Freeport (Removal of Refuse) Bye-laws

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1967/1967-0051/FreeportRemovalofRefuseBye-laws_1.pdf
Published: 1967-09-28

Freeport (Removal of Refuse) Bye-laws
CH.29 – 22] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

14. It shall be a condition of any permission for the
use of any inland waterway for navigation or water skiing
given or impliedly given by the Port Authority or any other
person deriving any title or interest in any inland waterway
from the Port Authority that no liability shall attach to the
Port Authority or such other person by reason only of
having given or impliedly given such permission.

15. Any person who contravenes or fails to comply
with any provision of these Bye-laws shall be guilty of an
offence against the Act and shall be liable on summary
conviction to a fine not exceeding one hundred and forty
Bahamian dollars (B$140.00) or imprisonment not exceed-
ing three months.

16. These Bye-laws shall be without prejudice to the
operation of any other laws in force in the Port Area and in
particular shall not be deemed to exempt any boat plying,
offered or let for hire in any inland waterway or any master
thereof from compliance with the requirements of the Boat
Registration Act.

FREEPORT (REMOVAL OF REFUSE) BYE-LAWS

(SECTION 10)
[Commencement 28th September, 1967]

1. These Bye-laws may be cited as the Freeport
(Removal of Refuse) Bye-laws.

2. In these Bye-laws, unless the context otherwise
requires —

“can” means a movable receptacle for refuse of
approximately twenty to thirty gallons capacity;

“the Company” means the Grand Bahama Utility
Company Limited (being a licensee of the Port
Authority entrusted with the duty of removing
refuse in the Port Area and approved for the
purpose by the Minister);

“container” means a movable receptacle for refuse of
three or six cubic yards capacity designed and
fitted for attachment to the rear of a refuse
removal truck for the purpose of tipping its
contents into such truck;

Liability of Port
Authority.

Penalty.

Saving.

S.I. 51/1967
S.I. 87/1976

Title.

Interpretation.

FREEPORT BYE-LAWS [CH.29 – 23


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

“garbage” means all kitchen and similar refuse of an
animal or vegetable nature which is subject to
decay or putrefaction;

“house refuse” means any garbage or trash normally
accruing for disposal in or upon residential
premises;

“owner” means the person for the time being
receiving the rent of the premises in connection
with which the word is used, whether on his own
account or whether as an agent or a trustee for
any other person, or who would so receive the
same if such premises were left;

“refuse” means house or trade refuse;
“trade refuse” means any refuse other than house

refuse and in particular includes building materi-
als left on a building site, trees, shrubs, plants,
bushes, leaves, loose soil and any vegetable
refuse arising from gardening or landscaping
activities;

“trash” means any waste material of a nature not
subject to decay or putrefaction.

3. Save as otherwise may be specifically provided
in these Bye-laws, no person other than the Company shall
remove for disposal any refuse from any premises in the
Port Area.

4. The occupiers of premises in the Port Area shall
make such arrangements for the purpose of complying with
the provisions of these Bye-laws as will facilitate the
removal by the Company —

(a) not less frequently than twice in every week, of
house refuse from all occupied residential pre-
mises within the Port Area; and

(b) of trade refuse on such occasions or with such
frequency as may be mutually agreed between
the Company and the occupier of any trade
premises.

5. (1) The occupier of any residential building
comprising a single family unit shall provide or cause to be
provided a can or cans fitted with a suitable close-fitting
cover or covers of a pattern approved by the Company in
which shall be placed and kept all house refuse which has


Exclusive right of
Company to
remove refuse.

Periodical
removal of refuse
by the Company.

Obligation of
occupiers of
single family unit
buildings.

CH.29 – 24] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

accumulated in or upon such premises since the preceding
removal thereof by the Company.

(2) On each day specified by the Company for the
removal of house refuse in any part of the Port Area, the
occupier of every single family unit building in such part
shall at or before such hour of such day as the Company
shall fix and notify (by public announcement or by written
notice served upon the occupier of the building) place or
caused to be placed the can or cans containing any house
refuse in such conveniently accessible position upon or
adjacent to such building as may be required by the
Company for the purposes of collection thereof.

(3) The provisions of this bye-law shall apply mutatis
mutandis to buildings comprising two family units (com-
monly known as duplexes) and the occupiers thereof as if
each of the two portions of the building were single units.

6. (1) The occupier of every separate dwelling in
any building comprising more than two dwellings
(commonly known as an apartment house) shall have for his
use a can or cans having a suitable close-fitting cover or
covers of a pattern approved by the Company in which shall
be placed and kept all house refuse arising in his dwelling.

(2) Every such occupier shall cause such house
refuse to be made available for collection by the Company
on such days as may be specified by the Company by —

(a) placing or causing to be placed the can or cans in
such accessible position upon or adjacent to the
building as may be required by the Company for
purposes of collection; or

(b) placing or causing to be placed the contents or
such can or cans in a container or containers
situated in a central location or in several central
locations in or adjacent to the building, such
containers being of such number and pattern as
may be approved by the Company.

(3) Where the house refuse from dwellings in an
apartment house is delivered into a container through a
hopper or chute, it shall be the duty of the owner of the
apartment house to provide such number and pattern of
containers as may be provided by the Company and to
locate the same in a position which is readily accessible to
any refuse removal truck belonging to the Company.

Refuse of
apartment
houses.

FREEPORT BYE-LAWS [CH.29 – 25


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

7. The manager or person in charge of any premises
used as an hotel shall provide at a central location, or at
several locations in the said premises as the Company may
require, a refuse storage container or containers of such
number and pattern as may be approved by the Company
and shall take or cause to be taken all reasonable steps to
ensure that all house refuse arising on the premises is
deposited therein for periodical collection by the Com-
pany.

8. (1) No person shall permit or suffer any trade
refuse to accumulate upon any unbuilt portion of any parcel
of land of which he is the occupier unless such refuse
is placed and kept in a receptacle suitable for the purpose.

(2) The occupier of any premises on or in which trade
refuse shall accumulate may arrange with the Company for
the removal and disposal of such refuse on such occasions or
with such frequency as may be mutually agreed between
such occupier and the Company.

(3) Trade refuse arising on any premises in the Port
Area which is not removed by the Company shall only be
disposed of by the occupier of such premises —

(a) by incineration upon the premises where the
refuse has accumulated; or

(b) by removal during the hours of daylight to a
suitable location in the Port Area for the
purposes of incineration; or

(c) by removal at such times during the hours of
daylight as may be fixed by the Company to any
place within the Port Area appointed by the
Company as a refuse dump.

(4) Every person disposing of trade refuse by fire
shall act in such a way as not to cause any danger or
nuisance to persons or property and shall use an incinerator
which shall comply with the following requirements —

(a) The incinerator shall be sited in such a position
as will not cause a nuisance;

(b) The incinerator shall be constructed in accor-
dance with the requirements of the Freeport
Building Code with a furnace of suitable grate
area, a combustion chamber adequate in size and
all other equipment and apparatus necessary
effectually to incinerate all refuse placed therein
and consume all combustible gases or matter
evolved from the incineration of such refuse;

Refuse of hotels.

Disposal of trade
refuse.

CH.29 – 26] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) The incinerator shall be provided with a suitably
constructed smoke flue carried to such a position
in the outer air as will afford an outlet for smoke
and gases without causing nuisance; and

(d) The incinerator shall, if constructed for use with
a chute for conveying or discharging refuse into
the furnace box, be provided with a suitably
designed and constructed hopper connected in
such manner that the chute cannot be used as a
smoke flue and such chute shall be constructed in
a manner approved by the Company.

(5) Every person who disposes of any trade refuse
by means of an incinerator shall, during use, maintain or
cause to be maintained (if necessary by the addition of
fuel) a sufficient fire in such incinerator so that speedy and
complete incineration of any refuse when deposited therein
and the consumption of any combustible gases and matter
evolved from such refuse shall be secured and the
accumulation of unburned or crude refuse in the furnace
box or chute prevented.

(6) Notwithstanding the other provisions of this
bye-law, no person shall dispose of trade refuse by means
of fire other than by fire in an incinerator on any parcel of
land in the Port Area on which there are, erected or in
course of erection, any buildings.

9. (1) No person shall drop, throw or deposit or cause
to be dropped, thrown or deposited any refuse from any
vessel moored or under way in any inland water within the
Port Area.

(2) It shall be the duty of the person in charge of any
such vessel as is mentioned in paragraph (1) of this bye-law
to provide a suitable can or cans having a close-fitting cover
or covers in to which shall be placed and kept any
refuse arising in such vessel.

(3) Unless any such refuse as aforesaid is deposited
within a reasonable time in the ocean outside the territorial
waters of The Bahamas, it shall be the duty of the person in
charge of the vessel to make such arrangements as will
ensure that such refuse is removed as occasion may arise
either directly from the vessel by the Company or from
some other suitable can or container located within
reasonable distance of such vessel and from which under the
other provisions of these Bye-laws refuse is removed by the
Company.

Refuse from
vessels in inland
waters.

FREEPORT BYE-LAWS [CH.29 – 27


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

10. No person shall transport or cause to be
transported within the Port Area refuse of any kind unless
such refuse is in a receptacle closed with a tight-fitting lid
or is completely covered with adequate protective covering
or is transported in a suitably constructed vehicle which is
entirely enclosed.

11. (1) Where in conformity with these Bye-laws a
can or container has been provided in or in connection with
a building, no person shall deposit the house refuse
accumulating in or on such building in any place other
than in such can or container.

(2) No person shall deposit any liquid or matter
other than house refuse in any can or container intended for
house refuse.

(3) No person shall deposit any box made of
cardboard or similar material in any can unless such box
is broken down and crushed before removal by the
Company.

(4) Whenever house refuse is deposited in any can or
container, the lid or cover thereof shall be effectively closed
by the person depositing such refuse.

(5) Where a container is provided in connection with
a chute for house refuse, the owner of the building shall
adopt such precautions as may be necessary to prevent any
refuse from being spilled from such container or falling
elsewhere than in the container.

(6) Where in conformity with these Bye-laws a can
or container has been provided by the owner or occupier of
any premises, such owner or occupier as the case may be
shall cause every such can or container to be thoroughly
cleansed as often as may be necessary for the purpose of
keeping such can or container in clean condition.

12. The Company shall be entitled to charge the
owners or occupiers as the case may be of premises within
the Port Area fees at such rates as are prescribed in the
Schedule hereto in respect of the removal of house and
trade refuse.

Transport of
refuse.

Use of cans or
containers.

Scale of fees.

CH.29 – 28] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. Any person who contravenes or fails to comply
with any of the provisions of these Bye-laws shall be guilty
of an offence under the Act and shall be liable on summary
conviction to a fine not exceeding one hundred and forty
Bahamian dollars (B$140) or imprisonment not exceeding
three months.

SCHEDULE (Bye-Law 12)
SCALE OF FEES AND CHARGES

Service: Rate to be charged:

Single residence and duplexes
1. Two collections each week-one

can per collection
$6.75 per month for each
family unit

2. Two collections each week-one
can per collection

$10.10 per month for each
family unit

Service: Rate to be charged:

Apartment Houses
3. Two collections each week-one

can per collection
$6.00 per month for each
apartment unit

Businesses
4. Two collections each week-one

can per collection
$6.75 per month

5. Two collections each week-two
cans per collection

$10.10 per month

6. Collection from containers of 3
cubic yards or 6 cubic yards
owned by the Company

$2.35 per cubic yard per
collection

7. The fees for dumping at the
Company’s dump from a
customer’s vehicle shall be as
follows—



(a) Car or statio wagon $3.00
(b) Pick-up or flat-bed truck $5.00 per load
(c) Septic tank waste $10.00 per load
(d) Large dump trucks $10.00 per load


Offences.

S.I. 87/1976.
Read Entire Law on laws.bahamas.gov.bs