Policy for the Placement of Skip Bins on Public Land Sutherland Shire Council Council Online - IM/Policies IM/163345 - Policies & Forms - IM/Policy Placement of Skip Bins on Public Land Document review and approval This document has been approved by Name 1 Works Committee WKS24 2 Environment, Health and Regulation Committee Minute No Date approved 239 30 March, 1987 EHR030-14 16 September, 2013 3 Revision history Version Author Date Revision 1 Director Engineering 30 March, 1987 Original Version 2 Civil Assets Manager 1 May, 2012 Policy reviewed under annual review process. Policy is current but requires substantial review in the near future 3 Change Manager Civil Assets 17 May, 2013 Policy is to stand at the moment, however a draft updated report will be submitted to directors in June 2013 4 Manager Environmental Operations 1 September, 2013 Change Name from “Prevent Rubbish Skips and Dumpsters on Roads” to “Placement of Skip Bins on Public Land”. Policy completely replaced. Updated to provide clear guidelines and documented procedures to enable effective regulation to be undertaken. Council Online - IM/Policies IM/163345 - Policies & Forms - IM/Policy Placement of Skip Bins on Public Land Contents 1.Introduction ......................................................................................................................... 1 2.Definitions ........................................................................................................................... 1 3.Obtaining an Approval ......................................................................................................... 1 4.Legislative Requirements .................................................................................................... 1 5.Penalties For Not Obtaining Approval.................................................................................. 2 6.Maximum Size and Permitted Location of Bins .................................................................... 2 7. Safety Requirements .......................................................................................................... 3 8.Pollution Incidents ............................................................................................................... 3 9.Responsible Officer ............................................................................................................. 3 10.Public Access .................................................................................................................... 4 Council Online - IM/Policies IM/163345 - Policies & Forms - IM/Policy Placement of Skip Bins on Public Land 1. Introduction The aim of this Policy is to provide guidelines for the placement of Waste Storage Containers (commonly referred to as ‘Skip Bins’) on public land. Whilst it is preferable for Skip Bins to be placed wholly within private property, sometimes this is not possible due to site constraints. This policy will provide for skip bins to be placed on public land with Council approval ensuring that the safety of pedestrians and motorists is maintained and that the environment is protected. An application to Council will not be required for the placement of a skip bin on private property. Applications for approval to place a Skip Bin on public land will be subject to a fee depending on the size of the bin and length of time the bin will be in place. 2. Definitions In this policy a ‘Skip Bin’ is a waste storage container designed for the storage of construction waste/rubble, tree loppings, household or other rubbish, or soil, (but not putrescible or dangerous waste), pending its removal by truck to a waste transfer facility. 3. Obtaining an Approval The application form together with the applicable fee must be lodged at least 5 days prior to the intended date of placement. Failure to provide all relevant information required as part of the application may result in the assessment of the application being delayed and/or the application being refused. The approval from Council will be issued in writing. A copy of the approval must be kept on site. Approval will be granted for the placement of a bin on public land for a maximum of 10 days. If a longer period is required a new application must be lodged and the relevant fees paid. Despite any approval, Council reserves the right to order the removal of a Skip Bin if it is not placed in accordance with this Policy or if the bin (or associated activity) causes a risk to public safety or harm to the environment. Application fees will be as per Council’s adopted Schedule Fees and Charges. Note: Transporting of waste over or under a public place requires a separate approval under S68 of the Local Government Act 1993. 4. Legislative Requirements When determining an application for approval for placement of a Skip Bin on public land, Council will consider the following legislation and local codes or policies, where applicable: Local Government Act (LGA) 1993; Roads Act 1993; Road Transport Act 2013; Protection of the Environment Operations Act 1996; and Any other existing Council code, policy or plan. 5. Penalties For Not Obtaining Approval Section 68 Part C of the Local Government Act 1993 permits a waste storage container to be placed in a public place with approval. Failure to obtain approval is an offence under section 626 of the Local Government Act 1993. The maximum penalty is 20 penalty units or $2,200.00. Failure to comply with any of the requirements of this Policy or conditions of approval may result in enforcement action being taken. Enforcement action may include the issue of a Penalty Infringement Notice. This will be at the discretion of the Responsible Officer. Council may also terminate the approval and/or impound the Skip Bin. 6. Maximum Size and Permitted Location of Bins The maximum permitted sizes of Skip Bins that will be permitted on public land are: Location Max. Length Max. Width Footway or grass verge 7m 2.5m Road/carriageway 7m 1.7m Clearance Minimum 1.5 m clearance either side for pedestrian access. Skip Bin not to protrude into traffic lane or impede flow of water in the gutter Location Requirements Footpath/Nature Strip The placement of Skip Bins on a nature strip, footpath or other public area, within the Sutherland Shire will be permitted with the approval of Council. Council will not grant approval if the proposed location: a) has the potential to create the risk of injury to persons; b) obstructs access by emergency vehicles; or c) does not provide for safe pedestrian or vehicular access. Approval will only be granted for the placement of one Skip Bin on the nature strip / grass verge. The Skip Bin will only be permitted to be placed in the area immediately adjacent to the front boundary (between the prolongations of the side boundaries) of the subject property. Carriageway Skip bins will only be allowed on a carriageway where a car may be legally parked under the Road Rules 2008 (made under the Road Transport Act 2013, whether signposted or not. If it is proposed to place a Skip Bin within the road reserve of a road classified as arterial/sub-arterial under the Roads Act 1993 prior approval must be obtained from the Roads and Maritime Service (RMS). A copy of the RMS approval must be attached to the application for Council approval. Skip bins placed on a carriageway shall be parallel to the kerb at a sufficient distance from the gutter to prevent impeding the flow of water. 7. Safety Requirements Skip Bins placed on the carriageway of a public road must incorporate reflective tape on its outermost edges to ensure that it is visible to passing traffic at night. In locations where significant risk to pedestrian or driver safety is likely Council may require additional safety devices to be employed. Skip Bins must have the name of the supplier and a 24-hour contact phone number clearly indicated on the side of the container. Council will not allow bins without adequate identification to be placed in public places. 8. Pollution Incidents While a skip bin is situated on public land it is the responsibility of the applicant to ensure that all waste is safely contained within the confines of the bin and that no waste be allowed to spill onto public land. Council reserves the right to take action under the Protection of the Environment Operations Act 1997 against any pollution incident. This may include the issue of penalties and/or legal action. 9. Responsible Officer The Manager of Civil Assets is the Responsible Officer for the implementation of this Policy. The Responsible Officer is also responsible for review of the Policy. This will be undertaken on an annual basis in consultation with the Civil Assets Units and other key stakeholders where appropriate. 10. Public Access The Policy must be made available to the public on Councils website and hard copies shall be made available on request on request.