The Solid Waste Resource Management Bylaw #2020-01
Digby, Nova Scotia
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SOLID WASTE-RESOURCE MANAGEMENT
BY-LAW NO. 2020-01
A Bylaw to Regulate Solid Waste Resource Collection and Disposal Thereof
WHEREAS under Section 325 of the Municipal Government Act (1998), Council may make by-laws
respecting solid waste disposal.
AND WHEREAS under Section 172 (1) (L) of the Municipal Government Act (1998), Council may make
bylaws respecting the enforcement of by-laws under the authority of a statute.
NOW THEREFORE, the Council of the Municipality of the Town of Digby in open meeting assembled,
enacts as follows:
Title
This By-Law may be cited for all purposes as the "Solid Waste Resource Collection and Disposal By-
Law"
1. Definitions:
In this By-Law:
A. "Administrator" means the person appointed by the Chief Administrative Officer of the
Town of Digby to administer this By-Law, or their designate;
B. "adverse effect" means an effect that impairs or damages the environment, the health
of humans or the reasonable enjoyment of life or property;
C. "Authority" means Western Region Solid Waste Resource Management Authority, also
known as Waste Check.
D. "asbestos" means asbestos waste as defined in the Asbestos Waste Management
Regulations made under the Nova Scotia Environment Act, S.N.S. 1994-95, c.1, as
amended;
E. "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:
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i. the waste is generated by the residents of the property or neighbouring properties
or both; and
ii. the annual production of compost on any property lot does not exceed [10] cubic
metres.
F. "beverage" means any liquid that is a ready to serve drink, but does not include milk, milk
products, soya milk or concentrates as defined by the Nova Scotia Beverage program;
G. "beverage container" means a container of [5] litres or less which contains or has
contained a non-liquor beverage and was sealed by the manufacturer after the beverage
was placed in it;
H. "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;
I. "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 (cut in half), toys, bicycles and lawn furniture.
J. "Business" means any person, organization, or group engaged in a trade, business,
profession, occupation, calling, employment or purpose and, for the purposes of section
Q, includes a person employed by, or operating on behalf of, a Business.
K. "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;
L. "clean wood" means wood materials that are not contaminated with other non-wood
materials (including paints, stains or adhesives), such as are dimensional lumber, wooden
chairs, fencing, etc.
M. "collector" means an individual or company that collects and disposes of residual
garbage, recyclables or compostable material or combination thereof to designated
municipal solid waste management facilities;
N. "Collection contractors" means a collector that is under contract with the Municipality to
provide curbside collection services.
O. "commercial container" means any container used for the storage of solid waste
materials on IC&I sector and multi- unit residential properties for collection of solid
waste.
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P. "compostable material" or "compostable organics," or "organics" means food scraps and
spoiled or waste food or foodstuff including vegetable peelings, meat, fish, eggs, bones,
waste food products, soiled and wet and soiled paper products such as table napkins,
paper towels, pizza boxes, leaves and grass clippings, branches and bushes that are [1.2]
metres or less in length and [2] centimeters or less in diameter, together with such other
compostable materials as may be identified in public education documents distributed by
the Municipality and/or Authority from time to time; and
Q. "composting" means the 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;
R. "Compostable Product" means any non-food product made or described as being
biodegradable or compostable or other similar description.
S. "construction and demolition 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 by applicable laws;
T. "contaminant" means a substance that causes or may cause an adverse effect;
U. "contaminated soil" means any soil which has been exposed to 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;
V. "Council" means the Council for the Municipality of the Town of Digby;
W. "curb" means the [3] metre (10ft) distance from the edge of the travelled portion of a
public street, road, or private road that meets the approval of the Municipality for solid
waste collection, but it does not include the ditch;
X. "Dwelling" or "Dwelling Unit" means a self-contained portion of a building occupied as a
separate residence.
Y. "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;
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Z. "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;
AA. "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;
BB. "industrial waste" means residual waste typically generated in the industrial, commercial
and institutional sector;
CC. "industrial/commercial/institutional sector" or "IC&I sector" means one or more
industrial, commercial or institutional establishments.
DD. "industrial/commercial/institutional waste" or "IC&I waste" means waste-resource
generated in the IC&I sector.
EE. "land" means surface land, land covered by water, subsoil, matter beneath the subsoil or
any combination or part thereof;
FF. "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;
GG. "litter" means any material left or abandoned in a place other than a container or place
intended or approved for receiving such material, including material that may,
intentionally or unintentionally, exit from a moving or stationary vehicle;
HH. "Minister" means the Minister of Environment for the Province of Nova Scotia;
II. "Multi-Unit dwelling" means a residence that contains more than one dwelling unit (ie
apartment buildings, etc.).
JJ. "Municipality" means the Municipality of the Town of Digby
KK. "Municipal collection" means the action by the Municipality or its collector for residential
solid waste of picking up source-separated waste resources and other solid waste at the
curb or premises, loading it into trucks, and delivering it to the designated municipal solid
waste management facility.
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LL. "municipal solid waste management facility" or "municipal resource management
facility" means a site identified by the Municipality for receiving, storing, sorting,
processing, transfer, or disposal of designated solid waste;
MM.
"organics cart" or "Green Cart" means a wheeled cart designed to be emptied by
hydraulic lifting devices and approved by the Municipality for the storage and
municipal collection of compostable materials;
NN.
"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;
OO.
"Permanent waste-resource storage container" means any container used for the
storage of waste at roadside. It must be accessible to the collection contractors, and
must be weather-tight, animal proof, and constructed such that waste-resources
remain in a source separated condition.
PP.
"Private Waste Resource Management Facilities" means any facility privately owned
and operated for the receiving, storing, sorting, shipping and/or disposal of solid
waste as permitted by Nova Scotia Environment.
QQ.
"public education documents" includes newspaper, radio and local television
advertisements, information posted to the Municipality's and/or Authority's website,
and newsletters, pamphlets, flyers or other material circulated electronically or by
ordinary mail or delivery by or for the Municipality and/or the Authority or the
Minister;
RR.
"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, tetra packs together with such other plastic recyclable
materials as may be identified in public education documents distributed by the
Municipality and the Authority from time to time;
SS.
"recyclable paper materials" means 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 and the Authority from time to time;
TT.
"recyclable material" means recyclable paper materials or recyclable container
materials as defined in this By-Law;
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UU.
"redeemable beverage container" means a beverage container for which a consumer
was required to pay a deposit;
VV.
"residual garbage" means waste other than:
I. recyclable material;
II. compostable materials;
III. leaf and yard waste; and
IV.
any other waste that is prohibited from disposal by way of municipal
collection or at a municipal solid waste management facility designated for
residual garbage by this By-law or by the Minister;
WW.
"sharp" means needles, syringes, lancets, auto injectors and infusion sets;
XX.
"soiled and non-recyclable paper" means dinner napkins, paper towels, wax paper,
wrapping paper, soiled pizza boxes, paper plates, damp and soiled newspaper and
flyers, sugar, flour, & potato paper bags or other similar items.
YY.
"solid waste" means residual garbage, recyclable material and compostable material,
as well as any other type of waste defined in this By-law and specifically referred to
in this By-law as permitted or prohibited for disposal at a municipal solid waste
management facility;
ZZ.
"source separated waste-resources" means waste resources which have been
separated "at source" i.e. at the point of generation into the four waste separation
streams to facilitate their reuse, recycling, composting or disposal:
I.
Recyclable paper materials
II.
Recyclable container materials
III.
Compostable materials
IV.
Residual
AAA.
"tires" means tires that are not designated under the Province of Nova Scotia's tire
recycling program.
BBB.
"waste" means any substance that would cause or tend to cause an adverse effect if
added to the environment, and includes garbage, recyclables, compostable material,
refuse, sludge, rubbish, tailings, debris, litter and other discarded materials resulting
from residential, commercial, institutional and industrial activities which are
commonly accepted at a municipal solid waste resource management facilities, but
excludes wastes from industrial activities which are regulated by an approval issued
by the Minister;
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CCC.
"waste diversion" means waste reduction, reuse, recycling or composting with the
intent of extending the useful life of materials and preventing their disposal in landfill;
DDD. "waste-resources" means all those materials managed by or on behalf of the
Municipality as recyclable, compostable, household hazardous waste, or residual
waste.
EEE.
"Western Region" or Region means the Western Region Solid Waste Resource
Management Region as defined in the Nova Scotia Solid Waste Resource
Management Regulations.
FFF.
"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs that come from residential, commercial/retail, institutional, or
industrial sources as part of maintaining yards or other private or public lands. Yard
waste does not include:
I.
construction, renovation, and demolition wastes or
II.
clean wood.
2. Administration and Enforcement
I.
The Chief Administrative Officer shall appoint an Administrator to administer this bylaw.
II.
The By-law Enforcement Officer(s) appointed by the Municipality shall enforce this bylaw.
III.
For the purpose of the administration of this bylaw the Administrator, Bylaw Enforcement
Officer(s), or an agent or employee of the Municipality may at any reasonable time enter and
inspect any land or premises, other than a dwelling or a room being used as a dwelling to
determine compliance with this bylaw and policies made under this bylaw, including the right
to inspect waste, residual waste and any storage facility.
IV.
The Administrator or the Bylaw Enforcement Officer(s) may, by a directive in writing direct
any person to do any act or thing in order to comply with the provisions of this bylaw or any
policy made pursuant to this bylaw in the manner and within the time specified in the written
directive.
V.
Any written directive signed by the Administrator or Bylaw Enforcement Officer(s), is effective
if delivered personally to the person named in such directive or if sent by prepaid post or
facsimile or e-mail transmission to the most recent known address of the person named and
shall be deemed to have been received by such person, in the case of facsimile or e-mail
transmission on the day after it was sent and in the case of prepaid post, on the third day
after it was sent unless receipt of same is acknowledged.
VI.
It shall be an offence for any person to fail or refuse to comply with a written directive signed
by either the Administrator or Bylaw Enforcement Officer pursuant to this bylaw.
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3. Disposal of Solid Waste
I.
Every person shall dispose of solid waste in accordance with this By-law.
A. Material Banned From Disposal by Provincial Legislation
1.
No person shall dispose of or cause the disposal of the following materials at
any approved 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 any landfill or incinerator:
a. Redeemable beverage containers
b.Newsprint
c. Used tires (except as excluded from the Provincial tire program)
d.Corrugated cardboard
e. Waste paint
f. Steel/tin food containers
g. High Density Polyethylene (HDPE #2) -plastic beverage containers,
food containers, detergent containers, shampoo containers, crates,
boxes, pails and lids, windshield washer containers, non-hazardous
household cleaners containers (not including pesticide and petroleum
containers)
h.Low-Density-Polyethylene
(LDPE#4)
industrial,
commercial,
institutional stretch wrap (pallet wrap)
i. Compostable organics
j. any other materials which may be added to this list from time to time
by the Province of Nova Scotia
B. Material Banned From Disposal by the Authority
I.
No person shall dispose of any material (whether similar or dissimilar to
any of the foregoing) that has been banned from disposal in a landfill or
incinerator by order of the Authority. Posting of a list of such banned
material shall constitute due and sufficient notice of the Authority's order
for all purposes.
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C. Flow Control
I.
No person shall export or remove residual waste, construction and
demolition waste, or unsorted solid waste generated within the
Municipality outside the boundaries of the Western Region.
II.
Notwithstanding subsection (I) the Municipality may export residual
waste, construction and demolition or unsorted solid waste to approved
facilities outside the boundaries of the Western Region.
D. No Illegal Dumping
I.
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 an
approved solid waste management facility designated for the applicable
type of solid waste, or at any other site authorized by the Municipality or
approved for the purpose by the Minister.
II.
No person shall place solid waste for collection on a property other than
a property owned or occupied by that person or in respect of which the
person has obtained the consent of the owner or occupier for that
purpose.
III.
Notwithstanding subsection (I) 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 is 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
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clean fill, provided this activity is carried out in compliance with all
applicable laws of the Province of Nova Scotia.
E. No Salvaging
I.
No person shall 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.
F. Ownership of Solid Waste
I.
Solid waste placed at the curb for municipal collections, is the property of
the property owner until the collector places the solid waste in the
collection vehicle.
G. No Solid Waste Burning
No person shall burn solid waste in a barrel, stove or other device or in the open as a
method of waste disposal.
H. Litter Abatement
I.
No person shall release or cause litter to be released into the
environment, except in accordance with this By-law.
I. Disposal at Municipal Solid Waste Management Facilities
I.
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 or Authority
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.
II.
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
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municipal solid waste management facility refuses to accept any loads or
items of solid waste.
III.
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;
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.
IV.
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.
4.
For greater certainty, solid waste that is
a.
not permitted to be placed for collection or to be delivered to
a municipal solid waste management facility pursuant to this
By-law, or
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b.
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.
J. No accumulation of Solid Waste
I.
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.
II.
Where an owner or occupant permits the accumulation of solid waste
contrary to subsection (I), 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
(I.).
III.
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
3(N),(I),(5) of this By-law, the expense of which will be charged to the
owner or occupant.
K. Municipal Collection
I.
Owners and occupants of residential property in the Municipality are
subject to municipal collection and shall ensure that all solid waste is
properly stored and placed for collection and disposal.
II.
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.
III.
Without limiting the generality of subsection (I), 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.
IV.
Without limiting the generality of subsections (I) & (II), Council may, at its
discretion, limit collection to:
1.
particular types of solid waste;
2.
properties containing not more than a specified number of
residential households;
3.
properties which are seasonal; and
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4.
properties generating industrial waste of a particular type or size
or generating not more than a specified volume of solid waste.
V.
Owners and occupants of every property in the IC&I Sector in the
Municipality is not subject to municipal collection is 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.
VI.
For greater certainty, owners and occupiers of every property in the
Municipality that is not subject to municipal collection are responsible
for separating solid waste in accordance with this By-law.
VII.
The Municipality may contract with owners and occupiers whose
properties are ineligible for municipal collection pursuant to this By-Law,
to provide collection of their solid waste.
VIII.
The limitations and restrictions in this By-law applicable to general
municipal collection shall apply to the owners and occupiers in subsection
(I), 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 (I).
IX.
The Municipality shall offer curbside collection of certain solid waste, as
follows:
1.
Municipal collection for residential residual garbage and blue bag
recyclables shall be at least once in every fourteen (14) days
between the hours of 7:00 a.m. and 4:00 p.m.;
2.
Municipal collection of compostable materials (organics) shall be
at least once in every fourteen (14) days except during the period
of June 1st - September 30th where Municipal collection of
compostable materials (organics) shall be weekly between the
hours of 7:00 a.m. and 4:00 p.m.;
3.
When a public or statutory holiday occurs on a municipal
collection day, such municipal collections shall be made on the
following working day, unless otherwise specified by the
administrator.
4.
Municipal collection of bulky items and appliances shall be on the
residential residual garbage and bluebag recyclables collection
day but shall be limited to one (1) bulky item per collection day.
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5.
Municipal collection of brush and branches such as tree branches,
brush, or excess leaves and yard waste can be placed alongside of
your green cart. All accumulated leaf waste, not placed directly in
green-carts, shall be placed in paper leaf & yard waste collection
bags. The use of plastic leaf and yard bags or biodegradable
(compostable) plastic bags is prohibited. Brush and small limbs to
be bundled and tied as follows:
i. Large limbs / trunks not to exceed 3" [8cm] in diameter
and 10 feet [3 meters] in length, with no individual piece
to exceed 50 lbs. [22 kgs.],
ii. Christmas trees which may also be placed at curbside
during normal organics collection days and must be
cleared of all decorations including tinsel.
iii. Piles of Brush and Small Limbs placed for collection shall
not exceed 4' [1.22 meters] wide 2' feet [.61 meters] high
and 10 feet [3 meters] in length.
6.
Yard waste generated by contracted third parties or commercial
tree removal services will not be collected by the town. It is the
property owner's responsibility to see that leaf and yard waste
generated in this manner is disposed of in the appropriate
manner.
7.
All solid waste and yard waste generated from a residential
property shall be collected at that property. Solid waste and
yard waste originating at one property shall not be placed at
another property in the Municipality for collection.
8.
9.
For the purposes of this section, a schedule of dates for municipal
collection shall be distributed to residents annually prior to the
end of December for the coming year. Any changes to the
schedule shall be advertised in the local paper or on the local radio
station.
L. Special Collections
I.
Council may, at its discretion,
1.
provide for special municipal solid waste collections on an
occasional basis, or
2.
provide for municipal collection from a drop-off site of particular
types of solid waste, such as discarded Christmas trees, bulky
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items not eligible for regular municipal collection, leaf and yard
waste, household hazardous waste or other specified solid waste.
II.
When providing for special collections pursuant to subsection (I), Council
may limit such special collection to:
1.
particular areas of the Municipality,
2.
properties containing not more than a specified number of
residential households, or
3.
properties generating industrial waste of a particular type or size
or generating not more than a specified volume of solid waste.
M. Separation and Storage
I.
Owners and occupants of every property in the Municipality shall separate
solid waste at the time and place of generation into the following streams:
1.
compostable material;
2.
recyclable container materials;
3.
recyclable paper materials;
4.
residual garbage;
5.
construction and demolition debris;
6.
contaminated soil;
7.
asbestos;
8.
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
9.
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;
II.
Owners and occupants of every property in the Municipality shall take
positive steps to ensure that all solid waste separated in accordance with
subsection (I) remains separated and uncontaminated by any other type of
solid waste.
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III.
For greater certainty, the obligations to separate and maintain separation
of solid waste in subsections (I) & (II) extend to owners, management and
staff of restaurants, stores, parks, campgrounds, on public streets 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.
IV.
Subject to subsection (i), residual garbage may include compostable or
recyclable materials to the extent that separation of compostable and
recyclable material was not reasonably possible because of:
1.
the fusing or bonding together of materials in the state in which the
waste was received, or
2.
the reasonable cross-contamination of materials in the ordinary
course of use, if such contamination is unavoidable even by the
exercise of due diligence.
V.
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.
VI.
Without limiting the generality of subsection (v), owners and occupants of
every property in the Municipality shall provide space and containers in
accordance with the following provisions:
1.
compostable material shall be stored in organics carts or in other
containers that are water-proof, 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 [10]
metres; and
2.
recyclable materials 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.
VII.
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.
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VIII.
Commercial containers used by the IC&I sector and multi-unit residential
units 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 accessible to the occupants and safe for its intended users
4. 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;
5. shall be kept clean and in a good state of repair;
6. shall not be loaded in a manner which permits waste to extend
beyond the internal volume of the container when the lid is
closed;
7. shall be labeled for the purpose of identifying what materials the
container contains;
8. 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 ensure that separated solid waste remains
separated and uncontaminated by other types of solid waste.
9. Shall be assessable within five (5) meters of the collection vehicle
loading hopper
ix.
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.
10. 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
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or child-proof building or shall have their door, lid or other closing
apparatus removed from the bulky item.
11. Where a person wishes to dispose of solid waste containing
chlorofluorocarbons, that person must:
1.
safely deliver the solid waste to the Municipality's facility
designated to deal with chlorofluorocarbons to have the
chlorofluorocarbons removed by a certified technician, or
2.
arrange to have the chlorofluorocarbons 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 Municipality's facility designated to deal with
chlorofluorocarbons.
N. Rules for Municipal Collection
I.
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 on 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, the distance
shall not exceed 3 meters from the edge of the travelled portion
of the roadway;
2. solid waste shall be placed for collection by [7:00 a.m.] on the
day of collection; but will restricted to any combination of bags
not to exceed ten (10) in numbers, per dwelling unit.
3. solid waste shall not be placed for collection more than 1 day
before the collection date for that property and for the
appropriate type or stream of solid waste;
4. Notwithstanding subsection (I), (2), and (3) during special
collections, materials for roadside collection shall be set out no
earlier than seven (7) days prior to a special collection
5. uncollected solid waste and any solid waste scattered by animals,
pests or weather shall be removed by the owner or occupant of
the property from which that solid waste was placed for
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collection not later than [9:00 p.m.] on the collection date for
that property;
6. Residual waste collection containers and organic collection carts
shall be removed from the roadside by the end of collection day,
except in the case of permanent waste-resource storage
containers. Permanent waste-resource storage containers shall
comply with this bylaw. Organics collection carts shall be
removed from roadside and stored on premises. The cart shall be
secured to prevent it from being blown into the roadway.
7. residual garbage shall be placed for collection in securely tied,
clear, transparent, plastic, water-proof bags and shall not exceed
a weight of [25 kilograms] per bag
8. residual garbage must be placed in transparent bags as required
by subsection (i)(7), except that [1] 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. The Municipality reserves the right to grant written
variances to this limit in accordance to the Variance Policy
approved by the Board of Waste Check;
9. recyclable materials shall be placed for collection in securely tied,
blue-tinted, plastic, water-proof bags with separate blue bags for
recyclable paper materials and recyclable container materials
and shall not exceed a weight of [15] kilograms per bag. In the
case of corrugated cardboard, bundles or packages, flattened and
securely tied weighing no more than 20kg and measuring no
more than 60 cm by 60 cm;
10. residual garbage and recyclable material may be placed for
collection in waste collection boxes located on the curb, provided
that:
a.
all residual garbage and recyclable material are
properly bagged as required by this By-law;
b.
the box is impervious to domestic and wild animals,
rodents, Insects, and is designed to avoid the
entrapment of children; and
c.
the box has a securely hinged lid or lids;
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d.
the box has a support to hold the lid open while the
contents are being emptied;
e.
the box is not 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;
g.
compostable material and organics shall be placed for
collection in organics carts containing a load weight
of no more than 100 kg.
h. Municipal collection of brush and branches such as tree
branches, brush, or excess leaves and yard waste can be
placed alongside of your green cart. All accumulated leaf
waste, not placed directly in green-carts, shall be placed
in paper leaf & yard waste collection bags. The use of
plastic leaf and yard bags or biodegradable
(compostable) plastic bags is prohibited.
i. Collection of brush, bushes, and small tree limbs will be
picked up in as per the Residential Leaf & Yard Waste
Collection Policy as may be amended by Council from
time to time. Brush and small limbs to be bundled and
tied as follows:
1. Large limbs / trunks not to exceed 3" [8cm] in
diameter and 10 feet [3 meters] in length, with
no individual piece to exceed 50 lbs. [22 kgs.],
2. Christmas trees which may also be placed at
curbside during normal organics collection days
and must be cleared of all decorations including
tinsel.
3. Piles of Brush and Small Limbs placed for
collection shall not exceed 4' [1.22 meters] wide
2' feet [.61 meters] high and 10 feet [3 meters]
in length.
4. All accumulated leaf waste, not placed directly in
green-carts, shall be placed in paper leaf & yard
waste collection bags.up to a limit of twenty (20)
Bags The use of plastic leaf and yard bags or
biodegradable (compostable) plastic bags is
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prohibited.
j.
k.
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 [1] 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;
l.
when bulky items are authorized for municipal
collection by the Municipality, no more than one bulky
item is permitted per collection;
and
m.
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 [3]
metres in length.
11. Persons may only place solid waste for collection on the curb
directly in front of the property that generated the solid waste.
Where possible and unless otherwise directed by the Municipal
Unit.
12. In the case of multi-unit apartment buildings, the owner shall
provide a storage enclosure for source separated waste
resources in an easily accessible location on the building's
property meeting applicable municipal requirements. The
Municipality's collector will collect waste resources providing it is
accessible when the truck arrives. If the storage enclosure is not
accessible to the collection truck, all materials shall be placed at
road side for collection.
13. Collection will only take place on public streets and roads or
private roads that are maintained by Nova Scotia Transportation
and Infrastructure Renewal (NSTIR), or the Municipality. For all
other roads the source separated waste resources must be
brought to the nearest intersection with a public street or road
and placed in accordance to this bylaw for collection, or to a drop
off depot provided by the Municipality.
O. Solid Waste Not Permitted for Municipal Collection
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I.
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 Town of Digby;
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 Town of Digby,
including but not restricted to identification in public
education documents distributed by the Town of Digby from
time to time.
P. Inspection and Rejection Guidelines
I.
Waste-resources set out for collection shall be subject to inspection by the
collection contractor or by the Administrator, By-law Enforcement
Officer(s) or an agent, or employee of the Municipality. Waste-resources
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found not to be source-separated according to this By-law may be rejected
and not collected.
II.
All loads of Waste-resources entering a Municipal Solid Waste
Management Facility are subject to inspection and enforcement action by
the facility operator/staff, the
Administrator,
and
/or
By-law
Enforcement Officer(s) to ensure compliance with this By-law.
Q. Prohibition on Sale of Plastic compostable Products
I.
No business shall offer for sale or otherwise provide to any customer of the
business a plastic compostable product without first obtaining a permit from
the Municipality to do so.
II.
The Municipality shall issue a permit for the sale of a compostable product
only if the Municipality is satisfied that the compostable product is an organic
and acceptable to the Municipality in a green cart.
III.
Any business that contravenes this bylaw is guilty of an offence.
4. Owner and Occupant Responsibilities for Waste Resource Management
I.
The responsibility for the management of Waste-resources in Industrial, Commercial &
Institutional (IC&I) premises and Multi Unit Dwellings is shared by the property owner
and the occupant as follows:
A. Property Owner's Responsibilities
The property owner shall:
1.
Provide waste-resource storage as set out in Section 3 (M);
2.
in cases where storage is inaccessible to the collection truck as
prescribed in Section 3 (M), ensure that waste-resources are set at
roadside by [7:00 a.m.] for collection on collection day;
3.
maintain waste-resource storage in a clean and tidy condition at all
times, both inside and outside, including the immediate
surroundings;
4.
ensure that collection containers and uncollected waste-resources,
including litter produced from set-out waste-resources by pests,
weather conditions, or otherwise, are removed from roadside by the
end of collection day; and
5.
abide by all directives of the By-law Enforcement Officer with
regards to the handling of waste-resources
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B. Occupant's Responsibilities
The occupant shall:
1.
sort all waste-resources generated in the occupant's unit as provided
in Section 3 of this by-law; and
2.
between collections, place sorted materials in the storage provided
by the property owner.
3.
abide by all directives of the By-law Enforcement Officer with
regards to the handling and sorting of waste-resources.
5. Industrial, Commercial & Institutional (IC&I) or Construction and Demolition
(C&D) Waste-Resources
A. Industrial, Commercial & Institutional (IC&I) Waste-Resource Removal
I.
The property owner or occupant of premises which generate the following
waste-resources shall either personally or by employees, contractors or
agents, and in compliance with all applicable Federal, Provincial, and
Municipal laws, promptly remove and dispose of such waste:
1.
All waste generated by any industrial, commercial or institutional
(IC&I) premises, facility or operation, not eligible for Municipal
collection pursuant to this bylaw;
B. Commercial Containers
I.
Any person who supplies and/or uses a commercial container for 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. Is equipped with a tight-fitting lid with a positive closing device which
shall be kept closed except when container is being loaded or unloaded;
and
3. Is cleaned out regularly, as necessary, to avoid the build-up of odours.
II.
The owner of any premises on which a commercial container is placed shall
ensure that:
1. Any such container is kept in a manner that is not unsightly and does
not cause a nuisance or health related problem; and
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2. That the area around the container is maintained free from litter and
waste.
III.
No person shall place waste in any commercial container without permission
of the owner of the container.
IV.
Commercial organic containers or carts must be emptied on a weekly basis.
Organics may not be collected in plastic bags.
V.
IC&I waste-resources are subject to inspection by the Administrator or
delegate or By-law Enforcement Officer for compliance with this bylaw.
VI. The property owner or the renter of a commercial storage container or
structure shall ensure that materials are placed in the storage container in a
source-separated condition.
VII.
The hauler collecting a commercial storage container shall ensure that source
separated waste resources are maintained in a source-separated condition
and deposited separately at the appropriate facility.
VIII.
Containers for IC&I Recyclables shall be blue transparent plastic bags, with
separate blue bags for recyclable paper materials and recyclable container
materials. Corrugated Cardboard shall be bundled separately from the other
recyclable paper materials.
IX.
Containers for IC&I residual waste shall be clear plastic bags.
C. Construction and Demolition Waste
I.
All waste resulting from construction or demolition of any kind, including
renovation or repair except that waste which may be eligible for municipal
collection pursuant to this bylaw, shall be promptly removed and disposed of
in a waste management facility licensed for the disposal of Construction and
Demolition waste
II.
The property owner or occupant of the premises shall both personally or by
employees, contractors or agents promptly remove and dispose of any
Construction and Demolition material generated on the premises in
compliance with all applicable Federal, Provincial, Municipal Laws and
Regulations.
6. Offense and Penalty
A. Violation of By-Law
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I.
Any person who contravenes Section 2, or Section 3 of this By-Law is guilty of
an offence punishable on summary conviction by a fine of not less than [$500]
and not more than [$5,000] and to imprisonment of not more than [6 months]
in default of payment thereof.
II.
Any person who contravenes any other section of this By-Law is guilty of an
offence punishable on summary conviction by a fine of not less than [$150]
and not more than [$1,000] and to imprisonment of not more than [3 months]
in default of payment thereof.
III.
Each day that a person commits an offence under this By-law constitutes a
separate offence.
IV.
Any person who contravenes sections 2, or 3 of this By-Law and who is given
notice of the contravention may pay to the Municipality, at the place specified
in the notice, the sum of [$250.00] pursuant to Payment In lieu of Prosecution
within 14 days of the date of the notice and shall there-by avoid prosecution
for that contravention.
7. Repeal
This by-law repeals and replaces Solid Waste-Resource Management By-law #2018-01.
Clerk's Annotation for Official By-Law Book
Date of first reading:
July 6, 2020
Date of advertisement of Notice of Intent to Consider:
July 17, 2020
Date of second reading:
August 4, 2020
*Date of advertisement of Passage of By-Law:
August 7, 2020
Date of mailing to Minister a certified copy of By-Law: August 17, 2020
I certify that this TOWN OF DIGBY Solid Waste-Resource Management By-law was
adopted by Council and published as indicated above.
CAO _________________
Date: August 7, 2020
E. Thomas Ossinger
SOLID WASTE-RESOURCE MANAGEMENT BY-LAW # 2020-01
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* Effective Date of the By-Law unless otherwise specified in the text of the By-Law