What is a compliance notice?
A written notice issued by the Waste Management Officer to any person contravening Bylaw
It will state:
(a) which provisions or conditions have been contravened
(b) what action is required in order to comply.
(c) what measures must be taken to rectify the contravention
(d) the period in which this must all done |
It can be served on any of the following persons
(a) any person who committed or permitted the contravention
(b) the generator of the waste
(c) the owner of the land or premises
(d) the person in control of the location at the time of the contravention
(e) any person with a right to use the land or premises at that stage of the contravention. So a ‘compliance notice’ is also a fine?
Yes. Some offences will result in fines - but not all.
The new Bylaw
has given the courts several options, including a prison sentence which means the waste generator and/or owner could be saddled with a criminal record. When is a compliance notice issued?
The Waste Management Officer issues a written compliance notice to any person contravening Bylaw
Compliance notices are also served on waste generators if hazardous or priority waste endangers any person or property. The written notification will require the persons responsible for generating such waste to cease operations and close until steps are taken to dispose of the waste. If necessary, the City will intervene, take the necessary action and recover all costs form the responsible individuals. What happens if I ignore a compliance notice?
Anyone who ignores a compliance notice issued by the Waste Management Officer is guilty of an offence and faces criminal prosecution.
Should anyone fail to comply with directions given in a compliance notice, the Waste Management Officer can arrange to clean up, remove and dispose of waste lawfully and to rehabilitate the site at which the waste has been illegally dumped or stored.
The Waste Management Officer will then recover all costs from those individuals whose legal responsibility it was in the first place.