The placement of bulk rubbish containers

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Policy and guidelines

Engineering Services

The placement of bulk rubbish containers (skips & bins) on council road reservations

Old Calder Highway

Keilor Victoria 3036

Ausdoc DX30315

T 9249 4000

F 9249 4351

W brimbank.vic.gov.au

E info@brimbank.vic.gov.au

Important Notice: This policy and guidelines is not applicable to building sites and demolition sites. Under no circumstances is the placement of bulk rubbish containers/skip bins permitted on Council road reservations at building sites and demolition sites. Council’s Local Law for building and demolition sites requires that bulk rubbish containers/skip bins to be placed inside the property boundary, within the perimeter fence. Breaches of Council Local Law can incur a penalty of up to $1000.00.

Introduction

The purpose of this Policy and guidelines is to ensure that appropriate industry standards are maintained within the Waste Management industry.

The Victorian Waste Management Association (V.W.M.A) represents businesses involved in waste management which covers sectors including operators dealing with bin hire ie. Bulk Rubbish Containers/Skip Bins.

A standard permit and accreditation system is currently being adopted by the majority of Councils, which has been prepared by the V.W.M.A., an industry body representing over sixty (60) companies who operate in the waste management area. The intention of VWMA is to work with each of the Councils to produce a fairer system where all companies meet the same conditions and take out the same permits, rather than the hit and miss system operated in the past. It is also intended that the changes tighten up the legal responsibilities of both Councils and contractors, particularly in the area of Public Liability.

The basis of the standard system is an “accreditation process” requiring the bin contractor to supply public liability details to Councils together with the adoption of standard fax permit forms.

As part of this process, the V.W.M.A. produced a “Bins and Skips booklet” for

Melbourne and Geelong Municipalities, June 1997, for distribution to all bin

Companies and Councils. This booklet lists information such as Council contacts, fees and systems in place. It also explains the standard permit system and the accreditation process, Council contacts, information and maps of each

Municipality, to produce a better outcome for residents, businesses, waste companies and Councils.

In addition VicRoads have now published a “Code of Practice for the Placement of Waste Bins on Roadsides”, January 2001. This Code of Practice provides guidelines for the safe placement and use of waste bins on footpaths, naturestrips and roads and in public places. It is endorsed by the V.W.M.A., the

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Municipal Association of Victoria (MAV), Local Government Professionals (LGPro) and VicRoads.

Definitions

“Bulk Rubbish Containers/Skip Bins”, means a waste bin, waste container or waste skip, is a container designed to be transported and placed within private property, a road reserve or on other land for the disposal of builders’ rubble, waste, tree loppings, household and other rubbish or earth.

“Supplier of Waste Bins” – an individual or organisation who owns, leases, rents or otherwise provides and is responsible for a waste bin, and hires it to the public.

“Hirer of Waste Bins” – an individual or organisation, who requests a supplier to deliver a waste bin to a location for a specified period of time.

“Driver/Transporter” – an individual who delivers a waste bin or picks up a waste bin from the premises on behalf of a supplier, either as an employee of a supplier or as a sub-contractor.

Retroreflective Tape” – a strip of retroreflective material (RRM) designed to reflect the light from vehicle headlights back to the driver, thus enabling the material to be highly visible at night.

“Road” has the same meaning as in the Local Government Act 1989. Roads under the control of or vested in the Council. Generally the section of road reservations between two abutting site boundaries.

Shipping containers” means a fully closed storage structure rectangular in area used to store goods for shipping import/export purposes are not permitted to be placed on Council’s Road Reservation at any time.

Council’s Local Law

Brimbank City Council, General Local Law 2008, clause 31 states “A person must not without a permit place or allow to be placed on Council property any waste container”.

A fixed penalty will apply if an Infringement Notice is issued. Higher penalties can apply if the offence is taken to court.

In addition, persons causing damage to Council assets will be required to make good.

Shipping Containers

Shipping containers are not permitted to be placed on Council’s Road

Reservation.

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The Permit

Note: Bulk rubbish containers/skip bins at building & demolition sites are not permitted to be placed on Council’s road reservation and must be placed within the work site perimeter fence. In this case application forms are not applicable.

A permit is required by the bin supplier responsible for the delivery and placement of Bulk Rubbish Containers/Skip bins on a road reserve (ie. On a road, footpath, crossing, naturestrip, lane etc.). This is necessary to protect the legal position of all parties: for example

• Councils who are responsible for roads and the safe placement of temporary obstructions

• Bin Supplier who needs the permit to lawfully place the waste bin on the

• roadway

Hirer of waste bin/s who require bins to be lawfully and safely placed.

• The Public who expect all parties above to exercise their duty of care in operating their business

Installed Bulk Rubbish Containers/Skip bins without permits, and which are shown to have caused or contributed to personal injury or property damage can result in complex and expensive legal action. The permit is valid when it contains an authorised signature.

The permit form is available from Council, which must be filled out by the

Contractor and can be either posted or faxed by both parties. A contractor must not place a bulk rubbish container/skip bins on a road without receipt of a permit number. Container location which is of concern, will be discussed with the applicant prior to issuing a permit.

Accreditation

It is Council’s preference (but not limited to) approved contractors who operate under the Victorian Waste Management Association (V.W.M.A.) standards, and accepts V.W.M.A. accreditation forms. Council insists that annual proof of public liability insurance be provided by permit holders, and that policies are current.

Current V.W.M.A. accreditation forms are acceptable.

Permit Fees and Periods

Permit Fees Options:

1.

$48.70 (GL 538) per bulk rubbish container drop, for individual permits on an one-off basis

2.

$178.50 (GL 538) for unlimited bulk rubbish container drops over a 12 month period

Note: Duration of the container on site for both permit options is not to exceed a period of one week.

1.

Provide Brimbank City Council with a certificate of currency for Public

Liability Insurance cover for a minimum of $10 million in the joint names of

Council and the applicant together with a cross liability clause

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2.

Indemnify Brimbank City Council against liability arising from activities authorised by the permits by completing an Indemnity Form that will be provided

Payments

Payments can be made at the Council offices at the time of Permit approval on an “as needs” basis or up-front payment for a 12 months permit for unlimited sites to accredited companies (you will be invoiced as required).

Application can be lodged at Council’s Customer Service Centres in person or by fax/email.

Restrictions and Conditions on placement of Bulk Rubbish Containers/

Skip Bins

Note: Bulk rubbish containers/skip bins at building & demolition sites are not permitted to be placed on Council’s road reservation and must be placed within the work site perimeter fence. In this case application forms are not applicable.

Bulk Rubbish Containers/Skip Bins (other than at building & demolition sites) must:

• Comply with Council’s General Local Law

• Protect Council assets

• Provide Brimbank City Council with a certificate of currency for insurance cover for a minimum of $10 million in the joint names of Council and the applicant together with a cross liability clause

• Indemnify Brimbank City Council against liability arising from activities authorised by the permits by completing the attached Indemnity Form

• Comply with VicRoads Code of Practice for the Placement of Waste Bins on

Roadsides – January 2001

• Comply with V.W.M.A. standards

Offences associated with Bulk Rubbish Container/Skip Bins deliveries

• Delivery and placement of a bulk rubbish container/skip bin without a permit

• Non compliance with any of the above restrictions and conditions of the permit

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