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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER W-4

AN ACT RESPECTING THE DISPOSAL OF WASTE MATERIAL

Analysis

1. Short title

2. Definitions

3. Application of Act

4. Powers of minister

5. Minister may establish area

6. Appointment of committee

7. Franchises

8. Waste disposal site to be declared

9. Duties and powers of committee

10. Use of waste disposal site

11. New systems

12. Municipal responsibility

13. Requirements for issuing certificate

14. Certificate of municipality required

15. Application for certificate

16. Appeal

17. Prohibition

18. Prohibition against removal of waste material

19. Order to bring system into conformity

20. Appeal against orders

21. Regulations

22. Payment into Consolidated Revenue Fund

23. Offences


Short title

1. This Act may be cited as the Waste Material Disposal Act.

1973 No82 s1

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Definitions

2. In this Act

(a) "area" means an area established as a waste material disposal area under section 5 and with respect to

(i) a committee means the area for which a committee is appointed, and

(ii) a franchise holder means the area in respect of which that franchise holder has entered into an existing agreement with the minister under section 7;

(b) "certificate" means a certificate of approval issued in accordance with section 15;

(c) "committee" means a waste material disposal committee appointed under section 6;

(d) "council" includes the St. John's Municipal Council, the Corner Brook City Council, the Mount Pearl City Council, and a town or community council or local service district committee constituted or continued under the Municipalities Act;

(e) "deputy minister" means the Deputy Minister of Environment and Lands;

(f) "franchise holder" means a person to whom the right referred to in section 7 has been granted under an agreement entered into under that section;

(g) "minister" means the Minister of Environment and Lands;

(h) "municipality" means the area in which a council exercises jurisdiction;

(i) "operator" means the person in occupation or having the charge, management or control of a waste disposal site or a waste management system;

(j) "owner" means a person that owns or is responsible for the operation of a waste disposal site or waste management system and in relation to a waste disposal site includes a committee and a franchise holder;

(k) "person" includes a council, firm, committee or franchise holder;

(l) "waste disposal site" means land or land covered by water upon which, or a building or structure in which, waste material is deposited;

(m) "waste management system" means facilities, equipment and operations for the management of waste, including the collection, handling, transportation, storing, processing, use and disposal of waste, and includes 1 or more waste disposal sites within such system; and

(n) "waste material" means

(i) refuse, garbage, rubbish, litter, scrap and discarded material, including tailings, offal, machinery, products, vehicles and other articles which are dumped, discarded, abandoned or otherwise disposed of,

(ii) a material or thing that may be a danger to the health of human beings, animals, wild life or fish, or is of unsightly appearance, and

(iii) a substance designated as waste material in the regulations.

1973 No82 s2; 1981 c10 Sch B; 1981 c85 s18;
1988 c35 s443(22); 1988 c43 Sch A

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Application of Act

3. (1) This Act does not apply to the storing or the disposal by a person of his or her domestic waste materials on property occupied by that person.

(2) Where the minister is of the opinion that the storing or disposal by a person of his or her domestic waste materials on property occupied by that person may constitute a danger to the health of human beings, animals, wild life or fish, or is of unsightly appearance, or otherwise creates a nuisance, the minister shall notify the person in writing of the opinion and upon the dispatch of the written notification and until the time that the written notification is withdrawn in writing, subsection (1) shall not apply to the storing or disposal.

1973 No82 s4; 1975-76 No63 s1

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Powers of minister

4. The powers, functions and duties of the minister under this Act are to

(a) establish, construct, take over and operate, or manage those waste disposal sites and waste management systems that the Lieutenant-Governor in Council may approve as being necessary or desirable to establish, construct, take over and operate, or manage in the public interest;

(b) investigate, promote, undertake or conduct research into the field of waste disposal;

(c) collect, compile, analyze and record statistical and other information relating to waste disposal and publish statistics reports, records and other information in his or her possession which the minister may consider useful to the public on matters pertaining to waste disposal;

(d) make grants for

(i) research and training in the field of waste disposal, and

(ii) the setting up or the development of waste management systems and waste disposal sites,

in the amounts and upon the terms and conditions that the Lieutenant-Governor in Council may approve;

(e) make arrangements or enter into agreements with the Government of Canada or of a province of Canada or with a department, agency or commission of the governments or with a council or other body or authority to the extent that he or she may consider desirable to achieve maximum efficiency in the field of waste disposal and waste management; and

(f) exercise and discharge those other powers, functions or duties that the Lieutenant-Governor in Council may assign.

1973 No82 s5

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Minister may establish area

5. (1) The minister may by order establish an area in the province other than a municipality as a waste material disposal area by the name of "The Waste Material Disposal Area of ..............................".

(2) An area may be defined by bounds, or name or by other means that the minister thinks appropriate.

(3) The minister may, by order, fix the rates to be charged for the collection of waste material within areas, fix different rates for different areas, and different rates for different classes of waste material, and prescribe the times at which those rates shall be paid.

(4) The minister may, by order, extend or reduce an area by amending an order made under subsection (1) or by revoking that order and substituting another order for it, and where an area is extended, this Act and those orders or regulations in force in the area immediately before the date of the extension apply to the extended area from that date.

1973 No82 s6; 1975-76 No63 s2

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Appointment of committee

6. (1) On or after making an order under subsection 5(1), the minister may appoint a committee for the area in respect of which the order was made and the committee shall be designated as "The Waste Material Disposal Committee for ................................".

(2) A committee shall consist of the number of persons that the minister determines, but not less than 5.

(3) The members of a committee shall hold office during pleasure or for the period that the minister may prescribe when he or she appoints them.

(4) A committee is a corporation.

(5) A committee may with the approval of the minister appoint the officers, clerks and employees that may be necessary for the conduct of its business and fix their remuneration.

1973 No82 s7

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Franchises

7. (1) Instead of appointing a committee under section 6, the minister may, on or after making an order under subsection 5(1), enter into an agreement with a person granting to that person the exclusive right to carry out the duties and exercise the powers set out in section 9.

(2) An agreement entered into under subsection (1) is subject to

(a) this Act and the orders or regulations applicable to the area, including an order fixing the fees to be charged for the collection of waste material; and

(b) other terms and conditions that may be specified in the agreement, including terms and conditions respecting the payment by the franchise holder to the minister for payment into the Consolidated Revenue Fund of the portion of the rates charged by the franchise holder that the regulations may prescribe.

1975-76 No63 s3

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Waste disposal site to be declared

8. (1) The minister may by order declare the land in an area that he or she defines in the order to be a waste disposal site within a waste management system and the order may be revoked, or, subject to obtaining the permission of the owner of private land as provided in subsection (2), amended.

(2) Land defined in an order made under subsection (1) may be

(a) Crown land; or

(b) private land where the owner of the private land has given written permission for the use of the land so defined as part of a waste management system of the land so defined.

(3) The committee or franchise holder in respect of a waste disposal site within a waste management system shall mark the site clearly by signs and indicate the boundaries of it.

1973 No82 s9

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Duties and powers of committee

9. (1) A committee or a franchise holder shall

(a) in accordance with the regulations,

(i) have responsibility for the operation of waste management systems in an area,

(ii) arrange for the collection at regular intervals of waste material from persons who live in the area and who pay the rate fixed by an order made under subsection 5(3),

(iii) arrange for the dumping of waste material in waste disposal sites forming part of waste management systems in an area, and

(iv) take those measures that the committee or the franchise holder considers necessary, or that may be prescribed by the regulations, to prevent waste material in an area from becoming a nuisance to the public, from having an unsightly appearance or from becoming a menace to health;

(b) collect the rates payable to the committee or franchise holder under this Act;

(c) out of money collected by the committee, or granted to the committee by the government, pay the salaries of persons appointed under subsection 6(5) and other expenses incurred in carrying out the committee's operations;

(d) out of money collected by a franchise holder, pay, subject to an agreement entered into under section 7, to the minister for payment into the Consolidated Revenue Fund the portions of rates prescribed by the regulations;

(e) take those measures that the committee or the franchise holder considers necessary to prevent persons from entering a part of a waste management system in an area for the purpose of removing waste material from it;

(f) submit to the minister at those times and in respect of those periods that he or she prescribes

(i) an audited balance sheet and audited statement of receipts and disbursements, together with the auditor's report on them, and

(ii) a report on the operation of the committee or the franchise holder; and

(g) carry out those orders that the minister may consider necessary to make for the better control and use of the waste management system in an area.

(2) A committee or a franchise holder may, subject to and in accordance with the regulations, make those arrangements that the committee or the franchise holder considers appropriate with persons or firms engaged in commercial or industrial enterprises in the area respecting the disposal by or on behalf of those persons or firms of waste material from those enterprises.

(3) Notwithstanding subsection 3(1) and without prejudice to an arrangement that may be made under subsection (2), the occupier of residential premises in an area shall pay to the committee or the franchise holder the rates fixed by an order made under subsection 5(3); and in this subsection "residential premises" means premises that are occupied wholly or partly for residential purposes.

(4) A sum due by an occupier under subsection (3) is a debt due to the committee or the franchise holder and is recoverable with costs by civil action in a court but, notwithstanding section 23, non-compliance by an occupier with subsection (3) of this section does not constitute an offence.

1973 No82 s10; 1975-76 No63 ss4&5

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Use of waste disposal site

10. (1) A waste disposal site within a waste management system in an area shall be used only for the dumping of waste material by a committee or a franchise holder or by another person with the permission of the committee or the franchise holder.

(2) Where there is a system of collection and rates for the collection of waste material in an area, residents of the area who are paying the rates may deposit material in a waste disposal site within the waste management system in the area by means of their own vehicles, without further charge.

1973 No82 s11

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New systems

11. A person shall not establish, alter, enlarge or extend

(a) a waste management system; or

(b) a waste disposal site,

unless a certificate has been issued to the owner by the minister.

1973 No82 s13

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Municipal responsibility

12. Where the minister reports in writing to the clerk of a council that he or she is of the opinion that it is necessary in the public interest that waste material be collected or a waste management system or a part of it be established, maintained, operated, improved, extended, enlarged, altered, repaired or replaced, the council shall immediately do those acts and things in its power to implement the report of the minister within the time specified.

1973 No82 s14

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Requirements for issuing certificate

13. (1) A certificate shall not be issued to an owner, other than a council or a committee, unless the owner has

(a) deposited a sum of money;

(b) provided a surety bond; or

(c) provided personal sureties,

in the amount and upon the conditions that the minister considers adequate to assure satisfactory maintenance of the waste management system or the waste disposal site or the removal of waste from the site where the minister considers the removal necessary.

(2) The deposit referred to in paragraph (1)(a) may be returned to the depositor upon the terms and conditions that the Lieutenant-Governor in Council may prescribe.

1973 No82 s15

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Certificate of municipality required

14. A certificate for the operation of a waste management system or the use of a waste disposal site within a municipality shall not be issued to an applicant, other than a council, unless the applicant provides proof that the waste management system or waste disposal site does not contravene the by-laws of the council in whose area of jurisdiction the waste disposal site is or is to be situated.

1973 No82 s16

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Application for certificate

15. (1) An applicant for a certificate to establish, alter, enlarge or extend a waste management system or a waste disposal site shall submit to the deputy minister an application for the certificate in the form prescribed in the regulations together with

(a) plans and specifications of the work to be undertaken;

(b) proof of compliance with subsection (2); and

(c) other information that the deputy minister may prescribe.

(2) The applicant, before the submission of an application under subsection (1), shall either

(a) publish a notice of his or her proposal to make the application in a newspaper having general circulation in the locality where the waste disposal site or waste management system is or is to be located or used once a week for 3 successive weeks; or

(b) serve by registered mail the application on the occupiers of property situated within 1 mile of the waste management system or waste disposal site.

(3) A person may before the expiry of 7 days after

(a) the date of the last publication of the notice required under paragraph (2)(a); or

(b) the date of service of the application required under paragraph (2)(b),

submit to the deputy minister in writing objections to the granting of the certificate.

(4) The deputy minister shall consider the application for a certificate and objections submitted under subsection (3) and make recommendations to the minister who shall, after considering these recommendations,

(a) issue a certificate, subject to the terms and conditions, including conditions as to duration of validity of them, that he or she may consider appropriate in the public interest; or

(b) refuse to issue a certificate where

(i) the application does not comply with this Act or the regulations, or

(ii) the waste management system or waste disposal site for which application is made does not or would not comply with the standards prescribed in the regulations for waste management systems and waste disposal sites or may create a nuisance or is not in the interest of public health or is or would otherwise be contrary to the public interest.

1973 No82 s17; 1975-76 No63 s6

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Appeal

16. (1) An applicant or other person aggrieved by

(a) the refusal of the minister to grant a certificate;

(b) the granting of a certificate by the minister; or

(c) the terms and conditions under which a certificate is granted,

may within 14 days from the date of the refusal or the grant appeal against the refusal, the grant or the conditions to a judge of the Trial Division by filing a notice of appeal in the office of the Registrar of the Supreme Court and by serving a copy of the notice of appeal on the deputy minister.

(2) Notwithstanding a rule or practice to the contrary, the notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds of appeal; and

(b) be signed by the appellant or his or her solicitor.

(3) The appellant shall, within 14 days after service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the deputy minister a written notice of the day appointed for the hearing.

(4) The minister shall produce before the judge hearing the appeal papers and documents in his or her possession affecting the matter of the appeal.

(5) The judge shall hear the appeal and the evidence brought forward before him or her by the appellant and the Crown in a summary manner and shall after considering the matters submitted to him or her decide the matter of the appeal by

(a) upholding, amending or revoking the grant or refusal of the minister, or the conditions imposed by him or her; or

(b) making another decision or order which the judge considers to be appropriate in the circumstances,

and with power also to make orders as to costs for or against the appellant or the Crown and to fix the amount of them.

(6) An appeal may be taken from an order or decision of the judge to the Court of Appeal upon a point of law raised upon the hearing of the appeal, and the rules governing appeals to that court from a decision of a judge of the Trial Division shall apply to appeals under this subsection.

1973 No82 s18; 1974 No57 Schs C&D;
1986 c42 Schs A&B

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Prohibition

17. (1) A person shall not

(a) deposit, pour, pump, empty or otherwise dispose of waste material upon land whether or not developed land or land covered by water or in a building or structure that is not a waste disposal site for which a certificate has been granted unless disposed of in a receptacle or container placed or located specifically for the purposes of collection; or

(b) use facilities or equipment for the collection, handling, transportation, storing, processing, use and disposal of waste material that is not part of a waste management system for which a certificate has been granted,

and in either case except in accordance with the terms and conditions of the certificate.

(2) Where the minister is satisfied that waste material has been deposited, poured, pumped, emptied or otherwise disposed of in violation of paragraph (1)(a), the minister may order

(a) the occupant or the person having charge and control of the land or land covered by water, or building or structure on or in which the waste material was so disposed; or

(b) the person who so disposed of the waste material,

to remove the waste material and restore the land, building or structure to a condition satisfactory to the minister.

(3) Where a person, upon whom an order is made under subsection (2), fails to comply with the order, the minister may do the necessary work and charge the person with the cost which may be recovered in court as a debt due to the Crown with costs.

1973 No82 s19

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Prohibition against removal of waste material

18. A person, other than a committee, council or franchise holder, subject however to the terms of an agreement made under section 7, shall not remove waste material from a waste disposal site without the prior written consent of the deputy minister.

1973 No82 s20

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Order to bring system into conformity

19. (1) Where the minister is satisfied that a waste management system or waste disposal site is not in conformity with or is not being operated or used in accordance with this Act, the regulations or a certificate, the minister may order the owner to take the action that is specified in the order to bring the waste management system or waste disposal site into conformity with or operate or use the waste management system or waste disposal site in accordance with this Act, the regulations or the certificate within the time specified in the order.

(2) Where an owner fails to comply with an order under subsection (1), the minister may do the necessary work and charge the owner with the cost of it which may be deducted from a deposit made under subsection 13(1), or may be recovered in a court as a debt due to the Crown.

1973 No82 s21

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Appeal against orders

20. A person or owner aggrieved by an order of the minister made under subsection 17(2) or section 19 may, within 14 days from the date of the order, appeal against the making of the order to a judge of the Trial Division by serving a copy of the notice of appeal on the deputy minister, and subsection 16(2) to subsection 16(6) shall apply with the necessary changes to an appeal made under this section as it applies to the appeals referred to in that section.

1973 No82 s22; 1986 c42 Sch A

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Regulations

21. (1) The Lieutenant-Governor in Council may make regulations

(a) prescribing the conditions under which committees or franchise holders shall exercise their respective duties and powers conferred by section 9;

(b) prescribing, subject to an agreement entered into under section 7, what portions of rates shall be paid over by franchise holders to the minister for payment into the Consolidated Revenue Fund;

(c) respecting the disposal of waste materials from commercial or industrial establishments either inside or outside areas and prescribing arrangements which persons may make with commercial or industrial enterprises within areas respecting the disposal of waste material from those enterprises;

(d) respecting the location, design and standard of construction, maintenance and use of waste disposal sites and the use and operation of waste management systems or part of a waste management system;

(e) designating waste materials by class, description or otherwise, and regulating or restricting the dumping of waste material in waste disposal sites either completely or by reference to the designation;

(f) classifying waste management systems and waste disposal sites and exempting a class of waste management system or waste disposal site from this Act, either completely or subject to the limitations or conditions that may be prescribed;

(g) respecting applications for certificates, prescribing the forms of application for them and the terms and conditions under which certificates may be issued;

(h) prescribing the measures to be taken to prevent waste material in a waste disposal site from becoming a nuisance to the public or from becoming of unsightly appearance or from becoming a menace to public health;

(i) regulating the inspection of waste management systems and waste disposal sites by officers, inspectors and employees of government and prescribing rights of entry and inspection by those officers; and

(j) generally, to give effect to the purpose of this Act.

(2) Regulations made under this Act may be made to apply to the whole of the province, or to those parts of the province that are specified in the regulations and different provisions may be made with respect to some or 1 or all committees, franchise holders, holders of certificates, areas, waste disposal sites or waste disposal systems or in respect of the same committee, franchise holder, holder of a certificate, area, waste disposal site or waste management system in different circumstances, different times or different locations.

1973 No82 s23; 1975-76 No63 s7

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Payment into Consolidated Revenue Fund

22. Money received by the minister under this Act shall be paid into the Consolidated Revenue Fund.

1973 No82 s24

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Offences

23. A person who violates this Act or the regulations, or the conditions of a certificate, or who violates an order made by the minister under subsection 17(2) or section 19 is guilty of an offence and is liable on summary conviction to a fine not exceeding $2,000 for every day or part of a day during which the offence occurs or continues.

1973 No82 s25

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