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VILLAGE OF TESLIN
BYLAW #16-219
A BYLAW TO PROVIDE FOR THE COLLECTION, STORAGE, AND DISPOSAL OF
SOLID WASTE AND RECYCLABLE MATERIALS.
WHEREAS section 265 of the Municipal Act provides that Council may adopt bylaws for
municipal services and improvements on private and public land including quarries, and sand
and gravel pits.
AND WHEREAS section 266 of the Municipal Act provides that, without restricting section
265, Council may by bylaw provide for a system of licenses, inspections, permits, or
approvals, including any or all of the following:
prohibiting any development, activity, industry, business or thing until a license,
permit, or approval has been granted or an inspection has been performed, and
providing that terms and conditions may be imposed on any license, permit, or
approval, the nature of the terms and conditions, and who may impose them;
AND WHEREAS it is deemed expedient and in the public interest to establish, operate,
maintain and control a solid waste collection and disposal system for the Village of Teslin;
NOW THEREFORE, the Council of the Village of Teslin, in open meeting duly assembled,
enacts as follows:
SHORT TITLE
1. This Bylaw may be cited as "Garbage Collection and Recycling Bylaw".
DEFINITIONS
2. In this bylaw and the schedule attached hereto, unless context otherwise requires:
"Approved" means approved by the Village of Teslin.
"Backyard Composting" means the composting at a residential dwelling of approved
food waste and leaf and yard waste where such waste is generated by the residents of the
dwelling unit or neighbouring dwelling units or both, and is contained in a homemade or
commercial bin.
"Brush" means garden refuse, grass cuttings, weeds, timber, stumps, and wood materials
that can be burned.
"Bulky Items" mean large items including, but not limited to, barrels, bed springs,
furniture, mattresses, oil tanks, water tanks, and pieces of fencing. Large appliances are
regulated separately as "white goods".
"Collection Day" means the day or days on which residential waste are regularly
collected from a premise, together with the time period immediately preceding and
immediately following the time of collection, as specified by the Village of Teslin.
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"Commercial Container" means any container for the purpose of storing of institutional,
commercial, or industrial waste to be collected by a hauler. A commercial container may
or may not require mechanized collection.
"Composting" means the natural biological process carried out under controlled
conditions which converts compostable material (e.g. organic material of plant or animal
origin including food waste, leaf and yard waste, boxboard, soiled and non-recyclable
paper, branches and bushes) into a stable humus like product.
"Construction and Demolition Waste" means material generated as a result of
construction, renovation, repair, wiring, plumbing or demolition activities, including but
not limited to polystyrene or fiberglass insulation, gyproc, scrap wood, planking, siding,
bricks, masonry, concrete and metal.
"Container" means any container other than a garbage can, approved in writing by the
Village of Teslin for the storage of garbage.
"Controlled Waste" means material that must be disposed of according to specific
procedures as specified by the Village of Teslin, including but not limited to bulky items;
carcasses or parts of any animal except food waste; construction and demolition waste;
grubbing material; scrap metal; special waste; tires; and white goods.
"Contaminated Soil" means any soil that contains a contaminant which is in an amount,
concentration, or level in excess of that prescribed by regulation or allowed under a
permit.
"Council" means the elected Council of the Village of Teslin Council.
"Dwelling" means one or more rooms intended to be used as a residence by one
household, each dwelling having independent living, sleeping, and toilet facilities and not
more than one kitchen.
"Dump Area" means an area designated and established for the disposal of garbage,
refuse, brush, and scrap metal.
"Eligible Premises" means dwellings whose owners or occupiers pay for curbside
residential waste collection, as approved by the Village. Eligible premises may include
single detached, semi-detached, modular homes, living suites, duplexes, triplexes,
fourplexes or mobile homes. Eligible premises may also include dwellings in
Commercial, Industrial, or non-residential zoning designations where the primary use of
the property is residential.
"Environment Act" means the Yukon Environment Act as amended from time to time.
"Food Waste" means fruit and vegetable peelings, table scraps, meat, poultry and fish,
shellfish, dairy products, cooking oil, grease and fat, bread, grain, rice and pasta, bones,
egg shells, coffee grounds and filters, tea leaves and bags or other similar items.
"Foreman" means the foreman for the Village of Teslin or his/her representative.
"Garbage" means all kitchen and table refuse, condemned meats, fish, fruits, vegetables
and other like waste or decomposing matter.
"Garbage Bag" means a water-resistant plastic bag that is strong enough to handle the
weight of the garbage placed in it, and is securely tied or sealed at the top. Bags put out
for municipal collection may be between 32 inches and 48 inches in length when empty.
"Garbage Container" means a receptacle for the purpose of disposing of residential
solid waste and constructed of non-corrosive durable metal or plastic, equipped with a
tight-fitting cover constructed of the same material and handle for lifting.
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"Grubbing Material" means material removed during excavation including, but not
limited to, roots, stumps, embedded logs, broken branches and debris.
"Hauler" means any company, person or persons who transport solid waste.
"Highly Combustible and Explosive Material" means materials that are banned from
the landfill cells as fire or explosive hazards, including but not limited to gas containers,
chemicals, acids or other combustible residues, fine dry sawdust, ammunition, dynamite
or other similar material.
"Household Hazardous Waste" means any waste produced in the home which contains
hazardous substances as defined by the Environment Act.
"Industrial Waste" means material from manufacturing processes, warehouses or
market gardens, ashes from industrial plants, condemned matter or waste from factories,
any other material or waste or by-product of an industrial or related activity.
"Leaf and Yard Waste" means grass clippings, leaves, coniferous needles, brush, twigs,
house and garden plants, sawdust and wood shavings and other similar items.
"Liquid Waste" means waste or material that has attained a fluid consistency including
septic tank pumpings and wash water, raw sewage or industrial sludge.
"Owner" means an owner of real property and included a person having any right, title,
estate or interest in a real property other than that of occupant or mortgagee.
"Occupant" means any person who resided in and on the premises that receive the
benefit of garbage collection.
"Ozone Depleting Substance" means any substance as defined under the Ozone
Depleting Substances Regulations of the Environment Act.
"Person" means an individual, individuals, a business corporation, non-profit
organization or society, or similar entitiy.
"Premises" means any dwelling unit or commercial enterprise that receives the benefit of
garbage collection.
"Property" means a piece of real estate; a lot defined by property lines.
"Recycling Container" means a weather-proof bag, box, or container designed to hold
recyclable material.
"Recycling Depot" means an area recognized by the Village of Teslin for the organized
collection of recyclable material; reusable items, household hazardous waste and
electronic waste.
"Refuse" means broken dishes, tins, glass, rags, containers, waste paper, cast-off clothing
and all similar substances that accumulate in premises
"Residential Waste" means all household residential waste other than that which can be
segregated as controlled waste or reusable materials, compostable material and recyclable
materials if not segregated.
"Scrap metal" means, but is not limited to, car bodies, engine blocks, barrels, tire rims,
stoves, refrigerators, and any metal objects that cannot be burned effectively to cut down
their size.
"Solid Waste" means all waste including controlled waste; residential waste;
institutional, commercial, or industrial waste; compostable material; recyclable material
and reusable material.
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"Solid Waste Facility" means a site used by the public for the handling and disposal of
waste and includes any land, transfer stations or buildings associated with the facility and
any machinery, equipment, devices, tanks or other works used on the site to handle or
dispose of the solid waste.
"Special Waste" means special waste as defined by the Special Waste Regulations of the
Environment Act, including but not limited to asbestos, biomedical waste and household
hazardous waste.
"Sump Waste" means the liquid waste and solid waste removed from a sump.
"White Goods" means any large appliance including but not limited to refrigerators,
freezers, dishwashers, air conditioners, stoves, washing machines and clothes dryers.
ADMINISTRATION
1. The collection, removal, and disposal of garbage, refuse, brush and scrap metal shall
be under the supervision of the Village.
2. The Village of Teslin shall administer and enforce the provisions of this bylaw. For
this purpose, the Village of Teslin is authorized to:
(1) prohibit any person from collecting, or disposing of solid waste in accordance
with any relevant section of this bylaw,
(2) levy fees and charges based on solid waste type and origin on a volume for all
material entering the solid waste facility,
(3) prohibit any type of solid waste from being disposed of in the solid waste facility,
(4) limit or restrict backyard composting when health or wildlife concerns arise; and
(5) levy fines with respect to offences as set out in Schedule C attached hereto and
forming part of this bylaw.
(6) The Village of Teslin is not liable for costs, damages, losses or injuries arising
from contravention of any provision of this bylaw.
GENERAL RULES AND REGULATIONS
3. No person shall set out waste in any manner or condition that:
(1) is unsightly to the neighbouring environment:
(2) harbours or attracts wildlife; or
(3) is a hazard or threat to public health and safety.
4. No person shall dispose of solid waste in any manner other than:
(1) residential waste into approved garbage containers; or
(2) compostable materials into approved composting containers; or
(3) by transporting solid waste to a solid waste facility.
5. If in the opinion of the Village of Teslin certain waste practices threaten public health
or safety, the Village may make a decision, which shall not be subject to appeal, to
limit, restrict, or prohibit the continuation of such waste practices.
6. No person shall allow waste to spill over or accumulate on any street or adjoining
public or private property and shall ensure, at all such times, that all waste is kept
within a container with the lid fully closed. The owner or occupier shall be
responsible for all of the costs associated with removal and disposal of such spilled
solid waste.
7. No person shall dispose of solid waste in any other person's garbage container or
commercial container without prior approval from the owner or their authorized
agent.
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8. Every owner or occupant shall provide and maintain at all times and in good repair,
such water tight receptacles as is necessary for the storage of garbage and refuse in a
sanitary condition. Owners/Occupants not maintaining their refuse in a safe/sanitary
manner are subject to fines as listed in section 46. Owners/Occupants that are on
garbage collection service need to ensure that receptacles are accessible (e.g.: snow
removal during winter).
9. All receptacles shall be so secured that they cannot be overturned, but such securing
must not impede the handling of the receptacles when it is being emptied.
10. Wet garbage shall be thoroughly drained of all liquids and be closed in a plastic bag
before it is placed in a receptacle.
11. All garbage cans in use must be in good condition and repair and have a tight fitting
lid and have a capacity of not over 24 gallons and not weigh over 50 pounds when
filled. All garbage cans must contain a plastic garbage bag. Loose garbage and refuse
will not be collected until it is in a plastic bag. Maximum number of garbage bags per
weekly residential pickup is four (4).
12. Plastic garbage bags must placed in garbage cans and must be securely closed and not
weigh more than 20 pounds when filled and be placed within a dog and animal proof
receptacle. Garbage bags shall be water resistant, in good repair, and securely closed.
13. Every person requesting removal of garbage and refuse shall allow the Village the
right to enter the premise's yard at all convenient times in the performance of their
duties.
14. Other arrangements may be made between the Village and the occupant or owner
when the garbage cans or enclosures are contrary to this bylaw.
a) The Council reserves the right to control the type and nature of garbage, refuse,
brush, and scrap metal which is deposited in the designate dump area, within the
limitations of the solid waste permit.
b) The foreman is authorized to regulate the operation of the dump area and the
dumping of garbage, refuse, brush, and scrap metal.
15. No person shall dispose of waste at or near a waste facility when the facility is closed
or when the owner or operator refuses to accept waste at that time or from that
person.
16. Any waste placed for collection that does not meet the specifications of this bylaw
shall not be collected by the Village and shall remain the responsibility of the owner.
CURBSIDE GARBAGE COLLECTION
17. Curbside solid waste collection shall be offered by the Village of Teslin to eligible
premises.
18. Payment for curbside collection shall be in accordance with the payment provisions
of this bylaw, the monthly fee as set out in Schedule "A"
19. The Village of Teslin is authorized to establish, change or alter collection schedules
and routes from time to time, as operations dictate.
20. The collection, removal, and disposal of garbage and refuse shall be effected:
a. from all dwelling units, once weekly.
b.From all commercial enterprises, twice weekly or as many times as necessary to
maintain a sanitary condition.
21. On collection day,
a. solid waste is to be set out for collection by 8:00 a.m. on the day regularly
scheduled for pickup.
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b. garbage containers shall be placed at the curb. Every effort shall be made to
ensure that no vehicles or other obstructions impede the hauler's access to the
garbage containers.
22. Collection service will not be provided:
(1) if the garbage containers or their replacements are not acceptable.
(2) if materials other than residential waste are place in the container.
(3) for loose material inside or outside of the container, or litter.
CURBSIDE SOLID WASTE PREPARATION AND RESTRICTIONS
23. No person shall dispose of or permit any person to dispose of any controlled waste in
any garbage container. The owner or their authorized agent of the garbage container
shall be responsible for the removal and disposal of all special/hazardous waste in
accordance with this bylaw.
BACK-YARD COMPOSTING
24. No person shall back-yard compost except on their own property.
COLLECTION OF RECYCLABLE MATERIAL
25. All residents will be encouraged to recycle as much as possible. Refundable and non-
refundable recycling service will be provided on a weekly basis; there will be no cost
for this service. Service provided will be dependent upon resources available. All
recyclables collected are the property of the Village of Teslin for disposal at their cost
and profit.
26. No person shall deposit any material other than the indicated recyclable material into
a recycling container.
27. No person, other than the owner or operator of the recycling depot, shall remove or
otherwise tamper with recyclable material stored in or around recycling containers or
facilities.
SOLID WASTE DISPOSAL
28. Any person disposing of solid waste in the solid waste facility shall pay all applicable
fees and charges.
29. Any person entering the solid waste facility shall:
(1) Have all solid waste and controlled waste easily identifiable and properly
segregated.
(2) Declare any and all solid waste by type;
(3) Stop at the gatehouse.
(4) Pay the appropriate fees and charges to the Village of Teslin in the manner
directed by procedures developed by the Village of Teslin;
(5) Follow all directions of the Village of Teslin and posted signs;
(6) Deposit the solid waste in the appropriate designated areas;
(7) Stay with the vehicle at all times.
30. The Village of Teslin may inspect and prohibit disposal of solid waste at the solid
waste facility that is not properly segregated, or charge accordingly.
31. The Village of Teslin has the authority to waive the solid waste facility fees and
charges for special solid waste programs limited to community litter programs and
household hazardous waste collection days. A resolution of Council is required prior
to authorizing the waiving of fees and charges for all other events or programs.
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32. Disposal of commercial and/or industrial waste that originates from outside the
Village boundaries is prohibited at the solid waste facility unless authorized by the
Village of Teslin in accordance with the permits section of this bylaw.
33. The following controlled waste shall be accepted at the solid waste facility and
deposited in the designated disposal area:
(1) Construction and demolition waste; bulky items; tires.
(2) Car and truck batteries.
34. The following controlled waste shall be accepted at the solid waste facility and
deposited in the designated disposal area under the specified conditions:
(1) Domestic animal carcasses may be accepted provided the owner notifies the
Landfill Operator immediately.
(2) Scrap metal shall be accepted provided the owner declares all fuel tanks have
been cleaned and purged and all tires, special waste and ozone depleting
substances have been removed from automobiles.
(3) White goods shall be accepted provided the doors have been removed.
35. The following controlled waste shall not be accepted at the solid waste facility:
(1) Highly combustible and explosive material.
(2) Liquid waste.
(3) Radioactive material.
(4) Sump waste.
(5) Contaminated soil.
(6) Manure, kennel material, excreta, and fish processing.
36. Controlled waste not accepted at the solid waste facility must be disposed of in
accordance with applicable regulations. Highly combustible, explosive, and
radioactive materials are regulated under the Special Waste Regulations of the
Environment Act. Liquid waste is regulated by the Village of Teslin Sewer Bylaw (No
07-156). Sump waste is only accepted where facilities exist to handle sump waste.
37. Special/hazardous waste will not be accepted at the solid waste facility. The disposal
of special waste may occur at the Village of Teslin public works yard only through
prior discussion with Village staff.
IMPROPER DISPOSAL
38. Any person who permits or causes any storage, collection, or disposal of solid waste
contrary to the provisions of this bylaw, commits an offence, and in addition to the
penalties provided hereunder shall be liable to pay the cost of the clean-up and
disposal of such waste.
39. Any person who permits or causes any disposal of solid waste contrary to the
provisions of this bylaw, commits an offence, and in addition to the penalties
provided hereunder, shall be liable to pay the cost of the removal and proper
segregation and disposal of such waste.
40. Any person who causes or permits to cause any deposition of solid waste other than at
a designated solid waste disposal facility shall be responsible for the removal, cleanup
and proper disposal of the solid waste, and all associated costs and fines. In the event
that the Village of Teslin provides the service of removal and proper disposal, the
person responsible and the owner of the solid waste shall be jointly liable to pay all
costs associated with the removal and disposal in addition to any penalties in
accordance with penalties section of this bylaw.
PAYMENT
41. The rates for garbage and recycling collection
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(1) will be charged and paid by all occupants or owners under the provisions of this
Bylaw shall be set forth in "Schedule A" attached hereto
(2) the owner of real property shall be liable for all rates and charges payable under
this bylaw.
(3) all rates and charges for garbage collection shall be due and payable within 30
days of the date of the statement
43. In the event of default of payment of garbage rates and charges in excess of 60 days,
the Village may discontinue service to the premises in respect of which rates and
charges and may determine not to recommence the service to such premises until
such time as all arrears are paid in full.
44. In the event of default of payment of garbage rates and charges in excess of 60 days,
the Village may discontinue service to the premises in respect of which rates and
charges are overdue, and shall charge a penalty of 10% in addition to the rates and
charges and may determine not to recommence the service to such premises until
such time as all arrears are paid in full.
45. The owner or occupant of any premises that applies for garbage service shall pay to
the Village a Security Deposit as provided in Schedule "A" attached hereto.
PENALTIES
46. Any person who commits an offence subsequent to any provisions of this bylaw is
liable, upon summary conviction to:
1) a voluntary fine under section 20 of the Summary Convictions Act, issued in
respect of an offence specified in Schedule "C" attached hereto and forming part
of this bylaw; or
2) a fine not exceeding ten thousand dollars ($10,000.00) where proceedings are
commenced pursuant to the summary conviction provisions of the Criminal Code
of Canada; or
3) a fine not exceeding five hundred dollars ($500.00) where proceedings are
commenced pursuant to the Summary Convictions Act of Yukon.
47. Where an offence is committed or continued on more than one day, it shall be deemed
to be a separate offence for each day on which the offence is committed or continued.
48. The Village of Teslin shall immediately terminate or suspend the collection of solid
waste or the use of the solid waste facility for solid waste disposal to any person who
contravenes any provision of this bylaw. The suspension will remain in effect until
such time that the contravention has been corrected and all outstanding fees paid.
49. Should any person owning or occupying real property within the Village refuse or
neglect to pay any penalties that have been levied pursuant to this bylaw, the Village
of Teslin may inform such person in default that if these charges are unpaid on the
thirty-first day of December on the same year, these shall be added to and form part
of the taxes payable in respect of that real property as taxes in arrears.
GENERAL INTERPRETATIONS
50. Wherever the singular or the masculine is used in this bylaw, the same shall be
deemed to include the plural or the feminine or the body politic or corporate where
the context of the bylaw requires.
51. The invalidity of any section, sentence, or provision of this bylaw shall not affect the
validity of any other part of this bylaw which can be given effect without such invalid
part or parts.
BYLAW SHALL PREVAIL
52. Where the provisions of this bylaw conflict with the provisions of any other bylaw of
the Village of Teslin, the bylaw with the more stringent provisions shall prevail.
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REPEAL
53. Bylaw 08-165, including all amendments thereto, is hereby repealed.
This bylaw shall come into full force and effect on the final passing thereof.
READ A FIRST TIME THIS 14th DAY OF_November, 2016.
READ A SECOND TIME THIS 14th DAY OF November, 2016.
READ A THIRD AND FINAL TIME THIS 28th DAY OF November, 2016.
Clara Jules, Mayor
Shelley Hassard, CAO
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Garbage Collection and Recycling Bylaw # 16-219
SCHEDULE "A"
Curbside Collection Fees and Security Deposit
1. Curbside Collection Fees
Curbside solid waste and recycling collection rates in the Village of Teslin shall be as
follows:
Waste Type
Collection Frequency
Cost
Residential
Once/week
$25/month
Commercial
Twice/week
$50/month
$30 per collection event over
and above the twice/week
Recycling
Once/week
FREE
2. Security Deposit
An applicant for solid waste collection service shall, at the time of application for service,
provide the Village with a non-interest bearing deposit in the following amount:
a. Where garbage service is the only utility service provided the sum of $25.00
b. Where other utility services (i.e. water, sewer) are provided the total security deposit
for all utility services shall not exceed $ 150.00
The security deposit will be returned when the applicant discontinues services, and his
account is paid in full, and provided notice of discontinuation to the Village. Where an
applicant's account has remained in good standing for one year the security deposit will be
returned.
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Garbage Collection and Recycling Bylaw #16-219
SCHEDULE "B"
Solid Waste Collection Fees
Category
Examples
Fee
Animal Carcasses
Cows, Pigs, Moose, Horses,
Bears, Deer, Moose
$10 each
Clean Burnables
Brush, scrap lumber, yard
trimmings
Free
Sorted Construction and
Demolition
$5/pick-up load
$10/trailer load
$50/anything larger
Electronics
Computers, radios, TV's,
electronic devices
$3 each
Metals
Vehicles
$100/vehicle
$25/clean vehicle
Clean scrap metal
Free
Residential
Solid Wastes
$1 per 4 bags or less, up to 8
bags
$5/pick-up load
Residential Bulky Items
Furniture, mattresses
(excludes appliances)
$10 each
Residential White Goods
Dishwashers, stoves, washers,
dryers
Free
Fridges, Freezers
$35 each
Tires with an inner diameter
greater than 24.5 inches
Inner diameter less than 22.5"
Free
Inner diameter greater than
24.5"
$32 each
Tires on rims will be
charged a handling fee of
$10
Any Mixed Unsorted
Materials
$50/pick-up load or smaller
$100/trailer load
$250/anything larger
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Garbage Collection and Recycling Bylaw #16-219
SCHEDULE "C"
Fines
Offence
Fine
Store, collect, transport solid waste contrary to bylaw
$200
Unauthorized use of garbage container or container
$100
Fail to transport solid waste to a solid waste disposal facility
$200
Backyard compost not on property
$50
Mix controlled waste with other waste
$200
Remove/tamper with material in recycling containers
$100
Fail to stop at landfill gatehouse
$50
Fail to follow directions of gate attendant and posted signs
$50
Improper disposal of waste at landfill
$50
Deposit solid waste at/near landfill when site is closed
$200
Deposit uncontrolled waste at landfill
$500