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Bylaw No. 3114-2021

Solid Waste Management Bylaw, 2021

Contents
Part 1 — General
 1 Definitions
 2 Interpretation
 3 Contraventions
Part 2 — How to Dispose of Recyclables, Compostables and Garbage
 4 Disposing of recyclables
 5 Disposing of compostables
 6 Disposing of garbage
Part 3 — Duties of Owners and Occupiers
 7 Accumulation of solid waste on property or public property
 8 Storage and disposal of solid waste
 9 Prevention of wildlife access
Part 4 — Municipal Collection Service
Division 1 — Serviced Properties
 10 Properties receiving the municipal collection service
 11 Properties with more than one single detached dwelling
 12 Properties with a coach house or garden suite
 13 Properties with manufactured homes
Division 2 — Properties Excluded from the Municipal Collection Service
 14 Requirements for excluded properties
 15 Unserviceable properties
 16 Residential strata lots
Division 3 — Collection Days
 17 Scheduling
 18 City not required to collect on a collection day
 19 Collection points
 20 Latching requirements for bear-resistant carts
Division 4 — Supply of Collection Carts to a Serviced Property
 21 Ownership of collection carts
 22 Default collection carts supplied
 23 Bear-resistant carts
 24 Exchanges
 25 Additional compostables cart
 26 Medical condition requiring additional garbage cart
Division 5 — Collection Carts
 27 Authority of general manager
 28 Use of collection carts
 29 Maintenance of collection carts
 30 Storage of collection carts
 31 Lids of collection carts
 32 Tampering with a collection cart
 33 Damaged, lost or stolen collection carts
Division 6 — Depositing Curbside Recyclables, Compostables and Garbage
 34 Filling a collection cart
 35 Origin of curbside recyclables, compostables and garbage
 36 Depositing solid waste into collection cart of another property
 37 Removal of solid waste from a collection cart
 38 Deposit into appropriate collection cart
 39 Curbside recyclables
 40 Compostables
Part 5 — Fees
 41 Fees set out under Fees and Charges Bylaw
 42 Fees for serviced properties
 43 Additional compostables cart fees
 44 Bear-resistant cart fee
 45 Collection facility fee
 46 Cart administration fee
 47 Abbotsford-Mission Recycling Depot fees
 48 Fees for newly constructed properties
 49 Fees payable as property tax
 50 Adjustments
 51 Undercharged fees
 52 Costs of cleaning, repairs and replacements
 53 Recovery of fees and costs as special fees
54-57 Repeal and Related Amendments
Schedule

The Council of the City of Abbotsford, in open meeting assembled, enacts as follows:

Part 1 — General

Definitions

1   In this bylaw:

"Abbotsford-Mission Recycling Depot" means the collection facility located at 33670 Valley Road;

"accessory family residential use" has the same meaning as in the Zoning Bylaw;

"accessory full-time employee residential use" has the same meaning as in the Zoning Bylaw;

"add-a-day system" means the scheduling system in which the day of the week for which a collection day is scheduled advances to the next day of the week that is not a Saturday or a holiday;

"additional compostables cart fee" means a fee payable under section 43 additional compostable cart fees;

"apartment" has the same meaning as in the Zoning Bylaw;

"annual fee" means a fee under section 42 (2), 43, 44 or 45;

"approved plan" has the same meaning as prescribed under the Environmental Management Act;

"automated collection" means the collection of solid waste using a specially designed vehicle with a mechanical apparatus to empty a collection cart directly into the vehicle without requiring manual labour to empty the collection cart;

"bare land strata plan" has the same meaning as in the Strata Property Act;

"basic annual fee" means a fee payable under section 42 (2) fees for serviced properties;

"bear-resistant cart" means a collection cart designed to prevent access by wildlife during storage and accepted as such by the British Columbia Conservation Foundation;

"bear-resistant cart fee" means the fee payable under section 44 bear-resistant cart fee;

"bear-resistant cart area" means the area outlined in the Schedule;

"blue bag" means a blue-tinted, transparent, plastic bag used for containing curbside recyclables;

"cart administration fee" means a fee payable under section 46 cart administration fee;

"coach house" has the same meaning as in the Zoning Bylaw;

"collection cart" means a compostables cart, garbage cart or a recycling cart, having a size of 120 litres, 240 litres, or 360 litres, supplied by the City to a serviced property;

"collection day" means the day scheduled for the curbside collection of curbside recyclables, compostables and garbage from a serviced property in accordance with the schedule determined annually by the City, or as directed by the general manager from time to time;

"collection facility" has the same meaning as prescribed under the Environmental Management Act;

"collection facility fee" means the fee payable under section 45 collection facility fee;

"collection period" means the period of regular municipal collection service as set out in this bylaw;

"collection point" means the location on a serviced property where a collection cart is placed on a collection day;

"collection schedule" means the colour-coded calendars that indicate the days on which the municipal collection service is provided to a particular area of the City and are delivered by mail to serviced properties and made available to the public on the City's website, mobile app or other means;

"commercial recyclables" means curbside recyclables that are collected by a private collection service;

"compostables" means food waste and yard waste;

"compostables cart" means the collection cart with a green body and a green lid that has been supplied by the City to a serviced property for the curbside collection of compostables;

"composting facility" means a facility that processes organic matter to produce compost that is authorized by a permit, approval or operational certificate under the Environmental Management Act;

"contractor" means a person with whom the City has entered into an agreement for the provision of any part of the municipal collection service;

"curbside collection" means the automated collection of curbside recyclables, compostables or garbage from a collection point, individually or collectively, as the context requires;

"curbside recyclables" means the products under an approved plan for the packaging and paper product category in Schedule 5 Packaging and Paper Product Category of the Recycling Regulation;

"depot recyclables" means the products in Schedule 1 Beverage Container Product Category, Schedule 2 Residual Product Categories, Schedule 3 Electronic and Electrical Product Category, Schedule 4 Tire Product Category and Schedule 5 Packaging and Paper Product Category of the Recycling Regulation;

"disposal site" means a site or facility that receives garbage and is approved under a waste management plan under the Environmental Management Act for the management of solid waste;

"duplex" has the same meaning as in the Zoning Bylaw;

"dwelling unit" has the same meaning as in the Zoning Bylaw;

"exchange" means the replacement of a collection cart;

"food waste" means discarded animal and vegetable matter from food and food preparation, including paper products that are food-soiled;

"garbage" means materials that are solid waste and are not any of the following:

(a) curbside recyclables;

(b) depot recyclables;

(c) compostables;

(d) waste from construction or demolition sources;

(e) hazardous waste;

"garbage cart" means the collection cart with a grey body and a grey lid that has been supplied by the City to a serviced property for the curbside collection of garbage;

"general manager" means the general manager responsible for engineering and regional utilities of the City, and includes a person acting under the authority of the general manager;

"gross tare weight" means the total weight of a collection cart, including the materials inside the collection cart;

"hazardous waste" has the same meaning as prescribed under the Environmental Management Act, including material which constitutes a risk to health or safety;

"litter" means to accumulate, spill, drop, dump, dispose of materials, including curbside recyclables, depot recyclables, compostables, garbage and other similar materials on a street, sidewalk, boulevard, park or other public place;

"manufactured home" has the same meaning as in the Zoning Bylaw;

"manufactured home park" means a parcel of land used or occupied by a person to provide spaces for the accommodation of 4 or more manufactured homes and for imposing a charge or rental for the use of the space;

"municipal collection service" means the municipal service for the collection of curbside recyclables, compostables and garbage established under Part 4 Municipal Collection Service;

"old corrugated cardboard" means used cardboard that has a fluted, corrugated medium layer inserted between layers of linerboard;

"packaging" has the same meaning as in the Environmental Management Act;

"paper" has the same meaning as in Schedule 5 Packaging and Paper Product Category of the Recycling Regulation;

"private collection service" means a service for the collection and disposal of curbside recyclables, compostables and garbage that is not operated by the City and includes collection and disposal by the owner or occupier of the property from which the curbside recyclables, compostables or garbage originate;

"product" has the same meaning as prescribed under the Environmental Management Act;

"property" means a property within the jurisdiction of the City;

"recyclables" means curbside recyclables and depot recyclables;

"recycling cart" means the collection cart with a blue body and a blue lid that has been supplied by the City to a serviced property for the curbside collection of curbside recyclables;

"residential strata lot" has the same meaning as in the Strata Property Act, but does not include a duplex;

"rowhouse" has the same meaning as in the Zoning Bylaw;

"serviced property" means a property receiving the municipal collection service;

"single detached dwelling" has the same meaning as in the Zoning Bylaw, but does not include a manufactured home;

"solid waste" means discarded or abandoned materials, substances or objects that originate from residential, commercial, institutional, demolition, land clearing or construction sources, including recyclables, compostables and garbage;

"sorted cardboard" means cardboard that is stacked, bundled or bagged together and not mixed with other curbside recyclables;

"strata corporation" has the same meaning as in the Strata Property Act;

"townhouse" has the same meaning as in the Zoning Bylaw;

"unserviceable property" means a property that would otherwise receive the municipal collection service but contains a dwelling unit that the general manager considers cannot be safely, efficiently or legally serviced from a roadway for one or more of the following reasons:

(a) grade;

(b) road configuration;

(c) physical condition of the public road or lane or other access route, including the narrowness of the road;

(d) conflict with other laws;

(e) public safety;

(f) operational constraints;

(g) presence of an unsafe person, animal, natural hazard or other similar hazard, on or near the property;

"wildlife" means birds and mammals not normally domesticated, including bears, cougars, coyotes, wolves, foxes, raccoons and skunks;

"yard waste" means vegetative matter from a residential source resulting from gardening, horticulture, agriculture or landscaping.

Interpretation

2   The Interpretation Bylaw applies to this bylaw.

Contraventions

3   Every person who contravenes this bylaw by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

Part 2 — How to Dispose of Recyclables, Compostables and Garbage

Disposing of recyclables

4   (1) A person must dispose of depot recyclables at a collection facility.

(2) Curbside recyclables originating from a serviced property must be disposed of

(a) in accordance with Divisions 3 Collection Days and 6 Depositing Curbside Recyclables, Compostables and Garbage of Part 4 Municipal Collection Service, or

(b) at a collection facility.

(3) Curbside recyclables originating at an excluded property must be disposed of

(a) in accordance with section 14 requirements for excluded properties, or

(b) at a collection facility.

Disposing of compostables

5   (1) A person must dispose of compostables at a collection facility.

(2) Compostables originating from a serviced property must be disposed of

(a) in accordance with Divisions 3 Collection Days and 6 Depositing Curbside Recyclables, Compostables and Garbage of Part 4 Municipal Collection Service, or

(b) at a collection facility.

(3) Compostables originating at an excluded property must be disposed of

(a) in accordance with section 14 requirements for excluded properties, or

(b) at a collection facility.

Disposing of garbage

6   (1) A person must dispose of garbage at a collection facility.

(2) Garbage originating from a serviced property must be disposed of

(a) Divisions 3 Collection Days and 6 Depositing Curbside Recyclables, Compostables and Garbage of Part 4 Municipal Collection Service, or

(b) at a collection facility.

(3) Garbage originating at an excluded property must be disposed of

(a) in accordance with section 14 requirements for excluded properties, or

(b) at a collection facility.

Part 3 — Duties of Owners and Occupiers

Accumulation of solid waste on property or public property

7   An owner or occupier of a property must remove from public property any solid waste that originates from the property, including solid waste that overflows from a collection cart or other container used for private collection service, even if the owner or occupier did not cause the solid waste to be on public property.

Storage and disposal of solid waste

8   An owner or occupier of a property must store and dispose of solid waste in accordance with all laws.

Prevention of wildlife access

9   An owner or occupier of a property must store solid waste in a manner that

(a) prevents wildlife from accessing solid waste on the property, and

(b) prevents the attraction of wildlife to the property.

Part 4 — Municipal Collection Service

Division 1 — Serviced Properties

Properties receiving the municipal collection service

10   (1) Subject to section 16 residential strata lots, the City provides the municipal collection service to every property that contains

(a) a single detached dwelling,

(b) a duplex, or

(c) a manufactured home that is permitted as a single detached dwelling in accordance with the Zoning Bylaw.

(2) Despite subsection (1) (c), the municipal collection service is not provided to a manufactured home in a manufactured home park.

Properties with more than one single detached dwelling

11   The City provides additional municipal collection service to a serviced property that contains two single detached dwellings on the property if the owner of the serviced property requests the additional municipal collection service for the other single detached dwelling.

Properties with a coach house or garden suite

12   The City provides additional municipal collection service to a serviced property that contains a coach house or a garden suite if the owner of the serviced property requests the additional municipal collection service for the coach house or the garden suite.

Properties with manufactured homes

13   (1) The City provides additional municipal collection service to a serviced property that contains a manufactured home that is permitted as an accessory family residential use or an accessory full-time employee residential use in accordance with the Zoning Bylaw if the owner of the serviced property requests the additional municipal collection service for the manufactured home.

(2) If the property contains a manufactured home that is permitted as an accessory family residential use and a manufactured home that is permitted as an accessory full-time employee residential use in accordance with the Zoning Bylaw, the owner of the serviced property may request additional municipal collection service for each of the manufactured homes.

Division 2 — Properties Excluded from the Municipal Collection Service

Requirements for excluded properties

14   An owner or occupier of a property for which the City does not provide the municipal collection service must do the following:

(a) arrange for a private collection service for the collection and disposal of curbside recyclables, compostables, garbage and other similar solid waste materials originating from the property, and

(b) ensure that the collection and disposal of curbside recyclables, compostables, garbage and other similar solid waste materials comply with this bylaw.

Unserviceable properties

15   (1) Despite section 10 properties receiving the municipal collection service, if the general manager determines that a property is an unserviceable property, the general manager must exclude the property from the municipal collection service by providing notice to the owner or occupier of the dwelling unit.

(2) If the general manager has determined that a property is an unserviceable property, the owner of the dwelling unit must arrange for a private collection service.

Residential strata lots

16   (1) The City does not provide the municipal collection service to a property that is a residential strata lot in a strata plan, unless the following conditions are met:

(a) the strata corporation associated with the strata plan makes an application in writing to the general manager for the municipal collection service to the residential strata lots in the strata plan;

(b) the general manager approves the provision of the municipal collection service for the residential strata lots in the strata plan.

(2) In considering the application of a strata corporation for the municipal collection service, the general manager must consider whether the municipal collection service could be provided safely, efficiently and in compliance with the law.

(3) The general manager may, from time to time, impose requirements in connection with the municipal collection service for the residential strata lots in a strata plan if, in the opinion of the general manager, the requirements are necessary to ensure that the municipal collection service can be provided safely, efficiently and in compliance with laws.

(4) If the owners of the residential strata lots in a strata plan that receive the municipal collection service wish to discontinue the municipal collection service, the strata corporation associated with the strata plan must notify the general manager in writing at least one month before the owners wish to have the municipal collection service discontinued.

(5) The notice provided under subsection (4) must include the following information:

(a) the date that a private collection service is intended to begin collecting and disposing of curbside recyclables, compostables and garbage that originate from the residential strata lots;

(b) the name of the private collection service provider;

(c) any other information required by the general manager to conclude the municipal collection service to the residential strata lots.

(6) The municipal collection service terminates on the date determined by the general manager.

(7) The date referred to in subsection (6) must be within 60 days after the general manager receives the notice referred to in subsection (4).

(8) The general manager may direct that the owner of a residential strata lot to which the municipal collection service is terminated under this section return a collection cart by

(a) delivering the collection cart to a location and on a date as directed by the general manager, at the cost of the owner of the residential strata lot, or

(b) positioning the collection cart at a location and on a date specified by the general manager for retrieval by the City.

(9) Every collection cart returned to the City in accordance with subsection (7) must be in the same condition, other than reasonable wear and tear, as when delivered to the serviced property .

Division 3 — Collection Days

Scheduling

17   (1) The municipal collection service operates on the following frequency:

(a) every week for the curbside collection of compostables;

(b) alternating weeks for the curbside collection of curbside recyclables and garbage.

(2) The municipal collection service operates in accordance with the collection schedule.

(3) A collection day is scheduled in accordance with the add-a-day system.

(4) The municipal collection service does not operate on a Saturday or a holiday, unless directed by the general manager.

(5) The general manager may change a collection day or the frequency of the municipal collection service due to environmental, emergency or other unforeseeable circumstances if the general manager considers the change is necessary.

City not required to collect on a collection day

18   If an owner or occupier of a serviced property does not comply with the provisions under this Part, the City or a contractor is not required to provide the municipal collection service to the serviced property on a collection day.

Collection points

19   (1) If an owner or occupier of a serviced property wishes to receive curbside collection on a collection day for the serviced property, the owner or occupier must position the particular collection cart, orcollection carts, scheduled for curbside collection at the collection point for the serviced property by 7:00 a.m. on a collection day such that

(a) the front of the collection cart faces the roadway or lane adjacent to the serviced property,

(b) the collection cart is as close as possible to the travelled portion of the roadway or lane adjacent to the serviced property,

(c) a vehicle performing curbside collection would have direct access to the collection cart,

(d) the collection cart does not obstruct the travelled portion of a roadway, lane, sidewalk, footpath or bike lane

(e) there is at least one metre of clearance on each side of the collection cart, and

(f) there is at least 3 metres of clearance above the collection cart.

(2) A collection cart must not be positioned at a collection point before 5:00 a.m. on a collection day.

(3) A collection cart must be moved from a collection point by 8:00 p.m. on a collection day.

(4) The general manager may specify a collection point for a serviced property.

Latching requirements for bear-resistant carts

20   (1) Without limiting section 19 collection points, if an owner or occupier of a serviced property that has been supplied a bear-resistant cart wishes to receive curbside collection on a collection day for the serviced property, the bear-resistant cart must be

(a) unlatched by 7:00 a.m. on a collection day, and

(b) re-latched by 8:00 p.m. on a collection day.

(2) An owner of or occupier of a serviced property that has been supplied a bear-resistant cart must ensure the bear-resistant cart is latched at all times, unless the bear-resistant cart is unlatched in accordance with this bylaw.

Division 4 — Supply of Collection Carts to a Serviced Property

Ownership of collection carts

21   (1) A collection cart supplied by the City in connection with the municipal collection service belongs to the City.

(2) An owner or occupier must return a collection cart to the City if the City requests the return of the collection cart.

Default collection carts supplied

22   (1) The City supplies collection carts to a serviced property as follows:

(a) subject to paragraph (c), for a serviced property that does not contain a registered secondary suite,

(i) one recycling cart that is 240 litres in size,

(ii) one compostables cart that is 240 litres in size, and

(iii) one garbage cart that is 240 litres in size;

(b) subject to paragraph (c), for a serviced property that contains a registered secondary suite,

(i) one recycling cart that is 360 litres in size,

(ii) one compostables cart that is 240 litres in size, and

(iii) one garbage cart that is 240 litres in size;

(c) for a serviced property in the bear-resistant cart area,

(i) one recycling cart that is 240 litres in size and is a bear-resistant cart,

(ii) one compostables cart that is 240 litres in size and is a bear-resistant cart, and

(iii) onegarbage cart that is 240 litres in size and is a bear-resistant cart.

(2) If additional municipal collection service is provided to a serviced property under section 11, 12 or 13, the City supplies the serviced property for each additional municipal collection service provided

(a) one additionalcompostables cart that is 240 litres in size,

(b) one additional recycling cart that is 240 litres in size, and

(c) one additional garbage cart that is 240 litres in size.

Bear-resistant carts

23   (1) The City supplies collection carts that are bear-resistant carts to a serviced property in a bear-resistant cart area.

(2) The City does not supply collection carts that are bear-resistant carts to a serviced property that is not in the bear-resistant cart area, unless the owner submits a written request to the general manager for the bear-resistant carts and the general manager approves the request.

Exchanges

24   (1) On or after July 19, 2021, an owner of a serviced property may request an exchange of one or more collection carts of a different size, other than a bear-resistant cart, once every 12 months.

(2) An owner of a serviced property may request an exchange for a recycling cart of a size in column 2 of Table 1, opposite the size of recycling cart supplied to the property in column 1.

Table 1

Recycling Carts

Item

Column 1

Size of recycling cart supplied to the property

(litres)

Column 2

Size of recycling cart

(litres)

1

120

240 or 360

2

240

120 or 360

3

360

120 or 240

(3) An owner of a serviced property may request an exchange for a compostables cart cart of a size in column 2 of Table 1, opposite the size of compostables cart supplied to the property in column 1.

Table 2

Compostables Carts

Item

Column 1

Size of compostables cart supplied to the property

(litres)

Column 2

Size of compostables cart

(litres)

1

120

240 or 360

2

240

120 or 360

3

360

120 or 240

(4) An owner of a serviced property may request an exchange for a garbage cart of a size in column 2 of Table 3, opposite the size of garbage cart supplied to the property in column 1.

Table 3

Garbage Carts

Item

Column 1

Size of garbage cart supplied to the property

(litres)

Column 2

Size of garbage cart

(litres)

1

120

240 or 360

2

240

120 or 360

3

360

120 or 240

(5) A collection cart that is exchanged must be in the same condition, other than reasonable wear and tear, as when it was supplied to the serviced property.

Additional compostables cart

25   (1) The City supplies an additional compostables cart to a serviced property if the owner of the serviced property requests the additional compostables cart.

(2) Without limiting subsection (1), the owner of a serviced property that receives additional municipal collection service under section 11, 12 or 13 may request an additional compostables cart as follows:

(a) for a serviced property receiving additional municipal collection service under section 11 properties with more than one single detached dwelling, one additional compostables cart for use by the other single detached dwelling;

(b) for a serviced property receiving additional municipal collection service under section 12 properties with a coach house or garden suite, one additional compostables cart for use by the coach house or garden suite;

(c) for a serviced property receiving additional municipal collection service under section 13 (1) properties with manufactured homes, one additional compostables cart for use by the other manufactured home;

(d) for a serviced property receiving additional municipal collection service under section 13 (2) properties with manufactured homes, two additional compostables cart for use by each of the other manufactured homes.

(3) A request for an additional compostables cart made under this section may be for a compostables cart that is

(a) 240 litres in size, or

(b) 360 litres in size, unless the serviced property is in the bear-resistant cart area.

Medical condition requiring additional garbage cart

26   (1) The City supplies an additional garbage cart to a serviced property if the owner of the serviced property requests the additional garbage cart and an occupier of the serviced property has a medical condition that results in a volume or weight of garbage that exceeds the volume or permitted gross tare weight of the garbage cart that the City supplied to the serviced property .

(2) The general manager may require that the owner or occupier provide confirmation from a physician that the occupier has a medical condition that results in a volume or gross tare weight of garbage that would likely exceed the volume or permitted gross tare weight of the garbage cart supplied by the City to the serviced property.

Division 5 — Collection Carts

Authority of general manager

27   The general manager may do the following in respect of a collection cart:

(a) repair, alter, remove or replace the collection cart if, in the opinion of the general manager, the repair, alteration, removal or replacement of the collection cart is necessary to effectively provide the municipal collection service;

(b) inspect the collection cart and the contents of the collection cart at reasonable times or with reasonable notice to the owner or occupier of the property to which the City has supplied the collection cart.

Use of collection carts

28   An owner or occupier of a serviced property

(a) must use a collection cart in accordance with this bylaw, and

(b) must not use, or permit the use of, a collection cart for any purpose other than the municipal collection service.

Maintenance of collection carts

29   An owner or occupier of a serviced property must do all of the following in respect of a collection cart:

(a) maintain the collection cart in a clean and sanitary condition;

(b) ensure that the collection cart does not overflow;

(c) clean up spillage from the collection cart;

(d) prevent liquid from entering or accumulating in the collection cart;

(e) keep the collection cart free from liquid.

Storage of collection carts

30   A collection cart must be stored on the property to which the City has supplied the collection cart.

Lids of collection carts

31   (1) The lid of a collection cart must be closed at all times, unless the lid is opened for the purpose of depositing solid waste or complying with this bylaw.

(2) The lid of a collection cart must not be restricted by any means, including by using a bungee cord, chain, rocks, bricks, boxes or other similar objects.

Tampering with a collection cart

32   (1) A person must not tamper with, adjust, modify or alter a collection cart.

(2) Despite subsection (1), a person may indicate on the collection cart the address of the serviced property in the white box designated for indicating the address of the serviced property .

Damaged, lost or stolen collection carts

33   The owner or occupier of the property to which a collection cart is supplied must notify the City if a collection cart is damaged, lost or stolen.

Division 6 — Depositing Curbside Recyclables, Compostables and Garbage

Filling a collection cart

34   A person must not fill a collection cart in a manner such that

(a) the lid of the collection cart does not close completely by only the weight of the lid,

(b) the collection cart cannot be easily emptied, or

(c) the gross tare weight of the collection cart is more than

(i) 50 kg for a collection cart that is 120 litres in size,

(ii) 110 kg for a collection cart that is 240 litres in size, including a collection cart that is a bear-resistant cart, and

(iii) 165 kg for a collection cart that is 360 litres in size.

Origin of curbside recyclables, compostables and garbage

35   An owner or occupier of a serviced property must not deposit curbside recyclables, compostables or garbage that do not originate from the serviced property into a collection cart.

Depositing solid waste into collection cart of another property

36   A person must not deposit curbside recyclables, compostables or garbage originating from a property into a collection cart that has been supplied to another property.

Removal of solid waste from a collection cart

37   A person must not remove any material from a collection cart, unless the person is the owner or occupier of the property to which the collection cart has been supplied.

Deposit into appropriate collection cart

38   A person must deposit curbside recyclables, compostables and garbage into the appropriate collection cart supplied to the serviced property.

Curbside recyclables

39   An owner or occupier of a serviced property must ensure that curbside recyclables

(a) are clean, empty and dry when deposited into a recycling cart,

(b) are loose in a recycling cart, and

(c) are not bagged or bundled using string, tape or other similar means when deposited into a recycling cart.

Compostables

40   (1) An owner or occupier of a serviced property must ensure that food scraps that are deposited into a compostables cart are

(a) in loose form,

(b) in a bag made of paper fibre, or

(c) wrapped in newspaper or a paper towel.

(2) An owner or occupier of a serviced property must ensure that yard waste that is deposited into a compostables cart

(a) is loose in a compostables cart, and

(b) is not bagged or bundled using string, tape or other similar means when deposited into a compostables cart.

Part 5 — Fees

Fees set out under Fees and Charges Bylaw

41   The fees payable under this bylaw are set out under Schedule "L" Solid Waste Management of the Fees and Charges Bylaw.

Fees for serviced properties

42   (1) To provide for the municipal collection service, a basic annual fee is payable by an owner of a serviced property, whether or not the owner or an occupier of the serviced property makes use of the municipal collection service or the municipal collection service is

(a) interrupted,

(b) altered, or

(c) not provided due to non-compliance with this bylaw.

(2) If a serviced property receives additional municipal collection service under section 11, 12 or 13, a basic annual fee is payable by the owner for each additional municipal collection service provided to the serviced property.

Additional compostables cart fees

43   If a serviced property has been supplied an additional compostables cart under section 25 additional compostables cart, an additional compostables cart fee is payable annually by the owner of the serviced property.

Bear-resistant cart fee

44   If a serviced property has been supplied collection carts that are bear-resistant carts, a bear-resistant cart fee is payable annually by the owner of the serviced property for each collection cart supplied to the serviced property.

Collection facility fee

45   (1) To provide for a collection facility for the City, a collection facility fee is payable by an owner of

(a) a residential strata lot that is not a serviced property,

(b) an unserviceable property,

(c) a manufactured home park,

(d) an apartment,

(e) a rowhouse, and

(f) a townhouse.

(2) The collection facility fee is payable for

(a) each manufactured home in a manufactured home park, and

(b) each dwelling unit in an apartment, rowhouse and townhouse.

Cart administration fee

46   To provide for the administration of the municipal collection service, a cart administration fee is payable by every owner who has requested service in respect of a collection cart.

Abbotsford-Mission Recycling Depot fees

47   A fee is payable for the disposal of commercial recyclables at the Abbotsford-Mission Recycling Depot.

Fees for newly constructed properties

48   (1) Annual fees for a serviced property that is newly constructed are prorated by the day based on the date the collection carts are delivered to the serviced property.

(2) If the collection carts are delivered on different days, the date referred to in subsection (1) is the date of delivery of the last collection cart to be delivered to the serviced property other than an additional compostables cart requested in accordance with section 25 additional compostables cart.

Fees payable as property tax

49   An annual fee imposed by this bylaw is effective on May 1 of the year, unless otherwise provided.

Adjustments

50   (1) Subject to subsection (2),

(a) if the municipal collection service to a property begins after May 1, the annual fee that applies to the property is prorated by the day based on the date that the municipal collection service to the property begins, and

(b) if the municipal collection service to a property is discontinued, the annual fee is prorated by the day based on the date of the termination of the municipal collection service to the serviced property.

(2) The following annual fees are not prorated for a year:

(a) a bear-resistant cart fee;

(b) a collection facility fee.

(3) If an owner has paid an annual fee in error, the owner may request a refund of the payment within 2 years of the error.

(4) Interest is not owed to an owner if the owner receives a refund of a fee payment under subsection (3).

Undercharged fees

51   (1) An owner is liable to pay a fee that was owed to the City, but not charged by the City, within a period of two years.

(2) The owner may enter into an agreement with the City to pay an undercharged fee owing under subsection (1) in instalment payments.

(3) The maximum number of instalment payments referred to in subsection (2) must be equal to or less than the number of months that the undercharged fee was owing.

(4) Interest is not owed by an owner if the owner is liable to pay a fee in accordance with this section.

Costs of cleaning, repairs and replacements

52   (1) The following costs incurred by the City in respect of a collection cart are payable by the owner of the property to which the collection cart was supplied:

(a) costs for cleaning a collection cart;

(b) costs for repairing or replacing a collection cart, unless, in the opinion of the general manager, the collection cart was not wilfully damaged, destroyed or disposed of.

(2) The cost that applies to the cleaning, repair or replacement of a collection cart is the actual cost incurred by the City.

Recovery of fees and costs as special fees

53   If the City does work or provides services in relation to land or improvements, the City may recover the fees and costs incurred by the City in accordance with Division 14 Recovery of Special Fees of Part 7 Municipal Revenue of the Community Charter.

Repeal and Related Amendments

Repeal

54  The Solid Waste Collection Bylaw, 2013 is repealed.

Fees and Charges Bylaw, 2006

55  The Fees and Charges Bylaw is amended by repealing Schedule "L" Solid Waste Collection and the following substituted:

Schedule "L"

Solid Waste Management

Definitions

1   The words and expressions used in this Schedule have the same meaning as in the Solid Waste Management Bylaw.

Basic annual fees

2   For the purpose of section 42 fees for serviced properties of the Solid Waste Management Bylaw,

(a) the basic annual fee for the year 2021 is set out in column 4 of Table 1, opposite the applicable sizes of collection carts supplied to the serviced property in columns 1 to 3, and

(b) the basic annual fee effective as of the year 2022 is set out in column 5 of Table 1, opposite the applicable sizes of collection carts supplied to the serviced property in columns 1 to 3.

Table 1 - Basic Annual Fees

Column 1

Recycling Cart Size

(litres)

Column 2

Compostables Cart Size

(litres)

Column 3

Garbage Cart Size

(litres)

Column 4

Basic Annual Fee for 2021

($)

Column 5

Basic Annual Fee Effective

as of 2022

($)

120, 240 or 360

120 or 240

120

230

260

   

240

245

275

   

360

300

330

 

360

120

250

280

   

240

265

295

   

360

320

350

Additional compostables cart fees

3   For the purpose of section 43 additional compostable carts fees of the Solid Waste Management Bylaw, the additional compostables cart fee is set out in Column 2 of Table 2, opposite the applicable size of the additional compostables cart supplied to the serviced property.

Table 2 - Additional Compostables Cart Fee

Column 1

Compostables Cart Size

(litres)

Column 2

Fee

($)

240

135

360

185

Bear-resistant cart fee

4   For the purpose of section 44 bear-resistant cart fee of the Solid Waste Management Bylaw, the bear-resistant cart fee is $5 per collection cart.

Collection facility fee

5   For the purpose of section 45 collection facility fee of the Solid Waste Management Bylaw, the collection facility fee is $5 per dwelling unit.

Cart administration fee

6   For the purpose of section 46 cart administration fee of the Solid Waste Management Bylaw, the cart administration fee is $0 per visit.

Abbotsford-Mission Recycling Depot fees

7   (1) For the purpose of section 47 Abbotsford-Mission Recycling Depot fees of the Solid Waste Management Bylaw, the fees payable by a person for the disposal of commercial recyclables at the Abbotsford-Mission Recycling Depot are as follows:

(a) for loads of commercial recyclables with more than 50% old corrugated cardboard by volume, $95/tonne;

(b) for loads of commercial recyclables with 50% old corrugated cardboard by volume, or less, $160/tonne.

(2) The fees under subsection (1) do not apply to the following:

(a) loads of more than 10 blue bags filled with curbside recyclables;

(b) loads of sorted cardboard.

Bylaw Enforcement Bylaw, 2020

56  Section 7 of the Bylaw Enforcement Bylaw is amended by

(a)striking "Section 5 collection procedures of the Solid Waste Collection Bylaw, 2013" and substituting "sections 20 latching requirements for bear-resistant carts, 21 ownership of collection carts, 35 origin of curbside recyclables, compostables and garbage and 38 deposit into appropriate cart of the Solid Waste Management Bylaw",

(b)striking "Section 12 storage of garbage, curbside recyclables, recyclables and compostable waste of the Solid Waste Collection Bylaw, 2013" and substituting "sections 7 accumulation of solid waste on property or public property, 9 prevention of wildlife access and 10 properties receiving the municipal collection service of the Solid Waste Management Bylaw", and

(c)striking "Section 13 condition of containers of the Solid Waste Collection Bylaw, 2013" and substituting "sections 8 storage and disposal of solid waste, 30 storage of collection carts, 31 lids of collection carts and 32 tampering with a collection cart of the Solid Waste Management Bylaw".

Commencement

57  This bylaw comes into force on April 19, 2021.

READ A FIRST TIME on March 8, 2021 READ A SECOND TIME on March 8, 2021 READ A THIRD TIME on March 8, 2021 ADOPTED on March 29, 2021

Schedule

Bear-resistant Cart Area