Waste ordinance municipality of Gemert-Bakel 2025

The Council of the Municipality of Gemert-Bakel;

read the proposal of mayor and aldermendated [date];

Having regard to Sections 10.23(1), 10.24(2), 10.25 and 10.26(1) of the Environmental Management Act, Section 3.5(1) of the Animals Act and Section 2(1) of the Separate Collection of Household Waste Decree;

decides to adopt the following regulation:

Waste ordinance municipality of Gemert-Bakel 2025

§ 1. General

Article 1. Definitions

In this regulation and the provisions based thereon, the following definitions shall apply:

• Collection device: auxiliary or storage device intended for the collection of waste, for the benefit of a household;
• collection site: site designated for this purpose pursuant to Article 5;
• Collection facility: storage device or place intended for the collection of waste serving multiple households;
• Parcel: parcel where household waste may regularly be generated.

Article 2. Objective

The application of this regulation is aimed at protecting the environment, including the efficient management of waste.

§ 2. Household waste

Article 3. Designation of collection service.

1. Mayor and aldermen shall designate the collection service charged with the collection of household waste.

2. Regulations and restrictions may be attached to the designation. Section 4.1.3.3 of the General Administrative Law Act (positive fictitious decision in the event of an untimely decision) shall not apply.

3. Mayor and aldermen may establish further rules on the manner in which the collection service collects household waste.

Article 4. Regulation of other collectors.

1. 1. It is prohibited for others than the collector to collect household waste unless the collector:

   a. designated for that purpose by mayor and aldermen;

   b. is exempted from the prohibition by further rules of mayor and aldermen; or

   c. is required to collect, referred to in Article 9.5.2, paragraph 3 opening words and subsection b, or paragraph 4, of the Environmental Management Act.

2. The designation of a collector referred to in subsection 1(a) shall be subject mutatis mutandis to subsection 3(2).

Article 5. Designation of collection site

Mayor and aldermen shall ensure at least one place made available for this purpose within the municipalities with which they cooperate, where sufficient opportunity is provided to leave household waste, including bulky household waste.

Article 6. General prohibitions

Household waste is prohibited:

a. to offer for collection to a person other than the collection service or a collector as referred to in Article 4, paragraph 1;

b. to be transferred to a person other than a collector referred to in section 4(1); or

c. to be left in a place other than the collection site referred to in Article 5.

Article 7. Separate waste collection

1. Mayor and aldermen shall establish rules on the components of household waste to be collected separately by the collection service, on the frequency of collection of each such component, and on the locations of such collection at or near each parcel of land.
2. In any case, the components of household waste are collected separately as follows from the Separate Collection of Household Waste Decree.
3. Plastic packaging, metal packaging and beverage cartons are collected together.

Article 8. Segregated offer

1. The components of household waste referred to in Article 7, other than separately:

   a. submit for collection;

   b. to be left at a collection site referred to in Article 5.

2. Notwithstanding the first paragraph, it is prohibited to offer the components of household waste for which separate collection as referred to in Section 7 does not apply other than separately or jointly with the components of household waste referred to in Section 7, third paragraph.
3. Mayor and aldermen may establish further rules. These rules may include an exemption for categories of cases or persons from the prohibition referred to in the first paragraph.

Article 9. Time of offer

It is prohibited to offer household waste for collection other than on the day and times determined by the mayor and aldermen for this purpose. These may be set differently for different constituents.

Article 10. Mode and place of offer

1. It is prohibited to offer household waste for collection other than in accordance with the rules to be established by the Mayor and Alderman on the use of:

   a. collection devices for offering for collection at a parcel;

   b. collection facilities for offering for collection near a lot.

2. It is prohibited to leave a collection device outside a parcel of land after the end of the specified day and times referred to in Article 9.
3. Mayor and aldermen may establish further rules for categories of parcels. These rules may include an exemption from the prohibition.

§ 3. Commercial waste

Section 11. Collection of commercial waste by collection service.

Mayor and aldermen may designate components of industrial waste to be collected by the collection service designated pursuant to Article 3, in cases where the levy due for such collection pursuant to the Gemert-Bakel Waste and Cleansing Fees Ordinance has been paid.

Article 12. Presentation for collection of commercial waste.

It is prohibited to offer or transfer commercial waste for collection by the collection service, or to leave it at a collection site as referred to in Article 5, other than in accordance with Article 11.

Article 13. Regulation of collection of industrial waste.

1. It is prohibited to offer industrial waste for collection other than in accordance with the rules to be established by the Mayor and Aldermen regarding the days, times, ways and places of collection of the industrial waste designated under Article 11.
2. Mayor and aldermen may establish further rules for the offering, transfer or abandonment of commercial waste. These rules may also be established for others than the collection service. These rules may include an exemption from the prohibition.

§ 4. Litter and other

Article 14. Dumping ban

1. It is prohibited without an exemption from the Mayor and Aldermen, outside an establishment, to cause a nuisance or detrimental effect on the environment, by placing, depositing, keeping, abandoning or otherwise placing a waste, substance or object on or in the soil.

2. The first paragraph does not apply to:

   a. the offering, transfer or abandonment of household waste or commercial waste in accordance with this Ordinance;

   b. composting household vegetable, fruit or garden waste on the plot where it was generated;

   c. the loading, unloading or transport of waste materials, including the unavoidable placing of waste materials, substances or objects on the road in the process, as referred to in Article 1 of the 1994 Road Traffic Act;

   d. operations prohibited by or under the Soil Protection Act, the Environment Act or the Soil Quality Decree.

3. If the violator of this article is unknown, the person to whom the waste, substance or object found is traceable shall be deemed to have violated this article.

Article 15. Litter in public areas.

1. It is prohibited to leave household waste of limited size and weight generated outside a plot in the public space, other than in designated waste bins or other means of collecting such waste.
2. Advertising materials, other promotional materials and their packaging, which are thrown away or left in the public area in defiance of the first paragraph, shall be promptly disposed of by the person who distributed them to the public in the relevant area.
3. It is forbidden to cause litter by searching or scattering, bumping, kicking, overturning or otherwise handling waste materials or collection devices ready for collection.

Article 16. Litter around establishments.

The person who operates an establishment where food or beverages are sold that can be consumed on the premises shall ensure the presence in or near the establishment of a waste receptacle or similar means of holding waste that is always available for use by the public and emptied in a timely manner.

Article 17. Waste and pollution on the road

1. It is prohibited to pollute a road referred to in Article 1 of the Road Traffic Act 1994 or adversely affect the environment by loading, unloading or transporting waste materials, substances or objects or carrying out other work.
2. The person who pollutes the road or adversely affects the environment in violation of subsection 1, or his principal, shall cause the road to be cleaned immediately after the completion of the work of that day, or as much earlier as is necessary to ensure the safety of traffic or the protection of the road surface.

Article 18. No outdoor storage of waste

It is prohibited to store or have stored waste in an open-air place visible to the public, other than by offering, leaving or transferring household waste in accordance with Section 2 of this Ordinance. The prohibition does not apply if an environmental permit has been issued for the storage of waste.

Article 19. Disposal of end-of-life vehicles

It is prohibited to dispose of a car wreck originating from a plot other than by delivery to the holder of an environmental permit for dismantling car wrecks or wrecks of two-wheeled motor vehicles.

§ 4a. Pet carcasses

Article 19a. Pet animal carcasses.

1. For the purposes of this article, companion animal means an animal that humans keep and care for in or around the home, other than a hobby or farm animal.
2. Mayor and aldermen shall designate one or more collection sites where pet animal carcasses shall be collected.

§ 5. Enforcement and supervision

Article 20. Offenses

Violation of the provisions under or pursuant to Articles 4, 6, 8 to 10 and 12 to 19aand the regulations and restrictions given therein, is an offence under Article 1a, section 3 of the Economic Offences Act.

Article 21. Supervisors

The officials appointed by mayor and aldermen pursuant to Section 5.10(3) of the Environmental Law (General Provisions) Act or Section 18.6 of the Environment Act shall be charged with supervising compliance with the provisions of or pursuant to these by-laws.

§ 6. Final provisions

Article 22. Repeal of former regulation.

The Waste Ordinance of the Municipality of Gemert-Bakel, adopted in 2009, is repe aled.

Article 23. Entry into force and citation

1. This regulation shall take effect from [date].
2. This ordinance shall be cited as: Waste Materials Ordinance Municipality of Gemert-Bakel 2025.