Implementation Decree Waste Regulation Municipality of Gemert-Bakel 2025

The College of Mayor and Aldermen of the Municipality of Gemert-Bakel,

Whereas, in the interest of efficient disposal, aimed at recycling and material reuse of household waste, it is desirable to lay down further rules concerning the days, times, places and manner in which waste may be handed over or offered for collection to the collection service and other collectors to be designated by this Ordinance, as referred to in the Waste Ordinance Municipality of Gemert-Bakel 2025;

Having regard to the provisions of Chapter 10 ''Waste'' of the Environmental Management Act and the provisions of the Waste Regulation of the Municipality of Gemert-Bakel 2025;

E S L U I T:

To adopt the following Implementation Decree Waste Ordinance Municipality of Gemert-Bakel 2025.

Article 1. Definitions

For purposes of this Executive Order, the following terms shall mean or include:

1. Acceptance Policy: describes the acceptance procedure of the various waste streams that can be offered at the Gemert-Bakel environmental street. The acceptance conditions can be found on the website of the collection service;
2. Leaf boxes: collection facility for leaf litter from municipal trees;
3. Cluster site: a collection site designated by the municipality for the presentation of household waste for collection;
4. User of a plot: the person who actually uses a plot in the municipality in respect of which an obligation to collect household waste applies pursuant to Section 10.21 and Section 10.22 of the Environmental Management Act;
5. Green baskets XXL: collection facility for leaf litter, garden waste and fine pruning waste coming from private households;
6. High-rise: building with stacked housing, all non ground-level housing such as upper-story housing, porch housing and flats;
7. Other collectors: the persons and bodies designated under Article 3, charged with the separate collection of categories of household waste;
8. Collection service: the collection service designated under Article 2, charged with the collection of household waste;
9. Collection: the activities aimed at collecting or taking waste materials that are presented for collection within the municipality and the actual collection and taking thereof;
10. Offering for collection: the method of transferring waste to a collecting person or body, including leaving waste in collection equipment or facilities placed for that purpose by or on behalf of the collecting person or body or at a designated place;
11. Collection device: an auxiliary or storage device intended for the collection of waste for the benefit of one household;
12. Collection facility: a means or place of storage intended for the collection of waste serving multiple households;
13. Environmental street: the intended delivery location at Leije 7 in Gemert. At the environmental street (bulky) household waste can be offered in accordance with the acceptance policy of the environmental street;
14. PMD: plastic and metal packaging and beverage cartons;
15. Tariff: established rate per household or business according to the annually drafted Regulation on waste charges and cleaning fees Gemert-Bakel;
16. Regulation: Waste Regulation Municipality of Gemert-Bakel 2025;
17. Roads: the roads referred to in Section 1(1)(b) of the Road Traffic Act 1994;
18. Law: Environmental Management Act.

Article 2. Designation of collection service (elaboration of Article 3(1) of the Ordinance).

The following has been designated as the collection service in charge of household waste collection: the Blink joint arrangement, based in Helmond.

Article 3. Designation of other collectors (elaboration of Article 4(1) of the Regulation).

1. Pursuant to Article 4(1) of the Ordinance, designate the following collectors as collection service responsible for the separate collection of categories of household waste:
2. For the collection of textiles: Locals4Locals in accordance with the provisions of the Aanwijzingsbesluit Locals4Locals for textile collection for the municipality of Gemert-Bakel;
3. For the collection of textiles: charitable institutions that have submitted a notification to the college of B&W no later than four weeks before the collection of textiles in the municipality of Gemert-Bakel.
4. For the collection of leaf litter, garden waste and fine pruning waste from the green baskets XXL: Pennings Groenvoorziening.
5. The College of B&W may additionally designate other collectors as collection agents.

Article 4. Designation of collection site (elaboration of Article 5 of the ordinance)

The designated collection site is the environmental street, located at de Leije 7, Gemert, as the place where household waste such as bulky household waste can be left.

Article 5. Separate offer (elaboration of Article 7(1) of the Regulation)

1. For the purposes of Articles 3(1) and 4(1) of the Regulation, the following waste streams are further defined:
   1. (Waste) motor oil: oil derived from changing oil from an engine;
   2. Asbestos and asbestos-containing and asbestos-like waste: products and materials, or remnants thereof, consisting of or containing asbestos;
   3. (Car) tires: tires with or without rims originating from passenger cars;
   4. Batteries: used rechargeable and non-rechargeable batteries;
   5. Leaf litter: leaves from trees and shrubs;
   6. Construction and demolition waste: waste materials which arise after the construction, renovation or demolition of a building or premises and which cannot be separated into the waste materials named in this article;
   7. Cartridges: containers or cassettes containing ink for a printer or copier, for example;
   8. Roofing leather: roofing materials, also called roofing leather, consisting of sheeting material of wood or plastic, coated with coal tar or bitumen including roof gravel, to which tar or bitumen is attached;
   9. (Waste) electrical and electronic equipment: all large and small household appliances with a plug, battery or accumulator as listed in the Waste Electrical and Electronic Equipment Regulations;
   10. Fine household residual waste: that part of household waste remaining after separate collection of waste streams;
   11. Deep-frying fat and deep-frying oil: used deep-frying fat and deep-frying oil left over from the cleaning of a deep-frying pan, to be handed in in properly sealed vials;
   12. Gas cylinders: a gas cylinder is a transportable pressure container with a capacity not exceeding 150 liters. A pressure holder is a collective term that includes bottles, large cylinders, pressure vessels, sealed cryo-holders and bottle batteries;
   13. Gypsum: gypsum powder, gypsum boards and gypsum blocks which is clean;
   14. Vegetable, fruit and garden waste (also known as GFT waste, GFT+e waste, or biowaste): that part of household waste that is of organic origin, limited in size and collected separately;
   15. Bulky household (residual) waste: bulky and/or heavy household waste which, due to its nature, size or weight, cannot be offered for collection in a collection vehicle or via a collection facility and/or does not belong therein and can be offered at the environmental street, taking into account the acceptance policy of the environmental street;
   16. Bulky garden waste: vegetable (or organic) waste material which, by its nature, composition or size, does not come under VGF waste and which is released during the construction, maintenance or removal of private greenery (gardens, private watercourses, private woodland and natural areas), such as bulky deciduous waste and prunings. Tree trunks, bamboo, reeds, (root) balls, sleepers, garden fences or garden fences do not belong to coarse garden waste;
   17. Clean soil: soil that is not (chemically) contaminated;
   18. Reusable household goods: objects originating from the household that can be reused, whether or not after minor repair;
   19. Wood: wood in grades A, B and C. A wood is unprocessed, unpainted and untreated wood, B wood is mixed wood, such as painted, varnished, glued wood or sheet materials, which is not mixed with impregnated or preserved wood, and C wood is wood that has been impregnated or preserved, identifiable by a green or brown color, such as sleepers or garden wood;
   20. Small pet carcasses: deceased small pets kept and cared for by humans in or around the home, other than hobby or farm animals;
   21. Small chemical waste: household waste, as listed on the Ministry of Infrastructure and Water Management's KCA list. This includes flammable, toxic and corrosive substances, such as cleaning agents, paint, medicines, batteries, energy-saving light bulbs and motor oil;
   22. (Hard) plastics: products made of plastic, which cannot be easily folded or folded, other than plastic packaging;
   23. Diapers and incontinence materials: single-use (disposable) diapers, baby care wipes and incontinence materials;
   24. Mattresses: single or double mattresses;
   25. Medicines and hypodermic needles: (leftover) medicines and hypodermic needles from households;
   26. Metals: products whose main component is ferrous and non-ferrous, other than metal packaging;
   27. Waste paper and cardboard: household paper and cardboard, excluding plastic and metal parts, that is dry, clean, and not contaminated with other waste fractions;
   28. PMD (plastic packaging, metal packaging and beverage cartons): packaging waste from plastics (plastic), packaging waste from cans and metal foils, and beverage and dairy product cartons that originate from households and as referred to under the 2020-2029 Packaging Chain Agreement;
   29. Rubble clean: mixed stone-like material, such as bricks, tiles, flagstones, concrete and concrete residues, which does not contain gypsum, gravel, sand/soil (10%), hazardous waste, asbestos, eternite or other waste;
   30. Carpet: textile floor covering;
   31. Tempex/EPS: white clean tempex waste, also known as EPS or Styrofoam, which is used to protect goods during transport or as a building material;
   32. Textiles: all types of textiles from households, if dry and not contaminated with other waste fractions. This can therefore include clothing (including broken clothing), bedding, blankets, hand, bath and tea towels, tablecloths, curtains, pieces of cloth and the like. Footwear, bags, belts and stuffed animals are also classified as textiles in this context;
   33. Container glass: single-use glass containers separated by color, such as bottles, jars and other glass containers, with the exception of flat glass, (glass) ceramics, incandescent and energy-saving light bulbs, fluorescent lamps, nail polish bottles, stone pitchers, porcelain, crystal, mirrors;
   34. Flat glass: residential windows and panes, mirrors, wire glass, glass bricks without cement, shower walls, aquariums, glass cutting boards, glass plates of picture frames from households. Not being vases, glasses and glass containers.
       1. Furthermore, to provide that no other waste or other materials may be offered with the categories of waste to be collected separately.

Article 6. Frequency of offering (elaboration of Article 7, paragraph 1 of the Regulation)

1. The college shall establish the following frequencies of the following categories of household waste to be collected at or near each lot:
2. The collection service collects household residual waste separately at least once every 4 weeks;
3. The collection service collects vegetable, fruit and garden waste separately at least once every 2 weeks, except for the months of January and February when vegetable, fruit and garden waste is collected separately at least once every 4 weeks;
4. The collection service collects the combination stream plastic packaging, metal packaging and beverage cartons (PMD) separately at least once every 2 weeks;
5. The collection frequency of waste paper and cardboard depends on the core or neighborhood.
6. On the website of the collection service and, if necessary, through the local media and municipal website, all the rules on the frequency of collection of household waste are listed.

Article 7. Location of offering at or near each parcel (elaboration of Article 7(1) of the Ordinance).

1. The College shall adopt the following general rules regarding the place where household waste must be presented:
2. The presentation of household waste for collection in mini-containers shall be carried out in an orderly manner by placing the mini-container on the footpath, as close as possible to a public road owned by a public body, or, in the absence of a footpath on the side of such public road, or at a collection or cluster site, in such a way as not to impede or obstruct the passage of pedestrian and other traffic and to prevent danger or damage, and where instructions from the collection service shall be followed;
3. For safety reasons, small chemical waste may not be presented on public roads, but must be handed over in person at the environmental site or at another collection point where certified personnel are present who are authorized to take KCA;
4. The environmental street at the Leije 7 in Gemert is designated as a collection site where the wastes mentioned in Article 5 can be left;
5. When depositing waste materials at the environmental street, the acceptance policy of the environmental street applies. The acceptance policy can be found on the collection service's website;
6. Pursuant to the Gemert-Bakel Waste Collection and Cleaning Fees Ordinance, fees may be charged for depositing waste materials at the environmental street;
7. These fees are paid by debit card directly at the gate of the environmental site;
8. The discarder of waste must be able to identify themselves at or on the environmental site;
9. The discarder of waste materials must be able to show the environmental pass issued by or on behalf of the municipality at or at the environmental site.
10. Waste that does not originate from households is not taken by the designated collection services, in accordance with Articles 3 and 4 of the Ordinance, as well as not accepted at the environmental street, with the exception of the provisions of Articles 11 and 12 of the Ordinance.
11. On the collection service's website and, if necessary, through the local media and municipal website, all rules are listed regarding the locations where household waste is collected.

Article 8. Exemption from separate offering (elaboration of Article 8, paragraph 3 of the ordinance)

Users of a plot where no collection device has been provided or no collection facility has been designated (yet) are exempted from the separate presentation of GFT.

Article 9. Day and time of offering (elaboration of Article 9 of the ordinance).

1. The days for offering residual waste, GFT, PMD and waste paper and cardboard for collection are included in the waste calendar, available through the designated digital channels.
2. The college establishes the following times of offering waste materials:
   1. Collection materials should only be presented from 10:00 p.m. in the evening before the established collection day until 7:30 a.m. on the established collection day (if properly closed and properly presented). In the months of July, August AND September, this is at 6:30 a.m. instead of 7:30 a.m;
   2. Collection materials must be removed from public areas as soon as possible after emptying by the collection service, but no later than 8:00 p.m. on the collection day;
   3. Waste materials not collected by 8:00 p.m. on the evening of the agreed collection day must be removed from the public space by the provider;
   4. Due to noise pollution, underground and aboveground glass containers may only be used between 8:00 am and 8:00 pm;
   5. Due to noise nuisance, other underground and aboveground collection containers may only be used between 7:00 am and 11:00 pm;
   6. The opening hours of the environmental street are:

1. the collection service may adjust its hours of operation in coordination with the municipality.
2. The collection service's website and, if necessary, through the local media and municipal website will list the collection days for the various categories of household waste and at what times they can be presented for collection.

Article 10. Designation of collection means and facilities and method of presentation (elaboration of Article 10, paragraph 1 of the Ordinance).

1. For the collection of wastes that are collected separately, the following applies in terms of collection means and facilities.
   1. Collection may take place through:
      1. a collection facility for the user of one parcel;
      2. a collection facility for the users of a number of plots (above or below ground);
      3. a collection facility at the core or neighborhood level.
2. If a mini-container is made available by or on behalf of the municipality for one parcel then it must be used. If there are no parcel-specific facilities, then only multi-parcel collection facilities shall be used.
3. Designated the following collection resources and collection facilities:
4. For residual household waste:
   • A mini-container provided by or on behalf of the municipality for the user of one parcel of land. The mini-container has a capacity of 40, 80, 140 or 240 liters and is equipped with a chip. Per emptying is charged according to tariff. If a mini-container is exchanged, a rate is also charged.
   • An (underground) collection container for high-rise building residents and users of a number of plots. Users receive an environmental pass from or on behalf of the municipality to access this. Each collection is charged according to the tariff. If an environmental pass is replaced, a tariff will also be charged.
5. For household vegetable, fruit and garden waste and food waste:
   • A mini-container provided by or on behalf of the municipality for the user of one plot. The mini-container has a capacity of 40, 140 or 240 liters and is not equipped with a chip. Emptying is free of charge. If a mini-container is exchanged, a fee is charged.
   • Leaf baskets placed within the built-up area during the leaf season for leaf litter from municipal trees.
   • Permanent green baskets XXL for leaf waste, garden waste and fine pruning waste (no sand or soil, residual waste and food waste).
6. For packaging glass:
   • An above or underground collection container for glass.
7. For textiles:
   • An above-ground collection container for textiles.
8. For PMD:
   • PMD bags provided by or on behalf of the municipality for collection of the combination stream plastic packaging, metal packaging and beverage cartons (PMD).
9. For diapers and incontinence materials:
   • An above or underground collection container for (disposable) diapers and incontinence materials.
10. For waste paper and cardboard:
    • Depending on the core, a temporary collection container at the neighborhood level for waste paper and cardboard.
11. For cadavers of companion animals:
    • The refrigerated cadaver unit at the environmental site.
12. For other streams:
    • The collection facility at the environmental street at the Leije 7 in Gemert.
13. The categories of household waste mentioned in Article 10, paragraph 1 (c) can also be handed in at the environmental street. This is subject to the conditions in the acceptance policy of the environmental street.
14. The college shall adopt the following rules for the use of collection devices provided by or on behalf of the municipality:
15. Management of the collection equipment provided on loan by or on behalf of the municipality shall rest with the collection service;
16. On behalf of the municipality, the collection service is authorized to provide the mini-container with a readable chip with chip number and sticker that may include a barcode, the waste stream for which the mini-container is intended, the volume of the mini-container, a zip code, a city name, a street name and a house number;
17. It is forbidden to remove or damage the chip or sticker on the lid of the collection device;
18. The collection tools provided by or on behalf of the municipality belong to the plot;
19. The collection equipment remains the property of the municipality and will be technically maintained at its expense in case of normal wear and tear;
20. The user is responsible for the use and maintenance of the collection equipment received on loan as if it were his property;
21. The collection tools provided may only be used for the purpose for which they were provided by the municipality;
22. The user is obliged to use the collection equipment in such a way that it does not cause a nuisance to third parties;
23. The weight of the quantity of waste and the own weight of the mini-container presented for emptying must not exceed 70 kilograms in total;
24. In order to prevent maggots and other pests, meat and fish scraps may be deposited in the residual waste container or the GFT container first eligible for emptying during a warm period;
25. It is prohibited to deposit hot waste (solid or liquid) in the collection device provided by or on behalf of the municipality;
26. The collection devices provided for residual waste and for GFT waste may only be cleaned with water;
27. No household waste should protrude from the collection device;
28. It is prohibited to place waste materials near, next to, on or around the collection devices;
29. A maximum of one mini-container for residual waste and one mini-container for vegetable, fruit and garden waste will be provided per plot. The college may deviate from this;
30. The mini-container should be presented with the lid and handle closed toward the road;
31. Wastes that have been presented incorrectly or improperly, and which have been left in the mini-container after collection as a result, must be removed from the mini-container by the bidder without delay;
32. The user of a plot should contact the customer service of the collection service, to exchange a collection device and to replace a defective chip;
33. The user of a plot should contact the customer service of the collection service if they have a broken collection device provided by or on behalf of the municipality and in case of disappearance, loss or damage of a collection device provided by or on behalf of the municipality;
34. The user of a parcel should contact the customer service department of the collection service if, when moving to a parcel, no collection device or a broken one provided by or on behalf of the municipality is found, or if a collection device provided by or on behalf of the municipality disappears, goes missing or is damaged;
35. The user is liable for the damage or disappearance of a collection device provided by or on behalf of the municipality, unless the user can prove through a report to the police that one or the other occurred through no fault of his or her own;
36. The combination stream plastic packaging, metal packaging and beverage cartons (PMD stream) may only be offered in the PMD bags prescribed by the municipality, which can be collected free of charge at the distribution points designated by the municipality. Bags other than the prescribed PMD bags will not be collected;
37. The presentation of PMD for collection in the bags provided through the municipality should be done in an orderly manner, for example by hanging the PMD bags (if any) on the specially provided crown rings;
38. PMD bags left for any reason after collection should be removed by the provider without delay.
39. The college shall adopt the following rules for the use of the environmental pass issued by or on behalf of the municipality:
40. Management of the environmental card provided on loan by or on behalf of the municipality rests with the collection service;
41. The environmental card issued by or on behalf of the municipality belongs to the plot;
42. The user of an environmental pass remains at all times responsible for using the environmental pass received on loan for access to the environmental street and, if applicable, for access to underground collection facilities, as if it were his property;
43. The environmental pass may only be used for the purpose for which it was issued by the municipality;
44. One environmental pass will be issued per parcel for access to the environmental street and if applicable for access to (underground) collection facilities;
45. The user of a plot should contact the customer service of the collection service if an environmental card is not found when moving to a plot. In case of disappearance, loss or damage of an environmental card, a user should also contact the customer service of the collection service;
46. If the environmental pass is lost or damaged, rendering it unusable, a new environmental pass can be requested from the collection service's customer service department. This will be charged according to tariff. An undamaged pass that does not work will be replaced free of charge;
47. The user is liable for the damage or disappearance of an environmental pass issued by or on behalf of the municipality, unless the user can prove through a report to the police that one or the other occurred through no fault of his or her own.
48. The college shall establish the following rules for the use of collection facilities provided by or on behalf of the municipality:
    1. The management of the collection facilities provided by or on behalf of the municipality shall rest with the collection service;
    2. The collection facilities are owned by the municipality and are technically maintained at its expense;
    3. A collection facility is to be used only for its intended purpose;
    4. The user is obliged to use the collection facilities in such a way as not to cause nuisance to third parties;
    5. It is forbidden to deposit hot (solid or liquid) waste in a collection facility;
    6. Collection facilities must be properly closed after use. No household waste may protrude from the collection facility;
    7. It is prohibited to place waste materials near, next to, on or around the collection facility.
49. On the collection service's website and, if necessary, through local media and municipal website, all rules are reported on the use of collection tools, the environmental card and collection facilities.

Article 11. Offering household waste for collection in special cases (elaboration on article 10, paragraph 3 of the ordinance).

If it is not possible for the collection service and/or other collectors to reach the normal collection sites due to works or otherwise, the municipality may designate temporary collection sites for collection equipment for the duration of the works.

Article 12. Collection of industrial waste by the collection service (elaboration of Article 11 of the Ordinance).

1. The collection service collects commercial waste from companies and institutions if required, insofar as it concerns old paper, vegetable, fruit and garden waste and food waste, PMD and household residual waste. The entities in question are entitled to collection if they comply with levies set each year with the Gemert-Bakel Waste Collection and Cleaning Fees Ordinance.
2. The commercial waste referred to in the previous paragraph is comparable in nature, composition and quantity to the categories of household waste also collected by the collection service.

Article 13. Collection of commercial waste by the collection service (elaboration of Article 13 of the Ordinance).

The College shall adopt the following rules for the presentation of commercial waste for collection:

1. Waste materials should only be offered from 10:00 p.m. the evening before the set collection day until 7:30 a.m. on the set collection day. In the months of July, August and September, this is at 6:30 a.m. instead of 7:30 a.m;
2. Collection equipment must be removed from public areas as soon as possible after emptying by the collection service, but no later than 8 p.m. on the collection day;
3. Waste materials that have not been collected by 8 p.m. on the evening of the appointed collection day must be removed from public areas by the provider;
4. Disposals must be orderly. The placement of the collection means should be done in such a way that traffic - including pedestrians - is hindered as little as possible. The collection device must be closed; no loose waste may be placed next to or on top of it.

Article 14 Designate collection site for collection of pet animal carcasses (elaboration of Article 19a, paragraph 2 of the ordinance)

Designated as a collection site is the environmental street, located at de Leije 7, Gemert, as a place where pet carcasses can be left.

Article 15 Entry into force

This decision shall take effect on [date].

Article 16 Citation

This decree shall be cited as: Implementation Decree Waste Regulation Municipality of Gemert-Bakel 2025.

Adopted in the meeting of the Executive Board of the Municipality of Gemert-Bakel of [date].