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Solid Waste Bylaw No. 1003, 2014

This page was last reviewed on February 26, 2015.

BYLAW NO. 1003

A bylaw to provide for the establishment, maintenance and regulation of a system for the collection, removal, and disposal of garbage, organics, recyclables, and other solid waste.

The Council of the Corporation of the Village of Cumberland, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as “Solid Waste Bylaw No. 1003, 2014”.

2. In this Bylaw, unless the context otherwise requires:

Basic service means the garbage and recyclable materials collection service established under Section 2 of this Bylaw.
Biomedical Waste means waste that is generated by (a) human health care facilities, (b) medical research and teaching establishments, (c) clinical testing or research laboratories, and (d) facilities involved in the production or testing of vaccines, and contains or may contain pathogenic agents that may cause disease in humans exposed to the waste.
Extended Service means the additional garbage collection service provided under Section 6 of this Bylaw.
Garbage means discarded matter, but does not include recyclable materials or any material listed in Section 8 of this Bylaw.
Garbage Collector means the person or persons appointed by the Village Council to collect and dispose of garbage and other waste and recyclable materials within the Village.
Garbage Container means a container of not more than 77 litres in volume, with carrying handles and waterproof cover, not weighing more than 22 kilograms when full, which is used to collect and store garbage.
Garbage Tags means single-use tags or stickers required to access extended service.
Garden Waste means vegetation removed from gardens, lawns, soil, shrubs and trees, and includes pruning from shrubs and trees.
Hazardous Waste means any gaseous, liquid or sold waste that, because of its inherent nature and quality, requires special disposal techniques to avoid creating health hazards, nuisances or environmental pollution, and includes: (a) paint, (b) oil, (c) gypsum, (d) toxic waste, (e) poisonous waste, (f) corrosive waste, (g) explosive waste, (h) automotive or marine-type batteries.
Ignitable Waste means waste that is a: (a) flammable gas, (b) flammable liquid, or (c) flammable solid or substance susceptible to spontaneous combustion or substances that, on contact with water, emit flammable gases as defined in the Special Waste Regulation of the Province of British Columbia.
Organics means the allowed kitchen organics and yard waste collected in any applicable Village of Cumberland organics compost program;
Organics Container means a lidded container used for the collection and storage of organics;
Owner means a person registered in the land registry records as owner of land or of a charge on land, whether entitled to it in his own right or in a representative capacity as well as a tenant or leaseholder.
Pathological Waste means (a) any part of the human body, including tissues and bodily fluids, but excluding fluids, extracted teeth, hair, nail clippings, and like parts, that are not infectious, (b) any part of the carcass of an animal infected with a communicable disease or suspected by a veterinary practitioner to be infected with a communicable disease, or (c) non-anatomical waste infected with communicable disease.
Public Health Inspector means any person appointed as such by the Ministry of Health within the Village.
Premises means the location from which the waste or recyclables originates.
Recyclable Materials Includes: (a) dry newsprint, (b) dry corrugated cardboard, (c) dry mixed waste paper, (d) metal food and beverage containers, (e) plastic containers numbered #1-7, but specifically excludes glass and styrofoam, (f) effective May 19, 2014, all recyclable materials allowed under the Multi Material British Columbia (MMBC) collection system for residential curbside collection;
Recycling Container means a container used for the collection and storage of recyclable materials;
Residential Unit means (a) a single family dwelling, (b) a duplex, triplex or fourplex, (c) a secondary suite; or (d) mobile home; each considered a self-contained dwelling unit with cooking, living, sleeping and sanitary facilities
Solid Waste means any combination of garbage, organics and recyclable materials;
Solid Waste Collector means any person or persons designated by the Village to collect and dispose of solid waste within the Village;
Superintendent means any person appointed by the Village to regulate this bylaw.
Unserviceable Property means (a) any property or dwelling unit to which access from a street is inadequate for service as determined by the Superintendent, (b) any property or dwelling unit which by its lack of proximity to other dwelling units being provided basic service would result in excessively high costs or time being allocated to service as determined by the Superintendent; (c) any property or dwelling unit the Superintendent determines is unsafe to service.
Village means the Village of Cumberland.

3. System Establishment

A solid waste collection system is established to collect, remove, and dispose of garbage, organics and recyclable materials from premises within the Village.

4. Basic Service

(1) Basic service for a residential unit consists of collection from one dwelling unit of

(a) garbage, in the amount of one regulation garbage container, bi-weekly; and,
(b) recyclable materials, in an unlimited quantity, bi-weekly, and
(c) organics, in an unlimited quantity, weekly.

(2) Basic service for commercial, industrial and institutional premises consists of collection from each premises of

(a) garbage, in the amount of three regulation garbage containers per week, and
(b) recyclable materials, in an unlimited quantity bi-weekly.

(3) The Superintendent is authorized to schedule solid waste collection.

5. Basic Service Mandatory

(1) Subject to subsection 5(2), every person must dispose of solid waste through the Village solid waste collection system in accordance with this bylaw.

(2) The solid waste collection system shall not be provided to

(a) occupants of multi-family premises that consist of more than four attached residential units who dispose of their residential solid waste through a private collection service as permitted under section 6,
(b) occupants of commercial, industrial or institutional premises who dispose of their solid waste through a private collection service, and
(c) occupants of any premises who have received written notice from the Village that they must make arrangements for private collection service.

6. Alternate Service

(1) The Village shall not collect solid waste from

(a) commercial, industrial, institutional, or multi-family premises that do not qualify for basic service under section 5, and (b) any unserviceable property.

(2) An owner of premises listed in subsection 6(1) must

(a) arrange solid waste collection by a private collection service that disposes of solid waste at an approved disposal site,
(b) ensure that solid waste is collected on a regular basis to prevent the development of noxious odours and the accumulation of solid waste, and
(c) store all solid waste in an animal-proof location or in animal-resistant containers.

(3) An owner of a premises served by the solid waste collection system may apply in writing to the Superintendent for permission to have the solid waste for that premises collected and disposed of by a alternate private collection service, provided that the applicant

(a) can demonstrate the solid waste collection system does not provide service adequate to deal with the type or volume of solid waste generated by the applicant, and
(b) has exhibited a proven effort and due diligence in the applicant’s efforts to participate in diverting waste through the solid waste collection system.

(4) The Superintendent is authorized to

(a) approve an application made under this section where the applicant demonstrates that the solid waste collection system cannot provide service adequate to deal with the type or volume of solid waste generated by the applicant and the applicant has exhibited a proven effort and due diligence in their efforts to participate in diverting waste through the available services provided,
(b) deny an application when the information submitted is insufficient to determine compliance subsection 3, when incorrect information is submitted, or approval of the application would be prohibited by this, or any other bylaw or regulation, and
(c) revoke an approval made under this section if the alternate collection service used by that applicant does not meet the requirements of this or any other bylaw or regulation.

7. Extended Service

(1) A basic service user who requires additional garbage collection shall use the extended service.

(2) A basic service user shall access extended service by using garbage tags authorized by the Village for the extended service.

(3) The Village imposes fees for garbage tags as set out in Schedule A to this bylaw.

(4) Each garbage tag entitles the extended service user to the collection of one regulation garbage container.

(5) Beyond the basic service limits and subject to section 7(4), an extended service user may put out a maximum of two additional garbage containers from each unit per scheduled solid waste collection.

(6) An extended service user shall attach garbage tags inside the additional garbage container put out for collection.

(7) Garbage tags are not reusable or refundable.

8. Prohibited Materials

(1) No person shall place any of the following materials in any container for collection:

(a) hazardous waste;
(b) household hazardous waste;
(c) biomedical waste;
(d) pathological waste;
(e) ignitable waste;
(f) raw sewage or septic tank sludge;
(g) dead animals;
(h) animal feces, waste, or related litter products other than from domestic pets;
(i) items of any kind exceeding 60cm in size in any direction;
(j) demolition or construction waste;
(k) ashes.

(2) Prohibited materials listed in this section shall not be collected by the solid waste collector.

(3) Every owner of premises upon or within which prohibited materials listed in this section are created, stored or held shall be solely responsible for

(a) the proper sanitation of those materials, and
(b) the storage, removal, and disposal of all such wastes
in compliance with all applicable laws and bylaws.

9. Owner Responsibilities

(1) Every owner of a premises served by the solid waste collection system must

(a) place all garbage in a regulation garbage container,
(b) maintain all garbage containers in safe, sanitary, and usable condition,
(c) place all recyclable materials in a clearly marked recycling container capable of confining the recyclable materials set out for collection,
(d) place all organics in a clearly marked organics container,
(e) store all garbage, organics and recyclable materials in an animal-proof location or in animal-resistant containers until the scheduled collection day,
(f) drain excess moisture from wet garbage and wrap wet garbage in waterproof material before placing it in the garbage container,
(g) ensure no liquid is deposited in any garbage container,
(h) ensure no liquid runs into or accumulates in any garbage container,
(i) ensure no solid or semi-solid greases are deposited in a garbage container unless wrapped in a waterproof covering or placed in a tightly closed container,
(j) cover all garbage containers at all times with a waterproof lid,
(k) ensure that any garbage container, organics container and recyclable material container set out for collection does not weigh more than 22 kilograms (50 pounds),
(l) set out for collection on the scheduled collection day by 8:00 a.m. and on no other day all garbage containers, organics containers and recycling containers,
(m) place all garbage containers, organics containers and recycling containers in one location per premises or unit as close as possible to the edge of the street adjoining the dwelling unit or premises in a location clearly visible to collection workers, but not placed so as to obstruct vehicles or pedestrians, and
(n) remove all empty garbage containers, organics containers and recycling containers from the street after collection on the day of collection and keep all garbage containers, organics containers and recycling containers, when not set out for collection, on the property from which the solid waste materials originate.

10. Proper Container

(1) Where solid waste is not contained within the garbage container, organics container or recycling container or where the owner causes the solid waste materials to be strewn in or outside the premises the Superintendent may order the clean-up of the solid waste. The costs of the clean up will be assessed against the owner of the premises.

(2) The Superintendent is authorized and empowered to approve and authorize the use of other containers than the regulation garbage container, organics container or recycling container where special conditions may exist, at the Superintendent’s discretion.

(3) All approved garbage containers, organics containers or recycling containers shall at all times be kept in good and sanitary condition and shall be accessible for inspection at all reasonable times by the Superintendent or Public Health Inspector.

(4) When the Superintendent or Public Health Inspector has determined that any container is unfit, such container shall be removed along with the solid waste. The occupier or owner of any premises from which the condemned container has been removed shall forthwith be advised to and shall provide a suitable and sanitary regulation garbage container, organics container or recyclable materials container.

(5) Where any accumulation of solid waste is found in or upon any land or premises, the Superintendent or Public Health Inspector may order the removal of the same within the time specified in his order. Failure or neglect by the owner to obey such an order within the time specified shall constitute a violation of this Bylaw.

11. Fees

(1) The fees for solid waste collection set out in Schedule A to this Bylaw are imposed upon owners of premises receiving the solid waste collection system basic service.

(2) Fees imposed by this bylaw will be billed quarterly and are due and payable on receipt to the Corporation of the Village of Cumberland. Failure to receive an invoice will not be accepted as a reason for non-payment of the required charge.

(3) Fees for new services will commence the month an occupancy permit has been issued and will be prorated for the duration of the remaining quarter.

(4) Tags for use with additional regulation garbage containers may be purchased at the Village office during regular business hours for the fee set out in Schedule A.

(5) The owners of premises, whether occupied or vacant, shall be responsible for the payment of all solid waste collection user fees, whether the service is actually used or not.

(6) A 10% penalty shall be added to all fees set out in Schedule A which are not paid prior to 30 days from each billing date.

(7) All outstanding balances plus penalties after December 31st of each year shall be transferred to taxes as arrears.

12. Offences and Penalties

(1) No person may evade or knowingly assists in the evasion of fees under this bylaw.

(2) Every person who contravenes any provisions of this bylaw commits an offence punishable upon summary conviction and is liable to a fine not exceeding $10,000 as set out in the Offence Act.

(3) Each day that an offence against this bylaw continues or exists shall be deemed to be a separate and distinct offence.

13. Severability

If any portion of this bylaw is declared ultra vires by a Court of competent jurisdiction, then that portion of the bylaw shall be deemed to be severed from the bylaw and the remainder of the bylaw shall remain in force without affecting the validity of the remainder of the bylaw.

14. Repeal

The “Corporation of the Village of Cumberland Garbage Collection and Disposal Regulations and Rates Bylaw No. 887, 2007” as amended is repealed.

15. Effective Date

This bylaw comes into force on April 1, 2014.

READ A FIRST TIME THIS 24TH DAY OF FEBRUARY 2014.
AMENDED THIS 10TH DAY OF MARCH 2014.
READ A SECOND TIME THIS 10TH DAY OF MARCH 2014.
READ A THIRD TIME THIS 10TH DAY OF MARCH 2014.
ADOPTED THIS 24TH DAY OF MARCH 2014.

Schedule A

Solid Waste Collection Fees

Residential unit: $23.40 per quarter
Commercial, Industrial, Institutional premises: $46.25 per quarter
Additional garbage tags: $2 per bag
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