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HomeMy Public PortalAboutSolid Waste Services Consolidated Bylaw 1292Bylaw 1292 Page 1 TOWN OF OLIVER SOLID WASTE SERVICES BYLAW 1292 CONSOLIDATED FOR PUBLIC CONVENIENCE (INCLUDES AMENDMENTS UP TO MARCH 28, 2022) THE TEXT OF THE SOLID WASTE SERVICES BYLAW 1292 HAS BEEN AMENDED BY THE FOLLOWING BYLAWS: BYLAW 1292.01 REPLACING SCHEDULE A BYLAW 1292.02 ADDING NEW SECTIONS 21 AND 22, AND REPLACING SCHEDULE A BYLAW 1292.03 REPLACING SCHEDULE A BYLAW 1292.04 REPLACING SCHEDULE A BYLAW 1292.06 REPLACING SCHEDULE A Bylaw 1292 Page 2 TOWN OF OLIVER BYLAW 1292 A bylaw to establish and set regulations for services to collect solid waste materials within the Town of Oliver WHEREAS: A. The Community Charter authorizes a municipality to provide any service that the council considers necessary or desirable; B. Council may regulate, prohibit and impose requirements in relation to a municipal service; and C. Council believes it is desirable to provide services for collecting recyclable materials, gar- bage, yard waste and large items and to impose mandatory participation in such services for certain classes of residential properties; NOW THEREFORE, the council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: Citation 1. This bylaw may be cited for all purposes as “Solid Waste Services Bylaw 1292.” Repeal of Old Bylaw 2. Residential Garbage and Recycling Service Bylaw 1073, 2004 is hereby repealed. Definitions 3. In this Bylaw: “Director” means the person appointed by council as the Director of Operations and in- cludes employees, contractors or agents working under the supervision of the director for the purpose of administering or enforcing this bylaw and shall also include the following officers of the municipality: Municipal Manager, Chief Financial Officer and Director of Corporate Services. Services Established Bylaw 1292 Page 3 4. There are hereby established in the Town of Oliver the following services related to solid waste collection, which shall operate as described in this bylaw: (1) Garbage Service (2) Recycling Service (3) Yard Waste Service (4) Large Item Collection Service Garbage Service 5. The Garbage Service consists of year-round, weekly collection of residential garbage in accordance with the following regulations: (1) Garbage shall be placed out for collection in garbage bags or reusable garbage con- tainers by 7:00 AM on days and in locations designated by the Director. (2) All garbage tendered for collection must be securely tied, bagged or placed in con- tainers such that the gross weight of any bundle, bag or container does not exceed 25 kilograms. (3) Sharp objects must be placed in containers or wrapped in a manner which will pre- vent accident or injury to the garbage collection workers. (4) Wet garbage including liquids and putrescible materials must be adequately con- tained to prevent seepage or spillage. (5) Subject to subsection (6), the maximum amount of garbage collected from any resi- dential dwelling unit on any collection day shall not exceed one container or one bag, with a total volume not greater than 80 litres. (6) Garbage amounts in excess of those prescribed by subsection (5) shall not be col- lected unless they have attached thereto one or more tags sold by the Town to au- thorize their collection. Each tag shall allow the collection of one container or bag, containing not more than 80 litres of additional garbage and weighing not more than 25 kilograms. (7) For the purpose of determining eligibility for garbage collection, properties are clas- sified into the following classes: (a) “Mandatory Garbage Collection Properties” include: (i) properties which contain one single family dwelling; Bylaw 1292 Page 4 (ii) properties which contain one duplex dwelling; and (iii) properties which contain residential complexes of not more than four dwelling units in total. (b) “Optional Garbage Collection Properties” include: (i) mobile home parks; (ii) townhouse developments with direct entry from the outside to individual townhouses; (iii) bareland strata subdivision developments; and (iv) residential apartment units above or behind commercial buildings (c) “Ineligible Garbage Collection Properties” include: (i) vacant properties; (ii) properties which contain apartment buildings without direct entry from the outside to all individual apartments; (iii) properties which contain a restaurant; (iv) industrial properties; (v) agricultural, commercial and institutional properties which do not also contain one or more residential units (8) All owners and occupiers of Mandatory Garbage Collection Properties must pay for and participate in the Garbage Service. (9) Owners and occupiers of Optional Garbage Collection Properties may participate in the Garbage Service subject to the following conditions: (a) All residential units on a property must participate and the Garbage Service will not be offered to individual dwelling units on a property; (b) The Director must approve applications for Garbage Service and such re- quests may be refused if the Director believes the property may be better serviced by commercial bin collection for safety, efficiency or traffic reasons, or if the Garbage Service is not otherwise provided on a street adjacent to the property. (10) Owners and occupiers of Ineligible Garbage Collection Properties must arrange for their own collection and disposal of wastes and may not participate in the Garbage Service. Yard Waste Service 6. Prior to July 1, 2011, Yard Waste Service will consist of two collections (April 7 and June 2). Commencing July 1, 2011, Yard Waste Service will provide bi-weekly collection from March to November, in accordance with the following regulations: Bylaw 1292 Page 5 (1) The materials eligible for collection under this service are listed below (“Approved Yard Waste List”): (a) Leaves (b) Lawn clippings (c) Branches and twigs pruned from trees and shrubs (d) Garden wastes (e) Weeds For clarity, kitchen wastes such as meat or meat products, bones and cooked foods of any kind are prohibited. (2) Materials on the Approved Yard Waste List shall be placed out for collection by 7:00 AM on days and in locations designated by the Director. (3) Branches and twigs shall be cut to a length not exceeding 1.2 metres and may be placed in bags or containers or may be bundled with biodegradable string. (4) Items on the Approved Yard Waste List other than branches and twigs must be placed into bags or containers. Commencing July 1, 2011, bags used for yard waste bust be made of kraft paper and no plastic bags with yard waste will be collected commencing that date. (5) Any individual bundle, bag or container of yard waste must not weigh more than 25 kilograms. (6) Subject to subsection (7), there shall be no limit on the number of bags or contain- ers yard waste set out for collection from any residential dwelling unit. (7) Materials placed out for collection must originate from the residential dwelling units that are included in this service. Materials originating from commercial or in- dustrial units or from outside the Town are not eligible for collection. (8) All owners and occupiers of Mandatory Garbage Collection Properties plus all own- ers and occupiers of Optional Garbage Collection Properties who participate in the Garbage Service must also pay for and participate in the Yard Waste Service. Large Item Service 7. The Large Item Service will consist of one annual collection of large items in accordance with the following regulations: (1) The materials eligible for collection under this service are listed below (“Approved Large Item List”): (a) Furniture such as chairs, chesterfields, tables, dressers, beds and mattresses Bylaw 1292 Page 6 (b) Appliances such as stoves, fridges, freezers, dishwashers, washers and dryers For clarity, mechanical equipment such as furnaces, air conditioners and hot water tanks are not approved for collection. (2) A maximum of two large items may be placed out for collection during a Large Item Service collection event. For clarity a bed and mattress count as two separate items. (3) Materials on the Approved Large Item List shall be placed out for collection by 7:00 AM on the days that large item collection is scheduled. (4) Materials placed out for collection must originate from the residential dwelling units that are included in this service. Materials originating from commercial or in- dustrial units or from outside the Town are not eligible for collection. (5) All owners and occupiers of Mandatory Garbage Collection Properties plus all own- ers and occupiers of Optional Garbage Collection Properties who participate in the Garbage Service must also pay for and participate in the Large Item Service. Recycling Service 8. The Recycling Service provides year-round, bi-weekly collection of prescribed recyclable materials in accordance with the following regulations: (1) The materials eligible for collection under this service are listed below (“Approved Recycle List”): (a) Tin and aluminum cans, trays and foil (b) Newspapers and flyers (c) Corrugated cardboard other than waxed or plastic-coated cardboard (d) Mixed paper including magazines, books, catalogues, writing and computer paper (e) Boxboard and heavy paper other than waxed or coated cartons or foil gift wrap (f) Rigid and film plastic materials other than any foam plastics. (2) Materials on the Approved Recycle List shall be placed out for collection by 7:00 AM on days and in locations designated by the Director. (3) Corrugated cardboard shall be flattened and cut if necessary to ensure that no piece of cardboard measures greater than 1.2 metres in length or in width. Corru- gated cardboard may be piled loose or bundled for collection. Small pieces of cor- rugated cardboard may be paced in bags as specified in subsection (4). Bylaw 1292 Page 7 (4) Other than flattened corrugated cardboard, which may be unbagged, other materi- als in the Approved Recycle list shall be placed in clear or blue-tinted, transparent bags. (5) Sharp objects must be wrapped in a manner which will prevent accident or injury to the recycle collection workers. (6) Any individual bag or bundle of recyclable materials must not weigh more than 25 kilograms. (7) Subject to subsection (8), there shall be no limit on the number of bags or bundles of recyclable material set out for collection from any residential dwelling unit. (8) Materials placed out for collection must originate from the residential dwelling units that are included in this service. Materials originating form commercial or in- dustrial units or from outside the Town are not eligible for collection. (9) It is mandatory for all residential dwelling units in the Town to pay for and partici- pate in the Recycling Service. Modification of Approved Materials Lists 9. Notwithstanding the Approved Yard Waste List, the Approved Large Item List and the Ap- proved Recycle List set out in this bylaw, the Director is delegated the authority to modify any or all of these lists by posting a notice of such amendment in two consecutive edi- tions of a newspaper circulated in the Town of Oliver. Such amendments shall come into force at the beginning of the week following the second such publication Delegation of Other Authorities 10. In addition to modifying Approved Materials Lists, the Director is also delegated the au- thority to do the following with respect to the services set out in this bylaw. For clarity, no newspaper publication is required for the following matters: (1) Setting or amending collection dates for all services; (2) On application for service from any Optional Garbage Collection Properties, to make a determination on whether or not the subject property is suitable for Garbage Col- lection Service under this bylaw; (3) Setting or amending the locations where materials are to be placed for collection; Fees Bylaw 1292 Page 8 11. The applicable fees for the services set out herein are set out in Schedule A, attached to and forming part of this bylaw. Except for secondary suites, all fees other than garbage tags are per residential dwelling unit, regardless of size. There is no separate fee payable for secondary suites, however, the maximum number or amount of materials permitted for collection from a single family dwelling must be shared by the principle dwelling and the secondary suite contained therein. Due Dates for Fee Payment 12. Subject to section 10, fees are payable not later than the property tax due date and cover the calendar year from January 1 to December 31 of the year they are assessed. Pro-rated Services 13. Properties which become eligible for receiving services under this bylaw part way through a year, shall be charged a pro-rated fee for this service, which shall be due on the proper- ty tax due date or within 30 days of their eligibility for service, whichever occurs later. Penalty for Late Payments 14. Fees not paid by the due date will incur a 10% penalty. Unpaid Amounts Transferred to Taxes 15. Fees and accrued penalties not paid by December 31 of any year shall be transferred to arrears taxes. No refunds 16. No credit or refund shall be given on any charges or fees prescribed by this bylaw. Unsorted Materials 17. All materials placed out for collection under this bylaw must be sorted in accordance with the respective approved materials lists specified for each service: (1) Items not on the Approved Yard Waste List must not be placed out for collection under the Yard Waste Service; (2) Items not on the Approved Large Item List must not be placed out for collection un- der the Large Item Service; (3) Items not on the Approved Recycle List must not be placed out for collection under the Recycle Service; Bylaw 1292 Page 9 (4) Items that are on the Approved Recycle List, the Approved Large Item List or on the Approved Recycle List must not be placed out for collection under the Garbage Ser- vice Prohibited Materials 18. No person shall place any of the following prohibited materials out for collection under any of the services established in this bylaw: (1) Petroleum products including oil, gasoline, kerosene, diesel fuel, camp gas or any other flammable fuel or lubricant; (2) Poison baits, herbicides, insecticides or pesticides of any kind; (3) Radioactive materials of any kind; (4) Ammunition, fireworks or explosives of any kind; and (5) Alkyd paints, lacquers, paint thinners, or petroleum based solvents of any kind. Unsorted or Prohibited Materials Not Collected 19. Any person who violates any provision of this bylaw may have their materials left uncol- lected for as long as the violation continues. However, such a suspension of service will not entitle any person to a refund or reduction of fees imposed by this bylaw. Offence 20. Any person who violates any provision of this bylaw commits an offence and on convic- tion is subject to a fine not exceeding $10,000 or imprisonment for up to six months or both. Amended by Bylaw 1292.02 August 27, 2018 Discontinuance of Service 21. The Town may discontinue the Garbage Service, their Recycling Service, or the Yard Waste Service to any person who violated any of the provisions of this Bylaw and who continues such violation for a period in excess of 30 days after having been given notice in writing by the Town, or its Waste Contractor, of such violation. 22. The Town must, prior to discontinuing the service under Section 21, notify the person of their right to make representations in writing to the Town Council, and may not discon- Bylaw 1292 Page 10 tinue the service unless the Council has considered any such representations and con- firmed the discontinuation of service order. Read a first and second time on the 14th day of March, 2011. Read a third time on the 28th day of March, 2011. Adopted on the 11th day of April, 2011. “original signed by Mayor” “original signed by Deputy Corporate Officer” ______________________________ ______________________________ Mayor Deputy Corporate Officer Bylaw 1292 Page 11 Schedule A – Fees and Charges for Solid Waste Services Solid Waste Rates per Quarter Description 2021 2022 2023 2024 2025 Single Family Curbside Garbage/Recycling - per quarter 38.75$ 40.00$ 41.25$ 42.50$ 43.75$ y Garbage/Recycling - per unit per quarter 38.75$ 40.00$ 41.25$ 42.50$ 43.75$ y Garbage/Recycling (Optional) - per unit per quarter 38.75$ 40.00$ 41.25$ 42.50$ 43.75$ Duplex Garbage/Recycling - per unit per quarter 38.75$ 40.00$ 41.25$ 42.50$ 43.75$ Triplex Garbage/Recycling - per unit per quarter 38.75$ 40.00$ 41.25$ 42.50$ 43.75$ Fourplex Garbage/Recycling - per unit per quarter 38.75$ 40.00$ 41.25$ 42.50$ 43.75$ Multi-Family Central Recycling - per unit per quarter 10.00$ 10.50$ 11.00$ 11.50$ 12.00$ Recycle Service Only - per unit per quarter 10.00$ 10.50$ 11.00$ 11.50$ 12.00$ Garbage Tags - each to resident 1.50$ 1.50$ 1.50$ 1.50$ 1.50$ Garbage Tags - each to reseller 1.35$ 1.35$ 1.35$ 1.35$ 1.35$ Amended by Bylaw 1292.06 adopted March 28, 2022 Bylaw 1292 Page 12 Automated Cart Change Fees Cart Change Administrative Fee $32.00 Garbage, add 1, 120 L cart to existing 120 L cart $60.00 additional annual fee Garbage, upgrade to 240 L cart $60.00 additional annual fee Garbage, upgrade to 120 L wildlife resistant cart $110.00 additional one-time fee Yard Waste, upgrade to 360 L cart $23.00 additional annual fee Yard Waste, add 1, 240 L to existing 240 L cart $46.00 additional annual fee Yard Waste, upgrade to 2, 360 L carts $46.00 additional annual fee Yard Waste, add 1, 360 L cart to existing 360 L cart $46.00 additional annual fee Yard Waste, downgrade to a 120 L cart No change in annual fees Yard Waste, opt out of yard waste program No change in annual fees Recycle Cart Program, upgrades, add, downgrade No additional annual fees