Solid Waste By-Law 18-02 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 97d7a6fa098d · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Solid Waste By-Law (Amended 2021) - This By-law is entitled the "Solid Waste By-law" and is developed in accordance with the Municipal Government Act 1998, Chapter 18, Section 325. ## Definitions ## In this By-law: - the waste is generated by the residents of the residential premise; - (1) "backyard composting" means composting at a residential premise of organic solid waste comprised of yard waste and food scraps and spoiled or waste food or foodstuff excluding meat, fish, eggs or dairy products where: - the annual production of compost on any property lot does not exceed 2 cubic meters; and - (iii) the composter, container or compost pile is not located within 15 meters of any window or door of a structure on an adjacent property; - (2) "bulky Item" means a large, unbagged item of residual waste; - (3) "biomedical waste" means and is limited to carcasses of animals exposed to pathogens, disease waste, cultures and stocks, human blood and blood products, pathological waste, sharps waste, and other waste determined to be infectious; - (4) "By-law Officer" means any person appointed by the Municipality as a By-law Officer or By-law Enforcement Officer; - (5) "CISMA" means the Cumberland Joint Services Management Authority or its successors who manage the operation of the Cumberland Central Landfill in Cumberland County; - (6) "collector" means any person or corporation collecting solid waste in the Municipality for gain or profit licensed in accordance with section 7 of this By-law; - (7) "commercial container" means any container used for the storage of solid waste or any container used for the storage of organic materials or fibre recyclable materials or container recyclable materials originating from industrial, commercial, or institutional premises on properties located in the Municipality for collection by a hauler; - (8) "compostable organics" means food scraps and spoiled or waste food or foodstuff including vegetable peelings, meat, fish, eggs, bones, waste food products, soiled and wet paper and soiled paper products such as table napkins, paper towels, pizza boxes, wet ashes, leaves and yard waste, together with such other organic materials as may, from time to time, be identified in public education documents suitable for municipal collection in compost carts; - (9) "compost cart" means a wheeled cart designed to be emptied by hydraulic lifting devices for the storage and municipal collection of compostables made available by or through the Municipality for that purpose; - (10) "composting" means the nuisance-free biological decomposition of organic materials, substances or objects under controlled circumstances to a condition sufficiently stable for safe storage and use in land applications; - (11) "construction, demolition, and renovation debris"(C&D) means materials which are normally used in the construction of buildings, structures, roadways, walls and other landscaping material and includes, but is not limited to, soil, asphalt, brick, mortar, drywall, plaster, cellulose, fiberglass fibers, gyproc, lumber, wood, asphalt shingles, and metals and such other materials as may be permitted from time to time by regulations of the Province of Nova Scotia for disposal at a disposal site for construction, demolition, and renovation debris; - (12) "contaminated soil" means soil which: 5. (i) has been contaminated with and contains in excess of 2,000 parts per million of total petroleum hydrocarbons; or 6. (ii) has been removed from a site because of actual or suspected contamination pursuant to a requirement or order of the Nova Scotia Department of Environment; - (13) "contamination" generally refers to any item which is not acceptable in any given source-separated stream according to the definition of that stream. In the case of recyclable materials, contamination also refers to recyclable items which may be soiled or dirty, which renders such items non-recyclable; - (14) "Council" means the Municipal Council for the Municipality of the County of Cumberland; - (15) "curb" means that portion of the public street right-of-way between the traveled portion of the street and the property line which parallels the center of the road, whether or not the road is paved; - (16) "Cumberland Central Landfill" means the solid waste processing and disposal complex at Little Forks, Cumberland County, which includes a sanitary landfill, a recycling plant, a compost processing facility, leachate treatment facility, leaf and yard waste area, contaminated soils area, a metal salvage area, and a demolition debris disposal site; - (17) "hazardous waste" means waste that may be harmful to humans, animals, plant life or natural resources including, but not restricted to, industrial chemicals, toxic, flammable, corrosive, radioactive, reactive, pathological and PCB waste, oil, gasoline, paint solvent, wood preservatives, ink, battery acid, pesticides and insecticides; - (18) "hospital and pharmaceutical waste" means waste generated at hospitals, clinics, pharmacies, veterinary clinics, dentist offices and includes used needles, drugs, dressings, excluding pathological waste; - (19) "householder" means owner, occupant, lessee, tenant or other person in charge of a dwelling, mobile home, hotel, restaurant, apartment unit, office building, public institution or other building or property, and includes the person assessed for the building pursuant to the Assessment Act, R.S.N.S. 1989, c.23; - (20) "ICI sector" means the Industrial, Commercial and Institutional sector, and includes motels, restaurants, office buildings, public institutions, manufacturing plants, retail sales outlets, apartment buildings with four (4) or more dwelling units, or any other premise not a residential premises as defined by this By-law; - (21) "landfill" means a landfill site chosen by the Municipality by resolution; - (22) "Municipality" means the Municipality of the County of Cumberland; - (23) "owner" means: 6. (i) a part owner, joint owner, tenant in common or joint tenant of the whole or any part of the land or a building; 7. (ii)) in the case of the absence or incapacity of the person having title to the land or building, a trustee, an executor, a guardian, an agent, a mortgagee in possession or a person having the care or control of the land or building; or 8. (iii) in the absence of proof to the contrary, the person assessed for the property; - (24) "pathological waste" means any part of the human body excepting hair, nail clippings and the like, any part of a dead animal infected with a communicable disease, and non-anatomical waste infected with a communicable disease; - (25) "permanent resident" means an individual who occupies a residence for the greater part of a year, as verified by a driver's license or similar document denoting that property as the permanent home residence for the individual; - (26) "premise" means any building or property in the Municipality; - (27) "public education documents" includes newspaper or radio advertisements, newsletters, pamphlets, flyers or other material circulated by mail or delivery by or for the Municipality, CISMA, the Nova Scotia Department of Environment or the Nova Scotia Resource Recovery Fund Board; - (28) "reactive waste" means a waste that reacts violently with water or is readily capable of detonation or explosive reaction including calcium carbide; - (29) "recyclable material" means: 15. # fibre recyclables- means corrugated cardboard, newsprint, catalogues, bond paper, glossy flyers and magazines, paper egg cartons, boxboard, computer paper, telephone and other soft cover books, and any such other items as may, from time to time, be identified in public education documents distributed by the Municipality or CJSMA as suitable for municipal fibre recyclables collection; - ii) "container recyclables" - means redeemable beverage containers, steel, tin or aluminum food containers and cans, glass food containers, jars and bottles, low density polyethylene bags and packaging, high density bags, containers and packaging, polycoat containers for milk, milk products, soya milk, concentrates or other liquids or powders, and any such other items as may, from time to time, be identified in public education documents distributed by the Municipality or CISMA as suitable for municipal container recyclables collection; - (30) "redeemable beverage container" means a container of less than 5 litres which contains or has contained a beverage and was sealed by the manufacturer after the beverage was placed in it, other than a container for milk, milk products, soya milk or concentrates; - (31) "residential premises" includes single family dwellings, duplexes and apartment buildings with three dwelling units or less, but does not include a motel, hotel or inn; - (32) "residential solid waste" includes compostables, recyclable materials and residual waste generated at a residential premise; - (33) "residual waste " means waste other than: - (i) recyclable material; - (ii) compostables; - (ili) C&D, pathological waste, reactive waste, septic waste, hospital and pharmaceutical waste, contaminated soils, friable asbestos, leaf and yard waste, sharps waste, white goods, or other material identified in this By-Law as to be placed for collection only upon special collection dates; - (iv) notwithstanding subparagraphs (i) and (ii) hereof, residual garbage may include compostables or recyclable materials to the extent separation of compostable and recyclable material was not reasonably possible for the waste generator because of the fusing or bonding together of materials in the state in which the waste generator received them or because of the reasonable cross-contamination of materials in the ordinary course of use by the waste generator, if such contamination was unavoidable by the exercise of due diligence by the waste generator; - (34) "scrap metal/white goods" includes items such as washers, dryers, dishwashers, stoves and refrigerators, oil tanks (cut in half), other metal items, etc.; - "seasonal residential premises" means property used as temporary habitation for any portion of the year, but not a permanent residence as defined in this By - Law; - (36) "septic waste" means the liquid and solid material removed from septic tanks, sewage treatment plants, and manholes, cesspools, privies and portable toilets; - (37) "sharps waste" means hypodermic needles, syringes with needles attached, IV Tubing with needles attached, dental scalers, scalpel blades, and lancets that have been removed from the original sterile package; - (38) "solid waste" includes recyclable material, compostables, and residual waste, C&D, leaf and yard waste, contaminated soils and any other waste or discarded tangible personal property; - (39) "stream" means waste of the same kind being: 3. (i) compostables; 4. (il) fibre recyclable material; 5. (iii) container recyclable material; 6. (iv) residual waste; 7. (v) C&D; 8. (vi) detached asphalt shingles; 9. (vii) scrap metal/ white goods; 10. (viii) contaminated soil; 11. (ix) solid waste of any type which is not acceptable at a municipal solid waste management facility; or 12. (x) 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; - (40) "unacceptable materials" means materials not accepted for disposal at the Cumberland Central Landfill, including but is not limited to biomedical waste and household hazardous waste; - (41) "yard and leaf waste" means vegetative matter resulting from gardening, horticulture or landscaping, including materials such as tree and shrub trimmings, plant remains, grass clippings, leaves, trees and stumps, but excludes C&D or contaminated organic matter. ## Source Separation 3. Owners and occupants of property in the Municipality shall separate solid waste at the time of generation, and provide storage, placement for collection and disposal into uncontaminated separate solid waste streams as follows: - (1) compostables; - (2) fibre recyclable materials; - (3) container recyclable material - (4) contaminated soil - (5) C&D; - (6) detached asphalt shingles; - (7) residual waste; - (8) scrap metal/white goods; - (9) solid waste of any type which is not acceptable at a municipal solid waste management facility, each such type in its own stream; and - (10) solid waste of any type which is only accepted on the occasion of special collections, or by contract, or by express approval in advance of the operator of a municipal solid waste management facility, each such type in its own stream. ## Residential Solid Waste Disposal - (1) No person shall deposit, cause or permit to be deposited solid waste at any place in the Municipality other than at the Municipal Solid Waste Management Facility or other site approved by the Province of Nova Scotia for that purpose. - (2) Subsection (1) shall not apply to the placement of solid waste for curbside collection as provided for in this By-law. - (3) Subsection (1) shall not apply to the backyard composting of organic solid waste. - (4) Subsection (1) shall not apply to the un-concentrated deposit and distribution of waste trees and brush or portions thereof or of other organic farm or forestry waste for disposal by decay on forest or farm land - (5) Subsection (1) shall not apply to the spreading of fertilizer on farm lands. - (6) Subsection (1) shall not apply to the nuisance-free deposit and disposal of aggregate, soil, bricks, mortar, concrete, asphalt, pavement, porcelain or ceramic materials as fill. 7. No person shall place, nor cause to be placed, for collection any solid waste that is not separated as required by section 3 of this By-law or which is falsely or misleadingly presented or packaged as solid waste of a particular kind, type, stream or place of origin or which is concealed within or intermingled with solid waste of another kind, type, stream or place of origin. 8. No householder 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, unsightly or a hazard to public health. ## Municipal Residential Collection 7. Council may by resolution provide for municipal collection of solid waste by a contractor in some or all areas of the Municipality and, for greater certainty and without limiting Council's discretion to use different collection classifications, Council may limit collection to particular types of solid waste, to properties containing not more than a specified number of residential households, and/or to commercial solid waste generators of a particular type or size or generating not more than a specified volume of solid waste, and may provide different collection services for any different class of waste generator. 8. Except to the extent authorized by contract with the Municipality or by public education documents distributed from time to time, including, but not restricted, to public education documents or notices published in connection with special collection days, persons placing solid waste for collection shall comply with the following: - (1) the frequency and schedule of collection of residential solid waste within the Municipality shall be determined by resolution of Council. ## RESIDENTIAL SECTOR - (2) all solid waste shall be placed for collection within three meters of the curb, placed in such a manner as to interfere as little as possible with pedestrian traffic and snow removal. - (3) residual waste shall be placed for collection in securely tied, transparent colourless plastic disposable water-proof bags of a dimension not smaller than 60 cm X 80 cm, nor greater than 100 cm X 150 cm, and shall not exceed a weight of 25 kg per bag and not more than four (4) such bags per residential premises shall be placed for collection on any one collection day. One bulky item of residual waste may be placed at curbside for collection on the regular residential waste collection day. No item is to exceed 50 Kg in weight. Mattress and box spring sets shall be considered a single item. - (4) properly separated fibre or container recyclable materials shall be placed for collection in securely tied, transparent, colourless, or blue plastic disposable water-proof bags of a dimension not smaller than 60 cm X 80 cm, nor greater than 100 cm X 150 cm, and shall not exceed a weight of 25 kg per bag, there is no bag limit for recycling. - (5) the collection of compostable organics shall be subject to the following conditions or such further conditions as the Municipality may establish by resolution: 5. (ii) the compost carts are the property of the Municipality. The owner of the residential premise shall be responsible to ensure that such carts are kept secure on their premise and are kept in good repair; 6. (i) each residential premises shall have a compost cart supplied by the Municipality in which organics are to be placed for collection; 7. (iii) storage of food scraps and spoiled or waste food or foodstuff, except as disposed of by backyard composting, shall be removed from every property by the occupant no less than once every two weeks and disposed of according to this By-law. - (6) bulky items placed for special collection shall not exceed 50 kg in weight for any one item or 150 kg for all items for any one residential premise on any one special collection day and no individual item shall measure greater than 2.0 meters in any dimension. - (7) C& D debris placed for special collection shall be in a single pile directly on the ground. The pile must be no larger than 4 feet (122cm) high by 4 feet (122cm) wide by 8 feet (244cm) long or 128 cubic feet (12 sq. metres). - (8) No person shall place for collection: 11. (i) hazardous waste; 12. (ii) hospital and pharmaceutical waste 13. (ili) pathological waste; 14. (iv) asbestos; 15. (v) septic waste; 16. (vii) dead animals; 17. (vi) hot or dry ashes: 18. (viii) industrial waste, including non-residential farm, forestry or fishing waste; 19. (x) waste generated outside the Municipality; or 20. (ix) tires; 21. (xi) other materials or solid waste as may be identified as unacceptable for ## (9) Scavenging - (i) no person shall pick over, interfere with, disturb, remove or scatter any waste or bundled article placed out for collection, whether in a concealed container or otherwise; - (ii) no person shall permit any animal owned or harboured by him or under his control to pick over, interfere, disturb, eat, remove or scatter any waste placed out for roadside collection; - (iii) except as authorized by the Municipality, no person shall remove recyclable material or other solid waste placed or apparently placed for municipal collection. All recyclable materials are the property of the Municipality from the moment of placement for municipal collection; - this subsection does not apply to the person who placed the waste material for collection or to the Municipality, its contractors or authorized Municipality collection contractors; - (10) no person shall place solid waste for collection on a property other than solid waste generated on that property; - (11) waste refrigerators and freezers shall either be stored inside an enclosed, locked and child-proof building or shall have their doors removed and; - (12) solid waste containers, compost carts, uncollected waste and any waste scattered by animals, pests or weather shall be removed by the householder from the place where such solid waste was placed for collection no later than midnight on the day of collection. ## Special Collections 9. Council may by resolution provide for special municipal solid waste collections on an occasional basis or may provide for municipal collection from a drop-off site, of particular types of solid waste, such as discarded Christmas trees, bulky items not eligible for regular municipal collection, household hazardous waste or other specified solid waste and may limit such special collection in particular areas of the Municipality, to properties containing not more than a specified number of residential households and/or to commercial solid waste generators of a particular type or size or generating not more than a specified volume of solid waste. ## Cost of Solid Waste Service 10. The cost of acquiring organics carts, together with collection fees and tipping fees for residential solid waste, which is subject to general municipal collection, will be paid by the Municipality and shall be estimated during the annual budget process of the Municipality and may be charged and collected: - (1) as part of the municipal residential property tax; and - (2) in the case of properties not subject to municipal residential property tax, by separate charge for waste collection and disposal based on the Municipality's actual costs per cart and per unit collection costs; and in the event of non-payment by the due date, such waste collection in public education documents distributed from time to time. collection and disposal charge shall bear interest equivalent to the interest rate levied against outstanding property taxes and may be collected as an ordinary debt and, in the case of charges invoiced pursuant to subsection (1) of this section, shall constitute a first lien (Municipal Government Act, Section 75-5) on real property and may be collected, together with pre-judgment interest from the date due, in the same manner as a tax. ## Solid Waste Containers 11. The owner and occupant of every property in the Municipality shall provide sufficient and adequate receptacles or containers for solid waste which may accumulate from time to time on the property, and, without limiting the generality of the foregoing: - (1) food scraps and spoiled or waste food shall be stored in organics carts or compost bins in other receptacles or containers that are water-proof, impervious to domestic and wild animals and rodents and which are designed to avoid the entrapment of children; - (2) organics carts, compost bins or other receptacles or containers used for storage of food scraps and spoiled or waste food shall not be placed or kept within 2 meters of a window or door situated on an abutting or adjacent property; - (3) recyclable material and residual garbage shall be stored inside buildings or in receptacles or containers that are water-proof, impervious to domestic and wild animals and rodents, and which are designed to avoid the entrapment of children. ## INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SECTOR (ICI) ## Industrial, Commercial, Institutional Solid Waste Disposal 12. Subject to Section (13) of this By-law, owners and occupants of properties in the ICI Sector which generate the following waste shall, either personally or by employees, contractors or agents and in compliance with all applicable federal, provincial and municipal laws, remove and dispose of such waste at their own expense. 13. The Municipality may provide collection of solid waste to the ICI sector on such terms and conditions as Council may determine by resolution and may, in such contract, vary any of the limitations or restrictions applicable to general municipal collection as set out herein. 14. The property owner of a property in the ICI sector shall ensure that: - (1) adequate space is provided on the property to accommodate containers for the collection of source separated residual waste, organic materials and recyclable materials generated at the property; - (2) where food is consumed on site, receptacles are present to accommodate the collection and separation of residual waste, organic material, and recyclable materials for people disposing of such material; - (3) signage clearly defined for the sorting of fibre recyclables, container recyclables, organic materials and residual waste is located within 3 meters of the receptacles and; - (4) where industrial, commercial or institutional properties have a chute, signage is posted on every floor where access to a chute is provided to instruct tenants as to the location of commercial containers for residual waste, fibre recyclables, container recyclables, and organic materials. 15. The occupant of ICI sector property shall: - (1) source separate all waste generated in the occupant's unit or portion of the building at the point of generation into residual waste, organic material, and recyclable material, so as to comply with provincial disposal bans and to facilitate their fibre recyclables, container recyclables, composting, or disposal in accordance with the municipality's waste resource management system; and - (2) place for collection source separated material in containers in accordance with this section at the storage areas on the property as designated by the property owner. ## Commercial Containers 16. Any person who makes use of a commercial container for the temporary storage of waste shall ensure that such commercial container: - (1) is sturdily constructed of weather-proof and animal-proof material, and is capable of containing the material deposited within; - (2) has displayed thereon the name and telephone number of the owner of the container and the type of material to be deposited therein; - (3) has displayed thereon the following message "GARBAGE" or "WASTE" where residual waste is to be deposited in the commercial container; - (4) has displayed thereon the following message "ORGANICS" where organic materials are to be deposited in the commercial container; - (5) has displayed thereon the following message "FIBRE RECYCLABLES" where recyclables are to be deposited in the commercial container; - (6) has displayed thereon the following message "CONTAINER RECYCLABLES" where container recyclables are to be deposited in the commercial container; - (7) where it is not possible to display the appropriate messages as outlined in this subsection directly on the commercial container, then appropriate signage shall be posted within 3 metres of the commercial containers with the message indicating the materials to be deposited therein, - (8) any message required by this section shall use lettering that is not less than 10 centimetres in height and 4 centimeters in width; - (9) is equipped with a lid with a positive closing device which shall be kept closed except when the container is being loaded or unloaded; - (10) is cleaned regularly and periodically, as necessary to avoid the build-up of odors; and - (11) where tenants are required to place materials in the container, the container shall be designed and situated to be reasonably accessible for this purpose; 17. The owner of any premises on which a commercial container is placed shall ensure that: - (1) where possible, any such container is kept behind or beside the building which it serves; - (2) if kept in front of the building due to lot size and/or property configuration, such container is located at least six (6) meters from the front property line; - (3) any such container is reasonably screened so as not to be visible from any street; and - (4) any such container is kept in a manner that is not unsightly and does not cause a nuisance or health related problem. 18. No person shall place a commercial container on any public street within the Municipality without the written permission of the Municipal Engineer. 19. The owner of any premises upon which a commercial container is located shall be responsible to: - (1) keep the area surrounding any such container free from litter and waste; - (2) cause any such container to be emptied at least once in every seven (7) days or more frequently if the container becomes filled before the seven day period elapses unless the material is of a nature such that longer storage will not cause a nuisance or health related problem (e.g. dry or inert type materials, recyclable material or scrap metals); - (3) ensure that any such container is loaded uniformly and is loaded such that waste material is completely contained within the container when closed. 20. The owner of any ICI premises shall ensure that commercial containers on the premises: - (1) accommodate source separated waste generated at that location; - (2) are designed and constructed such that the waste (residual waste, organic materials, fibre recyclable materials and container recyclable materials) remain in a source separated condition: and - (3) are easily accessible to the occupants. 21. The owner of any ICI sector premises may make use of aerated organics containers specifically designed and approved for the storage and collection of source-separated organic materials from ICI premises provided the owner complies with the other applicable requirements of this Section. 22. Bulk commercial containers used during construction or repair work need not comply with Section 16 of this By-Law for a temporary period of not more than six (6) months or until the completion of the construction or repair work, whichever is sooner. 23. Where an inspection is required or conducted pursuant to this By-law: - (1) the By-law Officer may enter in or upon land or premises at a reasonable time without a warrant: - (2) except in an emergency, the By-law Officer shall not enter a room or place actually being used as a dwelling without the consent of the owner or occupier, unless the entry is made in daylight hours and written notice of the time of the entry is given to the owner or occupier at least twenty-four hours in advance; and - (3) where a person refuses to allow the inspector to exercise, or attempts to interfere or interferes with the By-law Officer in the exercise of a power granted pursuant to this Bylaw, the By-law Officer may apply to a judge of the Supreme Court of Nova Scotia for an - i. to allow the By-law Officer entry to the building; - ii. restraining a person from further interference; and - iii. to recover all costs associated with any such order. ## Solid Waste Collectors 24. No person shall engage in the business of collection or transporting solid waste to a solid waste management facility in the Municipality unless the person holds a current Collectors License from the Municipality for that purpose, obtained or renewed before January 1 in each calendar year. 25. The application for a Collectors License shall be made in writing, in duplicate, on such form as may be specified by the Solid Waste Administrator from time to time, and signed by the person applying therefore. Every application for a Collectors License, including each annual renewal, shall contain the following information: - (1) the name, address and phone number of the applicant; - (2) the provincial motor vehicle registration number and description by make, model, and year of any vehicles to be used by the applicant in connection with the collection or transportation of solid waste in the Municipality; - (3) a description of the types of solid waste for which a Collector License is sought; - (4) an annual license fee as set by the Municipality's Fees Policy. 26. Licensed collectors shall use collection and transportation equipment which: - (1) is insured for third party liability in such amount as may be required from time by the Solid Waste Administrator or as listed in tender documents; - (2) is registered under the Motor Vehicle Act and which complies with all provisions of that Act or of any other applicable statute or regulation in effect from time to time; - (3) is driven by an operator with a valid operator's permits of the requisite class for that type of vehicle; - (4) is designed and utilized in a manner which prevents any solid waste or liquid waste from falling out, being spilled, blown or scattered from the vehicle during collection or transportation and, in particular: 2. (i) must be equipped with a tailgate or other restraining device which shall be closed while the vehicle is in motion; 3. (ii) must be equipped with a cover, tarpaulin or other adequate protective device to prevent littering during collection or transportation of solid waste; and - (5) if used in the collection of more than one type of solid waste, be designed, constructed and used in such a manner as to prevent cross-contamination between different solid waste streams. 27. Licensed collectors shall: - (1) refuse collection of solid waste which is not separated or otherwise placed for collection in accordance with the requirements of this By-law; - (2) haul in separate loads of solid waste collected in different municipal units; - (3) comply with the provision of this By-law, including but not restricted to those concerning the placement or deposit of solid waste at municipal solid waste management facilities; - (4) attend courses or training seminars, as stipulated from time to time by the Solid Waste Administrator regarding the collection and transportation of solid waste, the use of solid waste management facilities and the public education of solid waste generators; and - (5) comply with any directives or restriction on collection or transportation routes, or the timing, procedures or methods to be utilized in connection with the collection or disposal of solid waste at a municipal solid waste management facility as may be specified by the Solid Waste Administrator from time to time. 28. The Solid Waste Administrator may refuse to issue or renew or may revoke or suspend a Collectors License for breach of this By-law or of the terms or conditions of a License. The Solid Waste Administrator may suspend a Collectors License on reasonable and probable grounds without hearing or notice in the event of a willful breach of this By-law or a loss or apparent loss of vehicle/driver licensing, registration of insurance, in which event an interim suspension shall remain in effect for a period of up to 30 days pending a hearing. In all other instances, a refusal to issue or renew or a revocation or suspension of the License shall only by made by Council after convening a hearing to the applicant or Licensed Collector by registered mail or personal service. ## Prohibitions 29. No person shall export or remove solid waste material generated within the Municipality outside the boundaries of Cumberland County and all such solid waste shall be disposed of within the boundaries of Cumberland County in accordance with this By-Law, except when and as authorized by a Resolution of Council. No person shall expert or remove solid waste material generated within Municipality outside the boundaries of Cumberland County and all such solid waste shall be disposed of within the boundaries of Cumberland County and in accordance with this By Law,, untess permission is granted by a Reselution of Council. 30. For the purpose of Section 29, solid waste means solid waste materials, including but not limited to, residual waste, industrial, commercial and institutional waste, construction and demolition waste, mixed waste, and organic materials, but does not include recyclable materials from industrial, commercial and institutional sector premises, pathogenic or biomedical waste, or hazardous waste, materials. for the purpose of the previous section, solid waste means solid waste materials, including but not limited to, residuat waste, ICI waste, construction and demolition waste, mixed waste, and organic materials, but dees not include recyclable materials from ICI secter premises, pathogenic or biomedical waste, or hazardous waste, materials. Sections 29 and 30 were repealed by the By-Law to Amend the Solid Waste By-Law and Solid Waste Collectors By-Law 21-04 approved on September 22, 2021. Those same sections were then replaced as laid out in By-Law to Amend the Solid Waste By-Law 21-08. 31. It is the policy of the CJSMA that all materials brought for disposal to the Cumberland Central Landfill are source separated at the time of generation as per Section 3 of this By-law. 32. No person shall place, cause to be placed or permit to be placed at, in or adjacent to a municipal solid waste management facility any solid waste when the facility is not open or when the operator or municipal staff of the municipal solid waste management facility refuses to accept a load or loads or items of solid waste. 33. No person shall remove material from the Cumberland Central Landfill without permission from Cumberland Joint Services Management Authority. 34. Loads entering the Cumberland Central Landfill site will be inspected. Waste Haulers and Generators are advised that CJSMA reserves the right to reject non-compliant loads or portions of loads and to recover additional waste management cost incurred due to the improper disposal of non-compliant materials by Haulers and/or Generators. In the event materials are not in compliance with regulations for disposal at the site, and are not identified by the site owners and operators until dumping of the materials has commenced or has been concluded, the collector and the originator of such materials shall be responsible to immediately remove the non-compliant materials from the site. Anyone disposing of Solid Waste at the Cumberland Central Landfill must provide proof of origin upon request. ## Burning Solid Waste 35. Except as otherwise permitted by law, no person shall burn solid waste within the Municipality as a method of waste disposal in a barrel, stove or other device or in the open, except for brush, tree limbs and milled wood that is free from adhesives, coatings and preservatives. ## Enforcement and Penalty 36. Evidence that solid waste deposited or placed in contravention of this By-law originated from a particular person shall, in the absence of evidence to the contrary, be prima facie evidence that the person so deposited or placed it, or caused or permitted it to be so deposited or placed. 37. Where a person is convicted of an offence under Section 4 of this By-law, they are liable to a penalty on summary conviction to a fine of not less than Five Hundred Dollars ($500.00) and not more than Ten Thousand Dollars ($10,000.00) for each offence and to imprisonment of not more than 6 months or both. 38. Any person who contravenes any provision of this By-Law, other than Section 4, is punishable on summary conviction by a fine of not less than $500.00 and not more than $5,000 and to imprisonment of not more than 60 days in default of payment thereof. 39. Any person who contravenes Section 4 of this By-Law by allowing solid waste to remain in an unapproved location is liable to be convicted of a separate offence for each day the solid waste remains in that location. 40. Where any person contravenes any provision of this By-Law and is convicted pursuant to Section 4, the Court may, in addition to any fine, impose a charge, equal to or less than the amount of any cleanup, removal or other remedial costs incurred by the Municipality or the owner of the land affected by the contravention. 41. On the effective date of this By-Law, all previous Solid Waste By-laws of the Municipality, and the former Towns of Springhill and Parrsboro are hereby repealed. ## Clerk's Annetation for Official By-Law Book Date of first reading: February 21.2018 Date of final reading... March 21. 2018 *Date of advertisement of Passage of By-Law: April 4. 2018 Date of mailing to Minister a certified copy of By-Law: \_April 11.2018 ## *Amendment te ByLaw via the By-Law to Amend the Solid Waste By-Law and Solid Waste Collectors By-Law 21-04. Date of First Reading: July 27*, 2021 Date of advertisement of Notice of Intent to Consider: August 4, 2021 Date of Final Reading: Sept. 22, 2021 "Date of advertisement of Approval of By-Law: October 20, 2021 Date of mailing to Minister a certified copy of the By-Law: October 24, 2021 ## *Amendment to By-Law via the By-Law to Amend the Solid Waste By-Law 21-08. Date of First Reading: December 22, 2021 Date of advertisement of Notice of Intent to Consider: December 23, 2021 Date of Final Reading: January 12, 2022 *Date of advertisement of Approval of By-Law: January 24, 2022 Date of mailing to Minister a certified copy of the By-Law: January 24, 2022 1 certify that this SOLID WASTE BY-LAW was amended by Council and published as indicated above.