LIMERICK CITY COUNCIL

Transcription

1 LIMERICK CITY COUNCIL BYE-LAWS Whereas Limerick City Council has by virtue of Section 35 of the Waste Management Act, 1996 and by virtue of part VII of the Local Government Act, 1994 and in exercise of every other power in that behalf it enabling and in particular by reference to Section 35 (1)(a) of the Waste Management Act, 1996 power to make bye-laws requiring a holder of household waste to present such waste for collection by a person collecting waste in accordance with Part IV of the Waste Management Act, 1996 and further in particular by reference to Section 35(1)(b) of the Waste Management Act, 1996 power to make by-laws requiring a holder of household or commercial waste who presents such waste for collection as aforesaid (whether pursuant to a requirement of bye-laws under Section 35(1)(a) of the Waste Management Act, 1996 or not) to so present the waste in a manner specified in the bye-laws and Whereas Limerick City Council consider that for the purpose of the proper management of waste or the prevention or control of environmental pollution it is necessary to make these bye-laws. NOW BE IT KNOWN THAT Limerick City Council hereby make the following bye-laws Short Title (1) These Bye-Laws may be cited as the Commencement of Bye- Areas of Application (2) The Bye- Laws shall come into operation on the 1 st May 2005 (3) The Bye-Laws apply to the area comprising the City of Limerick. Interpretation (4) Throughout these Bye-Laws, the following words and expressions shall the meanings hereinafter respectively assigned to them, unless the contex otherwise requires, that is to say: authorised person means an authorised person within the meaning of Section 40(10) of the Local Government Act, 1994 as amended by Secti of the Litter Pollution Act, 1997 and comprises an authorised person for purposes of the Local Government Act, 1994 (Bye-Laws) Regulations, 1 [S.I. No. 360 of 1995] or any Act or Regulation extending or amending t same. commercial waste has the meaning assigned to it by Section 5(1) of th Waste Management Act, dry recyclable waste means that part of household waste or commercia waste, as the case may be, comprising waste which can be recovered, recycled, or reprocessed such as aluminium cans, papers, bottles, or cardboard.

2 footpath, footway, public road, and roadway have the meaning assigned to them by Section 2(1) of the Roads Act, household waste has the meaning assigned to it by Section 5(1) of the Waste Management Act, microchip includes any electronic device capable of being implanted in attached in any way to a wheeled-bin and which is used for the purpose o recording, storing, sorting, calculating, migrating and/or using data of a business or technical nature concerning use of the wheeled-bin in which implanted or to which it is attached. organic waste means that part of household waste or commercial waste the case may be, comprising green waste such as vegetable waste from gardens, grounds or parks, tree cuttings, branches, grass, leaves, sawdust wood, wood chips and any other wood waste not treated with heavy met organic compounds. premises includes all premises situate in the city of Limerick and also of any premises let or occupied as separate premises whether or not the person to whom it is let or the person who occupies it shares with any ot person any accommodation, amenity or facility in connection therewith o any other portion of the premises. prescribed time means on such days and such hours of the day as may be fixed from time to time by a service provider for the colle of household waste, commercial waste, dry recyclable waste, or organic waste, as the case may be, from any premises by such service provider. prescribed place means in relation to any premises (a) (b) a convenient place immediately outside the entrance to any premis on the kerbstone or outer edge of the footpath or footway immedia in front of any premises, or in the absence of a footpath, on the roadway immediately in front any premises but not in a position so as to cause an obstruction or safety risk to users of such footpath or roadway, or (c) in relation to a particular premises outside or on such premises in conveniently accessible position as the service provider shall from to time agree with the occupier of any premises.

3 service provider means, a person other than Limerick City Council, wh for the purposes of reward, with a view to profit or otherwise in the cour business, collects waste under a waste collection permit granted by Lime County Council [being the local authority nominated by Limerick City Council under section 34(1)(a) of the Waste Management Act, 1996, as inserted by section 6 of the Waste Management (Amendment) Act, 2001 perform the functions under the said section 34 of the Waste Managemen Act, 1996 in relation to waste collection permits with respect to the func area of Limerick City Council, being the City of Limerick] and which is the time being in force. wheeled-bin means a receptacle which complies with the standards for mobile waste containers specified in I.S.EN 840-1; 1997 (part 1 6 inclu and which is used for the purposes of presenting household waste or commercial waste for collection and disposal and shall be deemed to inc a reference to any microchip provided therefore, if fitted or retrofitted at time. The interpretation of the definitions as set out in the Waste Management 1996 is applied to these Bye-Laws, save where otherwise specified. present Household Waste [other than dry recyclable waste and organic waste] or Commercial Waste [other than dry (5) The occupier of any premises shall, at the prescribed time and in the prescribed place present household waste[other than dry recyclable wast organic waste] and commercial waste [other than dry recyclable waste an organic waste], as the case may be, for collection [by the service provide providing the service of the collection of waste to such occupier] wholly contained within a wheeled-bin and such occupier shall comply with whatsoever directions are given to him or her or given generally by publ notice or otherwise, by such service provider providing to such occupier service as to identification marks or other marks, badges, labels, tags, dis other things to be attached or affixed to or displayed upon such wheeledor wheeled-bins

4 recyclable waste and organic waste] in a wheeledbin for collection by a service provider present Dry Recyclable Waste or Organic Waste for collection by a service provider in accordance with directions in that regard given by the service provider (6) provided always that notwithstanding the foregone the occupier of any premises may at the prescribed time and in the prescribed place present household waste [other than dry recyclable or organic waste]for collectio the service provider providing such collection of waste to such occupier]wholly contained within a plastic bag provided to such occupie provided that Limerick City Council has given its prior written consent t such occupier authorising the doing of same and such occupier shall com with whatsoever directions are given to him or her or given generally by public notice or otherwise, by such service provider providing to such occupier the service as to identification marks or other marks, badges, la tags, discs or other things to be attached or affixed to or displayed upon plastic bags. The occupier of any premises shall, at the prescribed time and in the prescribed place present dry recyclable waste or organic waste, as the ca may be, for collection [by the service provider providing the service of th collection of such waste to such occupier] in accordance with whatsoeve directions in that regard are given to him or her or given generally by pu notice or otherwise by such service provider as to the manner in which s dry recyclable waste or organic waste, as the case may be, requires to be presented for collection [be such waste required to be presented wholly contained within a wheeled-bin, or wholly contained in a container, bag other type of receptacle for which such container, bag or other type of container the service provider has obtained the prior written approval therefore from Limerick City Council] and in accordance with whatsoev directions are given by the service provider to such occupier of any prem or given generally by public notice or otherwise as to the identification m or other marks, badges, labels, tags, discs or other things to be attached o affixed to or displayed upon such wheeled-bin, or container, bag or other of receptacle, as the case may be, and such occupier shall comply with a any of such directions Provided Always that where cardboard is being presented by a person for collection by a service provider such person sh bind same in a manner approved by Limerick City Council. present Waste in a wheeledbin having affixed thereto an identification mark, badge etc. in circumstances where the date displayed thereon has not (7) A person shall not present a wheeled-bin for the collection of the waste therein by a service provider, except in circumstances where an identific mark, badge, label, tag, disc or other thing provided by the service provi such person is attached or affixed to or displayed upon such wheeled-bin indicating that such person has paid the service provider in advance for t service being provided by the service provider to such person and in circumstances where the date indicated on such identification mark, badg label, tag, disc or other thing has not expired by effluxion of time.

5 expired tampering etc. with the microchip or identifying marks or labels etc. placing matter likely to cause damage to a wheeled-bin in a wheeled-bin placing dry recyclable waste or organic waste in a wheeled-bin where waste is presented for collection under Bye-Law 5 comply with the requirements of Bye-Law 6 Regulations under section 29 of the Waste Management Act, 1996 present waste in a wheeled-bin which is not damaged (8) A person, other than a service provider, shall not remove, damage, destro tamper with, render inoperative or otherwise interfere with a microchip implanted or in any way attached to a wheeled-bin nor shall a person rem damage, destroy, tamper with, render inoperative or otherwise interfere w an identification mark, badge, label, tag, disc or other thing attached to o affixed to or displayed upon a wheeled-bin containing waste for collectio a service provider in circumstances where the date on such identification mark, badge, label, tag, disc or other thing has not expired by effluxion o time. (9) A person presenting waste in a wheeled-bin for collection shall not pla caused to be placed or put in a wheeled-bin any liquid matter or other likely to damage the wheeled-bin or cause injury to any person nor sha person place or put hot ashes in a wheeled-bin. (10) (11) A person presenting household waste [other than dry recyclable waste organic waste] or commercial waste [other than dry recyclable waste or organic waste] in a wheeled-bin fo collection by a service provider pursuant to Bye-Law 5 of these Bye-L shall not place or cause to be placed or put in such wheeled-bin waste comprising dry recyclable waste or organic waste. A person presenting dry recyclable waste or organic waste for collecti service provider pursuant to Bye-Law 6 of these Bye-Laws shall comp the requirements of Bye-Law 6 in that regard. Notwithstanding any thing contained in these Bye-Laws a person shal present for collection waste comprising any product or substance or (12) packaging therefore in contravention of regulations under section 29 o Waste Management Act, 1996 nor shall a person place or cause to be p or deposited or cause to be deposited in a wheeled-bin waste comprisi product or substance or packaging therefore in contravention of regula under section 29 of the Waste Management Act, (13) A person presenting waste for collection by a service provider in a whee bin shall not present or cause to be presented any such waste in a wheele in circumstances where the wheels or lid of such wheeled-bin have been removed or damaged or in circumstances where such wheeled-bin has be damaged to such an extent that it is not fit for the purpose for which it w designed or is not capable of being conveniently emptied, and in the eve that the occupier of premises requires from time to time a replacement wheeled-bin, or more than one wheeled-bin such replacement or other wheeled-bin may be provided by the service provider.

6 Manner in which wheeledbin requires to be presented person presenting waste for collection by a person who is not a service provider Times for presentation of waste for collection and removal of wheeled-bin after collection. Waste deemed to have been placed for the collection of waste therein depositing waste on any footway, pavement or roadway unless in accordance with Bye-Law 5 or Bye-Law 6 Offences and Penalty Fixed Payment Notice (14) A person presenting waste in a wheeled-bin for collection shall present t wheeled-bin with the lid thereof fully closed and, where possible with th handles of the wheeled-bin pointed in the direction of the public road. (15) A person presenting waste for collection shall not present such waste for collection by any person other than a service provider. (16) A person presenting waste for collection in accordance with these Bye-L by a service provider shall not present the same for collection earlier than 8.00 pm on the day immediately preceding the prescribed time and such person shall not cause or permit any wheeled-bin to remain outside any premises after the end of the day in which the prescribed time occurs. (17) Where waste is or remains in the prescribed place during the prescribed t it shall be deemed to have been placed in the prescribed place by a perso with the intention that it be presented for collection of the relevant waste that the service provider, its servants or agents, has or have full and irrevocable authority to undertake the collection of such waste and where waste is presented for collection pursuant to Bye-Law 5 of these Bye-La that the service provider, its servants or agents, has or have full and irrevocable authority to take such readings, migrations or downloading o information or other data from any micro chip implanted on a wheeled-b in any way attached thereto. (18) The occupier of any premises who shall remove or cause to be removed, waste produced upon his premises, shall not in the process of removal de such waste upon any footway, footpath, pavement, road or roadway, nor he allow the same to be deposited upon any such footway, footpath, pavement, road or roadway, by any person acting directly for him provid that the foregoing requirements shall not be deemed to prohibit the depo the prescribed place at the prescribed time of any waste for collection in accordance with Bye-Law No. 5 or Bye-Law 6 of these Bye-Laws (19) A person who contravenes a provision of these bye-laws shall be guilty o offence under and by virtue of Section 40 of the Local Government Act, and shall be liable on summary conviction to a fine not exceeding 1,500 (20)(1) If an authorised person has reasonable grounds for believing that a per committing a contravention or has committed a contravention of a pro of these Bye-Laws the authorised person may serve on the person a fix payment notice as prescribed by the Local Government Act, 1994 (By

7 Laws) Regulations, 1995 [S.I. No. 360 of 1995] or any Regulation am or extending the same stating- (a) (b) (c) that the person is alleged to have committed the contravention, that the person may during the period of 21 days beginning on th of the notice, make to the City Council a fixed payment in the su 60 accompanied by the Notice, and that a prosecution in respect of the alleged contravention will no instituted during the period specified in the notice and, if the pay specified in the notice is made during that period, no prosecution respect of the alleged offence will be instituted. (2) Where a notice is issued under subsection (1)- (a) (b) (c) a person to whom the notice applies may, during the period spec the notice, make to Limerick City Council the payment specified notice, accompanied by the notice, Limerick City Council shall receive the payment and issue a rec it and may retain the money so paid and no payment so received in any circumstances be recoverable by the person who made it, a prosecution in respect of the alleged contravention shall not be instituted in the period specified in the notice and, if the paymen specified in the notice is made during that period, no prosecution respect of the alleged contravention shall be instituted. (3) In a prosecution for a contravention referred to in subsection (1) of thi Law, the onus of showing that a payment pursuant to a notice under th Law has been made shall lie with the person on whom the notice is ser (4) Any notice required to be served by or under this Bye-Law shall be se one of the following ways- (a) (b) (c) (d) by delivering it to the person by hand by leaving it at the address at which the person ordinarily reside by sending it by post in a prepaid registered letter addressed to th person at the address at which the person ordinarily resides, If an address for service of notices has been furnished by the per leaving it at, or sending it by prepaid registered post addressed t person to, that address.

8 MADE AND ADOPTED BY LIMERICK CITY COUNCIL THIS 29 th DAY OF MARCH, 2005 PRESENT WHEN THE COPORATE SEAL OF LIMERICK CITY COUNCIL WAS AFFIXED HERETO:-

9 CITY OF LIMERICK THE LIMERICK CITY (PRESENTATION & COLLECTION OF HOUSEHOLDWASTE AND COMMERCIAL WASTE) BYE-LAWS, 2005