Agenda Item No.: D.2.a. Garbage Receptacle on Construction sites (J. Melnychuk) Recommendation: That the August 25, 2003, Planning and Development Department report be received for information. Report Summary This report is in response to an administrative inquiry on garbage receptacles. Previous Council/Committee Action At the June 17, 2003, City Council meeting, Councillor J. Melnychuk made the following inquiry: “It has come to my attention that there are no legal requirements to place a garbage receptacle on an active construction site. I would like an Administrative report on the following: 1. Is this true? 2. Would it be feasible for the City to require a garbage bin on all construction sites? 3. What steps would need to be taken in order for the City to require a garbage bin on all construction sites? 4. Provide any other relevant information. I would like the report to come back to the Community Services Committee.” Report Under the Municipal Government Act the City is granted authority to establish and maintain a system for the collection, removal and disposal of waste. The Solid Waste Bylaw 6903 regulates storage and collection of waste containers and material, but makes no Routing: Delegation: Written By: August 25, 2003 File: 2003PDD021 Community Services Committee Mark Garrett David Aitken Planning and Development Department (Page 1 of 2) provision for the placement of garbage receptacles on construction sites. Development Compliance Branch has reservations about the feasibility of requiring garbage bins on all Edmonton construction sites. These concerns relate to defining and tracking construction activity, building industry apprehension, monitoring and enforcement, availability of bins, aesthetics and bin placement. To use a definition such as “construction site” to facilitate the monitoring and inspection of litter and waste levels would have difficulties. Although the City issues development permits and building permits for both minor and major commercial and residential development there are many types of construction activity not covered that contribute to garbage and litter and would be difficult to track. Trying to develop language that allows identification of a site and responsible party(s), without being overly broad or narrow raises a number of issues regarding interpretation and bylaw application. The Law Branch also noted issues drafting a bylaw to capture active versus non-active sites, internal or external construction, utility or industrial construction. The Greater Edmonton Home Builders Association (GEHBA) in discussion with the Development Compliance Branch suggests continuation of existing bylaw enforcement, improved communication and industry education. They believe the current number of municipal bylaws are able to deal with blowing litter and garbage storage without the need for mandatory garbage receptacles. The GEHBA regularly D 2 a Garbage Receptacle on Construction sites (J. Melnychuk) encourages its members to effectively and professionally manage their businesses and construction waste. Reminders are made at regular meetings and information is circulated to over 350 member firms in monthly newsletters. Municipal enforcement staff currently monitors and takes action against messy construction sites. Enforcement of this type requires clear identification of responsible parties, short enforcement timeframes, adequate remedies and, in consideration of mandatory bins, an ability to determine when construction has started or fully concluded. Historically, adoption of broad mandatory legislation requires additional enforcement resources. The City has over 10,000 construction permits on record in 2002 and is on pace for similar numbers in 2003. The numbers of bins and suitable sizes to accommodate these construction starts are not available in Edmonton. Initial inquiries found a significant bin shortage in Edmonton to meet such a large demand. One of Edmonton’s largest disposal companies reportedly has only 50 surplus bins (40 yard and 6 yard bins) during the summer for any increased demand. In reviewing the feasibility of requiring bins to accompany construction activity consideration should given to aesthetics and bin placement. The City receives complaints concerning the unsightliness of large garbage bins, the blockage of site lines and placement of bins in close proximity to private property. In some cases the placement of large bins over the full construction period could be (Page 2 of 2) viewed as more of a detriment than the storage of material or waste concerns. When bin placement on private property is not possible road right-of-way is often used. If bins were mandatory the problem of sidewalk and boulevard damage, reduction in available parking and pedestrian safety concerns would increase. Mandatory requirements would also be contrary to the current 30-day maximum placement policy. The Transportation and Streets Department is currently revamping placement policies in light of these growing problems. Development Compliance Branch recognizes the need to develop a comprehensive strategy to address the concerns and problems with construction site litter and waste. Ongoing education and communication to all stakeholders is essential. The Planning and Development Department’s “Bylaw Friendly” communication initiative is designed to communicate and liase with industry groups to address issues such as increased litter. Increased awareness in conjunction with enforcement of existing bylaws, such as the Nuisance, Solid Waste, Traffic, and Public Places Bylaw, can deal with the problem of construction site garbage and litter.