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HAMLET OF ENTERPRISE
BYLAW #2021-88
"SOLID WASTE BYLAW"
APPROVED: December 14, 2021
MOTION: 2021-428
Hamlet of Enterprise
Solid Waste Bylaw 2019
BYLAW #2021-88
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Being a BY-LAW OF THE HAMLET OF ENTERPRISE in the Northwest Territories, to provide for the
establishment, operation, maintenance and alteration of Solid Waste provisions PURSUANT TO the Hamlets
Act; S.N. W. T., 2018; C-22, Section 72 and subsequent amendments thereto.
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WHEREAS Section 72 of the Hamlets Act authorises council to provide waste management Services, and
NOW THEREFORE, the Council of the Hamlet of Enterprise, in a duly assembled meeting enacts as follows:
1. Short Title
This bylaw may be cited as the "Solid Waste Bylaw (2019)".
2. Interpretation
The interpretations, references and definition of words and phrases of the Hamlets Act shall apply
to this bylaw.
3. Definitions
3.1 In this bylaw:
"Approved" means approved by the SAO.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.
"Commercial" means commercial profit making organizations principally engaged in the sale of goods
or Services including retailers, offices, hotels and motels.
"Commercial Waste" means all Solid Waste generated by a commercial Premise except for Special
Waste.
"Construction Site" means the location where building erection, renovation, demolition or work is
being performed, and/or a location where surface or subsurface pipe work or mechanical work is
being performed on any landscape or building where changes are being undertaken by anyone, or a
location where excavations are being performed.
"Construction Waste" means any form of Solid Waste material including wood product, concrete,
steel, iron, miscellaneous metals, gypsum product, clay product, non-contaminated soil or other
granular fill, plastics and insulation that is generated a Construction Site, but does not include
Hazardous Waste.
"Council" means the Council of the Hamlet of Enterprise.
Solid Waste Bylaw No 2021-088
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"Customer'' means anyone who has requested is receiving Municipal Services to collect Solid Waste,
in accordance with this Bylaw.
"Garbage Receptacle" means a bin intended or used for the temporary storage of Household Waste;
"Government'' means the Government of Canada, the Government of the Northwest Territories, the
Northwest Territories Housing Corporation, the Hamlet, or any agency of any of them.
"Hamlet" means the Hamlet of Enterprise, its' employees, Council members and any authorized
contractors, delegates, or representatives.
"Hazardous Waste" means any chemical, biological, or bacteriological material or waste that is or
may become explosive, radioactive, corrosive, flammable, reactive, toxic, or
infectious presenting an actual or potential danger to human health and safety or to other living
organisms in the environment, including, but not limited to any materials requiring placards or labels
as identified by Transport Canada under the Transportation of Dangerous Goods Regulations or that
is otherwise regulated by the Federal and/or Territorial Governments.
"Household Waste" means all Solid Waste generated by a Residential Premise except for Special
Waste.
"Industrial" means any firm, organization, company, partnership, or sole proprietorship, whether
incorporated or unincorporated whose primary business is resource exploration or development,
manufacturing, fabrication, and marine and air transportation and includes but is not limited to the
following premises:
-
electrical power plants;
-
airport and heliport and associated facilities;
-
wharfs, piers and docks and associated facilities;
-
dry docks and associated facilities;
-
construction and work camps; or
-
administrative, supply and maintenance bases and associated facilities for resource
exploration and development.
"Industrial Waste" means any Solid Waste generated by an Industrial premise except for Special
Waste.
"Mayor'' means the Mayor of the Hamlet of Enterprise.
"Municipal System" or "Municipal Service" means the assets owned by the Hamlet to collect Solid
Waste from private Property or premises and include the Trucked Service.
"Owner or Property Owner" means any Person who is the registered Owner of a Property, or any
Person who is in lawful possession or occupation of buildings situated thereon.
"Person" includes a corporation and the heirs, executors, administrators or other legal representative
of a Person.
"Premise" means real Property and may include any buildings thereon.
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"Property'' means real or Personal Property.
"Rates" means the charges for Services provided.
"Residential" means private home Owners, private renters and Residential establishments.
"SAO" means the Senior Administrative Officer of the Hamlet.
"Services" means Municipal Services provided, see ''Trucked Service".
"Schedule" means any Schedules attached to and forming part of this Bylaw.
"Solid Waste" includes any matter or material that is discarded, or is intended to be discarded.
"Solid Waste Services" includes the management of Solid Waste in the Hamlet of Enterprise, which
includes the collection, transport, and disposal of Solid Waste.
"Solid Waste Site" means the Hamlet facility, or facilities, designated for the disposal of Solid Waste
by the Senior Administrative Officer.
"Special Waste" means any Solid Waste that exceeds the size or weight restrictions set out in this
bylaw for Household Waste, or:
a) Hazardous Waste;
b) Biomedical Waste;
c) Construction Waste;
d) Uncontained animal waste: and,
e) Includes any other Solid Waste that requires special handling as designated by the Senior
Administrative Officer from time to time, including:
a. computers (which includes monitors),
b. wet filled lead acid batteries,
c. waste oil, oil filters and oil containers,
d. vehicles and vehicle parts including tires;
e. propane tanks,
f.
white goods/large appliances and small engine machines accepted at the Solid
Waste Site,
g. animal carcasses including parts,
h. hydrocarbon contaminated soil,
i.
non-contaminated soil,
j.
scrap steel and metal,
k. tree branches, stumps, roots and logs,
I.
waste oil, oil filters and containers, and
m. cooking grease from Commercial premises.
''Trucked Service" means Solid Waste collection Services provided by vehicles by or on behalf of the
Hamlet.
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4. Authority of the Hamlet to Provide Municipal Services
4.1 No Persons, except those authorized by Council, shall directly or indirectly engage in the provision
of Solid Waste Services within the boundaries of the Hamlet.
5. Authority and Duties of the SAO
5.1 The Council delegates the SAO authority to do all things necessary in order to fulfill the
responsibilities and duties necessary for the general administration, management and operation
of the Solid Waste Services as set out in this Bylaw, including the power to make binding contracts
with customers for the provision of Solid Waste Services, under the Act and in this Bylaw.
5.2 The SAO is authorized and directed to:
a) supervise, control and administer the provision of Solid Waste Services and do all things
necessary to fulfill responsibilities and duties under this Bylaw;
b) deny the use of a Solid Waste site and/or collection Services, on either a temporary or
permanent basis, to any Person who violates any of the terms of this Bylaw, including failing
to pay the prescribed fees set in the Enterprise Fees and Charges Bylaw;
c) control all construction, operations and maintenance related to the provision of Solid Waste
Services;
d) perform all acts that may be necessary for the efficient management and operation of Solid
Waste Services;
e) administer and enforce this Bylaw; and
f) require to be done or undone any item or order issued by an authority over Solid Waste from
the Government of Canada, the Government of the Northwest Territories, or Mackenzie Valley
Land and Water Board.
5.3 The SAO may prescribe:
a) orders; and
b) specifications for:
I.
Solid Waste disposal;
II.
Trucked Service; and
Ill.
other specifications necessary to carry out the provisions of this bylaw.
5.4 No Person or customer shall fail to comply with such orders and specifications.
5.5 The SAO may delegate specific authorities, duties and responsibilities outlined in this bylaw to
other Hamlet staff.
5.6 The SAO may, subject to the approval by resolution of the Council:
a) Adopt and amend, from time to time, rules and regulations necessary to carry out the
provisions of this bylaw, and no customer or Person shall fail to comply with such rules and
regulations;
b) Adopt and amend, from time to time, specifications for Services, unaccepted waste and other
specifications and no customer or Person shall fail to comply with such specifications; and
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c) Adopt and amend, from time to time, service routes and times for provision of Services.
5.7 All such rules, regulations, specifications and Schedules shall be available for public inspection
during regular business hours at the municipal office.
6. Finance and Accounting
6.1 All costs for the provision of Solid Waste Services shall be financed through customer charges and
any Solid Waste service specific grants, subsidies or other funding provided to the Hamlet by the
Government of the Northwest Territories or others.
6.2 All monies collected for Solid Waste Services shall only be used to provide Solid Waste Services to
customers including operation, maintenance, extension, repair, capital improvement and
administration of the Solid Waste site.
6.3 The Hamlet shall establish a non-grantable capital replacement reserve fund.
6.4 All monies collected for the provision of Solid Waste Services shall be accounted for in a separate
fund known as "Solid Waste Services".
7. Service Area
7.1 The Hamlet shall provide Solid Waste Services for all Premises within the municipal boundaries.
7.2 The Hamlet shall not provide Municipal Services to un-serviced lots in areas designated as such.
7.3 Any Solid Waste Services provided by the Hamlet for areas outside the municipal boundaries will
only be provided when such Services will not impede the provision of Solid Waste Services to
customers within the Hamlet.
7.4 The Hamlet will establish additional charges, as determined by the SAO, for areas serviced outside
of the designated service area.
7.5 The Hamlet will establish additional charges, as determined by the SAO, to provide Solid Waste
Services to non-customer users, including bulk Services, contractors, tourists, or transportation
providers using Hamlet facilities.
8. Description of Services
8.1 The Hamlet shall provide a Solid Waste site to allow for the management of Solid Waste in the
Hamlet for Residential and Commercial users.
8.2 Owners wishing to dispose of Solid Waste at the Solid Waste Site must notify the Hamlet and
obtain access with Hamlet permission.
8.3 The Hamlet shall provide Trucked Services for the collection, transportation, and disposal of Solid
Waste.
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8.4 The Hamlet shall provide Residential and Commercial collection of Solid Waste weekly.
8.5 The Hamlet shall make every effort to provide safe, continuous and efficient Solid Waste Services.
Nevertheless, the Hamlet shall not be liable for any damages, including business losses:
a) caused by Solid Waste collected- from Residential or Commercial Premises;
b) caused by the interference or cessation of Services in connection with the repair, expansion,
replacement, or regular operation and maintenance of the Solid Waste site;
c) caused by the interference or cessation of Services due to adverse weather conditions, road
conditions, labour shortages, or vehicle mechanical problems;
d) generally for any accident due to the operation at the Solid Waste site unless such action has
been judged to be directly due to the negligence of the Hamlet or its employees.
8.6 Every Owner requesting an investigation into a failure or interruption in service to the Owner's
Premises shall deposit with the Hamlet the estimated cost of such investigation as determined by
the SAO. The Hamlet shall undertake the investigation and if the Hamlet's investigation reveals
that the Hamlet is the cause of the failure or interruption in service, then the deposit shall be
returned. If the SAO determines that the Hamlet is not the cause of the failure or interruption in
service, the expense incurred by the Hamlet on an 'at cost' basis shall be levied on the Owner and
the deposit deducted against that expense.
9. Authority to Cease or Restrict Service
9.1 The SAO may, without notice, cease or restrict Solid Waste Services to any customers or part of
the Hamlet should an emergency or perceived emergency exist that makes such action necessary.
9.2 The SAO may, in a non-emergency situation, including Scheduled repairs or alteration to the Solid
Waste site, cease or restrict Solid Waste Services to any customer or part of the Hamlet. The SAO
shall, when it is practical to do so, give public notice of such cessation or restriction of Solid Waste
Services to all affected customers.
9.3 The SAO may discontinue service for any of the following reasons:
a) failure to obey an order issued under subsection (4);
b) non-payment of charges or fees levied pursuant to the Enterprise Fees and Charges Bylaw;
c) blocking or obstructing Solid Waste Trucked Service;
d) failure to provide free access to Premises for authorized staff; or
e) contravention of any other section of this Bylaw.
9.4 When Solid Waste Services are discontinued, neither the Hamlet or its employees, or any
municipal officials shall be liable for any costs or damages resulting from the discontinuance.
9.5 Where this Bylaw authorizes Solid Waste Services to be discontinued, the SAO shall, when it is
practical to do so, give prior notice of Solid Waste Services being discontinued. Such notice shall
indicate:
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a) the infraction;
b) the remedy; and
c) the date that Solid Waste Services will be discontinued unless remedy is made.
9.6 When Solid Waste Services are discontinued, Solid Waste Services shall not be reinstated until
such time as there is no contravention of this bylaw and any outstanding service charges and fees
have been paid.
9.7 All costs associated with the discontinuation of service shall be the responsibility of the customer.
10. Notification
10.1
Notice from the Hamlet to a Customer shall be in writing for amount of bill due, contravention
of any provision or requirement of this Bylaw, or for any other reasons. Written notices shall be
addressed to the Customer using the address given to the Hamlet for their account.
10.2
Notice from the Customer to the Hamlet for permanent changes in Services shall be made, in
writing to the municipal office, except that notice of temporary Services scheduling may be made
by telephone or in Person.
10.3
Where public notice is required in this bylaw, the Hamlet will issue such notice through local
radio or local bulletin boards or in notices distributed with invoices.
10.4
The Hamlet will not be held responsible or liable for any reason for customers not receiving
notice.
11. Unauthorized Use
11.1
No Person shall make use of Solid Waste site without the authorization of the Hamlet.
11.2
Every Person who makes unauthorized use of the Solid Waste site shall be guilty of an offence
under this bylaw and a charge shall be levied for the estimated amount of Services used as
determined by the SAO.
12. Tampering
12.1
No Person shall tamper or interfere with any part of the Solid Waste site, except as authorized
by the SAO.
12.2
No Person shall perform operations on any part of the Solid Waste site, except as authorized
by the SAO.
12.3
Any Person who damages any part of the Solid Waste site shall be liable for the cost of such
damage but may also be subject to criminal and civil prosecution by the Hamlet or anyone else
affected by the wilful act.
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13. Prevention of Contamination
13.1
No Customer or Person shall do anything that may allow a harmful liquid or substance to enter
the Solid Waste site. The SAO may discontinue Municipal Service to any Person or customer
contravening the provisions of this section and shall be considered an offence under this bylaw.
14. Discharge of Harmful Waste
14.1
No Customer or Person shall discharge or deposit or cause or permit the discharge of waste
that may impair or interfere with the proper operation of any Solid Waste site.
15. Ownership of Private Infrastructure
15.1
Every Owner shall provide, maintain and keep in good order, repair, safe and operable
condition, sufficient Garbage Receptacles for all Residential Solid Waste or Commercial Waste
generated upon the Premises owned or managed by them; and shall only deposit Residential Solid
Waste or Commercial Waste in the Garbage Receptacles respectively and not in any other place.
15.2
No Person shall, directly or indirectly, place or permit any Person to place the following types
of restricted Solid Waste in their Garbage Receptacle, or in any other place except in accordance
with this Bylaw:
a) Hot ashes or burning matter;
b) Waste liquids or unwrapped wet household or Commercial waste;
c) Sharp objects such as broken glass, nails, knives, metal or wood splinters;
d) Individual items, other than construction waste segregated in a container, that are longer than
1.2 metres in any dimension;
e) Biomedical waste;
f) Special Waste;
g) General medical waste, unless it is securely contained in a garbage bag; and
h) Waste that is otherwise unsafe for the Hamlet to access or handle.
15.3
Every Garbage Receptacle shall be kept within the boundaries of the parcel of lands on which
the Premises that it is provided for are situated.
16. Scheduled Trucked Services
16.1
The SAO shall establish Scheduled times for the provision of Services to each Customer or area
of the Hamlet. The Hamlet collects Residential and Commercial Solid Waste once per week on
Wednesdays.
a) The Hamlet shall endeavour to provide Scheduled Services except in cases where weather
conditions, road conditions or vehicle conditions prevent Trucked Services.
b) If, due to maintenance or emergency, municipally owned Solid Waste Services are unable to
operate within the Hamlet, the Hamlet shall seek to provide back-up Services at no extra
charge to the customer.
c) Every customer requiring service at a time other than Scheduled time for such customer shall
be levied a callout fee specified in the Enterprise Fees and Charges Bylaw in addition to the
normal service charge.
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17. General Provisions Applicable to Residential and Commercial Waste
17.1
There are no restrictions on the amount of Solid Waste that the Hamlet will collect; however,
all Solid Waste must be properly bagged for pick-up and set outside. The Hamlet does not provide
recycling or organics collection Services.
17.2
Residents are responsible for supplying their own Garbage Receptacle. The Garbage
Receptacle should not be broken, hazardous, unsanitary, or dangerous to Persons handling it.
17.3
Large item pick-up (e.g., furniture, appliances, etc.) occurs once a year for one week in the
Spring season. The Hamlet shall provide advance notice of this pick-up in accordance with Section
10 of this bylaw.
17.4
No Person shall dispose of or place for collection household or Commercial Waste that has not
been strained to eliminate excess liquids, and such strained household or Commercial Waste shall
be placed in a garbage bag that completely encloses the contents and prevents any leakage or
spillage.
18. Solid Waste Collection
18.1
On collection days and prior to collection, every Garbage Receptacle shall be made readily
accessible from, and immediately adjacent to the lane adjoining the Property from which it is to
be collected and in the absence of such a lane, it shall be made readily accessible from within
three (3) meters of the street adjoining such Property.
18.2
All Solid Waste which an Owner chooses to have collected and disposed of by the Hamlet
under this Bylaw shall be placed outside for collection before 11:00 am on the designated
collection day.
18.3
On collection days, every Garbage Receptacle shall be kept at either ground level or at a height
of not more than one (1) meter above ground level.
18.4
The Hamlet will not be responsible for damage to Garbage Receptacles.
19. Solid Waste Site
19.1
The Solid Waste site is open from 8:30am to 5:00pm from Monday to Friday, except for
statutory holidays.
19.2
In the case that residents dispose of Solid Waste themselves, a key must be signed out at the
Hamlet office and returned within an hour. Upon request by the Hamlet staff member(s), the
resident must declare the type or types of Solid Waste that constitute their load for disposal. The
staff member from the Hamlet may accompany the resident to the Solid Waste site.
19.3
The resident shall identify any Special Waste and have it checked and inspected before
entering the Solid Waste site. The Hamlet staff will direct or inform of the proper disposal methods
for Special Waste.
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19.4
The accompanying Hamlet staff members that are present at a Solid Waste site at any time
are deemed to be the designates of the Senior Administrative Officer for the purposes of the
supervision and control of the Solid Waste site, including conducting inspections and providing
directions.
19.5
Every Person utilizing a Solid Waste site shall obey all signs, posted regulations and directions
of the Hamlet staff members.
20. Segregation of Waste
20.1
Every Person accessing a Solid Waste site shall segregate their Solid Waste so as to allow for
its disposal into the appropriate area designated by the Senior Administrative Officer, or as
otherwise required by the Senior Administrative Officer.
20.2
At a Solid Waste site, every Person shall deposit Solid Waste in the areas designated for that
type of Solid Waste by the Senior Administrative Officer.
20.3
No Industrial waste or Hazardous Waste is permitted in the Solid Waste site.
21. Service Charges
21.1
Service charges shall be levied in accordance with the Rates specified in the Enterprise Fees
and Charges Bylaw.
21.2
Unless otherwise provided for in this bylaw or the Enterprise Fees and Charges Bylaw, service
charges shall be due and payable monthly.
22. Payment
22.1
Bills for service charges, fees and all other penalties and charges levied pursuant to the
Enterprise Fees and Charges are due and payable no later than 30 days after the date of billing.
22.2
Bills are considered to be paid when the payment is received at the municipal office, or at such
other place as may be determined by the SAO and specified on the bill.
22.3
Overdue bills shall be subject to the late payment charge specified in the Enterprise Fees and
Charges Bylaw.
22.4
Liability to pay bills shall not be affected by any defect in the form of bill or non-receipt of a
bill.
23. Owner Liable to Pay
23.1
The Owner of a Premise receiving Solid Waste Services shall be liable for all service charges,
fees and all other penalties and charges levied pursuant to the Enterprise Fees and Charges Bylaw
and the Hamlet may make the balance of any account in arrears over sixty (60) days a charge
against the Owner.
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24. Enforcement of Payment
24.1
Enforcement of payment of service charges, fees and all other penalties and charges levied
pursuant to the Enterprise Fees and Charges Bylaw may be by:
a) discontinuance of Solid Waste Services after ninety (90) days from the date of mailing of the
bill, in respect of which payment is in default plus the imposition of a late payment charge as
specified in the Enterprise Fees and Charges Bylaw; or
b) action in any court of competent jurisdiction.
25. Changes in Use, Occupancy or Property Served
25.1
The customer shall notify the SAO in writing of any change in the use, occupancy, site served,
or any other matter which may affect the service charges or fees payable under the Enterprise
Fees and Charges Bylaw.
26. Adjustment for Charges for Partial Period
26.1
Where any service charges or fee is prescribed by the month or any other period, the amount
payable for a partial period shall be calculated by the SAO on a proportional basis, unless
otherwise provided in this bylaw.
27. Offenses
27.1
Any customer or Person who contravenes any provision or requirement of this bylaw is guilty
of an offence and upon summary conviction is liable to a fine and/or imprisonment as detailed in
the Enterprise Fees and Charges Bylaw.
28. Severability
28.1
The provisions of this bylaw are severable and invalidity of any part of this bylaw shall not
affect the rest of the bylaw.
29. Repeal
Bylaw No. 2011-06 is herby repealed.
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30. Effective Date of Bylaw
Read first time this I f.o ~y of J\Io ,J ember 2021.
Mayor
7M
Senior Administrative Officer
Read second time this I lf'.J-hday of 1\10\/ eM6f.<,.zo21.
d/ ~
~
,cy
Mayor
Senior Administrative Officer
Read third time this / lf-v;;ay of /Jfi!,f;M,,6~ 2021.
~ LZ,/'
Sen~,---P
It is hereby certified that this Bylaw No. 2021-88 has been made with the requirement/s of the Hamlet's Act and the Bylaws of
the Hamlet of Enterprise.
Senior Administrative Officer
Solid Waste Bylaw No 2021-088
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