REPORT TO: Council FOR: Special Council REPORT FROM: … · RTC – Solid Waste Utility Bylaw and Regulation No. 2547, 2017 • Clear Bags. The requirement to use transparent bags

REPORT TO: Council FOR: Special Council REPORT FROM: Community Planning & InfrastructurePRESENTED: July 25, 2017 FILE:SUBJECT: Solid Waste Utility Bylaw No. 2547, 2017,and amendments to MTI & Bylaw Notice Enforcement

Recommendation:

That Council approve the following resolutions:

THAT the District of Squamish Solid Waste Utility Bylaw No. 2547, 2017 be given first, second and third readings.

THAT the District of Squamish Notice Enforcement Bylaw No. 2418, 2015, Amendment Bylaw No. 2551, 2017 be given first, second and third readings.

THAT the District of Squamish Municipal Ticket Information Bylaw Number 1832, 2004, Amendment Bylaw 2550, 2017 be given first, second and third readings.

1. Objective:

The purpose of this report is to seek Council first three readings of the new District of Squamish Solid Waste Utility Bylaw No. 2547, 2017. Related amendments to the Notice Enforcement and Municipal Ticket Information Bylaws are also included.

2. Background:

The current bylaw in place is the Solid Waste Utility and Regulation Bylaw 2375, 2015. The intended purpose of the proposed bylaw is to extend the lifespan of the Squamish landfill and increase diversion of recyclables and organics from the landfill, making a significant step towards Council’s goal of being a zero waste community.

3. Project Information:

The new Solid Waste Bylaw 2547 will repeal and replace the existing Solid Waste Bylaw No. 2375, 2015. The major differences between the new Solid Waste Bylaw and the current bylaw will be:

• Stream Separation. Requirement for businesses, multi‐unit residential properties and temporary users of a premise to separate their waste into Recyclable Material, Organic Material and Residual Waste (garbage). Including the requirement to educate tenants, employees, contractors about the diversion system in place and post related signage.

• Mixed Waste Threshold. The Mixed Waste threshold has been raised to 20% and will be reduced in 5% increments annually, until it reaches the long‐term goal of 5%. The Mixed Waste tipping fee rate at the Landfill will be increased, 1 year after the bylaw has been adopted.

RTC – Solid Waste Utility Bylaw and Regulation No. 2547, 2017

• Clear Bags. The requirement to use transparent bags for garbage produced at multi‐family homes, institutions, commercial and industrial properties, events and by temporary users.

• Opaque Bags. Non‐transparent, or opaque, bags may be used for privacy. Those users who are required to use clear bags may place no more than 10% of garbage in an opaque bag, excluding household pet waste and diapers.

• Mattresses. Only five mattresses can be brought to the Landfill at once. Mattresses are a subsidized item at the Landfill and it is meant to assist residents in disposing of them. The intention is to prevent large drop‐offs of mattresses by businesses and institutions, who should be contacting a recycler directly instead of bringing them to the Landfill.

• Expanded Scope. The current bylaw only addressed residential curbside pick‐up and the landfill. It has now been restructured so that it also covers multi‐unit residential and industrial, commercial and institutions.

On‐street timing for totes. Based on our own experience in Squamish, as well as data from communities such as Coquitlam, Staff strongly believe that locked and unlocked totes placed on the curbside prior to 5:00 a.m. creates a significant attractant to bears and increases vandalism from “pickers”.

Implications:

a) Budget:

Staff time of the Sustainability Coordinator will be required to conduct enforcement through education and issue penalties.

There is a potential impact on revenue at the Landfill with the increase in the contamination threshold of the Mixed Waste rate, as currently the rate is applied at 5% contamination and there is the possibility that the rate will be applied to fewer loads. This will be at least partially offset by the increase in the Mixed Waste rate, once it is in place.

Additionally, in the 2017 Solid Waste Utility budget, there is $20,000 for the outreach and education associated with the amendment of the bylaw, plus an additional $20,000 in matching funds that was awarded on June 29, 2017 through the Green Municipal Fund of the Federation of Municipalities.

In 2018, $20,000 will again be requested from the Solid Waste Utility budget for continued outreach, training and engagement. This outreach includes workshops and training sessions for property managers, businesses and residents, as well as waste audits to verify compliance and issue the infractions.

b) Organizational Impact:

The major focus of the Sustainability Coordinator from July 2017 onwards will be to ensure that the new bylaw is implemented and communicated throughout the District, as well as conducting spot checks/audits with the subsequent education.

Time will be required from additional departments, including:


• Bylaw Enforcement to assist the Sustainability Coordinator in ensuring that the education and spot checks/audits meet the level of standard held by the District;

• Planning to move forward the waste room guidance and related bylaw amendment; • Building to assist in communicating the changes through their day to day interactions with

contractors and businesses; and • Communications to assist with the supporting materials produced are on‐brand and are

user‐friendly.

c) Policy:

Official Community Plan 22 ‐ 8 The District will continue to support and encourage waste reduction and recycling throughout the municipality.

22 ‐ 9 The District will consider opportunities to reduce municipally generated waste and promote recycling activities throughout the corporation.

24 ‐ 24 The District supports organic waste recycling that helps to reduce the amount of organic waste products entering the solid waste system.

24 ‐ 25 The District encourages and supports recycling of selected waste products to reduce the amount of waste being disposed in the landfill.

24 ‐ 25 The District continues to support the curb‐side recycling program with an effort to reduce the amount of recyclable materials deposited in the landfill.

British Columbia Ministry of Environment The Ministry has set an average provincial waste disposal target of 350 kg. per capita, along with an organics disposal ban imposed on 75% of British Columbia’s population by 2020. The Province has identified organics diversion as one of the largest opportunities to achieve a significant reduction in the amount of waste disposed (by weight).

Squamish Lillooet Regional District (SLRD) Solid Waste and Resource Management Plan The SLRD Solid Waste and Resource Management Plan, which was submitted to the Ministry of Environment in June 2016, has adopted Zero Waste as the guiding principal in the Solid Waste Management Plan developed for the region. The plan includes the following two targets:

The SLRD achieve an average municipal solid waste disposal rate of 350 kilograms per capita by 2020. That 75% of SLRD’s population is actively engaged in organic waste diversion.

d) Environment:

Once in effect, the new Bylaw is expected to divert between 4,000 and 6,000 tonnes of garbage to either compost or recycling each year from the Landfill. As the Landfill currently doesn’t capture methane gas, this will have significant impact on GHG reduction, as organic material in the Landfill is a large contributor to methane gas production.

An additional and significant benefit is the extension of the lifespan of the Squamish Landfill due to this diversion from the landfill.

e) Council Priority and Strategic Plan Alignment:

Maximize Built Environment “The use of existing infrastructure is maximized.”


Future‐Focused Environmental Stewardship “Policies and infrastructure will support the community’s reduction of GHG emissions and transition towards the use of renewable energies.” “Community‐wide energy reduction, waste reduction, and water conservation will be a major focus”. Environment: “District policies support zero waste” (8.2.9) This project is aligned with the following Guiding Principles:

Forward‐Thinking and Responsive Corporation

Future‐Focused Environmental Stewardship

f) Citizen Engagement

Staff worked with the District’s Communications team to develop a public engagement strategy based on the IAP2 participation spectrum. Engagement with community and stakeholder groups at the IAP2 level of “Consult” included web based info sharing, focus groups with stakeholders, and surveys. Between May 23 and June 27, the Consult engagements included:

Three presentation and Q&A sessions for all businesses and institutions; Three presentations and Q&A sessions for property management companies;

In‐person meeting with the Squamish Food Recovery group;

Farmer’s Market booth; and

Online Survey. The process of incorporating the feedback received from the public consultation then moved the engagement to “Involve” on the IAP2 participation spectrum. The changes to the new Bylaw were amended to reflect the feedback and comments from the community.

g) Implementation

The Bylaw will go through the first three (3) readings and will be adopted in September, 2017. Upon adoption training and engagement about the bylaw changes will begin.

4. Attachments:

1. Solid Waste Utility Bylaw and Regulation No. 2547, 2017, with the changes made between the July 18, 2017 COW meeting and the first three readings on July 25, 2017 highlighted.

2. Amendment to the Notice Enforcement Bylaw No. 2418, 2015, Amendment Bylaw No. 2551, 2017.

3. Amendment to the Municipal Ticket Information Bylaw Number 1832, 2004, Amendment Bylaw No. 2550, 2017

4. Solid Waste Utility Bylaw and Regulation No. 2547, 2017

5. Alternatives to Staff Recommendation:

THAT Council direct staff to complete further work prior to bringing back for first three (3) readings of the Solid Waste Utility and Regulation Bylaw, No. 2547, 2017.


6. Staff Review

Prepared By: Shannon White, Sustainability Coordinator

Reviewed By: Chris Wyckham, Director of Engineering Gary Buxton, GM of Community Planning & Infrastructure Robin Arthurs, GM of Corporate Services, Recreation & Culture

CAO Recommendation: That the recommendation of the Engineering Department be approved.

District of Squamish

BYLAW NO. 2547, 2017

A bylaw to establish a Solid Waste Utility and regulate Solid Waste Disposal

WHEREAS

A. The Community Charter empowers the District to provide any service, including any work, facility or activity, whether directly or through another Person, and Council is establishing a Residential Solid Waste Service, including collection, disposal and recycling;

B. The Community Charter empowers Council to regulate, prohibit or and impose requirements in relation to any municipal service; and in relation to refuse, garbage and the use of waste disposal and recycling services;

C. The Community Charter empowers Council to impose Tipping Ffees in relation to a serviceand other user Fees.

AND WHEREAS

D. The District of Squamish operates a Landfill under Province of British Columbia Ministry of Environment Permit PR-5261, which permits the disposal of Municipal Solid Waste to a Parcel of land leased from the Province under lease number 241545;

E. The location of the Landfill is Lots 23 and 30 of District Lot 3186, Group 1, New Westminster District, Plan 5201, comprising 5.84 hectares, and the Council of the District has completed an environmental upgrade of the Landfill site subject to requirements of the Province;

F. The Province will issue an Operational Certificate, which, when executed, will replace Permit PR-5261;

G. The Squamish-Lillooet Regional District has adopted a Solid Waste Management Plan that approves the operation of the Landfill at this site.

NOW THEREFORE the Council of the District of Squamish, in open meeting assembled, enacts as follows:

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1.0 CITATION

1.1 This Bylaw may be cited as District of Squamish “Solid Waste Utility and Regulation Bylaw No. 2547, 2017”.

2.0 DEFINITIONS

2.1 In this Bylaw:

“Agricultural Waste” means Municipal Solid Waste that originates from an agricultural operation as defined pursuant to the Environmental Management Act and includes manure, used mushroom medium and agricultural vegetation waste;

“Approved Waste Receptacle” means a Collection Container or other commercial or municipal container that is regularly serviced and is fitted with a Wildlife Resistant locking mechanism if the receptacle is intended for Residual Waste or Organic Material;

“Assessment Roll” has the meaning set out in the Assessment Act;

“Biomedical Waste” means waste defined as Biomedical Waste in the Hazardous Waste Regulation under the Environmental Management Act;

“Biosolid” means primarily an organic, semisolid wastewater product that remains after solids are stabilized biologically or chemically and are suitable for beneficial use;

“Bylaw Enforcement Officer” means a person appointed by the District to enforce the

bylaws of the District; “Clean Wood Waste” means Municipal Solid Waste that is suitable for composting into

garden soil and comprises yard or garden debris, including dimensional lumber, that is not pressure treated, painted, stained, glued or soiled, or Formica or any other material that is not commonly suitable for composting;

“Collection Contractor” means the Person who collects and disposes of Municipal Solid Waste as part of the Residential Curbside Collection Service;

“Collection Container” means a container for the collection of Municipal Solid Waste in the form of Recycling, Residual Waste or Organic Material. Residual Waste or Organic Container meeting the requirements of a Wildlife Resistant Container as defined in the District of Squamish Wildlife Attractant Bylaw No. 2053, 2009;

“Composting” means the controlled biological oxidation and decomposition of organic matter;

“Construction Waste” means solid waste specifically originating from the construction or

demolition of residential or ICI buildings, decks, fences and all other building related appendages and includes but is not limited to: dimensional lumber, electrical wiring, gypsum board, metal, nails, roof materials, plumbing fixtures and other wood types;

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“District” means the District of Squamish, a municipality under the Community Charter;

“District of Squamish Finance Officer” means a person designated as the Municipal Finance Officer under section 149 of the Community Charter;

“Dirty Wood Waste” means any wood that contains glue, Formica, paints, or any other such material that makes it unsuitable for garden compost, but is suitable for biofuel or other energy recovery programs;

“Dwelling Unit” means, each self-contained unit of any building occupied and used as a habitation or place of residence, which unit contains not more than one set of cooking facilities;

“Environmental Management Act” means the Environmental Management Act S.B.C. 2003, c.53;

“Extended Producer Responsibility (EPR) Material” means materials included in the provincial EPR programs, as may be updated from time to time;

“Fee” includes any fee authorized under Fees and Charges Bylaw;

“Fees and Charges Bylaw” means the District of Squamish Fees and Charges Bylaw;

“Food Waste” means fruit and vegetables, meat, bones, coffee grounds and filters, tea bags and leaves, eggshells, dairy, coffee, tea, pasta, rice, baked goods and any other such material identified and communicated by the District to the residents as suitable for collection and composting;

“Gypsum” means Municipal Solid Waste that comprises board made of several plies of fiberboard, paper or felt bonded to a hardened Gypsum plaster core that is also known as drywall, and includes Gypsum board that has been painted or covered in wallpaper and removed during renovation and demolition;

“Hazardous Waste” means waste defined as Hazardous Waste in the Hazardous Waste Regulation under the Environmental Management Act.

“Industrial/Commercial/Institutional (ICI)” means businesses, industries, commercial or institutional operations including stores, offices, hospitals, schools, and other similar operations, but excludes residential premises;

“Invasive Species” means any invasive plant species that has the potential to pose undesirable or detrimental impacts on people, animals or ecosystems, including the plants listed includes species listed in Schedule A of the BC Weed Control Regulation;

“Landfill” means any of the Municipal Solid Waste disposal facilities listed in Schedule A;

“Load” means the quantity of Municipal Solid Waste material that is or was contained within a single vehicle attending at a Landfill;

“Manager” means the Person designated as the Solid Waste Manager and includes his or her deputy or any Person appointed or designated from time to time to act in his or her place;

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“Mixed Waste” means Residual Waste containing more than 20% Recyclable Material and/or Organic Material, by weight or by volume;

“Multiple-Unit Residential” means a residential use in a building divided into 3 or more dwelling units;

“Municipal Solid Waste” means all types of waste that originates from residential, light industrial, commercial, institutional, demolition, land clearing or construction sources or any other Residual Waste, Recyclable Material or Organic Material specifically included in the Squamish Lillooet Regional District’s Solid Waste Management Plan under the Environmental Management Act;

“Natural Resource Officer” means a Provincial uniformed official who is authorized to enforce laws that protect B.C.'s land, water, forests and cultural resources;

“Non-Residential Property” means any property which is not zoned or used as residential Property;

“Occupational Health and Safety Regulation” means the Occupational Health and Safety Regulation B.C. Reg. 296/97 enacted under the Workers Compensation Act;

“Occupier” in addition to the persons identified in the definition of “occupier” in the Community Charter, includes contractors, licensees at Special Events and other temporary users of land or premises;

“Opaque Bag” means a solid colour plastic garbage bag that can’t be seen through, and includes non-transparent household pet waste bags;

“Organic Material” means compostable material as listed in Schedule C, and for clarity includes all Food Waste, Yard Waste, and food soiled paper, but excludes pet waste and all plastic bags, including compostable or biodegradable bags;

“Owner” of land means the registered owner of an estate in fee simple, and also includes: (ii) the tenant for life under a registered life estate, (iii) the registered holder of the last registered agreement for sale, (iv) the registered tenant of land under a Strata Lot lease pursuant to Part 3 of the Strata

Property Act, (v) a strata corporation or cooperative association, and (vi) in dealings with the District, the agent of the Owner, authorized in writing by and

acting on behalf of the Owner; “Parcel” means a lot, block, or other area in which real property is held, or into which it is

subdivided;

“Person” as defined in section 29 of the Interpretation Act;

“Premises” means land composed of one or more Parcels upon which any building or group of buildings may be located and includes buildings located on land under common ownership or management;

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“Privacy Bag” means a solid colour plastic garbage bag and includes non-transparent pet waste bags;

“Radioactive Waste” means waste defined as Radioactive Waste in the Hazardous Waste Regulation under the Environmental Management Act;

“Reactive Waste” means waste defined as Reactive Waste in the Hazardous Waste Regulation under the Environmental Management Act;

“Recyclable Material” means that class of Municipal Solid Waste designated as recyclable and listed under Schedule B;

“Recycling Regulation” means the Recycling Regulation, B.C. Reg. 449/2004 enacted under the Environmental Management Act;

“Residential Curbside Collection Fee” means a fee assessed against each Dwelling Unit, as set out in the Fees and Charges Bylaw, to pay for residential collection of Residual Waste, Organic Material and Recyclable Material;

“Residential Property” means a Parcel which is “Class 1” (Residential) property as defined by the Prescribed Classes of Property Regulation (B.C. Reg. 438/81) of the Assessment Act;

“Residential Curbside Collection Service” or “Service” means the District’s municipal service to collect and dispose of Municipal Solid Waste;

“Residual Waste” means any material that is not suitable for reuse or recycling programs and for which there is no opportunity for resource recovery and which must be disposed of at a Landfill;

“Special Event” means an organized occasion, whether of a public or private nature, including, but not limited to, a festival, parade, musical attraction, community celebration, sporting event, wedding and charitable event held in a facility or on land that is owned, operated or otherwise held by the District;

“Strata Unit” means a Parcel that: (i) is held by Strata lot Lease under Part 3 (Leasehold Strata Plans) of the Strata

Property Act; (ii) is a Strata Lot as defined in section 1 of the Strata Property Act; or (iii) is a Strata lot created by a “bare land Strata plan” as defined in section 1 of the

Strata Property Act. (iv) but excludes Strata Duplexes;

“Strata Duplex” means a strata or Co-op Residential Property classified as “duplex – single unit ownership” on the most recent Assessment Roll;

“Tipping Fee” means the Fee charged by the District, pursuant to the Fees and Charges Bylaw, for depositing Municipal Solid Waste at Landfills, and directed to the costs of operation of the Solid Waste system other than those costs covered by the residential collection system;

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“Wildlife Resistant” means resistant to access by bears or other wildlife in accordance with District of Squamish Wildlife Attractant Bylaw No. 2053, 2009;

“Yard Waste” means vegetative trimmings from yards or other landscaped areas and, consisting only of leaves, grass clippings, plants, small brush, hedge clippings, Christmas Trees, houseplants, small limbs and dry seed pods, if no individual item exceeds five centimetres (5cm) in diameter or one metre (1m) in length.

2.2 Except as otherwise stated, a reference to a statute in this Bylaw refers to a statute of British Columbia, and a reference to a statute, regulation, bylaw or other enactment refers to that enactment as it may be amended or replaced from time to time.

2.3 If any portion of this Bylaw is held to be invalid, it shall be severed and the remainder of the Bylaw shall remain in effect.

3.0 GENERAL REGULATIONS

3.1 Every Owner and Occupier of any parcel in the District which generates any form of Municipal Solid Waste must ensure that the Waste originating on that parcel is collected and disposed of in strict compliance with the provisions of this Bylaw.

3.2 A Person who has been delivered of a notice or an order for compliance by the Director of Engineering must comply within the time period stipulated in the notice or order.

3.3 Every Person disposing of Residual Waste or Organic Material must, for that purpose, use only a Residual Waste Container or Organics Container that has a Wildlife Resistant lock.

3.4 Each Owner and Occupier must ensure that the Collection Containers are kept in a clean and sanitary condition, not allow them to become noxious, offensive or dangerous to public health, and that they are returned to the District upon request.

3.5 Every Owner and Occupier must ensure that:

(a) Residual Waste is bagged before being placed in the Residual Waste Collection Container;

(b) clear transparent bags are used for collection of Residual Waste, except as specified in paragraph (c);

(c)(a) no more than ten percent (10 %) of Residual Waste is included in a Privacy Bagopaque bags, excluding household pet waste and disposable diapers;

(d)(b) Organic Materials, Recyclable Materials and Residual Waste are placed in the appropriate Collection Container, without contamination;

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(e)(c) Organic Materials listed in Schedule C to this Bylaw are placed in an Organics Container;

(f)(d) Recyclable Materials listed in Schedule B are placed in a Recycling Container;

(g)(e) Residual Waste Containers do not contain 20% or more by weight or by volume of:

(i) one or more of the Recyclable Materials described in Schedule B, or

(ii) Organic Materials described in Schedule C; and

(iii) no materials described in Schedule D (Prohibited Materials) are placed into any Collection Container.

(f) All Collection Containers placed for pickup must be placed in accordance with the placement must abide by the District of Squamish Traffic Bylaw, No. 2220, 2012.

3.6 Except where the Residential Curbside Collection service is being provided, every Owner and Occupier of a Parcel or Premises, and every Person responsible for a Special Event or other temporary use where Residual Waste is produced, must ensure that clear transparent bags are used to collect Residual Waste, except no more than ten percent (10 %) of Residual Waste may be included in opaque bags, excluding household pet waste and disposable diapers;as specified in paragraph (b) of Subsection 3.5.

3.7 The District may from time to time conduct waste audits to ensure conformity with this section.

3.8 A Person must not obstruct or interfere with a Collection Contractor, Bylaw Enforcement Officer or other service provider or representative of the District from carrying out their functions pursuant to this Bylaw.

3.9 A Person is not, by complying with this Bylaw, relieved of the obligation to observe the requirements of all federal, provincial and municipal enactments by reason of the Service provided by the District or a private service.

Regular Disposal of Municipal Solid Waste

3.10 At least twice each month, every Owner or Occupier of a Residential or Non-Residential Property must dispose of all Municipal Solid Waste which the Owner or Occupier, or any employee, agent, contractor, tenant, or other licensee or invitee of the Owner or Occupier, produces or collects on such property, in the following manner:

(a) using, if eligible, the District’s Residential Curbside Collection Service; (b) contracting with a private contractor who operates a Municipal Solid Waste

collection and disposal service; or,

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(c) removing, or arranging for the removal of, such Municipal Solid Waste to the Landfill or another location for lawful disposal of the materials.

4.0 RESIDENTIAL CURBSIDE COLLECTION SERVICE

4.1 The Residential Curbside Collection Service, established in The District of Squamish Solid Waste Utility and Regulation Bylaw No. 2251, 2012 to collect, recycle and dispose of Municipal Solid Waste, is hereby continued under this Bylaw.

General Conditions of Service

4.2 The following additional terms and conditions apply to all District Services provided under this Bylaw:

(a) the District will not be liable for any damages suffered or costs incurred by any Person by reason of the failure of the District to supply Service;

(b) the Service will be provided to each Owner and Occupier on a biweekly basis as scheduled and publicized annually by the District, as updated from time to time;

(c) subject to section 5.2 and 5.3, the District will only collect Residual Waste, Recyclable Material and Organic Material from real property of Owners and Occupiers of Dwelling Units who have complied with the requirements of section 3.0 and 4.0;

Except for manifest errors, the records of the District relating to the Service performed by the District will be conclusive.

Collection Containers 4.3 The following rules apply in respect of Collection Containers:

(a) The Collection Container remains the property of the Collection Contractor.

(b) The Collection Container is assigned to a specific address by the Collection Contractor and must remain with that property if the Owner or Occupier moves.

(c) The Owner and Occupier are responsible for the costs of any damage to a Collection Container caused by willful or accidental damage to the container that is not caused by normal wear and tear, by the actions of the Collection Contractor, or by wildlife.

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(d) The Owner or Occupier must use only the Collection Containers supplied by the Collection Contractor when placing Municipal Solid Waste outside their Dwelling Unit for collection and disposal.

(e) The Owner of each Dwelling Unit may choose the size of Residual Waste Container that best meets their needs and the Fees charged will reflect the size of the container, which are as follows:

(ii) a small container is 35 gallons / 132 litres; (iii) a medium container is 65 gallons / 246 litres; and (iv) a large container is 95 gallons / 356 litres.

(f) An Owner or Occupier must not fill a standard Municipal Solid Waste Container in its possession:

(ii) to a gross weight that exceeds 100kg; (iii) to the extent that the lid does not close; (iv) to the extent that the District cannot easily empty the contents; or (v) to exceed 356 litres by volume, without written approval of the

Manager.

(g) Subject to paragraph (h), every Owner or Occupier must place all Collection Containers intended for collection on the lane abutting the Premises as close to the travelled portion of the lane as possible without creating an obstruction to traffic, cyclist and pedestrians.

(h) Where the Premises are not serviced by a lane or where the District is of the opinion that Premises cannot be adequately serviced by a lane because of configuration or insufficient width, Collection Containers must instead be placed on the boulevard in front of the Premises and as close to the curb, or where no curb is present, the roadway portion of the Highway, as possible, without creating an obstruction to trafficin accordance with the District of Squamish Traffic Bylaw.

(i) Where the Premises are serviced by a lane, Collection Containers must be kept at ground level at the lane and readily accessible from the lane.

(j) A Person who uses a Collection Container must place the container for collection in a location free from obstructions at least one metre horizontally on all sides of the Container and three metres vertically above the Container.

(k) Where circumstances peculiar to any Premises do not permit compliance with the requirements of sections 3.5(fh) and paragraphs (g), (h), or (i), the Manager may approve an alternate location for the placing of Collection Containers.

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(l) On the scheduled day of collection, Collection Containers may be unlocked and set out only between the hours of 5:00 a.m. and 7:00 p.m, but must be unlocked and set out between 8:00 a.m. and 5:00 p.m..

(l) Collection Containers may be unlocked between the hours of 5:00 a.m. and

7:00 p.m., and must be unlocked and set out for collection before 8:00 a.m. and be available until 5:00 p.m., on the day scheduled for the collection by or on behalf of the District.

(m) Residual Waste Containers and Organic Material Collection Containers must be kept locked with both Wildlife Resistant locks at all times, except as described in paragraph (l).

5.0 MULTIPLE-UNIT RESIDENTIAL AND INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL COLLECTION

5.1 The strata corporation of a building that includes Multiple-Unit Residential property; every Owner of a non-strata titled Multiple-Unit Residential premises; and every Owner of an Industrial, Commercial or Institutional property shall: (a) provide Collection Containers for the Residual Waste, Recyclable and Organic

Materials that is generated at the premises;

(b) ensure that adequate space is provided on the premises to accommodate the appropriate Collection Containers;

(c) replace any lost or stolen Collection Containers at their cost;

(d) ensure that Residual Waste Containers and Organic Material Collection Containers are kept closed at all times, except when collection is scheduled;

(e) provide written information to new residents, tenants, employees and contractors, and at least annually to all existing residents, tenants, employees and contractors on how to separate and deposit Residual Waste, Organic Materials and Recyclable Materials into the appropriate Collection Containers and provide information on the District’s Wildlife Attractant Bylaw; and

(f) post signage, of sufficient size and number, with information on separating Residual Waste, Organic Materials and Recyclable Materials on the Premises and in the disposal area, as well as information pursuant to the District’s Wildlife Attractant Bylaw.

Residential Curbside Collection Service

5.2 A residential strata unit may receive Residential Curbside Collection Service only if the Strata Council for that building has passed a resolution approving the provision of Residential Curbside Collection Service for the building, including each Strata

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Unit within the building. In all other circumstances. the strata corporation must arrange for collection and removal of Municipal Solid Waste for each strata unit by through a private service provider engaged for that purpose.

5.3 The Residential Curbside Collection Service is not available to a Multi-Unit Residential Building other than a strata building. The Owner of a Multiple-Unit Residential building that is not a strata building must collect and remove Municipal Solid Waste directly or through a private service provider engaged for that purpose.

6.0 LANDFILL

6.1 If the weigh scale system at a Landfill is not functioning, whether due to a power outage, mechanical failure or any other reason, at his or her discretion the Manager may either:

(a) close the Landfill until the weigh scale system is functioning; or

(b) permit a Person to deposit a single Load at the Landfill subject to the following:

(i) the Tipping Fees set out in Fees and Charges Bylaw, will apply to the Load; and

(ii) the Person must obtain an estimated Tipping Fee, or weigh at another location approved by the District and supply weigh slips from that location.

7.0 LANDFILL REGULATIONS

7.1 No Person shall dispose of any material, substance or object at a Landfill except in accordance with this Bylaw.

7.2 No Person shall dispose of any Prohibited Material, as listed in Schedule D, at a Landfill, unless prior to disposal, written approval for that material is obtained from the Manager.

7.3 No person shall dispose of any Prohibited Material, as listed in Schedule D within the boundaries of the District, except at disposal facilities authorized by a government body for that purpose.

7.4 No Person shall dispose of any Loads that emit odours, fumes or particulate matter, including dust, which causes or is capable of causing material discomfort to a Person at a Landfill.

7.5 No Person shall dispose at a Landfill any Loads characterized by oily materials, substances or objects, or any materials containing liquid or semi-liquid material.

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7.6 No Person shall dispose of Invasive Species at a Landfill, except as directed by the Manager.

7.7 No Person shall dispose of any Gypsum in a Landfill, except as directed by the District. Any Gypsum accepted for Recycling must be free of asbestos.

7.8 No Person shall deposit or dispose of Municipal Solid Waste at a Landfill unless it originates from within the boundaries of the Squamish Lillooet Regional District.

7.9 A Person entering a Landfill with a Load must ensure the Load is tied, tarped, covered or otherwise secured to prevent any waste from escaping while the vehicle is in motion or at a standstill.

7.10 Subject to this Bylaw, no Person shall dispose of Municipal Solid Waste within the boundaries of the District except in the Landfill, using an Approved Waste Receptacle, or other authorized disposal facility.

7.11 Every Person using the Landfill shall only deposit Municipal Solid Waste as directed by Landfill staff or signage in accordance with this Bylaw.

7.12 No Person shall enter the Landfill except for the purpose of disposal of Municipal Solid Waste and only during the posted open hours of the Landfill. No Person shall scavenge or salvage material from the Landfill.

7.13 No Person shall smoke anywhere within the Landfill boundaries, or otherwise cause any open flame for any reason.

7.14 No Person shall dispose of more than 5 mattresses per person per day at the Landfill recycling drop-off.

8.0 FEES

Payment Due as Allocated

8.1 Every Owner is responsible to pay the applicable Fees set out as Residential Curbside Collection Fees in the Fees and Charges Bylaw.

Billing and Collections

8.2 The District of Squamish Collector shall classify each consumer in accordance with the categories set out in the Fees and Charges Bylaw, and the Owner is liable for the appropriate rate.

8.3 The rate chargeable under this section, in the calendar year of initial occupancy, shall be one-twelfth (1/12) of the full rate as set out in the Fees and Charges Bylaw multiplied by the number of full months remaining in the calendar year

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following receipt of final occupancy permit issued by the District’s Building Department.

Due Date

8.4 All Fees set out in Fees and Charges Bylaw, except where otherwise indicated in this Bylaw, are payable on or before the first business day of July of each year.

8.5 Partial annual fees charged between January 1 and April 30 are due and payable on or before the first business day in July of each year. Partial fees charged after April 30th are due and payable on or before December 31 of each year.

Change in Use

8.6 Every Owner or Occupier of Premises must notify the District’s Finance Officer in writing of any change in use of the Premises or other matter which may affect a Fee payable under Fees and Charges Bylaw.

8.7 Any change under paragraph 8.6 entitling the Owner or Occupier to a reduction in a Fee or to a refund of a Fee paid in advance will take effect on the first of the month following the receipt of notice or from the date of actual change, whichever is later.

8.8 For existing Owners, changes to Residual Waste Container sizes will be allowed once annually. A change of tote size application must be made to the District of Squamish by September 30th for changes in the following year. New charges will be effective as of January 1st of the year of the change. Each change will be subject to an administrative fee established in the Fees and Charges Bylaw.

8.9 If ownership changes for a property receiving Residential Curbside Collection, the new Owner will be permitted to change the Residual Waste Container size one time in the year of property purchase, with proof of ownership change; however, any fee increase or decrease will be effective January 1st of the following year. Each change will be subject to an administrative fee established in the Fees and Charges Bylaw.

Reimbursement During Construction

8.10 Despite section 8.1, if the Owner of a residential Dwelling Unit:

(a) demolishes that Dwelling Unit and constructs a new residential Dwelling Unit in its place; and

(b) provides the District of Squamish Finance Officer with copies of the demolition permit for the demolished Dwelling Unit and an occupancy permit for the new residential Dwelling Unit;

then, where the period between the dates of the demolition permit and the

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occupancy permit exceeds 12 calendar months and the totes are returned to the District, the District will reimburse the Residential Curbside Collection Fees paid by the Owner under the Fees and Charges Bylaw, for the number of whole calendar months that occur during that period, by way of billing credit.

Interest, Penalties and Costs

8.11 If all or part of an annual rate imposed on an owner under this bylaw is due and payable on the first business day in July and remains unpaid after that date, the owner shall be subject to a penalty equal to 5% of the unpaid amount on the second business day in July.

8.12 If all or part of an annual rate imposed on an owner under this bylaw is due and payable and remains unpaid on the first business day in August, the owner shall be subject to a second penalty equal to 5% of the unpaid amount.

Scheduled Fees Apply

8.13 Fees imposed for Residential Curbside Collection Services reflect the District’s cost of providing all Municipal Solid Waste services and such Fees cannot be broken down into component parts. No Owner or Occupier shall have the right to pay separately for individual Residential Curbside Collection Services.

Collection of Unpaid Fees

8.14 The Fees and other amounts payable under this Bylaw, in the amounts set out in the Fees and Charges Bylaw, with respect to Residential Curbside Collection Service, may form a charge on the Parcel or the strata corporation to which Service is allocated or to which Service is provided.

8.15 Any Fees or other amounts owing to the District that are not paid in full by December 31st may be collected from the Owner in the same manner as for property taxes in arrear.

Tipping Fees

8.16 Subject to paragraph 8.17, every Person depositing Municipal Solid Waste at a Landfill must pay to the District the applicable Tipping Fees in the Tipping Fee amounts set out in the Fees and Charges Bylaw before the Person leaves the Landfill.

Community Clean-up

8.17 Tipping Fees are not payable in any one of the following circumstances:

(a) by a registered participant in a Pitch-in week initiative;

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(b) by a Natural Resource Officer who is bringing in materials from a local community clean-up; and

(c) by a Person or participant in a District approved community clean-up program.

Mixed Waste Rate

8.18 Every Person who deposits a Load at a Landfill that contains a quantity of Recyclable Material or Organic Material, as defined in this Bylaw, that exceeds either 20% of the total weight of the Load or 20% of the total volume of the Load must pay the Mixed Waste rate in the amounts set out in the Fees and Charges Bylaw. Such determination will be calculated by the Landfill staff, either at the scale house upon entry, or upon dumping.

8.188.19 The Mixed Waste Ratethreshold will be reduced at an annual rate of 5%, from the date of the adoption of this Bylaw, until it reaches the threshold of 5%.

9.0 ADMINISTRATION AND ENFORCEMENT

9.1 Enforcement of this Bylaw is administered by the Director of Engineering, who may issue notices and orders for compliance; supervise, control and direct the collection, removal and disposal of Residual Waste, Yard Waste, Organic Material and Recyclable Material from any property in the District; commence enforcement proceedings in court; and take such other steps that the Director or Council considers relevant to ensuring the objects and purposes of this Bylaw are carried out.

9.2 Any notice or order for compliance sent pursuant to this Bylaw is deemed to have been received by the person to whom it is directed:

(a) if delivered in person, on the date that it was delivered;

(b) if delivered by mail, on the 5th business day after it is mailed; and

(c) if posted on the property, on the day following it’s posting.

9.3 This Bylaw may be enforced by any Sustainability Coordinator, Environmental Coordinator, or Bylaw Enforcement Officer who may, subject to a direction of the Director of Engineering:

(a) enter on property at reasonable times and in a reasonable manner to inspect and determine whether the provisions of this Bylaw are being complied with, and for that purpose, may inspect Collection Containers;

(b) issue a ticket under the District of Squamish Municipal Ticket Information Bylaw, and refer the matter to court as necessary;

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(c) issue a bylaw notice under the Bylaw Notice Enforcement Bylaw No. 2418, 2015; and refer the matter to a screening officer or adjudicator as set out in that Bylaw; and

(d) collect and prepare evidence of a contravention for presentation in court or an adjudication.

10.0 OFFENCE, AND PENALTY

10.1 A Person who:

(a) contravenes, violates or fails to comply with a provision of this Bylaw;

(b) fails or neglects to do anything required to be done under this Bylaw; or

(c) causes, permits, suffers or allows any action or thing to be done in contravention of this Bylaw, or any order or direction made under this Bylaw,

commits an offence, and where the offence occurs or continues for more than one day, each day that the offence occurs or continues shall amount to a separate offence.

10.2 On being convicted of an offence under this Bylaw, a Person is liable to pay a fine and to pay any further amounts that may be ordered under that Act or the Community Charter.

10.3 This Bylaw may be enforced by means of:

(a) prosecution under the Offence Act;

(b) a municipal ticket under Schedule R of the District of Squamish Municipal Ticket Information Bylaw, pursuant to Division 3 of Part 8 of the Community Charter;

(c) a bylaw notice under the Local Government Bylaw Notice Enforcement Act and the Bylaw Notice Enforcement Bylaw No. 2418, 2015; or

(d) any other remedy that would otherwise be available at law to the District at law, including injunction or other civil remedies.

11.0 SCHEDULES AND REPEAL

11.1 Schedules A, B, C and D are attached to and form part of this Bylaw.

11.2 “District of Squamish Solid Waste Utility and Regulation Bylaw No. 2375, 2015” and all amendments is repealed.

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READ A FIRST, SECOND and THIRD time this day of , 2017 RECONSIDERED AND FINALLY ADOPTED time this day of , 2017 Patricia Heintzman, Mayor Robin Arthurs, Corporate Officer

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SCHEDULE “A” LANDFILL

Solid Waste Utility and Regulation Bylaw No. 2547, 2017

Lots 23 and 30 of District Lot 3186, Group 1, New Westminster District, Plan 5201, comprising 5.84 hectares, as expanded or replaced from time to time

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SCHEDULE “B” RECYCLABLE MATERIALS


1. Newspapers, inserts, flyers, catalogues, magazines, telephone books

2. Household paper (including junk mail, envelopes, writing paper, and computer paper).

3. Paper gift wrap, greeting cards

4. Corrugated Cardboard

5. Boxboard (e.g. cereal box, shoe box, toilet paper and paper towel cores)

6. Moulded boxboard, (e.g. egg cartons, beverage carry-out trays paper-based plant pots)

7. Paper bags with single and multiple layers (e.g. pet food bags)

8. Shredded paper

9. Paper cups for hot and cold beverages

10. Metal cans and lids

11. Spiral wound paper cans and lids (e.g. frozen juice concentrate)

12. Aluminum foil wrap, aluminum take out and baking trays and containers 13. Empty aluminum aerosol containers (e.g. for food, air fresheners, shaving cream,

deodorant, hairspray and foam insulation)

14. Plastic bottles, jugs and jars with caps and lids (e.g. for cooking oil, laundry detergent, cleaning solutions and windshield washer fluid)

15. Plastic bottles with screw caps, spray pump or pull-up tops (e.g. for food, vitamins, dish soap, shampoos and automotive cleaners)

16. Plastic clamshells, trays and tops, tubs, pails (<25L) and lids

17. Plastic cold drink cups and lids

18. Clean plastic garden plant pots and trays

19. Rigid plastic packaging (e.g. for toys, toothbrushes and batteries), the paper backing must be separate

20. Empty single use coffee and tea pods without lids

21. Gable-top cartons for milk, milk-type beverages, cream, substitute eggs

22. Aseptic boxes or cartons for milk, milk-type beverages, cream, soup, broth, sauces

23. Frozen dessert boxes for ice cream, frozen yogurt, etc.

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24. Any other material approved by the Solid Waste Manager as part of a District waste diversion program, Provincial Stewardship or Extended Producer Responsibility Program, or other similar programs.

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SCHEDULE “C” ORGANIC MATERIALS


1. Food Waste.

2. Food Soiled Paper such as napkins, paper plates, or pizza boxes

3. Yard Waste

4. Any other material approved by the Solid Waste Manager as part of a District waste diversion program, Provincial Stewardship or Extended Producer Responsibility Program, or other similar programs.

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SCHEDULE “D” PROHIBITED MATERIALS


1. Agricultural Waste;

2. automobile parts and bodies;

3. Waste that is on fire, smouldering, flammable or explosive;

4. empty oil containers identified in “Schedule 2 – Residual Product Categories” to the Recycling Regulation;

5. oil filters identified in “Schedule 2— Residual Product Categories” to the Recycling Regulation;

6. paint products identified in “Schedule 2 — Residual Product Categories” to the Recycling Regulation;

7. pesticide products identified in “Schedule 2 – Residual Product Categories” to the Recycling Regulation;

8. pharmaceutical products identified in “Schedule 2 – Residual Product Categories” to the Recycling Regulation;

9. solvents and flammable liquids identified in “Schedule 2 – Residual Product Categories” to the Recycling Regulation;

10. electronic and electrical products identified in “Schedule 3 – Electronic and Electrical Product Category” to the Recycling Regulation;

11. tires identified in “Schedule 4 – Tire Product Category” to the Recycling Regulation;

12. mattresses;

13. extruded styrofoam

14. Hazardous Waste;

15. inert fill material including soil, sod, gravel, concrete and asphalt exceeding 0.5 cubic metres per Load;

16. lead acid batteries;

17. liquids and sludges;

18. metal household or commercial appliances;

19. dead animals;

20. excrement or manure, excluding household pet waste;

21. invasive species contaminated soil

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22. 45 gallon or larger barrels or drums, whether full or empty;

23. Radioactive Waste or Reactive Waste;

24. any single object that:

a. weighs more than 100 kilograms,

b. exceeds 3500 centimetres squared in cross section at any point, or

c. exceeds 2.5 metres in length;

25. Fabricated objects exceeding 1.2 metres in width or thickness and 2.5 metres in length or 3 cubic metres in volume;

26. Gypsum commingled with other Municipal Solid Waste;

27. Waste that would cause undue risk of injury or occupational disease to any Person at the Landfill or that would otherwise contravene the Occupational Health and Safety Regulation.

Documents

REPORT TO: Council FOR: Special Council REPORT FROM: … · RTC – Solid Waste Utility Bylaw and Regulation No. 2547, 2017 • Clear Bags. The requirement to use transparent bags