Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) THE PUBLIC HEALTH LAW (6 of 1981)

Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) Supplement No. 7 published with Gazette No. 4 of September, 1995. THE PUBLIC HEALTH LAW (6 of 1981) THE PUBLIC HEALTH (GARBAGE AND REFUSE DISPOSAL) REGULATIONS (1995 Revision) Revised under the authority of the Law Revision Law (19 of 1975). The Garbage and Refuse Disposal Regulations, 1975 (sic) made the 31st December, 1974. Consolidated with the- Public Health (Garbage and Refuse Disposal) (Amendment) Regulations, 1981 made the 17th November, 1981 Public Health (Garbage and Refuse Disposal) (Amendment) Regulations, 1984 made the 7th February, 1984 Public Health (Garbage and Refuse Disposal) (Amendment) Regulations, 1985 made the 28th November, 1985 Garbage and Refuse Disposal (Amendment) Regulations, 1990 made the 24th July, 1990 Garbage and Refuse Disposal (Amendment) (No. 2) Regulations, 1990 made the 7th August, 1990 Garbage and Refuse Disposal (Amendment) (No. 3) Regulations, 1990 made the 6th November, 1990 Garbage and Refuse Disposal (Amendment) Regulations, 1994 made the 18th October, 1994 Garbage and Refuse Disposal (Amendment) (No. 2) Regulations, 1994 made the 20th December, 1994 Consolidated and revised this 8th day of August, 1995. 1 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) 2 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) PUBLIC HEALTH LAW (6 of 1981) PUBLIC HEALTH (GARBAGE AND REFUSE DISPOSAL) REGULATIONS (1995 Revision) ARRANGEMENT OF REGULATIONS 1. Citation 2. Definitions 3. Duties of occupiers of premises 4. Disposal of garbage 5. Collection service 6. Designation of garbage vehicles 7. Removal of construction waste 8. Dead animals 9. Large containers 10. Fees Schedule: Fees for Garbage and Refuse Disposal Collection 3 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) 4 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) PUBLIC HEALTH LAW (6 of 1981) PUBLIC HEALTH (GARBAGE AND REFUSE DISPOSAL) REGULATIONS (1995 Revision) 1. These Regulations may be cited as the Public Health (Garbage and Refuse Citation Disposal) Regulations (1995 Revision). 2. In these Regulations- Definitions “construction waste material” includes waste building material from the construction, alteration and remodelling of a building or structure of any kind, such as lumber, concrete, steel, roofing, etc.; “Department” means the Environmental Health Department; “garbage” includes waste food, vegetables, fruits, meats and other putrescible matter; “Law” means the Public Health Law, 1981; Law 6 of 1981 “refuse” includes waste paper, bottles, cans, boxes, yard clippings and trash; “Schedule” means Schedule to these Regulations; “section” means a section of the Law; and “service area” means an area designated by the Department, subject to the approval of the Member, to be provided with a garbage and refuse collection service. 3. All occupiers of premises in service areas shall- Duties of occupiers of premises (a) provide, for the collection of garbage, a water tight metal or plastic container or containers with tight fitting covers; (b) ensure that such containers are of a type and description approved by the Department: Provided that, for commercial establishments and residences having small volumes of garbage and refuse, plastic bags with openings securely tied, with wet garbage wrapped in several thickness of paper, may be used in lieu of containers. 5 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) (c) place the containers or bags for collection in front or at the side of premises on streets abutting the premises or in such other place as may be approved by the Department; (d) remove containers from streets after collection; (e) so place containers as not to obstruct traffic; and (f) refrain from dumping any garbage or refuse on any property belonging to another or on or within the vicinity of any public highway, beach, waterfront or public place. Disposal of garbage 4. (1) The use of the garbage collection service in service areas is mandatory save for large commercial establishments specifically exempted by the Department. (2) Large commercial establishments may deliver garbage and refuse in private vehicles to landfill disposal sites designated by the Department. (3) All garbage and refuse from service areas shall be deposited at the landfill disposal sites designated by the Department. (4) Save with the permission in writing of the Department the burning of garbage at private premises in a service area is prohibited. (5) No garbage or refuse shall be permitted to accumulate in or on any premises. (6) All commercial concerns shall provide for the proper storage of all garbage and refuse to prevent the harbourage of vermin and to prevent scattering by animals or by the wind. (7) Approval shall be obtained from the Department prior to construction of any special type garbage or refuse storage bin or facility. Collection service 5. A collection service will be provided in residential parts of service areas at least twice per week on days which will be notified, from time to time, in the Gazette, and containers shall be placed as required by regulation 3(c) before 6:00 a.m. on each day of collection. Designation of garbage 6. All vehicles carrying garbage and refuse shall be so designed and loaded as vehicles to prevent spillage during transit. Removal of construction 7. It shall be the responsibility of contractors to remove and dispose of all waste construction waste material resulting from new construction or other works on or at any premises, and such waste construction material will be accepted at the landfill. 6 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) 8. Dead animals not slaughtered for consumption shall be disposed of by burial Dead animals at a depth of not less than two feet of earth or as directed by a public health inspector. 9. Large containers specially approved by the Department shall be placed and Large containers serviced by the Department, and access to these containers shall be kept clear at all times; boxes and cartons shall be broken down effectively to utilise container capacity and wet garbage shall be placed in plastic bags being put into the container. 10. (1) The annual fees specified in the Schedule shall apply in respect of Fees garbage and refuse disposal collection in service areas. (2) Every fee in the Schedule in respect of a collection of garbage or refuse shall be due and payable fourteen days after the first day of January in each year by the occupier of any premises where that collection is carried out. (3) Any fee in the Schedule which is due and payable under this regulation- (a) shall, in respect of premises in Grand Cayman, be paid to the Financial Secretary, and shall, in respect of premises in Cayman Brac or Little Cayman, be paid to the District Commissioner; and (b) shall be recoverable by the Department as a civil debt. (4) Any fee or part of a fee specified in the Schedule which is due and payable shall carry interest at the prescribed rate in respect of the period beginning on the date when the fee or part of the fee becomes due and payable and ending on the date on which the fee or part of the fee is paid. (5) In subregulation (4)- “the prescribed rate” means such rate as may be determined by the Governor in Council for the purposes of this regulation; and different rates may be prescribed for different fees or classes of fee. (6) The Financial Secretary, where he is informed the Department is satisfied that the occupier of any premises in a service area is complying, to the Department’s satisfaction, with the conditions of any recycling scheme carried out by the Department in that area, may abate the fee in respect of any garbage and refuse disposal collection that would, apart from this subregulation, be due and payable by the occupier of premises at which that collection is carried out. (7) The amounts by which any fee may be abated under subregulation (6) shall be determined by the Financial Secretary having regard to- 7 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) (a) the costs of operating the recycling scheme and any revenue or other financial benefit derived by the Department from the recycling scheme; and (b) the extent to which the occupier who is liable to pay the fee to be abated has complied with the conditions of the recycling scheme. 8 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) SCHEDULE (Regulation 10) FEES FOR GARBAGE AND REFUSE DISPOSAL COLLECTION 1. Private Homes, Hotels, Etc., Restaurants And Bars (1) Private houses and apartments $ 50: Provided that the Financial Secretary may, in his discretion, waive this fee in whole or in part, whether prospectively or retrospectively, if he is satisfied that (having regard to the financial circumstances of the person liable under these Regulations for payment of the fee) it is equitable for him to do so. (2) Condominium units $ 150 (3) Hotels with- 1 to 19 bedrooms $ 800 20 to 39 bedrooms $ 1,600 40 to 60 bedrooms $ 2,500 61 to 100 bedrooms $ 3,000 101 to 150 bedrooms $ 4,000 over 150 bedrooms $ 5,500 (4) Lodging houses (other than hotels) $ 225 (5) Restaurants (without bars) capable of seating- 1 to 15 persons $ 250 16 to 30 persons $ 500 31 to 50 persons $ 600 51 to 75 persons $ 800 over 75 persons $ 1,000 (6) Restaurants (with bars) capable of seating- 1 to 15 persons $ 300 16 to 30 persons $ 600 31 to 50 persons $ 800 51 to 75 persons $ 1,000 over 75 persons $ 1,200 (7) Bars (without restaurants) $ 800 2. Business Premises 9 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) (1) Offices $ 200 (2) Other than offices- (a) small (less than 1/4 cubic yard of garbage $ 200 and refuse per week) (b) medium (1/4 to 1 cubic yard of garbage $ 800 and refuse per week) (c) large (more than 1 cubic yard of garbage $ 1,600 and refuse per week) 3. Containers (1) Fees for the use of a rear loader, front loader or skiff- 2 cubic yard $ 350 4 cubic yard $ 700 6 cubic yard $ 1,000 8 cubic yard $ 1,200 (2) Emptying of containers- Daily $ 1,800 3 days per week $ 900 2 days per week $ 750 1 day per week $ 300 (3) Fees for the use of a roll-off/roll-on- Con. stationary - 28 cubic yards $ 4,200 Open top - 20 cubic yards $ 3,000 (4) Emptying of containers- Daily $ 6,846 3 days per week $ 3,432 2 days per week $ 2,300 1 day per week $ 1,200 4. Removal Of Derelict Vehicles Central George Town $ 50 West Bay to George Town $ 50 George Town to Bodden Town $ 50 Districts east of Bodden Town $ 60 5. Removal Of Animal Carcasses 10 Public Health (Garbage and Refuse Disposal) Regulations (1995 Revision) (1) Large carcass- George Town $ 50 West Bay $ 50 Bodden Town $ 50 Districts east of Bodden Town $ 60 (2) Small carcass (dog, cat, etc.) $ 25 6. Portable Toilets Daily (with servicing) $ 75 Monthly (without servicing) $ 250 Notes- 1. The fee for a private house or condominium unit shall be paid by the person 1995 Revision registered or deemed to be registered under the Registered Land Law (1995 Revision) as the owner. 2. The fee for apartments and offices shall be paid by the person having control of the whole building. 3. The fee for a hotel, restaurant, lodging house, and business premises other 1995 Revision than offices, shall be paid by- 1995 Revision (a) the person licensed under the Tourism Law (1995 Revision) or taking an annual licence in respect thereof under the Trade and Business Licensing Law (1995 Revision) (as the case may be); or (b) if there is no such person, then by the person having the control or management thereof. 4. The fee for a bar shall be paid by the person who is the licensee thereof 8 of 1985 under the Liquor Licensing Law, 1985. Publication in consolidated and revised form authorised by the Governor in Council this 8th day of August, 1995. Mona N. Banks-Jackson Clerk of Executive Council 11