Bylaw No. 2213-2013
Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2242-2013 , 2303-2013 , 2349-2014 , 2390-2015 , 2446-2015 , 2502-2015 , 2578-2016 , 2685-2017 , 2685-2017 and 3020-2020 . Last amended March 9, 2020
|3 Extent of Collection Service|
|4 Frequency of Collection Service|
|5 Collection procedures|
|6 Collection charges|
|7 Items not accepted by Collection Service|
|8 Restrictions on removal of Recyclables|
|9 Required recycling programs|
|10 Required composting program|
|11 Recyling fees|
|12 Storage of Garbage, Curbside Recyclables, Recyclables and Compostable Waste|
|13 Condition of containers|
|14 Delivery of Solid Waste to receiving site|
|15 Solid Waste reporting|
|16 Administration and inspection|
|17 Offence and penalties|
The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
(2) Unless otherwise defined in this Bylaw, words or phrases used herein must be interpreted consistently with the Community Charter, Local Government Act, Environmental Management Act and Interpretation Act of British Columbia, as the context requires. Any reference to a statute, regulation, or bylaw refers to that enactment as amended or replaced from time to time.
(3) Words in the singular include the plural and gender specific terms include both genders. Headings are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw.
(c) Multi-Unit Residential Complexes, and any other residential use, where the Collection Service is requested of the City and, in the opinion of the General Manager, it is feasible to provide the Service in a safe and efficient manner using Collection Service vehicles; and
(d) business premises whose waste, in the opinion of the General Manager, is limited in content and amount to that which is characteristic of residential Garbage, Curbside Recyclables, and Compostable Waste, and the businesses are capable of being readily accessed and served in a safe and efficient manner using Collection Service vehicles on a regular basis.
(2) Despite paragraph (a) , the Collection Service will not be provided where, in the opinion of the General Manager, personnel using Collection Service vehicles cannot readily access or serve a property in a safe and efficient manner; or otherwise for any of the following reasons:
(b) the road, lane or other access route used to access the property is not a City or Province-owned road; and there is no agreement between the City and the Owner for access by the Collection Service; or
(c) access to property has been restricted by the use of a security gate, and the Owner has not consented to entry for the Collection Service by arrangement acceptable to the City and mutually agreed to in writing.
(3) An Owner or Occupier of real property and premises that does not receive the Collection Service must arrange for collection, removal and disposal of Garbage, Commercial Container Recyclables and Compostable Waste in accordance with this Bylaw, through a contractor appropriately licensed to provide such services.
(3) In circumstances where adverse weather or road conditions, construction activity, strikes or labour shortages, or other unusual conditions would, in the opinion of the General Manager, render ordinary Collection Service not feasible or practical on the day or days set out in the Collection Schedule, the General Manager may direct alternate arrangements until it is again feasible and practical to provide the Collection Service according to the ordinary schedule.
(5) The Collection Service is carried out in accordance with the Collection Schedule, as amended, revised or replaced from time to time. The Collection Schedule is available at City Hall, the City's Engineering Operations Yard, and on the City's website.
5 Every Owner or Occupier of real property or premises served by the Collection Service must ensure that Garbage, Curbside Recyclables and Compostable Waste placed for curbside collection are prepared in the following manner:
(i) in a Reusable Curbside Container with a watertight cover and two Graspable Handles, having a maximum capacity of not more than 80 litres (18 gallons) and a gross weight of not more than 23 kilograms (50 pounds); or
(ii) in a standard size plastic Garbage bag (not a Blue Bag) of at least 2 millimeters thickness, having a maximum capacity of not more than 80 litres (18 gallons) and a gross weight of not more than 23 kilograms (50 pounds).
(i) Curbside Recyclables must be placed in one or more Blue Bags, the size not being more than 66 cm x 92 cm, with each Blue Bag holding no more than 23 kilograms (50 pounds) gross weight of materials.
(c) Except as set out in Paragraphs (i) and (ii) , Compostable Waste must be placed in a Reusable Curbside Container with a watertight cover and two Graspable Handles, no larger than 80 litres (18 gallons) in capacity; and no more than 23 kilograms (50 pounds) in weight, that is specifically designed for curbside waste collection, and to which a sticker obtained from the City is affixed, identifying the container as containing Compostable Waste.
(ii) Branches may be tied in bundles, the size of each bundle being not more than 1.0 metre (39 inches) in length, 0.6 metres (24 inches) in diameter, and 12 kilograms (25 pounds) in weight; and fastened with a compostable string or twine, such as jute or cotton.
(iii) Every Owner or Occupier of real property or premises served by the Collection Service will be limited to ten (10) Compostable Waste containers, including galvanized metal or plastic containers, Kraft paper bags, and bundles, as outlined above, per collection day.
(iv) Despite Paragraphs (a) and (c) , for properties within an area shown outlined on Schedule "D", or that is designated by the General Manager as an area frequented by bears or cougars, the City may provide the Owner of the property with a bear-resistant container; in which case, B/L 2685-2017
(d) Between the hours of 5:00 a.m. and 7:00 a.m on the day designated on the Collection Schedule, or otherwise as directed by the Manager for Collection Service, an Owner or Occupier of property receiving the Collection Service must place any and all Garbage, Curbside Recyclables and Compostable Waste in full view and within 1.0 metre (39 inches) of the curbside or civic access serving the property.
6 (1) Every Owner or Occupier of real property or premises served by the Collection Service must pay, with respect to each dwelling unit or separate business premises, as applicable, the fees set out in the City's Fees and Charges Bylaw, 2006.
(a) pay an additional fee, in the amount prescribed in the City's Fees and Charges Bylaw, 2006, for each additional Garbage Container or bag; and
(7) Any collection fees or charges that remain unpaid after December 31st in the year imposed may be collected in the same manner as for unpaid property taxes and will be subject to the same penalties.
(8) If the City is unable to provide Collection Service to a residential property where it would normally be provided, pursuant to the Collection Schedule or a direction of the General Manager, the City will apply a credit to the residential tax account, as set out in the City's Fees and Charges Bylaw, 2006, for that property.
(i) wood dust, vacuumed items, and other materials that, on being disturbed or released, produce dust or other fine particulates, unless double bagged, with each bag securely tied and of good integrity;
before being placed in a Garbage Container for pickup by the Collection Service; and for that purpose, each dwelling is limited to one bag, containing a maximum of 5 litres of Cat Litter, for each pickup;
(w) any item that is banned for acceptance at Transfer Stations under the Tipping Fee and Solid Waste Disposal Regulation Bylaw of the Greater Vancouver Regional District (Metro Vancouver) as amended or replaced from time to time.
9 Multi-Unit Residential Complex
(A) a storage area for all Commercial Container Recyclables must be located alongside the regular containers used for Garbage collection by the provider of that service, except where the Commercial Container Recyclables can be collected in a location that is more convenient for the residents;
(B) every storage area for Commercial Container Recyclables must be of a sufficient size to accommodate at least 125 litres of Recyclables per dwelling unit, per week (approximately 0.45 m x 0.45 m x 0.6 m per unit); and
(A) a storage area for all collection containers for Commercial Container Recyclables must be provided on the property and located alongside the regular containers used for Garbage collection by the provider of that service, except where the Commercial Container Recyclables can be collected in a location that is more convenient for the property users;
(c) Every Owner or Occupier who must implement a recycling program pursuant to this Section and every recycling service provider must ensure that all Commercial Container Recyclables collected are delivered to, and deposited at, a Recycling Depot in accordance with this Bylaw.
10 Multi-Unit Residential Complex
(A) a storage area for all Compostable Waste, must be located on the property, preferably located alongside the regular containers used for Garbage collection by the provider of that service, except where Compostable Waste can be collected in a location that is more convenient for the residents;
(C) the collection of Compostable Waste and its delivery to a Compost Facility, must be carried out at least once every 2 weeks, or as needed, to ensure there are no issues with odours, leachate, litter or animals.
(ii) in the case where solid waste is disposed of in a customer area, the owner or operator must implement and follow a program for the regular collection of Compostable Waste generated from the kitchen area, with the option to include the customer area;
(A) provide a storage area for all collection containers for Compostable Waste, on the property, preferably located alongside the regular containers used for Garbage collection by the provider of that service, except where the Compostable Waste can be collected in a location that is more convenient for the property users;
(C) the collection of Compostable Waste and delivery to a Compost Facility must be carried out at least once every two weeks, or as needed, to ensure there are no issues with odours, leachate, litter or animals.
(c) Should the Owner or Occupier of an Industrial, Commercial, or Institutional Property be unable to comply with the provisions as set out in section (b), due to space or other limitations, the Owner or Occupier must submit a proposed alternate method for managing Compostable Waste for approval to the General Manager.
B/L 2446-2015, 3020-2020
11 Every Owner of a unit within a Multi-Unit Residential Complex must pay a Recycling Depot fee, as set out in the City's Fees and Charges Bylaw, 2006.
12 (1) Every Owner or Occupier of real property or premises must ensure that any and all Garbage, Curbside Recyclables, Recyclables and Compostable Waste, while remaining on the property or premises, is stored in a safe, sanitary and inoffensive manner.
(2) Without limiting the generality of paragraph (a) , every Owner or Occupier must ensure that any and all Garbage and Compostable Waste generated on the real property or premises is stored in such a manner as to avoid attracting wild and domestic animals.
(3) Where no Collection Service is provided for a real property or premises, the Owner or Occupier must cause all Garbage, Curbside Recyclables, Recyclables and Compostable Waste generated or stored on the property to be removed from the property or premises at least once, every two weeks, and delivered:
(a) in the case of Garbage, other than the items listed in Section 7 , to a Transfer Station;
(4) A person having possession, control of, or responsibility for any of the items listed in Section 7 must ensure that such items are stored safely and in a manner authorized by law; and must ensure that any such items are disposed of at a facility authorized by the City or Fraser Valley Regional District to accept such items.
13 (1) Every Owner or Occupier of real property or premises within the City must keep all containers for Garbage, Curbside Recyclables, Recyclables, and Compostable Waste, in good condition, and must repair or replace any container which becomes damaged, unsafe or dangerous to a person who handles them.
14 Every Owner and any person must:
(a) only dispose of Solid Waste, to a facility authorized by the City or Regional District Solid Waste management plan, approved under the Environmental Management Act, as amended or replaced from time to time, to receive the Solid Waste.
15 The Owner or operator of a Transfer Station or Recycling Depot, located within the City, must provide the General Manager with the following information by March 31st of each year for the previous calendar year:
The reported tonnages must be based on the measured amounts if available. If measured tonnages are not available, the tonnages may be approximated.
(2) Without limiting paragraph (a) , the General Manager may negotiate, enter, and execute agreements on behalf of the City for access and entry to private or government properties for the purpose of providing the Collection Service. B/L 2242-2014
(3) The General Manager, or a person designated as a Bylaw Enforcement Officer under the Municipal Ticket Information Bylaw, 2007, may enter onto any property, in accordance with Section 16 of the Community Charter, S.B.C. Chapter 26, to inspect and determine whether this Bylaw is complied with; and may take measures to obtain compliance.
17 Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:
(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;
(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;
is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and
(2) A person, other than the City or its agents and authorized contractors, must not operate a service for collecting Garbage, Curbside Recyclables or Compostable Waste from the properties identified in Section 3 (a) .
19 Bylaw No. 1971-2010, cited as "Garbage, Recyclables and Yard Waste Collection Bylaw, 2010", and any and all amendments are hereby repealed.
B/L 2242-2013, 2502-2015, 3020-2020
In this Bylaw, unless the context otherwise requires:
"Blue Bag" means a blue-tinted, plastic transparent bag to be supplied by the Owner or Occupant for the containment, placement and collection of Curbside Recyclables.
"Cat Litter" means loose, granular or similar material that is used to collect the urine and feces of domestic cats.
"City" means the City of Abbotsford.
"Collection Schedule" means a colour-coded and letter-coded set of calendars indicating the days on which the Collection Service is provided to the areas of the City that receive the Collection Service under this Bylaw.
"Collection Service" means the service provided by or on behalf of the City pursuant to this Bylaw for collecting Garbage, Curbside Recyclables and Compostable Waste, in relation to properties described in Section 3 (a) .
"Commercial Container Recyclables" means items identified in Schedule "C" that are collected in containers provided by private recycling services. B/L 2685-2017
"Compost Facility" means a processing facility that receives and processes Compostable Waste, and which is authorized under a regional district solid waste management plan, approved under the Environmental Management Act to receive Compostable Waste; or is utilized in farming operations in compliance with the Agricultural Land Commission, provincial agricultural enactments, provincial and federal environmental enactments, and municipal enactments. B/L 2446-2015
"Compostable Waste" means Yard Waste and Food Waste.
"Curbside Recyclables" means the items identified in "Schedule C" that are collected by the City as part of the Collection Service. B/L 2685-2017
"Food Waste" includes fruits, vegetables, meat, fish, bones, dairy products, eggs, egg shells, pasta, rice, flour, bread, coffee grounds, coffee filters, fats, oils, lards, jams, jellies, condiments, and food-contaminated paper included paper napkins, tissues, paper packaging and paper take-out containers.
"Garbage" means discarded, abandoned or rejected items and materials and household waste.
"Garbage Container" means a Reusable Curbside Container, or a plastic bag, that is specifically designed for curbside Garbage collection and that meets the criteria of Section 5 .
"Garbage Transfer Station or Disposal Site" means a Solid Waste management facility authorized under a regional district solid waste management plan, approved under theEnvironmental Management Act, to receive Garbage. B/L 2446-2015
"General Manager" means the General Manager of Engineering and Regional Utilities for the City or designate.
"Graspable Handles" means D-shaped handles attached to a Reusable Curbside Container (in addition to any mere bump or ridge provided in its design as a handle) that can support it being lifted, carried and emptied when full; either of which handle can be grasped with one hand; and for a Container over 50 litres in capacity, two handles capable of being grasped for such handling.
"Hazardous Waste" means dangerous or highly offensive wastes, including, without limitation, all substances within the definition of "hazardous waste" in the Hazardous Waste Regulation, B.C. Regulation 464/2004, under the Environmental Management Act, as amended or replaced from time to time.
"Industrial, Commercial, or Institutional Property" means any land, building or structure which is used for a industrial, commercial or institutional purpose, as set out in the Zoning Bylaw, 2014, and from which Garbage is regularly collected.
"Multi-Unit Residential Complex" means any building containing three or more separate dwelling units or any of the following as defined in the Abbotsford Zoning Bylaw, 1996, as amended or replaced from time to time:
(a) mobile home located in a mobile home park;
(b) a residential use apartment;
(c) a residential use, street townhouse;
(d) a residential use, townhouse; or
(e) a single family home located within a strata land development.
"Occupier" has the same meaning as defined in the Community Charter.
"Owner" has the same meaning as defined in the Community Charter, and in relation to strata property includes a strata corporation.
"Privately-Owned and Operated Depot" means a recycling drop-off depot approved to accept any item defined as a product in the Recycling Regulation, B.C. Regulation 449/2004, under the Environmental Management Act, RSBC 1996. B/L 2685-2017
"Recyclables" means any used items, materials and substances that are accepted for recycling at the Recycling Depot.
"Recycling Depot" means a recycling facility authorized under a regional district solid waste management plan, approved under the Environmental Management Act, to receive Recyclables; and includes the Abbotsford Mission Recycling Depot at 33670 Valley Road, Abbotsford, British Columbia. B/L 2446-2015
"Residential Use, One Unit" means a single residential building on a lot, other than a strata lot.
"Residential Use, Two Units" means a residential building, other than a building composed of strata lots, that is designed for or occupied as two dwelling units side by side sharing a common wall above ground.
"Reusable Curbside Container" means a receptacle made of galvanized iron or plastic, that is specifically designed for curbside waste collection and that meets the criteria of Section 5 .
"Solid Waste" means Garbage, Curbside Recyclables, Recyclables, Compostable Waste and Hazardous Waste.
"Sorted Cardboard" means stacked, bundled, or bagged cardboard, which is not mixed with any other Curbside Recyclables.
"Yard Waste" includes household plants, cut flowers, grass clippings, leaves, tree trimmings, plant remains and stumps or branches less than 15 centimetres (6 inches) in diameter and less than 1 metre (39 inches) long, but does not include lumber, rocks, soil, or sod.
Curbside Collection Areas
Curbside & Commercial Container Recyclables
The materials listed in this Schedule are accepted in the Curbside Recycling Collection Service and are required to be accepted in the Commercial Container Recyclables collection for Multi-Unit Residential Complexes and for industrial, commercial and institutional facilities:
(a) Printed paper
(b) Corrugated cardboard
(c) Paper packaging
(d) Paper cartons and cups
(e) Plastic containers
(f) Metal packaging
(g) Other items determined by the General Manager.
All recyclable materials must be clean and reasonably dry.
Bear-resistant Container Areas