Bylaw C11-95 Waste Collection, Removal & Disposal
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BEING A BYLAW OF THE CITY OF FORT SASKATCHEWAN IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A SYSTEM FOR THE COLLECTION, REMOVAL AND DISPOSAL OF WASTE.
WHEREAS, provincial legislation, including the Municipal Government Act, has given the Municipal Council the authority to establish and maintain a system for the collection, removal and disposal of waste throughout the municipality.
NOW, THEREFORE, the Municipal Council duly assembled enacts as follows:
SHORT TITLE AND SCHEDULES
1.1 This Bylaw shall be known and may be cited as the “Solid Waste Bylaw” of the City of Fort Saskatchewan.
1.2 Schedule 1 is hereby annexed to and declared to be part of this Bylaw.
2.1 “ASHES” means the residue left after the combustion of any substance, but shall not include such ashes as may accumulate as the result of building operation.
2.2 “BUILDING” means any structure used or intended for supporting or sheltering any use or occupancy.
2.3 “BUILDING WASTE” means waste produced in the process of constructing, altering, or repairing a building.
2.4 “CITY” means the Corporation of the City of Fort Saskatchewan or the area contained within the boundaries thereof, as the context requires.
2.5 “COLLECTOR” means any person authorized to collect, remove and dispose of Waste pursuant to this Bylaw.
2.6 “COMMERCIAL PREMISES” means any land or building designated under the City Land Use Bylaw No. 1840, as amended or repealed and replaced from time to time, as being in a commercial land use district.
2.7 “CONTAINER” means a metal or plastic container for Waste to be emptied only by mechanical means.
2.8 “COUNCIL” shall mean the Council of the City of Fort Saskatchewan.
2.9 “DANGEROUS GOODS” means any material as defined under the Transportation of Dangerous Goods and Control Act (RSA 1980 C T6-5 as amended or repealed and replaced from time to time).
2.10 “DUPLEX RESIDENTIAL DWELLING” means any building or mobile home containing two (2) units occupied or used as abodes or residences or places of living, without limiting the generality of the foregoing, shall include duplexes.
2.11 “GARBAGE” means the refuse in the nature of animal or vegetable matter, except night soil, which is being used or intended for use as food.
2.12 “HEAVY INDUSTRIAL PREMISES” means any lands or buildings designated under the City Land Use Bylaw No. 1840, as amended or repealed and replaced from time to time, as being in a “Heavy Industry M2” land use district.
2.13 “HIGHWAY” means any thoroughfare, street, road, trail, avenue, parkway, viaduct, lane, alley, square, bridge, causeway, trestleway or other space, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles, and includes:
2.13.1. a sidewalk (including a boulevard portion thereof)
2.13.2. where a ditch lies adjacent to and parallel with the roadway, the ditch, and
2.13.3. where a highway right-of-way is contained between fences or between a fence and one side of the roadway, all the land between the fence and the edge of the roadway, as the case may be, but does not include, a place declared by the Lieutenant Governor in Council not to be a highway.
2.14“IDENTIFICATION” shall mean a document which establishes to the satisfaction of the Manager of Planning and Public Works or any person acting under the authority and direction of the Manager of Planning and Public Works the identity and place of usual residence of any person.
2.15 “INSTITUTIONAL PREMISES” means any land or building designated under the City Land Use Bylaw No. 1840, as amended or repealed and replaced from time to time, as being in an institutional Land Use District.
2.16 “LIGHT INDUSTRIAL PREMISES” means any lands or buildings under the city Land Use Bylaw No. 1840, as amended or repealed and replaced from time to time, as being in a “General Industry M1” land use district.
2.17 “DEPARTMENT MANGER, PLANNING AND PUBLIC WORKS” means the Manager of Planning and Public Works of the City of Fort Saskatchewan or his designated who is responsible for the collection or disposal of Waste.
2.18 “MULTI-RESIDENTIAL DWELLING” means any building or mobile home containing three (3) or more units occupied or used as abodes or residences or places of living which, without limiting the generality of the foregoing, shall include townhouses, row houses and condominiums.
2.19 “NUISANCE” means the disposal of Waste in such a manner as to be offensive to the public at large, which, without restricting the generality of the foregoing, shall include townhouses, row houses and condominiums.
2.20 “PEACE OFFICER” means a member of the Royal Canadian Mounted Police, or, a Bylaw Enforcement Officer of the City.
2.21 “PERSON” means firm, corporation, tenant, owner or occupier of any building or premises.
2.22 “PREMISES” means a site including any buildings erected thereon.
2.23 “RECEPTACLE” means a container at least 40 cm (16”) in diameter and not exceeding 71 cm (28”) in height, the capacity or volume of which does not exceed 126 cubic decimetres (4.5 cubic feet) maximum capacity and not less than 1.5 millimetres thickness or a non-returnable plastic bag, securely tied at the top when ready for collection, being no more than 76 cm (30”), no more than 46 cm (18”) in width, and capable of holding 27 kg of contents when lifted.
2.24 “RECYCLING STATION” means a facility where Waste is collected for the purpose of recovery and re-use.
2.25 “REFUSE” means all putrescible materials resulting from the handling, preparation, cooking, consumption and storage of food, along with the following materials: broken dishes, tins, glass, rags, cast-off clothing, waste paper, excelsior, cardboard, sawdust, food containers, grass clippings, plastic, shrubbery and tree pruning, weeds and garden waste; but does not include manure, tree stumps, roots, turf, earth, furniture, major household appliances, discarded auto parts or such waste matter as may accumulate as a result of building constructions, renovation, or repair.
2.26 “RESIDENTIAL PRMISES” means any lands or buildings designated under the City Land Use Bylaw No. 1840, as amended or repealed and replaced from time to time, as being in a residential land use district, which, without limiting the generality of the foregoing, shall include a Single Residential Dwelling, Duplex Residential Dwelling, and a Multi-Residential Dwelling.
2.27 “SINGLE RESIDENTIAL DWELLING” means any single detached building or mobile home containing one (1) unit occupied or used as an abode or residence or place of living but does not mean any apartment house, hotel, licensed rooming house, licensed boarding house, tourist cabins, or any room or suite of rooms in any building containing trade premises.
2.28 “TRADE REFUSE” means Ashes and Refuse from Institutional, Commercial, Light Industrial, Industrial or Heavy Industrial Premises including but not limited to warehouses, factories, stores, hospitals, schools, cafes, eating houses, wholesale or retail business places, and office blocks where the establishment occupies all or part of a building having mixed uses including any building requiring additional collection service. It does not include ashes and refuse from a Dwelling, apartment block or apartment house where any residential uses exist.
2.29 “DROP OFF STATION” means a facility where Waste is collected then transferred to a disposal site.
2.30 “WASTE” means any discarded or abandoned organic or inorganic material or material which the health regulations or the amenities of the area in which it exists, require that it be removed, and which, without limiting the generality of the foregoing includes Garbage, Refuse, Trade Refuse, and Ashes.
2.31 “YARD WASTE” means grass cuttings, shrubbery and hedge prunings (excluding tree branches, stumps, roots and logs), leaves, weeds, and garden Waste.
2.32 “NEWSPRINT” means paper made from wood pulp used chiefly for making newspaper.
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DELEGATION OF AUTHORITY
3.1 The Department Manager, Planning and Public Works is hereby authorized to do all things necessary in order to fulfill his responsibilities under this Bylaw.
3.2 The Department Manager, Planning and Public Works shall have the following authority:
3.2.1. supervise the collection, removal and disposal of Waste under this Bylaw and under any contract entered into pursuant hereto.
3.2.2. decide what does or does not constitute Waste which shall be collected, removed and disposed of under this bylaw.
3.3 Any person who considers himself aggrieved by a decision of the Department Manager, Planning and Public Works under Section 3.2 may appeal such decision to Council.
3.4 An appeal under section 3.3 shall be made within 30 days after receipt of the Department Manager, Planning and Public Works’ decision.
3.5 All appeals shall be made in writing addressed to the City Manager.
3.6 The decision of Council in such an appeal shall be final.
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4.1 The City may contract with any person and may grant an exclusive or non-exclusive right to any person or persons for the collection, removal, disposal and recycling of Waste upon such terms and conditions as are considered expedient.
4.2 All persons in charge of any Residential, Institutional, Commercial or Light Industrial Premises shall provide and maintain in good condition a sufficient number of Containers or Receptacles to contain all Waste from the Residential, Institutional, Commercial or Light Industrial Premises in respect of which said Containers or Receptacles are used.
4.3 All persons in charge of any Heavy Industrial Premises in the City shall provide and maintain in good condition a sufficient number of Receptacles or Containers to contain all Waste from the Heavy Industrial Premises in respect of which same are used, and shall arrange to have such Waste removed or properly disposed of.
4.4 Where there is no single person in charge of any buildings or premises where there are two (2) or more separate tenants, each such tenant shall provide sufficient Receptacles or Containers.
4.5 All Receptacles and Containers must be fitted with covers which must remain closed. The covers must be suitable to prevent Waste from spilling or blowing from the Receptacles or Containers.
4.6 No person shall use, or permit to be used, Containers or Receptacles for waste disposal purposes from which any Waste can spill or blow from the said Containers or Receptacles when Waste is being dumper or stored in the Containers or Receptacles or emptied therefrom. Failure to immediately pick up Waste which is spilled from such Containers or Receptacles constitutes an offense under this Bylaw.
4.7 No person shall place Waste in a Receptacle or Container of any other person without the express written consent of the owner of the Receptacle or Container.
4.8 No person shall collect or dispose of any Waste as defined herein except under the provision of this Bylaw.
4.9 If the number or condition of Receptacles or Containers provided by a person is considered by the Manager of Planning and Public Works to be insufficient in practice to meet the requirements of this Bylaw, then the Manager of Planning and Public Works may, by notice, direct the person to promptly provide additional Receptacles or Containers as the case may be.
4.10 No person shall dispose of any Waste from Institutional, Commercial, General industrial or Heavy Industrial Premises for collection at a Receptacle or Container used for disposal of Waste from Residential Premises.
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DUTY OF COLLECTORS
5.1 Collectors shall replace emptied Receptacles and the lids in approximately the same location where picked up.
5.2 Collectors shall not leave Waste which has spilled on the ground from the Receptacle, the Container or the collection vehicle while in the process of loading.
5.3 Collector shall not scavenge, pick, sort over, or remove any Waste from the collection vehicle, the owner’s premises, the Drop Off Station, or Recycling station except as directed by the Department Manager, Planning and Public Works.
5.4 No person, other than a Collector or the person who placed Waste in a Receptacle or Container, shall interfere with or disturb the contents of any Receptacle or Container after the contents have been placed in the Receptacle or Container for collection. All Waste collected by a Collector or disposed of by any person at a Drop Off Station or Recycling Station pursuant to the terms of this Bylaw becomes the property of the City of Fort Saskatchewan.
5.5 The Collector shall not misuse or damage any Receptacle or Container and shall, after emptying the contents thereof, replace the same where found in its location off the lane or street. The Collector shall also carefully gather up any Waste which may have been spilled on the ground from the Receptacles or Container.
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PREPARATION OF WASTE FOR COLLECTION
6.1 The person in charge of any building or premises shall keep the lane in the rear of their premises to the center line thereof in a clean and tidy condition and free from Refuse.
6.2 The City shall not collect Waste from:
6.2.1. any Receptacle which with the weight of its contents exceeds 27 kg;
6.2.2. any Receptacle which cannot be emptied by the Collector in a normal “free-flowing” manner.
6.2.3. any Receptacle which has been condemned by the City.
6.3 A person shall not put out, or permit to be put out, Waste for collection unless:
6.3.1. clippings from shrubs and trees commonly called “brush” are compactly and securely tied in bundles not exceeding 1.2 m in length nor 27 kg in weight, and placed beside the Receptacles;
6.3.2. the Refuse and Trade Refuse is thoroughly drained and wrapped in paper and securely tied before being put into Receptacles for collection;
6.3.3. rags and cast-off garments are tied securely in bundles and placed within or beside Receptacles for removal;
6.3.4. waste paper, Newsprint and cardboard is securely tied in bundles and placed within or beside Receptacles or Containers for removal;
6.3.5. Ashes are cooled and put into sealed disposable containers;
6.3.6. sawdust is put into sealed disposable containers;
6.3.7. animal feces and any other manure type wastes are packaged separately from other Waste in a securely tied double plastic bag before being placed for collection.
6.4 A person shall not place, permit to be placed, or mix with any material for collection or disposal as Waste;
6.4.1. any highly flammable, combustible or explosive material which, without limiting the generality of the foregoing shall include petroleum based fuel or lubricant, gun powder, dynamite, blasting caps, motion picture film, hot Ashes, or toxic materials;
6.4.2. any Dangerous Goods;
6.4.3. hypodermic needles unless packaged so they can be handles safely;
6.4.4. luminescent gas filled lights, unless such lights are pre-broken or encased in a container of sufficient size and strength to protect such tubes from breakage and allow safe handling;
6.4.5. sharp objects or broken glass unless packaged to allow safe handling.
6.5 In cases where Receptacles are normally kept at the point of regular pick-up, such Receptacles shall be placed on a suitable stand. Said stands shall not be less than 51 cm (20”) above the ground and be constructed so as to make the Receptacles reasonably safe from being displaced from said stands by winds, animals or otherwise.
6.6 All Receptacle lids shall be either secured by a closure clip, or shall be fastened to a stand by a suitable chain, wire or rope.
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7.1 The Department Manager, Planning and Public Works shall schedule the collection of Waste.
LOCATION OF RECEPTACLES
8.1 No person shall place or keep Receptacles or Containers for Waste upon any lane or highway of the City. Such Receptacles and Containers shall be placed and kept at the rear of the building or premises concerned as near the lane as practicable so that the Collector shall have unobstructed and convenient access thereto.
8.2 In cases where;
8.2.1. no lane exists in the rear of any building or premises, or
8.2.2. other special conditions exist making it impracticable to place and keep such Receptacles or Containers at the location specified in Sub-section 8.1 above, such Receptacles or Containers shall be placed and kept where directed by the Department Manager, Planning & Public Works.
8.3 Where there is a retaining wall, steep slope or other obstruction between the lane from which the Waste is collected and the pick-up location, the Receptacles shall be placed at a convenient height to enable the collector to obtain from the land level.
8.4 Collection shall not be made from inside any building except when, in the sole judgment of the Department Manager, Planning and Public Works, it is impractical to place the Receptacles outside of the building to await collection.
8.5 All persons shall permit authorized Collectors of Waste to enter their yards and premises at all reasonable times for the purpose of carrying out their duties.
8.6 Any person, being the owner, occupant, tenant or person in charge of any property or premises who puts out Waste for collection shall provide unobstructed and convenient access for collection of such waste.
8.7 Multi-family residential public or private developments will receive collection service provided that the Receptacles at the pick-up locations are easily accessible and no backing up or maneuvering of collection vehicles is required.
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TRANSPORTATION OF WASTE
9.1 A person shall not use, or permit to be used, any vehicle for the conveyance or storage of Waste unless such vehicle is fitted with a suitable cover capable of preventing the dropping, spilling or blowing off of Waste while it is being transported or stored.
BURNING OF WASTE
10.1 A person shall not burn Waste in the open air within the City unless permission to do so has been issued by the City Fire Department.
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PRIVATE COLLECTION CONTRACTS
11.1 The owner, occupant, tenant, or person in charge of any Heavy Industrial Premises in the City may enter into a contract or contracts with any person for the collection of whole or part of the Waste accumulate at that Premises within the City.
11.2 Subject to Section 11.3, herein, the owner, occupant, tenant, or person in charge of any Residential, Commercial, Institutional or Light Industrial Premises shall only enter into a contract or contracts for the collection, removal and disposal of the whole or part of the Waste accumulated at the Premises with a person or persons who have a valid existing right granted by the City for the Collection, removal and disposal of Waste from that Premises.
11.3 A person engaged in the construction or renovation of any Residential, Institutional, Commercial or Light Industrial Premises may enter into a contract or contracts with any person for the collection of the whole or part of the Waste accumulated at the Premises as a result of the construction or renovation activity.
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DROP-OFF STATIONS AND RECYCLING STATIONS
12.1 The Department Manager, planning and Public Works shall have the authority to regulate the disposal of Waste at City Recycling Stations and Drop Off Stations in any manner which is not inconsistent with the provisions of this Bylaw, which, without limiting the generality of the foregoing, shall include the authority to prescribe hours of operation and types of Waste which may be disposed of at City Recycling Stations and Drop Off Stations.
12.2 A person shall not deposit Waste at any of the City’s Recycling Stations or Drop-Off Stations unless the following conditions are met:
12.2.1. the Waste is deposited in accordance with the directions of the Recycling Station or Drop Off Station Attendant and in accordance with the appropriate signs at the sites;
12.2.2. all Waste is deposited in a manner which will minimize scattering by the wind.
12.3 No unauthorized person shall enter a City Recycling Station or Drop-Off Station for the purpose of scavenging, salvaging, scattering, searching through or burning any Waste.
12.4 No person shall dispose of radioactive material of any type whatsoever in any Container or Receptacle at any Recycling Station or Drop-Off Station.
12.5 The Department Manager, Planning and Public Works or any person acting under the authority and direction of the Department Manager, Planning and Public Works shall have the authority to request identification from any person wishing to dispose of Waste at a Recycling Station or Drop-Off Station.
12.6 The Department Manager, Planning and Public Works may refuse entry to a Recycling Station or Drop-Off Station to any person violating the terms of this Bylaw.
12.7 No person shall deposit or leave at the City Drop-Off Station any Waste which:
12.7.1. emanates from any factory, manufacturing or producing process, or
12.7.2. exceeds before compaction, ten (10) cubic metres or three (3) tons, whichever is less, in any one day or
12.7.3. may, by itself, or in combination with any other material that may be present, create a danger to the health or safety to persons employed at or visiting the Drop-Off Station, or
12.7.4. may be a public hazard, or
WASTE DISPOSAL CHARGES
13.1 Subject to section 13.2 herein, all persons receiving waste disposal services pursuant to this Bylaw shall pay the charges set out in Schedule I to this bylaw as amended from time to time by the City. In the event that any waste disposal charge remains unpaid after the date fixed for payment, there shall be added thereto, by way of penalty, ten (10%) percent of the total amount remaining unpaid.
13.2 City Council may, by resolution, temporarily suspend the levying of waste disposal charges as provided in this Bylaw.
13.3 Any unpaid waste disposal charge under this bylaw shall constitute a debt owing to the City an is recoverable by any of the following methods:
13.3.1. by action in any Court of competent jurisdiction;
13.3.2. by distress and sale of the goods and chattels of the person owing the waste disposal charge, where ever they may be found in the City;
13.3.3. by discontinuing the waste disposal service;
13.3.4. by adding the Waste Disposal Charges to the taxes of the property receiving the Waste Disposal services.
13.4 The power to do any of the things provided for in the bylaw, for the purposes of enforcing the payment of any waste disposal charge as may be deemed necessary, is hereby delegated to the Department Manager, Planning and Public Works.
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NON-COMPLIANCE WITH BYLAW
14.1 If a person, being the owner, occupant, tenant or person in charge of any building or premises has been given an order to remedy any condition contrary to any part of this bylaw and neglects or refuses to comply with such an order within the time specified, the same may be done by the City at the expense of the person in default. All expenses incurred shall be in addition to and not a substitute for any fines or penalties to which the person may be subject pursuant to the provisions of this Bylaw. On default of payment of these expenses the City may recover the expenses thereof with the costs, by action or in a like manner as municipal taxes.
14.2 No person shall place any Waste, Refuse, Ashes, Garbage, Trade Refuse in Containers not designated for same materials.
14.3 No person shall deposit any Dangerous Goods, dead animal, excreta, Waste, or other filth on or upon any street, lane, Highway, water well, body of water, stream or onto any land.
14.4 Upon recommendation of the Department Manager, Planning and Public Works, the Council may, by written notice, require the removal of any accumulation of dirt, stone, old implements or old automobiles, iron or other rubbish from roads, lands or other private or public property within the City by the person depositing the same and any person who fails to comply with the requirements shall be liable to the said penalties provided for a breach of this Bylaw.
14.5 No person shall dispose of Waste in a Container, Receptacle or in any other manner so as to constitute a Nuisance.
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15.1 Any person who contravenes or fails to comply with any of the provisions of the bylaw is guilty of an offense and is liable upon conviction to a fine of not less than One Hundred ($100.00) dollars and not more than Ten Thousand ($10,000.00) dollars.
15.2 An offense ticket having printed wording stating the nature of the offense, may be issued and served by a peace officer upon any person alleged to have breached any of the provisions of this Bylaw and the said notice may provide for payment to the city of the amount specified on the notice.
15.3 Should an offense ticket be issued pursuant to clause 15.2;
15.3.1. the amount for the first offense will be $100.00 plus the cost of any inherent costs;
15.3.2. the cost of the second and same offense will be $200.00 plus any inherent costs;
15.3.3. the costs of the third and same offense will be $300.00 plus any inherent costs; and so on to a maximum of $1,000.00.
15.4 Where payment of the penalty prescribed in the offense ticket is received within seven (7) days of the date of service, then prosecution for the alleged offense may proceed as though no offense ticket had ever been issued.
15.5 Where any Waste is used or put out or left in violation of any provision of this Bylaw, the owner, occupant, tenant, or person in charge of the property where the violation occurs is liable for the penalty imposed for violation of this Bylaw.
16.1 Each section of this Bylaw shall be read and construed as being separate and severable from each other section. Should any section of this Bylaw be found to have been improperly enacted for any reason, then such section or part shall be regarded as being severable from the rest of the Bylaw and the Bylaw remaining after such severance shall be effective and enforceable.
REPEAL OF BYLAWS
17.1 City of Fort Saskatchewan Bylaw No. C2-92, C8-92, C9-92, and C8-93, are hereby repealed upon this Bylaw coming into effect.
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DATE OF EFFECT
18.1 This Bylaw becomes effective on the 1st of February, A.D. 1996.
READ a first time in Council this 22 day of January A.D. 1996.
READ a second time in Council this 22 day of January A.D. 1996.
With unanimous consent of all members present, Bylaw C11-95 was presented for third reading.
READ a third time in Council this 22 day of January A.D. 1996.
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