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| | MINISTRY OF HEALTH |
| | S.I. No. 22 of 2004 |
| | ENVIRONMENTAL HEALTH SERVICES ACT |
| | (Chapter 232) |
| | ENVIRONMENTAL HEALTH SERVICES (COLLECTION |
| | AND DISPOSAL OF WASTE)
REGULATIONS, 2004 |
| | The Minister in exercise of the
powers conferred upon him by section 17 of the Environmental Health Services
Act, makes the following regulations - |
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. | Citation and commencement. |
| Interpretation. |
"Act" means the Environmental Health
Services Act; | Ch. 232. |
"ashes" means the residue and cinders
from any substances used for fuel and from incineration of waste; |
"bulky waste" means furniture, large
household appliances, discarded auto parts or such other large discarded
material that cannot be placed in domestic waste receptacles; |
"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; |
"collection day" means the day, or days
designated by the Director on which waste is regularly collected from specific
premises; |
"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; |
"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; |
"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; |
"containerized storage bin" means any
waste storage receptacle which is of such a size that it requires mechanized
collection; |
"Department" means the Department of
Environmental Health Services; |
"Director" means the Director of the
Department of Environmental Health Services; |
"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; |
"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; |
"domestic waste receptacle" means |
(1) one or more rust-free containers
with a water tight cover, and having the following specifications - |
(a) between 16 inches and 17 inches
in diameter at the top, and tapered to a lesser diameter at the bottom; |
(b) between 20 inches and 30 inches
high; and |
(c) having a capacity between 3
cubic feet and 5 cubic feet; or |
(2) a plastic bag having the
following specifications - |
(a) securely tied at the top when
ready for collection; |
(b) being no more than 30 inches in
height; |
(c) no more that 18 inches in
width; and |
(d) capable of holding no more than
70 pounds of contents when lifted; |
(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; |
"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; |
"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: |
"medical waste" means waste generated by
clinics, medical facilities, veterinary clinics or any other facilities from
the provision of medical diagnosis or treatment: |
"Minister" means the Minster responsible
for the Department of Environmental Health Services; |
"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; |
(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 |
(b) hotels, motels and other type of
premises where the occupants normally sojourn for limited periods; |
"person" means any person, firm,
partnership, association, corporation, company or organization of any
kind; |
"premises" means any land, and includes
water courses and drains; |
"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; |
"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: |
"rubbish" includes house sweepings.
wood. leaves, trimmings from shrubs, sawdust, paper, cardboard, grass, rags,
old shoes, and all other combustible material: |
"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; |
"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; |
"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; |
"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; |
"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; |
"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. |
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. | Provision of waste collection
service |
(2) The Department may enter into
agreement with the responsible authorities in the Family Islands for the
provision of collection service for waste. |
(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. |
PART 2 |
GENERAL COLLECTION OF WASTE |
4. All domestic waste shall be
collected at least once per week, or at such frequency as provided by the
Director. | Domestic Waste. |
5.(1) All commercial waste shall be
collected at least once per week, or at such frequency as provided by the
Director. | Commercial Waste. |
(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. |
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. | Separation of Waste |
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. | Domestic waste receptacle. |
8.(1) The owner or operator of any
commercial or institutional establishment, or industry, shall place domestic
and commercial waste for collection in - | Commercial waste containers. |
(a) the manner provided for in
regulation 6 and 7; |
(b) a containerized storage bin,
constructed for the purpose of waste containment; |
(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. |
(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. |
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. | Residential developments. |
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. | Failure to pick up spilled waste. |
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. | Location of waste. |
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. | Container required |
13. A collector is not required to
collect domestic and commercial waste from - | Waste not collectable. |
(a) any waste receptacle which, with
the weight of its content, exceed 70 pounds: |
(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 |
(c) any waste receptacle which is not
suitable for holding such waste. |
14. A person shall not put out or
cause or permit to be put out domestic or commercial waste for collection
unless; | Prohibited methods of disposal. |
(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; |
(b) any waste containing any liquid is
thoroughly drained and wrapped in paper before being put into waste receptacles
for collection; |
(c) rags and discarded clothing are
tied securely in bundles and placed within or beside waste receptacles for
removal; |
(d) waste paper, newsprint, and
cardboard is securely tied in bundles and placed within or beside waste
receptacles for removal: |
(e) ashes are cooled and put into
sealed disposable containers; |
(f) sawdust is put into sealed
disposable containers; |
(g) animal feces are placed in a
securely tied double plastic hag before being put into a waste receptacle. |
15. A person shall not place,
permit to he placed, or mix with any material for removal as domestic or
commercial waste - | Improper methods of disposing. |
(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; |
(b) hypodermic needles unless packaged
so they can be handled in safety; |
(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; |
(d) sharp objects or broken glass
unless packaged to allow safe handling; |
(e) bulky waste, construction and
demolition waste, medical waste, and industrial waste, except as required or
directed by the Director. |
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. | Filled receptacles and bins. |
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. | Bulky waste. |
(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. |
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. | Construction and demolition waste. |
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. | Industrial waste. |
(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. |
20. No person shall dispose of
special waste except as specified by the Director. | Special waste. |
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. | Street waste. |
(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. |
22. No person shall collect or
dispose of any waste as defined herein except under the provision of these
regulations. | Prohibition on collection and
disposal of any waste. |
PART 3 |
DUTY OF COLLECTORS |
23. Collectors shall exercise
reasonable care not to damage or misuse any domestic waste receptacle or
containerized storage bin. | Damaging receptacle. |
24. Collectors shall replace
emptied waste receptacles, the lids and containerized storage bins in
approximately the same location where picked up. | Replacement of receptacles. |
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. | Method of collection. |
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. | Duty of Employees. |
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. | Interference with waste receptacle. |
PART 4 |
TIME OF COLLECTION |
28. The Director or licensed
collection services shall schedule the collection of domestic waste, commercial
waste, and bulky waste. | Licensed collection services. |
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. | Notification of collection. |
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 - | Collection day. |
(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 |
(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. |
PART 5 |
LOCATION OF RECEPTACLES |
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. | Location of Receptacles. |
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 - | Placement where there is no road at
the rear. |
(a) the storage location shall be
between the wall of the building, which is closet to the road, and the property
line; |
(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; |
(c) domestic waste receptacles shall
be placed for collection on the day preceding the collection day; |
(d) domestic waste receptacles must be
returned to their storage location within 12 hours of being emptied. |
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. | Location of receptacles. |
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. | Maintenance of storage location. |
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. | Collection in buildings. |
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. | Entry on premises. |
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. | Access for collection. |
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. | Transportation of waste. |
PART 6 |
PRIVATE COLLECTION CONTRACTS |
39. The Department may enter into
a contract or contracts with any person for the provision of private waste
collection services. | Collection Contracts. |
PART 7 |
CERTIFICATES OF APPROVAL |
40. All applicants for a
certificate of approval to operate a collection service shall complete an
application including - | Applications to operate collection
services. |
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(b) the applicant's address; |
(c) the applicant's telephone
number; |
(d) the applicant's business license
number; |
(e) the applicant's methods of
operation; |
(f) a description of any vehicle to
be used for the transportation of waste, including: |
(i) vehicle make, year, model, type
and serial number; |
(ii) vehicle license number; |
(g) the types of waste that will be
collected and transported, including - |
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(iv) construction and demolition
waste; |
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(ix) abandoned vehicles or abandoned
domestic appliances; |
(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; |
(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; |
(xii) payment of an application fee in
the amount of one hundred dollars per vehicle listed in the application; |
(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. |
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. | Fees. |
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. | Fee application to construct waste
management facility. |
(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. |
(3) The Director may consider the
following when prescribing the information required in an application to
construct a waste management facility? |
(a) the necessity for an
environmental impact assessment; |
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(c) water table and underground water
location and uses; |
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(e) land use of the proposed site and
adjacent areas; |
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(f) pollution control system; |
(g) operational requirements; |
(h) site reclamation and
restoration; |
(h) reports and recommendations made
by consultants or experts; and |
(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 - |
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(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. |
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 |
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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. |
|
(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. |
(Regulation 49) |
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 : |
|
Weight of Load
|
Waste Disposal Fee
|
|
300 pounds or less
|
No charge
|
|
Between 300 and 999 pounds
|
$5.00 per load
|
|
Between 1,000 and 1,999
|
$10.00 per load
|
|
2.000 pounds (1 ton) or greater
|
$10.00 per ton
|
|
Made this 31st day of March,
2004. |
Signed |
OBEDIAH H. WILCHOMBE |
Minister responsible for Environmental
Health Services |