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BY-LAW NUMBER 2024-9
BEING A BY-LAW TO ESTABLISH, MAINTAIN AND REGULATE A
SYSTEM FOR THE COLLECTION, REMOVAL AND DISPOSAL OF
WASTE IN THE TOWNSHIP OF NAIRN AND HYMAN
WHEREAS the Municipal Act, S. O. 2001, Section 11(1) provides in part, that a single-
tier municipality may pass by-laws respecting matters within the following spheres of
jurisdiction, waste management;
AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons for services or activities, for costs payable for
services or activities;
AND WHEREAS the Council of the Corporation of the Township of Nairn and Hyman
deems it expedient to so establish, maintain and regulate a system for the disposal of
waste within the municipality and to establish procedures, regulations, policies and fees
for the disposal of waste;
NOW THEREFORE the Council of the Corporation of the Township of Nairn and
Hyman enacts as follows:
1.
TITLE, SCOPE AND DEFINITIONS
1.1
SHORT TITLE
This by-law may be cited as the AWaste Disposal By-law@
1.2
SCOPE
1.2.1
The provisions of this by-law shall apply to persons, lands, structures and
uses within the boundaries of the Corporation of the Township of Nairn
and Hyman.
1.2.2
No person shall dispose of, or cause to be disposed of, any waste, refuse
or garbage except in conformity with the provisions of this by-law and
schedules annexed hereto.
1.2.3
This by-law shall not be effective to relieve, reduce or mitigate any person
from compliance with any provisions of the Public Health Act or
Environmental Protection Act or any regulations or order prescribed by
the Medical Officer of Health or the Minister of the Environment.
1.3
DEFINITIONS
For the purpose of this by-law:
1.3.1
AAshes@ shall mean the solid residue of any fuel for heating or cooking
purposes, and soot or other cleaning from chimneys, fireplaces or heating
appliances.
1.3.2
"Clear Transparent Plastic Bag" shall mean a plastic bag that is made
from a plastic resin in which no colour dyes have been added.
Page | 2
1.3.3
ACommercial@ shall mean anything pertaining to premises occupied and
used as a retail or wholesale outlet for services or materials that are or
intended to be offered for sale to the general public.
1.3.4
ACommercial Garbage@ shall mean any and all refuse generated by any
hotel, apartment block greater than six units, marina, store or industrial
manufacturing establishment, or any premises occupied and used for any
retail wholesale or service outlet where goods and/or services are
intended to be offered for sale.
1.3.5
AContractor@ shall mean the person, persons, limited company or
Corporation retained by the municipality to collect, remove, transport and
deliver to an approved site, ashes, garbage or other refuse, and where
the context permits, the workers and employees of the contractor.
1.3.6
AConstruction Material@ shall mean waste that is derived from construction
processes and of sufficient size, volume or weight that would make it
unsuitable for its disposal in garbage bags or containers.
1.3.7
ACouncil@ shall mean the Corporation of the Township of Nairn and
Hyman.
1.3.8
"Curb" shall mean the border along the edge of a road.
1.3.9
"Curb-side Collection" means the collection of curb-side garbage or
recycling by a contractor or third-party contractor in eligible areas as
defined by the municipality.
1.3.10
ADisposable Solid Waste@ shall mean and include garbage, refuse and
litter but shall not include recyclable materials.
1.3.11
ADomestic@ shall refer to anything pertaining to premises occupied and
used solely as human habitation which includes apartment blocks six
units or less.
1.3.12
AFill Area@ shall mean the operative area of the Landfill Site which is
designated as an area for disposal of waste and the subsequent covering
by earth fill.
1.3.13
AGarbage@ shall mean and include all vegetables and animal matter
subject to decay, whether it be household, commercial or industrial waste
and shall include the receptacles and wrappings in which the same is
placed.
1.3.14
AGarbage Bags@ shall mean garbage bags manufactured for the use of
garbage disposal.
1.3.15
AGarbage Collection Schedule@ shall mean a schedule prepared by the
municipality to give owners and occupiers of the premises notice as to the
day upon which vehicles will call to pick up disposable solid waste.
1.3.16
AGarbage Packer Truck@ shall mean a truck with an enclosed load-
carrying receptacle and machinery used to compact the load.
1.3.17
AHighly Combustible Material@ shall include: photographic film, celluloid,
gasoline, oil or other flammable liquid, or materials soaked with any of the
same.
1.3.18
AHousehold Hazardous Waste@ shall include: paints, stains, varnish,
urethane, oils, herbicides, pesticides, car batteries, pharmaceutical, pool
Page | 3
chemicals, gas cylinders and any items considered a risk.
1.3.19
AIndustrial@ shall mean anything pertaining to premises occupied and used
for an industrial of manufacturing purpose.
1.3.20
AIndustrial Waste@ shall mean waste derived from industrial processes and
being of sufficient size, volume and weight that would make it unsuitable
for disposal using garbage bags or containers.
1.3.21
ALandfill Site@ shall mean waste disposal sites designated and operated
by the Corporation of the Township of Nairn and Hyman for the disposal
or transfer of waste in accordance with the provisions of this by-law and
the terms and conditions of a certificate of approval issued by the Ministry
of the Environment and set out in Schedule AA@ to this By-law.
1.3.22
AOccupier@ shall mean a person who is in physical possession of premises
or who has responsibility for control over the condition of premises or the
activities there carried on, or control over persons allowed to enter the
premises.
1.3.23
AOperating Authority@ shall mean the Corporation of the Township of Nairn
and Hyman or its authorized representatives.
1.3.24
AOwner@ shall include the occupier of property and the person from the
time being, managing or receiving rent of the land or premises in
connection with which the work in used whether on their own account or
as an agent or trustee of any other person or who would so receive the
rent of such land and premises where rented, and shall also include a
lessee or occupier of the property who under the terms of the lease is
required to repair and maintain the property in accordance with municipal
by-laws.
1.3.25
APremises@ shall mean and include, one self-contained dwelling unit,
residential or commercial; and in cases where buildings are subdivided
and in possession of two or more occupiers, each occupier shall be
deemed to be an occupier or premises within the meaning of this by-law.
1.3.26
AProhibited Waste Materials@ shall mean any waste other than garbage
and as set out in Schedule AC@ to this by-law.
1.3.27
"Recyclable Material" shall mean any material listed in Schedule "D" to
this by-law.
1.3.28
"Recycling Depot" shall mean the location designated at the Municipal
Landfill Site at which residents who do not have residential curb-side
collection of recyclable materials may drop off identified recyclable
material in the designated collection receptables in accordance with the
posted regulations.
1.3.29
ARefuse@ shall mean and include all waste material such as broken
crockery and glass, jars, bottles, bones, discarded wearing apparel and all
kinds of refuse not subject to decay other than those items accepted by
recycling.
1.3.30
"Residence/Residential" shall mean any dwelling unit as identified as
residential in the Township's Zoning By-law.
1.3.31
AScavenging@ shall mean the unauthorized removal of reusable materials
from in, around or among disposable solid waste at the Sites.
Page | 4
1.3.32
AScrap Metal Area@ shall mean the area on the Sites designated by signs
or otherwise for the placement of metal, steel, iron, aluminum or other
materials.
1.3.33
ASeptic Waste@ shall mean all the household wastes that are disposed of
through a home or business= plumbing system.
1.3.34
ATipping Fees@ shall be a fee, as established by the Council and set out in
Schedule AB@ to this by-law.
1.3.35
ATownship@ shall mean the Township of Nairn and Hyman.
1.3.36
AWaste@ shall mean garbage, refuse and other materials generated from
domestic household sources and similar uses approved for disposal by
the Ministry of the Environment and the Township, at the Landfill Site and
shall for the purpose of this definition include solid industrial waste.
1.3.37
AWaste Disposal Attendant@ shall mean and official duly appointed by the
Council responsible for the supervision and operation of the Landfill Site
and for the administration of this By-law.
1.3.38
AWhite Metals@ shall mean refrigerators, freezers, stoves, ovens, hot water
heaters, water tanks, washing machines, clothes dryers and similar such
items, goods and materials.
1.3.39
AWood Area@ shall mean the area in the Site designated by signs or
otherwise for the placement of wood, brush, tree branches or other wood
materials at the municipal landfill site.
2.
MUNICIPAL LANDFILL SITE
2.1
No person shall use any lands within the Township of Nairn and Hyman
for the purpose of a waste disposal site except lands designated by by-
law for such use by the Council of the Corporation of the Township of
Nairn and Hyman and the Ministry of the Environment.
2.2
The municipal Landfill Site shall be operated and maintained by the
Township in accordance with the terms and conditions of the Site
Certificate of Approval, the provisions of this by-law, and the requirements
of the Ministry of Environment.
2.3
Notwithstanding any other penalty or remedy of law available to the
Township, the owner, occupant, lessee or person using any structure or
lands within the boundaries of the municipality for the dumping or
disposing of garbage, refuse, industrial waste, hazardous materials or
waste of any kind where such lands or structures are not designated as a
waste disposal site, shall upon notice served by the Township cease
using such lands or structures for such purposes and to remove such
garbage, refuse, industrial waste, hazardous materials or other waste in
the manner as may be prescribed by the Township.
2.4
HOURS OF OPERATION
2.4.1
No person shall deposit refuse, garbage, trade and industrial waste and
building materials in the site other than those days and during those times
as may be established by the Council from time to time. Notice of such
dates and times and any changes thereto shall be published by the
Township in an appropriate manner.
Page | 5
2.4.2
Notwithstanding the provisions of Section 2.4.1 above, public access to
the Municipal Landfill Site shall be restricted to those times when a
Township Waste Disposal Attendant is on duty and in attendance at the
site.
2.4.3
No person shall trespass on the Municipal Landfill Site except as is
required to transfer material to the site in accordance with this by-law, or
as is necessary to conduct lawful business with the Township during the
designated hours of operation of the Municipal Landfill Site in the
presence of the Waste Disposal Attendant or other Township Official.
3.1
GENERAL PROVISIONS-DOMESTIC WASTE
3.1.1
No person shall dispose of, or cause to be disposed, domestic waste at
the Municipal Landfill Site that originates or is generated from a location
or use outside of the municipal boundaries of the Townships of Nairn and
Hyman. No person whose property is vacant shall be permitted to
dispose of waste at the Municipal Landfill Site.
3.1.2
Persons shall dispose of permitted waste at the Municipal Landfill Site in
accordance with the directions of the Waste Disposal Attendant and in
accordance with the provisions of this by-law and the Ministry of the
Environment.
3.1.3
Domestic waste shall include waste from residential buildings, motels,
campgrounds and residential apartments which includes apartment blocks
with six units or less.
3.2
INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL COLLECTION
3.2.1
Commercial, Industrial and Institutional establishments shall keep their
premises free of accumulated garbage or rubbish and shall make such
arrangements at their own expense for the collection and removal thereof.
3.2.2
Commercial, Industrial and Institutional garbage or recycling is not
permitted at the Nairn and Hyman Township Waste Disposal Site or the
Recycling Depot. They must make arrangements with a licensed hauler
to collect and dispose of this garbage or recyclable materials at an
alternative licensed disposal site.
3.3
CONTAINERS AND GARBAGE BAGS
3.3.1
Every owner of property shall place clear transparent plastic garbage
bags for collection on the road allowance directly adjacent to their own
property and may place the bag in a plastic or aluminum garbage can.
3.3.2
No person shall place garbage for collection by the Township unless the
same has been packaged or prepared in accordance with this by-law.
3.3.3
Garbage may be placed in containers equipped with tightly fitted lids and
proper handles and may be refused for collection if the containers are not
in a safe condition in the opinion of the municipality and/or contractor. All
waste is to be securely placed inside clear transparent plastic bags and
tied. White goods are not to be used as storage containers at the curb.
3.3.4
Garbage bags and containers:
a)
Shall be kept on the premises that is the source of the waste being
disposed of; and
Page | 6
b)
Shall be placed for collection by the Township in the manner and
location prescribed in this by-law prior to 6:00 am on the day of
collection.
c)
A maximum of three (3) bags of household waste shall be collected
from each individually assessed property for each collection.
d)
A maximum of three (3) bags of household waste generated from
each unit in a multi-unit apartment or condominium buildings shall
be collected from each individually assessed property for each
collection.
e)
Every owner of property can use up to three opaque or solid
coloured privacy bags for personal garbage items per week and is
to be placed inside the larger clear bag. The privacy bag can be
no larger than 50.8 centimeters by 55.88 centimeters (20" by 22").
f)
Any garbage bags that are not clear and transparent plastic and
have any visible recyclable materials in the clear bag will be left at
the curb and turned away for the landfill site.
3.3.5
Garbage collection shall be carried out by the Township/Contractor on a
weekly basis and is subject to change with notice being given by
advertisement whenever possible.
3.3.6
Every clear transparent plastic bag shall be securely tied to prevent
spillage and be of sufficient thickness to eliminate tearing and the weight
of the contents shall not cause breakage of the bag and shall not weigh
more than 20 kilograms (forty-four pounds) and be no larger than eighty
(80) litres.
3.3.7
No person shall allow garbage or other refuse to accumulate upon any
premises or keep any container, receptacle or repository for waste
material on premises in such a condition or in such a location that the
same is a nuisance or emits foul or offensive odors, harbors or attracts
rodents or insects, animals or birds. All garbage/refuse not contained in a
covered container shall be protected from rodents, animals, insects or
birds. Should the container(s), receptacles(s) be damaged prior to
collection, the municipality will not be obligated to pick up the disturbed
garbage/refuse until the debris is placed in an approved
container/receptacle.
3.3.8
No person shall place containers and/or bags for collection in accordance
with this by-law except during the time specified herein for collection for
the same by the Township/Contractor.
3.3.9
No person shall place hazardous or highly combustible materials in a
garbage container for collection by the Township/Contractor in
accordance with this by-law, either in a separate form or combined with
other disposable solid waste material.
3.3.10
No person shall knowingly spill, scatter, deposit, throw, cast, lay or cause
to be thrown any waste on any street, lane, alley, laneway, public or
private way, or in any public square, place or private lot.
3.3.11
For the purpose of this by-law, the definitions and interpretations given in
this by-law shall govern. In this by-law, AShall@ is mandatory; words in the
singular include the plural; words used in the masculine gender include
the feminine and vice versa.
3.3.12
Recyclable materials shall not be mixed with waste.
Page | 7
4.0
MANAGEMENT/OPERATION OF THE MUNICIPAL LANDFILL SITE
4.1
The Municipal Landfill Site shall be under the supervision of the Municipal
Superintendent or other authorized Township Official. Adequate staff
shall be maintained by the Township to supervise the dumping of
disposable solid waste and to cover the same with earth following the
sanitary fill method of disposal.
4.2
No person shall place disposable solid and septic waste, and eligible
recyclable materials at the Site as specified on Schedule AC@ and
Schedule "D" as attached to this by-law except during the hours of
operation without approval from the Township.
4.3
No person shall deposit disposable solid or septic waste at the Site
coming from a source as not prescribed on the Certificate of Approval.
4.4
All waste delivered to the Site as authorized by the operating authority
shall be placed under the direction of the Waste Disposal Attendants
and/or other authorized authorities. No scavenging shall be permitted at
the landfill site.
4.5
No person shall enter onto the Site for any purpose other than depositing
disposable solid waste in permitted areas without prior approval of the
operating authority. Any person or business that violates any of the
sections in this by-law may be prohibited from using the landfill site.
4.6
Fees for the disposal of waste at the Site shall be established by Council
and as set out in Schedule AB@ as attached to this by-law. Notice of such
fees and any charges thereto shall be published by the Township in an
appropriate manner and shall be applicable to all persons authorized to
use the Site. The municipal supervisor or designate will set the applicable
fees according to the size of the load(s).
4.7
Tipping fees shall apply to anyone if they are disposing of waste or
materials from highway accidents or construction materials from
residential homes.
4.8
The municipality reserves the right to determine specific tipping fees for
individuals that request special consideration due to large volumes of
material.
4.9
The municipality reserves the right to request a soils report or analysis to
determine the classifications of materials to be accepted prior to arrival on
site. The municipality may refuse to accept any refuse for any length of
time should circumstances warrant it.
4.10
All concrete, wood, metal, tires and domestic garbage must be separated
prior to dumping and these must be dumped in the proper designated
areas.
4.11
White goods delivered to the landfill site, must not be mixed with other
waste. Any white goods containing (Freon) fluorocarbon refrigerants,
commonly known as Freon must display a proper tag or notice signed by
a certified person, that it is empty of fluorocarbon refrigerants. This
certified person must be registered with the municipality. If these items
are not tagged, they are not permitted to be disposed of at our Landfill
Site. Individuals disposing of white goods are responsible to ensure that
these items are properly tagged. These costs are not the responsibility of
the municipality.
Page | 8
4.12
Property owners will be allowed up to two passes per year for a half ton
truck of household waste at no charge.
4.13
The municipality may refuse to take any waste if it may affect the
operation or life span of the landfill site.
4.14
Proper identification, in the form of a landfill pass, is required for entry to
the landfill site to the satisfaction of the municipality.
4.15
The municipality may grant permission to contractors engaged in disposal
business to enter the landfill site after hours and they must supply a
written report upon request.
4.16
From time to time items with a salvage value may come available for sale.
These items will be reasonably valued by the Municipal Superintendent,
or his designate and upon sale, a receipt shall be issued. There will be no
guarantee of merchantability for any item purchased.
5.
SEPTIC WASTE DISPOSAL
5.1
Septic waste from either residential or commercial properties will only be
accepted if it has originated from a property within the geographical
boundaries of the Township of Nairn and Hyman.
5.2
Septic waste will only be disposed of at the township landfill by those
companies registered to do so with the township.
5.3
Those septic waste disposal companies registered with the township will
submit monthly invoices detailing which residence or business material
has been taken from for that month. This is in order to catalogue where
septic waste is coming from in order to prolong the life of the township
landfill and to maintain necessary regulations from the Ministry of the
Environment.
6.
RECYCLING DEPOT
6.1
Occupants of residential properties located within the geographical area
of the Township of Nairn and Hyman who do not receive curb-side
collection of recyclable materials may drop off identified recyclable
material in the designated collection receptables in accordance with the
posted regulations. The recycling depot will only be open during the
designated Municipal Landfill hours of operation.
6.2
Only Recyclable Materials as listed in Schedule "D" to this by-law will be
accepted at the Recycling Depot.
6.3
Recyclable Materials shall not be accepted from Commercial, Industrial
and Institutional establishments.
6.4
Proper identification, in the form of a landfill pass, is required for entry to
the Recycling Depot to the satisfaction of the municipality.
7.
LANDFILL SITE SECURITY
7.1
Keys to the landfill gates will at times be lent out to those companies
authorized by the township to use the landfill after hours. If found to be in
violation of this by-law, the Township of Nairn and Hyman reserves the
Page | 9
right to deny access of the landfill to any company who was authorized to
have a key and use the landfill after hours.
8.
PENALTIES AND ENFORCEMENT
8.1
Any person guilty of an infraction of any provisions of this by-law shall on
conviction pay a fine or penalty not exceeding $5,000.00 exclusive of
costs, for each and every offence and such penalty shall be recoverable
under the Provincial Offenses Act. Upon conviction for a breach of the
provisions of this by-law, the court of jurisdiction may make an order
prohibiting the continuation or repetition of the offence by the offender,
and denied entrance into the Municipal Landfill Site for up to five (5)
years.
9.
ADMINISTRATION
9.1
The Waste Disposal Attendant shall supervise all operations at the
Municipal Landfill Site and Recycling Depot area and shall enforce
compliance with the provisions of this by-law.
9.2
Council may authorize studies and programs and prepare policies for the
maximization of the life expectancy, efficiency and effectiveness of the
Municipal Landfill Site and the reduction, reuse and recycling of waste.
9.3
Written authorization for commercial and/or industrial businesses must be
obtained at the municipal office prior to disposing of any waste and/or
tires at our Landfill Site. The applicable forms must be completed prior to
disposal. Residents may be allowed to pay tipping fees at the landfill site
or they may prepay at the municipal office.
9.4
The Township may by resolution of Council grant minor variances to the
provisions of this By-law where Council in its sole discretion deems that
such actions are within the public interest and not contrary to the intent of
this By-law.
9.
SCHEDULES
9.1
The following schedules annexed and attached to this by-law shall form a
part of this by-law:
Schedule AA@ - Description of Landfill Site
Schedule AB@ - Tipping Fees
Schedule AC@ - Prohibited Waste Materials
Schedule "D" - Recycling Depot - Accepted Recyclable Materials
10.
IMPLEMENTATION
10.1
Should any provision of this By-law including any provision contained in
one or more of the attached Schedules be determined by a court of
competent jurisdiction to be invalid or void and of no force and effect, it is
the stated intention of Council that such invalid provision shall be
severable and the remainder of this By-law including any applicable
Schedule shall continue in full force and effect.
10.2
Should any Section or part of a Section of this By-law or Schedule hereto
be declared by a court of competent jurisdiction to be invalid, the same
shall not affect the provisions of this By-law as a whole or any part thereof
other than the part declared to be invalid.
Page | 10
10.3
The use of clear transparent plastic bags for garbage shall take effect on
September 2, 2015.
10.4
That this by-law rescinds By-law number 2020-5.
Read a first and second time this 8th day of April, 2024.
Read a third time and finally passed this 8th day of April, 2024.
__________________________
MAYOR
__________________________
CLERK
Page | 11
SCHEDULE AA@
TO BY-LAW # 2024-9
DESCRIPTION OF LANDFILL SITE
The landfill site is located in the geographic Township of Nairn, Concession 3, Part of
Lots 11 and 12, with an approved Certificate of Approval from the Province of Ontario C
of A No. A541805). The site is located approximately 60 kilometers east of the City of
Greater Sudbury.
MAP OF LANDFILL SITE
Page | 12
SCHEDULE AB@
TO BY-LAW # 2024-9
TIPPING FEES
Tipping fee schedule for all garbage and refuse brought for deposit in the Township=s
Landfill Site. The person designated by the municipality will estimate the amount of
waste at his or her discretion.
DESCRIPTION
FEE CHARGED
White goods, upholstered couches
$ 5.00 each item
or chairs, mattresses, box springs,
oil tanks, electronic items
Boats (20 feet or less)
$ 30.00 each
Disposable Solid Waste
$ 15.00 per cubic yard
Disposal of brush or clean scrap
No charge
wood with a one tonne vehicle or less
Disposal of domestic garbage from residence
No charge
who do not receive regular curb side garbage
pickup (limit three (3) bags per week)
Disposal of bagged waste in excess of
$ 2.00 per item
the three (3) bag limit
To open landfill site after hours
$100.00 for the 1st hour or part
hour and $30.00 per hour
after the 1st hour plus a 10%
administration fee
Septic waste - Tipping fees for septic waste
disposal are assigned to those companies
registered to dispose of septic waste within
the township.
$ 50.00 per residential property.
$ 150.00 per commercial
property
Landfill site passes
No charge
Landfill site replacement passes
$ 5.00 for each pass
Landfill Gate Key
$100.00 deposit
All applicable taxes are included in the above noted fees.
Page | 13
SCHEDULE "C"
TO BY-LAW # 2024-9
PROHIBITED WASTE MATERIALS
The following items shall be prohibited from disposal within the licensed landfill area of
the Municipal Landfill Site:
hazardous waste, except those approved by the Ministry of the Environment.
Car bodies
Farm machinery
Recyclable waste (includes clean corrugated cardboard)
Hay, straw, manure and grass clippings
Hot ashes
White metal with (Freon) fluorocarbon refrigerants
Propane tanks
The following materials will be accepted for disposal in designated areas and under the
provisions of this by-law:
Asphalt shingles
Cardboard
Household garbage
Scrap metal
Shingles/drywall
Septic Waste
Tires/tires on rims
White metal that has been drained of (Freon) fluorocarbon refrigerants and
properly tagged by an authorized person.
Page | 14
SCHEDULE "D"
TO BY-LAW # 2024-9
RECYCLING DEPOT - ACCEPTED RECYCLABLE MATERIALS
The following materials will be accepted:
- Food, Beverage and other Metal Cans (includes dry paint cans with lids
removed)
- Aluminum Foil Wraps and Trays
- All Rigid Plastic Containers #1-6 (But Not Styrofoam)
- Milk and Juice Cartons & Juice Boxes
- Newspapers, Inserts, Magazines, Phone Books, Paperbacks & Hardcover
Books, and Household Print Paper
- Cardboard Boxes with "Corrugated" Waffle
- Boxboard Single-Layered Boxes, including Cereal, Tissue, Detergent, and
Cardboard Egg Cartons & Tissue Cores
Please empty and rinse all food containers
All cardboard boxes must be flattened