Waste Collection and Disposal Bylaw No. 39 of 2020

Prince Albert, Saskatchewan

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CITY OF PRINCE ALBERT BYLAW NO. 39 OF 2020 Disclaimer: This consolidation is not an Official Copy of the Bylaw. Amendments have been incorporated solely for research convenience purposes only. Original Bylaw and amendments are available from the City Clerk's Office and must be consulted for purposes of interpretation and application of the law. 1 | P a g e WASTE COLLECTION AND DISPOSAL BYLAW BYLAW NO. 39 OF 2020 Including the Following Amendments: AMENDMENTS DATE PASSED Bylaw No. 3 of 2021 February 3, 2021 Bylaw No. 21 of 2021 November 29, 2021 Bylaw No. 12 of 2023 July 10, 2023 OFFICE CONSOLIDATION 2 | P a g e Table of Contents 1. PURPOSE ............................................................................................................... 3 2. DEFINITIONS .................................................................................................. 3 3. RULES OF INTERPRETATION ......................................................................... 8 4. BASE LEVEL OF SERVICE .............................................................................. 9 5. COLLECTION TIME ......................................................................................... 9 6. STORAGE OF WASTE ................................................................................... 10 7. WASTE PREPARATION................................................................................. 10 8. TYPES OF WASTE ........................................................................................ 10 9. CONTAINERS ............................................................................................... 11 10. LANDFILL WASTE DISPOSAL ....................................................................... 14 11. RESIDENTIAL UTILITY SURCHARGE ............................................................ 16 12. RESIDENTIAL WASTE RESTRICTIONS ......................................................... 17 13. CONSTRUCTION WASTE .............................................................................. 18 14. RIGHT OF ENTRY ......................................................................................... 19 15. DAMAGE TO CONTAINERS ........................................................................... 19 16. WITHHOLD COLLECTION SERVICE .............................................................. 20 17. RECYCLABLE MATERIAL PERMITTED IN RESIDENTIAL ROLL-OUT BINS .... 20 18. INDUSTRIAL COMMERCIAL AND INSTITUTIONAL (ICI) RECYCLABLES ......... 20 19. CITY WASTE AND RECYCLING FACILITIES .................................................. 21 20. RIGHT TO INSPECT WASTE ......................................................................... 21 21. UNACCEPTABLE WASTE .............................................................................. 22 22. WASTE FACILITY RESTRICTIONS ................................................................ 23 23. RADIOACTIVE WASTE .................................................................................. 23 24. HYDROCARBON CONTAMINATED SOIL ....................................................... 23 25. INOPERATIVE SCALE ................................................................................... 24 26. UNSECURED LOADS .................................................................................... 24 27. GENERAL OFFENCES .................................................................................. 25 28. SPECIFIC OFFENCES............................................................................. 26 29. NOTICE OF VIOLATION AND REMEDIAL ORDERS ........................................ 27 30. VIOLATIONS AND PENALTIES ...................................................................... 28 31. EARLY PAYMENT................................................................................... 29 32. PROSECUTIONS.................................................................................... 30 33. CIVIL ACTION TO RECOVER COSTS.........................................................31 34. ADDING AMOUNTS TO TAX ROLL FOR CONTRAVENTIONS..........................31 35. COMPLIANCE WITH OTHER LAWS................................................ .. ........ 32 36. POWERS OF THE DIRECTOR OF PUBLIC WORKS........................... .......... 32 37. GENERAL................................................................................. .. ..........34 38. REPEAL................................................................................. .. ............ 34 39. COMING INTO FORCE............................................................ ... ............. 35 Schedule "A" ...................................................................................................... 356 Schedule "B" ........................................................................................................ 38 Schedule "C".................................................................................................38 Schedule "D".................................................................................................38 3 | P a g e WHEREAS the Council of The City of Prince Albert may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property, nuisances, services provided by or on behalf of the municipality, public utilities, and the enforcement of bylaws; and WHEREAS it is desirable to regulate and control the storage, collection and disposal of waste within the City of Prince Albert; NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS: 1. PURPOSE: The purpose of this Bylaw is to protect the health of people and protect the Environment by regulating and controlling the storage, collection, processing and disposal of waste and recyclables within the City of Prince Albert, and to levy rates and fees for certain services provided by the City. 2. DEFINITIONS: In this Bylaw: a. "Accessible" shall mean within 1.8 meters (6 feet) of the curb and preferably on the street side of the curb and allowing ease of collection of receptacles or containers without obstruction from such things as parked vehicles or snow windrows; b. "Alley" means a narrow highway providing access to the rear of buildings and parcels of land; c. "Base Level of Service" means the collection, processing and disposal of waste from residential premises in accordance with the requirements and within the volume limits outlined in this Bylaw; 4 | P a g e d. "Bundle" means tied clippings of shrubs and trees; e. "Bylaw Enforcement Officer" shall mean any person appointed as a bylaw enforcement officer by Council to administer and oversee bylaw enforcement for the City as permitted and authorized by section 337 of The Cities Act or pursuant to other legislative authority; f. "City" means the municipal corporation of the City of Prince Albert; g. "City Manager" means the chief administrative officer of the City or delegate; h. "Commercial" means all other zoned facilities not residential within the municipal zoning map; i. "Commercial quantities" means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person's residence; j. "Community Recycle Depot" means an area that contains recycling bins for collection by the City; k. "Container" means a container or bin supplied by the City for the disposal of waste as applied to automated waste collection; l. "Director of Finance" means the Director of Finance of the City or delegate; m. "Director of Public Works" means the City Engineer of the City or delegate; 5 | P a g e n. "Dwelling" means a self-contained unit comprised of one or more rooms accommodating sitting, sleeping, sanitary facilities, and a principal kitchen for food preparation, cooking, and serving; o. "Employee" shall mean a person employed by the City of Prince Albert; p. "Garbage" means waste that is not recyclable; q. "Hazardous Waste" means waste that is generated by non-residential premises and is defined in the Environmental Management and Protection Act, 2010 and any successor to that legislation; r. "Household Hazardous Waste" means waste that is generated by residential premises that requires special handling and contains corrosive, toxic, flammable, or reactive ingredients as specified by the Ministry of Environment for the Province of Saskatchewan; s. "Landfill" means the Prince Albert Regional Landfill, being the area designated for waste disposal; t. "Litter" means any and all miscellaneous waste which when discarded, dropped, placed, blown or carried onto any sidewalk, street, boulevard, lane, park, public place or private premises, contributes to untidiness and detracts from City cleanliness; u. "Material Recovery Facility" means the processing facility for recyclable waste streams; v. "Medical Sharp" means a needle device or any non-needle sharp used for withdrawing body fluids, accessing an artery or vein, administering 6 | P a g e medications or other fluids, or any other device that can reasonably be expected to penetrate the skin or any other part of the body; w. "Medical Waste" means waste that is generated by residential premises for the purpose of home medical care; x. "Mixed-Use Site" means a property which contains both residential and non- residential premises; y. "Multi-Unit Residential" means: i. a class of building containing more than one dwelling unit, except for row housing where each dwelling unit is on a separate tax parcel; or ii. a class of property containing more than one building with dwelling units on a single tax parcel; z. "NCSWMC" means North Central Saskatchewan Waste Management Corporation; aa. "NCSWMC Member" means any municipality, first nations reserve, or entity contributing an annual fee to the North Central Saskatchewan Waste Management Corporation; bb. "Non-Residential Premises" means any property, or self-contained portion of a property, that does not contain a dwelling unit; cc. "Non-Residential Waste" means waste that is generated from non- residential premises; dd. "Occupant" means the occupant of a premises, the lessee or tenant of a premises, or the property management company that holds itself out as responsible for the maintenance of a premises; 7 | P a g e ee. "Owner" means the person shown as the owner on the land title for a property, as applicable; ff. "Person" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative; gg. "Pharmaceutical" means a compound manufactured for use as a medicinal drug to diagnose, cure, treat or prevent disease, and includes prescription drugs and over-the-counter drugs; hh. "Police Officer" means any sworn member of a police force in Saskatchewan, and any person appointed pursuant to The Police Act, 1990 as a special constable or peace officer; ii. "Property" means a registered parcel of land; jj. "Property Maintenance Appeals Board" means a local appeal board established by the City pursuant to subsection 329(1)(a) of The Cities Act; 2003; kk. "Receptacle" shall mean a plastic bag, garbage container, bin, or bundle supplied by the occupant for holding waste as applied only to manual waste collection. A plastic bag shall be sturdy enough to hold its contents. A garbage container is a receptacle suitable for storing waste. A garbage container is generally of tapered design, no taller than 75 centimeters at the bottom, and the lid is not attached. A receptacle can have a maximum volume of 100 liters and must not exceed 20 kg; ll. "Residual Waste" shall mean waste that is not diverted to the Waste Diversion Area and is thus processed and permanently stored in the Landfill cells; 8 | P a g e mm. "Residential premises" means any property, or self-contained portion of a property, that contains one or more dwelling units; nn. "Residential waste" means waste that is generated from residential premises; oo. "Reuse Centre" shall mean the area at the Landfill and operated by the City set aside for certain waste materials for reuse; pp. "Single unit residential" means: i. A class of building containing no more than one dwelling unit; ii. Row housing where each dwelling unit is on a separate tax parcel; or iii. A mobile home located in a trailer park; as determined from property assessment records or other means including on site verification. qq. "Waste" means any material that is set out for collection or any material disposed of at a City waste facility, and includes residential waste, non- residential waste, yard waste, recyclable material and household hazardous waste; rr. "Waste Diversion Area" shall mean the area of the Landfill set aside for the diversion of waste for reusable purposes. 3. RULES OF INTERPRETATION: The table of contents, marginal notes and headings in this Bylaw are for reference purposes only. 9 | P a g e 4. BASE LEVEL OF SERVICE: a. The City shall provide the base level of service for all residential premises located within the collection area. b. The waste service rate is not based on the volume of waste collected, processed or disposed from residential premises. 5. COLLECTION TIME: a. The City shall determine the collection days for residential premises in the collection area. Collection may occur between 7:30 am and 6:00 pm on the collection day, with the exception of circumstances that require the collection day to be extended in order to provide the base level of service. Applies to recycle and residual waste. b. In order for waste to be collected from residential premises, it shall be set out for collection prior to 7:30 am on the scheduled collection day. c. A person shall not set out waste for collection at any front yard or curbside collection location before 4:00 pm the day prior to collection day. d. A person shall remove containers from any front yard or curbside collection location no later than noon the day following collection day. e. The City may extend the collection day to include the day before and the day after the regularly scheduled collection day in the event of severe weather, unusually large waste volumes, or other circumstances that require the collection day to be extended in order to provide the base level of service. 10 | P a g e 6. STORAGE OF WASTE: a. An owner or occupant shall store waste on the premises from which it was generated. b. A person shall not deposit waste in a container or bin without the consent of: i. The owner of the container or bin; ii. The owner of the property where the container or bin is located; or iii. The occupant of the property where the container or bin is located. 7. WASTE PREPARATION: Waste set out for collection from residential premises must comply with the following requirements. i. Waste must be placed bagged in a container; ii. Containers must not be filled beyond the level of the container rim or interfere with the container lid. Lid must be closed. iii. The contents of the container must not be packed or jammed tightly in the container and must fall freely from the container during collection. iv. Containers or lids must not be chained or tied to the fence or container enclosure; v. The lid must not be chained or tied to the container. 8. TYPES OF WASTE: a. Animal Waste - Animal waste may be set out for collection only if it is double bagged and securely tied. b. Dusty Waste - Dusty waste such as sawdust, powders, ashes (cooled), vacuum cleaner bags, furnace filters may be set out if it is bagged. 11 | P a g e c. Medical Waste - Medical waste generated from residential premises may be set out for collection only if the waste is double bagged, securely tied and does not contain medical sharps or pharmaceuticals. d. Sharp Objects - Sharp objects such as glass, nails, screws, razor blades, knives, metal scraps, or wood splinters may be set out for collection only if the sharp objects are placed in a cardboard box and marked as such. Medical sharps may not be set out for collection. e. Yard Waste - Waste generated from residential gardening or horticultural activities may be set out for collection only if it is: i. Packaged in compostable yard waste paper bags; ii. Securely tied in bundles no more than 1 meter in length and 0.75 meter in diameter; and iii. Weighs no more than 20 kg; and iv. Packaged in a manner that is safe for the employee to access or handle. 9. CONTAINERS: a. Multi-Unit Residential: - City provides curb side waste pickup service up to and including four unit dwellings - An owner, building operator or occupant of multi-unit residential premises shall comply with the following requirements: i. The Director of Public Works shall be responsible for determining the location for the containers; ii. Containers shall be located to allow for safe, efficient and direct collection vehicle access; iii. Any obstacle (e.g. snow, ice, mud, excessive waste near or around bins) must be thoroughly removed and cleared to allow access to containers, including to the point the container meets the access point of the collection vehicle; iv. Containers shall not be filled higher than the upper rim of the bin or in any manner which prevents full closure of the lids; v. Container lids must be left closed except when placing waste in the bin; 12 | P a g e vi. Roll-out container must be taken back to property after emptying to avoid damage to bin. vii. Multi-unit dwellings utilizing the waste or recycling services of the City of Prince Albert, shall pay, on a per-unit basis, the single family residential dwelling rate identified in Schedule "C" of this Bylaw. b. Single Residential: - An owner or occupant of residential premises shall ensure waste is set out for collection according to the following requirements: i. Immediately adjacent to a street or alley; ii. At a location where the employee will have easy, direct and safe access to the containers or bags and a minimum of one meter away from parked vehicles; iii. If intended for front street collection: a. On the occupant side of the curb, if there is no sidewalk; b. On the occupant premises adjacent to the sidewalk if there is a sidewalk joined to the curb; or c. On the boulevard adjacent to the curb if there is a separate sidewalk with a boulevard; iv. At the bottom of the walkway or stairway if there is a walkway or stairway adjacent to the street or alley; v. At the rear of the property, adjacent to the alley, no higher than 30 cm above alley level; vi. Adjacent to the front curb or edge of the sidewalk, and located so as to not interfere with users of the roadway or sidewalk. vii. Where special conditions exist, such as unimproved alleys, steep grades, retaining walls, short isolated alleys, dead end alleys, or any condition that makes collection from the alley impractical or unsafe, the City may consider other way of collection; viii. A person shall not set out containers or bags at locations that are unsafe, obstructed, poorly maintained, have uneven surfaces or that in any way 13 | P a g e prevent employees from collecting waste in a safe and efficient manner during any season; ix. A person shall store containers at a location between the front wall of the residential premises and the rear property line. c. Commercial: - A person shall ensure that the design, construction and state of repair of any waste storage enclosure at a set out location allows for the safe and efficient collection of waste and meets the following requirements: i. Doors of the waste storage enclosure should not be locked. ii. Doors should be hinged at the sides with the bottom of the door located a minimum of 15 cm above grade level; iii. Door latches should open easily even in cold weather; iv. Enclosure should allow a minimum clearance of 30 cm above the containers and lids; v. Enclosure should be constructed in such a way that it does not require collectors to lift containers or bags higher than 15 cm over an obstacle; vi. Enclosure should be easily recognizable and should not be disguised or hidden from view. d. Additional Containers: - Additional containers are available from the City for properties that require more than one automated residual waste container or recycling container. The fee for extra containers is based on size and is noted in Schedule "B". i. Penalties will be applied to any unpaid invoices as determined by the Director of Finance or designate. If a person pays only a portion of the account owing, unless otherwise approved by the Director of Finance, the amount shall be first applied in payment of the arrears. ii. If the applicant is the owner of land to which these services are or were provided, if the charge or penalty imposed upon the owner is in arrears in the 14 | P a g e year in which such charge or penalty became payable, Section 11 of the Bylaw shall then apply. 10. LANDFILL WASTE DISPOSAL: No person shall be permitted to enter the City Landfill except a person operating a vehicle for the purpose of delivering waste. Such person shall be permitted to remain at the Landfill for only so long as reasonably may be required to unload the waste contained in the vehicle. a. Entry to the Landfill may be denied if: i. The person requesting entry does not have acceptable documentation of residency; ii. The person requesting entry has neglected or refused to pay any fees assessed pursuant to this Bylaw; or iii. The person requesting entry has been convicted of violation of this Bylaw or City Policy; iv. A person disposing of certain recyclable material (i.e. cardboard, papers, plastic jars, etc.) at the landfill. b. No person shall operate a vehicle, including any trailer, loaded with waste unless the waste is secured to prevent it from falling out of the vehicle by completely enclosing the waste inside the vehicle, or in sealed bags, covering by a tarpaulin or similar covering or fastening with ropes or cords..Upon arrival to the Landfill, it is mandatory that the tarpaulin or cover be removed at the designated tarp removal area in order to screen the waste and directed to the right place for disposal. c. A person may deliver acceptable waste to the Landfill for disposal by the City. All deliveries of waste shall be measured and recorded. Schedule "A" represents all rates with respect to acceptable waste. The Residual Waste Category rates within Schedule "A" are adjusted on an annual basis as 15 | P a g e presented in Schedule "D". These charges may not apply to a City vehicle or employee or Contractor of the City while engaged on City business. d. No person shall deliver to the Landfill restricted hazardous waste, liquid waste, biomedical waste or other such waste that is unacceptable for disposal in a municipal waste disposal ground as defined by The Environmental Management and Protection Act, 2010 and any regulations made pursuant thereto. e. No person shall remove waste or any material from the Landfill without the written consent of the Director of Public Works or designate. f. City employees shall have the right to enter the Landfill for the purpose of performing the duties assigned to them. g. No person shall burn any waste or other material in the Landfill without written permission from the Director of Public Works or designate and the required Saskatchewan Environment burning permit. h. The hours of operation of the Landfill are to be established from time to time by Resolution of City Council. The hours of operation shall be posted on site and can be obtained on request from the City's Public Works Department. No delivery to the Landfill shall be made except during the stated operating hours. i. No person shall convey, or cause to be conveyed, on any street any offal from slaughterhouse or butcher shops, swill or any waste of any offensive nature in a vehicle that is not properly constructed and covered so as to prevent the contents thereof from escaping. The cover shall protect the contents from flies and shall control as much as practical the escape of any offensive odors there from. No person shall allow any such vehicle to stand in any street for more than thirty (30) minutes excepting in the case of an 16 | P a g e emergency but in such case, the vehicle shall not stand longer than is absolutely necessary. j. Animals identified as having Bovine Spongiform Encephalopathy (BSE) also known as Mad Cow disease or cattle that are over two years old will not be accepted at the Landfill unless a certificate from an accredited veterinarian states that the animal is BSE free. k. Yard wastes in the compostable paper bags or take back container shall be brought to the Landfill and placed in the designated waste diversion area for composting. l. All persons generating non-residential waste shall ensure that adequate arrangements for timely removal and disposal of that waste are maintained at all times. m. Landfill usage shall be available to all persons, including any NCSWMC members and non-members. Commercial or residential waste originating from outside the boundaries of NCSWMC will be permitted entry at all waste management facilities but at the rate identified in the notes found in Schedule "A" and the adjusted rates for the Residual Waste category as described in Schedule "D". n. NCSWMC members and non-members must inform the landfill attendant about the waste originating location. 11. RESIDENTIAL UTILITY SURCHARGE: a. Waste brought to City landfill is subject to the fees outlines in Schedule "A". b. An account is overdue if payment is not received by the City by the 25th day following the day on which the account is rendered. 17 | P a g e c. The applicant shall be liable to pay a penalty of (10%) percent of the value of any overdue account. d. The overdue account plus penalties shall constitute arrears. Thereafter, the applicant shall be liable to pay additional compounding penalties of (10%) percent of the value of the arrears on each and every billing rendered on which arrears are included. e. If a person pays only a portion of the account owing, unless otherwise approved by the Director of Finance, the amount shall be first applied in payment of arrears. f. If the applicant is the owner of land to which services are or were provided and any rate, cost, charge or penalty imposed pursuant to this Bylaw upon the owner is in arrears in the year in which such rate, cost, charge or penalty because payable, the amount thereof shall be added to, and will thereby form part of the taxes on the premises with respect to which the services were provided. 12. RESIDENTIAL WASTE RESTRICTIONS: The owner or occupant of residential premises shall not set out for collection any of the following waste: a. Appliances; b. Hot ashes; c. Compressed gas containers; d. Concrete blocks or slabs; e. Cooking oil in excess of 1 litre; f. Electronics (anything with a cord or battery); g. Furniture; h. Highly combustible or explosive materials; i. Household hazardous waste; j. Light bulbs or fluorescent lights; k. Liquid waste; 18 | P a g e l. Medical sharps; m. Pharmaceuticals; n. Sod, dirt or gravel in excess of two (2) 20 kg containers or bags per collection; o. Tree stumps; p. Vehicle waste; q. Waste that is unsafe for the collector to access or handle; and r. Waste that is unacceptable as determined by the Director of Public Works. 13. CONSTRUCTION WASTE: a. It is unlawful to dump or cause to be dumped construction waste in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park of other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. b. It is unlawful to place, deposit, dump, or cause to be placed, deposited, or dumped, rocks, concrete (wet or dry), asphalt, or dirt in or upon a private highway or road, including any cement portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property without the consent of the City. c. A person violating this section is guilty of an offence. Each day that construction waste is placed, deposited, or dumped in violation of the provisions of this Bylaw shall constitute a separate offence. d. This section does not restrict a private owner in the use of his or her own private property as per current best practice, unless the placing, depositing, or dumping of the construction waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health 19 | P a g e department, local fire department or wild fire management services, or the Department of Ministry of Environment, in which case this section applies. 14. RIGHT OF ENTRY: a. City employees may enter upon residential premises at all reasonable times for the purpose of collecting and inspecting waste that is set out for collection, inspecting set out locations and assessing residential premises for applicable base level of service to be provided. b. The City may withhold collection services for residential premises where waste is not set out or pulled in, in accordance with this Bylaw, or at the discretion of the Director of Public Works. c. The City may withhold collection services in the event automobile parts, batteries, building materials, fences, gates or similar fixtures, dead animals or parts of dead animals, concrete, grease, yard wastes, liquid waste, hazardous substances, flammable substances, large furniture, major appliances, oil, propane tanks, paint, sod, soil, dirt, tires or any item over one (1) meter in length are placed in a residential waste and/or recyclable container. 15. DAMAGE TO CONTAINERS: a. The City will not be responsible for the damage to containers resulting from resident's negligence by leaving container outside the property insecurely. b. Damaging or defacing any waste or recycling collection bin or container shall constitute an offence and shall be subject to a penalty sum recoverable by the City or a fine. 20 | P a g e 16. WITHHOLD COLLECTION SERVICE: a. The City may withhold collection services for residential premises where waste is not set out or pulled in, in accordance with this Bylaw, or at the discretion of the Director of Public Works. b. The City may withhold collection services in the event automobile parts, batteries, building materials, fences, gates or similar fixtures, dead animals or parts of dead animals, concrete, grease, yard wastes, liquid waste, hazardous substances, flammable substances, large furniture, major appliances, oil, propane tanks, paint, sod, soil, dirt, tires or any item over one (1) meter in length are placed in a residential waste and/or recyclable container. 17. RECYCLABLE MATERIAL PERMITTED IN RESIDENTIAL ROLL-OUT BINS: a. Aluminum and tin cans; b. Aluminum foils and pie plates; c. Corrugated cardboard; d. Mixed paper, newspaper, fine paper and magazines; e. Boxboard; f. Recyclable plastic containers #1 through #7 that have contained non-hazardous products; g. All provincial legislated beverage containers, milk cartons, jugs, glass, food and beverage containers. 18. INDUSTRIAL COMMERCIAL AND INSTITUTIONAL (ICI) RECYCLABLES: a. Non-residential and ICI recyclable material is permitted for disposal only at the City's designated Material Recycling Facility upon such terms for acceptance as the City or its designated officer may determine permissible. 21 | P a g e 19. CITY WASTE AND RECYCLING FACILITIES: a. Facility Fees - Waste brought to the Landfill is subject to the fees outlined in Schedule "A". b. Facility Rules - A person shall comply with all City waste facility rules established by the City's Director of Public Works including waste acceptability, hours of operation, posted speed limits, and safety or environmental requirements. c. Acceptable Waste - City waste facilities will only accept waste as may be designated by the Director of Public Works to be acceptable for that City waste facility. d. Only residential recyclables are allowed in the City recycling bins at the recycling centres. Violation of this section will be subject to: i. Waste Drop-Off - Waste may only be brought to a City waste facility during the facility's hours of operation, unless express written permission has been received by the Director of Public Works. Waste must be placed at the location within the City waste facility as so directed by City employees. ii. A person shall not place waste next to doors, bins and gates, or in front of doors, bins and gates, or in any way that impedes access to a City waste facility for residents and vehicles. 20. RIGHT TO INSPECT WASTE: a. The City may inspect any waste brought to a City waste facility to determine if the waste is acceptable. b. A person who brings waste to a City waste facility must either comply with the City's directions relating to inspections or must immediately remove the waste from the facility. 22 | P a g e c. Waste inspection could be visual, automated or manual, use of hand held test instruments, and laboratory analysis of the waste in question. d. During the inspection, the City may: i. Instruct the vehicle operator to unload the waste in a designated holding area; ii. Require information regarding the nature and source of the waste; and iii. Request that the vehicle operator or an authorized agent of the carrier sign a statement confirming the accuracy of the information given; iv. The City reserves the right to ask landfill waste haulers a transport manifest in order to determine the origination of waste. 21. UNACCEPTABLE WASTE: a. When the nature of the waste is unknown or the proper disposal or handling method is in doubt, the waste shall not be accepted at a City waste facility. b. When the City determines through inspection that waste is not acceptable at a City waste facility, the person who delivered the waste must remove the waste within 24 hours of being informed. If the waste is determined to pose an environmental or safety risk, the City may dispose of the waste immediately for a charge to the hauler. c. When a person does not comply with the City's direction to remove waste within the allowed time, the City may arrange for immediate transport and disposal of the waste and assess a fee. d. When waste delivered to a City waste facility is determined to be unacceptable, the person who delivered the waste shall be liable for any related costs incurred by the City including: i. Inspection costs; ii. Laboratory analysis fees; iii. Administrative fees; iv. Hauling and disposal costs; 23 | P a g e v. Facility decontamination costs, where applicable; and vi. Damages caused. e. Costs incurred by the City as contemplated in Section 21(d) shall be a debt due the City and shall be enforceable by the City as a debt due to the City upon written demand therefor. 22. WASTE FACILITY RESTRICTIONS: The following waste is not accepted at any of the City waste facilities: a. Biomedical waste; b. Liquid waste or waste that may change physical form into liquid; c. Radioactive waste (liquid, gas or solid) that contains a radioactive nuclear substance as defined in the Nuclear Safety and Control Act; by the Ministry of Environment; d. Waste that is unsuitable for processing and disposal as determined by the Director of Public Works. 23. RADIOACTIVE WASTE: When an initial inspection by the City determines the likely presence of radioactive waste, the City will subject the waste, vehicle and vehicle operator to further radiation inspection and testing. 24. HYDROCARBON CONTAMINATED SOIL: a. A person must obtain written confirmation from the City as to the acceptability of the hydrocarbon contaminated soil prior to the delivery of any hydrocarbon contaminated soil to the Landfill that may require special handling or may represent a hazard to health, safety or the environment. b. A person must contact the City to confirm acceptability of the hydrocarbon contaminated soil prior to the delivery of any waste to the Landfill that requires a Saskatchewan Transport of Dangerous Goods manifest. 24 | P a g e c. Hydrocarbon contaminated soil is only accepted at the Landfill if it is considered to be operationally useful. The Director of Public Works may limit the amount of soil that will be accepted from a person in a month. 25. INOPERATIVE SCALE: When the weigh scale is inoperative at the Landfill, the kiosk will assess fees on an estimated weight and/or volume. 26. UNSECURED LOADS: a. No person shall operate on a roadway or highway, a vehicle or combination of vehicle and trailer unless it is so constructed, loaded, or covered as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom. b. Should any material, due to any cause whatsoever, fall from the vehicle, the operator shall forthwith take all reasonable precautions to safeguard traffic from the consequences thereof and shall remove such material from the spillage area. c. No person shall place, throw, deposit or discard on any roadway, highway or City property any rubbish, litter or waste material of any description. d. Transportation of rubbish or refuse of any description in a motor vehicle in which refuse is transported must be completely covered or enclosed so as to prevent refuse from spilling or escaping from the vehicle. 25 | P a g e 27. GENERAL OFFENCES: No person shall: a. Fail to comply with an Order made under this Bylaw; b. Obstruct or hinder a municipal inspector, City Employee, Bylaw Enforcement Officer, or Police Officer acting under this Bylaw; or c. Fail to comply with any other provision of this Bylaw, which shall constitute an offence. 28. SPECIFIC OFFENCES: A person commits an offence who: a. Allows waste or excessive recyclable material of any kind to accumulate on or in any land or building other than as permitted in this Bylaw; b. Places or disposes of waste or recyclable material other than as permitted in this Bylaw; c. All loads must be secured; person fails to take proper measures to prevent waste or recyclable material from escaping the transporting vehicle; d. Being the owner or operator of a vehicle used in carrying out the construction, alteration or demolition of any building, structure or; e. Landscaping allows any earth or waste to be deposited upon a street or sidewalk by or from such vehicle, or fails to remove such waste from the street or sidewalk; f. Being a person other than the owner, operator or occupant of a business or residence to which a waste or recycling container is assigned or a person 26 | P a g e permitted by public work Director disturbs or disrupts the contents of a waste or recycling container; g. Being a person other than the owner, operator or occupant of a business or residence to which a waste or recycling container is assigned or a person permitted by public work Director removes any waste or recyclable object or material from a waste recycling container, a Waste Management Centre or collection vehicle; h. Causes or permits any loss of or damage to a City owned waste or recycling container; i. Leaves a waste or recycling container on a public right-of-way for more than 24 hours. j. Fails to maintain a waste or recycling container in a sanitary state and places waste in a recycling container or recyclable material in waste container or placing waste at recycling depots; k. Smoking on the non-smoking areas of the waste disposal site; l. Disposes of or leaves recyclables at the landfill working face; m. Disposes of or leaves commercial recyclables in residential recycling depots; n. Disposes of or leaves recyclable material at the landfill working face; o. Removes waste or any material from the landfill without the written consent of the Director of Public Works or designate; p. Disposes of or leaves non-recyclable materials in recycling centres bins; 27 | P a g e q. Disposes of or leaves waste or recyclable materials at public or private property not lawfully designated for that purpose or without lawful permit to do so; r. (Waste Disturbance) Disturbs or removes the contents of a container, bag or bin set out for collection; s. (Scavenging) - Enters any City waste facility for the purpose of scavenging, or scavenges material from a bin, container or bag in any residential premises; t. (Odours & Tidiness) - Permits waste stored or set out for collection from his/ her/ its property to create offensive odours or become untidy; u. (Public Litter Container) - Place residential or non-residential waste in a public litter container. 29. NOTICE OF VIOLATION AND REMEDIAL ORDERS: a. A Bylaw Enforcement Officer or a Police Officer may issue a notice of violation and/or a Bylaw Enforcement Officer may issue an order to remedy any contravention(s) of this Bylaw. b. If an order to remedy a contravention is issued for a violation(s), the Order shall have the effect pursuant to section 328 of The Cities Act or any applicable legislative authority in succession thereto. c. If a notice of violation is issued, the notice shall require the person to pay to the City the penalty sum specified in accordance with this Bylaw within fifteen (15) days of the date the notice of violation is delivered. 28 | P a g e d. The City's rights under this section shall be in addition to the City's right to seek other legal remedies or actions for abatement of the contravention. e. The penalty sum specified in a notice of violation is to be paid: i. In person, during regular office hours, to the cashier located at City Hall, Prince Albert, Saskatchewan; ii. By mail addressed to the Office of the City Treasurer, City Hall, Prince Albert Saskatchewan S6V 7P3. f. If payment as required under a notice of violation is not paid by the date specified therein, then the penalty sum specified therein shall be enforceable by the City as a debt due to the City. 30. VIOLATIONS AND PENALTIES: Except in such circumstances for which a penalty sum or fine is otherwise specified for a specific contravention of this Bylaw, persons contravening a provision of this Bylaw are subject to a penalty sum recoverable by the City or fine: a. Subject to subsection (f), for a first contravention of this Bylaw, a penalty sum of $100.00; b. Subject to subsection (f), for a second contravention of this Bylaw, a penalty sum of $200.00; c. Subject to subsection (f), for third and subsequent contraventions of this Bylaw, a penalty sum of $300 per offence; d. Residential recyclables disposal reflecting 10% or more of the load will be subject to a penalty sum of $100 plus an amount reflecting the applicable load tonnage rate, plus an amount reflecting the City's actual costs incurred in separating the recyclable material; 29 | P a g e e. Commercial recyclables disposal reflecting 10% or more of the load will be subject to a penalty sum of $300 plus an amount reflecting the applicable load tonnage rate, plus an amount reflecting the City's actual costs incurred separating the recyclable material; f. Violations of Sections 10(d),(e),(j),(k), 13, 18, 21, 23, 24 or 27 shall be subject to a penalty sum recoverable by the City of not less than five hundred dollars ($500) for first offence, one thousand dollars ($1,000) for second offence, and for each additional consecutive day of violation five hundred dollars ($500) per day thereafter. If a person violates this Bylaw on more than two occasions, or for more than two consecutive days, the City may suspend or cancel the business license. g. Misrepresenting the source of waste material transported for disposal at the landfill shall be subject to a penalty sum recoverable by the City of not less than $1,500 per offence. (21/2021, s.1a) 31. EARLY PAYMENT: a. For penalty sums contemplated under subsection 30(a) and (b), if the penalty imposed under a notice of violation is paid within ten (10) calendar days of the date of the notice of violation, the amount of the penalty sum shall be discounted to the sum of $75.00 for a first offence and $150.00 for a second offence; b. The date of payment shall be determined as follows: i. For payment in person, the date of payment shall be the date payment is received by the City; ii. For payment by deposit, the date of payment shall be the date payment is deposited in the depository at City Hall; or iii. For payment by mail, the date of payment shall be the federal post marked date on the remittance; 30 | P a g e c. Upon payment of a notice of violation, the person contravening the Bylaw shall not be liable to prosecution for that offence. 32. PROSECUTIONS: a. Subject to section 31(c) and notwithstanding section 29, in lieu of the City proceeding with a notice of violation or with collection proceedings of an outstanding penalty sum due thereunder, where a Bylaw Enforcement Officer or a Police Officer determines in consultation with the City officer to whom is assigned responsibility for bylaw enforcement that it is in the public interest to compel a person who has contravened a provision of this Bylaw to appear before a justice, the Bylaw Enforcement Officer or Police Officer may cause to be issued a summons that requires the person to appear before a Judge of a court of competent jurisdiction in Saskatchewan to answer a charge(s) for violation(s) of this Bylaw; b. The summons may provide for a voluntary payment amount in an amount not to exceed an amount applicable to the violation contemplated under section 30 which if paid as directed in the summons by a date prior to the first appearance date specified in the summons; c. If payment of the voluntary penalty sum is made prior to the date when the person contravening the Bylaw is required to appear in court to answer a charge, the person shall not be liable to prosecution for that offence; d. If in the opinion of a prosecutor it is appropriate, the prosecutor may, on or before the court appearance date, permit the accused to pay the specified amount to avoid prosecution. Any person who contravenes any provision under sections 5 to 9 inclusive, 10(h), (i), (l), 12, 15, 17 or 19 is guilty of an offence and liable on conviction to a fine: i. For the first offence, up to $200.00; ii. For a second offence, up to $400.00; and 31 | P a g e iii. For a third or subsequent offence, of up to $1,000.00 in the case of an individual and up to $2,000.00 in the case of a Corporation. e. Except where a penalty is specifically provided in this Bylaw, every person who contravenes any provision of this Bylaw is guilty of an offence and liable on conviction: i. In the case of an individual, to a fine of up to $10,000.00; ii. In the case of a corporation, to a fine of up to $25,000.00; iii. In the case of a continuing offence, to a maximum daily fine of up to $2,500.00 per day of violation. f. A conviction of failing to comply with a remedial order does not relieve the person convicted from complying with the order and the convicting judge or justice of the peace may, in addition to any fine imposed, order the person to do any act or work, within specified time, to comply with the order with respect to which the person was convicted. g. The court may, in default of payment of a fine imposed under this Bylaw, order imprisonment of the individual for a term not exceeding six (6) months. 33. CIVIL ACTION TO RECOVER COSTS: The City may, in accordance with Section 332 of The Cities Act or any legislative provision in succession thereto collect any unpaid expenses and costs incurred in remedying a contravention of this bylaw, or a penalty sum pursuant to a notice of violation, by civil action for debt in a court of competent jurisdiction. 34. ADDING AMOUNTS TO TAX ROLL FOR CONTRAVENTIONS: The City may, in accordance with Section 333 of The Cities Act or any legislative provision in succession thereto add any unpaid expenses and costs incurred by the City in remedying a contravention of this bylaw to the taxes on the property on which the work was done. 32 | P a g e 35. COMPLIANCE WITH OTHER LAWS: a. Nothing in this Bylaw relieves a person from complying with any other law, including any public health legislation, any environmental protection legislation or any other Bylaw of the City. b. Where there is a conflict between the provisions of this Bylaw and the provisions of any other legislation, regulation or bylaw, the more restrictive provision prevails. 36. POWERS OF THE DIRECTOR OF PUBLIC WORKS: In addition to any other power, duty, or function prescribed by this Bylaw, the Director of Public Works may: a. Determine the methods of collection and disposal services to be provided by the City; b. Approve or set specifications for bins, containers and bags to be used in providing the base level of service; c. Determine set-out locations to allow for safe and efficient collection vehicle access; d. Specify the types of waste accepted at City waste facilities; e. Specify the quantities and types of waste eligible for collection; f. Determine the time and frequency of the collection of waste; g. Suspend or discontinue the collection of waste from premises, provided it does not create a health or environmental risk, if the occupant or property owner of residential premises contravenes a provision of this Bylaw; 33 | P a g e h. Extend collection dates as may be required to provide the base level of service; i. Establish systems for billing and collecting rates, fees and charges; j. Establish fees for products and services provided by the City with respect to the collection, processing and disposal of waste, including the maintenance, repair and replacement of City-owned bins; k. Establish incentives or other pricing arrangements for fees at the Landfill when operational conditions warrant and for revenue generating opportunities; l. Carry out any inspection necessary to determine compliance with the Bylaw; m. Take any steps or carry out any actions required to enforce the Bylaw; n. Deny a person entry to any City waste facility; o. Reject waste based on any factor that may affect waste facility operations, public or employee safety, create nuisance issues on or near any City waste facility (e.g. odour, noise), or represents a risk to the environment; p. Reject waste arriving in vehicles that are unsuitable for access to a City waste facility; q. The Director of Public Works shall have full discretion as to; i. The classification and acceptability of any waste presented at any City waste facility; and 34 | P a g e ii. The acceptability of waste that is deemed to be operationally useful or recoverable. r. Delegate any powers, duties or functions under this Bylaw to an employee of the City. 37. GENERAL: a. Ownership of Waste - All waste set out for collection remains the property of the person placing the waste until accepted by the City at the time of the collection. b. Number & Gender Reference - All references in this Bylaw will be read with such changes in number and gender as may be appropriate according to whether the reference is to any person, corporation or partnership. 38. REPEAL: a. Bylaw No. 34 of 2020 is repealed effective the 1st day of January, 2021. b. Notwithstanding subsection (a), every action taken and any payment due or fine outstanding, or remaining enforceable pursuant to Bylaw No. 34 of 2020 shall remain valid, in force and/or enforceable after its repeal as if made pursuant to this Bylaw and may be dealt with as if made pursuant to this Bylaw. 35 | P a g e 39. COMING INTO FORCE: This Bylaw shall come into force effective the 1st day of January, 2021 INTRODUCED AND READ A FIRST TIME THIS 1st DAY OF FEBRUARY, AD 2020. READ A SECOND TIME THIS 1ST DAY OF FEBRUARY, AD 2020. READ A THIRD TIME AND PASSED THIS 3RD DAY OF FEBRUARY, AD 2020. "Greg Dionne" "Sherry Person" MAYOR CITY CLERK 36 | P a g e Schedule "A" Waste Diversion Category Minimum Fee Landfill Rate (NCSWMC member) Landfill Rate (non-NCSWMC member) Residual Waste < 150 kg (half ton ¾ truck load or less; includes car or suv with trailer up to 4x8x3) $13.00 per load $13.00 per load $26.00 per load Residual Waste > 150 kg $77.00 per tonne $77.00 per tonne $154.00 per tonne Asbestos (plus unloading charges as required) $200.00 per load $250.00 per tonne $250.00 per tonne Carcasses - Small Animals (includes pigs, sheep, chickens, cats, dogs - lime treated) $15.00 per animal $15.00 per animal $100.00 per tonne Carcasses - Large Animals (includes horses - lime treated; *no bovine) Please see Note #8 below $40.00 per animal $40.00 per animal $100.00 per tonne Scrap Metal < 150 kg $13.00 per load $13.00 per load $26.00 per load Scrap Metal > 150 kg $77.00 per tonne $77.00 per tonne $154.00 per tonne White Metal Non-refrigerant appliances $11.00 per $11.00 per appliance $22.00 per appliance Refrigerant appliances with "Removal of Halocarbon" certificate $11.00 per appliance $11.00 per appliance $22.00 per appliance Refrigerant appliances without "Removal of Halocarbon" certificate $25.00 per appliance $25.00 per appliance $50.00 per appliance Construction Demolition Materials and Roof Shingles < 150 kg $13.00 per load $13.00 per load $26.00 per load Construction Demolition Materials and Roof Shingles > 150 kg $77.00 per tonne $77.00 per tonne $154.00 per tonne Demolition Material Surcharge for Non-City Residents $1,500 Asphalt, Concrete Rubble and Bricks < 150 kg $10.00 per load $10.00 per load $20.00 per load Asphalt, Concrete Rubble and Bricks > 150 kg $30.00 per tonne $30.00 per tonne $60.00 per tonne Tires Passenger-Light Truck < 600 mm diameter (8- 20 inch rim) $10.50 per tire $10.50 per tire $21.00 per tire Medium Truck <600 mm diameter (21-30 inch rim) $11.00 per tire $11.00 per tire $22.00 per tire Agricultural Tires (24-54 inch rim) $21.50 per tire $21.50 per tire $43.00 per tire Off Road - Category 1 $36.50 per tire $36.50 per tire $74.00 per tire Off Road - Category 2 $80.50 per tire $80.50 per tire $164.00 per tire Eco Centre Waste oil, oil containers, oil filters, anti-freeze Max 20L or up to 5 filters per visit N/C N/C N/C Propane tanks First 2 tanks are free, then $10.00 for additional tank(s) 37 | P a g e Soils Hydrocarbon Contaminated < 4 tonne *Analytical Report required $200.00per load $200.00 per load $200.00 per load Hydrocarbon Contaminated > 4 tonne *Analytical Report required $50.00 per tonne $50.00 per tonne $50.00 per tonne Residential Clean Soil N/C N/C N/C Commercial Clean Soil $10.00 per load $30.00 per tonne $60.00 per tonne Uncontaminated Residential Paper, Cardboard and Recyclables Please see Note #6 below $77.00 per tonne, plus a $100.00 surcharge $77.00 per tonne, plus a $100.00 surcharge $154.00 per tonne, plus a $100.00 surcharge Brush - Trees and Branches (commercial loads) > 1 m in length and 5 cm in diameter $15.00 per load $15.00 per tonne $30.00 per tonne < 1 m in length and 5 cm in diameter N/C N/C $30.00 per tonne Yard Waste (grass, leaves, small branches) N/C N/C $30.00 per tonne Special Items (cables, wires, etc.) *plus applicable burial fee as noted below $12.50 per load $75.00 per tonne $150.00 per tonne Burial Fees **Plus operator time and equipment charges For loads < 14 yds³ Not available $85.00 per load $85.00 per load For loads > 14 yds³ Not available $150.00 per load $150.00 per load Shopping Carts (Pick-up fee) $7 per cart NOTES: 1. "NCSWMC" stands for the North Central Saskatchewan Waste Management Company, of which the City of Prince Albert is a member. Members include:  Village of Albertville  Town of Birch Hills  RM of Buckland #491  RM of Garden River #490  District of Lakeland #521  Village of Meath Park  Village of Paddockwood  City of Prince Albert  Prince Albert National Park  RM of Prince Albert #461  Village of Weirdale  Village of Christopher Lake 2. Any waste or recycling materials originating from any entity, resident or business existing outside of the boundaries of any NCSWMC member will be charged double all posted rates and fees noted in the above schedule. 3. "N/C" stands for "No Charge" at Eco Centre Rates. Effected by oil prices and subject to change. 4. Hydrocarbon Contaminated soils - Fees for large loads greater than 80 tonnes shall be subject to the discretion of the Director of Public Works or designate. Please call Public Works at (306) 953-4900 and pre- arrange. 5. A surcharge will apply to any loads with 10% or higher recyclable content, such as cardboard and/or paper. Handling fees apply. 6. Burial Fees have an additional fee for operator time and equipment charges. 7. Landfill does not take bovine, unless accompanied by a Veterinarian's Certificate which indicates it is Bovine Spongiform Encephalopathy ("BSC") free. 38 | P a g e (21/2021, s.2b; 12/2023, s.1) Schedule "B" Additional Collection Fees Roll out automated collection (recycle or garbage containers) $10.00 per month 300 gallon (1,360 litre) back lane collection (recycle or garbage containers) $30.00 per month Schedule "C" Residential Utility Surcharge Year Monthly Rate 2022 $19.50 2023 $19.75 2024 $20.00 2025 $20.25 2026 $20.50 (38/2018, s.1; 20/2019, s.1; 3/2021, s.1; 21/2021, s.1b) Schedule "D" Minimum Per Load Entry Fee and Tonnage Increases Year Minimum Per Load Per Tonne Entry Fee Per Tonne Entry Fee (non-NCSWMC member) 2022 $13.00 $77.00 $154.00 2023 $13.50 $79.00 $158.00 2024 $14.00 $81.00 $162.00 2025 $14.50 $83.00 $166.00 2026 $15.00 $85.00 $170.00 (21/2021, s.1b)