7. Collection, transportation, processing, and Disposal of Waste

General Responsibilities

7.1 The occupier and the manager of a premises must ensure that the domestic waste from the premises is separated into waste types as determined by the Council, and deposited for collection in the correct approved container. No person may deposit in a container material that is not approved for that type of container.

7.2 The occupier and the manager of any premises must ensure that:

1. reasonable steps are taken to prevent the waste escaping from any waste container;
2. waste from the premises has no more than a minimal adverse effect on neighbouring occupiers;
3. any waste container is regularly emptied when it is full; and
4. the contents of any waste container, excluding containers for green waste, are protected from rain or ingress or egress of flies and animals;the contents of any waste container, excluding containers for green waste, are protected from rain or ingress or egress of flies and animals;

 

7.3 The occupier and the manager of any premises who is in control of an approved container must ensure that:

1. the container is kept in a safe location, hygienic, in good repair, and without any modifications or alterations to its appearance;
2. if required, waste is deposited in the container in a manner that allows the whole of the contents to fall out easily and cleanly when the container is emptied;
3. unless the container is placed at a council collection point, the container is placed for collection in an upright position off the carriageway, in front of the premises from which the waste originated and as close to the kerbside as possible;
4. reasonable steps are taken to prevent the container disrupting or obstructing pedestrian and vehicular traffic and to preserve access to the premises; and
5. the container is placed for the collection of waste and retrieved in accordance with any applicable control specified by the council.

 

7.4 No person may:

1. put waste into an approved container provided to any other person, without that other person’s consent;
2. remove waste from, or interfere with any waste deposited in, an approved container, except the council, a licensed waste collector or the person who deposited the waste;
3. remove a container provided by the council from the premises to which it has been allocated, except with the prior written approval of the council.

 

7.5 The occupier and the manager of any premises is responsible for any waste generated on the premises until it has been collected.

 

Licensing waste collection and waste management facility operators

7.6 Any:

1. waste collector who collects and/or transports more than 30 tonnes of waste in any one twelve month period from land in Matamata-Piako district; and
2. waste management facility operator with a facility in the Matamata-Piako district that handles more than 30 tonnes of waste in any one twelve month period

must have a waste operator licence issued by the Council, and may not collect waste or operate the waste management facility (as the case may be) without such a licence.

 

7.7 An application for a waste operator licence must be made on the application form which is available from the Council, and must be accompanied by any application fee and the information required by the council to process the application.

 

7.8 The holder of an existing licence may apply to the Council for a renewal of that licence.

 

7.9 A licence is personal to the holder and is not transferable.

 

7.10 A licence may be granted or refused at the discretion of the council, and if granted may be on such terms and conditions as the council thinks fit.

 

7.11 When considering a licence application, the Council may take into account the following non-exhaustive list of factors:

1. The extent to which the licenced activities will promote public health and safety, and support achievement of the Council’s waste management and minimisation plan, including goals and initiatives within that plan;
2. The quantity and type of waste to be handled;
3. The methods employed for the handling of the waste including the identity of the waste management facility at which it is proposed that recycling, recovery, treatment, or disposal will occur;
4. The frequency and location of the waste collection, removal and transportation services;
5. The specifications of the vehicles, equipment, and containers to be used for the handling of waste;
6. The applicant’s experience, reputation, and track record in the waste and diverted material industry, including any known past operational issues which may affect the applicant’s performance, and any breaches of previous licence conditions; and
7. The terms and conditions under which any disposal of waste is permitted and the existence of, or need for, any statutory approvals, authorisations, or consents required to be held or complied with in respect of such disposal.

 

7.12 A licenced waste operator must comply with all terms and conditions of the licence. These conditions may include, but are not limited to, the following matters:

1. Term – a licence may be granted for a term of up to 5 years;
2. Licence fee – the licensee must pay an annual licence fee in an amount determined by the Council from time to time;
3. Bond – the Council may, from time to time and on a case by case basis, require a licence holder to post a bank-guaranteed bond;
4. Compliance with standards – the licence holder must comply with any standards or policies the Council has set for waste handling such as:
   1. Provision of waste collection services within reasonable times specified by Council;
   2. The collection of any litter within a specified distance of an approved container awaiting collection and any litter spillage from the licence holder’s vehicle during the collection, transportation or disposal process; and
   3. The Licence holder shall indemnify the Council against contingent liability arising from the collection and transportation of waste or Recyclables or from any other cause contributed, directly or indirectly, by the collection and transportation of waste and Recyclables. The Council may require the provision of an acceptable public liability insurance policy or any form of indemnity. The omission of the Council to require the provision of indemnity or to determine the appropriate amount of liability shall not constitute a waiver or limitation of its right to be indemnified.
5. Provision of information – the licence holder must provide data relating to waste they have handled to the Council during the term of their licence, in the form and at the times determined by the Council from time to time such as:
   1. The quantities, sources and destination of various waste categories that have been handled by the waste operator during a period of time (e.g. a three month period, including the destination of each waste type and method of processing (recycling, recovery, treatment, disposal etc).

The Council will take all reasonable steps to keep commercially sensitive information confidential, for example by aggregating such information for reporting purposes.

 

7.13 The Council may suspend or revoke a licence if the licence holder fails to comply with this bylaw, any of the terms or obligations of the licence, any relevant controls made under this bylaw, or acts in a manner which the Council considers, on reasonable grounds and in light of the purpose of this bylaw, is not suitable for the holder of a waste operator licence.

 

General controls of the collection, transportation and disposal of waste

Collections from a public place

7.14 Waste may not be placed on a public place for collection unless it is:7.14 Waste may not be placed on a public place for collection unless it is:

1. domestic waste;
2. green waste;
3. inorganic material deposited for collection by or on behalf of the council, or
4. any other type of waste determined by the Council as able to be placed on a public place for collection.

 

7.15 Prohibited waste, diverted material, construction and demolition waste or commercial waste may not be placed in a public place for collection unless authorised by the council under this bylaw.

 

7.16 Any waste operator who collects or transports waste from a public place must:

1. make available to the occupier or manager of a premises one or more approved containers to enable separate collection of each of the waste types required to be separately collected from the premises;
2. not collect for disposal any domestic waste which has not been separated into refuse, recyclable material and organic matter. However this does not apply where the amount of recyclable material and/or organic matter mixed with the refuse, or the amount of the recyclable material mixed with the organic matter or vice versa, does not exceed the maximum allowable limits specified by the council under clause 7.19(b).
3. not dispose to a class 1 – 4 landfills any waste type that is capable of being reused or recycled.

 

7.17 The council may specify controls for the following matters in relation to the collection or transportation of waste from a public place:

1. the area to which the control applies;
2. the type, size, colour, and construction of approved containers that may be used for the storage and collection of waste;
3. the types of waste that may be collected in various types of approved container;
4. the categories of wastes that may be deposited at or collected from a public place;
5. the conditions applicable to any collection service from a public place - including the placement and retrieval of approved containers for collection, collection days and times, and restrictions on the number and weight of approved containers;
6. requirements to ensure the correct separation of categories of wastes into approved containers;
7. the locations, access times and conditions of use of council waste collection points;
8. any other operational matter required for the safe and efficient operation of a collection service from a public place.

 

7.18 Any person providing or using a waste collection service in or from a public place must comply with all controls made by the council relating to that collection.

 

General controls

7.19 The council may specify controls for the following matters in relation to the collection, transportation or disposal of waste from any property:

1. Types of domestic waste that may be treated for all purposes (including deposit, collection, transportation, and disposal) as recyclable, organic, or refuse;
2. maximum allowable limits of a specified waste type that may be collected or transported from a public place in an approved container for refuse and that subsequently may be disposed of;
3. maximum allowable limits of a waste type that may be placed in an container approved for another waste type;
4. types of waste that may be handled at any class 1 – 4 landfill and material that may be used as cover material at any such site;
5. materials that may be used as natural or other hardfill material at a clean fill site;
6. types of waste that are prohibited.

 

Council collection points

7.20 No person may deposit waste at a council collection point other than in accordance with any applicable control.

 

7.21 The council may specify:

1. any place, or receptacle in a public place or on a barge in a marine area, as a council collection point for the collection of domestic waste; and
2. controls relating to the deposit of waste at the council collection point including the use of specified containers.

 

Multi-unit developments

7.22 The owner and manager of a multi-unit development must make provision for the management of all waste generated within the property.

 

7.23 Subject to clause 7.26, the owner and manager of a multi-unit development must obtain approval from the council for a development waste management and minimisation plan.

 

7.24 A development waste management and minimisation plan must include but is not limited to:

1. identification of an adequate area on the premises for the storage of containers that is readily accessible to the occupiers of units and to a licensed waste operator to enable separate collection and transportation of refuse, recyclable material and/or organic matter;
2. the methods to be used to minimise noise and odour and to keep the area hygienic, free from vermin or other infestations and protected from theft and vandalism;
3. identification of the means and route of access and egress to the waste storage area;
4. an estimate of the volumes of refuse, recyclable material and organic matter that will be generated;
5. the steps which will be taken to further the objective of waste minimisation

 

7.25 Any person who owns, occupies or manages a multi-unit development must comply with the approved development waste management and minimisation plan for that development.

 

7.26 The council may, on application, grant a written exemption from compliance with all or any the requirements of this clause if:

1. in the opinion of the council, the costs of full compliance would be disproportionate to any resulting waste management and minimisation benefits; or
2. the manager or owner demonstrates to the satisfaction of the council that refuse, recyclable material and organic waste are separately and regularly collected.

 

7.27 The council may specify controls for the following matters in relation to the collection or transportation of waste from multi-unit developments:

1. the categories of recyclable material, organic matter and refuse that may be deposited at or collected from a multi-unit development;
2. the times, locations and conditions applicable to any collection service from a multi-unit development, including the placement and retrieval of containers for collection, collection times and restrictions on the number and weight of approved containers;
3. requirements to ensure the correct separation of refuse, organic matter and recyclable materials into containers;
4. any other operational matter required for the safe and efficient operation of a collection service from a multi-unit development.

 

7.28 Any person who manages a multi-unit development or owns or occupies a unit in a multi-unit development must comply with any controls for the deposit, collection, transportation and management of waste in the multi-unit development made by the council.

 

Nuisance and litter

7.29 No person may:

1. allow any accumulation of waste or diverted material on any premises they own, occupy or manage to become offensive, a nuisance or likely to be injurious to health;
2. use an approved container in a manner that creates a nuisance, is offensive or is likely to be injurious to health.

 

7.30 Except as provided for under this bylaw, no person may:

1. burn or allow to be burnt on any property they own, occupy or manage any waste except organic matter;
2. bury or allow to be buried on any property they own, occupy or manage any waste except:
   1. organic waste, including dead farm animals in rural areas;
   2. dead companion animals and nuisance pests; or
   3. for the purposes of home composting.
3. dispose of any waste on any premises except at –
   1. a class 1-4 landfill, or
   2. any premises they own, occupy or manage, for the purposes of home composting.

 

7.31 No person may-

1. deposit any waste arising from that person’s household or that person’s business activities in any litter receptacle provided by the council in any public place;
2. remove any waste from any litter receptacle provided by the council in any public place, where this results in any waste being deposited outside the receptacle, unless authorised by the council to do so;
3. deposit or attempt to deposit any litter in any receptacle provided by the council in any public place if:
   1. the receptacle is full; or
   2. the litter is likely to escape.
4. fix or attach any flag, banner, bunting, balloon, sign, poster, leaflet or similar thing to any litter receptacle provided by the council in any public place; or
5. damage any litter receptacle provided by the council in any public place.

 

7.32 The owner, occupier or manager of any premises on which any flag, banner, bunting, balloon, sign, poster, leaflet or similar device is displayed that is likely to become litter, must take all steps to the satisfaction of the council to prevent it becoming litter and to clean it up in the event that it does become litter.

 

Donation collection points

7.33 Anyone intending to establish a donation collection point must notify the Council in advance and must operate the donation collection point in compliance with any requirements the council specifies including but not limited to: location, vehicle access, type of waste which may be deposited, use of approved containers, removal of deposited waste from the collection point, clean up of any litter or illegal dumping, and clean up or removal of any graffiti.

 

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