Bylaws

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.

NB The explanatory notes above and at points through the bylaw are not part of the bylaw.

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:

1. 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;
2. 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

1. The only receptacle to be used shall be of a type approved by the council or an authorised officer subject to the following:

   1. an authorised officer may in any particular case require or agree to an alternative method of waste disposal for any particular site;
   2. 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;
   3. 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.
2. No waste other than household waste shall be placed for collection in a household waste receptacle.

Recyclable items

3. No waste other than household waste shall be placed for collection in a recyclable item receptacle;

   1. 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

4. 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

5. 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

1. 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

2. unless notified by the council to the contrary, household waste and recyclable items shall be put out for collection:

   1. not earlier than 5.00pm on the day before collection day;

   2. 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).

   3. 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

3. 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

4. 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:

1. In the case of a nominal 120 litre wheeled bin - the gross weight of the bin and its content shall not exceed 30 kilograms.
2. In the case of a nominal 240 litre wheeled bin - the gross weight of the bin and its contents shall not exceed 60 kilograms.
3. 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.
4. 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;

1. 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:

1. shall be put out not earlier than the weekend prior to the day fixed for that collection;

2. 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;

3. shall be maintained by the person putting out the waste in the manner described in 22.4.2.b above until collected;

4. 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:

1. for the purpose of resale or business gain unless they are a collector licensed by council;

2. 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:

1. 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;
2. 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;
3. any acaricide, fungicide, herbicide, nematocide, pesticide, or poison, toxic substance, or similar substance or material:

   1. 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;

   2. which by reason of its chemical or biochemical properties may directly or indirectly adversely affect the environment;

4. any medical needles, syringes or other skin piercing devices;

5. 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;

6. any machinery or part thereof or any metal or other waste which could damage collection or disposal equipment;

7. any business waste except that covered under clause 22.10;

8. 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:

1. whether the interests of public health and cleanliness would be likely to suffer if a receptacle or receptacles were shared;

2. generally, the practicability of consented sharing of a receptacle between two or more separately occupied parts;

3. 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;

4. 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:

1. the council shall make such arrangements as it thinks fit for collection, transportation and disposal;

2. waste will only be taken from a previously agreed position at a time previously specified;

3. the council may impose such charges for the service as it may determine from time to time;

4. receptacles intended for the collection of business waste shall bear such colours or symbols as are approved by council;

5. a waste collector shall not be obliged to collect business waste which is not in an approved receptacle;

6. 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:

1. business waste shall only be put out for collection in places and at times and days that an authorised officer may approve:

2. 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;

3. 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;

4. 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:

1. enter or loiter therein;

2. deposit, disturb or remove any article, material or waste therein;

3. 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:

1. in any letterbox which is clearly marked "no circulars", "no junk mail", "addressed mail only" or with words of similar effect;

2. on any vehicle parked in a public place;

3. 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:

1. document from any government department or agency, local authority, network utility, political party or political candidate or any charity;

2. newspaper, community newspaper or community newsletter.