Commercial Trade Waste

1. Commercial waste may only be put in a public place for collection and disposal by an approved commercial waste contractor during the waste collection schedule period.
2. Waste must not be removed from the commercial waste generator’s premises to be disposed of in a street litter bin or a domestic waste bin.
3. All waste must be placed completely within a complying bin. Any waste not contained in a bin, for example plastic bags and loose cardboard boxes, must not be placed next to, or on top of, bins in a public place. The Council considers this to be illegal dumping. Council suggests that a lock system be applied to the commercial waste bin to prevent unlawful waste being added to the bin. 
4. All bins must have a permanently fixed close-fitting lid, have smooth internal washable surface, be free of stains, leaks, odours and debris, and be in full working order with no cracks, missing wheels, lids or pins.
5. Bins exceeding 240 litres must have fitted and working brakes, be lockable, and have reflectors on the outer corners.
6. All bins must be permanently labelled so that an authorised Council officer can easily identify the premises to which it was issued. The commercial waste generator must ensure their bins are clearly labelled, and that the information on the label is current and contains the name, address, and contact phone number of the occupier of the premises.
7. All commercial bins must clearly display the name, address and 24-hour contact telephone number of the commercial waste contractor and be marked with a unique identification number that can be traced to the premises to which it was issued.
8. Bins left in a public place that do not clearly identify the premises to which they were issued may be removed and impounded by the Council under the Public Space (unattended Property) Act 2021 No.38. This also applies if the owner of the bin has been given notice to remove the bin but has not removed it promptly.
9. Empty bread and milk crates left on the footway or in lanes deemed by an authorised Council officer to be abandoned articles may be seized, destroyed and or sold by the Council in accordance with the Public Space (Unattended property) Act 2021 No.38.
10. Waste oil drums are not permitted to be stored or placed in a public place at any time. Waste oil drums must be collected by a commercial waste contractor from within the subject premises.
11. Bins must be placed immediately in the front, rear or immediately adjacent to the premises, from which the waste is generated. If the bin is placed beyond the user’s property, prior consent must be obtained from the owner or occupier of the premises adjacent to where the bin is placed. 
12. The placement of bins must not:
    • disturb traffic flow or parking
    • impede or endanger pedestrian or bicycle movement
    • scratch, stain, or damage any public property
    • restrict driver sight lines or vehicle access
    • block access to emergency exits or equipment
    • be placed in close proximity to any ventilation inlet
    • block any type of door
    • be placed in front of or in close proximity to any opening window or window providing ventilation or visual amenity to the premises or a neighbouring premises
    • be visible from a public place with the exception of the collection time
13. Collecting, placing or removing bins must not damage the roadway, footpath or utility services under the ground, or cause damage or obstruct access to adjacent premises.
14. The area where the bin is placed for collection must be kept tidy at all times. It should be regularly cleaned by the commercial waste generator, and on any occasion when directed to do so by an authorised Council Officer.
15. A person must not keep or allow a bin to remain in or on a public place for more than the time range stated in the waste collection schedule. The waste collection schedule must be defined by an approved commercial waste contractor in writing with documentation provided to Council by the commercial waste generator upon request.  The commercial waste bin must not be placed on a public place until the start time of the waste collection schedule and must be immediately removed by the final time period stated in the commercial waste schedule.   Failure to provide a waste collection schedule in writing upon request by Council may be deemed that no arrangement has been made and the commercial bin placed on the public place unlawfully. Bins must be stored on the owner or occupier’s premises at all other times and not in a public place outside the waste collection schedule.
16. If there is a service disruption, bins must be stored/returned on the owner or occupier’s premises until service can be provided. Bins left in a public place after collection may be impounded and penalty notices served to the owner or occupier of the premises.
17. The commercial waste generator must produce evidence of a valid contract or similar arrangement for waste collection detailing the method, timing and the disposal of the collection to a licensed waste facility if requested to do so by an authorised Council officer.

Notes:

• The above applies only to bins for commercial waste generated by the particular use of the premises. It does not relate to skip bins collecting building waste.
• Commercial waste generators are responsible for handling and storing waste generated on their premises. They must ensure these actions meet Development Application approval conditions and public health, safety and environmental requirements.
• Commercial waste generators are responsible for all costs, as well as the safe, efficient and lawful collection and disposal of their waste.
• Bins must not be used to store hazardous, liquid or clinical waste. Bins must be vermin-proof and cleaned regularly, or as directed by an authorised Council officer, without causing stormwater pollution.

Council Rangers or other authorised Council officers may issue penalty notices, orders, Clean-up notices, prevention notices or court attendance notices for non-compliance with relevant legislation. Serious incidents of pollution may be prosecuted by state agencies such as the NSW Environment Protection Authority.

If a person puts waste or a bin in a public place in contravention of legislation or any approval issued by the Council, the Council may take action under sections s626(3) and 627(3) of the Local Government Act 1993. The maximum penalty for an offence under each of these sections is currently 20 Penalty Units.

The Council may also act under the Protection of the Environment Operations Act 1997 for noise, waste disposal (harm to the environment) and litter offences.

Food premises must comply with the Food Act 2003 and the Food Standards Code and ensure they have adequate facilities for storing garbage and recyclable matter.

Any parties not acting in accordance with legislation may be given up to seven days notice in writing to comply before any penalties are issued. The Council does, however, reserve the right to take immediate action if circumstances warrant.

If waste is causing or is likely to cause a threat to public health, the Council may order the owner or occupier of the land or premises to remove the waste. If the owner or occupier fails to comply, then the Council may remove the waste at the owner or occupier’s expense under section 128A of the Local Government Act 1993.

This information should be read in together with Council’s Compliance and Enforcement Policy and does not override:

• State or federal legislation on the management of waste in public places, including noise pollution associated with collecting waste from public places
• Conditions imposed on Development Consents issued under the Environmental Planning and Assessment Act 1979.