TOWN OF LACOMBE

BYLAW 316

DEFINITIONS

1. In this bylaw:

1. "Agricultural Refuse" means manure, offal, straw, hay, spoiled or treated grain, screenings, or like material which would result from agricultural or agricultural processing activities.
2. "Authority" means the Lacombe Regional Solid Waste Authority.
3. "Automated Collection" means a method of collection by which a specially equipped vehicle can mechanically pick up and empty a specifically designed container or receptacle.
4. "Biological Refuse" means the carcass and offal of any animal in whole or in part, animal or human excrement or manure.

5. "Collector" means an employee or agent of the Town whose duty shall be to collect garbage and specified refuse from dwellings and other premises.

6. "Construction Refuse" means wood, cardboard, gypsum board, concrete, roofing, metal, gravel, asphalt, packaging, containers, or other material, which may result from the construction or demolition of any building or other work.
7. "Dwelling" means any building or place, including the land upon which the premises is located, which is occupied or used as a place of abode other than a hotel, restaurant or apartment building containing four or more dwelling units.
8. "Garbage Refuse" means all kitchen and table leavings, condemned meats, fish, fruits, vegetables and other like putrescible waste or decomposing matter.
9. "Garbage Receptacle" means a container approved and supplied by the Town for the placement, storage and collection of garbage and general refuse and to be of such specified designs, dimensions and volumes that will allow the usage the Town's automated solid waste collection system, namely:

   1. rectangular steel bins measuring approximately 153 centimetres in length, 127 centimetres in width and 153 centimetres in height, with sloped and hinged covers and a capacity of approximately 2.28 cubic metres; for placement and use in areas of the Town where dwellings or other premises are adjacent to lanes

   2. black plastic rollout bins measuring approximately 127 centimetres in length, 74 centimetres in width and 86 centimetres in height, with a capacity of approximately 500 litres and equipped with wheels and handles which enable them to be moved by the property owner or occupant to facilitate collection; for use in areas of the Town where dwellings or other premises are not adjacent to lanes and garbage and general refuse are collected from a point along the boundary of such properties.

10. "General Refuse" means plastic, ceramic, glass, rags, castoff clothing, waste paper, excelsior, food containers, packaging, metal, wood, grass cuttings, shrubbery, tree prunings, weeds, ashes excepting those generated from incinerators, and other non-putrescible materials not exceeding 9 kilograms (20 pounds) in weight or 1.2 metres (4 feet) in dimension.

11. "Liquid Refuse" means any waste in a liquid state, which may include petroleum products, industrial residue or sewage.
12. "Other Premises" means any building or place, including the land upon which the premises is located, which is occupied or used for

1. commercial or industrial purposes

2. government or institutional purposes

3. an apartment building containing more than four dwellings

13. "Refuse" means Garbage Refuse, Agricultural Refuse, Biological Refuse, Construction Refuse, General Refuse, Liquid Refuse, Toxic Refuse, Yard Refuse
14. "Town" means the Town of Lacombe
15. "Toxic Refuse" means ashes generated by an incinerator and any other solid, liquid or gaseous substance defined by the Province of Alberta as toxic.
16. "Yard Refuse" means tree stumps, tree trunks, branches, roots, turf, and other non-putrescible materials which may exceed 4.5 kilograms (10 pounds) in weight or 1.2 metres (4 feet) in dimension.

 

2. For the purposes of this bylaw the following classifications of refuse shall be used:

1. Garbage Refuse

2. Agricultural Refuse

3. Biological Refuse

4. Construction Refuse

5. General Refuse

6. Liquid Refuse

7. Toxic Refuse

8. Yard Refuse

3. For the purposes of this bylaw the following classifications of premises shall be used:

1. dwellings

2. other premises

4. The owner or occupant of a dwelling or other premises shall be responsible to:

    

    

   1. prevent the accumulation of refuse at a dwelling or other premises to the point where an unsanitary, unsafe or unsightly condition develops

   2. store all garbage refuse and general refuse in compliance with the requirements of this Bylaw

   3. store all refuse other than garbage refuse and general refuse in such a manner as to prevent any material from being scattered, blown, spilled or otherwise dispersed, to prevent any odors from escaping or any nuisance from being caused.

5. The owner or occupant of a dwelling or other premises shall keep that portion of the lane and street adjacent to the dwelling or other premises from the property line to the center line of street or lane, in a clean and tidy condition and free from garbage and refuse.

6. Any person other than:

   1. an employee, contractor or agent of the Town

   2. the owner or occupant of a dwelling

   3. the owner or occupant of an other premises, or employee thereof

   is prohibited from the handling of, interfering with or the removal of any garbage or refuse, or any container or receptacle thereof.

7. The Town shall provide for the collection of all garbage and general refuse from each dwelling within the Town, once per week at a time and day determined by the Town.

8. The Town shall provide for the collection of all garbage and general refuse from each premises other than a dwelling at least once per two weeks at a frequency, time and day determined by the Town in consultation with the occupant.

9. Except during designated periods in the spring and fall, the dates of which shall be determined in each year by the Town and communicated to the public, the Town shall not be responsible for the removal of refuse other than garbage refuse and general refuse.

10. Except where special arrangements have been made with the Town, the Town shall not be responsible for the collection of agricultural, biological, construction, toxic or liquid refuse.

11. Notwithstanding anything in this Bylaw, the Town may refuse to collect any material defined as garbage or refuse as specified in the attached Schedule B, or additionally that which is not accepted for disposal by the Authority, or additionally that which otherwise in the opinion of the collector may create a danger to the health or safety of those collecting such garbage and refuse.

12. The area designated by the Town in which the automated collection system will operate shall be the area prescribed by and located within the defined boundaries of the Town of Lacombe. The Chief Administrative Officer may designate areas of the Town in which dwellings and other premises may be provided with automated collection and may designate the type and location of receptacle or container that must be used by owners or occupants for the storage and placement for collection of garbage refuse and general refuse.  

13. For dwellings and other premises not provided with the above automated collection system, the Town shall designate the type and location of receptacle or container that must be used by owners or occupants for the storage and placement for collection of garbage refuse and general refuse.

14. Where a dwelling or other premises are located adjacent to a lane, the owner or occupant shall place all garbage and general refuse only within the rectangular steel bins supplied by the Town which allow the usage of the Town's automated solid waste collection system, such bins to be placed at a location adjacent to the lane where the Town shall have unobstructed and convenient access fro collection.

15. Where a dwelling is not served by a lane, the owner or occupant shall store all garbage and general refuse only within the plastic rollout bins supplied by the Town which allow the usage of the Town's automated solid waste collection system. Such rollout bins shall be stored within the property in such a manner as to not be unsightly in appearance, and placed by 7:00 AM on the day designated by the Town for collection, at a location adjacent to the curb or edge of the street fronting the property where the Town shall have unobstructed and convenient access for collection, and where pedestrian and vehicular traffic is not otherwise impeded.

16. The location of containers or receptacles for other premises may be located on public or private property at a location determined by the Town in consultation with the occupant or owner.

17. The Town shall provide containers to other premises and to dwellings in those areas designated for automated collection.

18. A receptacle shall not be filled to a point where the weight of the receptacle exceeds 75 pounds or 35 kilograms.

19. For dwellings in those areas designated for automated collection, the owner or occupant shall place all garbage and general refuse only within the container or receptacle provided.

20. For the purposes of facilitating the recycling of materials or accommodating the disposal requirements of the Authority, the Town may direct that certain materials within the definition of garbage or refuse be segregated for separate collection and disposal.

21. Owners or occupants of dwellings or other premises shall, where directed, comply with requirements to separate any materials for separate collection and disposal.

22. Notwithstanding the provisions of this Bylaw, the Town may make such special arrangements for the collection of refuse as the Town deems to be appropriate.

23. Owners and occupants of dwellings or other premises shall be responsible to dispose in a proper manner at an approved site any refuse for which the Town does not accept responsibility for collection and disposal.

24. The Town shall deliver all garbage to the Authority at such locations and subject to such regulations as the Authority may determine.

25. Any owner, occupant or employee thereof may deliver any garbage or accepted refuse to the Authority at such locations and subject to such regulations as the Authority may determine.

26. The Town and any owner, occupant or employee thereof of a dwelling or other premises may deliver any designated refuse to a location designated by the Town for disposal.

27. It is unlawful for any owner, occupant or employee of a dwelling or other premises, or an individual not living or working in the Town, to dispose of any refuse to a location not designated by the Town for disposal; or to dispose of any refuse at a dwelling or other premises at which they are not the owner, occupant or employee.

28. Any vehicle, conveyance or container used for the transportation of garbage or refuse shall be fully enclosed or fitted with a suitable cover so as to prevent any material from dropping, spilling or blowing from the vehicle during transit.

29. No person shall burn or be responsible for the burning of any garbage or refuse except in an incinerator, the emissions from which  meet the standards and regulations of the Provincial and Federal Governments.

30. There shall be levied on each owner or occupant of a dwelling or other premises a fee for the collection and disposal of garbage and refuse as determined in accordance with Schedule A of this Bylaw.

31. The fee charged under this Bylaw shall be for collection and disposal services offered by the Town and the full amount of such fee shall be payable regardless of the extent to which the available services are in fact used.

32. Such fee shall be levied through and included within the utility billing issued pursuant to Bylaw 70, and all provisions regarding the administration, payment or collection of utility bills contained in Bylaw 70 shall also apply with such modification as may be appropriate, to fees and charges set out in this bylaw.

33. Where the owner or occupant of a dwelling or other premises wishes to obtain garbage collection services, he shall make application to the administration office of the Town on a form prescribed in Schedule C.

34. Notwithstanding Section 31 and 32 the fee charged under this bylaw for collection and disposal may be suspended if the dwelling is anticipated to be vacant or otherwise unoccupied for a period exceeding 60 clear days.

35. To qualify for a suspension in fees pursuant to Section 34 the owner or occupant of a dwelling shall complete a disconnection application form prescribed in Schedule D and may be required to make a declaration as to the reasons for the request.

36. Any person violating the provisions of this bylaw shall, be subject to the penalties set out in the Town of Lacombe General Penalty Bylaw 12 or any amendments or replacements thereto. Additionally, any such person shall:

1. be responsible for the payment of any expenses incurred by the Town in remedying any condition contrary to the provisions of this Bylaw, such payment to be in addition to and not in substitution for any penalty pursuant to Bylaw 12 or any other fine or penalty levied pursuant to the provisions of this Bylaw;

2. on reasonable notice, have garbage collection, water, and waste water utility services discontinued by the Town until such time as the Town is satisfied that the person has complied with all the provisions of this Bylaw, including the payment of any penalties and expenses.

37. For the purposes of enforcement and compliance with this Bylaw and in conformity with the Municipal Government Act, in those instances where a collector deems a non-compliance with this Bylaw to be an emergency, the collector may enter upon any lands for the purpose of remediation of the said emergency. For purpose of this provision, “emergency” includes any condition which in the reasonable opinion of the collector may give rise to human health concerns.

38. Bylaw 135 is hereby repealed upon this bylaw coming into full force.

 

2. This Bylaw shall take effect on the day of the final passing thereof.