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Bahamas Statutory Instruments |
MINISTRY OF HEALTH |
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S.I. No. 22 of 2004 |
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ENVIRONMENTAL HEALTH SERVICES ACT |
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(Chapter 232) |
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ENVIRONMENTAL HEALTH SERVICES (COLLECTION |
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AND DISPOSAL OF WASTE) REGULATIONS, 2004 |
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The Minister in exercise of the powers conferred upon him by section 17 of the Environmental Health Services Act, makes the following regulations - |
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1.
These Regulations may be cited
as the Environmental Health Services (Collection and Disposal of
Waste) Regulations, 2004 and shall
come into operation on such date
as the Minister may appoint by notice published in the Gazette, and
different dates may be so appointed
for different provisions.
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Citation and commencement. |
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2.
In these regulations -
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Interpretation. |
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"Act" means the Environmental Health Services Act; |
Ch. 232. |
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"ashes" means the residue and cinders from any substances used for fuel and from incineration of waste; |
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"bulky waste" means furniture, large household appliances, discarded auto parts or such other large discarded material that cannot be placed in domestic waste receptacles; |
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"collector" means any person who is the holder of a valid certificate of approval issued by the Director for the collection and transportation of waste; |
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"collection day" means the day, or days designated by the Director on which waste is regularly collected from specific premises; |
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"commercial or institutional establishment" means any room or building other than a single family residential development or multiple family residential development, in or at which people work, congregate, attend or are housed or accommodated, and includes, but is not limited to barracks, common lodging houses, factories, hospitals, hotels, restaurants, places of worship, schools, stores. shops and supermarkets; |
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"commercial waste" means ashes, garbage, refuse, rubbish and yard waste generated from the operation of a multiple family residential development, commercial or institutional establishment if the total amount of waste is greater than 12 cubic feet per regularly scheduled pick-up, and is properly placed in domestic waste receptacles or containerized storage bins, but does not include bulky waste, construction and demolition waste, abandoned vehicles or abandoned appliances, medical waste, special waste, or street waste; |
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"construction and demolition wastes" means waste such as wood, pipes, concrete, brick, masonry, asphaltic materials, metals, and other materials from the construction, renovation, repairs and demolition of any buildings or other works; |
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"containerized storage bin" means any waste storage receptacle which is of such a size that it requires mechanized collection; |
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"Department" means the Department of Environmental Health Services; |
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"Director" means the Director of the Department of Environmental Health Services; |
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"abandoned vehicle" or "abandoned domestic appliance" means a vehicle or appliance or part thereof, as the case may be, that by reason of its condition, has been or appears to have been abandoned; |
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"domestic waste" means ashes, garbage, refuse, rubbish, and yard waste generated from the operation of any single family residential development, multiple family residential development, commercial or institutional establishment, if the total amount of waste is less than 12 cubic feet per regularly scheduled pick up, and is properly placed in a domestic waste receptacle, but does not include bulky waste, construction and demolition waste, abandoned vehicles or abandoned appliances, medical waste, special waste or street waste; |
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"domestic waste receptacle" means |
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(1)
one or more rust-free containers
with a water tight cover, and having the following specifications
-
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(a)
between 16 inches and 17 inches
in diameter at the top, and tapered to a lesser diameter at the
bottom;
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(b)
between 20 inches and 30 inches
high; and
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(c)
having a capacity between 3
cubic feet and 5 cubic feet; or
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(2)
a plastic bag having the
following specifications -
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(a)
securely tied at the top when
ready for collection;
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(b)
being no more than 30 inches in
height;
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(c)
no more that 18 inches in width;
and
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(d)
capable of holding no more than
70 pounds of contents when lifted;
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(3)
dry cardboard boxes, wooden boxes
or other containers that can be placed out for pick up, less than
70 pounds in weight and can be
taken away by the collector;
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"garbage" includes animal or vegetable waste or other matter that results from the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, bird, fruit or vegetable, including cans, containers or wrappers that are wasted along with such material; |
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"industrial waste" for the purposes of these regulations means the discarded material and waste products of any industry, trade or manufacturer, and include but is not limited to food processing wastes, lumber scraps, metal scraps, and shavings, and does not include medical waste or special waste: |
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"medical waste" means waste generated by clinics, medical facilities, veterinary clinics or any other facilities from the provision of medical diagnosis or treatment: |
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"Minister" means the Minster responsible for the Department of Environmental Health Services; |
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"multiple family residential development" means public or private developments which are either occupied or intended to he occupied by more than two families living independently of one another upon the same premises and may either; |
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(a)
licensed boarding houses,
lodging houses and rooming houses, terraces of dwellings and any
other type of premises where more than
two families reside;
or
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(b)
hotels, motels and other type of
premises where the occupants normally sojourn for limited
periods;
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"person" means any person, firm, partnership, association, corporation, company or organization of any kind; |
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"premises" means any land, and includes water courses and drains; |
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"road" includes any thoroughfare, street, trail, avenue, parkway, lane, alley, square, bridge, causeway, or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles; |
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"refuse" means all material subject to putrefaction resulting from the handling, preparation, cooking, consumption and storage of food, along with the following materials: broken dishes, tins, glass, rags, discarded clothing, waste paper, excelsior, cardboard, sawdust, food containers, conch shells, and plastic: |
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"rubbish" includes house sweepings. wood. leaves, trimmings from shrubs, sawdust, paper, cardboard, grass, rags, old shoes, and all other combustible material: |
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"single family residential development" means any public or private development which is either occupied or intended to he occupied by single families, but does not include multiple family residential development; |
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"special waste" means waste that requires special or extraordinary management to maximize the protection of human health and the environment, including, but not limited to hazardous waste, sewage sludge, auto hulks, tires, aerosol containers animal blood, grease trap pumping and skimming, lead acid batteries, septage, imported waste, used lubrication oil and medical waste; |
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"street waste" means any street sweepings, dirt, leaves, contents of litter, receptacles, bird excreta and any other discarded matter which rest on public roads and public premises; |
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"waste" means any substance which constitutes a scrap material or other unwanted surplus substance arising from an application or process, and any substance or article which is required to be disposed of as being broken, worn out, contaminated or otherwise spoiled; |
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"waste management facility" means a facility designed, constructed and operated for the collection, processing, transferring, disposal or recycling of waste stream or the components thereof, including hazardous waste disposal sites, transfer stations, composing facilities, recycling facilities, commercial incinerators and any other facilities utilized for the disposal or re-use of waste; |
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"yard waste" means all organic waste generated from public and privately owned yards, gardens, and grounds and highways including, grass, leaves, tree prunings, shrub prunings, nuts fruit, seed pods and other miscellaneous plant material. |
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3.(1)
The Department may, at the
public expense, provide a waste collection service for the
collection and disposal of certain types of
waste or may designate
persons or agencies authorized to collect waste, and shall by
notice published in the Gazette designate the
types of waste for
the collection and disposal of which service is available.
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Provision of waste collection service |
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(2)
The Department may enter into
agreement with the responsible authorities in the Family Islands
for the provision of collection service
for waste.
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(3)
The Department shall, by
notice published in the Gazette make known the towns, districts or
areas for which a waste collection service
is provided and such
notice shall specify the days and hours during which such
collection will be carried out, and any alteration
in the
collection shall be notified in like manner.
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PART 2 |
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GENERAL COLLECTION OF WASTE |
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4.
All domestic waste shall be
collected at least once per week, or at such frequency as provided
by the Director.
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Domestic Waste. |
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5.(1)
All commercial waste shall be
collected at least once per week, or at such frequency as provided
by the Director.
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Commercial Waste. |
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(2)
At the discretion of the
Director, commercial waste which is not collected by the
Department, shall be collected at the owner's expense,
from the
premises upon which it accumulates by a collector, in accordance
with these regulations.
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6.
When commercial and domestic
waste is placed out for collection, yard waste shall be separated
from all other waste in accordance
with these regulations.
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Separation of Waste |
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7.
The owner or occupier of the
premises from which domestic waste is collected shall place all
domestic waste for collection in domestic
waste receptacles.
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Domestic waste receptacle. |
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8.(1)
The owner or operator of any
commercial or institutional establishment, or industry, shall place
domestic and commercial waste for
collection in -
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Commercial waste containers. |
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(a)
the manner provided for in
regulation 6 and 7;
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(b)
a containerized storage bin,
constructed for the purpose of waste containment;
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(2)
All domestic waste receptacles
and containerized storage bins must be fitted with covers which can
be closed. The covers must be suitable
to prevent waste from
spilling or blowing from receptacles or bins.
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(3)
No person shall use, or permit
to be used, domestic waste receptacles or containerized storage
bins for waste disposal purposes from
which any waste can spill or
blow when waste is being dumped or stored in the receptacles or
bins, or emptied therefrom.
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9.
Public or private multi-family
residential developments and single family residential developments
will receive domestic or commercial
waste collection service at the
discretion of the Director provided that domestic waste receptacles
or containerized storage bins
are used and are located at an
accessible pick-up location, as specified in these
regulations.
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Residential developments. |
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10.
The owner of any waste who
fails to immediately pick up any waste which is spilled from his
domestic waste receptacles or containerized
storage bins commits an
offence under these regulations.
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Failure to pick up spilled waste. |
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11.
For ease and efficiency of
collection, all persons shall place waste only in domestic waste
receptacles or containerized storage bins,
and place the
receptacles or bin as close as practical to a road, without
obstructing pedestrian or vehicular traffic, for pick up
by a
collector.
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Location of waste. |
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12.
A domestic waste receptacle or
containerized storage bin shall have sufficient strength and
rigidity to withstand the wear and tear
to which it may be
subjected under normal collection procedures.
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Container required |
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13.
A collector is not required to
collect domestic and commercial waste from -
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Waste not collectable. |
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(a)
any waste receptacle which, with
the weight of its content, exceed 70 pounds:
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(b)
any waste receptacle which due to
the compaction of waste, accessibility, or any other reason cannot
he emptied by the collectors
in a normal "free-flowing" manner:
or
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(c)
any waste receptacle which is not
suitable for holding such waste.
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14.
A person shall not put out or
cause or permit to be put out domestic or commercial waste for
collection unless;
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Prohibited methods of disposal. |
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(a)
clippings from shrubs and trees
are compactly and securely tied in bundles not exceeding 4 feet in
length or 70 pound in weight, and
placed beside the waste
receptacles;
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(b)
any waste containing any liquid
is thoroughly drained and wrapped in paper before being put into
waste receptacles for collection;
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(c)
rags and discarded clothing are
tied securely in bundles and placed within or beside waste
receptacles for removal;
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(d)
waste paper, newsprint, and
cardboard is securely tied in bundles and placed within or beside
waste receptacles for removal:
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(e)
ashes are cooled and put into
sealed disposable containers;
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(f)
sawdust is put into sealed
disposable containers;
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(g)
animal feces are placed in a
securely tied double plastic hag before being put into a waste
receptacle.
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15.
A person shall not place,
permit to he placed, or mix with any material for removal as
domestic or commercial waste -
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Improper methods of disposing. |
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(a)
any highly combustible or
explosive waste, including, but without limiting the generality
thereof, such materials as powder, dynamite,
motion picture film,
hot ashes, or toxic materials;
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(b)
hypodermic needles unless
packaged so they can be handled in safety;
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(c)
luminescent gas filled tubes,
unless such tubes are encased in a container of sufficient size and
strength to protect such tubes from
breakage and allow safe
handling;
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(d)
sharp objects or broken glass
unless packaged to allow safe handling;
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(e)
bulky waste, construction and
demolition waste, medical waste, and industrial waste, except as
required or directed by the Director.
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16.
A person shall not fill or
permit to be filled, any domestic waste receptacle or containerized
storage bin to a greater height than
2 inches below the top of such
receptacle or containerized storage bin, or compact the waste in
the receptacles or bins such a manner
that the waste cannot be
removed from the receptacle or bin in free flowing manner by the
collectors.
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Filled receptacles and bins. |
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17.(1)
All bulky waste shall be
removed from all premises upon which it accumulates at such
frequency, and in such manner as may be specified
by the
Director.
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Bulky waste. |
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(2)
At the discretion of the
Director, bulky waste shall be removed at the owner's expense by a
collector, from the premises upon which
it accumulates, in
accordance with these regulations.
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18.
Every owner, agent, building
contractor or sub-contractor engaged in the construction, repair or
demolition of any building or structure
or path thereof shall, at
their expense, remove and dispose of all construction and
demolition wastes deposited on any public or
private road or
premises, as provided by the Director.
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Construction and demolition waste. |
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19.(1)
All industrial waste shall be
removed from all premises upon which it accumulates at such
frequency, and in such manner as may be
specified by the Director.
All industrial wastes must he sampled, tested and characterized by
the generator for hazardous quantities.
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Industrial waste. |
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(2)
At the discretion of the
Director, industrial waste shall be removed at the owner's expense
by a collector, from the premises upon
which it accumulates, in
accordance with these regulations.
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20.
No person shall dispose of
special waste except as specified by the Director.
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Special waste. |
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21.(1)
All street waste shall be
removed from all premises upon which it accumulates at such
frequency, and in such manner as may be provided
by the
Director.
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Street waste. |
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(2)
At the discretion of the
Director, street waste shall be removed at the owner's expense by a
collector, from the premises upon which
it accumulates, in
accordance with these regulations.
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22.
No person shall collect or
dispose of any waste as defined herein except under the provision
of these regulations.
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Prohibition on collection and disposal of any waste. |
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PART 3 |
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DUTY OF COLLECTORS |
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23.
Collectors shall exercise
reasonable care not to damage or misuse any domestic waste
receptacle or containerized storage bin.
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Damaging receptacle. |
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24.
Collectors shall replace
emptied waste receptacles, the lids and containerized storage bins
in approximately the same location where
picked up.
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Replacement of receptacles. |
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25.
Collectors shall pick up waste
which has spilled on the ground from the waste receptacle, the
containerized storage bin, or the collection
vehicle while in the
process of collection.
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Method of collection. |
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26.
A person employed in the
collection of waste shall not pick, sort over, or remove any waste
from the collection vehicle, the owner's
premises, or the sanitary
waste management facility, except as directed by the
Director.
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Duty of Employees. |
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27.
A person, other than a
collector of waste or the person who placed waste in a domestic
waste receptacle or containerized storage bin,
shall not interfere
with or disturb the contents of any domestic waste receptacle or
containerized storage bin after it has been
placed for
collection.
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Interference with waste receptacle. |
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PART 4 |
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TIME OF COLLECTION |
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28.
The Director or licensed
collection services shall schedule the collection of domestic
waste, commercial waste, and bulky waste.
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Licensed collection services. |
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29.
The Director or licensed
collection services shall ensure that all residents and other
persons are notified of the collection and
any changes made
thereto.
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Notification of collection. |
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30.
The collection day is the day
designated by the Director or licensed collection services on which
domestic and commercial waste are
regularly collected from specific
premises in accordance with the following -
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Collection day. |
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(a)
domestic and commercial waste
shall be at the pick-up location by 6:00 o'clock on the morning of
the collection day or during any
other time designated by the
Director or licensed collection services; and
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(b)
if a holiday occurs on the
collection day, collection will be made on either the preceding day
or the next day at the discretion of
the Director or licensed
collection service.
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PART 5 |
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LOCATION OF RECEPTACLES |
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31.
A person shall not place or
keep or permit to be placed any domestic waste receptacles or
containerized storage bins upon any road
or sidewalk and domestic
waste receptacles may be placed for collection in a location, on
any private premises if such location does
not interfere with
vehicular or pedestrian traffic and the location allows for the
efficient collection of waste.
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Location of Receptacles. |
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32.
In cases where no road exists
at the rear of any building or premises, or where other special
conditions exist such as unimproved
lanes, steep grades, any
requirement for collection vehicles to back up or any condition
which makes the collection impractical or
hazardous, then the
owner, tenant or occupant of any single family residential
development, multiple family residential development,
institutional
or commercial establishment, or industry shall maintain a storage
and pick-up location for domestic waste receptacles
in accordance
with the following provisions -
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Placement where there is no road at the rear. |
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(a)
the storage location shall be
between the wall of the building, which is closet to the road, and
the property line;
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(b)
the pick-up location serving a
building shall not be further from the road than the property line
of the dwelling, and as close to
the property line and pick-up
location as possible to allow for the efficient collection of
waste;
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(c)
domestic waste receptacles shall
be placed for collection on the day preceding the collection
day;
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(d)
domestic waste receptacles must
be returned to their storage location within 12 hours of being
emptied.
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33.
Where there is a retaining
wall, steep slope or other obstruction between the location from
which the domestic waste receptacles are
stored and where the
domestic waste receptacles are located for pick-up, the domestic
waste receptacles shall be placed at a convenient
height and
location to allow for the efficient collection of waste by the
collector.
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Location of receptacles. |
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34.
A person. being the owner,
occupant, tenant or person in charge of any property or premises
shall maintain or ensure that the storage
locations of the domestic
waste receptacles on the property are maintained in a clean, tidy
and orderly condition.
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Maintenance of storage location. |
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35.
Collection shall not be made
from inside any building except when, in the sole judgment of the
Director or the licensed collection
service, that it is impractical
to place the domestic waste receptacles outside the building to
await collection.
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Collection in buildings. |
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36.
All collectors of waste may
enter private yards and premises of any person at all reasonable
times for the purpose of carrying out
their duties.
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Entry on premises. |
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37.
Any person, being the owner,
occupant, tenant or person in charge of any property or premises
who puts out waste for collection shall
provide unobstructed and
convenient access for collection of such waste.
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Access for collection. |
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38.
A person shall not use or
permit to be used any vehicle for the conveyance or storage of
waste unless such vehicle is fitted with
a suitable cover capable
of preventing the dropping, spilling or blowing off of waste while
it is being transported.
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Transportation of waste. |
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PART 6 |
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PRIVATE COLLECTION CONTRACTS |
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39.
The Department may enter into
a contract or contracts with any person for the provision of
private waste collection services.
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Collection Contracts. |
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PART 7 |
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CERTIFICATES OF APPROVAL |
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40.
All applicants for a
certificate of approval to operate a collection service shall
complete an application including -
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Applications to operate collection services. |
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(a)
the applicant's name;
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(b)
the applicant's address;
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(c)
the applicant's telephone
number;
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(d)
the applicant's business license
number;
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(e)
the applicant's methods of
operation;
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(f)
a description of any vehicle to
be used for the transportation of waste, including:
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(i)
vehicle make, year, model, type
and serial number;
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(ii)
vehicle license number;
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(g)
the types of waste that will be
collected and transported, including -
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(i)
domestic waste;
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(ii)
commercial waste;
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(iii)
bulky waste;
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(iv)
construction and demolition
waste;
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(v)
industrial waste;
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(vi)
medical waste;
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(vii)
special waste;
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(viii)
street waste; and
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(ix)
abandoned vehicles or abandoned
domestic appliances;
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(x)
a description of the cover,
fastening mechanism and any other equipment that will be used to
cover waste being transported to prevent
the droppings. spilling or
blowing off waste during transport;
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(xi)
the type of collection schedule,
if any, that may be implemented and methods of notifying customers
of the schedule and any changes
made to it;
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(xii)
payment of an application fee in
the amount of one hundred dollars per vehicle listed in the
application;
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(xiii)
a signed statement that the
collection service will operate in accordance with the provisions
of these regulations and any other regulations,
directives or
by-laws, including, but not limited to those issued by the Director
with regard to the collection and transportation
of waste.
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41.
A fee of five hundred dollars
for every vehicle listed in the certificate of approval shall be
paid by the applicant before a certificate
of approval is issued by
the Director.
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Fees. |
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42.(1)
An applicant for a certificate
of approval to construct or operate a waste management facility
shall provide the Director with written
notice of intent to make an
application for a certificate of approval and an application fee in
the amount of five hundred dollars.
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Fee application to construct waste management facility. |
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(2)
Within 30 days of receiving a
written notice of intent to make an application for a certificate
of approval, the Director shall prescribe
the information required
in the application.
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(3)
The Director may consider the
following when prescribing the information required in an
application to construct a waste management
facility?
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(a)
the necessity for an
environmental impact assessment;
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(b)
soil characteristics;
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(c)
water table and underground water
location and uses;
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(d)
dust control;
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(e)
land use of the proposed site and
adjacent areas;
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(i)
topography;
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(ii)
geology;
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(iii)
noise control;
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(f)
pollution control system;
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(g)
operational requirements;
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(h)
site reclamation and
restoration;
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(h)
reports and recommendations made
by consultants or experts; and
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(j)
regulations, standards and
guidelines implemented in other jurisdictions;
|
|||||||||||
(4)
The Director may consider the
following when prescribing the information required in an
application to operate a waste management
facility -
|
|||||||||||
(a)
type of facility;
|
|||||||||||
(b)
operational plans;
|
|||||||||||
(c)
pollution control systems;
|
|||||||||||
(d)
land use of the proposed site and
adjacent areas;
|
|||||||||||
(e)
site reclamation and
restoration;
|
|||||||||||
(f)
reports and recommendations made
by consultants or experts; and
|
|||||||||||
(g)
regulations, standards and
guidelines implemented in order jurisdictions.
|
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PART 8 |
|||||||||||
WASTE MANAGEMENT FACILITIES |
|||||||||||
43.
A person shall not deposit
waste at any waste management facility site unless the following
conditions are met -
|
Waste management facilities. |
||||||||||
(a)
the waste is deposited in
accordance with the directions of the waste management facility or
attendant and in accordance with the
appropriate signs at the
sites;
|
|||||||||||
(b)
all waste is deposited in a
manner which will minimize scattering by the wind.
|
|||||||||||
44.
No person shall enter a waste
management facility for the purpose of salvaging, picking over,
scattering, searching or burning any
material without the
permission of the Director.
|
Entry to waste management facility. |
||||||||||
45.
The Director shall specify
conditions and times of disposal for waste at a waste management
facility, and may deny the disposal of
any wastes which the
Director, in his sole discretion, deems to be unsuitable for
disposal at a waste management facility.
|
Conditions regarding disposal of waste. |
||||||||||
46.
No person shall dispose of
special waste at any waste management facility without a
certificate of approval, and in accordance with
regulations which
specifically address the disposal of special waste.
|
Prohibited acts. |
||||||||||
47.
The following conditions shall
apply to industrial waste -
|
Conditions regarding industrial waste. |
||||||||||
(a)
all generators and carriers of
industrial waste shall correctly complete any manifest required by
the Director and all instructions
associated with the use of a
manifest shall be strictly obeyed;
|
|||||||||||
(b)
the generator of industrial waste
that requires special handling or is a hazard or potential hazard
to health, safety or the environment
shall, in writing, satisfy the
Director that the waste can be safely handled and disposed
of;
|
|||||||||||
(c)
no industrial waste shall be
accepted at a waste management facility when its contents are
unknown or the disposal procedure is in
doubt;
|
|||||||||||
(d)
generators and carriers of
industrial waste shall cooperate with the Director in taking
samples of the waste.
|
|||||||||||
48.
A person in breach of these
regulations may be denied entry to any waste management
facility.
|
Entry may be denied. |
||||||||||
49.(1)
Waste brought to the waste
management facility may be subject to a disposal charge as
prescribed by the Director in the Schedule to
these
Regulations.
|
Fee based on weight. |
||||||||||
(2)
When the weigh scales are
inoperative, charges shall be applied on an estimated weight
basis.
|
|||||||||||
PART 9 |
|||||||||||
GENERAL |
|||||||||||
50.
The Director may, at his sole
discretion, provide suitable waste receptacles for the deposit of
waste.
|
Provision of disposal for waste. |
||||||||||
51.(1)
The owner, occupier or person
in charge of a multiple family development or commercial or
institutional establishment shall -
|
Premises to be kept free of waste. |
||||||||||
(a)
at all times keep his premises in
all respects clean and free from waste and other offensive matter
and shall collect or cause to
be collected all waste and place it
in domestic waste receptacles;
|
|||||||||||
(c)
provide for the storage of waste
receptacles in one or more storage shelters, or open enclosures,
capable of storing the domestic
waste receptacles on the
premises;
|
|||||||||||
(d)
in towns, districts or areas in
the Family Islands where a waste collection service is provided
-
|
|||||||||||
(i)
provide a place for removal of
its content any domestic waste receptacle provided under paragraph
(b) as near to the adjoining road
as is reasonably possible,
or
|
|||||||||||
(ii)
deposit all waste in domestic
waste receptacles provided for the collection thereof on such days
and at such times as the Director
may specify.
|
|||||||||||
(2)
Storage enclosures provided
for the purposes of paragraph (1) (b) must he -
|
|||||||||||
(a)
provided with suitable doors or
covers if it is a storage shed;
|
|||||||||||
(b)
kept covered or have the doors
closed when waste is stored inside if it is a storage;
|
|||||||||||
(c)
constructed to prevent animals
from getting into the domestic waste receptacles; and
|
|||||||||||
(d)
kept in good repair.
|
|||||||||||
52.
Where the owner, occupier or
person in charge of a single family residential development,
multiple family residential development,
commercial or
institutional establishment, or industry, fails or refuses to
deposit waste in accordance with these regulations the
Department
shall cause such waste to be removed from the premises of the
owner, occupier or person in charge and any expenses incurred
may
be recovered from such person as a civil debt due to the
Department.
|
Removal of waste by department. |
||||||||||
53.(1)
The owner, occupier or person
in charge of a single family residential development, multiple
family residential development, commercial
or institutional
establishment, or industry may, with the approval of the Director,
make his own arrangements for the disposal of
waste.
|
Private deposit of waste. |
||||||||||
(2)
The owner, occupier or persons
in charge of a single family residential development, multiple
family residential development, commercial
or institutional
establishment, or industry that is situated in any town, district
or area in which no waste collection service is
provided shall at
least once in every week dispose of waste from his premises in a
manner approved by the Director.
|
|||||||||||
54.
The Director may, on
application being made for the purpose of incinerating waste,
approve the installation and operation of incinerators
of such type
and size, and of such terms and conditions as the Director may
specify.
|
Installation of incinerators. |
||||||||||
55.(1)
An owner or occupier of any
premises shall, at his own expense, remove any abandoned vehicle or
abandoned domestic appliance if ordered
to do so by the
Director.
|
Removal of abandoned vehicles, etc. |
||||||||||
(2)
No person shall, except with
the written approval of the Director place or cause to be placed in
any road or premises any abandoned
vehicle or abandoned domestic
appliance.
|
|||||||||||
(3)
No owner or occupier of
premises shall permit to remain on such premises any abandoned
vehicle or abandoned domestic appliance.
|
|||||||||||
56.(1)
No person shall, except with
the permission of the Director:
|
Prohibitions respecting waste. |
||||||||||
(a)
disturb, remove or carry away any
waste placed in any domestic waste receptacle;
|
|||||||||||
(b)
remove any waste from a waste
management facility.
|
|||||||||||
(2)
No person shall, by any means,
hinder or obstruct any person lawfully engaged in cleaning or
removing waste in any public place.
|
|||||||||||
(3)
No person shall place, deposit
or cause or permit to be placed or deposit any waste on any road,
or other public premises, or on or
about any private
premises.
|
|||||||||||
57.(1)
No person employed to drive a
vehicle engaged in a waste collection and disposal service shall
sell or give away or permit to be sold
or given away any waste
without the permission of the Director.
|
Prohibition against sale, etc. of waste. |
||||||||||
(2)
No person shall place or
deposit or cause to be placed or deposited any waste in any place
other than at a waste management facility
approved by the
Director.
|
|||||||||||
(3)
No person shall take or
receive any waste from a vehicle engaged in a waste collection and
disposal service or induce any person,
by any means, to deal with
any waste otherwise than prescribed by these regulations.
|
|||||||||||
58.
No person shall deposit or
place or cause to be deposited or placed any aerosol containers in
or with any waste that is intended or
is likely to be burned. but
shall dispose such waste in a manner determined or approved by the
Director.
|
Disposal of certain types of waste. |
||||||||||
59.(1)
No person, except a person
employed by the Department and approved by the Director, shall
cause any fire to be lit in any waste receptacle
provided by the
Director or at any waste management facility.
|
Prohibition against the lighting of fire, etc. |
||||||||||
(2)
No person shall -
|
|||||||||||
(a)
burn waste at any place or in any
manner that is likely to create a health hazard or a nuisance;
or
|
|||||||||||
(b)
burn any material that is likely
to cause excessive smoke or produce a noxious odour or to discharge
any toxic substances which on
combustion are likely to affect the
occupants of any premises, except under conditions approved by the
Director.
|
|||||||||||
60.(1)
No waste shall be transported
along any road unless -
|
Transportation of waste. |
||||||||||
(a)
the vehicle is so constructed or
loaded in such a manner that no waste can fall from such
vehicle;
|
|||||||||||
(b)
the vehicle is protected by a
closed-in top or canvas cover;
|
|||||||||||
(c)
the waste is placed in containers
and kept tightly closed while being transported; and
|
|||||||||||
(d)
the vehicle is fitted with
suitable watertight floor and sides capable of preventing any
liquid drainage from the waste material and
the vehicle while it is
being transported.
|
|||||||||||
(2)
When waste and any liquid
drainage from the waste material falls from a vehicle in the course
of being transported, the driver of
that vehicle shall cause the
waste that has fallen to be removed immediately from the public or
private road.
|
|||||||||||
61(1) Without prejudice to any proceeding, these regulations or any other law, where any person deposits or causes to be deposited any waste, abandoned vehicle or abandoned domestic appliance on any public or private premises or other place, the Director may serve or cause to be served on that person or on the owner of the premises a notice requiring him, within the time specified in the notice, to remove and dispose of the waste, abandoned vehicle or abandoned domestic appliance in such manner as the Director specifies in the notice. |
Service of notice to remove waste, etc. |
||||||||||
(2)
Where a person on whom a
notice under paragraph (1) is served fails to comply with the
notice, the Director may -
|
|||||||||||
(a)
authorize any person in writing
to enter the premises or other place to remove the waste, abandoned
vehicle or abandoned domestic
appliance; and
|
|||||||||||
(b)
recover, as a civil debt from the
person on whom the notice is served, any expenses reasonably
incurred.
|
|||||||||||
(3)
Where the person on whom a
notice under paragraph (1) may be served is unknown or cannot be
found, the Director may, without serving
notice, cause the waste,
abandoned vehicle or abandoned domestic appliance to be removed and
sold or disposed of in any manner the
Director deems fit.
|
|||||||||||
(4)
Where the Director disposes of
any abandoned vehicle or abandoned domestic appliance that is
removed under paragraph (2) or (3) by
way of sale, the proceeds of
that sale shall be paid into the Consolidated Fund.
|
|||||||||||
62.
No person shall place,
deposit, or cause or permit to he placed or deposited, any waste
(including food or drink packaging, tissues
or paper generated by a
residence or business) on any pavement, street, road, lane,
roadside, path, beach, gully, and any other public
places or on
about the premises of another person.
|
Littering Prohibited. |
||||||||||
63.
Waste shall only be deposited
at a waste management facility licensed for that purpose in
accordance with the Act.
|
Illegal dumping. |
||||||||||
64.
A person who contravenes any
provision of these regulations commits an offence and is liable on
summary conviction to a fine not exceeding
five thousand dollars or
imprisonment for a period not exceeding twelve months.
|
Offence and penalty. |
||||||||||
SCHEDULE |
|||||||||||
WASTE DISPOSAL CHARGES FOR WASTE |
|||||||||||
BROUGHT TO A WASTE MANAGEMENT FACILITY |
|||||||||||
A waste disposal fee will be assessed and shall be paid by all private collectors for each load of waste in excess of 300 pounds at the following rates : |
|||||||||||
|
|||||||||||
Made this 31st day of March, 2004. |
|||||||||||
Signed |
|||||||||||
OBEDIAH H. WILCHOMBE |
|||||||||||
Minister responsible for Environmental Health Services |
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URL: http://www.commonlii.org/bs/legis/num_reg/ehsadowr2004691