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MUNICIPALITY OF THE COUNTY OF KINGS
For By-Law information contact the Municipal Clerk
Tel: (902) 678-6141 Fax: (902) 678-9279 E-mail: [email protected]
1
BY-LAW #109
SOLID WASTE-RESOURCE BY-LAW
Table of Contents
1
Repeal .................................................................................................. 2
2
Definitions............................................................................................ 2
3
Valley Region Solid Waste-Resource Management Authority ......... 5
4
Prohibitions ......................................................................................... 7
5
Source Separation Requirements ...................................................... 8
6
Authority Collection ............................................................................ 8
7
Non-Authority Collection and Disposal of Solid Waste .................. 12
8
Waste-Resource Management Centres ........................................... 13
9
Offence Enforcement and Penalties ................................................ 14
Schedule "A" DIRECTIVES .................................................................... 17
MUNICIPALITY OF THE COUNTY OF KINGS
For By-Law information contact the Municipal Clerk
Tel: (902) 678-6141 Fax: (902) 678-9279 E-mail: [email protected]
2
WHEREAS section 325 Municipal Government Act, 1995 R.S.N.S. c. 18, as amended (MGA),
enables Council to make by-laws pertaining to solid waste; and
WHEREAS the Municipality of the County of Kings is party to an Ageement under section 60
MGA, that created the Valley Region Solid Waste-Resource Management Authority as a
municipally owned body corporate;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of the County of Kings hereby
enacts as follows:
1 Repeal
Municipal By-Law # 83 Valley Region Solid Waste-Resource Management By-Law is hereby
repealed.
2 Definitions
In this By-law:
2.1
"Authority" means the Solid Waste-Resource Management Authority as defined in
provision 2.1 herein;
2.2
"Authority Collection" means collection of Solid Waste by or on behalf of the Authority
from waste generators pursuant to this By-law and any issued Directives;
2.3
"Boxboard" means cereal, shoe, tissue, detergent, cracker, cookie, baking product and
frozen food boxes, toilet paper rolls and paper towel rolls or like items, with plastics
removed;
2.4
"Bulky Items" means large items of a household nature including, without limitation,
furniture, stoves, fridges with "CFC-free" sticker on, mattresses, bed springs, barrels,
water tanks, dishwashers, Oil Tanks, and pieces of fencing;
2.5
"By-law Enforcement Officer" means a person with Special Constable Designation per
ss 89 and 90 Police Act, employed by the Authority to administer and enforce this By-
law;
2.6
"Collection Cart" or "Cart" means a cart supplied by the Authority for the Storage of
Source-Separated Solid Waste such as an aerated cart for the collection of organic
materials;
2.7
"Collection Containers" means bags, garbage cans or other containers approved in any
Directive;
2.8
"Compostable Organics" or "Organics" or Compostables means Food Waste, Leaf and
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
3
Yard Waste, Soiled and Non-Recyclable Paper, branches and bushes, natural
Christmas trees without decorations and stands and other material of plant or animal
origin as set out in any Directive, but does not include whole companion animal or
livestock carcasses or parts thereof that may create hazards or nuisance except as
approved by the General Manager or designate;
2.9
"Construction and Demolition Waste" or "C&D" means materials normally used in the
construction of buildings, structures, roadways, walls and other landscaping material,
and includes, without limitation, soil, asphalt, brick, mortar, concrete, drywall, plaster,
cellulose, fibreglass fibres, lumber, wood, asphalt shingles, and metals;
2.10 "Directive" means a provision recommended by the Authority and adopted by the
Municipality and as set out in a Schedule to this By-law;
2.11 "Dispose" means the actions of dumping, abandoning, placing or leaving or the causing
or permitting of any of these actions with respect to any Solid Waste on any property
within the jurisdiction of this By-law;
2.12 "Eligible Premises" means those properties within the jurisdiction of the Authority, which
are eligible for Authority Collection as set out in any Directive;
2.13 "Dwelling Unit" means a building or a unit with a separate entrance, kitchen, and sanitary
facilities in a building, occupied or intended to be occupied as a home or residence by
one or more persons but does not include a hotel, motel, guesthouse, inn, or travel
trailer;
2.14 "Food Waste" means, without limitation, fruit and vegetable peelings, table scraps,
meat, poultry and fish, shellfish, dairy products, cooking oil, grease and fat, bread, grain,
rice and pasta, bones, egg shells, coffee grounds and filters, tea leaves and bags or
other like items;
2.15 "General Manager" means the General Manager of the Authority, the successor to such
position, or a designate;
2.16 "Hazardous Waste" means solid or liquid waste that may be harmful to humans,
animals, plant life or natural resources including, without limitation, industrial chemicals,
toxic, flammable, corrosive, radioactive, reactive, pathological and PCB waste, oil,
gasoline, paint solvent, wood preservatives, ink, battery acid and pesticides;
2.17 "Household Hazardous Waste" or "HHW" means Hazardous Waste generated in
households including, without limitation, 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. For the purposes of this By-law, Household Hazardous Waste does
not include PCBs, radioactive materials, explosives, fireworks, pathological wastes, and
ammunition;
2.18 "IC&I
Waste"
means
Solid
Waste
generated
by,
from
or
within
any
Industrial/Commercial/Institutional Premises.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
4
2.19 "IC&I Premises" means a lot of land occupied by one or more industrial, commercial or
institutional establishments;
2.20 "Litter" means loose Solid Waste items, usually smaller in size, that are distributed over
a distance or area, including, without limitation, disposable drink cups, beverage bottles
and containers, cigarette boxes, cigarette butts, potato chip bags, and food and candy
wrappers;
2.21 "Leaf and Yard Waste" means grass clippings, leaves, brush, twigs, house and garden
plants, sawdust and wood shavings and other like items;
2.22 "Multi-Unit Residential Building" means a dwelling containing three or more residential
Dwelling Units and may include condominiums;
2.23 "Mini-bin" means a small container supplied to Eligible Premises by the Authority for the
collection of organic materials prior to deposit in an Organics Collection Cart;
2.24 "Notice of Violation or Summary Offence Ticket" means an administrative monetary
penalty issued by the Municipality for violating the By-law which, if paid as required, will
result in no prosecution for the offence being commenced by the Municipality;
2.25 "Occupant" means any person who occupies property, including lands or buildings, and
includes a tenant, lessee, roomer, subtenant, under-tenant or co-tenant, or who
otherwise occupies or has occupied land or buildings and heirs, assigns and legal
representatives;
2.26 "Oil Tanks" means residential oil tanks, cleaned and emptied of all liquids that hold a
maximum volume of 900 litres;
2.27 "Order" means a written direction requiring any person to comply with a provision of this
By-law;
2.28 "Property Owner" or "Owner" has the same meaning as "Owner" in the Municipal
Government Act and, for greater clarity, includes a landlord, a lessor, an Owner, the
person giving or permitting the occupation of premises, heirs and assigns and legal
representatives and, in the case of a corporation, the officers and directors;
2.29 "Public Waste" means Solid Waste generated in or on premises where the public is or
would normally be responsible for disposing of waste including, without limitation,
enclosed or exterior shopping centres, malls, food courts, quick-service or counter-
service restaurants, sports arenas, office or other commercial premises, retail premises,
private or public parks or campgrounds, and inside or outside public event venues;
2.30 "Recyclable Materials" or "Recyclables" means newsprint, corrugated cardboard,
Boxboard and other paper products, redeemable beverage containers, milk cartons,
glass bottles and jars, steel/tin food cans, aluminum cans, aluminum foil plates, trays
and wrap, high-density polyethylene plastic containers (HDPE #2), low-density
polyethylene plastic containers (LDPE #4), and polyethylene terephthalate plastic
bottles (PET #1), plastic bags (#2 and #4), stretch wrap (pallet wrap) or other items set
out in any Directive;
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
5
2.31 "Residential Premises" means any house, dwelling, apartment, condominium, flat,
tenement, mini-home, mobile home, mobile home park, mobile home space or any
property that is occupied or may be occupied by an individual as a residence or that part
of any such place, and includes any such property or premises occupied by an Owner
and family;
2.32 "Residual Waste" means any Solid Waste remaining after diversion of Recyclables,
Organics and Hazardous Waste or Household Hazardous Waste, tires, and electronics;
2.33 "Soiled and Non-Recyclable Paper" means dinner napkins, paper towels and fast food
wrappers, wax paper, wrapping paper, soiled pizza boxes, paper plates and cups, damp
and soiled newspaper and flyers, sugar, flour and potato paper bags or other like items
or such other items that may be set out in any Directive;
2.34 "Solid Waste" means Residual Waste, Recyclables, Organics, Compostable Organics,
construction and demolition debris, and other discarded materials resulting from
residential, commercial, institutional and industrial activities that are commonly
accepted at a municipal Solid Waste management facility, but excludes wastes from
industrial activities regulated by an approval issued pursuant to the Environment Act;
2.35 "Source-Separated Solid Waste" means Solid Waste that has been sorted and
separated at the point of origin, to facilitate its reuse, recycling, composting or disposal;
for greater clarity, references to 'source separation' and 'source separation of Solid
Waste' have the same meaning;
2.36 "Special Collection" means an Authority Collection for Bulky Items and such other
materials as may be set out in any Directive;
2.37 "Storage Facility" or "Storage" means any container, Collection Cart, receptacle,
building, structure, enclosure or other facility capable of, or intended to be used for, the
temporary holding or storage of Solid Waste;
2.38 "Unsorted Solid Waste" means any Solid Waste that is not sorted and separated and
contains materials banned from landfill as Directives;
2.39 "Valley Region" or "Region" means the Valley Region as defined in the Nova Scotia
Solid Waste-Resource Management Regulations and any amendments thereto;
2.40 "Warning" means written notice by a By-law Enforcement Officer of contravention or
failure to comply with any provision of this By-law, but which is not subject to section 8.0
-Offence Enforcement and Penalties whereby proceedings are instituted; and
2.41 "Waste-Resource Management Centre" means a facility operated by the Authority for
receiving, storing, sorting and shipping Solid Waste.
3 Valley Region Solid Waste-Resource Management Authority
3.1
The Valley Region Solid Waste-Resource Management Authority, referenced herein as
the Authority, is a body corporate established pursuant to an Intermunicipal Services
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
6
Agreement (IMSA) to which this Municipality is party. The municipal parties thereto have
delegated responsibility for the management of Solid Waste within their respective
jurisdictions, pursuant to section 60 Municipal Government Act and the Solid Waste-
Resource Management Regulations enabled by the Environment Act to the Authority.
3.2
Pursuant to the IMSA, it is agreed that each party shall establish and maintain a
complementary Solid Waste-Resource By-law for the efficient and consistent execution
of the Authority mandate throughout the jurisdiction of the municipal parties.
Accordingly, this By-law may reference places or facilities within the Region that are
beyond the geographical boundaries of this Municipality and it is intended that any such
references in this By-law be construed and applied in a manner consistent with the
provincially-mandated regional approach to Solid Waste-Resource management.
3.3
The General Manager is the chief administrator of and is responsible to the Authority
for its proper administration in accordance with provincial legislation and regulations,
any Directive, and plans approved and established by the Authority. The General
Manager shall be responsible for the administration and enforcement of this By-law.
3.4
Directives to supplement and assist with the administration and enforcement of this By-
law may be adopted and included as a Schedule hereto, and shall form part of this By-
law and shall be subject to the penalty provisions herein.
3.5
The Authority shall recommend to the Municipality the appointment of a By-law
Enforcement Officer to assist with the administration and enforcement of this By-law.
Municipal Council shall consider the recommendation and may approve the
appointment by resolution.
3.6
For the purpose of administration of this By-law, the General Manager or the By-law
Enforcement Officer, or an agent or employee of the Authority so designated by either,
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 verify compliance with this By-law and
Directives, and may inspect Solid Waste and any Storage Facility.
3.7
The General Manager or the By-law Enforcement Officer may issue an Order directing
any person to comply with the provisions of this By-law, including any Directive, in the
manner and within the time specified therein.
3.8
Any Order or other written direction pursuant to section 3.7 signed by the General
Manager or By-law Enforcement Officer, is effective if delivered personally to the person
named therein or posted on the premises or if sent by prepaid post or facsimile or email
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 where receipt is not acknowledged, in the case of posting on the
premises, on the day thereof.
3.9
It shall be an offence for any person to fail or refuse to comply with an Order signed by
either the General Manager or Bylaw Enforcement Officer pursuant to this By-law.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
7
4 Prohibitions
4.1 Illegal Dumping of Solid Waste
4.1.1 No person shall Dispose of or permit the Disposal of, dump, place, leave,
abandon, or deposit Solid Waste at any public or private place within the
Municipality unless that place is duly licensed to receive and Dispose of that
particular category or item of Solid Waste.
4.1.2 Litter is not illegal dumping, and therefore is not within the jurisdiction of this
By-law.
4.2 Illegal Dumping of Solid Waste at Authority Waste Facility
No person shall Dispose of Residual Waste or Solid Waste on the lands of a Waste-
Resource Management Centre or any other facility licensed to receive any category of
waste except during operational hours and only where directed by the Centre or
facility.
4.3 Illegal Burning of Solid Waste
No person shall burn Solid Waste in the Municipality in a barrel, stove or other device
or in the open as a method of Solid Waste disposal, excepting brush, tree limbs and
milled wood that is free from adhesives, coatings and preservatives and, with respect
to such products, only where such burning is permitted by law.
4.4 Disposal of Banned Materials
No person shall Dispose of the following materials at any licensed Solid Waste
management facility, or Dispose of any such materials in a Storage area, Storage
Facility, or collection container intended for Residual Waste disposal in an incinerator or
landfill, namely:
4.4.1 Banned by Provincial Regulation
Materials banned from Disposal by provincial regulation, including those
materials listed in Schedule B of the Nova Scotia Solid Waste-Resource
Management Regulations as amended from time to time;
4.4.2 Banned by the Authority
Materials banned from time to time by this By-law.
4.5 Flow Control
No person shall export or remove from the Municipality Residual Waste, Construction
and Demolition Waste, or Unsorted Solid Waste generated within the Municipality unless
permitted otherwise by the General Manager or designate, and without limiting the
foregoing, transport is permitted only to Waste-Resource Management Centres
authorized by the Authority.
4.6 Notwithstanding section 4.5, the Authority may export Residual Waste, Construction and
Demolition Waste or Unsorted Solid Waste to approved facilities beyond the jurisdiction
of the Municipality.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
8
4.7 Waste Accumulation
No Occupant or Owner of property in the Municipality shall allow, permit or authorize the
accumulation of Solid Waste on or around property owned or occupied by them or allow,
permit or authorize any uncollected Solid Waste to remain on or around property owned
or occupied by them other than in a Storage Facility as approved in this By-law or in any
Directive.
4.8 No person shall leave the lid or door of the Storage Facility open except during loading
or unloading.
4.9 No person shall place any Solid Waste for collection on a property other than a property
owned or occupied by that person, except as permitted by the General Manager or
designate.
5 Source Separation Requirements
5.1 It shall be an offence of this By-law to fail to comply with any Directive pertaining to
source separation of Solid Waste.
5.2 All Solid Waste being generated by or from any Residential Premises or any IC&I
Premises shall be source-separated and packaged in accordance with any issued
Directive and shall also comply with this By-law.
5.3 Public Waste
The Property Owner and the Occupant of any premises where Public Waste is
generated shall provide common area containers designed to receive and accommodate
the quantities of Source-Separated Solid Waste generated on that site, as required by
this By-law or any Directive, and shall ensure that such containers are clearly labeled
and are accessible to the public, tenants, employees, visitors and Occupants of such
premises.
6 Authority Collection
Solid Waste to be collected by or on behalf of the Authority must comply with the provisions
of this section.
6.1 Collection Container Placement
6.1.1 Except as otherwise permitted by this By-law, or by the General Manager,
Collection Containers shall be placed roadside for collection as close as
practicable to the edge of the street or roadway, and no further than five (5)
meters from the travelled portion of the street or roadway to facilitate efficient
unobstructed collection, accounting for factors such as urban versus rural
setting, winter snow clearing operations, ditches, brush, and the like.
6.1.2 All Solid Waste placed for collection shall be in front of and on the same side
of the street or roadway as the Eligible Premises from which it has been
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
9
generated.
6.1.3 Collection Carts shall be placed roadside in an upright position with the lid
closed.
6.1.4 In the case of Multi-Unit Residential Buildings, the Owner shall provide a
Storage Facility for Source-Separated Solid Waste in an easily accessible
location on the building property in accordance with this By-law, any issued
Directive and other applicable municipal requirements. Any collection
contractor engaged by the Authority will collect Solid Waste from this location
in accordance with source-separation and collection Directives provided it is
accessible when the collection truck arrives, and otherwise shall be placed
roadside for collection.
6.1.5 Collection will occur on public streets and roads only, except for: private roads
identified by the Authority; roads on federal lands in cases where the cost of
collection has been paid for by a grant in lieu of taxes or other means; or other
roads as designated from time to time by the Authority, provided that all such
roads must be in acceptable condition for the collection vehicles.
6.1.6 For all roads not otherwise addressed, collection will occur at the nearest
intersection with a public street or road. Source-Separated Solid Waste must
be brought to the intersection and placed in accordance with section 6.2 Set-
out Times of this By-law; otherwise placement must be in the Solid Waste
generator's own permanent Storage Facility or in the closest Storage Facility
provided by the Authority for that purpose.
Any such Storage Facility must be in compliance with Storage requirements
set out in clause 6.5 Solid Waste Storage.
6.2 Set-out Times
6.2.1 Solid Waste shall be set out for collection only between 7:00 pm the night
before and 7:00 am on collection day. In the event of conditions preventing
collection, the Property Owner shall remove prior to the end of collection day
all Solid Waste not collected and set it out again on the scheduled alternative
collection day or the next regularly scheduled collection day.
6.2.2 For Special Collections (Spring and Fall cleanups) Solid Waste for roadside
collection shall be set out no earlier than the weekend immediately before the
scheduled Special Collection week.
6.3 Removal of Collection Containers and Uncollected Material from Roadside
6.3.1 Removal of Collection Containers
Solid Waste Collection Containers shall be removed or caused to be removed
by the Property Owner from roadside by the end of collection day excepting
permanent Solid Waste Storage facilities. Permanent Storage facilities shall
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
10
comply with this By-law and any issued Directives. Collection Carts shall be
removed from roadside and stored on the premises.
6.3.2 Removal of Uncollected Solid Waste
Any Solid Waste not collected for any reason, including, without limitation,
Litter in or around any Storage Facility, shall be removed or caused to be
removed by the Property Owner by end of collection day and properly sorted,
contained, stored and Disposed of in accordance with this By-law.
Where uncollected Solid Waste has not been removed from roadside within 24
hours of collection day's end, and in cases where Solid Waste has been placed
roadside outside the permitted time, the General Manager may arrange for the
removal and Disposal of such waste and invoice the Property Owner for
associated costs. For the purposes of this section and section 507 Municipal
Government Act, the General Manager shall be deemed to be an employee of
the Municipality.
6.4 Directives
The Municipality may adopt as part of this By-law Directives recommended by the
Authority respecting the collection of Solid Waste, including, without limitation, the
contents, type, nature, location and weight of Collection Containers or Storage facilities.
The Directives, if adopted by the Municipality, shall form a part of this Bylaw and it shall
be an offence to fail to comply with any such Directive.
6.5 Solid Waste Storage
Solid Waste Storage facilities shall be:
6.5.1 Weather-tight and animal-proof with the lid or door maintained in a closed
position except during loading or unloading;
6.5.2 Capable of accommodating the quantities of Source-Separated Solid Waste
generated between collections at that location;
6.5.3 Designed and constructed such that Solid Waste remains in a source-
separated condition;
6.5.4 Easily accessible to all users and easily serviced by the collector;
6.5.5 Safe for their intended users; and
6.5.6 In cases where Authority Collection is provided at the Storage location, placed
to provide unobstructed access over clear ground free of snow, ditches, brush
or other obstacles to the Authority Collection truck within five (5) meters of the
loading hopper.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
11
6.6 Owner and Occupant Responsibilities for Solid Waste Management
The responsibility for management of Solid Waste in Residential Premises and IC&I
Premises is shared by each Property Owner, jointly and severally, and each Occupant,
jointly and severally, as follows:
6.6.1 Property Owner Responsibilities
The Property Owner shall:
6.6.1.1 Provide Solid Waste Storage facilities as set out in section 6.5;
6.6.1.2 Where any Storage Facility is inaccessible to the collection truck as
required in section 5.5.6 on regular or Special Collection days, ensure
that Solid Waste is set roadside in accordance with section 6.2;
6.6.1.3 Maintain any Solid Waste Storage facilities in good repair and in a clean,
tidy, and sanitary condition at all times, both inside and outside, including
the immediate surroundings; and
6.6.1.4 Ensure that Collection Containers, Storage facilities and uncollected
Solid Waste, including Litter produced or resulting from set-out Solid
Waste by pests, weather conditions or otherwise, are removed by the end
of collection day.
6.6.2 Occupant Responsibilities
The Occupant shall:
6.6.2.1 Source-separate and package all Solid Waste generated in the
Occupant's premises as per section 5 of this By-law and issued
Directives; and
6.6.2.2 Between collections, place sorted and packaged Solid Waste in the
Storage Facility provided by the Property Owner or in their own Storage
Facility, as the case may be.
6.7 Inspection and Rejection Guidelines
Solid Waste set out for Authority Collection shall be subject to inspection by the
collection contractor or by Authority staff. Solid Waste not in compliance with this By-law
or any Directive may be rejected.
6.8 Authority Collection Prohibitions
No person shall:
6.8.1 Pick over, remove, disturb or otherwise interfere with any Solid Waste that has
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
12
been set out for Authority Collection except that Solid Waste set out for Special
Collections may be removed for salvage or reuse providing that the set-out
location must be left in a clean and tidy condition;
6.8.2 Collect Solid Waste placed for collection by the Authority; or
6.8.3 Remove a collection container placed roadside.
These prohibitions do not apply to the person who placed the waste for collection, to the
Authority, or to its contractors.
6.9 Suspension of Collection
The General Manager may suspend Authority Collection, upon written notice, at any
Eligible Premises where one of the following deficiencies develops until corrected to the
General Manager's satisfaction, namely:
6.9.1 An unsafe or potentially unhealthy condition or a nuisance or a potential
nuisance related to Storage or collection of Solid Waste;
6.9.2 Persistent violation of any provision of this By-law or any Directives, Orders or
other written notice issued pursuant to this By-law; or
6.9.3 Road conditions are unsafe for collection.
7 Non-Authority Collection and Disposal of Solid Waste
The provisions of this section apply to all residential and IC&I Premises generating waste that
is unacceptable for Authority Collection or exceeds allowable limits of Authority Collection or
which for any other reason is not placed for Authority Collection by the Owner or Occupant,
and is managed either by the Owner or Occupant or by another person or corporation for or
on behalf of the Owner or the Occupant.
7.1 Solid Waste Removal
The Property Owner or Occupant of premises shall promptly remove and Dispose of all Solid
Waste not collected by Authority Collection.
7.2 Solid Waste Storage
7.2.1 The Owner of any premises housing a Storage Facility, or the Owner or user
thereof shall each ensure that such Storage Facility is:
7.2.1.1 weather-tight and animal-proof with the lid or door maintained in a closed
position except during loading and unloading;
7.2.1.2 capable of accommodating the quantities of Source-Separated Solid Waste
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
13
generated between collections at that location;
7.2.1.3 designed and constructed such that Solid Waste remains in a source-
separated condition;
7.2.1.4 emptied and cleaned regularly;
7.2.1.5 maintained in good repair and in a clean and tidy condition at all times, both
inside and outside, including the immediate surroundings; and
7.2.1.6 clearly labelled with signage for source-separated waste streams.
7.3 No person shall place Solid Waste in any Storage Facility without permission of the Owner
of the premises or the Owner or renter of the Storage Facility.
7.4 All Storage facilities are subject to inspection per this By-law.
7.5 The Owner of the premises or the Owner or renter or user of any Storage Facility shall
each ensure that all Solid Waste placed in such Storage Facility is source-separated and
packaged in accordance with this By-law and any issued Directive.
7.6 Any person collecting, transporting or hauling Solid Waste or any Storage Facility shall
ensure that all Solid Waste contained within such vehicle or Storage Facility is delivered
to the Waste-Resource Management Centre in a source-separated condition and
deposited at the Waste-Resource Management Centre in the designated locations for
each type of Source-Separated Solid Waste.
7.7 It is an offense to haul Unsorted Solid Waste to the Waste-Resource Management Centre
for Disposal or to fail to deposit each type of Source-Separated Solid Waste in designated
locations at the Waste-Resource Management Centre.
8 Waste-Resource Management Centres
8.1 The Municipality delegates its authority as enabled under section 60 MGA to the
Authority relative to the operation of Waste-Resource Management Centres and related
tip fees as depicted in Schedules 1(a) and 1(b) of this By-law, as may be amended from
time to time, by the Authority.
8.2 The Authority may recommend Directives to be adopted by the Municipality respecting
the efficient, safe and environmentally-sound operation of Waste-Resource
Management Centres in the Region and it shall be an offence to fail to comply with any
such Directive.
8.3 Inspection and Enforcement
All loads entering the Waste-Resource Management Centre are subject to inspection
and enforcement by the General Manager or designate. The General Manager or
designate may issue warnings, charge increased tipping fees, impose administrative
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
14
fees or revoke privileges of site users for non-compliance with this By-law or any issued
Directive.
8.4 No person shall remove Solid Waste from a Waste-Resource Management Centre
except as authorized by the General Manager or designate.
8.5 The operator of every commercial collection vehicle entering the Waste-Resource
Management Centre site shall produce, upon request of the General Manager or
designate, a manifest comprising a customer list whose Solid Waste is on board the
vehicle.
9 Offence Enforcement and Penalties
9.1 No person shall contravene or fail to comply with any provision of this By-law.
9.2 This By-law may be enforced, at the discretion of the Municipality, by any peace officer
or By-law Enforcement Officer, in accordance with the procedures set out in the Municipal
Government Act or by means of a Summary Offence Ticket per the Municipal
Government Act or Summary Proceedings Act.
9.3 The Summary Proceedings Act, where applicable, shall apply to proceedings under this
By-law.
9.4 Except as otherwise provided in this By-law, any person who violates the following
provisions of this By-law or who suffers or permits any act or thing to be done in
contravention thereof, or who makes any false or misleading statements in relation to any
duty, obligation or application pursuant to the following provisions of this By-law, or who
refuses, omits, fails to comply with or neglects to fulfill, observe, carry out or perform any
duty or obligation imposed by the following provisions of this By-law shall be liable upon
summary conviction:
9.4.1 Section 4.8 (failing to close the lid or door of Storage)
9.4.2 Section 4.9 (unauthorized placing of waste for curbside collection)
9.4.3 Section 6.1 (improper collection container placement)
9.4.4 Section 6.2 (improper set-out time)
9.4.5 Section 6.8.1 (interfering with Solid Waste set out for collection)
a. for the first offence to a penalty of not less than one hundred dollars
($100.00) and not more than five hundred dollars ($500.00) or imprisonment
for a period of not more than fourteen (14) days or both;
b. for the second offence to a penalty of not less than two hundred dollars
($200.00) and not more than seven hundred and fifty ($750.00) or
imprisonment for a period of not more than thirty (30) days or both;
c. for the third offence to a penalty of not less than four hundred dollars
($400.00) and not more than one thousand dollars ($1,000.00) or
imprisonment for a period of not more than sixty (60) days or both.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
15
9.5 Except as otherwise provided in this By-law, any person who violates the following
provisions of this By-law or who suffers or permits any act or thing to be done in
contravention thereof, or who makes any false or misleading statements in relation to any
duty, obligation or application pursuant to the following provisions of this By-law, or who
refuses, omits, fails to comply with or neglects to fulfill, observe, carry out or perform any
duty or obligation imposed by the following provisions of this By-law shall be liable upon
summary conviction:
9.5.1 Section 3.4 (failure to comply with a Directive)
9.5.2 Section 3.9 (failure to obey a Warning or other written notice)
9.5.3 Section 4.1 (illegal dumping)
9.5.4 Section 4.2 (illegal disposal at licensed facility)
9.5.5 Section 4.3 (illegal burning)
9.5.6 Section 4.4 (disposing of banned Solid Waste)
9.5.7 Section 4.5 (removing or exporting Residual Waste or Unsorted Solid Waste)
9.5.8 Section 4.7 (accumulating of Solid Waste)
9.5.9 Section 5.2 (failure to source-separate solid waste)
9.5.10 Section 5.3 (failure to provide for source-separation of Public Waste or label
containers)
9.5.11 Section 6.3 (failure to remove uncollected containers or waste from roadside)
9.5.12 Section 6.6.1 (failure to fulfill Owner Property Owner's responsibilities)
9.5.13 Section 6.6.2 (failure to fulfill Occupant's responsibilities)
9.5.14 Section 6.8.2 (illegally collecting Solid Waste set out for Authority Collection)
9.5.15 Section 6.8.3 (illegally removing Collection Containers)
9.5.16 Section 7.1 (failure to promptly remove Solid Waste from premises)
9.5.17 Section 7.2 (failure to provide proper waste Storage for non-Authority
Collection)
9.5.18 Section 7.3 (unauthorized use of Solid Waste Storage)
9.5.19 Section 7.5 (Owner's or renters of Storage Facility failure to ensure Solid
Waste in Storage Facility is source separated and packaged)
9.5.20 Section 7.6 (hauler's failure to keep hauled Solid Waste source separated and
packaged)
9.5.21 Section 7.7 (hauling Unsorted Solid Waste or failure to deposit Solid Waste in
designated locations at Management Centre)
9.5.22 Section 8.5 (hauler's failure to provide a manifest)
a. for the first offence to a penalty of not less than five hundred dollars
($500) and not more than five thousand dollars ($5,000) or
imprisonment for a period of not more than thirty (30) days or both;
b. for the second offence to a penalty of not less than one thousand
dollars ($1,000) and not more than seven thousand dollars ($7,000)
or imprisonment for a period of not more than forty-five (45) days or
both;
c. for the third offence to a penalty of not less than two thousand dollars
($2,000) and not more than ten thousand dollars ($10,000) or
imprisonment for a period of not more than sixty (60) days or both.
9.6 Any person who violates any other provision of this By-law is guilty of a summary offense
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW #109 cont'd
16
and liable to a fine of not less than two hundred and fifty dollars ($250) and not more than
five thousand dollars ($5,000) or to imprisonment for a period of not more than thirty (30)
days or both.
9.7 In any prosecution for an offence under this By-law, it is sufficient proof of the offence to
establish that it was committed by an employee or agent of the accused, whether or not
the employee or agent is identified or has been prosecuted for the offence, unless the
accused establishes that the offence was committed without the knowledge or consent
of the accused.
9.8 Where a corporation commits an offence under this By-law, any officer or director of the
corporation who directed, authorized, assented to, acquiesced in or participated in the
violation of this By-law is guilty of the offence and is liable to the punishment provided for
the offence, whether or not the corporation has been prosecuted.
9.9 In lieu of prosecution under this By-law, the General Manager or his delegate may, in his
sole and absolute discretion, issue to any person he believes upon reasonable grounds
has committed an offence under this By-law a Notice of Violation (By-law Ticket), which
Notice shall require the person to whom it is directed to pay to the Authority within fourteen
(14) days of the issuance of the Notice the sum of one hundred and twenty-five dollars
($125) for offences listed in section 9.4 and one hundred and seventy five dollars ($175)
for offences listed in section 9.5; and one hundred and twenty-five dollars ($125) for
offences covered by section 9.6. Where a Notice of Violation is issued and if that sum is
paid as required therein, no prosecution shall ensue in respect to the matter or matters
referred to in the Notice. For greater certainty, nothing in this By-law requires the General
Manager or designate to issue a Notice of Violation before initiating a prosecution.
9.10 Every day during which an offence pursuant to section 9.4, 9.5, or 9.6 continues is a
separate offence.
9.11 Proof that Solid Waste that is Disposed of anywhere in contravention of this By-law
originated from a particular person, from a residence of a particular person, from a
particular premises or from a particular vehicle shall be evidence that the person, the
Owner, or the current Occupant of said premises or the Owner of the vehicle so Disposed
of it in the absence of evidence to the contrary.
When a person is identified as owner of Solid Waste deposited or dumped on a premises
in violation of this By-law, the owner, on request of the By-law Enforcement Officer shall,
within 48 hours of the request, supply the name and address of the person(s) responsible
for the dumping. An owner of Solid Waste deposited or dumped on a premises in violation
of this By-law who fails, to supply the requested information shall be guilty of an offense
under this By-law.
MUNICIPALITY OF THE COUNTY OF KINGS
For By-Law information contact the Municipal Clerk
Tel: (902) 678-6141 Fax: (902) 678-9279 E-mail: [email protected]
17
Schedule "A" DIRECTIVES
SOLID WASTE-RESOURCE BY-LAW DIRECTIVES
Pursuant to the
Solid Waste-Resource By-law
Enabled by section 3.4 of the By-law
Approved by Council:
Solid Waste-Resource
By-law Directives
Enabled by
Solid Waste-Resource By-law
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
1
TABLE OF CONTENTS
1.0 Banned Materials .............................................................................. 2
2.0 Source-Separation ............................................................................ 4
3.0 Authority Collection .......................................................................... 6
4.0 Hazardous Waste .............................................................................. 12
5.0 Public Waste and Special Events ........................................................ 13
6.0 Management Centres ........................................................................ 13
7.0 By-law Enforcement .......................................................................... 16
Schedule 1(a) - Fee Schedule .................................................................... 17
Schedule 1(b) - Volume Based Tipping Fee Calculation ................................. 18
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
2
Introduction
The Solid Waste-Resource By-law (By-law) authorizes the Authority to apply and enforce Directives
for the effective and efficient management of Solid Waste within the jurisdictions of the municipal unit
parties to the Valley Region Solid Waste-Resource Management Intermunicipal Services Agreement
or IMSA (i.e. the Municipality of the County of Kings, and the Towns of Annapolis Royal, Berwick,
Kentville, Middleton, and Wolfville (collectively, the parties), or any other municipality who enters the
IMSA to contract or designate the Authority to enforce their Solid Waste By-law and Directives.
These Directives are a Schedule to the By-law, forming part of the By-law that is in force and effect.
Section 3.4 of the By-law reads as follows:
3.4
Directives to supplement and assist with the administration and enforcement of this By-law
may be adopted and included as a Schedule hereto, and shall form part of this By-law and
shall be subject to the penalty provisions herein.
The Directives in this Schedule have been recommended by the Authority pursuant to section 3.4 of
the By-law and adopted by the Municipality and may be amended from time to time.
1.0 Banned Materials
Materials Banned from Disposal
Section 4.4 Solid Waste Resource By-law names two classes of materials that are banned from
disposal in landfill: 1.1 materials banned by Provincial Regulation; and 1.2 materials banned by the
Authority. Banned items may be managed as Recyclables, Compostable Organics, Household
Hazardous Waste, Hazardous Waste, tires, electronics, or by other means appropriate to the material.
Disposal bans are in effect at Authority facilities for the materials listed below.
Materials on the list that are accepted at the Waste-Resource Management Centres must be
delivered separated from other garbage. Questions about how to handle specific items should
be directed to the Authority at 902-679-1325 or toll free at 1-877-927-8300.
1.1 Materials banned from landfill disposal by the provincial Solid Waste-Resource
Management Regulations and accepted at the Solid Waste-Resource Management
Centres:
-
Beverage containers
-
Corrugated cardboard
-
Newsprint
-
Steel/tin food containers
-
Glass food containers
-
Low Density Polyethylene (LDPE #4) bags and packaging including
industrial/commercial/institutional stretch wrap (pallet wrap)
-
High Density Polyethylene (HDPE #2) non-hazardous containers and packaging such
as food containers, detergent containers, shampoo containers, jugs, pails and lids,
windshield washer containers, non-hazardous cleaner containers, etc.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
3
-
Compostable organic material (food waste, yard waste, Soiled and Non-Recyclable
Paper)
-
Lead-acid automotive batteries
-
Waste paint & their containers
-
Ethylene glycol (automotive antifreeze)
-
Used glycol
-
Glycol containers
-
Used oil
-
Used oil filters
-
Oil containers
-
Electronic products specified by the Province
In the event of conflict with the above itemized list and the current policy of Nova Scotia
Environment [NSE], NSE governs. Refer to Schedule "B" -- Designated Materials Banned
from Destruction or Disposal in Landfills and Incinerators in the Nova Scotia Solid Waste-
Resource Management Regulations.
1.2 Materials banned from landfill disposal by the Authority and accepted
at the Waste-Resource Management Centres:
-
Polycoat or gable top cartons (milk, juice, soy, rice, etc.) and aseptic cartons (Tetra
Pak®)
-
All non-hazardous plastic bottles and containers Glossy paper, office paper, and other
recyclable and compostable paper products
-
Boxboard
-
Household Hazardous Waste (HHW)
-
Propane tanks
-
Expanded polystyrene foam (beaded Styrofoam®)
1.3 Materials banned federally, provincially, or by the Authority and not accepted at the Waste-
Resource Management Centres:
-
Industrial, Commercial, Institutional Hazardous Waste
-
Liquid Waste, or Solid Waste saturated to a fluid consistency, which is not part of the
HHW program
-
Highly combustible or explosive materials, such as celluloid cuttings, motion picture
film, gasoline or solvent soaked rags or other combustible residues, ammunition,
dynamite, or other similar material
-
Medical material that is considered pathogenic or biomedical including anatomical
waste, saturated blood-soaked dressings, infected material, and hypodermic needles
from physicians, surgeons, dentists or veterinarians
-
Whole carcasses of any animal or parts thereof that may create hazards or nuisance
except as authorized by the General Manager or designate, except for the bodies of
companion animals delivered to the Waste-Resource Management Centre by a
municipal animal control officer
-
Waste listed or characterized as hazardous by federal or provincial law
-
Large pieces of sheet iron, scrap metal or machine parts, automobile bodies and fuel
tanks
-
Septic tank pumpings, raw sewage or industrial sludge
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
4
-
Radioactive materials
-
Soil and rock, and tree branches and stumps exceeding 15 cm (6 in) in diameter,
unless approved by the General Manager or designate
-
Manure, kennel waste, excreta, fish processing waste
-
Asbestos
-
Fuel tanks exceeding 2250 litre (500 gal) capacity
-
Hot ashes or cinders
-
Used Tires (rim size 24.5 inches or less)
-
Specified Risk Materials (SRM) - the skull, brain, trigeminal ganglia, eyes, palatine
tonsils, spinal cord and dorsal root ganglia (DRG) of cattle aged 30 months or older, as
well as the distal ileum of cattle of all ages. In cattle infected with Bovine Spongiform
Encephalopathy (BSE), these tissues contain the BSE agent and may transmit the
disease
2.0
Source-Separation
To facilitate recycling and composting of banned materials, all persons in the Valley Region are
required to source-separate the waste they generate at permanent, seasonal or temporary Residential
Premises, at Industrial, Commercial, and Institutional premises, in public places, and at events held in
public places, commercial premises, and other public event venues. Waste must be separated into the
following categories: Compostable Organics, Recyclables, Residual Waste, Hazardous Waste, tires,
and electronics. The items that compose each of these categories are listed below. For up-to-date
sorting information, including proper preparation, see current the Authority sorting lists in the annual
calendar on the Authority website (www.vwrm.com), a free Recycle Coach app, or call the Authority
office at 1-902-679-1325 or toll free at 1-877-927-8300.
2.1 Organics/Compostable Organics
-
Food Waste including fruits and vegetables and peelings, table scraps, meat, poultry and
fish, bones, shellfish (including shells), dairy products, egg shells, cheese, cooking oil,
grease and fat, bread, grain, rice and pasta, coffee grounds and filters, tea leaves and bags,
and other similar items
-
Leaf and Yard Waste including grass clippings, leaves, brush, twigs, house and garden
plants, waste potting soil, sawdust, and wood shavings
-
soiled Boxboard with all plastics, foil and metal fasteners removed (unless soiled with HHW,
paint, petroleum products, etc.) including cereal, shoe, tissue, cracker, cookie, baking
product and frozen food boxes (not coated with plastic), paper towel and toilet paper rolls,
soiled pizza boxes and waxed corrugated cardboard
-
Soiled and Non-Recyclable Paper products (unless soiled with petroleum products)
-
branches and prunings tied in bundles no longer than four (4) feet
-
Christmas trees with decorations and stands removed; and
-
Other materials of plant or animal origin, including cat litter (optional), except for whole
companion animal or livestock carcasses or parts thereof and Specified Risk Materials (see
section 1.0).
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
5
2.2 Recyclables
Recyclable Paper
-
phone books
-
paper egg cartons and other molded paper products
-
newspaper
-
file folders
-
office paper including shredded paper (bond paper, computer paper, envelopes)
-
paperback books
-
cereal boxes and other Boxboard packaging
-
flyers and magazines
-
non-waxed corrugated cardboard
Recyclable Containers
-
milk and juice containers (no caps)
-
beverage containers (soft drinks, beer, liquor may also be returned to an Enviro-Depot for
refund)
-
tin/steel food cans
-
aluminum foil plates, trays and wrap
-
glass bottles and jars (remove lids)
-
clean and empty plastic bags
-
all plastic bottles and containers
-
stretch wrap (pallet wrap)
2.3 Household Hazardous Waste (HHW)
HHW to be delivered at no charge to the HHW Depot at one of the Waste-Resource
Management Centres. In general, material with hazardous symbols on the packaging illustrated
below shall be considered hazardous.
Toxic
Corrosive
Flammable
Explosive
Examples of Household Hazardous Waste include:
-
batteries
-
propane tanks
-
fluorescent light bulbs
-
paint, stain, finishes, sealers
-
motor oil
-
household cleaners
-
pool chemicals
-
pesticides
-
needles and lancets
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
6
2.4 Residual Waste
Examples of Residual Waste include:
-
chip bags and candy wrappers
-
toothpaste tubes, tooth brushes and floss
-
disposable drink cups
-
diapers
-
toys, clothing and footwear
-
incandescent light bulbs, empty spray cans
-
feminine hygiene products
-
oil and antifreeze containers
-
cat litter (optional)
-
dog feces
-
broken glass
-
appliances not considered part of the electronics program
-
furniture
-
carpet
-
Construction and Demolition (C&D) materials
-
permitted medical Solid Waste*
-
and other items not listed as compostable or Recyclables or as Hazardous Waste
* Permitted medical waste means medical waste that is not medical waste listed in section 1.3
of the Directives.
3.0
Authority Collection
The Authority provides a roadside waste collection program servicing all residential and IC&I Premises
within the jurisdictions of the municipal unit parties to the Solid Waste-Resource Management
Intermunicipal Services Agreement, i.e. the Municipality of the County of Kings, and the Towns of
Annapolis Royal, Berwick, Kentville, Middleton, and Wolfville. Solid Waste is collected through the
Authority Collection program provided it is source-separated and set out according to the By-law and
these By-law Directives.
All Eligible Premises are subject to the same source-separation requirements, set-out limits, and
Collection Container requirements. It is the responsibility of the Owner or Occupant to provide for
collection and disposal of materials which are not eligible for Authority Collection or which exceed the
allowable limits.
3.1 Eligible Premises
The basic unit of Authority Collection is a property, or Eligible Premises. To be deemed an
Eligible Premises, a premises must be in compliance with applicable municipal zoning and
development requirements, and property taxes levied to date must be paid. In the case of
federal lands for which property taxes are not paid, premises may be deemed Eligible Premises
if an agreement is in effect to provide waste management services on those lands.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
7
Residential Premises eligible for Authority Collection include self-contained long-term living
accommodations containing kitchen facilities in which the Occupant(s) sleep, cook, and eat
meals. Each such unit is one Eligible Premises.
Industrial Commercial and Institutional (IC&I) Eligible Premises may include a variety of
industrial, commercial or institutional enterprises or organizations including home occupation
businesses. An IC&I serviced unit must:
-
conform to municipal zoning by-law requirements;
-
comprise the entire building, or form a separate business unit within a building containing
two or more separate units;
-
be an operating business generating waste through activities of that business; and
-
be assessed as commercial, resource farm, or another designation excepting residential,
or resource forest.
The Owner or Occupant of any Eligible Premises generating waste in excess of the standard
collection limits must make arrangements, either through private service providers or using their
own resources, to remove and Dispose of their waste materials in compliance with the By-law.
Examples of residential and IC&I Eligible Premises include:
-
single detached residential dwellings including mobile homes
-
each individual unit in a duplex or semi-detached residential dwelling (under-and-over
and side-by-side)
-
each individual unit in a Multi-Unit Residential Building (e.g. apartments and
condominiums) or in a multi-unit ICI building or in a multi-unit mixed use building
-
each individual unit in a row house or townhouse dwelling
-
an individual unit in an industrial, commercial or institutional building as defined above
-
seasonal residential dwellings (e.g. a cottage)
-
church halls, community halls, fire halls, service club halls, and other similar public
buildings
-
residential dwellings and IC&I Premises on private roads providing that properly sorted
and contained waste materials shall be deposited in a drop-off depot designated by
Authority for the purpose, or, in the absence of a drop-off depot, placed at the nearest
intersection with a public road at the set-out times specified in section 5.2 of the By-law
-
public wharves: a wharf is one Eligible Premises
-
cemeteries: a cemetery is one Eligible Premises
-
seasonal agricultural worker accommodations where Occupants eat, sleep and prepare
their meals
3.2 Green Carts and Mini-bins
3.2.1 Cart Distribution
The Authority provides aerated Organics Collection Carts (Green Carts) and kitchen Mini-
bins for each Eligible Premises. Green Carts and Mini-bins are assigned to a given Eligible
Premises and remain the property of the Authority. In all cases, the Authority supplies the
Green Cart and Mini-bin only for the Storage and collection of Compostable Organics from
the premises. Green Carts and Mini-bins are assigned as detailed below:
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
8
-
a single detached permanent, residential dwelling including a mobile home, individual
row house, and individual unit in a semi-detached dwelling - one Green Cart and one
Mini-bin will be assigned automatically to the property;
-
each single Industrial, Commercial, or Institutional premises - one Green Cart and
Mini-bin will be supplied;
-
a Multi-Unit Residential Building or condominium building - a sufficient number of
Green Carts will be assigned to provide Storage for the amount of Organics generated
between collections by all the building's units combined -usually that means one Green
Cart for every four units;
A Mini-bin will be provided to each individual apartment unit;
-
duplexes (side by side or over and under) - one Green Cart will be assigned to each
unit;
-
seasonal homes on private roads - one Mini-bin will be provided to each unit; a Green
Cart will only be provided if there is no seasonal waste drop-off depot in the area and
the resident places the Green Cart at a public road for collection; and
-
church halls, community halls, fire halls, service club halls and other similar buildings -
one Green Cart and one Mini-bin will be provided on request to each unit
3.2.2 Green Cart Ownership
Green Carts and Mini-bins are and remain the property of the Valley Region Solid
Waste-Resource Management Authority. The Green Cart and Mini-bin are registered to
the residential or IC&I property, and are assigned to the property. When a property is
sold, the Green Cart and Mini-bin shall remain on the property.
3.2.3 Green Cart Exchange
The Authority may from time to time offer more than one size Green Cart to
accommodate the varying needs of residents. The standard Green Cart size has a
nominal volume of 240 liters. When other Green Cart sizes are available, the current one
may be exchanged for one of more suitable size. There is no service fee for this
exchange. Green Carts will not be exchanged due to uncleanliness or design preference.
3.2.4 Lost, Stolen or Damaged Green Carts or Mini-bins
If a Green Cart is lost, stolen or damaged, except through normal use, it is the Property
Owner's responsibility, subject to the General Manager's discretion, to pay the Authority
the replacement cost. If damaged or stolen due to negligence of the collection
contractor, it will be the contractor's responsibility to purchase a new Green Cart.
The Authority will replace Green Carts rendered unusable through normal use at no cost.
It is the Property Owner's responsibility to replace lost or broken Mini-bins, except that
when a property is sold, the Authority will replace missing or destroyed Mini-bins free of
charge at the Owner's request.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
9
3.2.5 Sale of Property
Green Carts are the property of the Authority. Upon the sale of a property, the Green
Cart shall remain with the property. The new Owner is responsible for making new Green
Cart arrangements with the Authority if necessary.
3.3 Non-Collectable Materials
In addition to all materials detailed in Section 1.0 Banned Materials, subsection iii, the
Authority will not collect the following materials curbside through the Authority Collection
program:
-
Solid Waste produced outside the jurisdictions administered by the Authority
-
any materials not meeting collection requirements
-
items banned by the province from landfill disposal, as per Schedule B of Solid Waste-
Resource Regulations; e.g. electronics
-
large windows or large glass doors
-
items covered under the Authority's Household Hazardous Waste program
3.4 Collection Containers
Waste shall be set out for Authority Collection in the containers and quantities set out below.
Collection Containers must be designed to allow for safe and efficient collection. Collection
Containers that do not allow the collector to remove waste in an ergonomically-acceptable
manner may be rejected roadside provided the collector affixes a rejection sticker explaining the
reason.
3.4.1 Acceptable Collection Containers for Authority Collection
Acceptable Collection Containers for Recyclable Materials shall be:
-
Transparent blue plastic bags weighing no more than 15 kg (33 lb.) when full; no
wider than 0.8 m (30 inches), and no longer than 1 m (39 inches) when flat
-
Bundles of corrugated cardboard: flattened and securely tied or otherwise bound
together, weighing no more than 15 kg (33 lb.) and measuring no more than 30 cm
by 60 cm by 90 cm (I foot by 2 feet by 3 feet)
Acceptable Collection Containers for Compostable Organics shall be:
-
Organics Collection Carts as assigned to properties by the Authority weighing no
more than 100 kg (220 lb.) when full
-
Bundles of brush, no more than 60 cm (2 feet) in diameter, securely tied, and
weighing no more than 15 kg (33 lb.) with no individual piece of material being
more than 5 cm (2 inches) in diameter or longer than 1.2 m (4 feet)
Acceptable Collection Containers for Residual Waste shall be:
-
Clear Transparent Plastic Bags:
a. Securely tied and watertight
b. No wider than 0.8 m (30 inches) , and no longer than 1 m (39 inches) when flat;
and
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
10
c. Weighing no more than 15 kg (33 lb.) when full
-
Each serviced unit may set out one (1) solid-coloured regular plastic garbage bag
(e.g. black, green, brown, white, etc.) as a "privacy bag" each collection cycle, to
contain private items such as permitted medical waste and other Residual Waste.
A clear bag filled with smaller opaque bags is considered one solid-coloured
"privacy bag". The privacy bag counts as one Residual Waste container and is
subject to inspection for proper source-separation like any other Residual Waste
container.
-
Broken glass shall be safely boxed or wrapped to prevent injury
-
To prevent Litter created by pests, snow plows, etc., acceptable Residual Waste
bags may be set out for collection inside water tight metal or plastic garbage cans
which are:
a. constructed of durable metal, plastic or other impermeable material designed
for containment of waste;
b. equipped with a tight fitting impermeable cover;
c. equipped with handles in good repair; and
d. as large as or larger in diameter at the top than at the bottom.
NOTE: The basic Collection Container unit remains the plastic bag (clear or solid-
coloured) regardless whether the bag is set out on its own, in a garbage can, or in a
Storage bin roadside.
3.4.2 Allowable Number of Collection Containers
The number of Collection Containers allowed per serviced unit per collection is as follows:
1. A total of eight bags of Recyclables and Residual Waste combined;
a. Up to eight bags may be Recyclable Materials (in blue bags)
b. No more than four bags may be Residual Waste (in clear bags)
c. One clear bag may be replaced with a solid-coloured privacy bag - see section
3.4.1, Acceptable Collection Containers for Residual Waste, ii.
2. One Green Cart; except in the case of a Multi-Unit Residential Building where the
number of Green Carts allowed shall be the number issued by the Authority to the
building in accordance with section 3.2.1 of the Directives;
3. Two bundles of brush; and
4. Two bundles of corrugated cardboard
3.5 Exemptions from Collection Rules
Occasionally, the Occupant(s) of a serviced unit may be unable to comply with Authority
Collection rules, for medical or similar reasons. In such cases, after verifying the reasons for the
inability to comply, and after confirming that the Occupants are aware of their responsibilities
and are complying with the best of their ability, Authority staff may grant an exemption to the
normal collection rules.
Staff shall maintain a list of civic addresses where exemptions have been granted and the
reasons for the exemptions. The civic address list shall be provided to the Authority Collection
Contractor to ensure that collection at exempted address is carried out consistent with the
exemptions.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
11
3.6 Curbside Inspection of Solid Waste Setouts
Inspection Guidelines
Authority staff regularly inspect waste materials set out for collection as a means of assessing
compliance with the By-law and the source-separation and waste container Directives.
-
When the Inspector finds improperly sorted or packaged material set out for collection, the
inspector may respond with educational tools including leaving the waste with an information
sticker, and follow-up communication with the Occupant or Owner of the property.
-
Repeated subsequent violations, depending on their severity, may result in a more serious
penalty as set out in the By-law, such a By-law Ticket or the suspension of the collection
service.
3.7 Special Collections
3.7.1 Spring and Fall Clean-up
Bulky Items such as furniture, stoves, mattresses, scrap metal, bed springs, barrels, water
tanks, dishwashers, clothes, washers and dryers, pieces of fencing, refrigerators, freezers,
air conditioners (with a "CFC refrigerant-free" sticker) and debris from home renovations
are not collected roadside during regular Authority Collection days.
The Authority provides Special Collections for Bulky Items. The dates, schedules, and
rules for these collections appear on the annual Authority calendar distributed through the
jurisdiction of municipal partners and on the Authority website.
Rules for Spring and Fall Cleanup are as follows:
-
cleanups are intended for large, bulky and excess Residual Waste only.
Recyclable Materials and Compostable Organics will not be collected by the clean-
up trucks.
-
items may be set out for clean-up no earlier than the weekend before the
scheduled collection day
-
all items must be set out for collection in front of the property where they were
generated
-
a maximum of 20 items will be collected from each serviced unit
-
an item means a single object, bag, container, or securely tied bundle
-
a bundle shall measure no more than 120 cm (4 feet) in length
-
bagged waste must be placed in clear bags
-
corrugated cardboard Cartons are banned from landfill in Nova Scotia and
collection crews will empty and leave them for the Owner or Occupant of the
serviced unit to recycle
-
no more than two of any one appliance type will be collected from any one serviced
unit
-
items shall weigh no more than 34 kg (75 lb.) each
-
certain large items such as furniture and appliances may weigh up to 91 kg (200
lb.)
-
items weighing more than 91 kg (200 lb.) will not be collected
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
12
-
large windows and glass doors may not be collected because of the potential
danger to the collection crew if the glass shatters when compacted in the collection
truck
-
items not collected are the responsibility of the Owner or Occupant and must be
removed from roadside at the end of the collection day
3.7.2 Other Special Collections
The General Manager may schedule other Special Collections as approved by the
Authority.
3.8 Collection Schedule
Regular roadside Authority Collection of Recyclable Materials, Compostable Organics, and
Residual Waste occurs every second week. Details of collection routes are available in the
annual Authority Calendar, online at www.vwrm.com, or by phone through the Hotline at 902-
679-1325 or toll free at 1-877-927-8300.
Collection will start no earlier than 7:00 a.m. on any collection day, unless otherwise specified.
3.9 Holidays
There shall be no collection on the following designated holidays:
-
New Year's Day
-
Heritage Day
-
Good Friday
-
Easter Monday
-
Victoria Day
-
Canada Day
-
Labour Day
-
Thanksgiving Day
-
Remembrance Day
-
Christmas Day
-
Boxing Day
The General Manager will notify the public, in advance, of the designated alternate collection
day for each Holiday, normally through the annual calendar. Information is also available online
at www.vwrm.com or through the Hotline at 902-679-1325 or toll free at 1-877-927-8300.
3.10 Storm Day Collection
If Authority Collection is cancelled because of a storm, the collection contractor will collect the
route the following Monday. If that Monday is a holiday or already scheduled for collection, the
General Manager will designate another day.
If the collection contractor begins the day's routes but is called off the road due to inclement
weather before completing the routes, no alternate collection day will be scheduled. Collection
stops missed due to the cancellation will be granted double collection limits for the next regularly
scheduled collection day.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
13
4.0 Hazardous Waste
The Authority Collection program is not designed to collect Hazardous Waste. Residents shall Dispose
of Household Hazardous Waste through the Household Hazardous Waste (HHW) Depots operated by
the Authority at the Eastern Management Centre or the Western Management Centre.
The Management Centres are not permitted by the Province to accept Hazardous Waste generated in
the Industrial, Commercial and Institutional sector. It is the responsibility of the IC&I sector to ensure
that their Hazardous Waste is Disposed of in accordance with provincial regulations.
5.0
Public Waste and Special Events
The By-law requires the generator to source-separate their waste. There is no exception for waste
generated at a public event where Public Waste is generated, or a private event such as a wedding,
family reunion or other such gathering at a home, or other public or private venue.
The By-law defines Public Waste as:
Public Waste means Solid Waste generated in or on premises where the public is or would
normally be responsible for Disposing of waste including, without limitation, enclosed or
exterior shopping centres, malls, food courts, quick-service or counter-service restaurants,
sports arenas, office or other commercial premises, retail premises, private or public parks
or campgrounds, and inside or outside public event venues;
It is challenging for businesses or special event managers to control the actions of the public or invited
guests who use their facilities or attend their events. Public education and cooperation between the
public, guests, the manager, staff, the waste hauler and the Authority key to successfully managing
Public Waste. Similar guidelines apply also to operators of private events such as private parties,
family events and the like.
Event organizers may contact the Authority for information and borrow sorting stations. It is the
responsibility of event operators to Dispose of materials collected in borrowed sorting stations. The
event organizer is also responsible for picking up, cleaning and returning borrowed sorting stations.
Guidelines for Managing Public Waste
-
in any staff-controlled area all waste shall be source-separated
-
where waste is not under staff control, the business or event manager shall exercise due
diligence to provide the public with conveniently located Source-Separation containers
-
Labels and signage shall be posted indicating what materials should be placed in each
container to help the public know where to correctly place their waste
-
public washroom waste is considered Residual Waste and there is no requirement to sort it
-
all waste delivered to Management Centres is subject to inspection and compliance measures
-
The Authority staff are available to provide advice on setting up a Public Waste sorting system
-
on request, the Authority lends sorting stations to event organizers
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
14
6.0
Management Centres
The Authority operates two Waste Management Centres, one at 100 Donald E. Hiltz Connector Road,
in Kentville and one at 343 Elliot Road, south of Exit 19 off Highway 101 near the Village of
Lawrencetown. The Management Centres are approved by the Minister of the Environment to accept
Source-Separated Solid Waste from the general public and the IC&I sector. The various streams of
Solid Waste are transferred off site to approved processing or disposal locations.
6.1
Hours of Public Operation
The Eastern Management Centre in Kentville is open to the public from 8:00 am to 4:00 pm from
Monday to Friday inclusive and from 8:00 am to 12:00 noon on Saturdays. The Western
Management Centre in Lawrencetown is open 8:00 am to 4:00 pm on Tuesday, Wednesday,
and Friday and from 8:00 am to 12:00 pm on Saturdays.
6.2
Materials Not Acceptable as Residual Waste
See Section 1.0 Banned Materials for information on what can be delivered to the Waste-
Resource Management Centres.
6.3
Waste Disposal Fee Structure
The following provisions apply to the waste disposal fee structure:
-
The Authority shall stipulate the fees and charges for disposing materials at its waste
management facilities. These fees shall be set from time to time by the Authority and
displayed in a Fee Schedule (see attached sample in Schedule 1 (a));
-
The applicable disposal fee shall be paid by the hauler who delivers the waste to the Waste-
Resource Management Centre;
-
Haulers or waste generators wishing to Dispose of materials requiring special handling or
disposal techniques shall give the Authority 48 hours' notice requesting permission to deposit
such special wastes, stating the properties, characteristics, origins and amounts of the waste.
Authority staff shall advise the hauler whether the waste is acceptable and, if so, under what
conditions; and
-
No waste disposal fees shall apply to waste collected from Eligible Premises by the collection
contractor(s) engaged by the Authority to undertake the Authority Collection program.
6.4
Haulage Vehicle Registration
-
Commercial haulers using the Authority's Waste-Resource Management Centres may be
required to comply with the registration requirements of the Authority including vehicle
registration for such haulers.
-
The following provisions may apply to vehicle registration for haulers using the Authority's
Waste-Resource Management Centres:
a. Haulers using the Authority's waste management facilities shall pre-register
identifying information and the tare weight of each vehicle as required by the
Authority from time to time, and separately identify those vehicles to be used in
contracted Authority Collection services operated on behalf of the Authority (if the
hauler is also a commercial collection contractor);
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
15
b. Haulers who wish to be granted credit privileges with the Authority must register
adequate information with the Authority. Each hauler will be assigned an account
number and each vehicle may be assigned a unique identification number that shall
be displayed on the left front of the vehicle in a location, size and format specified by
the Manager; and
c. The driver of each registered vehicle must present the assigned account number to
the scale operator upon entering the facility. The hauler in whose name the account
is registered will be invoiced for materials delivered under that account.
6.5
Waste packaging and placement requirements
Waste materials may be brought to the Waste-Resource Management Centre either bagged,
bundled or loose. For bagged materials, Recyclables must be in blue or clear bags,
compostables in Green Carts or compostable bags for Organics, and Residual Waste in clear
bags. In case of Recyclables or Residual Waste brought in cardboard boxes, the boxes must be
emptied by the user.
All Solid Waste shall be placed in appropriate designated locations for each type of Source-
Separated Solid waste. Failing to do so is an offence contrary to section 6.8 of the By-law.
6.6
Fee Payment
-
Haulers who transport acceptable material to a facility operated by the Authority, either with
his/her own vehicles, or through his/her contractors or agents shall pay tipping fee charges
in cash, by credit card, or by current electronic payment technology available at the site or,
if they have been granted credit privileges, upon invoice in accordance with sections a, b,
and c below:
a. When both inbound and outbound scales are operating, the vehicle will be weighed
upon entering the facility and shall be weighed again upon leaving. The hauler will pay
the fee in accordance with the current fee structure prior to leaving the facility, or upon
receipt of an invoice if the hauler has been granted credit privileges;
b. When only one scale is in operation and the tare weight of a vehicle transporting
materials has been predetermined, payment in accordance with the fee structure is
required upon being weighed prior to leaving the facility, or upon receipt of an invoice if
the hauler has been granted credit privileges; and
c. When only one scale is in operation and the tare weight of a vehicle transporting
materials for disposal has not been predetermined, the vehicle will be weighed upon
entering the facility and again upon leaving. The hauler will then pay the tipping fee in
accordance with the fee structure set from time to time by the Authority prior to leaving
the facility, or upon receipt of an invoice if the hauler has been granted credit privileges.
-
Haulers who have been granted credit privileges are subject to the current Overdue
Account Collection Policy.
6.7
Volume Based Tipping Fees
The General Manager shall set per cubic-meter rates payable by the haulers to be used when the
weigh scales at the Waste-Resource Management Centres become inoperative. These shall be
applied based on the capacity of the vehicle and the volume of the material in the vehicle as
estimated by the scale operator, and shall be based on material weights displayed in Schedule
1(b) Volume-based Tipping Fee Calculation.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
16
6.8
Inspection and Compliance Guidelines
Waste at the Waste-Resource Management Centres may be inspected to ensure compliance with
the source-separation and waste packaging requirements established by provincial regulation, the
By-law, and operational rules of the Waste-Resource Management Centres.
-
Based on a visual inspection, random selection or other factors, Waste-Resource Management
Centre staff may choose a load for thorough screening. Waste screening normally means
removing bagged waste or individual items from a load for careful examination to assess
compliance and to identify the waste generator(s).
-
As provided in section 7.4 of the By-law, inspection staff have the authority to request the
names of all customers whose waste is contained in commercial loads being inspected.
-
Non-compliant materials located in a load are communicated to the hauler, customer or
generator of the waste.
-
Non-compliant materials located in a load may also result in any penalty detailed in the By-law,
including without limitation, a Warning, a By-law Ticket, a double tipping fee, or rejection of the
load and sending it back to the generator for corrective action before it can be accepted at the
Waste-Resource Management Centre.
7.0
By-law Enforcement
7.1
Compliance Philosophy
Authority staff use a balance of education and enforcement strategies to improve compliance
with municipal By-laws and provincial regulations. Providing information and assistance to
citizens and businesses is the first step in achieving compliance, followed if necessary by
progressive enforcement action such as written notice, Warnings, fines and charges laid by
investigators to be dealt with according to law in Provincial or Supreme Court.
7.2
Enforcement Tools and Procedures
The graduated enforcement response has been developed to address cases of failure to comply
with the requirements of the By-law and Directives.
The tools used by enforcement staff range from verbal communication, written notice with
specific deadlines, Warnings, suspension of curbside waste collection, Notices of Violation
providing for an administrative out-of-court settlement (By-law Tickets), Summary Offence
Tickets (SOTs) and Long Form Information charges in Provincial Court.
The enforcement tools are chosen based on the type and severity of offence and are at the
discretion of the enforcement staff and in accordance with the Offence Enforcement and
Penalties provisions of this By-law.
7.3
Investigation
All complaints and information concerning alleged violations of the By-law received are
prioritized and investigated as quickly as resources allow. As needed, during the investigation,
enforcement staff will work closely with other Authority staff, municipal staff, Nova Scotia
Environment Inspectors, and with the local police agencies.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
17
The By-law Enforcement Officer shall be qualified as a Special Constable under the Nova Scotia
Police Act, be a member of the Atlantic Bylaw Officers Association (ABOA) and shall participate
in enforcement and compliance training opportunities.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
18
Schedule 1(a) - Fee Schedule
Current April 1, 2020
Waste Category
Price Per Tonne
Authority Members
Non-members
Recyclables
$97
$129
Organics
-
Food Waste
-
Brush, Grass Clippings, Pine Needles
-
Leaves
$97
$97
No Charge
$129
$129
Garbage
$121
$161
Construction & Demolition Debris - Sorted
$57
$76
-
Brick, block,
concrete
-
Asphalt
-
Asphalt shingles
-
Drywall
Construction & Demolition Debris - Mixed
$121
$161
Scrap Metals and White Goods
One free appliance per day
$57
$76
Minimum Fee
$5
$10
Penalty Fee
$242
$322
Other Services
CFC Removal from Refrigeration Units
$20/unit
$20/unit
Household Hazardous Waste
No Fee
No Fee
Contaminated Soil:
Contact the Authority for disposal locations.
Dependent on disposal
location
Dependent on disposal
location
Other Special Wastes:
Generator must give the Authority 48 hours' notice
to make special arrangements.
To be arranged
To be arranged
Weighscale usage (loaded weight and tare weight)
$10.00 per load
Used wood pallets (for sale)
$2.00 each
Hours of Operation:
Kentville: Mon - Fri 8am-4pm. Saturday 8am-12noon
Lawrencetown: Tues, Wed, Fri 8am - 4pm. Saturday 8 am-12 noon
Note 1: The minimum fee applies to the following: 41kg and less for garbage, 50 kg and less for Organics, 50 kg and less for
Recyclables or 90 kg and less for sorted construction & demolition debris and scrap metal.
Note 2: The term Authority Members applies to anyone bringing a load generated in the Municipality of the County of
Kings, the Towns of Annapolis Royal, Berwick, Kentville, Middleton and Wolfville, and the First Nations communities of
Annapolis Valley, Bear River, and Glooscap. Loads originating outside these areas are considered non-members.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
19
Schedule 1(b)
Volume Based Tipping Fee Calculation
It may be necessary at times to operate one or both of the Waste-Resource Management Centres with
inoperable scales - for example, during an emergency such as a major power failure. In such a
circumstance it would be impossible to charge tipping fees based on incoming weights. Volume-based
fees are one option.
The following table details conversion factors that the scale operator can use to calculate fees based on
the type and volume of the material on the delivery truck.
Volume Based Weights
MSW
lb./cu yd.
kg/cu yd.
kg/cu m
Non-compacted
225
102
134
Compacted
750
341
446
C&D
Loose Mixed
560
255
333
Wood
169
77
100
Roofing
731
332
434
Concrete
860
391
511
Organics
Food Waste
1,070
486
635
Leaves
225
102
134
Brush
300
136
178
Grass
400
182
238
Recyclables
Paper Mixed Loose
875
398
520
Containers Mixed Loose
35
16
21
Information from various sources including
National Recycling Coalition Measurement Standards and Reporting Guidelines; EPA; FEECO; CIWMB
2006
Conversions: I kg = 2.2 lb.; I cu yd. = .765 cu meter
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW DIRECTIVES cont'd
20
By-law Adoption
First Reading
Notice of
Second
Reading
Second
Reading
Notice of
Passing
Certified Copy
to Minister
Approval/
Acknowledgement
by Minister
Date of
Repeal
Oct 6, 2020
Oct 17, 2020
Nov 3, 2020
Nov 10, 2020
Nov 10, 2020
Nov 25, 2020
By-law Amendments
First Reading
Notice of
Second
Reading
Second
Reading
Notice of
Passing
Certified Copy
to Minister
Approval/
Acknowledgement
by Minister
Date of
Repeal