Solid Waste Resource Collection and Disposal Bylaw (TOY 21)
Yarmouth, Nova Scotia
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TOY 21 - Solid Waste Resource Bylaw
Town of Yarmouth
SOLID WASTE RESOURCE BYLAW
Effective: July 10th, 2006 - Amended: March 13th, 2025
TOY 21
WHEREAS under Section 325 of the Municipal Government Act (1998), Council may make bylaws
respecting solid waste disposal.
AND WHEREAS under Section 172 (1) (L) of the Municipal Government Act (1998), Council may make
bylaws respecting the enforcement of bylaws under the authority of a statute.
NOW THEREFORE, the Council of the Town of Yarmouth in open meeting assembled, enacts as follows:
1.0
TITLE
This Bylaw shall be known as Bylaw 21 and may be cited for all purposes as the "Solid Waste
Resource Collection and Disposal Bylaw."
2.0
DEFINITIONS
In this Bylaw:
a. "Administrator" means the person appointed by the Chief Administrative Officer of the
Town to administer this Bylaw, or their designate;
b. "Adverse effect" means an effect that impairs or damages the environment, the health of
humans or the reasonable enjoyment of life or property;
c. "Authority" means Western Region Solid Waste Resource Management Authority, also
known as Waste Check.
i.
"Western Region" means the Western Region Solid Waste Resource
Management Region as defined in the Nova Scotia Solid Waste Resource
Management Regulations.
d. "Asbestos" means asbestos waste as defined in the Asbestos Waste Management
Regulations made under the Nova Scotia Environment Act, S.N.S. 1994-95, c.1, as
amended;
e. "Beverage" means any liquid that is a ready to serve drink, but does not include milk, milk
products, soya milk or concentrates as defined by the Nova Scotia Beverage program;
f. "Beverage container" means a container of five (5) litres or less which contains or has
contained a non-liquor BEVERAGE and was sealed by the manufacturer after the beverage
was placed in it;
g. "Bulky items" means large items of a household nature including but not limited to
furniture, stoves, refrigerators, dishwashers, mattresses, bed springs, empty hot water
and oil tanks (cut in half), toys, bicycles and lawn furniture.
TOY 21 - Solid Waste Resource Bylaw
h. "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;
i.
"Collector" means an individual or company that collects and disposes of residual
garbage, recyclable material or organics or combination thereof to designated municipal
solid waste management facility;
j.
"Municipal collection" means the action by the Town or its collector of picking up source-
separated waste resources and other solid waste at the curb, loading it into trucks, and
delivering it to the designated municipal solid waste management facility.
k. "Commercial container" means a mobile garbage bin designed to be brought and taken
away by a special truck, or to a bin that a specially designed garbage truck lifts, empties
into its hopper, and lowers, on the spot, such as a dumpster.
l.
"Organics" means food scraps and spoiled or waste food or foodstuff including vegetable
peelings, meat, fish, eggs, bones, waste food products, soiled and wet and soiled paper
products such as table napkins, paper towels, pizza boxes, leaves and grass clippings,
branches and bushes that are 1.2 meters or less in length and 2 centimeters or less in
diameter, together with such other organics as may be identified in public education
documents distributed by the Town and/or authority from time to time; and
m. "Composting" means the biological decomposition of organics, 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;
n. "Construction and demolition debris" 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;
o. "Contaminant" means a substance that causes or may cause an adverse effect;
p. "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;
q. "Council" means the Council for the Town of Yarmouth;
r. "Curb" means the 3 meter distance from the edge of the travelled portion of a public
street, road, or private road that meets the approval of the Town for solid waste
collection, but it does not include the ditch or sidewalk;
s. "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;
TOY 21 - Solid Waste Resource Bylaw
t. "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;
u. "Hospital and pharmaceutical waste" means waste generated at hospitals, clinics,
pharmacies, veterinary clinics, dentist offices and includes, but not limited to used
needles, drugs, dressings, excluding pathological waste;
v. "Industrial waste" means residual garbage typically generated in the IC&I sector;
w. "IC&I" means "industrial/commercial/institutional sectors.
x. "Land" means surface land, land covered by water, subsoil, matter beneath the subsoil or
any combination or part thereof;
y. "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 organics that has
been contaminated;
z. "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;
aa. "Low density residential property" means a property containing up to and including four
(4) residential dwelling units;
bb. "Metals and appliances" means major appliances or white goods such as an electric stove,
refrigerator, freezer, dishwasher, clothes dryer, washer, hot water heater, dehumidifier,
water cooler, & metals such as a bed frame, furniture, barbeque, bicycle frame, metal
sink metal bath tub, lawn mower.
cc. "Minister" means the Minister of Environment for the Province of Nova Scotia;
dd. "Large apartment" means a residential property that contains more than four dwelling
units;
ee. "Municipal solid waste management facility" means a site identified by the Town for
receiving, storing, sorting, processing, transfer, or disposal of designated solid waste;
ff. "Green cart" means a wheeled cart designed to be emptied by hydraulic lifting devices
and approved by the Town for the storage and municipal collection of organics;
gg. "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;
hh. "Public education documents" includes newspaper, radio and local television
advertisements, information posted to the Town's and/or authority's website, social
media accounts and newsletters, pamphlets, flyers or other material circulated
electronically or by ordinary mail or delivery by or for the Town and/or the authority or
the Minister;
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ii. "Recyclable container materials" means 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 Town and the authority from time to time;
jj. "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 Town and the authority from time to time;
kk. "Recyclable material" means recyclable paper materials or recyclable container materials
as defined in this Bylaw;
ll. "Redeemable beverage container" means a beverage container for which a consumer was
required to pay a deposit;
mm.
"Residual garbage" means waste other than:
i.
recyclable material;
ii.
organics;
iii.
leaf and yard waste; and
iv.
any other waste that is prohibited from disposal by way of municipal collection
or at a municipal solid waste management facility designated for residual garbage
by this Bylaw or by the Minister.
nn. "Sharps" means needles, syringes, lancets, auto injectors and infusion sets;
oo. "Solid waste" means residual garbage, recyclable material and organics, as well as any
other type of waste defined in this Bylaw and specifically referred to in this Bylaw as
permitted or prohibited for disposal at a municipal solid waste management facility;
pp. "Source-separated waste resources" means waste resources which have been separated
"at source" (i.e. at the point of generation) into the four waste separation streams to
facilitate their reuse, recycling, composting or disposal;
qq. Recyclable paper materials
i.
Recyclable paper materials
ii.
Organics
iii.
Residual garbage
rr. "Town" means the Town of Yarmouth
ss. "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;
tt. "Waste resources" means all those materials managed by or on behalf of the Town as
recyclable, compostable, household hazardous waste, or residual garbage.
uu. "Waste wood" means up to 0.5m3 in volume of leftover wood from handyman
crafts/projects, wooden pallets, wooden work benches/tables/saw horses, outdoor
wooden furniture. It does not include demolition materials from major renovation
projects (i.e.: roofing materials, decks, sheds, etc.).
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vv. "Business" means any person, organization, or group engaged in a trade, business,
profession, occupation, calling, employment or purpose and, for the purposes of section
4.44, includes a person employed by, or operating on behalf of, a Business.
ww.
"Compostable Product" means any non-food product made or described as being
biodegradable or compostable or other similar description.
3.0
ADMINISTRATION AND ENFORCEMENT
The Chief Administrative Officer shall appoint an administrator to administer this bylaw.
3.1
The Bylaw Enforcement Officer(s) appointed by the Town shall enforce this bylaw.
3.2
For the purpose of the administration of this bylaw the administrator, Bylaw Enforcement
Officer(s), or an agent or employee of the Town may at any reasonable time enter and inspect
any land or premises, other than a dwelling or a room being used as a dwelling to determine
compliance with this bylaw and policies made under this bylaw, including the right to inspect
waste, residual garbage and any storage facility
3.3
The administrator or the Bylaw Enforcement Officer(s) may, by a directive in writing direct
any person to do any act or thing in order to comply with the provisions of this bylaw or any
policy made pursuant to this bylaw in the manner and within the time specified in the written
directive.
3.4
Any written directive signed by the administrator or Bylaw Enforcement Officer(s), is
effective if delivered personally to the person named in such directive or if sent by prepaid post
or facsimile or e-mail transmission to the most recent known address of the person named and
shall be deemed to have been received by such person, in the case of facsimile or e-mail
transmission on the day after it was sent and in the case of prepaid post, on the third day after it
was sent unless receipt of same is acknowledged. Where the owner of the land, a building or
structure in respect of which a contravention is taking place or has taken place, cannot be
reasonably located, notice of the Directive may be posted upon the land, building or structure.
3.5
It shall be an offence for any person to fail or refuse to comply with a written directive signed by
either the administrator or Bylaw Enforcement Officer pursuant to this bylaw.
4.0
DISPOSAL OF SOLID WASTE
Every person shall dispose of solid waste in accordance with this Bylaw.
4.01
Material Banned from Disposal by Provincial Legislation
No person shall dispose of or cause the disposal of the following materials at any approved
municipal solid waste management facility, or deposit any such materials in a storage area,
storage container, or collection container, intended for residual garbage disposal in any landfill
or incinerator:
TOY 21 - Solid Waste Resource Bylaw
a. Beverage Container Redeemable Beverage Containers
b. Newsprint
c. Used tires (except as excluded from the Provincial tire program)
d. Corrugated cardboard
e. Waste paint
f. Steel/tin food containers
g. High Density Polyethylene (HDPE #2) -plastic beverage containers, food containers,
detergent containers, shampoo containers, crates, boxes, pails and lids, windshield
washer containers, non-hazardous household cleaner containers (not including pesticide
and petroleum containers)
h. Low Density Polyethylene (LDPE #4) -IC&I stretch wrap (pallet wrap)
i.
Organics
j.
Any other materials which may be added to this list from time to time by the Province of
Nova Scotia.
4.02
Material Banned from Disposal by the 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.
4.03
Flow Control
No person shall export or remove residual garbage, construction and demolition debris, or
unsorted solid waste generated within the Town outside the boundaries of the Western Region.
a. Notwithstanding subsection (i) the Town may export residual garbage, construction and
demolition debris or unsorted solid waste to approved facilities outside the boundaries
of the Western Region.
4.04
No Illegal Dumping
Except for the placement of solid waste for municipal collection in accordance with this Bylaw,
no person shall deposit, cause to be deposited or permit to be deposited solid waste at any
place in the Town other than at an approved municipal solid waste management facility
designated for the applicable type of solid waste, or at any other site authorized by the Town
or approved for the purpose by the Minister.
4.05
No person shall place solid waste for municipal 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.
a. Notwithstanding subsection (i) the nuisance-free disposal of aggregate, soil, bricks,
mortar, concrete, asphalt pavement, porcelain or ceramic materials as clean fill, provided
TOY 21 - Solid Waste Resource Bylaw
this activity is carried out in compliance with all applicable laws of the Province of Nova
Scotia.
4.06
No Salvaging
No person shall pick up, remove, disturb or otherwise interfere with solid waste placed at the
curb for municipal collection, except as authorized by the Town or property owner.
4.07
Ownership of Solid Waste
Solid waste placed at the curb for municipal collections, is the property of the property owner
until the collector places the solid waste in the collection vehicle.
4.08
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.
4.09
Litter Abatement
No person shall release or cause litter to be released into the environment, except in
accordance with this Bylaw.
4.10
Disposal at Municipal Solid Waste Management Facilities
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:
a. this Bylaw or any policy of the Town 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;
b. 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
c. 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.
d. 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.
4.11
The operator or staff at a municipal solid waste management facility may refuse solid waste
under the following circumstances:
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a. where the municipal solid waste management facility is not designated for the type of
solid waste a person is attempting to place;
b. where a requisite tipping fee has not been paid;
c. where the source of the solid waste is not identified;
d. where the source of the solid waste is outside the boundaries of the Town;
e. where the facility is unable to weigh, measure or process the solid waste for any reason,
including but not restricted to excessive inventory of solid waste or shortage of space,
mechanical or electrical break down or labour dispute; or
f. where the operations of the municipal solid waste management facility would be
compromised by the placement of the solid waste; or
g. where the solid waste would be placed in contravention of this Bylaw, any permit issued
by the Province of Nova Scotia, or any law of the Province of Nova Scotia and of the
Government of Canada.
4.12
No person shall place, cause to be placed or permit to be placed in a municipal solid waste
management facility any solid waste:
a. that is not separated as required by this Bylaw;
b. that is falsely or misleadingly presented or packaged as solid waste of a particular origin;
or
c. that is concealed within or inter-mingled with solid waste of another kind, type, stream
or place of origin.
d. For greater certainty, solid waste that is
i.
not permitted to be placed for collection or to be delivered to a municipal solid
waste management facility pursuant to this Bylaw, or
ii.
generated outside the Town may not be disposed of at a municipal solid waste
management facility except where the Town or the operator of a municipal solid
waste management facility has given a person written approval to do so in
advance.
4.13
No Accumulation of Solid Waste
No owner or occupant of a property in the Town 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.
4.14
Where an owner or occupant permits the accumulation of solid waste contrary to subsection
(i), the administrator may enter the property to collect and dispose of the accumulated solid
waste, the expense of which will be charged to the owner or occupant who has contravened
subsection (i).
4.15
For greater clarity, the administrator may enter the property to collect and dispose of any
uncollected solid waste scattered by animals, pests or weather that an owner or occupant
TOY 21 - Solid Waste Resource Bylaw
fails to remove pursuant to section 4.40 (e) of this Bylaw, the expense of which will be charged
to the owner or occupant.
4.16
Municipal Collection
Owners and occupants of every low-density residential property in the Town are eligible
for
municipal collection of source-separated waste resources and shall ensure that all source-
separated waste resources are properly stored and placed for collection and disposal.
4.17
Council may provide for general municipal collection of source-separated waste resources by its
own employees or by a collector in some or all areas of the Town.
4.18
Without limiting the generality of subsection (i), Council may, at its discretion, use different
classifications for municipal collection of solid waste, including different classifications of
municipal collection services and different classifications of waste generators.
4.19
Without limiting the generality of subsections (i) & (ii), Council may, at its discretion, limit
collection to:
a. particular types of solid waste;
b. properties containing not more than a specified number of residential households;
c. properties which are seasonal; and
d. properties generating industrial waste of a particular type or size or generating not more
than a specified volume of solid waste.
4.20
Owners and occupants of every property in the Town 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 Bylaw, and for paying any associated collection, disposal or tipping fees.
4.21
For greater certainty, owners and occupiers of every property in the Town that is not made
subject to municipal collection, are responsible for separating solid waste in accordance with
this Bylaw.
4.22
The Town may contract with owners and occupiers whose properties are ineligible for
municipal collection pursuant to this Bylaw, to provide collection of their solid waste.
4.23
The limitations and restrictions in this Bylaw applicable to general municipal collection shall
apply to the owners and occupiers in subsection (i), except to the extent that those limitations
or restrictions are expressly varied in any contract reached between the Town and the owner or
occupier pursuant to subsection (i).
4.24
The Town shall offer curbside collection of certain solid waste, as follows:
a. Municipal collection for household residual garbage and organics shall be at least once in
every fourteen (14) days between the hours of 7:00 a.m. and 4:00 p.m.; a municipal
collection for blue bag recyclables shall be at least once in every seven (7) days between
TOY 21 - Solid Waste Resource Bylaw
the hours of 7:00 a.m. and 4:00 p.m.; however, when a public or statutory holiday occurs
on a municipal collection day, such municipal collections shall be made on the following
working day, unless otherwise specified by the administrator.
b. Municipal collection of metals and appliances shall be on the last Friday of every month;
however, when a public or statutory holiday occurs on the last Friday of the month, there
shall be no municipal collection of metals and appliances for that month unless otherwise
specified by the administrator.
c. Municipal collection of waste wood shall be on the first Friday of every month from April
to November, inclusive; however, when a public or statutory holiday occurs on the first
Friday of the month, there shall be no municipal collection of waste wood for that month
unless otherwise specified by the administrator.
d. Municipal collection of Christmas tree shall be each year in the month of January, on the
second Monday and second Friday of the month; or on a date to be specified by the
administrator.
e. Municipal collection of brush and branches such as tree branches, brush, or excess leaves
and yard waste can be placed alongside of your green cart. Branches should be tied or
bundled in arm load sizes and not to exceed five (5) bundles per pickup. Leaves should be
bagged in heavy paper bags up to a limit of twenty (20) bags.
i.
An annual municipal collection of brush, bushes, and small tree limbs will be
picked up in the spring on a Friday, during the month of April on a date to be
specified by the administrator. Limbs shall be limited to 1.5m in length to a
maximum diameter of 150mm. Quantities shall be limited to a maximum volume
of 2.5 m3.
4.25
For the purposes of this section, a schedule of dates for municipal collection shall be
distributed to residents annually prior to the end of December for the coming year. Any changes
to the schedule shall be advertised in the local paper or on the local radio station.
4.26
Special Collections
The administrator may, at its discretion,
a. provide for special municipal solid waste collections on an occasional basis, or
b. provide for municipal collection from a drop-off site of particular types of solid waste,
such as bulky items not eligible for regular municipal collection, leaf and yard waste,
household hazardous waste or other specified solid waste.
4.27
When providing for special collections pursuant to subsection (i), the administrator may limit
such special collection to:
a. particular areas of the Municipality;
b. properties containing not more than a specified number of residential households; or
c. properties generating industrial waste of a particular type or size or generating not more
than a specified volume of solid waste.
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4.28
Separation and Storage
Owners and occupants of every property in the Municipality shall separate solid waste at the
time and place of generation into the following streams:
a. organics;
b. recyclable container materials;
c. recyclable paper materials;
d. residual garbage;
e. construction and demolition debris;
f. waste wood;
g. metals and appliances;
h. brush and branches;
i.
contaminated soil;
j.
asbestos;
k. 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
l.
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.
4.29
Owners and occupants of every property in the Town shall take positive steps to ensure that all
solid waste separated in accordance with subsection (i) remains separated and
uncontaminated by any other type of solid waste.
4.30
For greater certainty, the obligations to separate and maintain separation of solid waste in
subsections (i) & (ii) extend to owners, management and staff of restaurants, stores, parks,
campgrounds, on public streets and other establishments serving the public, which must also
provide containers to facilitate separation and non-contamination of solid waste streams by
owners, management, staff and clientele as appropriate for the type of establishment.
4.31
Subject to subsection (i), residual garbage may include organics or recyclable materials to the
extent that separation of organics and recyclable material was not reasonably possible because
of:
a. the fusing or bonding together of materials in the state in which the waste was received,
or
b. the reasonable cross-contamination of materials in the ordinary course of use, if such
contamination is unavoidable even by the exercise of due diligence.
4.32
Owners and occupants of every property in the Town shall provide sufficient and adequate
space and containers for the storage, collection and disposal of any disposal of any solid waste
which may accumulate from time to time on the property.
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4.33
Without limiting the generality of subsection (v), owners and occupants of every property in the
Town shall provide space and containers in accordance with the following provisions:
a. Organics shall be stored in green carts provided by the Town or in other containers that
are water-proof, impervious to domestic and wild animals and rodents and designed to
avoid the entrapment of children, and such green cart or container shall be placed or kept
in the side yard or back yard of the lot as far as possible from any window or door situated
on an abutting or adjacent property; and
b. Recyclable materials and residual garbage shall be stored inside buildings or situated in
the side yard or back yard of the lot in containers that are waterproof, impervious to
domestic and wild animals and rodents and designed to avoid the entrapment of children.
4.34
Owners and occupants of every property in the Town which is eligible for municipal
collection of source-separated waste resources 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.
4.35
Commercial containers used for the collection or storage of solid waste:
a. shall be sturdily constructed, water-proof and impervious to domestic and wild animals
and rodents;
b. shall be designed to avoid the entrapment of children;
c. shall be accessible to the occupants and safe for its intended users;
d. shall be equipped with a tight-fitting lid with a positive closing device which shall be kept
closed except when the container is being loaded or unloaded;
e. shall be kept clean and in a good state of repair;
f. shall be labeled for the purpose of identifying what materials the container contains;
g. shall have sufficient space or sectioning to store solid waste separated in accordance with
the provisions of this Bylaw in such a manner that can ensure that separated solid waste
remains separated and uncontaminated by other types of solid waste.
h. shall be assessable within five (5) meters of the collection vehicle loading hopper.
4.36
Owners or occupants of premises serviced by a commercial container:
a. Shall keep the commercial container behind or beside the building which it serves, so as
to reduce visibility from the street and adjacent properties.
b. Any such commercial container is kept in a manner that is not unsightly and does not
cause a nuisance or health related problem.
c. Shall keep the commercial container not less than 1.5 meters from the building which it
serves and not less than 1.5 meters from the adjacent property lines.
d. Shall keep the area surrounding the container free from any type of waste.
e. Shall ensure no waste extends beyond the internal volume of the commercial container.
f. Shall provide instruction to any tenants, visitors or employees to ensure proper disposal
and separation and disposal.
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g. Shall make application to the administrator for any variance from the provisions of
subsection (1) and subsection (2).
h. Shall cause the commercial container to be emptied at least once every seven (7) days.
i.
Where a commercial container is used during construction or demolition, the Owners or
occupants need not comply with the provisions of subsection (1) and subsection (2).
j.
Where a commercial container is used during construction or demolition, the owners or
occupants shall remove the commercial container immediately upon completion of the
construction or demolition.
4.37
No person shall place waste in any commercial container without permission of the owner of
the commercial container.
4.38
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.
4.39
Where a person wishes to dispose of solid waste containing chlorofluorocarbons, that person
must:
a. safely deliver the solid waste to the Town's facility designated to deal with
chlorofluorocarbons to have the chlorofluorocarbons removed by a certified technician;
or
b. arrange to have the chlorofluorocarbons removed by a certified technician and
accordingly labeled 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 Town's facility designated to deal with hlorofluorocarbons.
4.40
Rules for Municipal Collection
Municipal collection of solid waste will only be provided for low density residential properties.
Owners of all other properties are responsible for the removal of solid waste by other means.
Persons placing solid waste for municipal collection shall comply with the following:
a. Solid waste shall be placed for collection on the curb directly in front of the property that
is the source of the solid waste, and shall be placed in such a manner as to interfere as
little as possible with pedestrian traffic and snow removal, the distance shall not exceed
3 meters from the edge of the travelled portion of the roadway;
b. Solid waste shall be placed for collection by 7:00 a.m. on the day of collection;
c. Solid waste shall not be placed for collection more than 1 day before the collection date
for that property and for the appropriate type or stream of solid waste;
TOY 21 - Solid Waste Resource Bylaw
d. 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 for that property;
e. Residual garbage collection containers and green carts shall be removed from the
roadside by the end of collection day. Green carts shall be removed from roadside and
stored on the premises in the side-yard of backyard in accordance with this bylaw.
Residual garbage shall be placed for collection in securely tied, clear, transparent, plastic,
waterproof bags and shall not exceed a weight of twenty five (25) kilograms per bag
except that each non-coloured transparent bag may contain one (1) non-transparent
(coloured) privacy bag that is no larger than twenty (20) inches by twenty-two (22) inches
with residual garbage of a private or personal nature. The Town reserves the right to grant
written variances to this limit in accordance to the Variance Policy of the authority.
f. Recyclable materials shall be placed for collection in securely tied, blue-tinted 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) kg and measuring no more than sixty (60) cm by sixty
(60) cm;
g. Organics shall be placed for collection in green carts containing a load weight of no more
than one hundred (100) kg. Leaves and yard waste can be placed alongside your green
cart. Leaves should be bagged in heavy paper bags up to a limit of twenty (20) bags.
h. Brush and branches can be placed alongside of your green cart. Branches should be tied
or bundled in arm load sizes and not to exceed five (5) bundles per pickup. For the annual
April Friday collection, limbs shall be limited to 1.5m in length to a maximum diameter of
150mm. Quantities shall be limited to a maximum volume of 2.5 m3.
i.
Waste wood placed for collection as authorized for municipal collection by the Town shall
not exceed 0.5m3 in volume.
j.
Metals and appliances are authorized for municipal collection by the Town, however, no
more than one of each type of appliance is permitted per collection; and
k. when Christmas tree waste is authorized for municipal collection by the Town, it shall not
have any decorations, ornaments, stands, plastic bags, wires or nails attached and shall
not exceed 3 meters in length.
l.
Town collection will take place on public streets and roads that are maintained by the
Town. Collection may be arranged for private roads, provided the construction,
maintenance and configuration are to a standard deemed by the administrator to be
suitable to provide collection services.
4.41
Solid Waste Not Permitted for Municipal Collection
Except where authorized by the Town, no person shall place for collection:
a. hazardous waste;
b. sharps;
TOY 21 - Solid Waste Resource Bylaw
c. pathological waste;
d. hospital and pharmaceutical waste;
e. asbestos;
f. septic waste;
g. hot ashes;
h. dead animal carcasses larger than ten (10) kg;
i.
industrial waste, including non-residential, farm, forestry or fishing waste;
j.
materials that are prohibited from disposal by municipal collection by the laws of the
Province of Nova Scotia;
k. solid waste generated outside the Town;
l.
construction and demolition debris that exceeds the dimensions or weight allowable for
waste wood collection by the provisions of this bylaw; and
m. other materials or solid waste as may be identified as unacceptable for municipal
collection by the Town, including but not restricted to identification in public education
documents distributed by the town from time to time.
4.42
Inspection and Rejection Guidelines
Waste resources set out for collection shall be subject to inspection by the collector or by the
administrator, Bylaw Enforcement Officer(s) or an agent, or employee of the Town. Waste
resources found not to be source- separated according to this Bylaw may be rejected and not
collected.
4.43
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
Bylaw Enforcement Officer(s) to ensure compliance with this bylaw.
4.44
Prohibition on Sale of Plastic Compostable Products
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 Town to do so.
a. The Town shall issue a permit for the sale of a compostable product only if the Town is
satisfied that the compostable product is an organic and acceptable to the Town in a
green cart.
b. Any business that contravenes this bylaw is guilty of an offence.
5.0
OWNER AND OCCUPANT RESPONSIBILITIES FOR WASTE RESOURCE MANAGEMENT
The responsibility for the management of Waste Resources in Industrial, Commercial &
Institutional (IC&I) premises and large apartments is shared by the property owner and the
occupant as follows.
TOY 21 - Solid Waste Resource Bylaw
5.1
Property Owner's Responsibilities
The property owner shall:
a. Provide waste-resource storage as set out in Section 4.28;
b. ensure that waste resources are set at roadside by 7:00 a.m. for collection on collection
day;
c. maintain waste-resource storage in a clean and tidy condition at all times, both inside and
outside, including the immediate surroundings;
d. 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
e. abide by all directives of the Bylaw Enforcement Officer with regards to the handling of
waste resources.
5.2
Occupant's Responsibilities
The occupant shall:
a. sort all waste resources generated in the occupant's unit as provided in Section 4 of this
bylaw; and
b. between collections, place sorted materials in the storage provided by the property
owner.
c. Abide by all directives of the Bylaw Enforcement Officer with regards to the handling and
sorting of waste resources.
6.0
INDUSTRIAL, COMMERCIAL & INSTITUTIONAL, AND CONSTRUCTION & DEMOLITION WASTE
RESOURCES
Industrial, Commercial & Institutional (IC&I) Waste-Resource Removal
a. The property owner or occupant of an Industrial, Commercial or Institutional premises
shall either personally or by employees, contractors or agents, provide for the sorting,
storage, removal and disposal of all solid waste generated at the premises.
b. All waste generated by any industrial, commercial or institutional (IC&I) premises, facility
or operation, not eligible for municipal collection pursuant to this bylaw;
c. IC&I waste resources are subject to inspection by the administrator or delegate or Bylaw
Enforcement Officer for compliance with this bylaw;
d. The property owner or the renter of a commercial container or structure shall ensure that
materials are placed in the storage container in a source-separated condition.
e. The hauler collecting a commercial container shall ensure that source-separated waste
resources are maintained in a source-separated condition and deposited separately at the
appropriate facility.
TOY 21 - Solid Waste Resource Bylaw
f. 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.
g. Containers for IC&I residual garbage shall be clear plastic bags.
6.1
Construction & Demolition Waste
a. All waste resulting from construction or demolition of any kind, including renovation or
repair except that waste which may be eligible for municipal collection pursuant to this
bylaw, shall be promptly removed and disposed of in a waste management facility
licensed for the disposal of Construction and Demolition waste.
b. 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
debris generated on the premises in compliance with all applicable Federal, Provincial,
Municipal Laws and Regulations.
7.0
OFFENCE AND PENALTY
A Violation of Bylaw
a. Any person who contravenes Section 2 or Section 3 of this Bylaw is guilty of an offence
punishable on summary conviction by a fine of not less than Five Hundred dollars ($500)
and not more than Five Thousand dollars ($5,000) and to imprisonment of not more than
six (6) months in default of payment thereof.
b. Any person who contravenes any other section of this Bylaw is guilty of an offence
punishable on summary conviction by a fine of not less than One Hundred Fifty dollars
($150) and not more than One Thousand dollars ($1,000) and to imprisonment of not
more than three (3) months in default of payment thereof.
c. Each day that a person commits an offence under this Bylaw constitutes a separate
offence.
d. Any person who contravenes sections 3, or 4 of this Bylaw and who is given notice of the
contravention may pay to the Town, at the place specified in the notice, the sum of Two
Hundred Fifty dollars ($250.00) 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.
TOY 21 - Solid Waste Resource Bylaw
Clerk's Annotation for Official Bylaw Book
Date of Adoption: July 10th, 2006
Date of Approval of Amended Bylaw: December 18th, 2008
Date of Approval of Amended Bylaw: September 19th, 2019
Date of Approval of Amended Bylaw: June 11th, 2020
Date of Approval of Amended Bylaw: March 21st, 2024
Date of Approval of Amended Bylaw: February 13th, 2025
Date of Approval of Amended Bylaw: March 13, 2025
I certify that this 'Solid Waste Resource Bylaw' was adopted by Council as indicated above.
Town Clerk: Date:
Amended
First Reading
February 14th, 2008
Publication of Notice of Intent March 4th, 2008
Second Reading
April 10th, 2008
Date of Publication
April 22nd, 2008
Approval of Amended Bylaw
December 18th, 2008
Amended
First Reading
Publication of Notice of Intent
Second Reading
September 13th, 2018
Approval of Amended Bylaw
September 19th, 2018
Amended - Section 2.0 vv + ww & Section 4.44
First Reading
February 13th, 2020
First Reading (revised)
March 12th, 2020
Second Reading
June 11th, 2020
Date of Publication
June 25th, 2020
Amended - Section 4.40 e
First Reading
February 8th, 2024
Notice of Intent
March 6th & 13th, 2024
Second Reading
March 21st, 2024
Date of Publication
April 3rd, 2024
TOY 21 - Solid Waste Resource Bylaw
Amended - Section 7.0
First Reading
February 13th, 2025
Notice of Intent
February 26th, 2025
Second Reading
March 13th, 2025
Date of Publication
April 3rd, 2025