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HomeMy WebLinkAboutS-300 Solid Waste Resource Management By-law No. 5-300 CAPE BRETON REGIONAL MUNICIPALITY "SOLID WASTE RESOURCE MANAGEMENT BY-LAW" 1. TITLE 1.1 This By-Law shall be known and may be cited as the "Solid Waste Resource Management By-Law". 2. DEFINITIONS 2.1 In this By-law the following words and phrases shall have the following meanings: a. "containers recyclables" means glass bottles and jars; aluminum, steel and tin cans; high density polyethylene, low density polyethylene, and polyethylene terephthalate plastic bottles, containers and bags; milk and juice cartons; beer and liquor containers; tetra packs and mini-sip containers; or other items as designated from time to time. b. "box board" means cereal, shoe, tissue, detergent, cracker, cookie, baking product and frozen food boxes, toilet paper rolls and paper towel rolls or other similar items. C. "collectible waste" means material originating from eligible premises and placed curbside by the owner or occupant for collection by a collection contractor or by an agent of the Municipality. These materials include mixed waste, recyclable materials and organic materials. d. "collection contractor" means any company, person or persons and the agents of such persons under contract with the Municipality to collect collectible waste from eligible premises. e. "collection day" means any day which is scheduled by the Municipality for municipal collection of collectible waste. f. "commercial container" means any container used for the storage of ICI waste materials or any container used for the storage of organic materials or recyclable materials originating from industrial, commercial or institutional premises on properties located in the Municipality for collection by a hauler. g. "commercial enterprise" means an enterprise which is assessed a business occupancy tax by the Municipality. h. "commercial premises" means any lot of land which contains one or more commercial enterprises. 1 Solid Waste Resource Management By-Law i. "condominium" means the division of land and buildings intended to be used as condominiums in Nova Scotia and is registered under the Condominium Act, revised statutes of Nova Scotia, 1989. Chapter 85. j. "construction and demolition waste" means material generated as a result of construction, demolition, or renovation activities. This includes materials normally used in the construction of buildings, structures, roadways, walls and other landscaping material such as asphalt, brick, mortar, concrete, drywall, plaster, cellulose, fiberglass fibers, lumber, wood, asphalt shingles and metals. k. "Container recyclables" means 1. "Council" or "council" means the Council of the Cape Breton Regional Municipality. M. "dwelling "means a building, or a unit in a building, occupied or intended to be occupied as a home, residence or sleeping place by one or more persons but does not include a hotel, motel, guesthouse or inn. n. "eligible premises" means those properties within the Municipality which are eligible for municipal curbside collection as defined in Section 6 of this By-law. o. "Fiber recyclables" means mixed paper, corrugated cardboard, box board, newsprint, magazines, catalogues, flyers, telephone and other soft cover books and paper egg cartons or other similar items designated by Council from time to time. P_ Green cart means an aerated cart supplied to eligible premises by the Municipality for the collection of organic materials. q. "hauler" means any company, person or persons who transports waste materials including, without limitation, ICI waste, mixed waste, recyclable materials, or organic materials to waste management facilities approved for operation with the CBRM. This does not include infrequent users of these facilities such as residents of eligible premises hauling materials in an unregistered vehicle from their premises. r. "household special waste" or"HSW" means waste-resource materials of a potentially hazardous nature generated in households including, but not restricted to solvents, glues, cleaners, paints and finishes, asphalt sealers, kerosene, pesticides, lawn and garden chemicals, poisons, propane tanks, roofing tar,pool chemicals, batteries, etc. For the purposes of this bylaw, household special waste does not include PCB's, radioactive materials, 2 Solid Waste Resource Management By-Law explosives, fireworks, pathological wastes, ammunition, oil, gas, oil gas mixes, etc. S. "industrial, commercial, institutional waste" or "ICP' waste" means material of similar composition as mixed waste collected within the Municipality other than waste generated in an eligible premise. t. "international waste" means waste imported into Canada from any country other than the United States which contains or is suspected of containing an animal product or animal by-product and which was intended to be served or was served for consumption by the passengers or crew of an aircraft or ship. U. "leaf and yard waste" means sods, grass clippings, leaves, branches, brush, bushes, twigs less than I inch in diameter, house and garden plants, sawdust and wood shavings or other similar items and natural Christmas trees (without decorations and tree stands). V. "litter" means any intentionally or accidentally discarded waste not placed in a proper receptacle, or container for recycling, organics, collection or for disposal. W. "manager" or Manager" means the Manager of Solid Waste for the Cape Breton Regional Municipality, the successor to such position, or a person designated by the Manager to act in place of the Manager. X. "materials recovery facility" means a facility designed to receive, sort, process, store and ship to market recyclable materials. Y_ "mini bins" means a small container supplied to eligible premises by the Municipality for the collection of organic materials. The mini bin is intended for household use only, not curbside use. Z. "mixed waste" means and includes all collectible waste other than that which is collected as recyclable materials or organic materials including: i. broken bottles, crockery, glassware, floor sweepings, discarded clothing, cloth, leather,jute, non-recyclable plastic and metal, non-recyclable packaging, non-repairable household goods and other household waste. ii. glass that is tightly wrapped in cardboard or other suitable material and clearly marked to prevent injury to collection personnel. 3 Solid Waste Resource Management By-Law iii. ashes and soot that is completely cold placed in clear plastic disposable watertight bags securely tied and marked "ashes" or"soot". iv. manure, excretes or litter from companion pets residing in an eligible premise where the material is double bagged and securely tied in clear watertight bags and then placed in an eligible container. V. other items not specifically designated as mixed waste except as excluded by this by-law. aa. "mixed waste regulation container" means a container as specified in Section 8 for the collection of mixed waste. bb. "municipal collection" means the scheduled curbside collection of collectible waste from eligible premises made by or on behalf of the Municipality, at the expense of the Municipality. cc. "Municipality" or"municipality" means the Cape Breton Regional Municipality. dd. "non-collectible waste" means all material not eligible for curbside collection and without limitation includes: i. residential bulk waste ii. white goods iii. oil tanks iv. liquid waste or material that has attained a fluid consistency and has not been drained. V. highly combustible or explosive materials, including without limitation, celluloid cuttings, motion picture film, oil or gasoline soaked rags, gas containers, chemicals, acids or other combustible residues, fine dry dust, ammunition, dynamite, or other similar material. vi. material that is considered pathogenic or biomedical including, without limitation, dressings, bandages or other potentially infected material or hypodermic needles discarded in the course of the practice of physicians, surgeons, dentists or veterinarians. 4 Solid Waste Resource Management By-Law vii. carcasses or parts of any animal except food waste. viii. waste listed or characterized as hazardous by any federal or provincial law. ix. sheet iron, large pieces of scrap metal or machine parts, automobile parts, fuel tanks and bodies. X. septic tank pumping, raw sewage or industrial sludge; xi. radioactive materials. xii. soil, rock, stumps, and trees greater than inch in diameter. xiii. waste materials resulting from construction, demolition or renovation activities. xiv. industrial waste material from factories or other manufacturing processes. xv. manure, kennel waste, excreta, fish processing waste. xvi. lead-acid automotive batteries and propane tanks/cylinders. xvii. waste material from commercial containers. xviii. waste material which has not been placed for collection in accordance with the provisions of this by-law. xix. materials banned from landfill disposal by the Nova Scotia Department of the Environment unless such materials are recyclable materials or organic materials from eligible premises. ee. "oil tanks" means residential oil tanks to a maximum size of 200 gallons. ff. "organic materials" means food waste, boxboard, soiled and non-recyclable paper, and other material of plant or animal origin as designated by Council from time to time. gg. "organic materials regulation container" means a cart or other container as specified in Section 8 for the collection of organic materials. 5 Solid Waste Resource Management By-Law hh. provincial disposal bans" means materials banned from disposal in landfills and incinerators under the Solid Waste—Resource Management Regulations of the Environment Act of the Province of Nova Scotia as updated and amended from time to time. ii. "private road" is a road as defined by the Subdivision By-law of CBRM. J. "recyclable materials" means fiber recyclables, containers recyclables and other materials of a recyclable nature. kk. "residential bulk items" means large items of a household nature including but not limited to furniture, stoves, mattresses, bed springs, barrels, water tanks, and dishwashers. ll. "residential food waste" means fruit and vegetable peelings, table scraps, bread, grain, rice and pasta, egg shells, coffee grounds and filters, tea leaves and tea bags or other similar items suitable for disposal in a green cart. mm. "soiled and non-recyclable paper" means napkins, paper towel & fast food wrappers, wax paper, wrapping paper, paper plates and cups, soiled newspaper and flyers, sugar, flour &potato paper bags or other similar items. nn. "source separated composting facility" means a facility designed to receive, process and compost organic materials. oo. "transfer station" means a facility operated by or on behalf of the Municipality for unloading and consolidating waste, recyclables or organics from vehicles for transport to another waste management facility in larger loads. pp. "treasurer" means the Director of Finance for the Municipality, the successor to this position or a person designated by the Director to act in his/her place. qq. "unlisted bungalow road" is an unlisted bungalow road as defined by the Subdivision By-law of CBRM. rr. "unlisted road" is an unlisted road as defined by the CBRM Subdivision By- law of CBRM. ss. "unit" means a self-contained portion of a building occupied as a separate residence. tt. "unnamed road" means any street or road which is not a public street/road, is unnamed and extends to and has access to a public street/road 6 Solid Waste Resource Management By-Law uu. "waste disposal fees" means per tonne fees, or per load fees, charged by the Municipality for the acceptance of waste, mixed waste, recyclable materials, and organic materials within the municipal waste disposal system. vv. "waste management facilities" means facilities for the management of mixed waste, recyclable materials, and organic materials operated within the Municipality, its contractors or its agents and includes, without limitation, the landfill, materials recovery facility(s), source-separated composting facility(s), transfer stations(s) and construction and demolition recycling disposal facilities. ww. "white goods" means any large household appliance including but not limited to refrigerators, freezers, air conditioners, stoves, washers, and dryers. 3. THE COUNCIL 3.1 Pursuant to Section 49(1)(b) of the Municipal Government Act, the Council may, by policy, regulate the use of solid-waste management facilities, providing for times and conditions under which they may be used and setting charges for the use of solid-waste management facilities operated by the Municipality. 3.2 In accordance with Section 3.1, Council has enacted a policy designating the hours of operation for waste management facilities and the fees and charges for depositing materials at waste management facilities, which policy is known as the CBRM Solid Waste Management Policy. 4. THE MANAGER 4.1. The manager or his designate shall administer the provisions of this By-Law and, for this purpose, may: a. divide the Municipality into areas for the purposes of curbside collection of collectible waste from eligible premises on various days of the week. b. designate a particular day of the week for curbside collection of collectible waste in each designated collection area. C. alter the boundaries of curbside collection areas as deemed necessary on reasonable notice to the public. d. administer and liaise with any collection contractor who may be hired by the Municipality to carry out curbside collection of collectible waste within the Municipality. 7 Solid Waste Resource Management By-Law e. designate the conditions and guidelines relating to the acceptance of curbside waste materials at waste management facilities owned and operated by the CBRM in compliance with applicable provincial regulations and this by-law. f. administer a system for collection of"bulk waste" and "white goods", from eligible premises. g. administer the residential household special waste system. 5. THE PUBLIC 5.1 The owner or occupier of an eligible premises shall: a. provides sufficient and adequate containers to contain waste generated at the eligible premises. b. provide separate containers for mixed waste, organic waste and for recyclable waste. C. ensure that each container is covered and secured at all times except when being emptied or filled. d. store collectible waste outside the main building on the eligible premises only in secured regulation containers made inaccessible to pests or animals. e. ensure the proper preparation of all collectible waste in accordance with this by-law. f. ensure that collectible waste is placed for collection in accordance with this by-law. g. ensure that collectible waste remains within adequate containers. 5.2 No owner or occupier of any eligible premises shall permit any waste to accumulate upon any premises so owned or occupied, and shall provide for the removal of all waste from the premises at times designated by Municipality. 8 Solid Waste Resource Management By-Law 6. ELIGIBLE PREMISES 6.1 Eligible premises include the following: a. single family dwellings including mobile homes. b. multi-unit residential dwellings that constitute a unit in a duplex, row house or townhouse where every unit has street or road frontage. C. multi-unit apartment buildings to a maximum of six (6) units. (limited to 5 bags per unit to a total 30 bags) d. fire halls e. condominium buildings 6.2 Owners and occupants of properties not defined herein as eligible premises shall not place any waste materials at the curbside of such properties for municipal collection. 7. COLLECTIBLE MATERIAL —PREPARATION AND RESTRICTIONS 7.1 No material shall be placed out or caused to be placed out for municipal curbside collection by any person except in accordance with the following: a. for eligible premises as outlined in section 6.1 of this by-law a maximum of five (5) mixed waste regulation containers. b. ashes or soot generated by eligible premises are not eligible for municipal collection, except ashes and soot that are completely cold, and double bagged in clear plastic disposable watertight bags, meeting the requirements of section 8.2 (a). The bag must be securely tied and marked "ashes" or"soot". This container is considered an eligible container as per section 7.1 (a), (b) or, (c). C. there shall be no limit to the amount of blue bags recyclables and blue bag fiber recyclables eligible for municipal collection from eligible premises. d. no person shall place for municipal collection any non-collectible waste. e. where the Municipality establishes separate municipal curbside collection of organic materials, the following conditions and restrictions shall apply to all such collection: i. a maximum of one (1) green cart may be placed for curbside collection. 9 Solid Waste Resource Management By-Law 8. REGULATION CONTAINERS FOR MUNICIPAL COLLECTION 8.1 The owner or occupant of each eligible premise shall be responsible to contain designated collectible waste so as to prevent the escape of waste materials into the environment. The owner or occupant of each eligible premise is responsible to gather waste material placed for curbside collection that has escaped from its container. 8.2 Only containers which meet the following specifications and requirements shall be utilized for the purposes of municipal collection. a. Plastic Bag Specifications Mixed Waste: Clear Garbage Bags i. bags must be watertight and securely tied with an overall length of between 0.5 meters and 1 meter when empty. ii. bag weight not to exceed 12 kilograms including contents. iii. bags must have a thickness sufficient to prevent breakage, tearing or splitting upon collection. iv. bags must be clear, translucent in color when placing more than one (1) bag of garbage curbside. The one dark bag used curbside can be dark, colored or tinted. The bag must not be yellow, red, orange or transparent blue in color for mixed waste. b. Container Specifications Mixed Waste: Garbage Cans i. containers must be watertight, secured with a cover, equipped with handles in good repair and tapered to be as large or larger at the top as at the bottom. ii. the weight of the container including contents shall not exceed 24 kilograms, the height shall be not less than 46 and not more than 76 centimeters, and the diameter shall be between 38 and 51 centimeters. iii. containers shall be made of metal, plastic or other impermeable material of sufficient thickness to prevent breakage or splitting upon collection. iv. containers must be maintained in a neat and sanitary and waterproof condition and kept in good repair 10 Solid Waste Resource Management By-Law C. Storage Containers: Roadside Boxes i. outdoor, roadside boxes or bins are acceptable for storing containers or bags for mixed waste provided they meet the following specifications: 1. a box or bin constructed of wood or other material suitable for storing containers or bags or mixed waste as long as the box or bin is rodent and animal proof. 2. boxes or bins must be affixed with a lid weighing not more than 5 kilograms. 3. boxes or bins shall at all times be maintained in a neat and sanitary condition and kept in good repair. 4. waste collectors will remove waste from storage containers located consistent with section 9.2; however, the municipality or collector is indemnified against damage to bins or containers resulting from collection activity. d. Organic Materials: Green Carts and Mini Bins i. where the Municipality establishes a separate collection for organic materials, the following organic materials regulation containers shall be used: 1. eligible premises that receive curbside collection will be delivered and assigned one green cart and one mini bin by the Municipality. The Municipality will establish the number of cart(s) and mini bin(s) assigned to types of eligible premises. 2. green cart(s) and mini bin(s) assigned to eligible premises are to remain with those eligible premises. 3. owners or occupants of eligible premises are responsible for the care and cleaning of each green cart and mini bin which have been assigned to their eligible premises. 11 Solid Waste Resource Management By-Law 4. repair to damage green cart(s) or replacement of green cart(s) or mini-bin(s) assigned to eligible premises due to misuse, alterations or abuse involving the owner or occupant of the eligible premises shall be the responsibility of the owner or occupant of the eligible premises to which the cart(s) or mini-bin(s) is assigned. 5. owners or occupants of eligible premises shall make the green cart(s) assigned to eligible premises available to the Municipality or its contractors or agents within reasonable time frame upon request for inspection or repair purposes or for identification of the serial number. 6. owners or occupants of eligible premises are responsible for the green cart(s) and mini bin(s) assigned to the eligible premises and used by tenants who are renting or leasing the premises. a. Plastic Bag Specifications Blue Bags: Blue Transparent Plastic Bags i. blue bag recyclable containers must be placed in watertight transparent blue bags with a thickness sufficient to prevent breakage, tearing or splitting upon collection. These bags shall have an overall length of between 0.5 meters and 1 meter when empty. These bags shall be securely tied. ii. blue bag recyclable fiber must be placed in watertight transparent blue bag with a thickness sufficient to prevent breakage, tearing or splitting upon collection. These bags shall have an overall length of between 0.5 meters and 1 meter when empty. These bags shall be securely tied. iii. all materials must be securely contained so as to prevent material from escaping into the environment. iv. corrugated cardboard may be tied in bundles not greater than 0.65 meters x l-meter x 0.20 meters (2 ft. x 3 ft. x 8 in.) or may be placed in the blue bag for fiber. V. the weight of each blue bag, including contents, placed for blue bag collection must not exceed 12 kilograms. 12 Solid Waste Resource Management By-Law b. Storage Containers: Roadside Boxes Blue Bags i. outdoor, roadside boxes or bins are acceptable for storing fiber and container recyclable materials provided they meet the following specifications: 1. blue box or blue bin constructed of wood or other material suitable for storing blue bags as long as the box or bin is rodent and animal proof. 2. blue boxes or blue bins must be affixed with a lid weighing not more than 5 kilograms. 3. blue boxes or blue bins shall at all times be maintained in a neat, sanitary condition and kept in good repair. 4. blue bag collectors will remove waste from storage containers located consistent with section 9.2; however, the municipality or collector is indemnified against damage to bins or containers resulting from collection activity. 9. PLACEMENT OF MATERIALS 9.1. Collectible waste shall be placed for municipal collection in accordance with this By-Law. 9.2. Collection is at the curb only. All regulations containers must be placed at end of a driveway and/or at the edge of a property abutting the street, road or highway without obstructing the street, road or highway. 9.3. Materials must be placed for municipal collection with approximately 1-meter spacing between each waste stream 9.4. Green carts must be placed at the curb in an upright position with the lid closed and the front of the green cart facing the street, road or highway. 9.5. Owners or occupants of eligible premises on private roads, unlisted roads, unlisted bungalow roads, unnamed roads and in trailer parks are eligible for curbside collection on theses roads if the road is safely passable by a collection vehicle. If these roads are not safely passable by a collection vehicle, the collectible waste must be brought to the nearest intersection with a public street or road and placed in accordance with this By-Law, where it shall be collected. 13 Solid Waste Resource Management By-Law 10. COLLECTION TIMES & FREQUENCIES 10.1. Collection will commence at the following times on the collection days designated in the following areas of the municipality: a. 8:00 a.m. in all areas of the Municipality having daytime collection. b. 12 midnight in all areas of the Municipality having overnight collection. 10.2. No person shall place collectible waste out for collection before 7:00 p.m. the evening of the day prior to the collection day applicable in that area of the Municipality. 10.3. Where an area is designated to receive bi-weekly recyclable collection, no person shall place blue bag material out for curbside collection on the week not designated for the area's recyclable collection week applicable in that section of the Municipality. 10.4. Any materials not collected must be removed from curbside by 9:00 p.m. on the day of collection. 10.5. Collectible waste must be placed for collection by the designated commencement time for collection in the area. 10.6. When a regularly scheduled day for collection falls on a Federal, Provincial or Civic holiday, the collection day may be modified to occur on an alternate day as designated by the Manager. 11. HOUSEHOLD SPECIAL WASTE 11.1. The Manager may designate the place and time, including the days and hours of operation and the materials eligible for the disposal of household special waste in the Municipality. This includes the operation of a permanent household special waste depot in the Municipality. 11.2. The household special waste depot(s) may only be used by residents of the Municipality for the proper disposal of household special waste originating within the Municipality. 11.3. All persons are prohibited from disposing of industrial, commercial and institutional waste at the permanent household special waste depot. 14 Solid Waste Resource Management By-Law 12. ILLEGAL DUMPING/LITTER 12.1. No owner or occupier of property in the Municipality shall permit the accumulation of solid waste in or around the property to the extent that it is likely to become a nuisance or hazard to the public health. 12.2. Owners and occupants are responsible to provide for the lawful collection and disposal of all solid waste that is not subject to municipal collection. 12.3. No person shall place waste for curbside collection on a property other than a property owned and occupied by such person or in respect of which the person has obtained the consent of the owner or occupier for that purpose. 12.4. No person shall dump, abandon or dispose of waste-resources at any public or private place unless that place is duly licensed to receive and dispose of the particular category of waste-resources. 12.5. No person shall dispose of or cause the disposal of the following materials at any licensed solid waste-resource management facility, or deposit any such materials in a storage area, storage container or collection container, intended for residual waste disposal in an incinerator or landfill nearby, namely: a. material banned from disposal by provincial regulations: materials banned from disposal by provincial regulation are those materials listed in Schedule B of the Solid Waste Resource Management Regulations as amended from time to time. 12.6. No person shall dump, dispose of or abandon at or near a Waste-Resource Management Centre or any other facility licensed to receive any category of waste-resources when the Facility is not open or when the operator or staff of the facility refuses to accept waste—resources at that time or from that person. 12.7 Depositing solid waste materials contrary to the above, where the quantity, volume, weight, nature, kind or character of the solid waste or the location of the deposit, in the opinion of the Solid Waste Manager, causes injury, damage, hazard or potential hazard to persons, property or the environment or requires removal by vehicle transport or environmental clean-up and/ or remediation to restore the site to reasonable condition, constitutes "Illegal Dumping" under this By-Law. 12.8 No person shall illegal dump or cause or allow illegal dumping. 12.9 Each day that illegal dumping materials remain shall constitute a separate offense under this By-law. 15 Solid Waste Resource Management By-Law 13. INDUSTRIAL, COMMERCIAL, INSTITUTIONAL WASTE 13.1. The property owner, agent of an owner of an Industrial, Commercial, or Institutional Business shall provide sufficient and adequate, containers for any waste that may accumulate from time to time in or from the business. 13.2. The property owner or agent of an owner of an owner of an Industrial, Commercial, or Institutional Business shall maintain a Waste Management plan. This plan must identify the solid waste generated and the method for storing, recycling and disposing of the solid waste generated by the business. This plan must also include a litter management section. This plan must comply with the provisions of the Provincial Solid Waste Resource Regulations and this by-law. This plan must be provided to the manager within 1 business day following a verbal and/or written request. 13.3. The property owner or agent of an owner of an Industrial, Commercial, or Institutional Business which generate waste shall, either personally or by employees, contractors or agents, and in compliance with all applicable Federal, Provincial and Municipal laws, remove and dispose or recycle such waste in accordance with the waste management plan of section 14.2 13.4. No owner or agent of an owner of an Industrial, Commercial, or Institutional Business shall permit the accumulation of waste in or around a premises to the extent that it is likely to become a nuisance or is likely to endanger the public health. 13.5. The property owner or agent of a IC&I establishment offering a drive-thru service shall provide sufficient and adequate containers for any waste generated as a result of the said service. 13.6. The placement of containers required in section 13.5 shall be in such a manner as to provide access to those customers utilizing the drive-thru lane. 13.7. The person or agent of a person who organizes or is responsible for a public event held in open spaces or in temporary shelters shall maintain a written litter management plan which complies with the provisions of the Provincial Solid Waste Resource Regulations Section III—Litter Abatement. 14. CONSTRUCTION AND DEMOLITION WASTE 14.1. The property owner or agent of an owner of an Industrial, Commercial, or Institutional Business or of an eligible premises undergoing construction and/or demolition activity shall provide sufficient and adequate, containers for any waste that may accumulate from time to time in or from the construction or demolition activity. 16 Solid Waste Resource Management By-Law 15. COMMERCIAL CONTAINERS 15.1. The following provisions apply to commercial containers: a. any person who makes use of a commercial container for the temporary storage of waste shall ensure that such commercial container: i. is sturdily constructed of weather-proof and animal proof material and is capable of containing the material deposited within. ii. is equipped with a tight-fitting lid with a positive closing device which shall be kept closed except when the container is being loaded or unloaded or the container shall be kept in a locked compound. iii. is cleaned out regularly and periodically, as necessary, to avoid the build-up of odours. iv. has only those materials for which the container is intended deposited therein. V. are easily accessible to the occupants. 16. VEHICLES CARRYING WASTE 16.1 The following provisions apply to vehicles carrying waste materials: a. persons who collect, transport and dispose of waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall do so in a sanitary manner; any fluid matter shall be transported in watertight containers having tight-fitting covers. b. persons who collect, transport and dispose of waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall be responsible to ensure all wastes are delivered to approved waste management facilities and in compliance with the policies and procedures set out by the operators of the waste management facility, this bylaw and with provincial regulations. 17 Solid Waste Resource Management By-Law C. every vehicle used for the collection and transportation of waste materials, ICI waste, mixed waste, organic materials, and recyclable materials shall have a tailgate or other restraining device and shall be completely closed or equipped with a tarpaulin, and such tarpaulin shall be used to cover such waste materials, ICI waste, mixed waste, organic materials and/or recyclable materials while the same is being transported. d. all waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall be transported in such a manner that materials shall not spill or scatter from the vehicle containing the same. e. the manager may inspect vehicles used for the collection or carriage of waste materials at all reasonable times to ensure compliance with this by- law. 16.2 Persons who collect and transport waste materials, ICI waste, mixed waste, organic materials and recyclable materials that have been placed for collection in accordance with Section 16 (1) at industrial, commercial or institutional premises or properties shall transport waste materials, ICI waste, mixed waste, organic materials and recyclable materials in a source separated condition and deliver the same material in a source-separated condition to the appropriate receiving facility in accordance with the Municipality's waste-resource management system. ICI waste contained in bags must be placed in clear, translucent in color bags. 17. PROHIBITIONS 17.1. No person shall: a. pick over, remove, disturb or otherwise interfere with any waste material that has been set out for municipal collection. b. remove, collect waste material placed for municipal collection. C. shall remove a container or organics collection cart placed at curbside. 17.2. The prohibitions in Section 17.1 do not apply to the person who placed the waste material for collection or to the Municipality, its contractors or authorized Municipal collection contractors. 18 Solid Waste Resource Management By-Law 18. WASTE DISPOSAL FEE STRUCTURE 18.1. The fees and charges for the depositing of materials by haulers and persons who transport waste materials acceptable for disposal at any waste management facility operated by the Municipality, its contractors or its agents as part of the Municipality's waste management system shall be as prescribed in the CBRM Solid Waste Management Policy. 18.2. No waste disposal fee shall apply to collectible waste from eligible premises collected through municipal collection and deposited by collection contractors engaged by the Municipality at waste management facilities operated by the Municipality, its contractors or its agents. 19. VEHICLE REGISTRATION 19.1 Haulers using the Municipality's waste management facilities shall comply with the registration requirements of the Municipality including vehicle registration for such haulers. 19.2 The following provisions apply to vehicle registration for hauler using the Municipality's waste management facilities: a. haulers (other than those users of cars, station wagons, mini-vans, sport utility vehicles) using the Municipality's waste management facilities shall pre-register identifying information and the tare weight for each vehicle to be used in scheduled waste collection services operated on behalf of the Municipality (if the hauler is also a collection contractor). b. haulers who wish to be granted credit privileges with the Municipality must register adequate identifying information with the Municipality. Each hauler and/or each hauler's vehicle will be assigned a unique identification code and/or issued appropriate physical identifying property. The physical identifying property issued shall remain the sole property of the Municipality and shall be returned promptly at the expiration of its use as determined by the Municipality at its sole discretion. C. each hauler and hauler's vehicle using the Municipality's waste management facilities which have been granted credit privileges and must present the assigned and/or issued identification to the scale operator upon entering the facility. The hauler to whom the assigned and/or issued identification is registered to will be invoiced for all materials delivered under his/her identification. 19 Solid Waste Resource Management By-Law 20. FEE PAYMENT: 20.1. The following applies to the payment of fees: a. at Cape Breton Regional Municipality waste management facilities haulers will be required to obtain credit privileges. Haulers who transport acceptable material to a facility operated by the Municipality, its contractors or its agents will be required to pay upon invoice in accordance with sections (i) to (iii) below: i. where only one scale is in operation and the tare has not been predetermined, the vehicle will be weighed upon entering the facility and again upon leaving. The hauler will pay the fee upon invoice in accordance with the fee structure prescribed in schedule 1. ii. where both inbound and outbound scales are in operation, the vehicle will be weighed upon entering the facility and again upon leaving. The hauler will pay the fee upon invoice in accordance with the fee structure prescribed in schedule 1. iii. where both scales are not functioning the hauler will be charged according to the fee prescribed in Appendix A, Schedule 1. 20.2 The following provisions apply to haulers who have been granted credit privileges at any waste management facility operated by the Municipality, its contractors or it agents: a. haulers granted credit privileges will receive a monthly Statement of Accounts and payment is due within thirty (30) days of the end of the statement month. b. where an account for material disposal fees remains unpaid for more than thirty (30) days, a notice of non-payment will be sent by the Municipality. The Municipality may advise that if payment is not received within a specified period of time after mailing of such notice, the hauler shall be refused admittance to all facilities and/or credit privileges withdrawn until such time as the outstanding amounts, interest and service charges are paid. Scale operators will be notified of all haulers on refused admittance status or credit privileges withdrawn status and will be instructed to deny access to the facilities as applicable. The Municipality may require the posting of a performance bond or any other security acceptable to the Municipality in the event that accounts continue from time to time to be unpaid. 20 Solid Waste Resource Management By-Law 21. DUTY TO NAME PERSON RESPONSIBLE 21.1 When a person is identified as owner of any materials dump or deposited on a premise in violation of this by-law, the owner of the materials on the request of a peace officer shall, within forty-eight hours of the request, supply the peace officer with the name and address of the person(s) responsible of the illegal dumping of materials. When a materials owner, who refuses, fails, neglects or is unable to supply the name and address of the person(s) responsible for the illegal dumping of materials within forty-eight hours after being requested, shall be liable for the infraction under section 12.0 of this By-law. 21.2 Where under this section of the by-law a motor vehicle is operating in violation of this By-Law, the registered owner of the vehicle on request of any peace officer shall, within forty-eight hours of the request, supply the peace officer with the name of address of the person in charge of the vehicle at the time of such violation. When a motor vehicle register owner, who refuses, fails, neglects or is unable to supply the name and address of the person(s) responsible infraction of this By-Law within Forty-eight hours after being requested, shall be liable for the infraction under section 19.0 of this By-Law. 22. PENALTIES 22.1 Any person who contravenes any provision of this by-Law shall be liable upon summary conviction for every such offense to a penalty of not less than six hundred & ninety seven dollars & fifty cents ($697.50) and not exceeding fifty thousand dollars ($50,000) or in default of payment, to imprisonment for a term not exceeding ninety days (90 days) and each day that the offence continues shall constitute a new offence. 22.2 Any person alleged to have violated this bylaw who is given notice of the alleged violation and where the said notice so provides for payment , may pay a penalty in the amount of six hundred & ninety seven dollars & fifty cents ( $697.50 )to the CAPE BRETON REGIONAL MUNICIPALITY provided that said payment is made within a period of fourteen days (14) following the day on which the alleged violation was committed, and said payment shall be in full satisfaction , releasing and discharging all penalties and imprisonments incurred by the person for said violation . 22.3 In addition to any fine or imprisonment imposed pursuant to subsection 21.1, the court or judge may order the person convicted to pay all expenses incurred in correcting the contravention of the By-law or any damages associated with such contravention. 21 Solid Waste Resource Management By-Law 22.4 Where any person is in contravention of any provision of this By-law, the Manager may direct in writing that the contravention be remedied by that person in the manner and within the time specified in the written direction. 23. REPEAL 23.1 The following are hereby repealed: Cape Breton Regional Municipality Garbage Collection By-Law. Passed and adopted by the Cape Breton Regional Municipal Council on the 8th day of July, 2003 and amended on the 15th day of November, 2005, the 20th day of June, 2006, the 27th day of February, 2018, and the 18th day of June, 2019. Publication Date: July 12,2003 MAYOR CECIL P. CLARKE Amendments: November 15,2005 (published Nov. 19,2005) June 20,2006(published June 27,2006) MUNICIPAL CLERK February 27,2018(published March 6,2018) June 18,2019(published June 22,2019) DEBORAH CAMPBELL RYAN 22 No. 5-300 CAPE BRETON REGIONAL MUNICIPALITY "SOLID WASTE RESOURCE MANAGEMENT BY-LAW" 1. TITLE 1.1 This By-Law shall be known and may be cited as the "Solid Waste Resource Management By-Law". 2. DEFINITIONS 2.1 In this By-law the following words and phrases shall have the following meanings: a. "containers recyclables" means glass bottles and jars; aluminum, steel and tin cans; high density polyethylene, low density polyethylene, and polyethylene terephthalate plastic bottles, containers and bags; milk and juice cartons; beer and liquor containers; tetra packs and mini-sip containers; or other items as designated from time to time. b. "box board" means cereal, shoe, tissue, detergent, cracker, cookie, baking product and frozen food boxes, toilet paper rolls and paper towel rolls or other similar items. C. "collectible waste" means material originating from eligible premises and placed curbside by the owner or occupant for collection by a collection contractor or by an agent of the Municipality. These materials include mixed waste, recyclable materials and organic materials. d. "collection contractor" means any company, person or persons and the agents of such persons under contract with the Municipality to collect collectible waste from eligible premises. e. "collection day" means any day which is scheduled by the Municipality for municipal collection of collectible waste. f. "commercial container" means any container used for the storage of ICI waste materials or any container used for the storage of organic materials or recyclable materials originating from industrial, commercial or institutional premises on properties located in the Municipality for collection by a hauler. g. "commercial enterprise" means an enterprise which is assessed a business occupancy tax by the Municipality. h. "commercial premises" means any lot of land which contains one or more commercial enterprises. 1 Solid Waste Resource Management By-Law i. "condominium" means the division of land and buildings intended to be used as condominiums in Nova Scotia and is registered under the Condominium Act, revised statutes of Nova Scotia, 1989. Chapter 85. j. "construction and demolition waste" means material generated as a result of construction, demolition, or renovation activities. This includes materials normally used in the construction of buildings, structures, roadways, walls and other landscaping material such as asphalt, brick, mortar, concrete, drywall, plaster, cellulose, fiberglass fibers, lumber, wood, asphalt shingles and metals. k. "Container recyclables" means 1. "Council" or "council" means the Council of the Cape Breton Regional Municipality. M. "dwelling "means a building, or a unit in a building, occupied or intended to be occupied as a home, residence or sleeping place by one or more persons but does not include a hotel, motel, guesthouse or inn. n. "eligible premises" means those properties within the Municipality which are eligible for municipal curbside collection as defined in Section 6 of this By-law. o. "Fiber recyclables" means mixed paper, corrugated cardboard, box board, newsprint, magazines, catalogues, flyers, telephone and other soft cover books and paper egg cartons or other similar items designated by Council from time to time. P_ Green cart means an aerated cart supplied to eligible premises by the Municipality for the collection of organic materials. q. "hauler" means any company, person or persons who transports waste materials including, without limitation, ICI waste, mixed waste, recyclable materials, or organic materials to waste management facilities approved for operation with the CBRM. This does not include infrequent users of these facilities such as residents of eligible premises hauling materials in an unregistered vehicle from their premises. r. "household special waste" or"HSW" means waste-resource materials of a potentially hazardous nature generated in households including, but not restricted to solvents, glues, cleaners, paints and finishes, asphalt sealers, kerosene, pesticides, lawn and garden chemicals, poisons, propane tanks, roofing tar,pool chemicals, batteries, etc. For the purposes of this bylaw, household special waste does not include PCB's, radioactive materials, 2 Solid Waste Resource Management By-Law explosives, fireworks, pathological wastes, ammunition, oil, gas, oil gas mixes, etc. S. "industrial, commercial, institutional waste" or "ICP' waste" means material of similar composition as mixed waste collected within the Municipality other than waste generated in an eligible premise. t. "international waste" means waste imported into Canada from any country other than the United States which contains or is suspected of containing an animal product or animal by-product and which was intended to be served or was served for consumption by the passengers or crew of an aircraft or ship. U. "leaf and yard waste" means sods, grass clippings, leaves, branches, brush, bushes, twigs less than I inch in diameter, house and garden plants, sawdust and wood shavings or other similar items and natural Christmas trees (without decorations and tree stands). V. "litter" means any intentionally or accidentally discarded waste not placed in a proper receptacle, or container for recycling, organics, collection or for disposal. W. "manager" or Manager" means the Manager of Solid Waste for the Cape Breton Regional Municipality, the successor to such position, or a person designated by the Manager to act in place of the Manager. X. "materials recovery facility" means a facility designed to receive, sort, process, store and ship to market recyclable materials. Y_ "mini bins" means a small container supplied to eligible premises by the Municipality for the collection of organic materials. The mini bin is intended for household use only, not curbside use. Z. "mixed waste" means and includes all collectible waste other than that which is collected as recyclable materials or organic materials including: i. broken bottles, crockery, glassware, floor sweepings, discarded clothing, cloth, leather,jute, non-recyclable plastic and metal, non-recyclable packaging, non-repairable household goods and other household waste. ii. glass that is tightly wrapped in cardboard or other suitable material and clearly marked to prevent injury to collection personnel. 3 Solid Waste Resource Management By-Law iii. ashes and soot that is completely cold placed in clear plastic disposable watertight bags securely tied and marked "ashes" or"soot". iv. manure, excretes or litter from companion pets residing in an eligible premise where the material is double bagged and securely tied in clear watertight bags and then placed in an eligible container. V. other items not specifically designated as mixed waste except as excluded by this by-law. aa. "mixed waste regulation container" means a container as specified in Section 8 for the collection of mixed waste. bb. "municipal collection" means the scheduled curbside collection of collectible waste from eligible premises made by or on behalf of the Municipality, at the expense of the Municipality. cc. "Municipality" or"municipality" means the Cape Breton Regional Municipality. dd. "non-collectible waste" means all material not eligible for curbside collection and without limitation includes: i. residential bulk waste ii. white goods iii. oil tanks iv. liquid waste or material that has attained a fluid consistency and has not been drained. V. highly combustible or explosive materials, including without limitation, celluloid cuttings, motion picture film, oil or gasoline soaked rags, gas containers, chemicals, acids or other combustible residues, fine dry dust, ammunition, dynamite, or other similar material. vi. material that is considered pathogenic or biomedical including, without limitation, dressings, bandages or other potentially infected material or hypodermic needles discarded in the course of the practice of physicians, surgeons, dentists or veterinarians. 4 Solid Waste Resource Management By-Law vii. carcasses or parts of any animal except food waste. viii. waste listed or characterized as hazardous by any federal or provincial law. ix. sheet iron, large pieces of scrap metal or machine parts, automobile parts, fuel tanks and bodies. X. septic tank pumping, raw sewage or industrial sludge; xi. radioactive materials. xii. soil, rock, stumps, and trees greater than inch in diameter. xiii. waste materials resulting from construction, demolition or renovation activities. xiv. industrial waste material from factories or other manufacturing processes. xv. manure, kennel waste, excreta, fish processing waste. xvi. lead-acid automotive batteries and propane tanks/cylinders. xvii. waste material from commercial containers. xviii. waste material which has not been placed for collection in accordance with the provisions of this by-law. xix. materials banned from landfill disposal by the Nova Scotia Department of the Environment unless such materials are recyclable materials or organic materials from eligible premises. ee. "oil tanks" means residential oil tanks to a maximum size of 200 gallons. ff. "organic materials" means food waste, boxboard, soiled and non-recyclable paper, and other material of plant or animal origin as designated by Council from time to time. gg. "organic materials regulation container" means a cart or other container as specified in Section 8 for the collection of organic materials. 5 Solid Waste Resource Management By-Law hh. provincial disposal bans" means materials banned from disposal in landfills and incinerators under the Solid Waste—Resource Management Regulations of the Environment Act of the Province of Nova Scotia as updated and amended from time to time. ii. "private road" is a road as defined by the Subdivision By-law of CBRM. J. "recyclable materials" means fiber recyclables, containers recyclables and other materials of a recyclable nature. kk. "residential bulk items" means large items of a household nature including but not limited to furniture, stoves, mattresses, bed springs, barrels, water tanks, and dishwashers. ll. "residential food waste" means fruit and vegetable peelings, table scraps, bread, grain, rice and pasta, egg shells, coffee grounds and filters, tea leaves and tea bags or other similar items suitable for disposal in a green cart. mm. "soiled and non-recyclable paper" means napkins, paper towel & fast food wrappers, wax paper, wrapping paper, paper plates and cups, soiled newspaper and flyers, sugar, flour &potato paper bags or other similar items. nn. "source separated composting facility" means a facility designed to receive, process and compost organic materials. oo. "transfer station" means a facility operated by or on behalf of the Municipality for unloading and consolidating waste, recyclables or organics from vehicles for transport to another waste management facility in larger loads. pp. "treasurer" means the Director of Finance for the Municipality, the successor to this position or a person designated by the Director to act in his/her place. qq. "unlisted bungalow road" is an unlisted bungalow road as defined by the Subdivision By-law of CBRM. rr. "unlisted road" is an unlisted road as defined by the CBRM Subdivision By- law of CBRM. ss. "unit" means a self-contained portion of a building occupied as a separate residence. tt. "unnamed road" means any street or road which is not a public street/road, is unnamed and extends to and has access to a public street/road 6 Solid Waste Resource Management By-Law uu. "waste disposal fees" means per tonne fees, or per load fees, charged by the Municipality for the acceptance of waste, mixed waste, recyclable materials, and organic materials within the municipal waste disposal system. vv. "waste management facilities" means facilities for the management of mixed waste, recyclable materials, and organic materials operated within the Municipality, its contractors or its agents and includes, without limitation, the landfill, materials recovery facility(s), source-separated composting facility(s), transfer stations(s) and construction and demolition recycling disposal facilities. ww. "white goods" means any large household appliance including but not limited to refrigerators, freezers, air conditioners, stoves, washers, and dryers. 3. THE COUNCIL 3.1 Pursuant to Section 49(1)(b) of the Municipal Government Act, the Council may, by policy, regulate the use of solid-waste management facilities, providing for times and conditions under which they may be used and setting charges for the use of solid-waste management facilities operated by the Municipality. 3.2 In accordance with Section 3.1, Council has enacted a policy designating the hours of operation for waste management facilities and the fees and charges for depositing materials at waste management facilities, which policy is known as the CBRM Solid Waste Management Policy. 4. THE MANAGER 4.1. The manager or his designate shall administer the provisions of this By-Law and, for this purpose, may: a. divide the Municipality into areas for the purposes of curbside collection of collectible waste from eligible premises on various days of the week. b. designate a particular day of the week for curbside collection of collectible waste in each designated collection area. C. alter the boundaries of curbside collection areas as deemed necessary on reasonable notice to the public. d. administer and liaise with any collection contractor who may be hired by the Municipality to carry out curbside collection of collectible waste within the Municipality. 7 Solid Waste Resource Management By-Law e. designate the conditions and guidelines relating to the acceptance of curbside waste materials at waste management facilities owned and operated by the CBRM in compliance with applicable provincial regulations and this by-law. f. administer a system for collection of"bulk waste" and "white goods", from eligible premises. g. administer the residential household special waste system. 5. THE PUBLIC 5.1 The owner or occupier of an eligible premises shall: a. provides sufficient and adequate containers to contain waste generated at the eligible premises. b. provide separate containers for mixed waste, organic waste and for recyclable waste. C. ensure that each container is covered and secured at all times except when being emptied or filled. d. store collectible waste outside the main building on the eligible premises only in secured regulation containers made inaccessible to pests or animals. e. ensure the proper preparation of all collectible waste in accordance with this by-law. f. ensure that collectible waste is placed for collection in accordance with this by-law. g. ensure that collectible waste remains within adequate containers. 5.2 No owner or occupier of any eligible premises shall permit any waste to accumulate upon any premises so owned or occupied, and shall provide for the removal of all waste from the premises at times designated by Municipality. 8 Solid Waste Resource Management By-Law 6. ELIGIBLE PREMISES 6.1 Eligible premises include the following: a. single family dwellings including mobile homes. b. multi-unit residential dwellings that constitute a unit in a duplex, row house or townhouse where every unit has street or road frontage. C. multi-unit apartment buildings to a maximum of six (6) units. (limited to 5 bags per unit to a total 30 bags) d. fire halls e. condominium buildings 6.2 Owners and occupants of properties not defined herein as eligible premises shall not place any waste materials at the curbside of such properties for municipal collection. 7. COLLECTIBLE MATERIAL —PREPARATION AND RESTRICTIONS 7.1 No material shall be placed out or caused to be placed out for municipal curbside collection by any person except in accordance with the following: a. for eligible premises as outlined in section 6.1 of this by-law a maximum of five (5) mixed waste regulation containers. b. ashes or soot generated by eligible premises are not eligible for municipal collection, except ashes and soot that are completely cold, and double bagged in clear plastic disposable watertight bags, meeting the requirements of section 8.2 (a). The bag must be securely tied and marked "ashes" or"soot". This container is considered an eligible container as per section 7.1 (a), (b) or, (c). C. there shall be no limit to the amount of blue bags recyclables and blue bag fiber recyclables eligible for municipal collection from eligible premises. d. no person shall place for municipal collection any non-collectible waste. e. where the Municipality establishes separate municipal curbside collection of organic materials, the following conditions and restrictions shall apply to all such collection: i. a maximum of one (1) green cart may be placed for curbside collection. 9 Solid Waste Resource Management By-Law 8. REGULATION CONTAINERS FOR MUNICIPAL COLLECTION 8.1 The owner or occupant of each eligible premise shall be responsible to contain designated collectible waste so as to prevent the escape of waste materials into the environment. The owner or occupant of each eligible premise is responsible to gather waste material placed for curbside collection that has escaped from its container. 8.2 Only containers which meet the following specifications and requirements shall be utilized for the purposes of municipal collection. a. Plastic Bag Specifications Mixed Waste: Clear Garbage Bags i. bags must be watertight and securely tied with an overall length of between 0.5 meters and 1 meter when empty. ii. bag weight not to exceed 12 kilograms including contents. iii. bags must have a thickness sufficient to prevent breakage, tearing or splitting upon collection. iv. bags must be clear, translucent in color when placing more than one (1) bag of garbage curbside. The one dark bag used curbside can be dark, colored or tinted. The bag must not be yellow, red, orange or transparent blue in color for mixed waste. b. Container Specifications Mixed Waste: Garbage Cans i. containers must be watertight, secured with a cover, equipped with handles in good repair and tapered to be as large or larger at the top as at the bottom. ii. the weight of the container including contents shall not exceed 24 kilograms, the height shall be not less than 46 and not more than 76 centimeters, and the diameter shall be between 38 and 51 centimeters. iii. containers shall be made of metal, plastic or other impermeable material of sufficient thickness to prevent breakage or splitting upon collection. iv. containers must be maintained in a neat and sanitary and waterproof condition and kept in good repair 10 Solid Waste Resource Management By-Law C. Storage Containers: Roadside Boxes i. outdoor, roadside boxes or bins are acceptable for storing containers or bags for mixed waste provided they meet the following specifications: 1. a box or bin constructed of wood or other material suitable for storing containers or bags or mixed waste as long as the box or bin is rodent and animal proof. 2. boxes or bins must be affixed with a lid weighing not more than 5 kilograms. 3. boxes or bins shall at all times be maintained in a neat and sanitary condition and kept in good repair. 4. waste collectors will remove waste from storage containers located consistent with section 9.2; however, the municipality or collector is indemnified against damage to bins or containers resulting from collection activity. d. Organic Materials: Green Carts and Mini Bins i. where the Municipality establishes a separate collection for organic materials, the following organic materials regulation containers shall be used: 1. eligible premises that receive curbside collection will be delivered and assigned one green cart and one mini bin by the Municipality. The Municipality will establish the number of cart(s) and mini bin(s) assigned to types of eligible premises. 2. green cart(s) and mini bin(s) assigned to eligible premises are to remain with those eligible premises. 3. owners or occupants of eligible premises are responsible for the care and cleaning of each green cart and mini bin which have been assigned to their eligible premises. 11 Solid Waste Resource Management By-Law 4. repair to damage green cart(s) or replacement of green cart(s) or mini-bin(s) assigned to eligible premises due to misuse, alterations or abuse involving the owner or occupant of the eligible premises shall be the responsibility of the owner or occupant of the eligible premises to which the cart(s) or mini-bin(s) is assigned. 5. owners or occupants of eligible premises shall make the green cart(s) assigned to eligible premises available to the Municipality or its contractors or agents within reasonable time frame upon request for inspection or repair purposes or for identification of the serial number. 6. owners or occupants of eligible premises are responsible for the green cart(s) and mini bin(s) assigned to the eligible premises and used by tenants who are renting or leasing the premises. a. Plastic Bag Specifications Blue Bags: Blue Transparent Plastic Bags i. blue bag recyclable containers must be placed in watertight transparent blue bags with a thickness sufficient to prevent breakage, tearing or splitting upon collection. These bags shall have an overall length of between 0.5 meters and 1 meter when empty. These bags shall be securely tied. ii. blue bag recyclable fiber must be placed in watertight transparent blue bag with a thickness sufficient to prevent breakage, tearing or splitting upon collection. These bags shall have an overall length of between 0.5 meters and 1 meter when empty. These bags shall be securely tied. iii. all materials must be securely contained so as to prevent material from escaping into the environment. iv. corrugated cardboard may be tied in bundles not greater than 0.65 meters x l-meter x 0.20 meters (2 ft. x 3 ft. x 8 in.) or may be placed in the blue bag for fiber. V. the weight of each blue bag, including contents, placed for blue bag collection must not exceed 12 kilograms. 12 Solid Waste Resource Management By-Law b. Storage Containers: Roadside Boxes Blue Bags i. outdoor, roadside boxes or bins are acceptable for storing fiber and container recyclable materials provided they meet the following specifications: 1. blue box or blue bin constructed of wood or other material suitable for storing blue bags as long as the box or bin is rodent and animal proof. 2. blue boxes or blue bins must be affixed with a lid weighing not more than 5 kilograms. 3. blue boxes or blue bins shall at all times be maintained in a neat, sanitary condition and kept in good repair. 4. blue bag collectors will remove waste from storage containers located consistent with section 9.2; however, the municipality or collector is indemnified against damage to bins or containers resulting from collection activity. 9. PLACEMENT OF MATERIALS 9.1. Collectible waste shall be placed for municipal collection in accordance with this By-Law. 9.2. Collection is at the curb only. All regulations containers must be placed at end of a driveway and/or at the edge of a property abutting the street, road or highway without obstructing the street, road or highway. 9.3. Materials must be placed for municipal collection with approximately 1-meter spacing between each waste stream 9.4. Green carts must be placed at the curb in an upright position with the lid closed and the front of the green cart facing the street, road or highway. 9.5. Owners or occupants of eligible premises on private roads, unlisted roads, unlisted bungalow roads, unnamed roads and in trailer parks are eligible for curbside collection on theses roads if the road is safely passable by a collection vehicle. If these roads are not safely passable by a collection vehicle, the collectible waste must be brought to the nearest intersection with a public street or road and placed in accordance with this By-Law, where it shall be collected. 13 Solid Waste Resource Management By-Law 10. COLLECTION TIMES & FREQUENCIES 10.1. Collection will commence at the following times on the collection days designated in the following areas of the municipality: a. 8:00 a.m. in all areas of the Municipality having daytime collection. b. 12 midnight in all areas of the Municipality having overnight collection. 10.2. No person shall place collectible waste out for collection before 7:00 p.m. the evening of the day prior to the collection day applicable in that area of the Municipality. 10.3. Where an area is designated to receive bi-weekly recyclable collection, no person shall place blue bag material out for curbside collection on the week not designated for the area's recyclable collection week applicable in that section of the Municipality. 10.4. Any materials not collected must be removed from curbside by 9:00 p.m. on the day of collection. 10.5. Collectible waste must be placed for collection by the designated commencement time for collection in the area. 10.6. When a regularly scheduled day for collection falls on a Federal, Provincial or Civic holiday, the collection day may be modified to occur on an alternate day as designated by the Manager. 11. HOUSEHOLD SPECIAL WASTE 11.1. The Manager may designate the place and time, including the days and hours of operation and the materials eligible for the disposal of household special waste in the Municipality. This includes the operation of a permanent household special waste depot in the Municipality. 11.2. The household special waste depot(s) may only be used by residents of the Municipality for the proper disposal of household special waste originating within the Municipality. 11.3. All persons are prohibited from disposing of industrial, commercial and institutional waste at the permanent household special waste depot. 14 Solid Waste Resource Management By-Law 12. ILLEGAL DUMPING/LITTER 12.1. No owner or occupier of property in the Municipality shall permit the accumulation of solid waste in or around the property to the extent that it is likely to become a nuisance or hazard to the public health. 12.2. Owners and occupants are responsible to provide for the lawful collection and disposal of all solid waste that is not subject to municipal collection. 12.3. No person shall place waste for curbside collection on a property other than a property owned and occupied by such person or in respect of which the person has obtained the consent of the owner or occupier for that purpose. 12.4. No person shall dump, abandon or dispose of waste-resources at any public or private place unless that place is duly licensed to receive and dispose of the particular category of waste-resources. 12.5. No person shall dispose of or cause the disposal of the following materials at any licensed solid waste-resource management facility, or deposit any such materials in a storage area, storage container or collection container, intended for residual waste disposal in an incinerator or landfill nearby, namely: a. material banned from disposal by provincial regulations: materials banned from disposal by provincial regulation are those materials listed in Schedule B of the Solid Waste Resource Management Regulations as amended from time to time. 12.6. No person shall dump, dispose of or abandon at or near a Waste-Resource Management Centre or any other facility licensed to receive any category of waste-resources when the Facility is not open or when the operator or staff of the facility refuses to accept waste—resources at that time or from that person. 12.7 Depositing solid waste materials contrary to the above, where the quantity, volume, weight, nature, kind or character of the solid waste or the location of the deposit, in the opinion of the Solid Waste Manager, causes injury, damage, hazard or potential hazard to persons, property or the environment or requires removal by vehicle transport or environmental clean-up and/ or remediation to restore the site to reasonable condition, constitutes "Illegal Dumping" under this By-Law. 12.8 No person shall illegal dump or cause or allow illegal dumping. 12.9 Each day that illegal dumping materials remain shall constitute a separate offense under this By-law. 15 Solid Waste Resource Management By-Law 13. INDUSTRIAL, COMMERCIAL, INSTITUTIONAL WASTE 13.1. The property owner, agent of an owner of an Industrial, Commercial, or Institutional Business shall provide sufficient and adequate, containers for any waste that may accumulate from time to time in or from the business. 13.2. The property owner or agent of an owner of an owner of an Industrial, Commercial, or Institutional Business shall maintain a Waste Management plan. This plan must identify the solid waste generated and the method for storing, recycling and disposing of the solid waste generated by the business. This plan must also include a litter management section. This plan must comply with the provisions of the Provincial Solid Waste Resource Regulations and this by-law. This plan must be provided to the manager within 1 business day following a verbal and/or written request. 13.3. The property owner or agent of an owner of an Industrial, Commercial, or Institutional Business which generate waste shall, either personally or by employees, contractors or agents, and in compliance with all applicable Federal, Provincial and Municipal laws, remove and dispose or recycle such waste in accordance with the waste management plan of section 14.2 13.4. No owner or agent of an owner of an Industrial, Commercial, or Institutional Business shall permit the accumulation of waste in or around a premises to the extent that it is likely to become a nuisance or is likely to endanger the public health. 13.5. The property owner or agent of a IC&I establishment offering a drive-thru service shall provide sufficient and adequate containers for any waste generated as a result of the said service. 13.6. The placement of containers required in section 13.5 shall be in such a manner as to provide access to those customers utilizing the drive-thru lane. 13.7. The person or agent of a person who organizes or is responsible for a public event held in open spaces or in temporary shelters shall maintain a written litter management plan which complies with the provisions of the Provincial Solid Waste Resource Regulations Section III—Litter Abatement. 14. CONSTRUCTION AND DEMOLITION WASTE 14.1. The property owner or agent of an owner of an Industrial, Commercial, or Institutional Business or of an eligible premises undergoing construction and/or demolition activity shall provide sufficient and adequate, containers for any waste that may accumulate from time to time in or from the construction or demolition activity. 16 Solid Waste Resource Management By-Law 15. COMMERCIAL CONTAINERS 15.1. The following provisions apply to commercial containers: a. any person who makes use of a commercial container for the temporary storage of waste shall ensure that such commercial container: i. is sturdily constructed of weather-proof and animal proof material and is capable of containing the material deposited within. ii. is equipped with a tight-fitting lid with a positive closing device which shall be kept closed except when the container is being loaded or unloaded or the container shall be kept in a locked compound. iii. is cleaned out regularly and periodically, as necessary, to avoid the build-up of odours. iv. has only those materials for which the container is intended deposited therein. V. are easily accessible to the occupants. 16. VEHICLES CARRYING WASTE 16.1 The following provisions apply to vehicles carrying waste materials: a. persons who collect, transport and dispose of waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall do so in a sanitary manner; any fluid matter shall be transported in watertight containers having tight-fitting covers. b. persons who collect, transport and dispose of waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall be responsible to ensure all wastes are delivered to approved waste management facilities and in compliance with the policies and procedures set out by the operators of the waste management facility, this bylaw and with provincial regulations. 17 Solid Waste Resource Management By-Law C. every vehicle used for the collection and transportation of waste materials, ICI waste, mixed waste, organic materials, and recyclable materials shall have a tailgate or other restraining device and shall be completely closed or equipped with a tarpaulin, and such tarpaulin shall be used to cover such waste materials, ICI waste, mixed waste, organic materials and/or recyclable materials while the same is being transported. d. all waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall be transported in such a manner that materials shall not spill or scatter from the vehicle containing the same. e. the manager may inspect vehicles used for the collection or carriage of waste materials at all reasonable times to ensure compliance with this by- law. 16.2 Persons who collect and transport waste materials, ICI waste, mixed waste, organic materials and recyclable materials that have been placed for collection in accordance with Section 16 (1) at industrial, commercial or institutional premises or properties shall transport waste materials, ICI waste, mixed waste, organic materials and recyclable materials in a source separated condition and deliver the same material in a source-separated condition to the appropriate receiving facility in accordance with the Municipality's waste-resource management system. ICI waste contained in bags must be placed in clear, translucent in color bags. 17. PROHIBITIONS 17.1. No person shall: a. pick over, remove, disturb or otherwise interfere with any waste material that has been set out for municipal collection. b. remove, collect waste material placed for municipal collection. C. shall remove a container or organics collection cart placed at curbside. 17.2. The prohibitions in Section 17.1 do not apply to the person who placed the waste material for collection or to the Municipality, its contractors or authorized Municipal collection contractors. 18 Solid Waste Resource Management By-Law 18. WASTE DISPOSAL FEE STRUCTURE 18.1. The fees and charges for the depositing of materials by haulers and persons who transport waste materials acceptable for disposal at any waste management facility operated by the Municipality, its contractors or its agents as part of the Municipality's waste management system shall be as prescribed in the CBRM Solid Waste Management Policy. 18.2. No waste disposal fee shall apply to collectible waste from eligible premises collected through municipal collection and deposited by collection contractors engaged by the Municipality at waste management facilities operated by the Municipality, its contractors or its agents. 19. VEHICLE REGISTRATION 19.1 Haulers using the Municipality's waste management facilities shall comply with the registration requirements of the Municipality including vehicle registration for such haulers. 19.2 The following provisions apply to vehicle registration for hauler using the Municipality's waste management facilities: a. haulers (other than those users of cars, station wagons, mini-vans, sport utility vehicles) using the Municipality's waste management facilities shall pre-register identifying information and the tare weight for each vehicle to be used in scheduled waste collection services operated on behalf of the Municipality (if the hauler is also a collection contractor). b. haulers who wish to be granted credit privileges with the Municipality must register adequate identifying information with the Municipality. Each hauler and/or each hauler's vehicle will be assigned a unique identification code and/or issued appropriate physical identifying property. The physical identifying property issued shall remain the sole property of the Municipality and shall be returned promptly at the expiration of its use as determined by the Municipality at its sole discretion. C. each hauler and hauler's vehicle using the Municipality's waste management facilities which have been granted credit privileges and must present the assigned and/or issued identification to the scale operator upon entering the facility. The hauler to whom the assigned and/or issued identification is registered to will be invoiced for all materials delivered under his/her identification. 19 Solid Waste Resource Management By-Law 20. FEE PAYMENT: 20.1. The following applies to the payment of fees: a. at Cape Breton Regional Municipality waste management facilities haulers will be required to obtain credit privileges. Haulers who transport acceptable material to a facility operated by the Municipality, its contractors or its agents will be required to pay upon invoice in accordance with sections (i) to (iii) below: i. where only one scale is in operation and the tare has not been predetermined, the vehicle will be weighed upon entering the facility and again upon leaving. The hauler will pay the fee upon invoice in accordance with the fee structure prescribed in schedule 1. ii. where both inbound and outbound scales are in operation, the vehicle will be weighed upon entering the facility and again upon leaving. The hauler will pay the fee upon invoice in accordance with the fee structure prescribed in schedule 1. iii. where both scales are not functioning the hauler will be charged according to the fee prescribed in Appendix A, Schedule 1. 20.2 The following provisions apply to haulers who have been granted credit privileges at any waste management facility operated by the Municipality, its contractors or it agents: a. haulers granted credit privileges will receive a monthly Statement of Accounts and payment is due within thirty (30) days of the end of the statement month. b. where an account for material disposal fees remains unpaid for more than thirty (30) days, a notice of non-payment will be sent by the Municipality. The Municipality may advise that if payment is not received within a specified period of time after mailing of such notice, the hauler shall be refused admittance to all facilities and/or credit privileges withdrawn until such time as the outstanding amounts, interest and service charges are paid. Scale operators will be notified of all haulers on refused admittance status or credit privileges withdrawn status and will be instructed to deny access to the facilities as applicable. The Municipality may require the posting of a performance bond or any other security acceptable to the Municipality in the event that accounts continue from time to time to be unpaid. 20 Solid Waste Resource Management By-Law 21. DUTY TO NAME PERSON RESPONSIBLE 21.1 When a person is identified as owner of any materials dump or deposited on a premise in violation of this by-law, the owner of the materials on the request of a peace officer shall, within forty-eight hours of the request, supply the peace officer with the name and address of the person(s) responsible of the illegal dumping of materials. When a materials owner, who refuses, fails, neglects or is unable to supply the name and address of the person(s) responsible for the illegal dumping of materials within forty-eight hours after being requested, shall be liable for the infraction under section 12.0 of this By-law. 21.2 Where under this section of the by-law a motor vehicle is operating in violation of this By-Law, the registered owner of the vehicle on request of any peace officer shall, within forty-eight hours of the request, supply the peace officer with the name of address of the person in charge of the vehicle at the time of such violation. When a motor vehicle register owner, who refuses, fails, neglects or is unable to supply the name and address of the person(s) responsible infraction of this By-Law within Forty-eight hours after being requested, shall be liable for the infraction under section 19.0 of this By-Law. 22. PENALTIES 22.1 Any person who contravenes any provision of this by-Law shall be liable upon summary conviction for every such offense to a penalty of not less than six hundred & ninety seven dollars & fifty cents ($697.50) and not exceeding fifty thousand dollars ($50,000) or in default of payment, to imprisonment for a term not exceeding ninety days (90 days) and each day that the offence continues shall constitute a new offence. 22.2 Any person alleged to have violated this bylaw who is given notice of the alleged violation and where the said notice so provides for payment , may pay a penalty in the amount of six hundred & ninety seven dollars & fifty cents ( $697.50 )to the CAPE BRETON REGIONAL MUNICIPALITY provided that said payment is made within a period of fourteen days (14) following the day on which the alleged violation was committed, and said payment shall be in full satisfaction , releasing and discharging all penalties and imprisonments incurred by the person for said violation . 22.3 In addition to any fine or imprisonment imposed pursuant to subsection 21.1, the court or judge may order the person convicted to pay all expenses incurred in correcting the contravention of the By-law or any damages associated with such contravention. 21 Solid Waste Resource Management By-Law 22.4 Where any person is in contravention of any provision of this By-law, the Manager may direct in writing that the contravention be remedied by that person in the manner and within the time specified in the written direction. 23. REPEAL 23.1 The following are hereby repealed: Cape Breton Regional Municipality Garbage Collection By-Law. Passed and adopted by the Cape Breton Regional Municipal Council on the 8th day of July, 2003 and amended on the 15th day of November, 2005, the 20th day of June, 2006, the 27th day of February, 2018, and the 18th day of June, 2019. Publication Date: July 12,2003 MAYOR CECIL P. CLARKE Amendments: November 15,2005 (published Nov. 19,2005) June 20,2006(published June 27,2006) MUNICIPAL CLERK February 27,2018(published March 6,2018) June 18,2019(published June 22,2019) DEBORAH CAMPBELL RYAN 22 No. 5-300 CAPE BRETON REGIONAL MUNICIPALITY "SOLID WASTE RESOURCE MANAGEMENT BY-LAW" 1. TITLE 1.1 This By-Law shall be known and may be cited as the "Solid Waste Resource Management By-Law". 2. DEFINITIONS 2.1 In this By-law the following words and phrases shall have the following meanings: a. "containers recyclables" means glass bottles and jars; aluminum, steel and tin cans; high density polyethylene, low density polyethylene, and polyethylene terephthalate plastic bottles, containers and bags; milk and juice cartons; beer and liquor containers; tetra packs and mini-sip containers; or other items as designated from time to time. b. "box board" means cereal, shoe, tissue, detergent, cracker, cookie, baking product and frozen food boxes, toilet paper rolls and paper towel rolls or other similar items. C. "collectible waste" means material originating from eligible premises and placed curbside by the owner or occupant for collection by a collection contractor or by an agent of the Municipality. These materials include mixed waste, recyclable materials and organic materials. d. "collection contractor" means any company, person or persons and the agents of such persons under contract with the Municipality to collect collectible waste from eligible premises. e. "collection day" means any day which is scheduled by the Municipality for municipal collection of collectible waste. f. "commercial container" means any container used for the storage of ICI waste materials or any container used for the storage of organic materials or recyclable materials originating from industrial, commercial or institutional premises on properties located in the Municipality for collection by a hauler. g. "commercial enterprise" means an enterprise which is assessed a business occupancy tax by the Municipality. h. "commercial premises" means any lot of land which contains one or more commercial enterprises. 1 Solid Waste Resource Management By-Law i. "condominium" means the division of land and buildings intended to be used as condominiums in Nova Scotia and is registered under the Condominium Act, revised statutes of Nova Scotia, 1989. Chapter 85. j. "construction and demolition waste" means material generated as a result of construction, demolition, or renovation activities. This includes materials normally used in the construction of buildings, structures, roadways, walls and other landscaping material such as asphalt, brick, mortar, concrete, drywall, plaster, cellulose, fiberglass fibers, lumber, wood, asphalt shingles and metals. k. "Container recyclables" means 1. "Council" or "council" means the Council of the Cape Breton Regional Municipality. M. "dwelling "means a building, or a unit in a building, occupied or intended to be occupied as a home, residence or sleeping place by one or more persons but does not include a hotel, motel, guesthouse or inn. n. "eligible premises" means those properties within the Municipality which are eligible for municipal curbside collection as defined in Section 6 of this By-law. o. "Fiber recyclables" means mixed paper, corrugated cardboard, box board, newsprint, magazines, catalogues, flyers, telephone and other soft cover books and paper egg cartons or other similar items designated by Council from time to time. P_ Green cart means an aerated cart supplied to eligible premises by the Municipality for the collection of organic materials. q. "hauler" means any company, person or persons who transports waste materials including, without limitation, ICI waste, mixed waste, recyclable materials, or organic materials to waste management facilities approved for operation with the CBRM. This does not include infrequent users of these facilities such as residents of eligible premises hauling materials in an unregistered vehicle from their premises. r. "household special waste" or"HSW" means waste-resource materials of a potentially hazardous nature generated in households including, but not restricted to solvents, glues, cleaners, paints and finishes, asphalt sealers, kerosene, pesticides, lawn and garden chemicals, poisons, propane tanks, roofing tar,pool chemicals, batteries, etc. For the purposes of this bylaw, household special waste does not include PCB's, radioactive materials, 2 Solid Waste Resource Management By-Law explosives, fireworks, pathological wastes, ammunition, oil, gas, oil gas mixes, etc. S. "industrial, commercial, institutional waste" or "ICP' waste" means material of similar composition as mixed waste collected within the Municipality other than waste generated in an eligible premise. t. "international waste" means waste imported into Canada from any country other than the United States which contains or is suspected of containing an animal product or animal by-product and which was intended to be served or was served for consumption by the passengers or crew of an aircraft or ship. U. "leaf and yard waste" means sods, grass clippings, leaves, branches, brush, bushes, twigs less than I inch in diameter, house and garden plants, sawdust and wood shavings or other similar items and natural Christmas trees (without decorations and tree stands). V. "litter" means any intentionally or accidentally discarded waste not placed in a proper receptacle, or container for recycling, organics, collection or for disposal. W. "manager" or Manager" means the Manager of Solid Waste for the Cape Breton Regional Municipality, the successor to such position, or a person designated by the Manager to act in place of the Manager. X. "materials recovery facility" means a facility designed to receive, sort, process, store and ship to market recyclable materials. Y_ "mini bins" means a small container supplied to eligible premises by the Municipality for the collection of organic materials. The mini bin is intended for household use only, not curbside use. Z. "mixed waste" means and includes all collectible waste other than that which is collected as recyclable materials or organic materials including: i. broken bottles, crockery, glassware, floor sweepings, discarded clothing, cloth, leather,jute, non-recyclable plastic and metal, non-recyclable packaging, non-repairable household goods and other household waste. ii. glass that is tightly wrapped in cardboard or other suitable material and clearly marked to prevent injury to collection personnel. 3 Solid Waste Resource Management By-Law iii. ashes and soot that is completely cold placed in clear plastic disposable watertight bags securely tied and marked "ashes" or"soot". iv. manure, excretes or litter from companion pets residing in an eligible premise where the material is double bagged and securely tied in clear watertight bags and then placed in an eligible container. V. other items not specifically designated as mixed waste except as excluded by this by-law. aa. "mixed waste regulation container" means a container as specified in Section 8 for the collection of mixed waste. bb. "municipal collection" means the scheduled curbside collection of collectible waste from eligible premises made by or on behalf of the Municipality, at the expense of the Municipality. cc. "Municipality" or"municipality" means the Cape Breton Regional Municipality. dd. "non-collectible waste" means all material not eligible for curbside collection and without limitation includes: i. residential bulk waste ii. white goods iii. oil tanks iv. liquid waste or material that has attained a fluid consistency and has not been drained. V. highly combustible or explosive materials, including without limitation, celluloid cuttings, motion picture film, oil or gasoline soaked rags, gas containers, chemicals, acids or other combustible residues, fine dry dust, ammunition, dynamite, or other similar material. vi. material that is considered pathogenic or biomedical including, without limitation, dressings, bandages or other potentially infected material or hypodermic needles discarded in the course of the practice of physicians, surgeons, dentists or veterinarians. 4 Solid Waste Resource Management By-Law vii. carcasses or parts of any animal except food waste. viii. waste listed or characterized as hazardous by any federal or provincial law. ix. sheet iron, large pieces of scrap metal or machine parts, automobile parts, fuel tanks and bodies. X. septic tank pumping, raw sewage or industrial sludge; xi. radioactive materials. xii. soil, rock, stumps, and trees greater than inch in diameter. xiii. waste materials resulting from construction, demolition or renovation activities. xiv. industrial waste material from factories or other manufacturing processes. xv. manure, kennel waste, excreta, fish processing waste. xvi. lead-acid automotive batteries and propane tanks/cylinders. xvii. waste material from commercial containers. xviii. waste material which has not been placed for collection in accordance with the provisions of this by-law. xix. materials banned from landfill disposal by the Nova Scotia Department of the Environment unless such materials are recyclable materials or organic materials from eligible premises. ee. "oil tanks" means residential oil tanks to a maximum size of 200 gallons. ff. "organic materials" means food waste, boxboard, soiled and non-recyclable paper, and other material of plant or animal origin as designated by Council from time to time. gg. "organic materials regulation container" means a cart or other container as specified in Section 8 for the collection of organic materials. 5 Solid Waste Resource Management By-Law hh. provincial disposal bans" means materials banned from disposal in landfills and incinerators under the Solid Waste—Resource Management Regulations of the Environment Act of the Province of Nova Scotia as updated and amended from time to time. ii. "private road" is a road as defined by the Subdivision By-law of CBRM. J. "recyclable materials" means fiber recyclables, containers recyclables and other materials of a recyclable nature. kk. "residential bulk items" means large items of a household nature including but not limited to furniture, stoves, mattresses, bed springs, barrels, water tanks, and dishwashers. ll. "residential food waste" means fruit and vegetable peelings, table scraps, bread, grain, rice and pasta, egg shells, coffee grounds and filters, tea leaves and tea bags or other similar items suitable for disposal in a green cart. mm. "soiled and non-recyclable paper" means napkins, paper towel & fast food wrappers, wax paper, wrapping paper, paper plates and cups, soiled newspaper and flyers, sugar, flour &potato paper bags or other similar items. nn. "source separated composting facility" means a facility designed to receive, process and compost organic materials. oo. "transfer station" means a facility operated by or on behalf of the Municipality for unloading and consolidating waste, recyclables or organics from vehicles for transport to another waste management facility in larger loads. pp. "treasurer" means the Director of Finance for the Municipality, the successor to this position or a person designated by the Director to act in his/her place. qq. "unlisted bungalow road" is an unlisted bungalow road as defined by the Subdivision By-law of CBRM. rr. "unlisted road" is an unlisted road as defined by the CBRM Subdivision By- law of CBRM. ss. "unit" means a self-contained portion of a building occupied as a separate residence. tt. "unnamed road" means any street or road which is not a public street/road, is unnamed and extends to and has access to a public street/road 6 Solid Waste Resource Management By-Law uu. "waste disposal fees" means per tonne fees, or per load fees, charged by the Municipality for the acceptance of waste, mixed waste, recyclable materials, and organic materials within the municipal waste disposal system. vv. "waste management facilities" means facilities for the management of mixed waste, recyclable materials, and organic materials operated within the Municipality, its contractors or its agents and includes, without limitation, the landfill, materials recovery facility(s), source-separated composting facility(s), transfer stations(s) and construction and demolition recycling disposal facilities. ww. "white goods" means any large household appliance including but not limited to refrigerators, freezers, air conditioners, stoves, washers, and dryers. 3. THE COUNCIL 3.1 Pursuant to Section 49(1)(b) of the Municipal Government Act, the Council may, by policy, regulate the use of solid-waste management facilities, providing for times and conditions under which they may be used and setting charges for the use of solid-waste management facilities operated by the Municipality. 3.2 In accordance with Section 3.1, Council has enacted a policy designating the hours of operation for waste management facilities and the fees and charges for depositing materials at waste management facilities, which policy is known as the CBRM Solid Waste Management Policy. 4. THE MANAGER 4.1. The manager or his designate shall administer the provisions of this By-Law and, for this purpose, may: a. divide the Municipality into areas for the purposes of curbside collection of collectible waste from eligible premises on various days of the week. b. designate a particular day of the week for curbside collection of collectible waste in each designated collection area. C. alter the boundaries of curbside collection areas as deemed necessary on reasonable notice to the public. d. administer and liaise with any collection contractor who may be hired by the Municipality to carry out curbside collection of collectible waste within the Municipality. 7 Solid Waste Resource Management By-Law e. designate the conditions and guidelines relating to the acceptance of curbside waste materials at waste management facilities owned and operated by the CBRM in compliance with applicable provincial regulations and this by-law. f. administer a system for collection of"bulk waste" and "white goods", from eligible premises. g. administer the residential household special waste system. 5. THE PUBLIC 5.1 The owner or occupier of an eligible premises shall: a. provides sufficient and adequate containers to contain waste generated at the eligible premises. b. provide separate containers for mixed waste, organic waste and for recyclable waste. C. ensure that each container is covered and secured at all times except when being emptied or filled. d. store collectible waste outside the main building on the eligible premises only in secured regulation containers made inaccessible to pests or animals. e. ensure the proper preparation of all collectible waste in accordance with this by-law. f. ensure that collectible waste is placed for collection in accordance with this by-law. g. ensure that collectible waste remains within adequate containers. 5.2 No owner or occupier of any eligible premises shall permit any waste to accumulate upon any premises so owned or occupied, and shall provide for the removal of all waste from the premises at times designated by Municipality. 8 Solid Waste Resource Management By-Law 6. ELIGIBLE PREMISES 6.1 Eligible premises include the following: a. single family dwellings including mobile homes. b. multi-unit residential dwellings that constitute a unit in a duplex, row house or townhouse where every unit has street or road frontage. C. multi-unit apartment buildings to a maximum of six (6) units. (limited to 5 bags per unit to a total 30 bags) d. fire halls e. condominium buildings 6.2 Owners and occupants of properties not defined herein as eligible premises shall not place any waste materials at the curbside of such properties for municipal collection. 7. COLLECTIBLE MATERIAL —PREPARATION AND RESTRICTIONS 7.1 No material shall be placed out or caused to be placed out for municipal curbside collection by any person except in accordance with the following: a. for eligible premises as outlined in section 6.1 of this by-law a maximum of five (5) mixed waste regulation containers. b. ashes or soot generated by eligible premises are not eligible for municipal collection, except ashes and soot that are completely cold, and double bagged in clear plastic disposable watertight bags, meeting the requirements of section 8.2 (a). The bag must be securely tied and marked "ashes" or"soot". This container is considered an eligible container as per section 7.1 (a), (b) or, (c). C. there shall be no limit to the amount of blue bags recyclables and blue bag fiber recyclables eligible for municipal collection from eligible premises. d. no person shall place for municipal collection any non-collectible waste. e. where the Municipality establishes separate municipal curbside collection of organic materials, the following conditions and restrictions shall apply to all such collection: i. a maximum of one (1) green cart may be placed for curbside collection. 9 Solid Waste Resource Management By-Law 8. REGULATION CONTAINERS FOR MUNICIPAL COLLECTION 8.1 The owner or occupant of each eligible premise shall be responsible to contain designated collectible waste so as to prevent the escape of waste materials into the environment. The owner or occupant of each eligible premise is responsible to gather waste material placed for curbside collection that has escaped from its container. 8.2 Only containers which meet the following specifications and requirements shall be utilized for the purposes of municipal collection. a. Plastic Bag Specifications Mixed Waste: Clear Garbage Bags i. bags must be watertight and securely tied with an overall length of between 0.5 meters and 1 meter when empty. ii. bag weight not to exceed 12 kilograms including contents. iii. bags must have a thickness sufficient to prevent breakage, tearing or splitting upon collection. iv. bags must be clear, translucent in color when placing more than one (1) bag of garbage curbside. The one dark bag used curbside can be dark, colored or tinted. The bag must not be yellow, red, orange or transparent blue in color for mixed waste. b. Container Specifications Mixed Waste: Garbage Cans i. containers must be watertight, secured with a cover, equipped with handles in good repair and tapered to be as large or larger at the top as at the bottom. ii. the weight of the container including contents shall not exceed 24 kilograms, the height shall be not less than 46 and not more than 76 centimeters, and the diameter shall be between 38 and 51 centimeters. iii. containers shall be made of metal, plastic or other impermeable material of sufficient thickness to prevent breakage or splitting upon collection. iv. containers must be maintained in a neat and sanitary and waterproof condition and kept in good repair 10 Solid Waste Resource Management By-Law C. Storage Containers: Roadside Boxes i. outdoor, roadside boxes or bins are acceptable for storing containers or bags for mixed waste provided they meet the following specifications: 1. a box or bin constructed of wood or other material suitable for storing containers or bags or mixed waste as long as the box or bin is rodent and animal proof. 2. boxes or bins must be affixed with a lid weighing not more than 5 kilograms. 3. boxes or bins shall at all times be maintained in a neat and sanitary condition and kept in good repair. 4. waste collectors will remove waste from storage containers located consistent with section 9.2; however, the municipality or collector is indemnified against damage to bins or containers resulting from collection activity. d. Organic Materials: Green Carts and Mini Bins i. where the Municipality establishes a separate collection for organic materials, the following organic materials regulation containers shall be used: 1. eligible premises that receive curbside collection will be delivered and assigned one green cart and one mini bin by the Municipality. The Municipality will establish the number of cart(s) and mini bin(s) assigned to types of eligible premises. 2. green cart(s) and mini bin(s) assigned to eligible premises are to remain with those eligible premises. 3. owners or occupants of eligible premises are responsible for the care and cleaning of each green cart and mini bin which have been assigned to their eligible premises. 11 Solid Waste Resource Management By-Law 4. repair to damage green cart(s) or replacement of green cart(s) or mini-bin(s) assigned to eligible premises due to misuse, alterations or abuse involving the owner or occupant of the eligible premises shall be the responsibility of the owner or occupant of the eligible premises to which the cart(s) or mini-bin(s) is assigned. 5. owners or occupants of eligible premises shall make the green cart(s) assigned to eligible premises available to the Municipality or its contractors or agents within reasonable time frame upon request for inspection or repair purposes or for identification of the serial number. 6. owners or occupants of eligible premises are responsible for the green cart(s) and mini bin(s) assigned to the eligible premises and used by tenants who are renting or leasing the premises. a. Plastic Bag Specifications Blue Bags: Blue Transparent Plastic Bags i. blue bag recyclable containers must be placed in watertight transparent blue bags with a thickness sufficient to prevent breakage, tearing or splitting upon collection. These bags shall have an overall length of between 0.5 meters and 1 meter when empty. These bags shall be securely tied. ii. blue bag recyclable fiber must be placed in watertight transparent blue bag with a thickness sufficient to prevent breakage, tearing or splitting upon collection. These bags shall have an overall length of between 0.5 meters and 1 meter when empty. These bags shall be securely tied. iii. all materials must be securely contained so as to prevent material from escaping into the environment. iv. corrugated cardboard may be tied in bundles not greater than 0.65 meters x l-meter x 0.20 meters (2 ft. x 3 ft. x 8 in.) or may be placed in the blue bag for fiber. V. the weight of each blue bag, including contents, placed for blue bag collection must not exceed 12 kilograms. 12 Solid Waste Resource Management By-Law b. Storage Containers: Roadside Boxes Blue Bags i. outdoor, roadside boxes or bins are acceptable for storing fiber and container recyclable materials provided they meet the following specifications: 1. blue box or blue bin constructed of wood or other material suitable for storing blue bags as long as the box or bin is rodent and animal proof. 2. blue boxes or blue bins must be affixed with a lid weighing not more than 5 kilograms. 3. blue boxes or blue bins shall at all times be maintained in a neat, sanitary condition and kept in good repair. 4. blue bag collectors will remove waste from storage containers located consistent with section 9.2; however, the municipality or collector is indemnified against damage to bins or containers resulting from collection activity. 9. PLACEMENT OF MATERIALS 9.1. Collectible waste shall be placed for municipal collection in accordance with this By-Law. 9.2. Collection is at the curb only. All regulations containers must be placed at end of a driveway and/or at the edge of a property abutting the street, road or highway without obstructing the street, road or highway. 9.3. Materials must be placed for municipal collection with approximately 1-meter spacing between each waste stream 9.4. Green carts must be placed at the curb in an upright position with the lid closed and the front of the green cart facing the street, road or highway. 9.5. Owners or occupants of eligible premises on private roads, unlisted roads, unlisted bungalow roads, unnamed roads and in trailer parks are eligible for curbside collection on theses roads if the road is safely passable by a collection vehicle. If these roads are not safely passable by a collection vehicle, the collectible waste must be brought to the nearest intersection with a public street or road and placed in accordance with this By-Law, where it shall be collected. 13 Solid Waste Resource Management By-Law 10. COLLECTION TIMES & FREQUENCIES 10.1. Collection will commence at the following times on the collection days designated in the following areas of the municipality: a. 8:00 a.m. in all areas of the Municipality having daytime collection. b. 12 midnight in all areas of the Municipality having overnight collection. 10.2. No person shall place collectible waste out for collection before 7:00 p.m. the evening of the day prior to the collection day applicable in that area of the Municipality. 10.3. Where an area is designated to receive bi-weekly recyclable collection, no person shall place blue bag material out for curbside collection on the week not designated for the area's recyclable collection week applicable in that section of the Municipality. 10.4. Any materials not collected must be removed from curbside by 9:00 p.m. on the day of collection. 10.5. Collectible waste must be placed for collection by the designated commencement time for collection in the area. 10.6. When a regularly scheduled day for collection falls on a Federal, Provincial or Civic holiday, the collection day may be modified to occur on an alternate day as designated by the Manager. 11. HOUSEHOLD SPECIAL WASTE 11.1. The Manager may designate the place and time, including the days and hours of operation and the materials eligible for the disposal of household special waste in the Municipality. This includes the operation of a permanent household special waste depot in the Municipality. 11.2. The household special waste depot(s) may only be used by residents of the Municipality for the proper disposal of household special waste originating within the Municipality. 11.3. All persons are prohibited from disposing of industrial, commercial and institutional waste at the permanent household special waste depot. 14 Solid Waste Resource Management By-Law 12. ILLEGAL DUMPING/LITTER 12.1. No owner or occupier of property in the Municipality shall permit the accumulation of solid waste in or around the property to the extent that it is likely to become a nuisance or hazard to the public health. 12.2. Owners and occupants are responsible to provide for the lawful collection and disposal of all solid waste that is not subject to municipal collection. 12.3. No person shall place waste for curbside collection on a property other than a property owned and occupied by such person or in respect of which the person has obtained the consent of the owner or occupier for that purpose. 12.4. No person shall dump, abandon or dispose of waste-resources at any public or private place unless that place is duly licensed to receive and dispose of the particular category of waste-resources. 12.5. No person shall dispose of or cause the disposal of the following materials at any licensed solid waste-resource management facility, or deposit any such materials in a storage area, storage container or collection container, intended for residual waste disposal in an incinerator or landfill nearby, namely: a. material banned from disposal by provincial regulations: materials banned from disposal by provincial regulation are those materials listed in Schedule B of the Solid Waste Resource Management Regulations as amended from time to time. 12.6. No person shall dump, dispose of or abandon at or near a Waste-Resource Management Centre or any other facility licensed to receive any category of waste-resources when the Facility is not open or when the operator or staff of the facility refuses to accept waste—resources at that time or from that person. 12.7 Depositing solid waste materials contrary to the above, where the quantity, volume, weight, nature, kind or character of the solid waste or the location of the deposit, in the opinion of the Solid Waste Manager, causes injury, damage, hazard or potential hazard to persons, property or the environment or requires removal by vehicle transport or environmental clean-up and/ or remediation to restore the site to reasonable condition, constitutes "Illegal Dumping" under this By-Law. 12.8 No person shall illegal dump or cause or allow illegal dumping. 12.9 Each day that illegal dumping materials remain shall constitute a separate offense under this By-law. 15 Solid Waste Resource Management By-Law 13. INDUSTRIAL, COMMERCIAL, INSTITUTIONAL WASTE 13.1. The property owner, agent of an owner of an Industrial, Commercial, or Institutional Business shall provide sufficient and adequate, containers for any waste that may accumulate from time to time in or from the business. 13.2. The property owner or agent of an owner of an owner of an Industrial, Commercial, or Institutional Business shall maintain a Waste Management plan. This plan must identify the solid waste generated and the method for storing, recycling and disposing of the solid waste generated by the business. This plan must also include a litter management section. This plan must comply with the provisions of the Provincial Solid Waste Resource Regulations and this by-law. This plan must be provided to the manager within 1 business day following a verbal and/or written request. 13.3. The property owner or agent of an owner of an Industrial, Commercial, or Institutional Business which generate waste shall, either personally or by employees, contractors or agents, and in compliance with all applicable Federal, Provincial and Municipal laws, remove and dispose or recycle such waste in accordance with the waste management plan of section 14.2 13.4. No owner or agent of an owner of an Industrial, Commercial, or Institutional Business shall permit the accumulation of waste in or around a premises to the extent that it is likely to become a nuisance or is likely to endanger the public health. 13.5. The property owner or agent of a IC&I establishment offering a drive-thru service shall provide sufficient and adequate containers for any waste generated as a result of the said service. 13.6. The placement of containers required in section 13.5 shall be in such a manner as to provide access to those customers utilizing the drive-thru lane. 13.7. The person or agent of a person who organizes or is responsible for a public event held in open spaces or in temporary shelters shall maintain a written litter management plan which complies with the provisions of the Provincial Solid Waste Resource Regulations Section III—Litter Abatement. 14. CONSTRUCTION AND DEMOLITION WASTE 14.1. The property owner or agent of an owner of an Industrial, Commercial, or Institutional Business or of an eligible premises undergoing construction and/or demolition activity shall provide sufficient and adequate, containers for any waste that may accumulate from time to time in or from the construction or demolition activity. 16 Solid Waste Resource Management By-Law 15. COMMERCIAL CONTAINERS 15.1. The following provisions apply to commercial containers: a. any person who makes use of a commercial container for the temporary storage of waste shall ensure that such commercial container: i. is sturdily constructed of weather-proof and animal proof material and is capable of containing the material deposited within. ii. is equipped with a tight-fitting lid with a positive closing device which shall be kept closed except when the container is being loaded or unloaded or the container shall be kept in a locked compound. iii. is cleaned out regularly and periodically, as necessary, to avoid the build-up of odours. iv. has only those materials for which the container is intended deposited therein. V. are easily accessible to the occupants. 16. VEHICLES CARRYING WASTE 16.1 The following provisions apply to vehicles carrying waste materials: a. persons who collect, transport and dispose of waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall do so in a sanitary manner; any fluid matter shall be transported in watertight containers having tight-fitting covers. b. persons who collect, transport and dispose of waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall be responsible to ensure all wastes are delivered to approved waste management facilities and in compliance with the policies and procedures set out by the operators of the waste management facility, this bylaw and with provincial regulations. 17 Solid Waste Resource Management By-Law C. every vehicle used for the collection and transportation of waste materials, ICI waste, mixed waste, organic materials, and recyclable materials shall have a tailgate or other restraining device and shall be completely closed or equipped with a tarpaulin, and such tarpaulin shall be used to cover such waste materials, ICI waste, mixed waste, organic materials and/or recyclable materials while the same is being transported. d. all waste materials, ICI waste, mixed waste, organic materials and recyclable materials shall be transported in such a manner that materials shall not spill or scatter from the vehicle containing the same. e. the manager may inspect vehicles used for the collection or carriage of waste materials at all reasonable times to ensure compliance with this by- law. 16.2 Persons who collect and transport waste materials, ICI waste, mixed waste, organic materials and recyclable materials that have been placed for collection in accordance with Section 16 (1) at industrial, commercial or institutional premises or properties shall transport waste materials, ICI waste, mixed waste, organic materials and recyclable materials in a source separated condition and deliver the same material in a source-separated condition to the appropriate receiving facility in accordance with the Municipality's waste-resource management system. ICI waste contained in bags must be placed in clear, translucent in color bags. 17. PROHIBITIONS 17.1. No person shall: a. pick over, remove, disturb or otherwise interfere with any waste material that has been set out for municipal collection. b. remove, collect waste material placed for municipal collection. C. shall remove a container or organics collection cart placed at curbside. 17.2. The prohibitions in Section 17.1 do not apply to the person who placed the waste material for collection or to the Municipality, its contractors or authorized Municipal collection contractors. 18 Solid Waste Resource Management By-Law 18. WASTE DISPOSAL FEE STRUCTURE 18.1. The fees and charges for the depositing of materials by haulers and persons who transport waste materials acceptable for disposal at any waste management facility operated by the Municipality, its contractors or its agents as part of the Municipality's waste management system shall be as prescribed in the CBRM Solid Waste Management Policy. 18.2. No waste disposal fee shall apply to collectible waste from eligible premises collected through municipal collection and deposited by collection contractors engaged by the Municipality at waste management facilities operated by the Municipality, its contractors or its agents. 19. VEHICLE REGISTRATION 19.1 Haulers using the Municipality's waste management facilities shall comply with the registration requirements of the Municipality including vehicle registration for such haulers. 19.2 The following provisions apply to vehicle registration for hauler using the Municipality's waste management facilities: a. haulers (other than those users of cars, station wagons, mini-vans, sport utility vehicles) using the Municipality's waste management facilities shall pre-register identifying information and the tare weight for each vehicle to be used in scheduled waste collection services operated on behalf of the Municipality (if the hauler is also a collection contractor). b. haulers who wish to be granted credit privileges with the Municipality must register adequate identifying information with the Municipality. Each hauler and/or each hauler's vehicle will be assigned a unique identification code and/or issued appropriate physical identifying property. The physical identifying property issued shall remain the sole property of the Municipality and shall be returned promptly at the expiration of its use as determined by the Municipality at its sole discretion. C. each hauler and hauler's vehicle using the Municipality's waste management facilities which have been granted credit privileges and must present the assigned and/or issued identification to the scale operator upon entering the facility. The hauler to whom the assigned and/or issued identification is registered to will be invoiced for all materials delivered under his/her identification. 19 Solid Waste Resource Management By-Law 20. FEE PAYMENT: 20.1. The following applies to the payment of fees: a. at Cape Breton Regional Municipality waste management facilities haulers will be required to obtain credit privileges. Haulers who transport acceptable material to a facility operated by the Municipality, its contractors or its agents will be required to pay upon invoice in accordance with sections (i) to (iii) below: i. where only one scale is in operation and the tare has not been predetermined, the vehicle will be weighed upon entering the facility and again upon leaving. The hauler will pay the fee upon invoice in accordance with the fee structure prescribed in schedule 1. ii. where both inbound and outbound scales are in operation, the vehicle will be weighed upon entering the facility and again upon leaving. The hauler will pay the fee upon invoice in accordance with the fee structure prescribed in schedule 1. iii. where both scales are not functioning the hauler will be charged according to the fee prescribed in Appendix A, Schedule 1. 20.2 The following provisions apply to haulers who have been granted credit privileges at any waste management facility operated by the Municipality, its contractors or it agents: a. haulers granted credit privileges will receive a monthly Statement of Accounts and payment is due within thirty (30) days of the end of the statement month. b. where an account for material disposal fees remains unpaid for more than thirty (30) days, a notice of non-payment will be sent by the Municipality. The Municipality may advise that if payment is not received within a specified period of time after mailing of such notice, the hauler shall be refused admittance to all facilities and/or credit privileges withdrawn until such time as the outstanding amounts, interest and service charges are paid. Scale operators will be notified of all haulers on refused admittance status or credit privileges withdrawn status and will be instructed to deny access to the facilities as applicable. The Municipality may require the posting of a performance bond or any other security acceptable to the Municipality in the event that accounts continue from time to time to be unpaid. 20 Solid Waste Resource Management By-Law 21. DUTY TO NAME PERSON RESPONSIBLE 21.1 When a person is identified as owner of any materials dump or deposited on a premise in violation of this by-law, the owner of the materials on the request of a peace officer shall, within forty-eight hours of the request, supply the peace officer with the name and address of the person(s) responsible of the illegal dumping of materials. When a materials owner, who refuses, fails, neglects or is unable to supply the name and address of the person(s) responsible for the illegal dumping of materials within forty-eight hours after being requested, shall be liable for the infraction under section 12.0 of this By-law. 21.2 Where under this section of the by-law a motor vehicle is operating in violation of this By-Law, the registered owner of the vehicle on request of any peace officer shall, within forty-eight hours of the request, supply the peace officer with the name of address of the person in charge of the vehicle at the time of such violation. When a motor vehicle register owner, who refuses, fails, neglects or is unable to supply the name and address of the person(s) responsible infraction of this By-Law within Forty-eight hours after being requested, shall be liable for the infraction under section 19.0 of this By-Law. 22. PENALTIES 22.1 Any person who contravenes any provision of this by-Law shall be liable upon summary conviction for every such offense to a penalty of not less than six hundred & ninety seven dollars & fifty cents ($697.50) and not exceeding fifty thousand dollars ($50,000) or in default of payment, to imprisonment for a term not exceeding ninety days (90 days) and each day that the offence continues shall constitute a new offence. 22.2 Any person alleged to have violated this bylaw who is given notice of the alleged violation and where the said notice so provides for payment , may pay a penalty in the amount of six hundred & ninety seven dollars & fifty cents ( $697.50 )to the CAPE BRETON REGIONAL MUNICIPALITY provided that said payment is made within a period of fourteen days (14) following the day on which the alleged violation was committed, and said payment shall be in full satisfaction , releasing and discharging all penalties and imprisonments incurred by the person for said violation . 22.3 In addition to any fine or imprisonment imposed pursuant to subsection 21.1, the court or judge may order the person convicted to pay all expenses incurred in correcting the contravention of the By-law or any damages associated with such contravention. 21 Solid Waste Resource Management By-Law 22.4 Where any person is in contravention of any provision of this By-law, the Manager may direct in writing that the contravention be remedied by that person in the manner and within the time specified in the written direction. 23. REPEAL 23.1 The following are hereby repealed: Cape Breton Regional Municipality Garbage Collection By-Law. Passed and adopted by the Cape Breton Regional Municipal Council on the 8th day of July, 2003 and amended on the 15th day of November, 2005, the 20th day of June, 2006, the 27th day of February, 2018, and the 18th day of June, 2019. Publication Date: July 12,2003 MAYOR CECIL P. CLARKE Amendments: November 15,2005 (published Nov. 19,2005) June 20,2006(published June 27,2006) MUNICIPAL CLERK February 27,2018(published March 6,2018) June 18,2019(published June 22,2019) DEBORAH CAMPBELL RYAN 22