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Part 17 Solid Waste

The purpose of this part of the bylaw is to ensure that refuse is collected and disposed of in the interests of public health in an efficient and cost effective manner and ensuring at the same time that any obstruction of the streets is kept to a minimum. General issues relating to recycling, ownership of the waste stream, refuse storage and waste management are also covered. This part of the bylaw is made pursuant to Section 542 of the Local Government Act 1974.

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

HOUSEHOLD REFUSE means cold ashes, sweepings, dust, paper, bottles, bones and waste food, cans, cartons, or other food containers, or any other refuse arising or resulting from domestic housekeeping operations.

OFFICIAL CONTAINER means any mobile bin, plastic bag or multi-wall paper bag or other container from time to time approved by the council and collected by or on behalf of the council.

RECYCLABLES means items which are so designated from time to time by the council and which are collected or accepted at any refuse disposal site by or on behalf of the council for recycling or reuse.

REFUSE CONTAINER in relation to household refuse means any household refuse container approved by the council from time to time, and all references to refuse containers in this part of the bylaw shall, where the context permits, include official containers.

REFUSE DISPOSAL SITE means any landfill, transfer station or other land or facility operated by or for the council for the disposal or temporary storage of refuse or any specified refuse.

SPECIAL WASTES means any wastes whether from a trade premise or any other source which is hazardous, toxic or by its nature requires special disposal because of environmental considerations or landfill operational requirements.

SUPERVISOR means any person for the time being appointed to control or manage or assist in the control or management of any refuse disposal site and shall include any representative of any contractor contracted by the council to operate or manage any refuse disposal site.

TRADE REFUSE means any scrap or waste material resulting from the carrying on of any business manufacture, process, trade, market, or other undertaking.
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2.0 Household refuse
2.1 Every owner or occupier of any premises shall ensure that no accumulation or collection of refuse, except as is herein provided, is permitted or suffered to remain or be in, on, or about such premises or any portion thereof.

2.2 Every occupier of a dwelling or any portion thereof separately occupied, except as is provided in clause

2.3 of this part of the bylaw, shall provide an approved refuse container or containers for the depositing of household domestic refuse, and in the case of non-disposable containers shall keep the same as clean as practicable and maintain the same in good repair to the satisfaction of an Authorised Officer.

2.4 Every owner of an apartment building or other group of residential units may, in lieu of providing individual refuse containers for each apartment or unit, provide, maintain and keep clean communal facilities for depositing household refuse and make arrangements for the regular disposal of the refuse from such facilities subject to the approval of an Authorised Officer.

2.5 Every refuse container shall be kept closed or covered at all times for the protection of the interior of the container and its contents from rain, flies or vermin except when the container is being used for depositing refuse, emptied, cleansed or repaired.

2.6 Refuse shall not be packed tightly in rigid walled refuse containers, but shall be stored in such a manner that the whole of the contents of the container fall out easily and cleanly when the container is upended.

2.7 No person shall dispose of household refuse by burning, or bury any household refuse in such a manner as to cause a nuisance.

3.0 Trade refuse
3.1 Every owner or occupier of any premises shall ensure that no undue accumulation of trade refuse or salvaged material is permitted or suffered to remain or be in, on, or about such premises or any portion thereof.

3.2 Any perishable or putrescible trade refuse shall be removed from the premises daily, except where stored in an approved manner which does not cause a nuisance of any kind.

3.3 The council will not remove refuse from any non-residential premises except as provided for in any policy statement adopted under clause 4.0 of this part of the bylaw.

3.4 Where in the opinion of an Authorised Officer an accumulation of trade refuse or salvaged materials exists on any 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 person who, after the service upon him of a notice in writing under the hand of an Authorised Officer calling on him to remove and dispose of such trade refuse within a time specified in such notice, shall neglect or refuse to comply with such notice, shall be guilty of an offence against this part of the bylaw.
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4.0 Refuse collection
The council may from time to time by publicly notified resolution, make and amend a set of policy statements governing the collection of all types of refuse and/or recyclables by or for the council, including the weights, numbers, types and contents of containers which will be collected, the placing of containers for such collection, the hours and frequency of collection, the areas in which the collection service will be provided and such other matters as the council considers relevant and such policy shall be enforceable under this part of the bylaw. Upon the making or amendment of such policy the council shall give full public notice of the policy so made or amended.

5.0 Placement and removal of containers
5.1 This section shall apply where the council makes provision for a refuse collection service.

5.2 Every occupier shall, on the day and not later than the time specified in the relevant policy statement for the removal of refuse, cause the refuse container or containers to be closed to prevent spillage and placed for collection in such situation as may be described in the relevant policy statement or as may be required by an

5.3 No person shall leave or place refuse arising from one property outside another property unless the location has been approved by an Authorised Officer.

5.4 No person shall put out for collection by or on behalf of the council any refuse which is not in an official container.

5.5 Where the refuse container is emptied rather than removed the occupier shall return it to the occupier’s premises as soon as practicable after emptying.

5.6 The person collecting refuse on behalf of the council may refuse to remove refuse or recyclables where:
a) The container is damaged or otherwise likely to cause injury to the collector; or
b) The refuse is in an insanitary or offensive condition; or
c) The refuse includes refuse prohibited under this bylaw; or
d) The container is not an official container; or
e) The container is in a condition that allows spillage of refuse; or
f) The containers or the refuse do not comply with the relevant policy statement notified under clause 4.0 of this part of the bylaw in terms of type, volume, weight, numbers, placement or any other detail.
5.7 Where clause 5.6 of this part of the bylaw applies and the refuse or recyclables are not collected the collector shall notify the occupier accordingly by the placing of a notice on the container, or by other means. In such circumstances the occupier shall return the refuse or recyclables to the occupier’s premises and make alternative arrangements for their disposal as soon as practicable.

6.0 Deposit of certain materials prohibited
No person shall deposit or cause or permit or suffer to be deposited in any refuse container:
a) Explosive, hot ashes, highly inflammable material or infectious material;
b) Liquids, acids, printer’s ink, paint, or any other viscous fluid;
c) Broken bottles, glass, glass articles, broken crockery, china or other such sharp articles or materials unless such sharp articles or materials are wrapped so as to prevent injury to persons engaged on collection or disposal work;
d) Any matter, thing or refuse of any kind whatsoever, other than household refuse unless specifically allowed by a policy statement notified under clause 4.0 of this part of the bylaw.
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7.0 Recycling
7.1 The council may arrange for the collection of specified recyclables in association with any refuse collection service provided by or for the council or from specified or agreed recycling stations.

7.2 No person shall interfere with or remove any recyclables or any container of recyclables that has been put out for collection or placed at a recycling facility for collection by or for the council, except in the course of collecting the same on behalf of the council.

7.3 No person shall place or leave any non-recyclable materials in any recycling container or at any recycling station.

8.0 Restrictions on refuse collection operations
8.1 No person shall engage in the collection of trade or household refuse or recyclables, where the materials awaiting collection are left in a public place, without the prior written consent of the council and subject to such conditions as the council may from time to time impose.

8.2 No person shall leave or place any refuse of any kind or any recyclables for collection in any public place unless such refuse or recyclables are in a suitable container or containers which are secured to prevent spillage, are placed in a position that does not obstruct or present a hazard to pedestrian or vehicular traffic, and comply with any other conditions of any consent given by the council under clause 8.1 of this part of the bylaw.

9.0 Ownership of waste stream
Except with the prior permission of an Authorised Officer no person, other than the occupier of the property from which the waste has come, shall on any public place interfere with or remove any waste which is awaiting collection by an authorised collector.

10.0 Special waste
No person shall place any special waste in a public place.

11.0 Disposal of refuse
The disposal of refuse on any land or premises set aside by the council for the disposal of refuse shall be subject to such conditions as may be imposed by any consent or approval given under the Resource Management Act 1991 or other legislation and such conditions as the council may from time to time by resolution impose in respect of the hours of opening and closing, the nature of the refuse which may be disposed of therein, the charges in respect of any such disposal, the position in any such place in which refuse may be placed, and any other matter which the council may consider necessary or desirable to determine by any such resolution.
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12.0 Control of refuse disposal sites
12.1 All persons entering any refuse disposal site shall observe and comply with all signs therein erected or any instructions given by an Authorised Officer or supervisor with regard to operational and safety matters relating to the refuse disposal site or the deposition of refuse or recyclables therein.

12.2 No person shall move or operate a vehicle within a refuse disposal site except in accordance with such instructions aforesaid and shall at all times keep to the speed limits indicated and drive with due care and consideration to other persons and vehicles.

12.3 No person shall enter any refuse disposal site other than for the purposes of depositing refuse and/or recyclables and during such hours as the refuse disposal site is open except with the approval of an Authorised Officer or supervisor.

12.4 No person shall dispose on any refuse disposal site any special waste without the express consent of an Authorised Officer or supervisor and in accordance with whatever conditions may be imposed in relation to the nature of the disposal required, or any charges that may be imposed.

12.5 An Authorised Officer or supervisor may refuse to accept at any refuse disposal site any refuse for which any imposed fees or charges have not been paid or which, in his opinion:
a) May cause undue hazard to the health and safety of the public or to any operator of the refuse disposal site; or
b) May damage the environment; or
c) Cannot be adequately treated or handled by the normal methods used on that site.

12.6 No person shall remove any deposited refuse, article or materials from any refuse disposal site without the consent of an Authorised Officer, providing that this shall not apply to any person authorised by the council to remove articles or materials for recycling or reuse.

12.7 All refuse, garden waste, unwanted articles or other things deposited and left at any refuse disposal site shall be deemed to be the property of the council which may dispose of such materials by recycling or in such other manner as it sees fit. The person so depositing and leaving such refuse etc. shall be deemed to have abandoned all claims to ownership thereof but shall not be relieved of any liability for damage flowing in any way from such action nor from the penalties provided for offences against this part of the bylaw.

12.8 No person shall take any animal on to any refuse disposal site or allow any stock to wander or graze thereon without the prior consent of an Authorised Officer.

12.9 No person shall light any fire on any refuse disposal site.

12.10 No person shall damage any fence, gate, building, water supply, road, sign or tree, on any refuse disposal site.

12.11 An Authorised Officer or supervisor may require any person to leave any refuse disposal site, with or without any refuse brought by that person for disposal, who is on the site contravening the provisions of this part of the bylaw.

12.12 No person shall tip, throw, or deposit any refuse in any manner at any place on any refuse disposal site which is not designated for that purpose.

12.13 Every person on any refuse disposal site shall upon request by an approved officer or supervisor, give that person’s name and address in full to the Authorised Officer or supervisor and no person so requested shall give a false name or address.
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13.0 Recyclables on refuse disposal sites
13.1 Any materials entering any refuse disposal site which are designated as recyclables shall be deposited in such places and in such a manner as directed by an Authorised Officer or supervisor.

13.2 No person shall deposit any general refuse in any place or container designated for the deposition of recyclables.

13.3 Any person shall obey any reasonable instruction of an Authorised Officer or supervisor to separate recyclables from general refuse and to deposit them as directed.

14.0 Refuse removal vehicles
No person for the time being in charge of or operating any refuse collection vehicle shall:
a) Allow the vehicle to stand or park, in any public place for any period of time other than is necessary for the collection of refuse from any premises;
b) Permit or suffer the vehicle to be in an unclean or offensive condition;
c) Permit, allow or suffer any refuse to be spilled from any refuse collection vehicle on any road or other place without immediately collecting such refuse and redepositing it in the collection vehicle.

15.0 Refuse to be covered during transportation
No refuse shall be transported by vehicle through, over or upon any road or public place unless such refuse is sufficiently and adequately covered to prevent the refuse from falling or otherwise escaping on to any road or other public place.

16.0 Street litter bins
16.1 No person shall interfere with, or remove any refuse receptacle erected or placed on any road or other public place for the deposition of litter by the general public, or the contents thereof other than an employee or agent of the person or organisation responsible for the emptying, cleansing or repair of that receptacle.

16.2 No unauthorised person shall remove, relocate, damage, deface, write or place any sign upon or in any way interfere with any refuse receptacle being the property of the council.
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