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Bylaw 2008 Part 9: Solid Waste

The purpose of this part of the bylaw is to ensure that refuse collection and disposal does not have significant environmental or health impacts by regulating recycling, ownership of the waste stream, refuse storage and waste management.

1. Authority

1.1 This part is made under:
a) Sections 145 and 146 of the Local Government Act 2002; and
b) Section 542 of the Local Government Act 1974.

2. Purpose

2.1 The purpose of this part is to ensure that refuse collection and disposal does not have significant environmental or health impacts, by regulating recycling, ownership of the waste stream, refuse storage and waste management. It also outlines the responsibilities of customers who use the Council’s solid waste services and provides for licensing of waste collection contractors.

2.2 This part is supported by solid waste policies. For further information about the disposal of waste please see the Council for copies of these policies.

3. Interpretation

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

3.2 In this part unless the context otherwise requires:
Approved refuse bag means any mobile bin, plastic bag or multiwall paper bag or other container from time to time approved by the Council and collected by or on behalf of the Council.

Approved recycling bag means any mobile bin, crate, plastic bag or other container specifically dedicated for the collection of recyclable refuse; from time to time approved by the Council and collected by or on behalf of the Council.

Authorised hours of operation in regard to any transfer station or landfill means the hours during which the waste facility shall be open to receive waste from commercial operators or the public or such other hours as shall be publicly notified by the Council from time to time.

Cleanfill waste means any inert material that does not undergo any physical, chemical, or biological transformation that will cause adverse environmental effects or health effects once it is disposed of to ground.

Commercial premises means premises which are occupied substantially for retail; office or other commercial purposes and includes halls, schools and public buildings.

Commercial refuse means refuse from commercial premises and includes floor sweepings, waste paper; flattened cartons tied in bundles and refuse of a type similar to household refuse but does not include trade refuse.Return to top

Dispose means in relation to waste to:
a) Cast, place, throw, drop; and
b) Cause or permit waste or other material or thing to be cast, placed, thrown or dropped.

Excess/commercial refuse sticker means an official excess/commercial refuse sticker available for purchase from Council service centres or authorised retail outlets. Each sticker pays for the collection and disposal of one approved refuse bag.

Green waste/compostable refuse means lawn clippings, weeds, plants, other soft vegetable matter or other organic waste, which by nature or condition and being free of any contaminants will degenerate into compost. This does not include cooked food, timber, ponga trees, agapanthus, flax, bamboo, ginger plant, gorse cuttings, cabbage tree, norfolk pine, tree stumps or branches greater than 100mm in diameter.

Household refuse means waste from household premises arising or resulting from domestic housekeeping operations but does not include recyclable refuse, green waste, commercial waste, prohibited waste, hazardous waste, trade waste or liquid waste.

Landfill contractor means any person or company, whether or not employed by the Council, engaged in the operation, control or management of a landfill.

Landfill means land set aside by Council upon which the deposit and disposal of solid wastes to ground can lawfully occur.

Liquid waste means any waste with a solid content of less than 20 per cent per volume and waste which liberates free liquids when transported.

Litter shall have that meaning as described under the Litter Act 1979.

Multi-unit property means a multiple tenancy property comprising of three or more separately occupied residential or business units, of more than three stories whether in the same building or in separate buildings, and held either in common ownership or in separate ownership.

Proprietary bin means a commercially provided mobile garbage bin, drum, bag, or similar container under contract to a licensed waste operator, and which is emptied on a regular basis.

Recyclable refuse means rags and textiles, aluminium cans, steel cans, plastic products, glass, paper, cardboard and such other items as may be publicly notified by the Council as recyclable refuse from time to time.

Refuse means any solid, material or thing that is a waste of any kind and is discarded or selected for disposal.
Refuse collection contractor means any person or company contracted by the Council for the purpose of the collection of refuse.Return to top

Refuse disposal site means any landfill or closed landfill operated by or for the Council for the disposal or temporary storage of refuse or any specified refuse. It includes those transfer stations owned by and operated for the Council at Okato, Inglewood, Waitara and Tongaporutu utilised for the temporary storage of refuse.

Resident means any person who resides in the district; or any person who operates a business from premises within the district; or any person temporarily visiting the district for the purpose other than that of depositing of refuse for disposal at any landfill or transfer station within the district.

Residual waste or solid waste means waste which is not suitable for composting or for recycling and which is not trade refuse.

Rejected refuse sticker means an official sticker to explain why the refuse collection contractor has elected not to remove any household refuse bag placed out for refuse collection.

Rural rubbish collection point means a site along a refuse collection route for residents living outside collection areas to deposit approved refuse bags and recyclable refuse for collection.

TCLP test means a ‘Toxicity Characteristic Leaching Procedure’ test that estimates the potential for both organic and inorganic constituents to leach from a non-liquid waste. The test results indicate the environmental acceptability of disposing the non-liquid to landfill.

Trade refuse means scrap, waste material, any sewerage or liquid, or rubbish resulting from the conduct of any factory, manufacture, process, trade, market or other industrial operation or undertaking.

Transfer station means any land or other place owned by or vested in the Council or under its control and set aside by the Council for the receiving, containment or transfer of refuse.

Transfer station contractor means any person or company contracted to the Council to operate, control or manage or assist in the control or management of a transfer station.Return to top

4. Household waste and recyclables collection

4.1 The Council may from time to time by resolution, make and amend rules governing the collection of refuse and/or recyclable refuse by or for the Council, including:
a) The weights, numbers, types and contents of containers for disposal of refuse and recycling.
b) The placing of containers for such collection in rural areas.
c) Recycling, including procedures for disposal of newspapers and flattened cardboard.
d) The separation of recyclable refuse and residual waste.
e) The days and hours that an operated transfer station will be available for solid waste disposal and management.

Such rules shall be enforceable under this part.

4.2 Every occupied dwelling or any portion thereof separately occupied, except as is provided in clause 4.5 is entitled to deposit one approved refuse bag per week for each targeted refuse rate paid with the property rates.

4.3 Except as is provided in clause 4.5, instead of refuse bags every occupier of a dwelling or any portion thereof separately occupied may lease a proprietary bin for the depositing of household domestic refuse.
A leased proprietary bin does not negate the property owner from paying the targeted refuse rate on the property rate account.
When a property paying a targeted refuse rate leases a proprietary bin from the refuse collection contractor a separate approved refuse bag cannot be placed out for collection in conjunction with the proprietary bin.

4.4 Every resident participating in the Council’s kerbside recycling service shall also provide approved recycling bags for the collection of specified recyclable refuse.

4.5 Every owner of a multi-unit property may, instead of providing individual refuse bags for each apartment or unit, provide, maintain and keep clean proprietary bins for depositing household refuse and have arrangements for the regular emptying of the refuse subject to the satisfaction of the Council.
Upon approval by the Council, individual units or the complete multi-unit property may be exempted from paying the targeted refuse rate on the property rate account. In such cases of exemption the property will not receive a kerbside refuse collection service or the kerbside recycling service provided for under this bylaw.

4.6 Where the Council makes provision for a refuse collection service, users of that service must:
a) Place approved refuse bags out after 5pm the night before the collection day, or by 7am on the day of the
collection. (Neither the Council nor any refuse collection contractor or agent employed by the Council will accept
responsibility for the non-collection of waste if it is not put out for collection by 7am on the day appointed for
collection in the area concerned, or in the case of special circumstances, the time specified on the notification).
b) Place all residual waste into an approved refuse bag.
c) Attach an excess refuse sticker to all excess bags.
d) Ensure that all refuse is in an approved refuse bag, recyclable refuse bag or proprietary bin.
e) Ensure that the contents of any refuse bag do not soak or escape there from so as to be injurious or dangerous to health, cause an offensive smell or be a source of litter.
f) Tie each bag securely closed so as to protect contents from the rain, dispersal by wind or ingress of flies and
vermin.
g) Must ensure that refuse is in an approved recycling bag or proprietary bin.

No person shall put their refuse outside another person’s property without the prior approval of an authorised officer.Return to top

4.7 No person shall deposit refuse in a manner where:
a) The container is damaged or otherwise likely to cause injury to the collector; or
b) In the opinion of the Council or refuse collection contractor, the refuse is in an unsanitary or in an offensive
condition; or
c) The refuse includes refuse prohibited under this bylaw; or
d) The container is not an approved refuse bag, recyclable refuse bag or proprietary bin; or
e) The container is in a condition that allows spillage of refuse; or
f) The container or the refuse does not comply with the rules under this part in terms of type, volume, weight, numbers, placement or any other detail; or
g) The number of approved refuse bags placed out for collection is greater than the refuse units rated on the
household rate account; or
h) Any other reason which the refuse collection contractor deems would cause a health and safety concern to the refuse collection operation.

4.8 Where any of the conditions in clause 4.7 occur the refuse collection contractor shall not be obligated to collect the refuse.

4.9 When the refuse collection contractor does not remove any container of refuse or recyclables because of non-compliance with this bylaw they are required to place a “Rejected Refuse Sticker” on the bag to inform the occupier why the refuse has been rejected.

4.10 The occupier is responsible for any refuse not collected because of non-compliance with this bylaw. Any refuse or recyclables shall be removed back to the occupier’s premises by noon on the day following collection day and alternative arrangements for disposal shall be made by the occupier as soon as practicable.

4.11 Unless by written approval of an authorised officer no trade refuse or commercial refuse will be removed or disposed of as part of the household refuse collection service unless such refuse is contained in approved refuse bags and each bag has an excess/commercial refuse sticker attached.

4.12 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.

4.13 No person shall bury any household refuse in such a manner as to cause a nuisance.
Note: For rules on burning refuse see Part 4 Fire Prevention and Smoke Nuisance New Plymouth District Council Bylaw 2008 and the Taranaki Regional Council’s Regional Air Plan.

4.14 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. Return to top

5. Trade refuse

5.1 Every owner or occupier of any premises shall ensure that in the opinion of an authorised officer 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.

5.2 Any perishable or putrid trade refuse shall be removed by the occupier or owner of a premise on a daily basis, at the cost of the owner or occupier, except where stored in an approved manner that does not cause a nuisance of any kind.

5.3 The Council will not remove refuse from any non-residential premises except under clause 4.11 of this part.

6. Refuse disposal facilities

6.1 All persons entering any refuse disposal site, transfer station or landfill shall observe and comply with all erected signs erected, or any instructions given by an authorised officer with regard to operational and safety matters relating to the site or the deposition of refuse or recyclable refuse therein.

6.2 No person shall at any refuse disposal site or landfill site:
a) Enter other than for the purposes of depositing refuse and/or recyclables and only during such hours as the site is open, except with the prior approval of an authorised officer.
b) Dispose any special waste without the written consent of an authorised officer 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.
c) Tip, throw, or deposit any refuse in any manner at any place on any refuse disposal site which is not intended for that purpose.

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

6.4 No person shall remove any deposited refuse, article or materials from any refuse disposal site without the consent of an authorised officer, provided that this shall not apply to any person authorised by the Council to remove articles or materials for recycling or reuse.

6.5 All refuse, garden waste, recyclable refuse 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 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.

6.6 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.
Note: For further rules on animals in public places see Part 5 Public Places New Plymouth District Council Bylaw 2008.

6.7 An authorised officer 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.

6.8 All refuse to be transported by vehicle through, over or upon any road or public place, is to be sufficiently and adequately covered to prevent the refuse from falling or otherwise escaping on to any road or other public place.Return to top

7. Council transfer stations

7.1 All persons using the facilities of a transfer station shall ensure that:
a) All refuse is separated into compostable refuse, recyclable refuse and residual waste categories.
b) All refuse is off-loaded at the place and in the manner directed by the site operator.
c) All reasonable steps are taken to assist in the minimisation of waste.
d) All reasonable steps are taken to protect and promote the health and safety of all of those persons on site including site staff.
e) No prohibited waste is off-loaded.

7.2 No person shall deposit any special or hazardous waste in any place except at the hazardous waste facility at New Plymouth transfer station at Colson Road, and persons using the hazardous place facility must before using the facility:
a) Complete all health and safety documentation.
b) Pay any applicable fee for the disposal of commercial quantities of hazardous waste.

7.3 No person shall:
a) Deposit any general refuse in any place, facility or container designated for the deposition of recyclables.
b) Disregard any reasonable instruction of an authorised officer to separate recyclables from general refuse and to deposit them as directed.
c) Wrongly or unlawfully dispose of non-recyclable refuse or hazardous waste through the recycling system.

7.4 Any person disposing green waste must ensure that:
a) It is free of contaminants; and
b) It is sorted into firewood, shredable material and fine material.

8. Council landfills

8.1 The minimum opening hours for Council landfills shall be approved by resolution publicly notified.

The following types of general refuse will be accepted at the Colson Road landfill:
a) Municipal or domestic refuse collected for disposal.
b) End of life tyres - quartered or de-walled.
c) Non-hazardous commercial and industrial refuse acceptable for co-disposal with municipal or domestic
refuse.
d) Clean fill if authorised as acceptable material by an authorised officer.

8.2 No person shall deposit any special waste at the Colson Road landfill unless it is:
a) Asbestos (acceptable only if provided in accordance with the Asbestos Regulations 1998); or
b) Confidential documents; or
c) Small quantities of solids and liquid waste suitable for codisposal with municipal refuse; or
d) Hydrocarbon contaminated material; or
e) Non hazardous liquid waste and waste from commercial grease interceptors which cannot be disposed of at the Carrousel Waste Water Treatment Plant; or
f) Non-hazardous commercial and industrial refuse; or
g) Screenings from approved waste water treatment plants; or
h) Small quantities of waste products containing potentially hazardous materials that is not likely to have adverse effects when contained within the residential refuse collection; or
i) Landfill leachate; or
j) Other such waste which when tested by a TCLP test shows that the leachate concentrations will not affect the landfill’s trade waste consent conditions.

8.3 No person shall access the landfill to dispose of special wastes unless all relevant documentation has been completed and cited by the weighbridge operator.

8.4 Prohibited wastes shall not be accepted at any landfill.Return to top

APPENDIX 1

This appendix is for information purposes only. It does not form part of the New Plymouth District
Council Bylaw 2008.

In accordance with clause 4.1 of Part 9 of the New Plymouth District Council Bylaw 2008, the Council resolves the following rules in relation to solid waste collection and disposal.

1. Approved Refuse Bag

1.1 Approved refuse bag should consist of a standard rubbish bag or a plastic or twin wall paper bag with a total volume not exceeding 20kg or 60 litres.

2. Approved Recycling Bag

2.1 Approved recycling bag should consist of a supermarket sized plastic bag.

3. Weights, types and contents of containers which will be collected

3.1 No person shall deposit or cause or allow any of the following materials to be deposited in any approved refuse bag placed for collection:
a) Any hazardous, prohibited or special waste co-mingled with domestic waste; or
b) Explosive, hot ashes, highly inflammable material or infectious material; or
c) Liquids, acids, printer’s ink, paint, or any other viscous fluid; or
d) Any ashes, 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 in collection or disposal work; or
e) Any matter, thing or refuse of any kind whatsoever, other than household refuse unless specifically allowed by a specific policy; or
f) Any trade refuse; or
g) Any pesticides, herbicides, fungicides or other toxic compounds; or
h) Any effluent from chemical toilets or waste removed from any part of a drainage or sewerage system; or
i) Any medical needles, skin piercing devices; or
j) Such other types of prohibited waste as may be publicly notified by the Council from time to time.

3.2 Any approved refuse bags in excess of the numbers over and above the approved number of bags for the property must have clearly visible official excess refuse stickers.Return to top

4. Placing of containers for collection

4.1 Residents who live in unserviced rural areas and along routes which refuse collection vehicles travel on may use the service by placing each rubbish bag adjacent to the roadway in an obvious location or in designated specific collection points. Each bag must have an excess/commercial refuse sticker attached.

5. Recycling

5.1 Any person depositing newspapers and flattened cardboard for recycling must ensure that they are placed wrapped and tied securely in briefcase size bundles or in an approved recycling bag.

6. Waste Separation

6.1 Newspapers and flattened cardboard must be separated from other recyclables.
6.2 Any person disposing of solid waste for household collection must separate recyclable refuse and residual waste.
6.3 No person shall place or leave any non-recyclable materials in any recycling container or at any recycling station.

7. Days and hours during which a Council-owned and operated transfer station will be available for solid waste disposal and management

7.1 The minimum opening hours for Council-owned and operated transfer stations are:
a) Tongaporutu three hours per week.
b) Waitara 16 hours per week.
c) Okato nine hours per week.
d) Inglewood 10 hours per week.

7.2 Nothing in Appendix 1, clause 7.1 above shall refer to New Year’s Day, the day after New Year’s Day, Waitangi Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day and Boxing Day when the transfer stations will be closed.
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