THE CORPORATION OF THE CITY OF CRANBROOK BYLAW NO. 3744 SOLID WASTE COLLECTION AND DISPOSAL BYLAW A Bylaw to provide regulations for the collection and disposal of Solid Waste for the City of Cranbrook. Whereas pursuant to the provisions of the Community Charier, Council may, by bylaw, establish and maintain a system to collect, remove and dispose of Solid Waste. The Municipal Council of the Corporation of the City of Cranbrook, in open meeting assembled, enacts as follows: 1. TITLE PART I-INTERPRETATION AND DEFINITIONS 1.1 This Bylaw may be cited as "City of Cranbrook Solid Waste Collection and Disposal Bylaw, No. 3744, 2012". 2. INTERPRETATION 2.1 In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender. HEADINGS 2.2 The headings given to parts, sections and paragraphs in this Bylaw are for convenience of reference only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. SEVERABILITY 2.3 If any portion of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder. SCHEDULE 2.4 Schedule "A" is attached to and forms part of this Bylaw.
PAGE 2 BYLAW NO. 3744 3. DEFINITIONS 3.1 In this Bylaw, Add-A-Day Service means the collection of Solid Waste will take place one (1) or two (2) additional day(s), as applicable, after the following statutory holidays: a) Christmas Day, December 26 (Boxing Day), Good Friday, Easter Monday; b) B.C. Family Day, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, B.C. Day, New Year's Day; and c) any additional day proclaimed by Federal or Provincial Government as a public holiday. When a statutory holiday falls on a Saturday or a Sunday the following Monday and/or Tuesday shall be deemed to be the holiday. The collection schedule is available at City Hall. Apartment means a building which is either occupied or intended to be occupied by more than two families living independently of one another upon the same premises and includes, but is not limited to: a) Structures known as townhouses and Condominiums; b) Senior Citizens' complexes; and c) Self-contained units in a complex of more than two units. Ashes means the residue and cinders from any substance used for fuel, but does not include such residue as may accumulate as a result of building construction operations. Building Inspector Bulky item Bylaw City means the person appointed as such by the Chief Administrative Officer and any person delegated to assist him in carrying out his duties under this Bylaw. shall include furniture, large appliances, carpet and mattresses. means "City of Cranbrook Solid Waste Collection and Disposal Bylaw No. 3744, 2012." means the Corporation of the City of Cranbrook.
PAGE 3 BYLAW NO. 3744 Council Commercial means the Municipal Council of the Corporation of the City of Cranbrook. means a business engaged in the direct retailing of goods or provision of services to the final consumer. This includes any establishment that requires a business licence as well as clubs, organizations and societies Condominiums Corrugated Cardboard means a system of separate ownership of individual units in a multiple unit building, developed in conformity with the Strata Properly Act. means containers or materials used in containers consisting of three (3) or more layers of kraft paper material and having smooth exterior lines and a corrugated or rippled core, but excluding containers which are impregnated with blood, grease, oil, chemicals, food residue, wax, or have polyethylene, polystyrene, foil or other non-paper liner, or are contaminated with a material which will render the Corrugated Cardboard not marketable. Director of Finance and Computer Services Director of Public Works Duplex Dwelling Unit Garbage Garbage Collector means the person appointed as such by Council and any person delegated to assist him in carrying out his duties under this Bylaw. means the person appointed as such by the Chief Administrative Officer and any person delegated to assist him in carrying out his duties under this Bylaw. means two Dwelling Units either side by side or one above the other. means one or more rooms forming a single unit that is/are used or intended to be used for residential accomodations and contains cooking, sleeping, and sanitary facilities, other than hotels and motels. means all putrescent material including meats, fish, fruits and vegetables resulting from the handling, preparation, cooking and consumption of food. means the employee of the City or other person who is under contract with the City to collect Solid Waste within the City. Garbage Receptacle or means : a) Any prefabricated container of rectangular or circular design;
PAGE 4 BYLAW NO. 3744 Receptacles b) Non-returnable plastic bags; or c) Garbage bins provided by a City licensed and contracted Garbage Collector. Hazardous Waste Industrial Institutional Owner Person Refuse School Solid Waste means as defined in the Hazardous Waste Regulation of the Environmental Management Act. means places that carry on one or more of the following activities: the manufacturing, processing, assembling, cleaning, repairing, servicing, testing, storage, warehousing distribution or trans-shipment of material, goods, products or equipment. means place where the occupants sojourn for limited periods, including, but not limited to, senior citizens residences, group homes and hospitals. means the registered Owner as shown in the records of the Land Title Office in fee simple of real property or a strata lot, and in the event that there is a registered agreement for sale and purchase, Owner means the registered holder of the last registered agreement for sale and purchase. in addition to its ordinary meaning shall mean and include a partnership, association, company, society, body corporate, and in the singular shall mean and include the plural, and in the masculine shall mean and include the feminine and converse. means all non-putrescible material including broken dishes, tins, glass, rags, cast-off clothing, waste paper, excelsior, cardboard (with the exception of Corrugated Cardboard as defined herein), food containers, grass cuttings, shrubbery and tree prunings, but does not include manure, excrement, night soil, tree stumps, roots, turf, earth or such Solid Waste as may accumulate as a result of building operations. means an institution used for the education of students which is operated on non-residential property. This includes but is not limited to nursery and day care centres, Sunday Schools, colleges and universities. means Ashes, Garbage, Refuse or Trade Refuse as herein defined and includes any other matter or material suitable for disposal by the City Solid Waste system. Street, Lane or Alley means any public roadway used by Solid Waste collection vehicles to gain access to the boundary of a private property from which Solid Waste is being collected.
PAGES BYLAW NO. 3744 Transfer Station Trade Refuse means the Solid Waste management facility operated in Cranbrook by the Regional District of East Kootenay. means and includes every kind of waste material from Commercial or Industrial property and includes material from the work of constructing, repairing, decorating, clearing or grading a building or premises. 3.2 Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Local Government Act and Community Charter as the context and circumstances may require. A reference to a statute in this Bylaw refers to a statute of the Province of British Columbia and a reference to any statute, regulation, bylaw or other enactment refers to that enactment as it may be amended or replaced from time to time. 4. Residential Collection PART II COLLECTION 4.1 The Garbage Collector shall remove Solid Waste on an Add-A-Day Service at the following Dwelling Units: a) all single family Dwelling Units and Duplexes; b) Dwelling Units in Apartment buildings up to and including six (6) Dwelling Units in one building; c) Condominium Dwelling Units wherein all the individual Dwelling Units in a development front onto a public street. 4.2 The Garbage Collector shall pick up all Solid Waste set out at residential Dwelling Units provided it conforms to the terms of this Bylaw and does not exceed the Garbage Receptacle quantity limits outlined in section 14.1 unless appropriately tagged as per section 14.2. 5. Commercial and Industrial 5.1 Trade Refuse from Commercial and Industrial properties, as well as building sites, shall be the responsibility of the Owner to have removed at their own expense. When a Residential Dwelling Unit contains a Commercial or Industrial establishment that generates Trade Refuse, such Trade Refuse shall be removed at the expense of the Owner. Unsatisfactory Removal 5.2 Any Commercial or Industrial property which does not have its Solid Waste removed in a manner satisfactory to the Director of Public Works, shall be charged for costs incurred by the City to have such Solid Waste removed. If
PAGE 6 BYLAW NO. 3744 the charge is due and payable by December 31 and unpaid on that date, it is deemed to be taxes in arrears in respect of the property to which the service was provided and shall forthwith be entered on the real property tax roll as taxes in arrears. 6. Government Building and Apartments 6.1 Solid Waste from buildings owned by the Federal or Provincial Governments, Institutional buildings, Schools, churches, mobile home parks and Apartments containing more than six (6) Dwelling Units shall be the responsibility of the Owner/occupant to have removed and disposed of at their own expense. 7. Provincial Regulations Compliance 7.1 The City shall ensure that all City owned equipment used for Solid Waste collection and the manner in which Solid Waste is collected and disposed of within the City shall comply with the regulations of the Ministry of Health, Province of British Columbia. 8. Contracts 8.1 The City may enter into a contract with any person for the collection of the whole or a portion of the Solid Waste accumulated within the City. 9. Add-A-Day Service 9.1 The City shall provide Solid Waste collection four times per calendar month at a maximum of eight day intervals. When a four day holiday period exists, such as Christmas and Easter, collection will be provided as soon as feasible under the Add-A-Day Service. The City shall operate on an Add-A Day Service method for collection purposes as outlined herein. More frequent removal of Solid Waste must be arranged by the Owner/occupant at their own expense. 9.2 The Director of Public Works shall regulate the times and days of collection under the Add-A-Day Service schedule. Copies of the applicable schedule will be made available at City Hall. 10. Conformance 11. Brush PART III COLLECTION - PREPARATION 10.1 All Garbage, Refuse and Solid Waste to be collected by the Garbage Collector shall be deposited in and contained (no loose Solid Waste) in Garbage Receptacles or bundled as outlined herein. 11.1 Clippings from shrubs and trees commonly called "brush" must:
PAGE? BYLAW NO. 3744 a) b) c) d) Be tied in such a manner so as to permit easy handling without breaking apart; Not exceed 20 kilograms in weight; Not exceed a dimension of 1 meter in length; and Count as one (1) Garbage Receptacle. 12. Liquids 12.1 Liquids, including water, shall not be deposited in Garbage Receptacles for collection. All Solid Waste containing moisture shall be thoroughly drained to remove excess moisture, wrapped in paper, securely tied and then placed in a separate plastic bag prior to being put into Garbage Receptacles as defined herein for collection. 13. Unacceptable Items 13.1 The following items will not be accepted or handled by the Garbage Collector and shall not be deposited in Garbage Receptacles as outlined herein for collection: a) Trade Refuse, stones, earth, manure, excrement, night soil, tree stumps, roots, turf, earth or such waste as may accumulate as a result of building operations; b) All materials, substances and matters which will not be accepted at the Transfer Station; c) Any highly combustible, flammable, or explosive material, liquid or waste; d) Bulky items. 13.2 No Person may deposit for pick up by the Garbage Collector any Hazardous Waste that, on its own or when mixed with another material, may pose risks to the health and/or safety of the Garbage Collector. 13.3 No Person shall place banned materials or substances in the Solid Waste collected by the Garbage Collector. Every Person shall deal with unacceptable items according to the Waste Management Act, including the collection, storage, removal or disposal of said unacceptable item(s). PART IV STANDARDS - GARBAGE RECEPTACLES & VEHICLES 14. Maximum Number of Garbage Receptacles
PAGE 8 BYLAW NO. 3744 14.1 Each household shall be allowed a maximum of three (3) Garbage Receptacles, including prefabricated Receptacles and plastic bags, per weekly pick up. Garbage Receptacles Over the Limit 14.2 Notwithstanding section 14.1 of this Bylaw, the Owner/occupant of residential Dwelling Unit may place out for collection more than three (3) Garbage Receptacles, provided that each of the additional Garbage Receptacles is affixed with a tag, in a visible position. Tags are available at City Hall for a charge as specified in Schedule "AI!. Exemption for medical condition 14.3 Twenty-five (25) tags per year will be provided at no charge to residents who may produce additional Solid Waste due directly to a medical condition. Such residents must submit an application form to the Director of Finance and Computer Services, authorized by their physician to be eligible for this exemption. The medical exemption runs for the calendar year and must be renewed annually, although a new physician's authorization is only required every two (2) years. 15. Garbage Receptacle 15.1 Any Garbage Receptacle shall: a) Have a maximum capacity of 100 litres; and b) When full, weigh not in excess of 20 kilograms. Prefabricated Garbage Receptacle 15.2 Any prefabricated Garbage Receptacle shall: Plastic Bag a) Have a water tight cover and a smooth rim; b) Be rust resistant; c) Have fixed handles; d) Be in good structural and sanitary condition; and e) Must not contain loose Solid Waste. 15.3 Any plastic bag used as a Garbage Receptacle shall: a) Be securely tied closed at the top;
PAGE 9 BYLAW NO. 3744 b) Be strong enough to withstand normal handling and lifting; and c) Contain no glassware, bottles or sharp items which may tear the bag and cause injury to the Garbage Collector. 16. Unacceptable and Non-Conforming Receptacle 16.1 When any Garbage Receptacle is deemed to be unfit for use by the Garbage Collector, such Receptacle shall be removed along with the Solid Waste by the Owner/occupant and replaced with a Receptacle as described in section 15. 16.2 When plastic bags containing Solid Waste have been torn apart by rodents, birds, dogs or other causes, it is solely the responsibility of the Owner/occupant to collect any scattered Solid Waste in order to place it in a new Garbage Receptacle as defined in section 15 for collection, thereby preventing unsightly and unsanitary conditions. 16.3 No collection will be made by the Garbage Collector of Solid Waste that is placed out for collection in a manner that does not conform to the standards and regulations as set out in this Bylaw. 16.4 The City may suspend Solid Waste collection from Dwelling Units where the Garbage Receptacles, by location or design, are not accessible for pickup according to the provisions of this Bylaw; but such suspension shall not waive any requirement, or abate or waive any fees or charges under the provisions of this Bylaw. 17. Collection hours PART V RECEPTACLE LOCATIONS 17.1 Garbage Receptacles shall be kept, maintained and readily accessible for emptying between the hours of 7:00 a.m. and 7:00 p.m. on the day of collection. All emptied Garbage Receptacles shall be removed from the curb within eighteen (18) hours of collection. 18. Receptacle Locations Laned Subdivision 18.1 Where there is a Lane adjacent to the Dwelling Unit, the Garbage Receptacle shall be kept on a portion of the premises immediately abutting the Lane in order to provide the Garbage Collector with unobstructed and convenient access thereto. Laneless Subdivision 18.2 Where there is no Street, Lane or Alley at the rear of the Dwelling Unit or where other special conditions exist which make impractical the placement
PAGE 10 BYLAW NO. 3744 of Garbage Receptacles as outlined above, such Receptacles shall be located at a reasonable and mutually convenient place for collection by the Garbage Collector without entering upon private property. All such arrangements must be approved by the Director of Public Works. Private Property 18.3 The Garbage Collector shall not be required to enter upon private property except by special contractual agreement between the City and the Owner/occupant of that property. 19. Housing Enclosures 19.1 When Garbage Receptacles are encloseo in a separate shed or housing, the shed or housing must: a) Be constructed immediately adjacent to a Street, Lane and Alley and flush with the Street, Lane and Alley; b) Have the side nearest the Street, Lane and Alley open and not obstructed in any way by the use of doors or other containment measures in order to provide free access to the Garbage Collector without the opening of doors, gates, lids or other restrictive enclosures; c) Be kept in good structural and sanitary condition by the property Owner/occupant; and d) Be at ground level or on a platform no more than 76 cm. high. 19.2 Oversized Garbage Receptacles may be used as a housing enclosure. The three (3) bag limit as per section 14.1 applies. The Garbage Collector must be able to reach the plastic bag at the bottom of the container without tipping the container. 20. Commercial Vehicles 20.1 All Commercial vehicles used for Solid Waste collection shall be kept in a clean and sanitary condition. Cover Required 20.2 No vehicle, conveyance or container shall be used for conveyance or storage of Solid Waste unless such vehicle, conveyance or container is fitted with a suitable cover capable of preventing the dropping, spilling or blowing off of Solid Waste while it is being transported or stored. PART VI REGULATIONS
PAGE 11 BYLAW NO. 3744 21. General Regulations 21.1 No Person, being the Owner/occupant or Person in charge of any building or premises in the City, shall place or permit to be placed, any Solid Waste for collection unless it is done so in accordance with the regulations as set out in this Bylaw. 21.2 No Person other than the Garbage Collector shall interfere with or disturb the contents of any Garbage Receptacle after it has been placed for collection. 22. Explosive Materials 22.1 No Person shall place, mix or permit to be placed or mixed with any other material for collection and removal by the Garbage Collector any highly combustible, flammable or explosive material, liquid or waste, or any other item not accepted at the Transfer Station. 23. Littering 23.1 No Person shall deposit or permit to be deposited at any time, Solid Waste or discarded matter of any kind whatsoever on any City Street, Lane, Alley, sidewalk, creek or waterway, boulevard, park, highway, public roadway or public right-of-way. 24. Penalties and offences 24.1 Every Person who: PART VII PENALTIES AND OFFENCES a) Offends any provision of this Bylaw; b) Suffers or permits any act or other thing to be done in contravention and violation of any provision of this Bylaw; c) Neglects to do or refrains from doing anything required to be done by any provision of this Bylaw; or d) Does any act or thing which violates any provision of this Bylaw, is guilty of committing an offence against this Bylaw and liable to the penalties prescribed in sections 24.2 and 24.3. 24.2 Every Person who commits an offence against this Bylaw is punishable on conviction by a fine of not less than fifty dollars ($50) and not more than five thousand dollars ($5,000) for each offence. 24.3 Every person who commits an offence against this Bylaw of a continuing
PAGE 12 BYLAW NO. 3744 nature is liable to a fine not exceeding fifty dollars ($50) for each day such offence is continued. 25. Service Fee PART VIII RATES & FEES 25.1 Every Person who is the Owner of property in the City which is served by Solid Waste collection shall pay a monthly utility collection fee as established by Council and set out in Schedule "A". 25.2 Every Person who is the Owner of property in the City, whether or not the property is served by Solid Waste collection, shall pay a monthly utility landfill fee as established by Council and set out in Schedule "A". 25.3 All rates payable under this Bylaw shall be billed on a bi-monthly (every two [2] months) frequency commencing with January/February, billed at the end of January, due on the last day of February. 25.4 As soon as is practicable after each bi-monthly due date, an amount equal to two (2%) percent shall be added to any amount outstanding at the end of the billing period. Any amount so added shall be deemed to be rates due. 25.5 The charges referred to in sections 25.1 and 25.2 shall commence on a newly constructed or installed building upon the earliest of: (a) the City receiving a request from the Owner or their authorized agent for a water turn-on; or (b) immediately upon the expiration of one hundred and eighty (180) days from the date of issuance of the building permit. 25.6 An extension to the 180 day mark may be considered provided the Owner or their authorized agent applies in writing to the Building Inspector. Extensions are only granted in multiples of thirty (30) days. Requests for extensions must be received by the Building Inspector at least five (5) business days prior to the expiration of the initial 180 day mark or the expiration of any subsequent thirty (30) day mark. 25.7 Failure to request an extension will not result in a reversal of fees applied. 25.8 When charges due under this Bylaw remain unpaid on the 31 sl day of December, the same shall be deemed to be taxes in arrears in respect of the property to which the service was provided and shall forthwith be entered on the real property tax roll as taxes in arrears.
PAGE 13 BYLAW NO. 3744 26. Exemptions by Council 26.1 An Owner of a residential Dwelling Unit may apply in writing to Council for an exemption from the Solid Waste collection service for a residential address. 26.2 Application for exemption of Solid Waste collection service will only be considered if the following requirements are satisfied: (a) (b) In the opinion of the Director of Public Works, the collection service cannot reasonably and practically be provided to that residential Dwelling Unit by reason of inadequate access or otherwise, in which case the Owner will be exempted from collection fees but will continue to be responsible for landfill fees; or In the opinion of the Building Inspector, the residential Dwelling Unit in respect to which the collection service would otherwise be provided has been damaged or destroyed such that it is no longer habitable or has been demolished, in which case the Owner will be exempted from collection and landfill fees. 27. Exemption for Non-occupancy 27.1 Where the Owner/occupant of a residential Dwelling Unit is vacating the premises and wishes to discontinue the use of Solid Waste collection service, the Owner may apply in writing to the Director of Finance and Computer Services for an exemption of Solid Waste collection service for non-occupancy. 27.2 Application for exemption of Solid Waste collection service for nonoccupancy will only be considered when the Owner concurrently applies for a water turn-off and the water turn-off is performed by the City's Public Works Department. The approved applicant will be exempted from collection and landfill fees. The adjustment will not be retroactive. 27.3 Where there is one (1) water connection to two (2) or more Dwelling Units and a water turn-off cannot be performed, and where the Owner/occupant of a residential Dwelling Unit is vacating the premises and wishes to discontinue the use of Solid Waste collection service, the Owner may apply to the Director of Finance and Computer Services for an exemption of Solid Waste collection service for non-occupancy by completing the required vacancy report which is available at City Hall. 27.4 The vacancy report must be submitted prior to or on the current billing period due date and will only apply to one billing period. A new vacancy
PAGE 14 BYLAW NO. 3744 report is required for each billing period. The approved applicant will be exempted from collection and landfill fees. 28. Repeal and Effective Date 28.1 "City of Cranbrook Waste Collection and Disposal Bylaw, No. 3034, 1991" and all amendments are hereby repealed. 28.2 This Bylaw shall come into force and take effect on September 1 S\ 2012. Read a first time this 16 th day of July, 2012. Read a second time this 16 th day of July, 2012. Read a third time this 16 th day of July, 2012. Adopted this 13 th day of August, 2012. ayor Director of Corporate Services
PAGE 15 BYLAW NO. 3744 SCHEDULE "A" MONTHLY FLAT RATES 1. COLLECTION FEE 1.1 For those Dwelling Units listed under section 4. 1.2 Tag-a-bag - For collection in excess of three (3) Garbage Receptacles, including plastic bags, per weekly pick up. - For each tag: 2. LANDFILL FEES 2.1 For each Dwelling Unit (including each Dwelling Unit within multi-family structures) 2.2 CommercialllndustriallUtility/GovernmenUlnstitutional unless otherwise indicated 92.9 m' floor space or less 93.0 m" to 186 m" floor space 186.1 m" to 464.5 m" floor space 464.6 m L to 929 m' floor space 929.1 m' to 1858 m' floor space 1858.1 m" to 3716 m" floor space 3716.1 m" to 7432 m" floor space 7432.1 m' and over floor space 2.3 Shopping mall for each 278.7 m 2 2.4 Church $7.50 $1.50 $12.00 $39.95 $60.10 $80.05 $99.95 $120.00 $160.10 $200.05 $240.00 $39.95 $39.95 2.5 Cafe, Restaurant, Disco, Neighbourhood Pub - for each seat (minimum $25.00) $0.85 2.6 Hotel, Motel - for each room (minimum $19.00) plus - for each seat in a dining room, lounge, night club or similar area (minimum $25.00) $3.95 $0.85 2.7 School, College - for each classroom - Plus for each seat in a dining room or cafeteria $8.05 $0.85 Dwelling Units above or in connection with stores, offices or other places of business shall be charged at rates for Dwelling Units independent of the rates for the place of business.