Wednesday, March 10, 2021

HRM owes us five million dollars

This is from By-Law S-600 of Halifax Regional Municipality.  It's hard to follow and, poorly written, but the conclusion is clear:

16.1 No person shall: 
(a) pick over, remove, disturb or otherwise interfere with any waste material that has been set out for municipal collection; 
(b) collect waste material placed for municipal collection; or 
(c) remove a container or organics collection cart placed at curbside. 
16.2 The prohibitions in Section 16.1 do not apply to the person who placed the waste material for collection or to the Municipality, its contractors or authorized Municipal collection contractors. 
16.3 No person shall export or remove solid waste material generated within the Municipality outside the boundaries of the Municipality and all such solid waste shall be disposed of within the boundaries of the Municipality and in accordance with this Bylaw. 
16.4 Notwithstanding subsection 16.3, the Municipality may export solid waste materials to licensed disposal facilities outside the boundaries of the Municipality only when the volumes of solid waste delivered to municipal facilities exceed the capacity of the facilities to handle the materials. 
16.5 For the purpose of 
(a) Section 16.3, “solid waste” means solid waste materials including but not limited to collectible waste, construction and demolition waste, mixed waste, and organic materials but does not include ICI waste; 
(b) Section 16.4, “solid waste” means solid waste materials including but not limited to collectible waste, ICI waste, construction and demolition waste, mixed waste, and organic materials but does not include, recyclable materials from industrial, commercial and institutional premises, international waste, pathogenic or biomedical waste, waste dangerous goods, hazardous waste materials, septic tank pumpings, raw sewage, industrial sludge and contaminated soils and solids as defined by appropriate regulatory bodies having jurisdiction from time to time and as determined by the Administrator or person designated to act in place of the Administrator. 
16.6 For greater certainty, and notwithstanding any provision in this By-law which directs otherwise, the property owner or occupant of premises which generate ICI waste may, either personally, or by employees, contractors or agents, export ICI waste outside the boundaries of the Municipality. 

Got  it?  

16.6 says it's OK to export ICI  waste ("autofluff")
The Minister-who-is-not-an-environmentalist says ""autofluff" is not an acceptable material for a C&D facility and must be disposed of at a 2nd generation landfill."
Therefore no autofluff at AHC&D
16.5(b) says "solid waste" does not include hazardous waste materials, defined elsewhere as "waste listed or characterized as hazardous by any federal or provincial law;"
Therefore no asbestos at AHC&D.

Penalties are significant.  $5000/day since 2007  Hmmm.

20.1 Any person who violates any provision of this By-Law is guilty of an offence and is liable on summary conviction to a penalty of not less than $200.00 and not more than $5,000.00 and in default of payment thereof to a term of imprisonment for not more than 60 days. Each day that a person commits an offence under this By-Law constitutes a separate offence. 
20.2 In addition to any fine or imprisonment imposed pursuant to subsection 20.1, the Court or judge may order the person convicted to pay all expenses incurred in correcting the contravention of the by-law or any damages associated with such contravention. 
20.3 Where any person is in contravention of any provision of this by-law, the Administrator may direct in writing that the contravention be remedied by that person in the manner and within the time specified in the written direction.

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