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BYLAW
BE IT RESOLVED that the Council of the Town of Shelburne, under the authority
vested in it by the Municipal Government Act, S.N.S. 1998, c. 18, wishes to adopt the
following by-law:
A BY-LAW TO PROVIDE FOR THE PROPER SEPARATION, STORAGE, PLACEMENT FOR
PICK-UP, COLLECTION AND DISPOSAL OF ALL TYPES OF SOLID WASTE RESOURCES IN
THE TOWN OF SHELBURNE
SHORT TITLE:
1.
This By-law shall be known and may be cited as the Solid Waste By-law.
DEFINITIONS:
2. In this By-law:
a) "blue bag recyclables" means glass bottles, glass jars, cans (whether made of
aluminum, steel or tin), polyethylene plastic bottles, plastic containers, plastic
bags, milk and juice cartons, tetra packs, mini-sip containers and other items
as designated by Council from time to time;
b) "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;
c) "bulky items" means large items originating from a premises used as a residence
and includes, but is not limited to: vacuum cleaners, upholstered furniture,
mattresses, box springs, plastic barrels, and porcelain bathroom items such as
toilets;
d) "collectible waste" means those waste which are eligible for collection within the
volume and other restrictions elsewhere in this By-law, on regularly scheduled
collection days, including means organic materials, recyclable materials, and
residual waste and bulky items;
e) "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 whether or
not such other materials are regulated by the Province of Nova Scotia and whether
or not such material meets the definition of "C & D Debris" in the N.S.E. 1997
Guidelines for same;
TOWN OF SHELBURNE
SOLID WASTE BY-LAW
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f) "Council" or "council" means the Council of the Town of Shelburne;
g) "dispose" means any form of disposal whether temporary or permanent
including the following: dump, deposit, store, place, or bury regardless of whether
the material in question is dumped, deposited, stored or placed in a bin, box,
other container or other containment method;
h) "dwelling" means a building, or a unit in a building, occupied or intended to be
occupied as a home, residence or sleeping place by one or more persons but
does not include a hotel, motel, guesthouse or inn;
i) "eligible premises" means all properties within the Town with the exception of
certain restrictions placed on properties located on private roads as addressed
elsewhere in this by-law;
j) "Paper recyclables" means newspaper, magazines, corrugated cardboard,
telephone and other soft cover books, boxboard, envelopes (other than padded
or bubbled), egg cartons and other similar items as are designated by council from
time to time;
k) "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;
I) "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;
m) "leaf and yard waste" means grass clippings, leaves, brush, twigs, house and
garden plants, sawdust and wood shavings or other similar items;
n) "municipal collection" means carrying out by, or on behalf of, the Town of scheduled
collection of collectible waste from eligible premises;
o) "Town" or "town "means the Town of Shelburne;
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p) "non-collectible waste" means all material other than collectible waste
and, without limiting the generality of the foregoing, includes:
i.
highly combustible or explosive materials including, without limiting,
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 hypodermic needles 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;
v.
transient waste;
vi.
liquid waste or material that has attained a fluid consistency
and has not been drained;
vii.
soil, rock and stumps;
viii.
construction or demolition materials;
ix.
wood, wooden pallets, wooden barrels and wooden furniture;
x.
septic tank pumpings, raw sewage or industrial sludge;
xi.
radioactive materials;
xii.
industrial waste from factories or manufacturing processes;
xiii.
manure, kennel waste, excreta, fish processing waste;
xiv.
lead-acid automotive batteries and propane tanks;
xv.
waste which has been placed for municipal collection but not in accordance with
the provisions of this by-law; and
xvi.
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.
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q) "N.S.E." means Nova Scotia Environment or its successor provincial
department should there be a name change;
r) "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;
s) "organic materials" means food waste, leaf and yard waste, boxboard, soiled and
non-recyclable paper, ashes or soot, branches and bushes, bare and natural
Christmas trees and other material of plant or animal origin as designated by
Council from time to time;
t) "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;
u) "recyclable materials" means p a p e r recyclables, blue bag recyclables;
v) "residual waste" means the following:
i) broken bottles, crockery and glassware - subject to the restrictions
imposed elsewhere in this by-law;
ii) floor sweepings, pet litter, light bulbs, used disposable diapers, candy
wrappers, discarded clothing and furnishings, broken toys, mats and small
carpets, non-recyclable plastic and metal, non-recyclable packaging including
Styrofoam™, non-repairable household goods and other household waste;
and
iii) bulky items
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w) "soiled and non-recyclable paper" means napkins, paper towel & fast food wrappers,
wax paper, file folders, yellow & brown envelopes, wrapping paper, soiled pizza boxes,
paper plates and cups, damp and soiled newspaper and flyers, sugar, flour & potato
paper bags or other similar items;
x) "solid waste" means collectible waste, non-collectible waste, special waste,
construction or demolition materials, household hazardous waste, transient waste
and any other waste or discarded tangible personal property;
y) "special waste" means metals and white goods;
z) "transfer station" means the Construction and Demolition Materials Transfer
Station operated by the Town ;
i.
"transient waste" means waste material generated outside the Town ;
ii.
"unit" means a self-contained portion of a building occupied as a separate
residence;
iii.
"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.
iv.
"Communal storage" means a designated collection location, container, box or bin
where any person from more than one dwelling or eligible premises place solid waste
for municipal collection.
PACKAGING FOR MUNICIPAL COLLECTION:
3. No person shall place, or caused to be placed, organic materials out for
municipal collection in a container other than a green cart or other very similar
plastic container.
4. No person shall place, or caused to be placed, recyclable materials out for
municipal collection in a container other than a blue or clear plastic bag.
5. Notwithstanding the immediately preceding section, corrugated cardboard shall
be flattened out and secured in convenient bundles weighing no more than 20
kilograms each.
6. No person shall place, or caused to be placed, residual waste out for municipal
collection in a container other than a clear plastic bag.
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a. Each eligible premise is permitted to place one (1) opaque plastic bag, no larger than
55.58cm x 60.96cm (77L) into (1) clear bag for residual waste out for municipal collection
on each regularly scheduled collection day. (Reflects size of privacy bag).
PLACEMENT OF WASTE FOR MUNICIPAL COLLECTION:
7.
Every owner or occupant shall place collectible waste or special waste out for municipal
collection in a location at the end of the driveway servicing the premises from which the
collectible or special waste was generated or along the shoulder of the street, road or highway
which abuts the same premises and in the case of one sided collection in the safest most
accessible location nearest the same premises on the appropriate side of the street, road or
highway, in both cases, in a manner which does not obstruct pedestrian traffic, vehicular traffic
or snow removal operations on the said street, road or highway.
8. No person shall place recyclable or organic materials out for municipal collection,
if placed outside a collection bin, other than in a location as described in the
preceding clause and also unless separated from other collectible waste.
COLLECTIBLE WASTE - PREPARATION AND RESTRICTIONS:
9. No person shall place, or cause to be placed, any collectible waste out for
municipal collection on any one municipal collection day unless done so in
accordance with the following restrictions:
i.
broken bottles, crockery and glassware shall be tightly wrapped in
cardboard or other suitable material and clearly marked "GLASS" in
order to minimize risk of injury to municipal collection personnel;
ii.
ashes and soot shall be completely cooled; and
iii.
an oil tank, unless it is from a residence, must be completely empty and
shall not exceed 200 gallons in capacity
10. An owner or occupant may place, or cause to be placed, any number of blue bag
recyclables and paper recyclables eligible for municipal collection from eligible
premises.
a. Every owner or occupant shall place paper and boxboard into a separate bag from blue
bag recyclables for scheduled municipal collection. (Addition to reflect 2 bag recyclables)
11. No person shall place, or cause to be placed, any collectible waste out for
municipal collection before 12:00 noon of the day immediately preceding the day
schedule led for municipal collection.
12. Every owner or occupant shall place collectible waste out for collection by
7:00a.m. of the day scheduled for municipal collection.
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13. No person shall permit any empty or rejected container or any rejected materials to remain at
the municipal collection placement spot after 12:00 noon of the day immediately following the
day scheduled for municipal collection.
14. No person shall place, or cause to be placed, any non-collectible waste in, at or near the
locations described above as being appropriate for the placement of collectible waste for
municipal collection.
MUNICIPAL COLLECTION ZONES:
15. The Council may:
a. divide the Town into zones for the purpose of municipal collection
of collectible waste from eligible premises on various days of the
week;
b. designate a particular day of the week and frequency for municipal
collection of collectible waste in each zone;
c. alter the boundaries of zones as deemed necessary on reasonable
notice to the public; and
d. designate areas, streets, roads or collection zones where the
municipal collection of waste at roadside shall be one-side
collection only for the purposes of safety, efficiency and
accessibility.
MUNICIPAL COLLECTION DAYS:
16. Regularly-scheduled municipal collection of collectible waste from eligible premises
shall take place once every two (2) weeks commencing at 7:00 a.m.
17. When a regularly scheduled day for municipal collection falls on New Year's Day or
Christmas Day, there shall be no municipal collection on that day and the regularly
scheduled municipal collection of collectible waste will be rescheduled to an alternate
day which may be:
a) Saturday;
b) combined with another municipal collection day; or
c) A day in the week following or preceding the normal municipal
collection week.
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18. The schedule of exact dates for municipal collection of collectible waste in the various zones
may be published from time to time and circulated within the Municipality.
COLLECTION OF SPECIAL WASTE:
19. The Council may designate a day or days in the Spring, as well as a day or days in
the Fall, for municipal collection of special waste as defined in this by-law.
20. No person shall place a refrigerator, freezer, air conditioner or dehumidifier out for
municipal (we do not pick up these items, nor can we with our service provided)
21. No person shall place, or caused to be placed, other special waste out for
municipal collection except on a day designated by Council for the municipal
collection of same and in accordance with the following restrictions:
a) such special waste shall be packaged , bund led or boxed so as to
facilitate removal and handIing;
b) each individual package, bundle or box of such other special waste shall
not exceed 100 kgs in weight;
c) each individual package, bundle or box of such other special waste shall
not exceed 190 cm in any dimension; and
d) the total of such other special waste, per premises, placed out for
municipal collection on any one day shall not exceed 5.0 cu. m. in total volume.
22. No person shall place, or cause to be placed, any special waste out for
municipal collection before 12:00 noon of the day immediately preceding the day
designated by Council for municipal collection of same.
23. Every owner or occupant shall place special waste out for collection by 7:00 a.m. of
the day scheduled for special collection.
24. No person shall permit any rejected or residue special waste to remain at the
municipal collection placement spot after 12:00 noon of the day immediately
following the day designated by Council for municipal collection of same.
RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
25. Every owner or occupant shall:
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a) properly store all collectible waste generated at his or her premises between regularly scheduled
municipal collection dates;
b) take all reasonable measures to ensure green carts and similar plastic containers are kept in
good repair and in a sanitary condition;
c) take all reasonable measures to ensure that any solid waste container is covered and secured
at all times except when being emptied or filled;
d) clean up any type of solid waste which has escaped from its container;
e) store collectible waste outside the main building on the eligible premises in containers
which are inaccessible to pests, rodents, vermin, seagulls or animals;
f)
store any waste refrigerator or freezer either inside an enclosed and locked building or
with the doors of the refrigerator or freezer removed;
g) ensure the proper preparation of all collectible waste in accordance with this by- law; and
h) ensure that collectible waste or special waste is placed for municipal collection in accordance
with this by-law.
REJECTION OF WASTE:
26. Any type of solid waste which has been set out for municipal collection is subject to
inspection by the Town or its agents and any such solid waste found or deemed
by same to not be set out in accordance with the requirements of this by-law
may be rejected and not collected.
27. In the event that collectible waste or special waste is rejected for municipal
collection by the Town or its agents, a tag may be affixed to each such
container, bag or bundle indicating the reason or reasons for rejection and a
written record of such rejection, and the reasons therefore, may be kept by the
Town.
a) Any rejection of solid waste, as designated by a rejection sticker, shall remain the property of
the owner. (addition to clean up potential misinterpretation)
COLLECTION BINS
28. Outdoor or roadside box or bin is acceptable as for placement of collectible
waste provided it meets the following specifications:
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a. Constructed of wood or other material so as to be inaccessible to pests, rodents,
vermin, seagulls or animals
b. Affixed with a securely-hinged lid weighing not more than 12 kilograms;
c. Shall have a support to hold the lid open while the contents are being emptied;
d. Be maintained at all times in a neat and sanitary condition and kept in
good repair
29. White goods or other insulated boxes of any kind are not permitted to be used
as a collection bin
30. The placement of any collection bin shall meet the requirements for the proper
placement of collectible waste as outlined elsewhere in this by-law.
31. The area inside and surrounding any collection bin shall be kept in a neat and
clean condition free of any litter or non-collectable waste
PRIVATE ROADS:
32. Every person whose premises is located on a Private Road may be required to,
on the appropriate municipal collection day, transport all collectible waste
generated from that premises to a designated location on the shoulder of the
nearest public road and, in the case of one-sided collection, on the appropriate
shoulder of said public road; and in such a manner not to constitute a nuisance.
33. Notwithstanding the foregoing, the Town or its agent may, at certain times of
the year and depending on a variety of factors, including safety concerns and
accessibility, notify owners or occupants of premises located on a Private Road
that collection will take place in front of each individual premise, or certain of
them, for a period of time.
LEGAL AND ILLEGAL DISPOSALS:
34. Except for the placement of collectible waste for municipal collection in accordance
with this By-law, no person shall dispose of -or cause or permit the disposal of -
collectible waste, special 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;
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b) subject to any 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 any Federal or Provincial law or other Town By-laws to the contrary, the
disposal of aggregate, soil, bricks, mortar, concrete or asphalt pavement as fill in
such a manner as to not constitute a nuisance.
35. No person shall dispose of, or cause or permit the disposal of, construction or
demolition materials at any location in the Town except at the approved
Construction and Demolition Materials Transfer Station.
36. No person shall dispose of, or cause or permit the disposal of, household
hazardous waste at any location in the Town except at the approved Household
Hazardous Waste Depot.
37. Proof that any type of solid waste, which was disposed of in contravention of
this by-law, originated from a particular person, or from the residence of a
particular person, shall, in the absence of evidence sufficient to convince a court to
the contrary, be evidence sufficient for a court to infer that the said particular
person so disposed of that solid waste, or a portion of that solid waste, or caused
or permitted it to be disposed of.
HOUSEHOLD HAZARDOUS WASTE:
38. Every owner or occupant shall store any household hazardous waste generated
by same in a safe and secure manner and place and shall deliver same, as soon
as is reasonably possible, to the Household Hazardous Waste Depot.
39. No person shall dispose of, or cause or permit the disposal of, any type of
household hazardous waste in or adjacent to the Household Hazardous Waste
Depot after authorized staff of the HHW depot has refused to accept same.
40. No person shall dispose of, or cause or permit the disposal of, any type of
household hazardous waste in or adjacent to the Household Hazardous Waste
Depot when the HHW depot is not open and operational.
MUNICIPAL SOLID WASTE MANAGEMENT FACILITY:
41. The Construction and Demolition Materials Transfer Station operated by the
Town or, on behalf of the Town, is a Municipal Solid Waste Management Facility
and the operator or other authorized staff of same may refuse a load of solid
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waste:
a. which is comprised of, or contains, solid waste other than the type of solid
waste for which that facility has been designed; or
b. for which a tipping fee has not yet been set or negotiated with the
solid waste generator or collector; or
c.
for which a tipping fee has not yet been paid to the facility; or
d.
for which tipping fee payment arrangements -satisfactory to the Town
-have not yet been made.
42. No person shall dispose of, or cause or permit the disposal of, any type of
solid waste in or at the Construction and Demolition Materials Transfer Station
after authorized staff of the transfer station has refused to accept same.
43. No person shall dispose of, or cause or permit the disposal of, any type of
solid waste near or adjacent to the Construction and Demolition Materials Transfer
Station when the transfer station is not open and operational.
GENERAL PROHIBITIONS:
44. No person shall pick over, remove, collect, disturb or otherwise i interfere with
any type of solid waste or container.
45. The above prohibition does not apply to:
a. the person who placed the sol id waste or container either out for collection
or into the collection bin; or
b. Waste wood material, appliances or furniture and other reusable bulky items
which have not been secured inside a regulation container.
46. No person shall dispose of any type of solid waste by the burning of same except
for brush or tree limbs and only in such place and under such conditions as are
permitted by any applicable Provincial or Federal laws.
ENFORCEMENT AND PENALTIES
47. Any person who disposes of solid 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 Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars
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($5,000.00), and in default of payment to a term of imprisonment not to exceed
ninety (90) days.
48. Any person who violates any other provision of, or permits anything to be done
in violation of, this by-law is guilty of a summary offense and is liable, upon
conviction, to the following:
i. for a first offense, a fine of not less than One Hundred Dollars
($100.00) 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;
ii. for a second offense, a fine of not less than One Hundred Dollars
($100.00) 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;
iii. for each subsequent offense, a fine of not less than One Hundred
Dollars ($100.00) 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.
49. Any person who obstructs or hinders any person in the performance of their
duties under this by-law 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.
50. 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 the person to comply
with this by-law within a time period specified in the order.
51. Each day that a person commits any offence under this by-law constitutes a
separate offence.
52. Where a breach of this by-law is anticipated or is of a continuing nature, the
Town 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.
53. 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 Town or by a person, the
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Court may order the offender to pay, in addition to all other fines and penalties,
restitution to the Town or person in an amount equal to the said clean-up or
remediation costs.
ADMINISTRATIVE TICKETING:
54. In lieu of prosecution under this by-law the Town may, through its designated
employee or employees and in its sole discretion, issue to any person it believes,
upon reasonable grounds, has committed a 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.
55. 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
Fifty Dollars ($50.00) to the office of the Municipal Clerk provided that said
payment is made within fourteen (14) days of the date of issuance of the Notice
and said voluntary payment shall be in full satisfaction in relation to that
particular Notice and shall there by release the person named from prosecution
for that particular alleged violation.
56. The making of a voluntary payment pursuant to a Notice of Alleged Violation under
the preceding section does, in no way, relieve the alleged violator from
compliance with this by-law including clean-up of solid waste disposed of in
violation of this by-law.
57. Nothing in this by-law requires the Town to issue a Notice of Alleged Violation in
lieu of initiating a prosecution in relation to an alleged violation.
REPEAL:
The former Waste Disposal By-law, of the Town of Shelburne, is hereby repealed.
Date: June 17, 20
THIS IS TO CERTIFY that the foregoing is a true copy of a by-law passed at
A duly convened meeting of the Council of the Town of Shelburne, held
the 3rd day of September, 2024.
Sarah Mattatall
Chief Administrative Officer