l), Council may, at its discretion,
use different classifications for municipal collection of solid waste, including
different classifications of collection services and different classifications of
waste generators.
(3) Without limiting the generality of subsections (l) and (2), Council may, at its
discretion, limit collection to:
(a) particular types of solid waste;
(b) properties containing not more than a specified number of residential
households;
(c) properties which are seasonal; and
(d) properties generating industrial waste of a particular type or size or
generating not more than a specified volume of solid waste.
19.
(1) Owners and occupants of every property in the Municipality that is not made
subject to municipal collection are responsible for providing for the lawful
collection and disposal of all solid waste in accordance with this By-law, and for
paying any associated collection, disposal or tipping fees.
(2) For greater certainty, owners and occupiers of every property in the Municipality
that is not made subject to municipal collection are responsible for separating
solid waste in accordance with this By-law.
20. The Municipality may contract with owners and occupiers whose properties are
ineligible for municipal collection pursuant this By-law, to provide collection of their
solid waste.
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The limitations and restrictions in this By-law applicable to general municipal
collection shall apply to the owners and occupiers in subsection (l), except to the
extent that those limitations or restrictions are expressly varied in any contract
reached between the Municipality and the owner or occupier pursuant to
subsection (l).
Special Collections
21.
(1) Council may, at its discretion,
(a) provide for special municipal solid waste collections on an occasional basis,
or
(b) provide for municipal collection from a drop-off site of particular types of solid
waste, such as discarded Christmas trees, bulky items not eligible for
regular municipal collection, leaf and yard waste, household hazardous
waste or other specified solid waste.
(2) When providing for special collections pursuant to subsection (l), Council may
limit such special collection to
(a) particular areas of the Municipality,
(b) properties containing not more than a specified number of residential
households, or
(c) properties generating industrial waste of a particular type or size or
generating not more than a specified volume of solid waste.
Separation and Storage
22.
(1) Owners and occupants of every property in the Municipality shall separate solid
waste at the time and place of generation into the following streams:
(a) compostables;
(b) recyclable container materials;
(c) recyclable paper materials;
(d) residual garbage;
(e) construction and demolition debris;
(f) contaminated soil;
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(g) asbestos;
(h) solid waste of any type which is not acceptable for municipal collection or
accepted at a municipal solid waste management facility, each such type
separated in its own stream; and
(i) solid waste of any type which is only accepted on the occasion of special
collections, or by contract or by express approval in advance of the operator
of a municipal solid waste management facility, each such type separated
in its own stream;
(2) Owners and occupants of every property in the Municipality shall take positive
steps to ensure that all solid waste separated in accordance with subsection (l)
remains separated and uncontaminated by any other type of solid waste.
(3) For greater certainty, the obligations to separate and maintain separation of
solid waste in subsections (l) and (2) extend to owners, management and staff
of restaurants and other establishments serving the public, which must also
provide containers to facilitate separation and non-contamination of solid waste
streams by owners, management, staff and clientele as appropriate for the type
of establishment.
(4) Subject to subsection (l), residual garbage may include compostables or
recyclable materials to the extent that separation of compostables and
recyclables was not reasonably possible because of
(a) the fusing or bonding together of materials in the state in which the waste
received, or
(b) the reasonable cross-contamination of materials in the ordinary course of
use, if such contamination is unavoidable even by the exercise of due
diligence.
23. Owners and occupants of every property in the Municipality shall provide sufficient
and adequate space and containers for the storage, collection and disposal of any
solid waste which may accumulate from time to time on the property.
24. Without limiting the generality of section 22, owners and occupants of every
property in the Municipality shall provide space and containers in accordance with
the following provisions:
(1) compostables shall be stored in organics carts or in other containers that are
waterproof, impervious to domestic and wild animals and rodents and designed
to avoid the entrapment of children, and such organics cart or container shall
be placed or kept as far as possible from any window or door situated on an
abutting or adjacent property, but preferably at a distance of at least ten (10)
metres; and
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(2) recyclables and residual garbage shall be stored inside buildings or in
containers that are water-proof, impervious to domestic and wild animals and
rodents and designed to avoid the entrapment of children.
25. Owners and occupants of every property in the Municipality which is eligible for
municipal collection of solid waste are responsible for keeping all containers in a
clean and useable state and to ensure that they are maintained so as to not
become a nuisance.
26. Bulk commercial containers used for the collection or storage of solid waste:
(1) shall be sturdily constructed, water-proof and impervious to domestic and wild
animals and rodents;
(2) shall be designed to avoid the entrapment of children;
(3) shall be 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;
(4) shall be kept clean and in a good state of repair;
(5) shall not be loaded in a manner which permits waste to extend beyond the
internal volume of the container when the lid is closed;
(6) shall be labeled for the purpose of identifying what materials the container
contains;
(7) shall have sufficient space or sectioning to store solid waste separated in
accordance with the provisions of this By-law in such a manner that can ensures
that separated solid waste remains separated and uncontaminated by other
types of solid waste.
27. Owners or occupants of premises serviced by a bulk commercial container shall:
(1) keep the area surrounding the container free from any type of waste; and
(2) provide instruction to any tenants, visitors or employees to ensure proper
disposal and separation and disposal.
28. Any solid waste that is a bulky item that has a door, lid or other apparatus that
enables the bulky item to be closed, including but not limited to refrigerators and
freezers, shall either be stored inside an enclosed, locked or child-proof building or
shall have their door, lid or other closing apparatus removed from the bulky item.
29. Where a person wishes to dispose of solid waste containing chloroflourocarbons,
that person must:
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(1) safely deliver the solid waste to the Colchester Balefill Facility to have the
chloroflourocarbons removed by a certified technician, or
(2) arrange to have the chloroflourocarbons removed by a certified technician and
accordingly labelled by the certified technician in accordance with the Ozone
Layer Protection Regulations of the Nova Scotia Environment Act, and safely
deliver that solid waste to the Colchester Balefill Facility.
Rules for Municipal Collection
30. Except as authorized by the Municipality from time to time, including but not
restricted to public education documents published in connection with special
collection days, persons placing solid waste for municipal collection shall comply
with the following:
(1) solid waste shall be placed for collection within three (3) metres of the curb
directly in front of the property that is the source of the solid waste, and shall be
placed in such a manner as to interfere as little as possible with pedestrian
traffic and snow removal;
(2) solid waste shall be placed for collection by 7:00 a.m. on the day of collection;
(3) solid waste shall not be placed for collection before 9:00 p.m. on the day
preceding the collection date for that property and for the appropriate type or
stream of solid waste;
(4) uncollected solid waste and any solid waste scattered by animals, pest or
weather shall be removed by the owner or occupant of the property from which
that solid waste was placed for collection not later than 9:00 p.m. on the
collection date for that property;
(5) residual garbage shall be placed for collection in securely tied, clear,
transparent, plastic, water-proof bags of a dimension not greater than 77
centimetres x 84 centimetres and a volume not greater than 77 litres, and shall
not exceed a weight of 25 kilograms per bag;
(6) not more than six (6) bags and/or containers containing bags of residual
garbage shall be placed for collection on any one collection day;
(7) residual garbage placed pursuant to subsection (6) must be placed in
transparent bags as required by subsection (5), except that one (l) bag of
residual garbage per collection may be placed in a bag that is non-transparent,
in which residual garbage of a private or personal nature may be placed;
(8) recyclables shall be placed for collection in securely tied, blue-tinted, plastic,
water-proof bags of a dimension not greater than 77 centimetres x 84
centimetres and a volume not greater than 77 litres, and shall not exceed a
weight of 25 kilograms per bag;
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(9) residual garbage and recyclables may be placed for collection in waste
collection boxes located within three (3) metres of the curb, provided that:
(a) all residual garbage and recyclables are properly bagged as required by this
By-law;
(b) the box is impervious to domestic and wild animals, rodents, insects, and
which are designed to avoid the entrapment of children; and
(c) the box has a securely hinged lid or lids;
(d) the box has a support to hold the lid open while the contents are being
emptied;
(e) the box is never buried by snow and ice to the extent that it cannot be
collected in a safe manner by the collector;
(f) the solid waste is placed within the box in accordance with all other
requirements of this section, including separation of solid waste streams and
placement in specified bags;
(10) compostables shall be placed for collection in organics carts;
(11) bulky items placed for collection as authorized for municipal collection by the
Municipality shall not exceed 25 kilograms in weight for any one bundle or
container and not exceed I cubic metre in size, with the exception of furniture
or appliance items, and shall not exceed 325 kilograms for all bulky items for
any one residential unit;
(12) when bulky items are authorized for municipal collection by the Municipality,
no more than one of each type of appliance is permitted per collection; and
(13) when Christmas tree waste is authorized for municipal collection by the
Municipality, it shall not have any decorations, ornaments, stands, plastic
bags, wires or nails attached and shall not exceed three (3) metres in length.
(14) Council may establish policy that permits residents to place leaf and yard
waste at the curb as part of the regular solid waste collection service.
31. No person shall place solid waste for collection on a property other than a property
owned or occupied by that person or a property which that person has obtained the
consent of the owner or occupier for the purpose of placing solid waste for
collection.
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Solid Waste Not Permitted for Municipal Collection
32. Except where authorized by the Municipality, no person shall place for collection:
(1) hazardous waste;
(2) sharps;
(3) pathological waste;
(4) hospital and pharmaceutical waste;
(5) asbestos;
(6) septic waste;
(7) hot ashes;
(8) dead animal carcasses larger than 10 kg;
(9) industrial waste, including non-residential, farm, forestry or fishing waste;
(10) materials that are prohibited from disposal by municipal collection by the laws
of the Province of Nova Scotia;
(11) solid waste generated outside the Municipality;
(12) construction and demolition debris that exceeds the dimensions or weight
allowable for bulky item collection by the provisions of this By-law; and
(13) other materials or solid waste as may be identified as unacceptable for
municipal collection by the Municipality, including but not restricted to
identification in public education documents distributed by the Municipality
from time to time.
Collector's Licensing Permit
Collector's License Required
33. No person shall engage in the business of collecting or transporting solid waste to
a solid waste management facility unless the person holds a current collector's
license for that purpose granted by the Municipality.
Application for and Renewal of Collector's License
34. Every application for a collector's license, including a renewal of a collector's
license shall:
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(1) be made in writing and in duplicate, and on such form as may be specified by
the Administrator from time to time, and signed by the person applying;
(2) be made by April 30 of a fiscal year, which is from April I to March 31, for a
collector's license to be granted for that fiscal year;
(3) contain the following:
(a) the name, mailing address and phone number of the applicant;
(b) the current fax number or the current e-mail address of the applicant, or
both;
(c) the provincial motor vehicle registration number and description by make,
model, and year of any vehicles to be used by the applicant in connection
with the collection or transportation of solid waste in the Municipality;
(d) a description of the types of solid waste for which a collector's license is
sought; and
(e) an annual license fee as set out in the Municipal Fees Policy as approved
by Municipal Council.
35. Licensed collectors shall use collection and transportation equipment which:
(1) is registered under the Motor Vehicle Act and which complies with all provisions of
the Motor Vehicle Act or of any other applicable law in effect from time to time;
(2) is insured for third party liability in such amount as may be required from time to
time by the Administrator, proof of which must be provided by the Licensed
Collector upon request of the Administrator;
(3) is driven by operators with valid operators' permits of the requisite class for that
type of vehicle;
(4) is designed and utilized in a manner which prevents any solid waste from falling
out or otherwise being spilled, blown or scattered from the vehicle during collection
or transportation, and in particular:
(a) must be equipped with a restraining device which shall be closed while the
vehicle is in motion; and
(b) must be equipped with a cover, tarpaulin or other adequate protective device to
prevent solid waste from escaping during collection or transportation; and
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(5) is designed, constructed and used in such a manner as to prevent
crosscontamination between separated solid waste, if used in the collection of
more than one type of solid waste.
Requirements of Licensed Collectors
36. Licensed collectors shall:
(1) immediately notify the Municipality of any change in collector's license status;
(2) collect solid waste from the right-hand side of the road only, except on one-way
streets;
(3) refuse collection of solid waste which is not separated or otherwise placed for
collection in accordance with the requirements of this By-law;
(4) ensure that collected solid waste remains separated and uncontaminated by
other streams of solid waste prior to delivery at a municipal solid waste
management facility;
(5) provide instruction to their clients on proper separation of solid waste types, in
accordance with this By-law and any other law of the Province of Nova Scotia
as may be applicable in the circumstances;
(6) refuse to place industrial waste in areas or containers designated for municipal
collection;
(7) comply with the provisions of this By-law, including but not restricted to those
concerning the placement or deposit of solid waste at municipal solid waste
management facilities;
(8) comply with any directives or restrictions on collection or transportation routes,
or the timing, procedures or methods to be utilized in connection with the
collection or disposal of solid waste at a municipal solid waste management
facility as may be specified by the Administrator from time to time; and
(9) attend courses, meetings or training seminars as required from time to time by
the Administrator regarding the collection and transportation of solid waste, the
use of municipal solid waste management facilities and public education
pertaining to solid waste management in the Municipality.
Refusal, Revocation and Suspension
37.
(1) The Administrator may refuse to issue, refuse to renew or revoke or suspend a
collector's license for breach of this By-law or of the terms or conditions of a
collector's license.
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(2) Notice of the Administrator's decision to refusal to issue, refusal to renew or
revoke or suspend a collector's license shall be given by regular mail and
electronically by fax or e-mail.
(3) Subject to subsection (2), the Administrator's refusal to issue, refusal to renew
or revocation or suspension of a collector's license shall be effective seven (7)
days following the date that the applicant or collector receives notice of the
Administrator's decision by regular mail, fax or by e-mail, to the current mailing
address, fax number or e-mail address on file with the Administrator.
(4) The holder of a collector's license in receipt of a notice pursuant to subsections
(2) and (3) may make an objection to the refusal, revocation or suspension in
writing to the Administrator within seven (7) days of the date of effective notice
issued pursuant to subsection (3).
(5) In the event of a willful breach of this By-law by a collector, or the collector's
apparent loss of motor vehicle license, registration or insurance the
Administrator may, without notice or hearing, suspend a collector's license on
reasonable and probable grounds, in which event an interim suspension shall
remain in effect for a period of up to thirty (30) days pending a review of
circumstances the breach or loss of license, registration or insurance by the
Administrator.
(6) Subject to subsection (4), any decision regarding the refusal, revocation or
suspension of a collector's license made by the Administrator may be reviewed
by the Executive Committee of Council upon request of the collector subject to
the decision.
Finance
Tipping Fees
38.
(1) Fees, called "tipping fees", shall be payable by any individual, business or
collector for depositing solid waste at solid waste management facilities.
(2) The amount of a tipping fee and the manner of payment of a tipping fee shall
be as set out in the Municipal Fees Policy approved by Municipal Council.
Other Tipping Fees
39. Where a tipping fee is not addressed by this By-law, including but not restricted to
solid waste generated outside the Municipality, the Municipality may:
(1) negotiate a tipping fee by contract with particular solid waste generators,
licensed collectors, other municipalities or persons; and,
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(2) by resolution, set a tipping fee of general application, subject to variation by
contract.
Offense and Penalty
Violation of By-law
40.
(1) Notwithstanding any other By-law of the Municipality, any person violating any
provision of this By-law shall be liable upon conviction to a penalty of not more
than $5,000, and in default of payment thereof to a term imprisonment for not
more than 60 days.
(2) Each day that a person commits an offence under this By-law constitutes a
separate offence.
THIS IS TO CERTIFY, that amendments to Chapter 33 - Solid Waste By-law, was duly approved at a duly called meeting of
Municipal Council of the Municipality of the County of Colchester, duly convened and held on the 24th day of September, A.D.
2020.
GIVEN under the hand of the Municipal Clerk and under the corporate seal of said Municipality this 6th day of October, A.D.
2020.
Rob Simonds
Municipal Clerk
Amended: September 24, 2020
First Reading: August 27, 2020
Notice of Intent: September 8, 2020
Second Reading: September 24, 2020
Notice of Approval: September 29, 2020
I, Rob Simonds, Municipal Clerk of the Municipality of the
County of Colchester, do hereby certify that the adjacent
Notice of Approval is a true copy of the Notice of Approval
of Chapter 33 Solid Waste By-law duly advertised in the
Thursday, September 29, 2020, issue of the Truro News.
GIVEN under the hand of the Municipal Clerk and under
the corporate seal of said Municipality this 6th day of
October, A.D. 2020.
Rob Simonds
Municipal Clerk