Solid Waste Resource Collection and Disposal By-law S-088-24
Yarmouth, Nova Scotia
· adopted 2024-03-27
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MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
Page | 1
Solid Waste Resource Collection and Disposal By-law S-088-24
Part 1 Purpose
The intent of this By-law is to provide for and regulate a solid waste management program for the
Municipality of the District of Yarmouth.
Part 2 Definitions
In this By-law:
2.1
"administrator" means the person appointed by the Chief Administrative Officer of the
Municipality to administer this By-law, or their designate;
2.2
"adverse effect" means an effect that impairs or damages the environment, the health of
humans or the reasonable enjoyment of life or property;
2.3
"asbestos" means asbestos waste as defined in the Asbestos Waste Management
Regulations made under the Nova Scotia Environment Act, S.N.S. 1994-95, c.1, as
amended;
2.4
"authority" means Western Region Solid Waste Resource Management Authority also
known as Waste Check.
2.4.1 "General Manager or Manager" means the General Manager of Western Region
Solid Waste Resource Management Authority, the successor to such position, or
a person designated by the Manager to act in place of the Manager;
2.4.2 "Western Region or Region" means the Western Region Solid Waste Resource
Management Region as defined in the Nova Scotia Solid Waste Resource
Management Regulations;
2.5
"backyard composting" means the composting at a residential property of organic solid
waste, comprised of leaf and yard waste and food, but excluding meat, fish, eggs or dairy
products, where:
2.5.1 the waste is generated by the residents of the property or neighbouring properties
or both; and
2.5.2 the annual production of compost on any property lot does not exceed 10 cubic
meters.
2.6
"beverage" means any liquid that is a ready to serve drink, but does not include milk,
milk products, soya milk or concentrates as defined by the Nova Scotia Beverage
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
program;
2.7
"beverage container" means a container of five (5) liters or less which contains or has
contained a non-liquor beverage and was sealed by the manufacturer after the beverage
was placed in it;
2.8
"box board" means cereal boxes, show boxes, tissue boxes, detergent boxes, cracker
boxes, cookie boxes, baking product boxes and frozen food boxes or other similar items,
toilet paper rolls and paper towel rolls or other similar items;
2.9
"bulky item" means large items of a household nature including but not limited to
furniture, stoves, refrigerators, dishwashers, mattresses, bed springs, empty hot water
and oil tanks (cut in half), toys, bicycles and lawn furniture;
2.10
"Business" means any person, organization, or group engaged in a trade,
business, profession, occupation, calling, employment or purpose and, for the purposes
of Section 6.17, includes a person employed by, or operating on behalf of, a Business.
2.11
"CAO" mean the Chief Administrative Officer of the Municipality of Yarmouth;
2.12
"cart, green cart, or organics collection" cart means a cart supplied to eligible premises
by the Authority or Participating Member for the collection of organic materials;
2.13
"chlorofluorocarbons" means an ozone depleting substance that is required under the
Ozone Layer Depletion Regulations of the Province of Nova Scotia to be removed in a
controlled fashion to prevent its release into the environment, and is a substance found in
refrigeration and cooling units;
2.14
"clean wood" means wood materials that are not contaminated with other non-wood
materials (including paints, stains and adhesives), such as are dimensional lumber,
wooden chairs, fencing, etc.;
2.15
"collection contractors" means a collector that is under contract with the Municipality to
provide curbside collection services;
2.16
"collector" means an individual or company that collects and disposes of residual
garbage, recyclables or compostable material or combination thereof to designated
municipal solid waste management facilities;
2.17
"commercial container" means any container used for the storage of waste materials
on commercial properties for collection of solid waste;
2.18
"compostable material" or "compostable organics" or "organics" means food
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
scraps and spoiled or waste food or foodstuff including vegetable peelings, meat, fish,
eggs, bones, waste food products, wet and soiled paper products leaves and grass
clippings, branches and bushes that are one point two (1.2) meters or less in length and
two (2) centimeters or less in diameter, together with such other compostable materials
as may be identified in public education documents distributed by the Municipality and/or
authority from time to time;
2.19
"Compostable Product" means any non-food product made or described as
being biodegradable or compostable or other similar description.
2.20
"composting" means the biological decomposition or organic materials, substances or
objects under controlled circumstances to a condition sufficiently stable for nuisance-free
storage and for safe use in land applications as identified by the Nova Scotia
Environment's Solid Waste Management Resource Regulations;
2.21
"construction and demolition debris" (C&D) means materials which are normally used
in the construction of buildings, structures, roadways, walls and other landscaping
material, and includes, but is not limited to, soil, asphalt, brick, mortar, drywall, plaster,
cellulose, fiberglass fibers, gyproc, lumber, wood, asphalt shingles, and metals and such
other materials as may be permitted by applicable laws;
2.22
"contaminant" means a substance that causes or may cause an adverse effect;
2.23
"contaminated soil" means any soil which has been exposed to an organic or inorganic
contaminant in excess of standards prescribed or adopted by the Minister, and that has
caused, is causing, or may cause an adverse effect;
2.24
"Council" means the Council for the Municipality of Yarmouth;
2.25
"curb" means the three (3) meter (ten feet (10ft)) distance from the edge of the travelled
portion of a public street, road, or private road that meets the approval of the Municipality
for solid waste collection, but it does not include the ditch or sidewalk;
2.26
"dwelling or dwelling unit" means a self-contained portion of a building occupied as a
separate residence;
2.27
"eligible premises" means those properties within the jurisdiction of the Municipality of
Yarmouth, which are eligible for collection;
2.28
"Enforcement Officer" for the purposes of this By-law, the Enforcement Officer shall be
the By-Law Enforcement Officer of the Municipality of the District of Yarmouth, assigned
or appointed by the CAO;
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
2.29
"hazardous waste" means waste that may be harmful to humans, animals, plant life or
natural resources, including but not restricted to, industrial chemicals, explosive, toxic,
flammable, corrosive, radioactive, reactive, pathological and PCB waste, oil, gasoline,
paint solvent, wood preservatives, ink, battery acid, pesticides and insecticides or any
substance or material declared or defined to be a hazardous or toxic substance in or
pursuant to any applicable law;
2.30
"hospital and pharmaceutical waste" means waste generated at hospitals, clinics,
pharmacies, veterinary clinics, dentist offices and includes, but is not limited to used
needles, drugs, dressings, excluding pathological waste;
2.31
"household hazardous waste" means waste of a potentially hazardous nature typically
generated in residential households including but not restricted to solvents, glues,
cleaners, paints and finishes, asphalt sealers, gasoline, diesel, kerosene, pesticides, lawn
and garden chemicals, poisons, propane tanks, roofing tar, pool chemicals, lubricating oil,
batteries, and automotive fluids, but does not include PCB waste, radioactive materials,
explosives, fireworks, pathological wastes, or ammunition.
2.32
"industrial waste" means residual waste typically generated in the industrial,
commercial and institutional sector;
2.33
"Industrial/commercial/institutional waste or IC&I waste" means waste-resource
generated in the IC&I sector.
2.34
"Industrial/commercial/institutional waste premises (IC&I)" premises means a lot of
land occupied by one or more industrial, commercial, multi-unit apartment buildings with
four (4) or more units or institutional establishments;
2.35
"land" means surface land, land covered by water, subsoil, matter beneath the subsoil or
any combination or part thereof;
2.36
"leaf and yard waste" means vegetative matter resulting from gardening, horticulture,
landscaping or land clearing operations, including materials such as tree and shrub
trimmings, plant remains, grass clippings, leaves, trees and stumps, but excludes
construction and demolition debris or contaminated soil or any other organic material that
has been contaminated;
2.37 "litter" means any material left or abandoned in a place other than a container or place
intended or approved for receiving such material, including material that may, intentionally
or unintentionally, exit from a moving or stationary vehicle;
2.38 "Minister" means the Minister of Environment for the Province of Nova Scotia;
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
2.39
"multi-unit dwelling or multi-unit apartment building" means a residence that
contains more than one dwelling unit (i.e. Apartment buildings, etc.)
2.40
"municipal solid waste management facility" or "municipal resource management
facility" means a site identified by the Municipality for receiving, storing, sorting,
processing, transferring, or disposing of designated solid waste;
2.41 "Municipality" means the Municipality of Yarmouth;
2.42
"oil tanks" means residential oil tanks, cleaned and empty of all liquids to a maximum
size of nine hundred (900) liters;
2.43
"organics cart" or "green cart" means a wheeled cart designed to be emptied by
hydraulic lifting device and approved by the Municipality for the storage and municipal
collection of compostable materials;
2.44
"participating member" means any Municipal Unit that is a current member of the
Western Region Solid Waste-Resource Management Authority;
2.45
"pathological waste" means any part of the human body excepting hair, nail clippings
and the like, any part of a dead animal infected with a communicable disease, and non-
anatomical waste infected with a communicable disease;
2.46
"permanent waste-resource storage container" means any container used for the
storage of waste at roadside. It must be accessible to the collection contractors, and must
be weather-tight, animal proof, and constructed such that waste-resources remain in a
source separated condition;
2.47
"person" includes an individual or an incorporated body;
2.48
"public education documents" includes newspaper, radio and local television
advertisements, information posted to the Municipality's and/or Authority's website and
social media, and newsletters, pamphlets, flyers or other material circulated electronically
or by ordinary mail or delivery by or for the Municipality and/or the Authority or the
Minister;
2.49
"recyclables" means the following:
2.49.1 "blue bag recyclables" means newsprint, boxboard, egg cartons and other paper
products, redeemable beverage containers, milk cartons, glass bottles and jars
(not their lids), steel/tin food cans, aluminum cans, aluminum foil plates, trays and
wrap, plastic containers and bags (#1- #7), and/or other items designated by the
Authority or Participating Member from time to time.
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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2.49.2 "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, with plastics removed;
2.49.3 "fiber recyclables" means mixed paper, corrugated cardboard, newsprint,
magazines, catalogues, flyers, telephone books and egg cartons and other similar
items designated by the Authority from time to time;
2.50
"recyclable container materials" means redeemable beverage containers, steel, tin or
aluminum food containers or cans, glass food containers, jars and bottles, low density
polyethylene bags and packaging, high density bags, containers and packaging, polycoat
containers for milk, milk products, soya milk, concentrates or other liquids or powders,
tetrapacks together with such other plastic recyclable materials as may be identified in
public education documents distributed by the Municipality and the Authority from time to
time;
2.51
"recyclable material" means recyclable paper materials or recyclable container
materials as defined in this By-law;
2.52
"recyclable paper materials" means corrugated cardboard, egg cartons, box board,
newsprint, bond paper, computer paper, glossy flyers and magazines, together with such
other paper recyclable materials as may be identified in public education documents
distributed by the Municipality and the Authority from time to time;
2.53
"redeemable beverage container" means a beverage container for which a consumer
was required to pay a deposit;
2.54
"residual garbage" means waste other than:
2.54.1 recyclable material;
2.54.2 compostable materials;
2.54.3 leaf and yard waste; and
2.54.4 any other waste that is prohibited from disposal by way of municipal collection or
at a municipal solid waste management facility designated for residual garbage by
this By-law or by the Minister;
2.55
"sharps" means needles, syringes, lancets, auto injectors and infusion sets;
2.56
"soiled paper products" means dinner napkins, paper towels, fast food wrappers, wax
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
paper, wrapping paper, soiled pizza boxes, paper plates and cups, damp and soiled
newspaper and flyers, sugar, flour & potato paper bags or other similar items;
2.57
"solid waste" means residual garbage, recyclable material and compostable material, as
well as any other type of waste defined in this By-law and specifically referred to in this
By-law as permitted or prohibited for disposal at a municipal solid waste management
facility;
2.58
"source separated waste-resources" means waste resources which have been
separated "at source", i.e. at the point of generation into the four waste separation stream
to facilitate their reuse, recycling, composting or disposal:
2.58.1 recyclable paper materials;
2.58.2 recyclable container materials;
Decompostable materials
2.58.3 residual;
2.59
"tires" means tires that are not designated under the Province of Nova Scotia's tire
recycling program;
2.60
"waste" means any substance that would cause or tend to cause an adverse effect if
added to the environment, and includes garbage, recyclables, compostable material,
refuse, sludge, rubbish, tailings, debris, litter and other discarded materials resulting from
residential, commercial, institutional and industrial activities which are commonly
accepted at municipal solid waste resource management facilities, but excludes wastes
from industrial activities which are regulated by an approval issued by the Minister;
2.61
"waste diversion" means waste reduction, reuse, recycling or composting with the intent
of extending the useful life of materials and preventing their disposal in landfill;
2.62
"waste-resources" means all those materials managed by or on behalf of the
Municipality as recyclable, compostable, household hazardous waste, or residual waste;
Part 3 Authority and Regional By-Law
3.1
The Western Region Solid Waste-Resource Management Authority or Waste Check,
hereinafter referred to as the Authority, is a body corporate established pursuant to an
Inter-municipal Services Agreement to which this municipal unit is a party. The municipal
parties to that Agreement have given the Authority responsibility for the management of
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
solid waste-resources within their respective jurisdictions, pursuant to the Municipal
Government Act, S. 60 and the Solid Waste-Resource Management Regulations made
pursuant to the Environment Act;
3.2
Pursuant to the Inter-municipal Services Agreement among the members of the Authority
it is agreed to establish a Western Region Solid Waste-Resource Management Authority
By-law for the efficient and consistent execution of the Authority's mandate throughout
the Western Region. Accordingly, this bylaw may make necessary or incidental
references to places or facilities within the Western Region that are outside of the
geographical boundaries of this municipal unit and it is intended that any such references
in this bylaw be construed and applied in a manner consistent with the provincially-
mandated regional approach to solid waste-resource management;
3.3
The General Manager of the Authority is the chief administrator of the Authority and is
responsible to the Authority for the proper administration of its affairs in accordance with
provincial legislation and regulations and the policies and plans approved and established
by the Authority. The Manager or appointed delegate shall administer and enforce the
provision of this By-law.
Part 4 Evidentiary Burden
4.1
In the absence of evidence to the contrary, if any solid waste or waste which is deposited
or placed in contravention of this By-law bears thereon identifying information connecting
that waste to a person then that person shall be deemed to have deposited or placed the
offending solid waste or waste, or caused or permitted it to be so deposited or placed.
Part 5 Administration and Enforcement
5.1
The Chief Administrative Officer shall appoint an Administrator to administer this By-law;
5.2
the By-law Enforcement Officer(s) appointed by the Municipality shall enforce this By-law;
5.3
for the purpose of the administration of this By-law the administrator, By-law Enforcement
Officer(s), or an agent or employee of the Municipality may at any reasonable time enter
and inspect any land or premises, other than a dwelling or a room being used as a
dwelling to determine compliance with this By-law and policies made under this By-law,
including the right to inspect waste, residual waste and any storage facility;
5.4
the Administrator or the By-law Enforcement Officer(s) may, by a directive in writing direct
any person to do any act or thing in order to comply with the provisions of this By-law or
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
S-088-24
Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
any policy made pursuant to this By-law in the manner and within the time specified in the
written directive;
5.5
any written directive signed by the Administrator or By-law Enforcement Officer(s), is
effective if delivered personally to the person named in such directive or if sent by prepaid
post or facsimile or e-mail transmission to the most recent known address of the person
named and shall be deemed to have been received by such person, in the case of
facsimile or e-mail transmission on the day after it was sent and in the case of prepaid
post, on the third day after it was sent unless receipt of same is acknowledged;
5.6
it shall be an offence for any person to fail or refuse to comply with a written directive
signed by either the Administrator or By-law Enforcement Officer pursuant to this By-law.
Part 6 Disposal of Solid Waste
Every person shall dispose of solid waste in accordance with this By-law.
6.1
Material banned from disposal by Provincial Legislation
No person shall dispose of or cause the disposal of the following materials at any
approved solid waste-resource management facility, or deposit any such materials in a
storage area, storage container, or collection container, intended for residual waste
disposal in any landfill or incinerator:
6.1.1 redeemable beverage containers;
6.1.2 newsprint;
6.1.3 used tires (except as excluded from Provincial tire program);
6.1.4 corrugated cardboard;
6.1.5 waste paint;
6.1.6 steel/tin food containers;
6.1.7 high density polyethylene (HDPE #2) - plastic beverage containers, food
containers, detergent containers, shampoo containers, crates, boxes, pails and
lids, windshield washer containers, non-hazardous household cleaners containers
(not including pesticide and petroleum containers);
6.1.8 low density polyethylene (LDPE #4) - industrial/commercial/institutional stretch
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
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Effective Date:
March 27, 2024
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Solid Waste Resource Collection and Disposal By-law S-088-24
wrap (pallet wrap);
6.1.9 compostable organics
6.1.10 any other materials which may be added to this list from time to time by the
Province of Nova Scotia;
6.1.11 household hazardous waste as described in Section 2.29 of this By-law.
6.2
Material banned from disposal by Authority
No person shall dispose of any material (whether similar or dissimilar to any of the
foregoing) that has been banned from disposal in a landfill or incinerator by order of the
Authority. Posting of a list of such banned material shall constitute due and sufficient
notice of the Authority's order for all purposes.
6.3
Flow control
6.3.1 No person shall export or remove residual waste, construction and demolition
waste, or unsorted solid waste generated within the Municipality outside the
boundaries of the Western Region;
6.3.2 Notwithstanding Subsection 6.3.1 the Municipality may export residual waste,
construction and demolition or unsorted solid waste to approved facilities outside
the boundaries of the Western Region.
6.4
No illegal dumping
6.4.1 Except for the placement of solid waste for collection in accordance with this By-
law, no person shall deposit, cause to be deposited or permit to be deposited solid
waste at any place in the Municipality other than at an approved solid waste
management facility designated for the applicable type of solid waste, or at any
other site authorized by the Municipality or approved for the purpose by the
Minister;
6.4.2 No person shall place solid waste for collection on a property other than a
property owned or occupied by that person or in respect of which the person has
obtained the consent of the owner or occupier for that purpose;
6.4.3 Notwithstanding Subsection 6.4.1 the following depositing activities are
permissible:
6.4.3.1 backyard composting, provided that:
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
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Effective Date:
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a)
the composting container or pile is not located within ten (10)
meters of any window or door of a structure on an adjacent
property; and
b)
the activity is carried out in such manner as not to constitute a
nuisance.
6.4.3.2 the concentrated disposal of trees, brush or portions thereof or other farm
or forestry waste by decay on forest or farm land, provided this activity is
carried out in compliance with all applicable laws of the Province of Nova
Scotia; and
6.4.3.3 the nuisance-free disposal of aggregate, soil, bricks, mortar, concrete,
asphalt pavement, porcelain or ceramic materials as clean fill, provided
this activity is carried out in compliance with all applicable laws of the
Province of Nova Scotia.
6.5
No salvaging
No person shall:
6.5.1 pick up, remove, disturb or otherwise interfere with solid waste placed at the curb
for collection by the Municipality (or by a collector), except as authorized by the
Municipality.
6.6
Ownership of solid waste
Solid waste lawfully placed at the curb is owned by the Municipality.
6.7
No solid waste burning
No person shall burn solid waste in a barrel, stove or other device or in the open as a
method of waste disposal, except for brush, tree limbs and milled wood that is free from
adhesives, coatings and preservatives, but only where such burning of brush, tree limbs
and milled wood is otherwise permitted by law.
6.8
Litter abatement
6.8.1 As per provincial regulations, no person shall release or cause litter to be released
into the environment, except in accordance with this By-law.
6.9
Disposal at municipal solid waste management facilities
MUNICIPALITY OF THE DISTRICT OF YARMOUTH
Solid Waste Resource Collection
and Disposal By-law
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Effective Date:
March 27, 2024
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6.9.1 No person shall place, cause to be placed or permit to be placed at, in or on a
municipal solid waste management facility any material or quantity of material in
contravention of:
6.9.1.1 this By-law or any policy of the Municipality or Authority concerning the
use of a municipal solid waste management facility, including but not
restricted to waste diversion policies requiring the diversion of particular
types or quantities of solid waste from particular types of municipal solid
waste management facility;
6.9.1.2 the direction of the operator or staff of a municipal solid waste
management facility with respect to the type, method, volume, weighing,
measuring, time, location or any other conditions for the placement of
solid waste; and
6.9.1.3 any federal or provincial law, including any law requiring the diversion of
particular types or quantities of solid waste from particular types of solid
waste management facilities.
6.9.2 No person shall place, cause to be placed or permit to be placed any solid waste
at or adjacent to a municipal solid waste management facility when the facility is
not open or when the operator or staff of the municipal solid waste management
facility refuses to accept any loads or items of solid waste;
6.9.3 The operator or staff at a municipal solid waste management facility may refuse
solid waste under the following circumstances:
6.9.3.1 where the municipal solid waste management facility is not designated
for the type of solid waste a person is attempting to place;
6.9.3.2 where a requisite tipping fee has not been paid;
6.9.3.3 where the source of the solid waste is not identified;
6.9.3.4 where the source of the solid waste is outside the boundaries of the
Municipality;
6.9.3.5 where the facility is unable to weigh, measure or process the solid waste
for any reason, including but not restricted to excessive inventory of solid
waste or shortage of space, mechanical or electrical break down or
labour dispute;
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and Disposal By-law
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Effective Date:
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6.9.3.6 where the operation of the solid waste management facility would be
compromised by the placement of the solid waste; or
6.9.3.7 where the solid waste would be placed in contravention of this By-law,
any law of the Province of Nova Scotia and of the Government of
Canada.
6.9.4 No person shall place, cause to be placed or permit to be placed in a municipal
solid waste management facility any solid waste:
6.9.4.1 that is not separated as required by this By-law;
6.9.4.2 that is falsely or misleadingly presented or packaged as solid waste of a
particular origin; or
6.9.4.3 that is concealed within or inter-mingled with solid waste of another kind,
type, stream or place of origin;
6.9.4.4 for greater certainty, solid waste that is:
a)
not permitted to be placed for collection or to be delivered to a
municipal solid waste management facility pursuant to this By-law;
or
b)
generated outside the Municipality may not be disposed of at a
municipal solid waste management facility except where the
Municipality or the operator of a municipal solid waste management
facility has given a person written approval to do so in advance.
6.10
No accumulation of solid waste
6.10.1 No owner or occupant of a property in the Municipality shall permit the
accumulation of solid waste in or around the property to the extent that it is or is
likely to become a nuisance or cause an adverse effect;
6.10.2 where an owner or occupant permits the accumulation of solid waste contrary to
Subsection 6.10.1, the Administrator may enter the property to collect and dispose
of the accumulated solid waste, the expense of which will be charged to the owner
or occupant who has contravened Subsection 6.10.1;
6.10.3 for greater clarity, the Administrator may enter the property to collect and dispose
of any uncollected solid waste scattered by animals, pests or weather that an
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Effective Date:
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owner or occupant fails to remove pursuant 6.14.1.5 of this By-law, the expense
of which will be charged to the owner or occupant.
6.11
Municipal collection
6.11.1 Owners and occupants of every property in the Municipality that is subject to
municipal collection shall ensure that all solid waste is properly stored and placed
for collection and disposal;
6.11.2 Council may provide for general municipal collection of solid waste by its own
employees or by a contractor in some or all areas of the Municipality;
6.11.3 without limiting the generality of Subsection 6.11.1, Council may, at its discretion,
use different classifications for municipal collection of solid waste, including
different classifications of collection services and different classifications of waste
generators;
6.11.4 without limiting the generality of Subsection 6.11.1 and 6.11.2, Council may, at its
discretion, limit collection to:
6.11.4.1
particular types of solid waste;
6.11.4.2
properties containing not more than a specified number of residential
households;
6.11.4.3
properties which are seasonal; and
6.11.4.4
properties generating industrial waste of a particular type or size or
generating not more than a specified volume of solid waste.
6.11.5 owners and occupants of every property in the Municipality that is not made
subject to municipal collection are responsible for providing for the lawful
collection and disposal of all solid waste in accordance with this By-law, and for
paying any associated collection, disposal or tipping fees;
6.11.6 for greater certainty, owners and occupiers of every property in the Municipality
that is not made subject to municipal collection are responsible for separating
solid waste in accordance with this By-law;
6.11.7 the Municipality may contract with owners and occupiers whose properties are
ineligible for municipal collection pursuant to this By-law, to provide collection of
their solid waste;
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6.11.8 the limitations and restrictions in this By-law applicable to general municipal
collection shall apply to the owners and occupiers in Subsection 6.11.1, except to
the extent that those limitations or restrictions are expressly varied in any contract
reached between the Municipality and the owner or occupier pursuant to
Subsection 6.11.1.
6.12
Special collections
6.12.1 Council may, at its discretion,
6.12.1.1 provide for special municipal solid waste collections on an occasional
basis; or
6.12.1.2 provide for municipal collection from a drop-off site of particular types of
solid waste, such as discarded Christmas trees, bulky items not eligible
for regular municipal collection, leaf and yard waste, household
hazardous waste or other specified solid waste.
6.12.2 when providing for special collections pursuant to Subsection 6.12.1, Council may
limit such special collection to:
6.12.2.1 particular areas of the Municipality;
6.12.2.2 properties containing not more than a specified number of residential
households; or
6.12.2.3 properties generating industrial waste of a particular type or size or
generating not more than a specified volume of solid waste.
6.13
Separation and storage
6.13.1 Owners and occupants of every property in the Municipality shall separate solid
waste at the time and place of generation into the following streams:
6.13.1.1 compostable material;
6.13.1.2 recyclable container materials;
6.13.1.3 recyclable paper materials;
6.13.1.4 residual garbage;
6.13.1.5 construction and demolition debris;
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6.13.1.6 contaminated soil;
6.13.1.7 asbestos;
6.13.1.8
solid waste of any type which is not acceptable for municipal collection
or accepted at a municipal solid waste management facility, each such
type separated in its own stream; and
6.13.1.9
solid waste of any type which is only accepted on the occasion of
special collections, or by contract or by express approval in advance of
the operator of a municipal solid waste management facility, each such
type separated in its own stream
6.13.2 owners and occupants of every property in the Municipality shall take positive
steps to ensure that all solid waste separated in accordance with Subsection
6.13.1 remains separated and uncontaminated by any other type of solid waste;
6.13.3 for greater certainty, the obligations to separate and maintain separation of solid
waste in Subsections 6.13.1 and 6.13.2 extend to owners, management and staff
of restaurants, stores, parks, campgrounds, on public streets and other
establishments serving the public, which must also provide containers to facilitate
separation and non-contamination of solid waste streams by owners,
management, staff and clientele as appropriate for the type of establishment;
6.13.4 subject to Subsection 6.13.1, residual garbage may include compostable or
recyclable materials to the extent that separation of compostable and recyclable
material was not reasonably possible because of:
6.13.4.1
the fusing or bonding together of materials in the state in which the
waste was received; or
6.13.4.2
the reasonable cross-contamination of materials in the ordinary course
of use, if such contamination is unavoidable even by the exercise of
due diligence.
6.13.5 owners and occupants of every property in the Municipality shall provide sufficient
and adequate space and containers for the storage, collection and disposal of any
solid waste which may accumulate from time to time on the property;
6.13.6 without limiting the generality of Subsection 6.13.5, owners and occupants of
every property in the Municipality shall provide space and containers in
accordance with the following provisions:
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6.13.6.1
compostable material shall be stored in organics carts or in other
containers that are water-proof, impervious to domestic and wild
animals and rodents and designed to avoid the entrapment any
person, and such organics cart or container shall be placed or kept as
far as possible from any window or door situated on an abutting or
adjacent property, but preferably at a distance of at least 10 meters;
and
6.13.6.2
recyclable materials and residual garbage shall be stored inside
buildings or in containers that are:
a) water-proof and impervious to domestic and wild animals and
rodents and designed to avoid the entrapment of persons;
b) capable of accommodating the quantities of source-separated
waste resources generated between collections at that location;
c) designed and constructed such that waste resources remain in a
source-separated condition;
d) easily accessible to the occupants;
e) safe for its intended uses;
f) in cases where Authority or Participating Member collection is
provided at the storage location, accessible to the Authority or
Participating Member collection truck within 5 meters of the loading
hoper;
6.13.7 no person shall permit the spillage, blowing or scattering of wastes within the
Municipality;
6.13.8 owners and occupants of every property in the Municipality which is eligible for
municipal collection of solid waste are responsible for keeping all containers in a
clean and useable state and to ensure that they are maintained so as to not
become a nuisance;
6.13.9 ICI and multi-unit residential bulk commercial containers used for the collection or
storage of solid waste:
6.13.9.1 shall be sturdily constructed, water-proof and impervious to domestic
and wild animals and rodents;
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6.13.9.2 shall be designed to avoid the entrapment of all persons;
6.13.9.3 shall be accessible to the occupants and safe for its intended users;
6.13.9.4 shall be equipped with a tight-fitting lid with a locking device which shall
be kept closed except when the container is being loaded or unloaded;
6.13.9.5 shall be kept clean and in good state of repair;
6.13.9.6 shall not be loaded in a manner which permits waste to extend beyond
the internal volume of the container when the lid is closed;
6.13.9.7 shall be labeled for the purpose of identifying what materials the
container contains;
6.13.9.8 shall have sufficient space or sectioning to store solid waste separated in
accordance with the provisions of this By-law in such a manner that can
ensure that separated solid waste remains separated and
uncontaminated by other types of solid waste;
6.13.9.9 shall be accessible within 5 meters of the collection vehicle loading
hopper;
6.13.10 Owners and occupants of premises serviced by a bulk commercial container
shall:
6.13.10.1 keep the area surrounding the container free from any type of waste;
and
6.13.10.2 provide instruction to any tenants, visitors or employees to ensure
proper separation and disposal;
6.13.11 Any solid waste that is a bulky item that has a door, lid or other apparatus that
enables the bulky item to be closed, including but not limited to refrigerators and
freezers, shall either be stored inside an enclosed, locked or child-proof building
or shall have their door, lid or other closing apparatus removed from the bulky
item;
6.13.12 Where a person wishes to dispose of solid waste containing
chlorofluorocarbons, that person must:
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6.13.12.1 safely deliver the solid waste to the Municipality's facility designated
to deal with chlorofluorocarbons to have the chlorofluorocarbons
removed by a certified technician; or
6.13.12.2 arrange to have the chlorofluorocarbons removed by a certified
technician and accordingly labelled by the certified technician in
accordance with the Ozone Layer Protection Regulations of the Nova
Scotia Environment Act, and safely deliver that solid waste to the
Municipality's facility designated to deal with chlorofluorocarbons.
6.14
Rules for municipal collection
6.14.1 Except as authorized by the Municipality from time to time, including but not
restricted to public education documents published in connection with special
collection days, persons placing solid waste for municipal collection shall comply
with the following:
6.14.1.1
solid waste shall be placed for collection on the curb directly in front of
the property that is the source of the solid waste, and shall be placed in
such a manner as to interfere as little as possible with pedestrian traffic
and snow removal, the distance shall not exceed 5 meters from the
edge of the travelled portion of the roadway;
6.14.1.2
solid waste shall be placed for collection by 7:00 a.m. on the day of
collection;
6.14.1.3
solid waste shall not be placed for collection more than one (1) day
before the collection date for that property and for the appropriate type
or stream of solid waste;
6.14.1.4
notwithstanding Subsection 6.14.1.2 and 6.14.1.3 during special
collections, materials for roadside collection shall be set out no earlier
than seven (7) days prior to a special collection;
6.14.1.5
uncollected solid waste and any solid waste scattered by animals,
pests or weather shall be removed by the owner or occupant of the
property from which that solid waste was placed for collection not later
than 9:00 p.m. on the collection date of that property;
6.14.1.6
residual waste collection containers and organic collection carts shall
be removed from the roadside by the end of collection day, except in
the case of permanent waste-resource storage containers. Permanent
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waste-resource storage containers shall comply with this By-law.
Organics collection carts shall be removed from roadside and stored
on premises. The cart shall be secured to prevent it from being blown
into the roadway;
6.14.1.7
residual garbage shall be placed for collection in securely tied, clear,
transparent, plastic, water-proof bags and shall not exceed a weight of
fifteen (15) kilograms per bag. Not more than five (5) bags containing
residual garbage shall be placed for collection on any one collection
day;
6.14.1.8
residual garbage placed pursuant to Subsection 6.14.1.7 must be
placed in transparent bags as required by subsection 6.14.1.7. The
Municipality reserves the right to grant written variances to this limit in
accordance to the Variance Policy approved by the Board of Waste
Check;
6.14.1.9
recyclable materials shall be placed for collection in securely tied, blue
tinted or clear, plastic, water-proof bags with separate blue bags for
recyclable paper materials and recyclable container materials and shall
not exceed a weight of fifteen (15) kilograms per bag. In the case of
corrugated cardboard, bundles or packages, flattened and securely
tied weighing no more than twenty (20) kilograms and measuring no
more than sixty (60) cm by sixty (60) cm;
6.14.1.10 not more than five (5) bags and/or containers containing bags of
recyclable materials shall be placed for collection on any one collection
day;
6.14.1.11 residual garbage and recyclable material may be placed for collection
in waste collection boxes located on the curb, provided that:
a) all residual garbage and recyclable material are properly bagged as
required by this By-law;
b) the box is impervious to domestic and wild animals, rodents,
insects, and is designed to avoid the entrapment of persons;
c) the box has a securely hinged lid or lids;
d) the box has a support to hold the lid open while the contents are
being emptied;
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e) the box is not buried by snow and ice to the extent that it cannot be
collected in a safe manner by the collector;
f) the solid waste is placed within the box in accordance with all other
requirements of this section, including separation of solid waste
streams and placement in specified bags;
g) compostable material and organics shall be placed for collection in
organics carts containing a load weight of no more than one
hundred (100) kilograms, bundles of brush securely tied and
weighing no more than fifteen (15) kilograms with no individual
pieces of material greater than five (5) cm in diameter or longer
than one point two (1.2) m;
h) compostable material and organics may not be placed in plastic
biodegradable bags;
i) bulky items placed for collection as authorized for municipal
collection by the Municipality shall not exceed twenty-five (25)
kilograms in weight for any one bundle or container and not exceed
1 cubic meter in size, with the exception of furniture or appliance
items, and shall not exceed three hundred twenty-five (325)
kilograms for all bulky items for any one residential unit; and
j) when bulky items are authorized for municipal collection by the
Municipality, no more than one of each type of appliance is
permitted per collection.
6.14.1.12 persons may only place solid waste for collection on the curb directly in
front of the property that generated the solid waste where possible and
unless otherwise directed by the Municipal unit;
6.14.1.13 in the case of multi-unit apartment buildings the owner shall provide a
storage enclosure for source separated waste resources in an easily
accessible location on the building's property meeting applicable
municipal requirements. The Municipality's collector will collect waste
resources providing it is accessible when the truck arrives. If the
storage enclosure is not accessible to the collection truck, all materials
shall be placed at road side for collection;
6.14.1.14 collection will only take place on public streets and roads or private
roads that are maintained by Nova Scotia Public Works (NSPW), or
the Municipality. For all other roads the source separated waste
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resources must be brought to the nearest intersection with a public
street or road and placed in accordance to this By-law for collection, or
to a drop off depot provided by the Municipality.
6.15
Solid waste not permitted for Municipal collection
6.15.1 Except where authorized by the Municipality, no person shall place for collection:
6.15.1.1
hazardous waste;
6.15.1.2
sharps;
6.15.1.3
pathological waste;
6.15.1.4
hospital and pharmaceutical waste;
6.15.1.5
asbestos;
6.15.1.6
septic waste;
6.15.1.7
hot ashes;
6.15.1.8
dead animal carcasses larger than ten (10) kg;
6.15.1.9
industrial waste, including non-residential, farm, forestry or fishing
waste;
6.15.1.10 materials that are prohibited from disposal by municipal collection by
the laws of the Province of Nova Scotia;
6.15.1.11 solid waste generated outside the Municipality;
6.15.1.12 construction and demolition debris that exceeds the dimensions or
weight allowable for bulky item collection by the provisions of this By-
law; and
6.15.1.13 other materials or solid waste as may be identified as unacceptable for
municipal collection by the Municipality, including but not restricted to
identification in public education documents distributed by the
Municipality from time to time.
6.16
Inspection and rejection guidelines
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6.16.1 Waste-resources set out for collection shall be subject to inspection by the
collection contractor or by the Administrator, By-law Enforcement Officer(s) or an
agent, or employee of the Municipality. Waste-resources found not to be source-
separated according to this By-law may be rejected and not collected;
6.16.2 All loads of waste-resources entering a Municipal Solid Waste Management
Facility are subject to inspection and enforcement action by the facility
operator/staff, the Administrator, and/or By-law Enforcement Officer(s) to ensure
compliance with this By-law.
6.17
Prohibition on Sale of Plastic Compostable Products
6.17.1 No business shall offer for sale or otherwise provide to any customer of the
business a plastic compostable product without first obtaining a permit from the
Municipality to do so.
Part 7 Owner and occupant responsibilities for waste resource management
The responsibility for the management of Waste-resources in Industrial, Commercial &
Institutional (IC&I) premises and Multi-Unit Dwellings is shared by the property owner and the
occupant as follows:
7.1
Property owner's responsibilities
7.1.1 The property owner shall:
7.1.1.1 provide waste-resource storage as set out in section 5.13;
7.1.1.2 in cases where storage is inaccessible to the collection truck as
prescribed in Section 6.13, ensure that waste-resources are set at
roadside by 7:00 a.m. for collection-on-collection day;
7.1.1.3 maintain waste-resource storage in a clean and tidy condition at all
times, both inside and outside, including the immediate surroundings;
7.1.1.4 ensure that collection containers and uncollected waste-resources,
including litter produced from set-out waste-resources by pests, weather
conditions, or otherwise, are removed from roadside by the end of
collection day; and
7.1.1.5 abide by all directives of the By-law Enforcement Officer with regards to
the handling of waste-resources.
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7.2
Occupant's responsibilities
7.2.1 The occupant shall:
7.2.1.1 sort all waste-resources generated in the occupant's unit as provided in
Part 6 of this By-law;
7.2.1.2 between collections, place sorted materials in the storage provided by the
property owner; and
7.2.1.3 abide by all directives of the By-law Enforcement Officer with regards to
the handling and sorting of waste-resources.
Part 8 Industrial, Commercial & Institutional (IC&I) or Construction and Demolition
Waste-Resources
8.1
In Industrial, Commercial & Institutional (IC&I) Waste-Resource
8.1.1 The property owner or occupant of premises which generate the following waste
resources shall either personally or by employees, contractors or agents, and in
compliance with all applicable Federal, Provincial, and Municipal laws, promptly
remove and dispose of such waste:
8.1.1.1 All waste generated by any industrial, commercial or institutional (IC&I)
premises, facility or operation, not eligible for Municipal collection
pursuant to this By-law;
8.2
Commercial containers
8.2.1 Any person who supplies and/or uses a commercial container for temporary
storage of waste shall ensure that such commercial container:
8.2.1.1 is sturdily constructed of weather proof and animal proof material and is
capable of containing the material deposited within;
8.2.1.2 is equipped with a tight-fitting lid with a locking device which shall be
kept closed except when container is being loaded or unloaded; and
8.2.1.3 is cleaned out regularly, as necessary, to avoid the build-up of odours.
8.2.2 the owner of any premises on which a commercial container is placed shall
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ensure that:
8.2.2.1 any such container is kept in a manner that is not unsightly and does not
cause a nuisance or health related problem; and
8.2.2.2 that the area around the container is maintained free from litter and
waste.
8.2.3 no person shall place waste in any commercial container without permission of the
owner of the container;
8.2.4 commercial organic containers or carts must be emptied on a weekly basis.
Organics may not be collected in plastic bags;
8.2.5 IC&I waste-resources are subject to inspection by the Administrator or delegate or
By-law Enforcement Officer for compliance with this By-law;
8.2.6 the property owner or the renter of a commercial storage container or structure
shall ensure that materials are placed in the storage container in a source-
separated condition;
8.2.7 the hauler collecting a commercial storage container shall ensure that source
separated waste resources are maintained in a source-separated condition and
deposited separately at the appropriate facility;
8.2.8 containers for IC&I recyclables shall be blue transparent plastic bags, with
separate blue bags for recyclable paper materials and recyclable container
materials. Corrugated cardboard shall be bundled separately from the other
recyclable paper materials;
8.2.9 containers for IC&I residual waste shall be clear plastic bags.
8.3
Construction and demolition waste
8.3.1 All waste resulting from construction or demolition of any kind, including
renovation or repair, except that waste which may be eligible for municipal
collection pursuant to this By-law, shall be promptly removed and disposed of in a
waste management facility licensed for the disposal of construction and demolition
waste;
8.3.2 the property owner or occupant of the premises shall both personally or by
employees, contractors or agents promptly remove and dispose of any
construction and demolition material generated on the premises in compliance
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with all applicable Federal, Provincial, Municipal Laws and Regulations.
Part 9 Offense and penalty
9.1
Violation of By-law
9.1.1 Any person who contravenes any part of this By-law is guilty of an offence
punishable on summary conviction by a fine of not less than five hundred ($500)
dollars and not more than five thousand ($5,000) dollars;
9.1.2 each day that a person commits an offence under this By-law constitutes a
separate offence;
9.1.3 any person who contravenes Part 5 or Part 6 of this By-law and who is given
notice of the contravention may at the discretion of the Municipality pay to the
Municipality, at the place specified in the notice, the sum of two-hundred fifty
($250.00) dollars pursuant to Payment in Lieu of Prosecution within fourteen (14)
days of the date of the notice and shall there-by avoid prosecution for that
contravention.
Part 10 Repeal
10.1
This By-law hereby repeals and replaces Solid Waste Resource Collection and Disposal
By-law S-088-22.
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Chief Administrative Officer's Annotation for Official By-Law Book
Date of First Reading
February 28, 2024
Date of Advertisement of Notice of Intent to Consider
March 7, 2024
Date of Second Reading
March 27, 2024
Date of Advertisement of Passage of By-law
April 4, 2024
Date of Mailing to Minister a Certified Copy of By-law
April 4, 2024
I certify that this Solid Waste Resource Collection and Disposal By-law S-088-24 was adopted by
Council and published as indicated above.
_______________________________ April 4, 2024
Chief Administration Officer Date
Date last reviewed by Council: March 27, 2024
Date last amended: March 27, 2024