FILE No. 977 01/27 ’97 14:51 ID: 16139542073 PAGE 3 BY-LAW NO. 1, 1997 of the Cowichan Indian Band Cowichan Waste Management By-law Since it is expedient for the purposes of protecting the well-being of the residents of this First Nation from the health hazards associated with the dumping of waste within the lands of this First Nation; and Since paragraphs (a), (d), (q), and (r) of Section 81(1) of the Indian Act R .S .C 1985, empower the Council of Cowichan Indian Band to enact by-laws respecting the health of residents on the reserve and any matter ancillary thereto, and for the imposition of a penalty for a violation therefor; N O W TH E R E F O R E the Council of Cowichan Indian Band enacts the following by-law; Short Title This by-law may be cited as the "Cowichan Indian Band Waste Management By-law". Interpretation 2. In this by-law; (a) “Band" means the Cowichan Indian Band; (b) "Council" means the Council, as defined in the Indian Act, of the Indian Band; (c) " Agricultural waste" includes animal and human manure, and agricultural vegetable waste; (d) " Household waste" means material disposed by residents in the course of their daily activities at home and by commercial businesses, as a result of normal operating activities, excluding industrial or hazardous waste;
FILE No. 977 01/27 ’97 14:51 ID: 16139542073 PAGE 4 (e) " Nuisance" means any act or activity that impairs by direct physical interference the use and enjoyment of a person's property or could prejudicially affect a persons health or comfort, including: (i) the indiscriminate throwing or dumping of household and/or agricultural waste on roads and road allowances; (ii) the emission of smoke from the burning of tires, construction materials, household wastes or waste; (f) "Officer" means any peace officer or any other person assigned by the Cowichan Indian Band Council to administer and enforce the provisions of the by-law; (g) "Reserve" means the reserves of Cowichan Indian Band and includes the Bands’ Reserves No. 1 through Number 9; (h) " Resident" means a person who (i) has their principal residence on reserve; or (ii) is authorized to reside on reserve pursuant to the Indian Act: (i) "Waste" means all waste other than household waste and agricultural wastes, including industrial wastes, liquid and semi-liquid substances, landfill, construction debris, scrap metals, of all kinds and any combination thereof. Exclusion of Dumping 3. No person shall dump agriculture, household or any other waste materials on Reserve lands. Application of Agricultural Wastes 4. No person shall apply agricultural wastes, unless it is immediately incorporated into the soil. 5. No person shall apply agricultural wastes under the following conditions (a) under conditions precluding its incorporation into the soil. (b) at rates of application that exceed the amount required for crop growth, (c) if runoff or leaching of agricultural waste causes pollution of a watercourse or of groundwater. PI
FILE No. 977 01/27 ’97 14:52 ID: 16139542073 PAGE 5 Certificate of Transport 6. No person shall transport agricultural or any other waste onto the Reserve without a) first, completing a Certificate of Transportation Application Form; (see schedule "A", attached); b) being in possession of a Certificate of Transport as authorized by Council and signed by the Officer (see Schedule "B", attached). 7. A Certificate of Transport shall specify; (a) the type of vehicle used to transport the waste; (b) the date and route of transport; (c) the type and amount of waste being transported; and (d) any other appropriate condition as determined by Council. Cancellation of Permits 8. If the holder of a certificate issued pursuant to section 6 a) applies agricultural wastes under unfavourable conditions b) varies the type of wastes being transported c) exceeds the amounts specified d) causes environmental damage The Council may cancel the certificate and order the holder of the certificate to clean up the land on the reserve. 9. Notwithstanding section 6, everyone who is a resident on Reserve may transport household waste to an approved sanitary landfill without a Certificate of Transport.
FILE No. 977 01/27 ’97 14:52 ID: 16139542073 PAGE 6 The Burning of Household Waste 10. The burning of household waste by a resident shall be done in a manner so as not to impair by direct physical interference, the use and enjoyment of a persons' property or prejudicially affect a persons health or comfort and shall be done as follows; (a) in a container such as a drum where the container is; (i) cleaned of any hazardous inner coating before initial use; (ii) in good repair (iii) ventilated consisting of holes punched at the base of the burning area; (iv) located in a clearing a reasonable distance from any structure, timber or vegetation (b) so as not to cause harm to the neighbours property;and (c) material burned shall be household waste that is dry and does not include any hazardous materials such as plastics, paints, aerosols, etc. Officer 11. The Council may, by resolution, appoint one or more officers to administer and enforce this by-law; Enforcement 12. No person shall interfere with or obstruct an officer acting within the lawful execution of his/her duties under this by-law. 13. An officer, acting under the direction of Council, may order any person who causes or threatens to cause a nuisance on-Reserve to refrain from such activities, or to abate the nuisance within a reasonable timeframe. 14. In determining a reasonable timeframe, Council shall take into account ; (a) the nature and extent of the nuisance; (b) the methods available to abate the nuisance; and (c) the approximate time required to abate the nuisance. (4)
FILE No. 977 01/27 ’97 14:52 ID: 16139542073 PAGE 7 15. Where, at any time, an officer has reasonable grounds that a person is violating a provision of this by-law, the officer may, on reasonable notice to that person, inspect the area where he believes the violation is occurring Offenses and Penalties 16. Everyone who is found creating or causing a nuisance is guilty of an offence under this by-law and is liable to a fine not exceeding one thousand dollars ($ 1,000 ) and / or imprisonment for a term not exceeding thirty days, for each contravention of this by-law. 17. Every person who contravenes any of the provisions of this by-law is guilty of an offence and is liable to a fine not exceeding one thousand dollars ($1,000 ) and / or imprisonment for a term not exceeding thirty days, for each contravention of this by-law. 18. Pursuant to section 13, if a abatement order is given by an "Officer", for each day that passes, an additional contravention of this by-law occurs. Additional Enforcement Measures 19. (1) Where this by-law is contravened and a fine is imposed, in addition to remedy described in sections 16 and 17 of the by-law, the Band Council may make an order pursuant to section 81(2) of the Indian Act, prohibiting the continuation or repetition of the offence by the person convicted. (2) Where this by-law is contravened, such contravention may be restrained by a court action pursuant to section 81 (3) of the Indian Act, at the demand of the presiding Council. (5)
FILE No. 977 01/27 ’97 14:52 ID: Be it known that this by-law entitled "Cowichan Indian Band Waste Management By- L a w ” is hereby enacted by the Council of the Cowichan Band of Indians at a duly convened meeting of the said Council held on the 19 9 _2 -C * ‘ r t i / Chliieeff/' A quorum of the Band consists of five members. (6)16139542073 PAGE 8 p, |vr day of J a n u i r i »-<a d Councillor IWukfA Ÿ t] m fr Councillor y Cou s nc e ill , or Councillor Councillor Councillor
FILE No. 977 01/27 ’97 14:52 ID: 16139542073 PAGE 9 SCHEDULE ’A* COWICHAN INDIAN BAND CERTIFICATE OF TRANSPORT APPLICATION FORM 1. Applicant's Name in F u ll:______________________________________ 2. Permanent Address: ______________ __________________________ 3. Phone Number: (Home) (Work) 4. Driver's License No. 5. OccuoationATvoe of Business: 6. Date of Transport: 7. Type of Vehicle to be Used for Transport: 8. License Number of Vehicle: 9. Type of Waste Being Transported: 10. Amount of Waste Being transported (approximate weight): 11. Originating Site of Waste Pickup (Address): 12. Destination of Waste— Lot: Reserve: 13. Proposed Route of Transportation: (7)
FILE No. 977 01/27 ’97 14:53 ID: 16139542073 PAGE 10 SCHEDULE 'B' COWICHAN INDIAN BAND CERTIFICATE OF TRANSPORT Name:.___________________________________________________________________________ Address:__________________________________________________________________________ is hereby authorized, pursuant to Section 6 of the Cowichan Indian Band Waste Management By-Law to transport: (amount of waste) (type of waste) waste bv use of (vehicle type) (license number) to be applied on Reserve: Lot: Route: This certificate is subject to the following restrictions: 1.________________________________________________ 2. _________________________________________ 3 . ___________________________________________ 4 . ___________________________________________ 5 . ___________________________________________ I hereby agree upon issuance of this certificate of transport to follow the terms and conditions as set out in the Cowichan Indian Band Waste Management By-Law. Date Signature of Applicant Date Signature of By-Law Officer (8)
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