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1
Solid Waste Management By-law
TOWN OF MAHONE BAY
A BY-LAW TO PROVIDE FOR THE SEPARATION, STORAGE, PLACEMENT, COLLECTION
AND TRANSPORTATION OF SOLID WASTE RESOURCES GENERATED WITHIN THE TOWN
OF MAHONE BAY
BY-LAW NUMBER 46
SHORT TITLE:
1) This By-law shall be known and may be cited as the "Solid Waste Management
By-law".
DEFINITIONS:
2) Governing Authorities
a) "N.S.E." means that department of the Nova Scotia Provincial Government
currently called "Nova Scotia Environment" or its successor provincial
department should there be a name change;
b) "Divert Nova Scotia" a not-for-profit Board regulated by the Nova Scotia Solid
Waste-Resource Management Regulations, under Section 102 of the
Environment Act. The Board's mandates administering resource recovery
fund as prescribed in Section 4 of the Solid Waste Regulations.
c) "Council" means the Council of the Town of Mahone Bay;
d) "Municipal Joint Services Board" referred to in this Bylaw as "the MJSB,"
means a corporate body established pursuant to an Intermunicipal Services
Agreement to which this municipality is a party. The municipal parties to that
Agreement have given the MJSB responsibility for the management of solid
waste within their respective jurisdictions, pursuant to the s. 60 of the
Municipal Government Act.
e) "LRCRC" means Lunenburg Regional Community Recycling Centre, a division
under the mandate of the MJSB, overseeing the management of the Solid
Waste system. The facility is located at 908 Mullock Road, Whynott's
Settlement
3) Solid Waste
"Solid waste" means collectible waste, non-collectible waste, bulky waste,
construction or demolition materials, household hazardous waste, residual waste -
all as defined herein and any other waste or discarded tangible personal property
but excludes wastes from any industrial activity regulated by way of an approval
under the Environment Act;
4)
Words used in this by-law shall take their meaning from their context and from
dictionaries of the English (Canadian) language, except as follows:
a) "approved storage bin" means a storage bin designed for the temporary
storage of collectible waste and which meets the following specifications:
i) is constructed of wood or other material and in such a manner as to be
inaccessible to pests, rodents, vermin, seagulls or animals;
ii) is fitted with a securely-hinged lid weighing not more than 5 kilograms
(approx. 11 pounds); and
iii) is not equipped with a self-locking latch;
b) "blue bag recyclables" means glass jars and bottles, cans (whether made of
aluminum, steel or tin), plastic containers, plastic bags, film stretch and pallet wrap,
milk and juice containers together with such other items as may, from time to time,
be designated by N.S.E.'s Regulations Respecting Solid Waste-Resource
Management, November, 1995, as amended or other successive solid waste
legislation, as blue bag recyclables;
c) "boxboard" means cereal, shoe, tissue, detergent, cracker, cookie, baking
product and frozen food
boxes, toilet paper rolls and paper towel rolls or other similar items;
d) "branches and Limbs" means branches, limbs and brush;
e) "bulky waste" means large items of a household nature including but not
limited to: vacuum cleaners, upholstered furniture, mattresses, box springs;
porcelain bathroom items such as toilets and sinks; metal items (as defined herein),
white goods (as defined herein), plastic barrels, artificial Christmas trees as well as
small quantities of construction or demolition material, excluding asphalt shingles -
subject to requirements under "Special Conditions for Bulky Waste Collection"
elsewhere in this by-law)
f) "collectible waste" means those wastes which are eligible for collection, within
the volume and other restrictions outlined elsewhere in this by-law, on regularly-
scheduled collection days and consists of the following categories of waste:
i) organic materials (as defined herein);
ii) recyclables (as defined herein);
iii) residual waste (as defined herein); and
iv) bulky waste.
g) "commercial container" means any container used for the storage of properly
sorted collectable waste and clean up waste generated from multi-residential,
institutional, commercial, industrial or other premises within the Town which
waste exceeds the maximums or is outside the types of waste allowed on regular
or special collection days as outlined elsewhere in this by-law and which container
is designed to be emptied by, and the waste transported by, a hauler;
h) "construction or demolition materials" means left-over material generated as
a result of any form of construction or renovation and materials generated from
demolition activity including but not limited to: asphalt, brick, mortar, polystyrene
or fiberglass insulation, cellulose, drywall, plaster, shingles, metal and scrap wood -
regardless of whether such left-over material is regulated by the Province of Nova
Scotia or meets the definition of "C & D Debris" in the N.S.E. 1997 Guidelines for
same;
i) "dispose" means any form of disposal of any material, including solid waste as
defined herein, and includes burning or any of the following whether temporary or
permanent: deposit, storage, placement, or burial regardless of whether or not the
material being, or having been, deposited, stored or placed is in a box, bin,
container or any other containment device;
j) "dwelling unit" means one or more habitable rooms designed, occupied or
intended for use by one or more persons as an independent and separate
housekeeping establishment in which kitchen, sleeping and sanitary facilities are
provided for the exclusive use of such persons;
k) "electronics" means any electronic any electronic device that is acceptable
under the provincial Electronic Products Recycling Association (EPRA) program.
The list of items under this category may change from time to time, as determined
by EPRA;
l) "eligible premises" means those properties within the Town which are
eligible for collection services - up to the maximum restrictions outlined elsewhere
in this by-law - and includes all properties in the Town including properties located
on private roads;
m) "food waste" means 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
similar items;
n) "green cart" means an aerated plastic cart designed for the short-term external
storage of organic materials prior to collection and for the placing out for collection
of same;
o) "hauler" means any public or private company or person who transports solid
waste within the Town or within the boundaries of the municipal member units of
the LRCRC (defined herein);
p) "household hazardous waste" means any corrosive, flammable or poisonous
material or substance such as oil and oil products, radioactive materials, acids,
poisons, insecticides or other poisons used for agricultural purposes or for rodent
control, any substance or chemical highly lethal to mammalian or aquatic life and
any substance or chemical dangerous to the environment - including but not
limited to: batteries, left-over liquid paint, left-over corrosive cleaners, pesticides or
herbicides, gasoline, fuel oil and used motor oil, solvents and thinners,
pharmaceuticals, drugs and needles, aerosol cans which contain hazardous
substances, BBQ propane tanks and small propane cylinders or canisters such
as those used for camp stoves or propane torches;
q) "leaf and yard waste" means grass clippings, leaves, twigs, house and garden
plants or other similar items as well as branches, limbs or brush - the latter three
being subject to special requirements elsewhere in this by-law;
r) "metal items" means medium to large metal items including metal fencing,
water tanks, oil tanks - subject to special requirements elsewhere in this by-
law - and metal containers other than containers designed to hold either
household hazardous waste (as defined herein) or anything intended for human
consumption;
s) "mini-bin" means a small plastic container designed for the short-term internal
storage of organic materials prior to deposit in a green cart;
t) "non-collectible waste" means all material other than collectible waste or bulky
waste and, without limiting the generality of the foregoing, includes:
i)
highly combustible or explosive materials including, without limiting,
fireworks, flares, celluloid cuttings, motion picture film, oil or gasoline soaked rags,
gas containers, chemicals, acids or other combustible residues, fine dry sawdust,
ammunition, dynamite, or other similar material;
ii) materials that are considered pathogenic or biomedical including, without
limiting, dressings, bandages or other infected materials or sharps discarded in the
course of the practice of physicians, surgeons, dentists or veterinarians;
iii) carcasses or parts of any animal except food waste;
iv) waste listed or characterized as hazardous by any Federal or Provincial law -
including "household hazardous waste" as defined herein;
v) electronics, with the exception of an annual electronics collection;
vi) solid waste generated, or originating from, outside the Town;
vii) liquid waste or material that has attained a fluid consistency and has not been
drained;
viii) soil, rock and stumps;
ix) construction or demolition materials (as defined herein);
x) septic tank pumping's, raw sewage or industrial sludge;
xi) radioactive materials;
xii) contaminated soil;
xiii) all passenger tires up to 62 cm (24.5 inches) as per the Tire Management
Program administered by Divert Nova Scotia;
xiv) industrial waste from factories or manufacturing processes;
xv) manure, kennel waste, excreta, fish processing waste;
xvi) lead-acid automotive batteries and propane tanks;
xvii) waste which has been placed for collection but not in accordance with the
provisions of this by-law; and
xviii) materials banned from landfill disposal by the N.S.E. Regulations Respecting
Solid Waste-Resource Management, November, 1995, as amended - other than
recyclable materials or organic materials from eligible premises;
u) "non-recyclable paper" means used napkins or paper towel, used fast food
wrappers, wax paper, soiled pizza boxes, used paper plates or paper cups, wax or
poly-coated foodservice products including cups, bowls, plates, and containers,
damp or soiled newspaper or flyers, sugar, flour & potato paper bags or other similar
items;
v) "occupant" means any person who, in addition to or instead of the owner,
resides in or is the lessee of, whether by way of verbal or written lease or other
arrangement, a building or on a property located within the Town and
includes any assignee or legal representative of same;
w) "organic materials" means food waste (as defined herein), leaf and yard waste
(as defined herein), non-recyclable paper (as defined herein), but excluding wax or
poly-coated foodservice products including cups, bowls, plates, and containers,
ashes or soot, sawdust, wood chips, wood shavings and other specific material of
plant or animal origin as designated by N.S.E.'s Regulations Respecting Solid
Waste-Resource Management, November, 1995, as amended or other successive
solid waste legislation from time to time;
x) "owner" refers to the owner of property and includes a part owner, joint owner,
tenant in common or joint tenant of the whole or any part of land or a building and,
in the case of the absence or incapacity of the person having title to the land or
building, a trustee, an executor, a guardian, an agent, a mortgagee in possession or
a person having the care or control of the land or building; and, in the absence of
proof to the contrary, the person assessed for the property;
y) "paper recyclables" means non-soiled mixed paper, corrugated cardboard,
boxboard (as defined herein), newsprint, magazines, catalogues, flyers, telephone
and other soft cover books, file folders - both traditional and expandable, envelopes
(other than padded or bubbled envelopes), non-metallic wrapping paper and paper
egg cartons or other similar items as are designated by N.S.E.'s Regulations
Respecting Solid Waste-Resource Management, November, 1995, as amended or
other successive solid waste legislation from time to time;
z) "recyclables" means paper recyclables and blue bag recyclables - both as
defined herein;
aa) "regulation container" means a container, bag or bundle which meets the
specifications and other requirements for same - in relation to specific waste types
- as outlined elsewhere in this by-law;
bb) "rejected waste" means any type of waste which has been placed for
collection but not in accordance with the provisions of this by-law and which has
had a rejection sticker affixed thereto by the Town or its designated agent;
cc) "residual waste" means broken bottles, crockery and glassware - subject to
special requirements elsewhere in this by-law - and floor sweepings, pet litter, light
bulbs, disposable diapers, discarded clothing and furnishings, broken toys, mats
and small carpets, wax or poly-coated foodservice products including cups, bowls,
plates, and containers non-recyclable plastic, non-recyclable packaging including
Styrofoam™ and padded or bubbled envelopes, metallic wrapping paper, non-
passenger tires, non- repairable household waste;
dd) "scrap wood" means wooden furniture, wooden pallets, wooden barrels, boards
and plywood.
ee) "Town" means the Town of Mahone Bay and the administration of the town
through the Chief Administrative Officers and other employees of the town
assigned to administer this bylaw.
ff) "white goods" means any large household appliance including but not limited to
stoves, dishwashers, washers, dryers, hot water heaters, refrigerators, freezers,
dehumidifiers and air conditioners" - the last four (4) being subject to special
requirements elsewhere in this by-law.
COLLECTION
1) Regularly-scheduled collection from eligible premises of recyclables - subject to
restrictions noted elsewhere in this by-law - shall take place once every two (2) weeks
commencing at 8:00 a.m.
2) Regularly-scheduled collection from eligible premises of organic materials, two (2)
bulky waste items and residual waste - both subject to restrictions noted elsewhere in
this by-law - shall take place on the alternating week commencing at 8:00 a.m.
3) The alternating bi-weekly nature of the two above-mentioned collections results in a
collection of some type(s) of collectible waste once a week.
4) When a normally scheduled collection day falls on a public or statutory holiday, such
collection shall be made instead on a date as identified in the Town's "collection
calendar", unless otherwise specified by the Town of Mahone Bay.
5) Each Spring and Fall there will be a separate special collection of leaf and yard waste
-as per restrictions noted elsewhere in this by-law - on a date to be specified by the Town
of Mahone Bay.
6) Each Fall there will be an electronics collection- as per restrictions noted elsewhere in
this by-law - on a date to be specified by the Town of Mahone Bay.
7) Each Fall there will be a scrap wood and metal items collection - as per restrictions
noted elsewhere in this by-law - on a date to be specified by the Town of Mahone Bay.
8) Collection of properly-prepared natural Christmas trees, per restrictions noted
elsewhere in this by-law, shall take place annually in the month of January on a date to
be specified by the Town of Mahone Bay.
9) The dates for collection of collectible waste from eligible premises will be as described
in a mail-out "collection calendar" - which will also be posted on-line.
PLACEMENT
10) All solid waste to be collected by the Town shall be accessible to the collector within
3 metres (approximately 10 feet) of the curb or travel-way, placed in such a manner as to
not interfere with pedestrian traffic and snow removal.
11) All regulation or other containers of solid waste placed out to be collected by the
Town shall also be placed in an upright position and, in applicable circumstances, with
the lid securely closed.
CONTAINER REGULATIONS FOR RESIDUAL WASTE:
12) No person shall place, or cause to be placed, residual waste out for collection in any
container other than a "regulation container" which is one which meets the following
specifications:
Bag Container Specifications:
a) Each bag shall be watertight, securely tied and of transparent clear plastic or
transparent blue plastic;
b) Each bag shall be no smaller than 66 cm x 91 cm and no larger than 75 cm x 120
cm;
c) Each bag shall have an overall length of between 0.5 meters and 1.2 meters
when empty; and
d) Each bag, including contents, shall not exceed 25 kilograms (approx. 55
pounds) in weight.
Non-transparent Bag Container Specifications:
e) Each non-transparent bag shall be made of polyethylene opaque plastic, be
watertight and be securely tied;
f) Each bag shall be no smaller than 66 cm x 91 cm and no larger than 75 cm x 120
cm;
g)Each bag shall have an overall length of between 0.5 meters and 1.2 meters when
empty; and each bag, including contents, shall not exceed 25 kilograms (approx. 55
pounds) in weight.
Non-Bag Container Specifications:
h) Non-bag containers shall be made of metal, plastic or other impermeable
material;
i) Non-bag containers shall be watertight, secured with a cover, equipped with
handles in good repair and as large or larger at the top as they are at the bottom;
j) Non-bag containers shall not be filled above an imaginary line 5 cm below the
top of the container;
k) Each non-bag container, including contents, shall not exceed 25 kilograms
(approx. 55 pounds) in weight;
l) Each non-bag container shall not exceed 100 liters (approx. 105 quarts) in volume;
and
m) Non-bag containers shall be maintained in a neat and sanitary condition and
kept in good repair and shall not contain loose solid waste.
CONTAINER REGULATIONS FOR RECYCLABLES:
13) No person shall place, or caused to be placed, recyclables out for collection in any
container other than a "regulation container" which is one which meets the following
specifications:
Blue Bag Recyclables:
a) Each bag shall be watertight, securely tied and of transparent clear plastic;
b) Each bag shall also be no smaller than 25 cm x 40 cm and no larger than 75 cm
x 120 cm;
c) Each bag, including contents, shall not exceed 25 kilograms (approx. 55 pounds)
in weight; and
d) All recyclables must be clean.
Paper:
e) Shall be placed in a bag, securely tied.
f) Each bag shall be no smaller than 25 cm x 40 cm and no larger than 75 cm x 120
cm; and
Each bag, including contents, shall not exceed 25 kilograms (approx. 55 pounds) in
weight.
CONTAINER REGULATIONS FOR ORGANIC MATERIALS:
14) No person shall place, or cause to be placed, organic materials out for collection in
any container other than a "regulation container" in the form of a green cart.
15) No person shall place organic material or cause it to be placed out for collection in a
green bin or regulation container that is lined with any type of plastic or in a bag made of
any type of plastic including, without limitation, a plastic liner or plastic bag that is
claimed to be or sold as degradable, biodegradable, oxo-biodegradable, or compostable.
16) Notwithstanding the above, please see the special container requirements for leaf
and yard waste under PREPARATION of SPECIFIC WASTE below and specific controls on
natural Christmas trees under COLLECTION OF NATURAL CHRISTMAS TREES, inclusive.
COMMERCIAL CONTAINERS SPECIFICATIONS:
17) Commercial containers shall:
a) Be sturdily constructed of weather-proof material and shall be watertight;
b) Be inaccessible to pests, rodents, vermin, seagulls or animals;
c) 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;
d) Be kept in a clean manner;
e) Be kept in a state of good repair;
f) Have displayed thereon the name and telephone number of the owner of the
container and the type of material to be deposited therein;
g) Have displayed thereon the following message "GARBAGE" or "LANDFILL", where
institutional, commercial or industrial waste is to be deposited in the commercial
container;
h) Have displayed thereon the following message "RECYCLABLES", where blue
bag recyclables are to be deposited in the commercial container;
i) Have displayed thereon the following message "PAPER" or "CARDBOARD", where
fibre recyclables are to be deposited in the commercial container;
j) Have displayed thereon the following message "ORGANICS", where organic
materials are to be deposited in the commercial container.
PREPARATION OF SPECIFIC WASTES:
Leaf and Yard Waste
18) Leaf and yard waste may be deposited into a green cart so long as the cover of same
is completely closed.
19) Leaf and yard waste may also be deposited into heavy kraft paper bags.
20) Branches and limbs or brush, of a maximum length of 900 mm (approx. 3 feet) and
maximum individual diameter of 50 mm (2 inches) in diameter may be tied in
manageable bundles or inserted into bags as outlined above and outlined under
Collection of Leaf and Yard Waste later in this bylaw.
Bottles or Glassware
21) Broken bottles and glassware shall be sealed in a cardboard box or bucket or other
non-bag container and clearly identified- by noting, in large capital letters, on the outside
of the bundle the words "BROKEN GLASS" - a warning to collection personnel.
Ashes or Soot
22) Ashes or soot shall be completely cooled for a minimum of four (4) weeks, then
wetted down before depositing in the green cart or dampened down and placed in
paper bags rolled down and then deposited in a green cart.
Cardboard
23) Corrugated cardboard shall be flattened out and securely tied in convenient bundles
weighing no more than 25 kilograms each (approx. 55 pounds) and being a maximum of
900 mm by 600 mm (approx. 3 ft. by 2 ft.) in area and no more than 600mm (approx. 2 ft.)
thick.
Electronics
24) Electronics shall be placed for collection separately from other collectible wastes.
Electronics shall be placed carefully at the curbside to prevent damage to the electronic
and broken glass. Three (3) electronic items may be placed per eligible premises, per
collection.
Green Carts
25) Every owner or occupant shall provide sufficient and specified green carts for the
storage and disposal of organic waste generated from his or her premises and maintain
such green carts in good repair and sanitary condition.
26) To comply with the preceding section a green cart shall be:
a) of 140 litre or 240-litre capacity;
b) either of the aerated or ventilated type;
c) dark green in colour;
d) an MJSB approved brand and model; and
e) designed to be emptied by a hydraulic lifting device.
WASTE COLLECTION RESTRICTIONS
27) No person shall place, or cause to be placed, residual waste, green carts or
recyclables per any one eligible premises out for collection on any one collection day
the cumulative weight of which, including containers, exceeds 100 kilograms (approx.
222 lbs.).
28) No person shall place, or cause to be placed, residual waste and leaf and yard waste
per any one eligible premise out for collection on any one collection day which exceeds a
maximum combination of six (6) bags or bundles of which one may be a ) non-
transparent bag, one may be a green cart along with no more than two (2) bulky waste
items as defined herein.
REJECTION OF WASTE:
29) Any type of solid waste which has been set out for collection is subject to inspection
by the MJSB and any such solid waste found or deemed by same to be set out in
violation of the requirements of this by-law may be rejected and not collected.
30) Any solid waste which is so rejected will have placed on it a Rejection Sticker
indicating the reason or reasons for rejection and information as to how to rectify same or
get direction to rectify the problem.
31) Any rejected solid waste, as designated by a rejection sticker, shall remain the
property of the owner or occupier.
PROHIBITIONS SPECIFIC TO COLLECTIONS:
32) No person shall place, or cause to be placed, any collectible waste out for collection
before 8:00 P.M. of the day immediately preceding the day scheduled for collection.
33) No person shall place, or cause to be placed, any collectible waste out for collection
after 8:00 A.M. of the day scheduled for collection.
34) The two immediately preceding sections may be altered by written permission of the
Town of Mahone Bay.
35) No person shall permit any empty or rejected regulation container or any rejected
materials to remain at the collection placement spot after 12:00 noon of the day following
the day scheduled for collection.
36) No person shall place, or cause to be placed, any non-collectible waste out for
collection.
SPECIAL CONDITIONS FOR BULKY WASTE COLLECTION:
37) No person shall place, or cause to be placed, more than two (2) bulky waste items
out for collection on any one collection day. The bulky waste items can only be put
curbside on the week residual waste is collected.
a) Each individual item must not exceed 100 kgs (222 lbs) in weight; and
b) Each individual item must not exceed 1.8 m in any dimension;
SPECIAL COLLECTION OF SCRAP WOOD AND METAL:
38) No person shall place, or caused to be placed, scrap wood or metal out for collection
except on a day designated by the Town of Mahone Bay for special collection of same
and in accordance with the following restrictions:
a) An oil tank is eligible for this special collection only if it is from a residence, does not
exceed 760 litres (200 gallons) in capacity and has been cleaned and cut in half;
b) A refrigerator, freezer, dehumidifier or air conditioner shall display a sticker, issued
by the appropriate authority, indicating that any Freon, other refrigerant gas, coolant
or CFC has been removed and any refrigerator or freezer shall have its doors already
removed;
c) Such waste shall be packaged, bundled or boxed so as to facilitate removal and
handling;
d) Any sizable material shall be placed separately so as to allow for a dedicated
collection of salvageable materials;
e) Scrap wood and metal shall be placed separately for collection;
f) Each individual package, bundle or box shall not exceed 100 kgs (222 lbs) in weight;
and
g) Each individual package, bundle or box shall not exceed 1.8 m in any dimension.
39)No person shall place, or caused to be placed, any scrap wood or metal out for
collection on any one day the total of which exceeds a combined total volume of 2.0 m3.
40) No person shall place, or cause to be placed, any scrap wood or metal out for
collection prior to 8:00 P.M. of the day immediately preceding the day scheduled for
collection.
41) No person shall place, or cause to be placed, any scrap wood or metal out for
collection after 8:00 A.M. of the day designated by the Town of Mahone Bay for collection
of same.
42) No person shall permit any rejected or residue scrap wood or metal to remain at the
collection placement spot after 12:00 noon of the day immediately following the day
designated by the Town of Mahone Bay for collection of same.
SPECIAL COLLECTION OF LEAF AND YARD WASTE:
43) No person shall place, or cause to be placed leaf and yard waste out for special
collection except on a day designated by the Town of Mahone Bay or the special
collection of same and in accordance with the following restrictions:
a) such waste shall be contained in heavy kraft paper bags of a dimension no less
than 66 cm by 91 cm nor greater than 75 cm by 120 cm shall not exceed a weight
of 25 kg (55 lbs.);
b) bundled branches/limbs not exceeding 900 mm (3 ft.) in length with individual
limbs not exceeding 50 mm (2 inches) in diameter;
c) each bag or bundle shall not exceed a weight of 25 kg (55 lbs.); and
d) the total of such waste shall not exceed 2.0 m3 in total volume.
44) No person shall place, or cause to be placed, any leaf and yard waste out for special
collection prior to three (3) days before the day designated by the Town of Mahone Bay
for collection of same.
45) No person shall place, or cause to be placed, any leaf and yard waste out for special
collection after 8:00 A.M. of the day designated by the Town of Mahone Bay for collection
of same.
46) No person shall permit any rejected or residue leaf and yard waste to remain at the
collection placement spot after 12:00 noon of the day immediately following the day
designated by the Town of Mahone Bay for special collection of same.
COLLECTION OF NATURAL CHRISTMAS TREES:
47) No person shall place, or caused to be placed, a natural Christmas tree out for
collection except on a day designated by the Town of Mahone Bay for collection of same
and in accordance with the following restrictions:
a) It is to be unpackaged and undecorated, including the removal of all lights and
any tree stand;
b) It shall have no wires or nails attached; and
c) It must not exceed 3 m (approx. 10 ft.) in length.
48) No person shall place, or cause to be placed, any natural Christmas tree out for
collection before 8:00 P.M. of the day immediately preceding the day designated for
collection of same.
49) No person shall place, or cause to be placed, any natural Christmas tree out for
collection after 8:00 A.M. of the day designated for collection of same.
50) No person shall permit any rejected natural Christmas tree to remain at the
collection placement spot after 12:00 noon of the day immediately following the day
designated for collection of same.
RESPONSIBILITIES OF OWNERS and OCCUPANTS:
51) Every owner or occupant shall:
a) Ensure that collectible waste and bulky waste are placed for collection in
accordance with this by-law;
b) Use only regulation containers for the storing and placement for collection of
collectible waste;
c) Provide a sufficient number of regulation containers to contain all of the
collectible waste generated at the subject premises between regularly scheduled
collection dates;
d) Maintain such regulation containers in good repair and in a sanitary condition;
e) Take all reasonable measures to ensure that each regulation container is covered
and secured at all times except when being emptied or filled;
f) Clean up any type of collectible waste which has escaped from its container or
packaged, bundled or boxed waste - whether it be a regulation container or not;
g) If collectible waste is stored outside the main building on the eligible premises
it is to be stored in one or more secured regulation containers or an approved
storage bin - in either case made inaccessible to pests, rodents, vermin, seagulls or
animals;
h) Ensure that any approved storage bin serving that premise is maintained at all
times in a neat and sanitary condition and in good repair;
i) Store any waste refrigerator or freezer either inside an enclosed and locked
building or with the doors of the refrigerator or freezer removed;
j) Ensure the proper preparation of all collectible waste in accordance with this by-
law; and
k) Abide by all lawful directives of the Town, or designated agents with regard to
the handling of solid waste materials.
COMMERCIAL CONTAINERS:
52) The owner or occupier of any premises on which a commercial container is placed
shall keep each commercial container behind, or beside, the building which it serves so
as to reduce visibility from the street and adjacent properties.
53) Where the commercial container is placed on premises which are located in a
residential zone pursuant to the Town's Land Use By-law or adjacent to a property which
is zoned residential or contains a residential use, the owner or occupier of the premises
shall ensure that the commercial container shall be kept not less than 3 metres from the
adjacent property lines.
54) Where the owner or occupier of any premises is unable to comply with the
requirements of the two (2) preceding subsections because of the location of a building
on the premises, which building was in existence at the time of the adoption of this By-
law, the owner or occupier shall keep the commercial container at a location on the
premises which is considered by the Town - as evidenced in writing - to not be unsightly
and to cause neither a nuisance nor a health related problem.
55) The owner or occupier of a premises where a temporary commercial container is
being used during construction or repair work need not comply with the full range of
Specifications outlined earlier in this bylaw, however, shall be subject to the following
requirements:
a) No solid waste shall extend beyond the internal volume of the container;
b) The temporary commercial container shall be removed immediately upon
completion of the construction or repair work; and
c) The temporary commercial container shall be emptied as often as required to
avoid over-filling of the same;
56) An owner or occupier of any premises on which a commercial container is located
shall not permit the commercial container to be loaded other than uniformly and shall
ensure that no solid waste extends beyond the internal volume of the container.
57) An owner or occupier of any premises on which a commercial container is located:
a) Shall place same only on a surface which is hard, level and weather-resistant;
b) Shall keep the area surrounding the container free from litter and waste; and
c) Shall cause the container to be emptied on a regular basis, as required.
58) Where a person proposes to locate a temporary commercial container within the
right of way of a public street in the Town, that person shall submit a written request for
doing so, to the Town, outlining the exact proposed location and the estimated time that
the container will be required to be there and any other details as requested by the Town
and must receive written permission from same, outlining the exact location to be used,
and other salient details, prior to so locating a commercial container.
HAULERS:
59) All private collections of solid waste shall be undertaken in compliance with relevant
Federal/Provincial/Municipal statutes and regulations.
60) All owners/operators of all private collection vehicles shall ensure that the vehicle:
a) Is maintained in good condition and be properly manned and equipped to
ensure safe collection of solid waste;
b) Complies with the Motor Vehicle Act and any other regulations or legislation in
effect from time to time;
c) Is designed so as to prevent any contents (including liquids) from falling out,
being spilled, or scattering from the vehicle whether in motion or not;
d) Is used in the collection of more than one type of waste, be constructed to
prevent cross-contamination between the various waste streams;
e) Be equipped with a tailgate or other restraining device; and
f) Is closed-in or equipped with a tarpaulin or equivalent cover device which shall
be used to cover solid waste while it is being transported.
61) The hauler shall ensure that All private collection of any solid waste is made directly to
the private collection vehicle from the premises where the same was generated.
62) All solid waste collected through private collections, and which is to be delivered to
the LRCRC, shall be in compliance with the Regulations promulgated by the operator of
the LRCRC regarding acceptance and receipt of solid waste at the LRCRC.
63) In the event of any spillage, the vehicle operator shall be responsible for the clean-up
which shall be undertaken immediately.
WASTE TO BE DISPOSED OF OR CAUSED TO BE DISPOSED OF BY OWNER OR
OCCUPANT
64) No person shall place the following products out for collection.
EXCESS PERMITTED QUANITIES
a) Any quantity of waste that exceeds the daily collection limits outlined in this bylaw.
ELECTRONICS:
b) Every owner or occupant shall deliver electronics to a recognized electronics
return collection facility in Nova Scotia for reuse or recycle, during times other than
the annual special electronic products collection.
HOUSEHOLD HAZARDOUS WASTE:
c) Every owner or occupant shall store any residentially-generated household
hazardous waste in a safe and secure manner and place and shall deliver same, as
soon as is reasonably possible, to the Household Hazardous Waste Depot ("HHW
Depot") at the LRCRC or an approved hazardous waste disposal site.
d) No person shall dispose of, or cause or permit the disposal of, household
hazardous waste at any location within the Town.
CONSTRUCTION OR DEMOLITION MATERIALS:
e) Every owner or occupant shall deliver or cause to be delivered any construction
or demolition materials to the appropriate area or site within the LRCRC or an
approved construction and demolition disposal site.
f) ROOF SHINGLES are considered to be construction or demolition material.
g) No person shall dispose of construction or demolition materials by stock-piling,
storing or any other method.
METAL ITEMS:
h) Unless otherwise permitted in this bylaw, every owner or occupant shall deliver
or cause to be delivered any metal items to the LRCRC site or to an approved metal
disposal site.
LUNENBURG REGIONAL COMMUNITY RECYCLING CENTRE:
65) The Town Council has designated, by resolution, the Lunenburg Regional
Community Recycling Centre ("LRCRC") as the receiving site for solid waste generated
by its residents - within the restrictions as set in this by-law and other restrictions as set
by the operator of LRCRC.
66) The operator or other authorized staff of the LRCRC may refuse to accept a load of
solid waste for the following reasons:
a) solid waste other than that which the LRCRC has been approved to accept; or
b) it is a load for which a tipping fee, whether set or negotiated, has not yet been
paid to the LRCRC; or
c) it is a load for which tipping fee payment arrangements satisfactory to the
operator or other LRCRC authorized staff have not yet been agreed to, reduced to
writing and signed by both parties.
67) No person shall dispose of, or cause or permit the disposal of, any type of solid waste
outside, around or adjacent to the LRCRC in the following circumstances:
a) when the LRCRC is not open and operational; or
b) after the operator or authorized staff of the LRCRC has refused to accept same.
68) All collection vehicles shall be equipped with a tailgate or other restraining device;
and be closed-in or equipped with a tarpaulin or equivalent cover device which shall be
used to cover solid waste while it is being transported from the LRCRC front gates to the
scale house.
LEGAL and ILLEGAL DISPOSAL:
69) With the exception of the placement of solid waste for collection in accordance with
this By- law, the delivery of electronics or household hazardous wastes to depots or
other disposals allowed for in this by-law, no person shall dispose of, or cause or permit
the disposal of, collectible waste, or non-collectible waste at any location or manner in
the Town except as follows:
a) backyard composting carried out in such a manner as to not constitute a
nuisance;
b) subject to Federal or Provincial law to the contrary, the disposal of waste
trees, brush or portions thereof or other organic farm or forestry waste on
privately-owned forest or farm land in such a manner as to not constitute a
nuisance;
c) subject to Federal or Provincial law or other Municipal By-laws to the
contrary, the disposal aggregate, soil, bricks, mortar, concrete, asphalt pavement,
porcelain or ceramic materials as fill in such a manner as to not constitute a
nuisance.
70) No person shall dispose of, or cause or permit the disposal of, any solid waste in an
approved storage bin unless that person is, or has the permission of, the owner of said
bin.
71) No person shall dispose of, or cause or permit the disposal of, any non-collectible
waste or rejected solid waste in, at or near an approved storage bin.
72) Proof that any type of solid waste, which was disposed of in contravention of this by-
law, originated from a particular person, from the residence of a particular person, from a
particular premises, or from a particular vehicle (as defined by the Motor Vehicle Act of
Nova Scotia), shall, in the absence of evidence convincing a court to the contrary, be
evidence sufficient for a court to infer that the said person - or the owner or current
occupant of said residence or premises- or the owner of the vehicle - was the person who
disposed of that solid waste, or a portion of same, or caused or permitted it to be
disposed of.
GENERAL PROHIBITIONS:
73) Where an owner or occupier properly places any authorized form of solid waste out
for collection by the Town's contractor the waste becomes the property of the Town
upon being picked up by the Town or the Town's contractor.
74) No person shall pick over, remove, collect, disturb or otherwise interfere with any type
of solid waste or regulation container which has been placed out for collection.
75) No person shall pick over, remove, collect, disturb or otherwise interfere with any type
of solid waste or regulation container which has been placed in an approved storage bin.
76) The prohibitions in the above three clauses do not apply to the following
circumstances:
a) removal by authorized personnel when acting on behalf of the Town;
b) wood items, appliances or furniture; bulky waste, plastic, and any other
materials placed out for collection but is useable by another person; or
c) leaf and yard waste placed out for Special Collection of Leaf and Yard Waste.
77) In the event of any removal, collecting or disturbing allowed by the preceding clause,
all remaining materials shall be left in an orderly condition and placed so as to not
interfere with pedestrian or vehicular traffic.
78) No person shall dispose of any type of solid waste by the burning of same.
79) No person shall place any solid waste generated from outside the Town for
collection at any place in town for collection.
EXPORT OF SOLID WASTE:
80) No person shall transport any type of solid waste generated within the Town to any
location other than the LRCRC site or outside the boundaries of the area served by the
LRCRC but for the following exceptions:
a) Construction or demolition materials to an approved C&D debris disposal site;
b) "Direct haul" of residual waste to Kaizer Meadow only when authorized by the
operator of LRCRC and/or the Town;
c) Recycle products such as metal items and white goods, designated plastic and
refundables which may be taken to an approved recycling depot and/or metal
recycling facility in Nova Scotia;
d) Electronics which may be taken to a recognized electronics return collection
facility in Nova Scotia; and
e) Any other special arrangement authorized in writing by the Town of Mahone
Bay.
ENFORCEMENT and PENALTIES:
Illegal Dumping;
81) Any person who disposes of, or permits the disposal of, any solid waste including
construction or demolition materials and/or residual waste other than in accordance
with this by-law is guilty of a summary offense and is liable, upon conviction, to a fine of
not less than One Thousand Dollars ($1000.00) and not more than Five Thousand Dollars
($5,000.00), and in default of payment to a term of imprisonment not to exceed ninety
(90) days.
Other Provisions;
82) Any person who violates any other provision of or permits any other thing to be done
in violation of, this by-law is guilty of a summary offense and is liable, upon conviction, to
the following in accordance with the MJSB's Solid Waste Enforcement Procedure.
a) for a first offense, a fine of not less than Two Hundred Dollars ($200.00) and not
more than One Thousand Dollars ($1,000.00) and in default of payment thereof to a
term of imprisonment not to exceed thirty (30) days;
b) for a second offense, a fine of not less than Three Hundred Dollars ($300.00) and
not more than Two Thousand Dollars ($2,000.00) and in default of payment thereof
to a term of imprisonment not to exceed sixty (60) days;
c) for each subsequent offense, a fine of not less than Five Hundred Dollars
($500.00) and not more than Five Thousand Dollars ($5,000.00) and in default of
payment thereof to a term of imprisonment not to exceed ninety (90) days.
83) Any person who obstructs or hinders any person in the performance of their duties
under this bylaw is guilty of a summary offense and is liable, upon conviction, to a fine of
not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars
($5,000.00), and in default of payment to a term of imprisonment not to exceed ninety
(90) days.
84) Where a person is convicted of an offence under this by-law and the court is satisfied
that, as a result of the commission of the offence, clean-up or site remediation costs were
incurred, whether by the MJSB or by a person, the Court may order the offender to pay, in
addition to all other fines and penalties, restitution to the MJSB or person in an amount
equal to the said clean-up or remediation costs.
85) Pursuant to the provisions of the Municipal Government Act, in addition to a fine
imposed or violation of this by-law a judge may order the imposition of a penalty in
relation to any fee, cost, toll, or charge associated with the conduct that gave rise to the
offence.
86) Pursuant to the provisions of the Municipal Government Act, in addition to a fine
imposed for violation of this by-law a judge may order compliance with this by-law within
a specified time.
87) Each day that a person commits any offence under this by-law constitutes a separate
offence.
88) Where a breach of this by-law is anticipated or is of a continuing nature, the MJSB
may, pursuant to the provisions of the Municipal Government Act, apply to a judge of the
Supreme Court of Nova Scotia for an injunction or other order and the judge may make
any order that the justice of the case requires.
ADMINISTRATIVE TICKETING:
89) In lieu of prosecution under this by-law the MJSB may issue to any person it believes,
upon reasonable grounds, has committed an offence under this by-law a Notice of
Alleged Violation allowing the person to whom it is directed to avoid possible prosecution
by means of the voluntary payment of a sum of money.
90) Any person who receives a Notice of Alleged Violation in relation to this by-law and
where the said Notice so provides, may pay a penalty in the amount of One Hundred
Dollars ($100.00) to the office of the MJSB provided that said payment is made within
fourteen (14) days of the date of issuance of the Notice and said payment shall be in full
satisfaction thereby releasing the person named from prosecution for the said alleged
violation.
91) Nothing in this by-law requires the MJSB to issue a Notice of Alleged Violation in lieu
of initiating a prosecution in relation to an alleged violation.
REPEAL:
92) All previous Solid Waste Management Bylaws and any amendments thereto, are
hereby repealed.
EFFECTIVE DATE
93) This Bylaw is effective November 1, 2022.
____________________
____________________
David Devenne, Mayor
Maureen Hughes, Clerk
This is to certify that the foregoing is a true copy of a bylaw passed at a duly convened
meeting of the Council of the Town of Mahone Bay, held the ____ day of ____________,
2022.
Given upon the hand of the Mayor and Chief Administrative Officer and the seal of the
Town of Mahone Bay this ____ day of __________, 2022.
Clerk's Notation
First Reading
March 24, 2022
Notice of Intent Publication
May 4, 2022; May 11, 2022
Second Reading
May 26, 2022
Ministerial Approval
N/A
Date of Publishing
May 30, 2022
Forwarded to the Minister
May 30, 2022
Posted on Town Website
May 30, 2022