Bylaws Part 16: Refuse Bylaw 2008

1.0

SHORT TITLE AND COMMENCEMENT

The title of this bylaw is the Hastings District Council Refuse Bylaw 2008, being Part 16 of the Hastings District Council Bylaws.

This bylaw comes into force on 19 June 2008 and the Refuse Bylaw being Part 16 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.

2.0

SCOPE

This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.

The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.

3.0

DEFINITIONS

APARTMENT BUILDING means a building in which accommodation is provided for 3 or more families living independently of one another, with or without a common right to the use of cooking or laundry facilities, sanitary conveniences, entrances, passages, stairways, or open spaces; and where necessary includes a portion of such a building or a combination of 2 or more such buildings or parts thereof; but does not include any building comprising wholly or principally owner-occupier flats or any single storey building comprising wholly or principally apartments each of which is completely self contained and has its own separate outside entrance.

COMMERCIAL REFUSE means any scrap or waste material resulting from the carrying on of any business, manufacture, process, trade, market, or other undertakings.

COUNCIL means the Hastings District Council or a duly authorised officer of the Council.

DRIVER means, in relation to any motor vehicle, any person who uses or drives the motor vehicle on any road, or causes or permits it to be on any road or to be driven on any road, whether or not the person is present with the motor vehicle and includes any person apparently in charge of the motor vehicle.

GARDEN WASTE means any organic matter from a garden or yard.

HOUSEHOLD RECYCLING means any glass bottles, jars, plastic bottles (grades 1 and 2), paper and cardboard, tin aluminium cans and any other material as determined by Council and the awarded contractor.

HOUSEHOLD REFUSE means wrapped cold ashes, sweepings, dust, paper, bottles, wrapped bone and waste food, cans, cartons, or other food containers, or any other refuse arising or resulting from domestic house-keeping operations, including garden waste.

HAZARDOUS WASTE means, unless expressly provided otherwise by regulations prepared under the Hazardous Substances and New Organisms Act 1996, any substance:

a) With one or more of the following intrinsic properties:

i) Explosiveness
ii) Flammability
iii) A capacity to oxidize
iv) Corrosiveness
v) Toxicity (including chronic toxicity)
vi) Ecotoxicity, with or without bioaccumulation, or,

b) Which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any one or more of the properties specified in paragraph (a) of this definition.

INORGANIC WASTE means any inorganic material that is too large to be placed out in a rubbish bag or wheelie bin for collection, and includes any items such as:

• Furniture (chairs, couches, tables, cabinets)
• carpets
• Kitchenware and whiteware
• Electronic appliances  
• Garden appliances (lawnmowers, hedgers, line trimmers)
• Building waste (bricks, concrete, timber, pipes, scrap metal)

LOAD means and includes anything capable of being carried or towed by a motor vehicle that is intended to be deposited within the refuse transfer station, Omarunui Landfill, or any other collection points nominated by Council.

MEDICAL WASTE means any solid waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, excluding hazardous waste, and any infectious agents such as human pathological wastes, human blood and blood products, used or unused sharps (syringes, needles, and blades), certain animal waste, and certain isolation waste.

RECEPTACLE means the official user-pays refuse bag or any suitable container or bin provided on agreement between the householder and a waste operator for collection of household refuse.

4.0

HOUSEHOLD REFUSE

4.1

No person shall be permitted to accumulate household refuse unless contained within a Council approved receptacle, or as otherwise may be approved by a duly appointed officer.

4.2

Council may by publicly notified resolution specify the type and number of refuse receptacles permitted for collection purposes.

4.3

Each receptacle shall be suitably stored to protect the interior of the receptacle from rain or ingress or egress of flies or any vermin, save when the receptacle is being actually used for the placing of matter therein or being emptied, cleansed, or repaired.

4.4

Every such occupier with refuse collection access shall, no earlier than the evening prior to the collection day, and not later than the time specified for removal of refuse, cause the said receptacle or receptacles to be securely sealed and placed in such situation as may be required by duly authorised officer of Council under the provisions of the refuse collecting contract.

4.5

In every apartment building where no approved alterative method of refuse disposal is in operation the owner or occupier of such building shall provide or cause to be provided for each apartment an approved refuse receptacle.  Every such owner or occupier shall ensure that no accumulation or collection of refuse except as is provided in this Bylaw, is permitted or suffered to remain or be in, upon, or about such apartment building.

4.6

Council may by publicly notified resolution specify certain materials as prohibited for deposit in refuse receptacles and no person shall cause or permit such materials to be deposited in any receptacles.

4.7

No person shall in any way obstruct or hinder any person for the time being employed by or operating under the sanction of the Council for the removal of household refuse that has been accumulated on the property and which poses risk to person, property or environment.

5.0

RECYCLABLE MATERIALS

5.1

Council may, by Council resolution, grant a person or persons the right to collect recyclable materials within the district.

5.2

No person, other than those authorised under clause 5.1 shall remove any recyclable materials deposited for collection.

6.0

COMMERCIAL REFUSE

6.1

Unless a prior agreement in writing has been entered into, no commercial refuse will be removed or disposed of by the Council.

6.2

Refuse other than commercial refuse will be collected from business premises provided such refuse shall be in approved receptacles  complying with Clause 4.1 and falls within Councils refuse contract boundaries.  The occupier shall, before the time specified, place the said receptacle or container in such a situation as may be required by the Council or its duly authorised officer.

6.3

Where the Council agrees to accept commercial refuse for disposal, then such refuse shall be taken to the place appointed and at the time specified by the Council and disposed of at such charge as the Council shall determine by resolution from time to time.  No person shall take to any place of disposal material of any kind, such as hazardous waste as highlighted in the Omarunui landfill procedures manual prohibited list, which has been prohibited by the Council.

6.4

Every person shall dispose of or cause to be disposed any commercial refuse in an approved manner or by written agreement under clause 6.1, such that no nuisance is created or likely to be created and that any hazardous or medical waste is handled by an approved contractor.

6.5

No person carrying on any business, manufacturing, or other undertaking shall cause, permit, or suffer any undue accumulation of commercial refuse to remain or be in, upon, or about the premises occupied by him.  Any perishable or putrescible refuse shall be removed daily, except where stored in an approved manner.

6.6

Where Council considers any such accumulation of commercial refuse  exists on such premises as is or is likely to be injurious to health, or offensive, or to harbour vermin, or is likely to create a fire hazard, any such person who, after the service of a notice in writing calling upon them to remove and dispose of such trade refuse within a time specified in such notice, shall neglect or refuse within a time specified in such notice, shall neglect or refuse to comply with such notice, commits an offence against this Part of this Bylaw.

6.7

If such person shall fail to comply with the said notice, the Council may remove the refuse and charge the full cost of removal to such person.

7.0

TRANSFER STATIONS AND LANDFILLS

7.1

This Part of the Bylaw applies to all residents in the Hastings District and shall apply to all refuse transfer stations and landfills under the control of the Council.

7.2

The Council may by resolution publicly notified specify the type of materials acceptable for deposit at any transfer station and no person shall deposit any prohibited material at any transfer station.

7.3

No person shall use any transfer station or enter upon any portion of it except for the purpose of disposing and leaving refuse, household refuse, garden waste, household recycling and materials for which an outlet exists.

7.4

All refuse, household refuse, garden waste, and household recycling  deposited and left at any transfer station by any person shall be deemed then and there to have been abandoned by such person who shall from that time onwards have no rights of ownership but such abandonment shall not relieve such person from liability for damage flowing in any way from such action nor from the penalties provided for offences against this Bylaw.

7.5

All persons entering the transfer station and landfill for the purposes of refuse disposal shall abide by or comply with the designated requirements and pay any fees or charges. Such fees and charges as prescribed in Councils fees and charges schedule may from time to time be amended or added to by resolution of the Council.

7.6

Unless authorised by a duly authorised officer of Council in writing, no person shall take or remove from any transfer station any refuse, articles or things deposited and left by any person.

7.7

Every person using the refuse disposal area or entering upon any portion of it shall comply in all respects with any direction or instructions given verbally by any authorised officer from time to time controlling or supervising the said area, or appearing in any signs erected at the area for that purpose, and any such direction or instructions may include a requirement for the person dumping material to sort the same in separate classes (for example but not to be taken as exclusive: household recycling, ferrous metal, non ferrous metal, and used engine oils), for recycling.

7.8

The Hastings District Council may from time to time by resolution publicly notified prescribe the period or periods during which the refuse disposal area shall be open for use by the public and no person shall use the said area during any other hours.

7.9

Every person committing any breach of the provisions of this Bylaw shall upon request by a duly authorised officer of Council immediately leave any transfer station or landfill taking with him or her such material provision brought there by such persons as the officer considers to be of a kind the deposit thererof which is prohibited under Clause 4.2 but such person shall nevertheless also be liable to be prosecuted for such breach; and any person failing with all reasonable speed to comply with such request commits a further offence.

7.10

It shall be an offence against this Bylaw for any person, firm or corporation in any transfer station to:

(a) Light any fire
(b) Cause any fire to be lit
(c) Spread or increase any fire already alight
(d) Dump any combustible material
(e) Dump any material deemed prohibited as per the Omarunui landfill procedure manual prohibited list.