Solid Waste Management (Garbage) Disposal Laws in BC

26 (1) In this section, "waste hauler" means

  (a) a municipality that picks up, delivers, hauls or transports municipal solid waste, or

  (b) a person who, on a commercial basis, picks up, delivers, hauls or transports municipal solid waste.

(2) In addition to its other powers, a regional district may, by bylaw, exercise one or more of the following powers in relation to the collection and disposal of municipal solid waste generated within its area or within a municipality that has contracted with the regional district for the disposal of municipal solid waste from the municipality:

  (a) setting fees payable by persons who use the services of a waste hauler or by generators of municipal solid waste;

  (b) setting levels of fees based on

      (i) the quantity, volume, type or composition of municipal solid waste generated,

      (ii) the fees charged by the applicable waste hauler for its services, or

      (iii) any other criteria prescribed by regulation;

  (c) varying fees by class of persons, operations, activities, industries, trades, businesses, works, sites
      or municipal solid wastes;

  (d) requiring waste haulers to

      (i) act as agents of the regional district when collecting fees under this section,

      (ii) remit fees to the regional district in accordance with the bylaw,

      (iii) maintain records in accordance with the bylaw, and

      (iv) permit an employee or agent of the regional district to inspect and make copies of
          these records during the waste hauler's normal business hours;

  (e) setting conditions respecting the collection and remittance of fees by waste haulers and
       setting compensation payable to the waste haulers for this service;

  (f) establishing fines for failure to comply with a bylaw made under this section.

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Bylaw approval or amendment

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(2) If the minister considers it necessary in the public interest, the minister may require a regional district or the Greater Vancouver Sewerage and Drainage District to amend, suspend or cancel a bylaw or part of a bylaw, or any authorization given under a bylaw made under section 25 [authority to manage municipal solid waste and recyclable material in regional districts], 26 [municipal solid waste disposal fees], 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts].

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Delegation of powers

35 (1) For the purposes of sections 25 [authority to manage municipal solid waste and recyclable material in regional districts], 26 [municipal solid waste disposal fees], 32 [disposal of municipal solid waste in Greater Vancouver] and 33 [disposal of municipal solid waste in other regional districts], a regional district may, by bylaw, delegate to an officer or employee of the regional district the power to perform the functions and duties of the regional district in bylaws made under those sections.

(2) For the purpose of sections 25 [authority to manage municipal solid waste and recyclable material in regional districts], 26 [municipal solid waste disposal fees] and 32 [disposal of municipal solid waste in Greater Vancouver], the Administration Board of the Greater Vancouver Sewerage and Drainage District may, by bylaw, delegate to an officer or employee of the Greater Vancouver Regional District the power to perform the functions and duties of the Greater Vancouver Sewerage and Drainage District in bylaws made under those sections.

(3) A bylaw referred to in subsection (1) or (2) must include an appeal mechanism from a decision of the officer or employee.

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Conflicts between this Act and bylaws, permits, etc. issued by a municipality

37 (1) Despite the Community Charter, the Local Government Act, the Vancouver Charter or the Greater Vancouver Sewerage and Drainage District Act,

(a) a bylaw of a municipality, other than a bylaw under section 30 [sewage in regional districts], 31 [control of air contaminants in Greater Vancouver], 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts], or

(b) a permit, licence, approval or other document issued under the authority of a municipal bylaw

that conflicts with this Act, the regulations, an approved waste management plan or a permit, approval or order under this Act is without effect to the extent of the conflict.

(2) A bylaw under section 30 [sewage in regional districts], 31 [control of air contaminants in Greater Vancouver], 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts] that conflicts with this Act, the regulations, an approved waste management plan or a permit, approval or order, other than one issued by a district director, is without effect to the extent of the conflict.

(3) A permit, approval or order issued by a district director that conflicts with this Act, the regulations, an approved waste management plan or a bylaw under section 30 [sewage in regional districts], 31 [control of air contaminants in Greater Vancouver], 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts], is without effect to the extent of the conflict.

(4) A bylaw of a municipality that conflicts with a bylaw under section 30 [sewage in regional districts], 31 [control of air contaminants in Greater Vancouver], 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts], is without effect to the extent of the conflict.

(5) For the purposes of subsections (1) to (4), a conflict does not exist solely because further restrictions or conditions are imposed by the bylaw, permit, licence, approval, order or other document, unless the minister by order declares that a conflict exists.

(6) Despite the Local Government Act and the Vancouver Charter, if

    (a) a bylaw of a municipality purports to zone land for a use, or

    (b) a land use contract under the Local Government Act purports to restrict the use of land to a use

that would not allow the land to be used for the purpose allowed under a permit, approval or order issued in respect of the land or an approved waste management plan respecting the land, the Lieutenant Governor in Council may, by order, suspend the operation of the bylaw or contract to the extent the Lieutenant Governor in Council considers necessary to enable the rights given by the permit approval or order to be exercised.

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Regulations for purposes of Part 3

38 (1) Without limiting section 138 (1) [general authority to make regulations], the Lieutenant Governor in Council may make regulations as follows:

(a) respecting the development, content, amendment, approval and review of waste management plans and operational certificates;

(b) establishing municipal solid waste reduction targets for the purpose of assessing waste management plans;

(c) prescribing the criteria for setting fees for the purposes of section 26 (2) (b) (iii) [municipal solid waste disposal fees].

(2) Section 139 [regulations — general rules] applies for the purpose of making regulations under this section.

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Division 2 — Area Based Management

Area based management plans — plan development

89 (1) If the minister considers it advisable for purposes of environmental management in an area, the minister may, by order,

(a) designate the area for the purpose of developing an area based management plan for the area, and

(b) establish a process for the development of the area based management plan for the designated area.

(2) An order under subsection (1) may, without limitation,

(a) establish who is to be responsible for preparing the area based management plan,

(b) establish the terms of reference for the plan or authorize the preparation of some or all of the terms of reference subject to the approval of the minister,

(c) require the establishment of a technical advisory committee in relation to the development of the plan, and

(d) require the participation in the development of the plan by specified licensees, permit holders or other persons the minister considers will be affected by the plan.

(3) The terms of reference for an area based management plan must include

(a) the purpose of the plan,

(b) the issues to be addressed in the plan,

(c) a process for public and stakeholder consultation,

(d) if a management plan under another enactment is proposed or exists in relation to the same area, directions for coordination with persons responsible for that plan, and

(e) a time limit for completing the plan.

(4) Without limiting subsection (2) (b), the terms of reference for an area based management plan may include consideration of any of the following:

(a) the impact of point and non point sources of waste;

(b) cumulative impacts of point and non point sources of waste;

(c) the economic and social costs and benefits of addressing risks to the environment through treatment;

(d) environmental management objectives and outcomes for the area;

(e) ongoing monitoring and reporting required to implement the plan.

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Approval and effect of area based management plan

90 (1) The minister may approve, with or without amendment, an area based management plan ordered under section 89 [area based management plans — plan development].

(2) For the purpose of implementing an approved area based management plan, the minister, by order made applicable in relation to all or part of the designated area for the plan, may require that persons making decisions or classes of decisions under this Act consider the plan in making the decisions.

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Publication obligations

91 The minister must publish in the prescribed manner

(a) on the making of an order under section 89 (1) [area based management plans — plan development], the order, and

(b) if an area based plan is approved under section 90 [approval and effect of area based management plan], the plan and any order under section 90 (2).

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Division 3 — Regulations for Part 7

Regulations for purposes of Part 7

92 (1) Without limiting section 138 (1) [general authority to make regulations], the Lieutenant Governor in Council may make the following regulations:

(a) respecting requirements and procedures for the reporting of matters referred to in section 79 (5) [spill prevention and reporting];

(b) in relation to section 80 [spill response actions],

(i) respecting the determination of reasonable costs of spill response actions under that section, and

(ii) respecting the apportionment of reasonable costs of spill response actions among persons who may be liable to pay those costs;

(c) respecting the publication required under section 91 [publication obligations].

(2) Section 139 [regulations — general rules] applies for the purpose of making regulations under this section.
 

Ministry of Environment - Environmental Protection Division - Environmental Management Branch Section

Landfill Criteria For Municipal Solid Waste

June 1993

3.1 Sanitary Landfills

Sanitary Landfills are defined as disposal facilities which are normally, but not necessarily, located in areas serving populations of 5,000 or more people and which may accept all types of municipal solid wastes. Sanitary landfills are normally required to comply with all the criteria for landfill siting, design, operation and closure.

3.2 Modified Sanitary Landfills
Modified Sanitary Landfills are defined as disposal facilities which may accept all types of municipal solid wastes. These facilities are normally but not necessarily located in areas serving populations of fewer than 5,000 people where a regional or cooperative waste disposal system with neighbouring communities may not be practical or feasible.

5. Siting Criteria (M)
Landfill siting requires a detailed site location investigation which addresses all the issues outlined below and on Schedule 1, Table 1 which includes water contamination, air pollution, wildlife conflicts, as well as transportation, social and economic factors. The information provided in Table 1 is intended solely as guidance for proponents in their siting activities. Concerns associated with each of the broad categories of impact are presented along with the impacted receptor and exposure pathway. The landfill design, operation and closure requirements discussed in Sections 6, 7 and 8 provide additional constraints to the siting process.

7.6 Waste Measurement
The quantity of all wastes received at landfills which service a population of 5,000 or more or which receive more than 5,000 tonnes/year of waste should be measured by a method approved by the Manager. For municipal landfills serving a population greater than 10,000 or more or which receive greater than 10,000 tonnes/year and for all private landfills, weigh scales are recommended.

The federal government requires that weigh scales used to assess charges related to the weight of a commodity be accurate and sensitive to the range of weights being measured. A weigh scale accurate for measuring typical commercial waste vehicles and/or containers (loaded weight as well as tare weight) may not be accurate for measuring waste loads brought to the landfill in smaller vehicles such as pickup trucks and private automobiles. If fees are being contemplated for small loads, the accuracy of the scales for measuring these smaller weights should be confirmed with the federal department of Consumer and Corporate Affairs-Weights and Measures. Alternatively, charges for these loads could be based on typical load sizes according to type of vehicle rather than on a direct measure of weight.