Part 22 - Solid Waste
(2006)
Explanatory Note
The objective of this Bylaw is to ensure the effective and efficient
management and collection of household and household type waste by setting out
administration and collection procedures. It also seeks to put in place some
controls around the collection of business waste and to ensure that waste is not
dumped illegally on public or private land.
The council’s policy is to generally only collect waste of a domestic
household-type nature, not waste generated as a result of business activity, or
by a manufacturing or industrial processes. Generally each rateable property* is
entitled to a waste collection service, using council approved receptacles, for
both waste material for landfill and recyclable materials. However the actual
entitlement to waste and recycling collections is determined by council
resolution.
In situations where access to a site to collect or empty receptacles is
difficult or where the number of receptacles likely to be put for collection (eg
from multi-tenancy residential buildings) may be unreasonable, the council may
require other receptacles to be used for rubbish collection.
This Bylaw aims to protect the general public from waste creating a nuisance
or annoyance or becoming a danger to health and also provides for the protection
of waste collectors and the public by prohibiting hazardous materials being
placed out for collection.
It allows an authorised officer to fix the days and times for collection and
to authorise persons to collect waste within the City.
This Bylaw also allows the council to set out charges for the collection of
business waste if it provides such a service.
Provisions are included that require all collectors, transporters and
disposers of solid waste who handle in excess of 20 tonnes per annum to be
licensed by the council.
Reference should also be made to Part 1 - Bylaw administration
for definitions not found in this part.
* A receptacle shall be provided for each separately occupied
rating unit.
Contents
22.1 Interpretation
22.2 Maintenance of receptacles
22.3 Waste collection by council
22.4 Special collection of waste
22.5 Deposit of certain materials prohibited
22.6 Storage of waste and receptacles
22.7 Responsibilities of owners of residential buildings
22.8 Litter bins
22.9 Deposit of waste
22.10 Business waste
22.11 Waste disposal areas
22.12 Licensing of waste collectors
22.13 Unsolicited mail
22.1 Interpretation
22.1.1
In this Bylaw unless the context requires otherwise:
Approved receptacle means:
- in areas that have an established system using wheeled bins, a wheeled
plastic container of a type, size and design approved or provided by the
council;
- a metal or plastic container or a multi-wall paper or heavy grade
plastic bag manufactured for the purpose of holding waste approved or
provided by the council.
Waste means solid wastes generated as solids or converted to a solid form for
disposal that is unwanted and/or unvalued and discarded or discharged by its
owner. Waste includes: business waste, household waste, kitchen waste, garden
waste and recyclable items as defined below.
Business Waste means any scrap or waste material resulting from the carrying
on of any business, trade, market, manufacturing, servicing or processing
activity, or other undertaking.
Garden Waste means any compostable vegetative material which results from
domestic gardening activities but not tree trunks or limbs larger than 100mm
diameter and non-compostable material such as flax and bamboo. It does not
include animal products (eg. manure, feathers, carcasses) other than as an
occasional or incidental input, hazardous substances, material that presents a
bio-security risk, treated timber, household waste, recyclable items, business
waste, kitchen and municipal or business putrescible waste. It also excludes
soil other than soil attached to plant roots.
Hazardous Substance means any substance defined in Section 2 of the Hazardous
Substances and New Organisms Act 1996, which exceed the minimum degree of hazard
specified by the Hazardous Substances (Minimum Degrees of Hazard) Regulations
2000.
Household Waste means cold ashes, sweepings, dust, waste food, food
containers, or any other solid waste arising or resulting from domestic
housekeeping operations. It includes waste that the council has agreed to take
from retail premises, businesses and offices where the council provides a
collection service. It excludes garden waste, business waste, hazardous
substances, newspapers and recyclable items.
Kitchen Waste means food scraps or food waste resulting from the storage,
preparation or consumption of food.
Licensed Waste Collector means a person or company which has a licence from
the council to collect, transport or dispose of waste.
Public Place except for the purposes of Part 12 - Dog Control means every
road, street, footpath, court, alley, pedestrian mall, roadway, cycle track,
lane, accessway and thoroughfare, square, reserve, park, domain, beach,
foreshore and recreational ground under the control of the council.
Recyclable Items means glass and glass products, paper, rags and textiles,
metal cans, plastic products and such other materials, as may be publicly
announced by council from time to time.
22.1.2
Definitions for other words used in this
bylaw may be found in Part 1 of the Auckland City Consolidated Bylaw
1998.
22.2 Maintenance of receptacles
22.2.1
Except where an approved alternative method is in use,
every occupier of premises shall use an approved receptacle or receptacles for
holding waste prior to disposal. Any reusable receptacle shall be kept clean and
maintained in good repair by the occupier of the premises.
22.2.2
Each waste receptacle shall be used in a way which
protects the contents from spillage, rain, flies or vermin.
22.3 Waste collection by council
22.3.1
Subject to the provisions of Clause 22.4 relating to
special pick-up of waste, or to private collection permitted by clause 22.10.3,
the occupier of any premises served by a waste collection vehicle, authorised by
the council, shall not permit any accumulation of waste to be or remain on any
public place, unless put out for collection immediately outside the property
from which it comes and in accordance with the following requirements:
Approved receptacle to be used
-
The only receptacle to be used shall be of a type approved by the council
or an authorised officer subject to the following:
- an authorised officer may in any particular case require or agree to an
alternative method of waste disposal for any particular site;
- an authorised officer may restrict the number of receptacles able to be
put out for collection by any one site on any one collection day;
- an authorised officer may require alternative waste collection
receptacles to be provided in a readily accessible position, for collection
by council vehicles, on the kerbside or on the owner’s or occupier’s site.
- No waste other than household waste shall be placed for collection in a
household waste receptacle.
Recyclable items
-
No waste other than household waste shall be placed for collection in a
recyclable item receptacle;
- where no receptacle is used for recyclable items they must be secured in
such a manner as to prevent them being spread about by weather or animals;
Receptacle to be securely sealed
-
every paper or plastic bag or other approved disposable
receptacle shall be stapled or tied or otherwise sealed to prevent spillage,
or where wheeled bins are the approved receptacle, the occupier of any
premises shall ensure that any wheeled bin containing waste for collection
shall not be filled to an extent which prevents the lid from properly
closing or seating on the rim of the bin;
Use of damaged receptacles
-
a receptacle shall not be put out for collection
if it is torn, punctured or softened by prolonged exposure to moisture
or if for any other reason it is likely to collapse or split when reasonably
handled;
22.3.2
Waste collections by the council, apart from those
covered by 22.4 relating to special collections and clause 22.10.3, relating to
collections from business premises, shall be subject to the following
conditions:
Collection times to be publicly notified
- the days and approximate times for collection of
waste shall be specified from time to time by an authorised officer
and shall be publicly notified;
Collection of waste
- unless notified by the council to the contrary, household waste and recyclable items shall be put out for collection:
-
not earlier than 5.00pm on the day before collection day;
-
prior to 7.00am on the day of collection or in
special circumstances at such a time as may be individually notified
to affected properties;
(Neither the council nor any 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 7.00am on the day appointed
for collection in the area concerned, or in the case of special circumstances,
the time specified on the notification).
-
where wheeled bins are used then they shall be placed
on the kerbside in an upright position, facing the road with the wheels
placed away from the road and as close to the carriageway as possible,
without obstructing the footpath, parked cars or the carriageway.
Retrieval of uncollected waste
- uncollected waste must not be left in a public place
after expiry of the day fixed for collection. The person putting out
the waste for disposal shall be responsible for returning uncollected
waste to that person's property;
Retrieval of reusable receptacles
- reusable receptacles shall be removed from any public
place prior to 7.00am on the day following the collection day.
Weight limitations for receptacles
22.3.3
The occupier of any premises served by a waste collection vehicle authorised
by the council shall ensure that an approved receptacle complies with the
following maximum weight limitations:
- In the case of a nominal 120 litre wheeled bin - the gross weight of the
bin and its content shall not exceed 30 kilograms.
- In the case of a nominal 240 litre wheeled bin - the gross weight of the
bin and its contents shall not exceed 60 kilograms.
- In the case of a nominal 60 litre plastic or paper bag – the gross
weight of the bag and its contents shall not exceed 15 kilograms.
- In any case where an authorised officer has approved the use of any
receptacle of alternative capacity - such weight as an authorised officer
may specify.
22.3.4
If the gross weight of any wheeled bin, plastic or
paper bag put out for collection is greater than as specified under this Bylaw
the council or its contractor may decline to collect the waste;
-
in any such case it shall be the responsibility of
the occupier to remove any such overweight wheeled bin from any public place
and dispose of the waste contained in the bin.
22.3.5
Except with the permission of an authorised officer, or
when council provides a special pick up of waste from a public place, or as
permitted by clauses 22.3.1c(i) and 22.10.3 of this bylaw, no person shall place
or leave any waste in a public place except in a council approved receptacle for
collection by a council approved contractor,
22.3.6
Waste will only be collected from private roads if prior arrangements in writing have been entered into with the
council.
Garden waste
22.3.7
The 240 litre or 120 litre green-lidded wheeled bin provided by council shall only be used for the storage and
subsequent collection of garden waste material.
Assignment of receptacles
22.3.8
The 240 litre or 120 litre red-lidded wheeled
bin provided by council is assigned to the property and shall be left at the
property if the occupier moves.
Note: Council may recover the full cost of providing new waste or recycling
receptacles where it believes there have been previous requests from the same
property for their replacement.
22.3.9
All collectors of waste or recycled material shall
ensure that any spillage resulting from their waste collection activities is
picked up and placed in their collection vehicle.
22.4 Special collection of waste
Notification of special waste pick-up
22.4.1
The Council may from time to time provide special collection services for material not collected through the normal waste collection service. The period fixed for collection and the types, weights and dimensions of waste that will be collected shall be specified by an authorised officer and shall be publicly notified.
Placement of special pick-up waste
22.4.2
Items put out for council's special collection:
-
shall be put out not earlier than the weekend prior to the day fixed for
that collection;
-
shall be neatly stacked, and placed on a street
or grass berm, in a manner which does not endanger or obstruct pedestrians
street furniture, trees, parked cars or other persons passing by;
-
shall be maintained by the person putting out the
waste in the manner described in 22.4.2.b above until collected;
-
shall individually be no larger or heavier than
that specified in the public notice for the collection.
Uncollected waste to be removed
22.4.3
Uncollected waste must not be left in a public place after expiry of the period fixed for the special
collection of waste. The person putting out the waste for disposal shall be responsible for returning uncollected waste to that
person’s property.
22.4.4
No person shall place or leave out in any public place in connection with any special pick-up of waste
undertaken in accordance with the provisions of this clause, any material specified in clause 22.5.1.
22.4.5
No person shall remove any waste placed out for a
special collection:
-
for the purpose of resale or business gain unless
they are a collector licensed by council;
-
in a manner likely to cause an injury or a nuisance
or a scattering of waste.
22.5 Deposit of certain materials prohibited
22.5.1
No person shall deposit or permit to be deposited, for collection by the council or its agent:
-
any hazardous substance including asbestos or asbestos-containing material,
explosives, fireworks, firearms, batteries, hot ashes, flammable liquid,
highly flammable materials, infectious material, pressurised containers
(other than a pressurised container commonly used for containing domestic
products such as fly spray, hair spray and similar materials), or
radio-active material;
- any liquid, acid, paint, printers ink, oil, oil sludge, asphalt emulsion,
viscous fluid or similar product which if spilt in a public place may cause
damage or injury or result in pollution of the environment;
- any acaricide, fungicide, herbicide, nematocide, pesticide, or poison,
toxic substance, or similar substance or material:
-
which when swallowed, inhaled or otherwise absorbed
by the human body, is likely, by reason of its toxic properties, to
destroy life or to be injurious to health;
-
which by reason of its chemical or biochemical
properties may directly or indirectly adversely affect the environment;
-
any medical needles, syringes or other skin piercing
devices;
-
any broken glass, fluorescent light tubes, broken
crockery, china or other sharp articles unless they are wrapped to prevent
injury to any member of the public or any persons engaged in collection
or disposal work;
-
any machinery or part thereof or any metal or other
waste which could damage collection or disposal equipment;
-
any business waste except that covered under clause
22.10;
-
any effluent from chemical toilets.
Radioactive material disposal
22.5.2
Radioactive material shall be disposed
of in accordance with the provisions of the Radiation Protection Act
1965 and any regulations made pursuant to that Act.
Household hazardous waste
Note: Some types of household hazardous wastes may be disposed of through the “Hazmobile” service operated by the councils of the
Auckland Region.. Information on collection dates and locations as well as types of waste accepted may be obtained from
www.hazmobile.govt.nz or from the Auckland Regional Council on (09) 366-2000 or Auckland City Council on 379-2020.
22.6 Storage of waste and receptacles
22.6.1
Except in cases where disposable receptacles are used, waste shall not be packed tightly in receptacles.
Waste stored in non-disposable containers shall be stored in such a manner that the whole of the contents fall out easily and cleanly
when the receptacle is up-ended.
Storage of waste in vehicles
22.6.2
Except with the permission of an authorised
officer, no person shall park overnight, any waste collection vehicle
containing waste, in a residential street.
22.6.3
Waste and recycling receptacles shall not
be stored on public land nor left standing on public land except as
allowed under this bylaw to facilitate collection.
22.7 Responsibilities of owners of residential
buildings
22.7.1
The owner of a rateable property divided
into two or more tenancies, shall ensure, if requested by an authorised
officer, that sufficient approved receptacles for waste and recyclable material are provided to
serve all of the occupants of that property.
22.7.2
In considering whether to require extra
provision to be made in accordance with Clause 22.7.1, an authorised
officer shall have regard to the following:
-
whether the interests of public health and cleanliness
would be likely to suffer if a receptacle or receptacles were shared;
-
generally, the practicability of consented sharing
of a receptacle between two or more separately occupied parts;
-
whether the number of persons living or working
in two or more separately occupied parts is such as to necessitate the
provision of a receptacle for each part;
-
any requirements of clause G15 of the New Zealand
Building Code.
22.7.3
Notwithstanding clause 22.3.1 an authorised officer may in any particular case agree to or require an
alternative method of waste disposal for the site, if its location or the number of receptacles put out for collection render the use
of such receptacles impractical.
22.7.4
The owner of every residential building
shall ensure that no undue accumulation of waste is permitted to remain
in or about that building.
22.7.5
The owner of every multi-tenancy residential building
shall ensure that within the boundaries of the property the building sits on,
there is suitable provision for the storage of waste and that there is access
for collection vehicles, should the method of waste disposal require this.
22.8 Litter bins
22.8.1
No person shall deposit household waste,
garden waste or business waste in a litter bin provided in a public
place for the use of the public frequenting that area.
22.9 Deposit of waste
22.9.1
The owner or occupier of any property must not permit or suffer any accumulation of waste in or about that
property to be or become unsightly , offensive, a nuisance or injurious to health.
22.9.2
Any breach of Clauses 22.3.1, 22.3.4,
22.3.5, 22.4.2, 22.4.3, 22.4.4, 22.5.1, 22.7.4, 22.8.1, 22.9.1, 22.10.3 or 22.10.4 shall be treated by the council as a deposit
of litter for the purposes of the Litter Act 1979.
22.9.3
No person shall deposit waste from their property into
a waste receptacle assigned to another property.
22.9.4
It shall be an offence under this bylaw for any person to deposit any waste on any public or private land,
other than their own, except for consented private waste disposal areas and as provided for in clauses 22.2 to 22.14.
22.10 Business waste
Prior arrangement required
22.10.1
Business waste will only be collected
by the council or its agent if prior arrangements in writing have been
entered into with the council.
Conditions for collection
22.10.2
The following conditions shall apply where
the council agrees to accept business waste for disposal in accordance
with Clause 22.10.1:
-
the council shall make such arrangements as it thinks
fit for collection, transportation and disposal;
-
waste will only be taken from a previously agreed
position at a time previously specified;
-
the council may impose such charges for the service
as it may determine from time to time;
-
receptacles intended for the collection of business
waste shall bear such colours or symbols as are approved by council;
-
a waste collector shall not be obliged to collect
business waste which is not in an approved receptacle;
-
any occupier of premises producing business waste
shall have the option of making separate arrangements for the collection
and disposal of such waste.
Receptacles on Public Space
22.10.3
Business waste may only be put out on
the street or other public land for private collection where the following
requirements are met:
-
business waste shall only be put out for collection
in places and at times and days that an authorised officer may approve:
-
recyclable items shall be either contained in a suitable receptacle or
secured in such a manner as to prevent them being spread about by weather or
animals;
-
all reusable receptacles for business waste shall be clearly marked with
the business name and street address of the business putting them out for
collection and the name of the collection company providing the collection
service;
-
council shall have the right to remove any waste or recycling receptacles
left on the street or public land in contravention of clause 22.10.3(a),
once a notice to remove has been delivered to the business concerned and a
period of 4 hours has elapsed.
Undue accumulation
22.10.4
A person carrying on any business, manufacturing or
other undertaking shall not cause, permit, or suffer any undue accumulation of
business waste to remain in or about any premises occupied by that person.
22.10.5
Where in the opinion of an authorised officer an
accumulation of business waste exists in or about premises to an extent that is
or is likely to be offensive, injurious to health or to harbour vermin or is
likely to create a fire hazard, a notice in writing may be served on the
occupier requiring its removal and disposal within the period specified in the
notice.
22.10.6
The owner or operator of every commercial building
shall ensure there is suitable provision for the storage and collection of waste
and recyclable material, including reasonable access for collection vehicles
within the boundaries of the property the building sits on and that this area is
kept clean and free from vermin.
22.11 Waste disposal areas
22.11.1
The council may set aside any area or
premises for the storage, reuse, recycling, recovery or disposal of
waste.
22.11.2
The council may by resolution publicly notified set fees and charges for the disposal of various types and
categories of waste at council owned, operated or provided waste disposal
areas, including the Waiheke Waste Transfer Station in Ostend Rd, Waiheke
Island and the Great Barrier Landfill in Claris, Great Barrier Island.
22.11.3
In respect to a council owned, operated
or provided waste disposal area, unless authorised by the council and
then only subject to any conditions imposed by it, no person shall:
-
enter or loiter therein;
-
deposit, disturb or remove any article, material
or waste therein;
-
deposit any waste material specified in clause 22.5.or
any other waste which the council may from time to time specify.
22.12 Licensing of waste collectors
Waste collectors must be licensed
22.12.1
No person shall, collect, transport or
dispose of more than 20 tonnes per annum of waste within the district
of Auckland city without a licence from the council to do so.
22.12.2
Applications for a licence pursuant to
clause 22.12.1 shall be made on the prescribed form, include the prescribed
fee, describe the activities to be undertaken, and provide any information
that the council may require to enable the processing of the application.
22.12.3
Licences to collect, transport or dispose
of waste shall be at the discretion of the council, which may set any
conditions it thinks reasonable including but not limited to requirements
to keep records of waste types collected and weighbridge receipts including
tonnage.
22.13 Unsolicited mail
22.13.1
No person shall deposit , cause, permit
or authorise the deposit of any unsolicited mail, circulars, leaflets,
brochures or flyers:
-
in any letterbox which is clearly marked "no circulars",
"no junk mail", "addressed mail only" or with words of similar effect;
-
on any vehicle parked in a public place;
-
in a letterbox that is already full of mail and/or
advertising materials
22.13.2
Clause 22.13.1 shall not apply to any:
-
document from any government department or agency, local authority, network utility, political party or political candidate
or any charity;
-
newspaper, community newspaper or community newsletter.
