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OPINION: Garbage Police, brought to you by Courtenay council

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An old recycling truck is seen in downtown Courtenay on October 5th. In January, the city’s plan is to launch different trucks alongside a system of tracking, audits and escalating enforcement. (Connor McDowell/Comox Valley Record)

You might have heard about the new trash cans, but did you hear about the staff searching through your new trash cans?

Yes, it’s the city’s way of saving the planet – one garbage audit at a time. Starting January, “contamination management staff (Ambassadors) … will be out in the community on a daily basis monitoring recycling bins for contamination.”

The city is launching programs to find out if you’re chucking recycling in the trash, or trash in the recycling, or organics in the trash, or trash in the organics, et cetera. Anything that does not belong is called “contamination.” The ambassador program will focus on your recycling.

“The inspection efforts will range from proactively lifting lids… to a complete emptying of a recycling bin,” reads the report.

Also proposed for the new garbage system: if citizens are found with contamination at garbage day, they will be placed in a tracking system. The city will have the right to search your carts, and can fine you for obstructing them.

If you’re concerned, settle down — it’s for the environment. So put out a plate of cookies for the Garbage Police, starting January. They’re coming.

A similar system is also in front of Comox council.

Reason

The reason for Garbage Police is, the city needs to make sure the new trash program doesn’t backfire.

As reported at city council, other communities found a counterproductive side effect from automated-garbage-truck programs. Typically, communities found increased garbage “contamination” after launch.

To make sure Courtenay doesn’t see the same result, the city is deploying Garbage Police.

Before diving into the system, I want to make something clear: Garbage Police does not happen without council approval.

Council approval

At the Nov. 22 council meeting, Courtenay council approved first, second and third readings for the associated bylaw, Bylaw 3113, 2023. Council also passed the enforcement policy, the “Solid Waste Contamination Management Policy.” The conversation was 40 minutes, there was not a single objection to the idea of auditing citizens’ garbage.

You might be tempted to criticize council, but I will later pass the responsibility back to you. Until then, take a look at the system that is proposed to start in January:

Policy

When a garbage truck comes on pickup day and finds that Joe Homeowner’s garbage has contaminants, “the city will be notified of contamination via the RFID tracking system.” The truck driver will be able to digitally alert the city that Joe’s house had contaminants, through tags on Joe’s new carts. Joe’s address will then enter a system of escalating enforcement.

At first offence, staff will slap a sticker on Joe’s can saying “OOPS!” and deliver education materials so Joe knows how to organize his waste better. The next pickup day, someone will (for the environment) audit his cans at curbside to make sure things have changed.

If, in the next four pickups (up to two months), Joe is found to have recycling in the trash, or trash in the recycling again, he’ll be moved to the government’s “Step 2” contamination management policy level. Direct engagement is the plan, “which may include an in-person visit by city staff” or whoever Courtenay pays to attend Joe’s household.

The policy escalates in kind up to “Step 5,” where contamination — like a depot recyclable in the recycling cart — is subject to a $200 fine every day that it’s found. The city also has authority to boot Joe off the garbage pickup list, while continuing to charge him for the service in taxes every year.

If at any time the team does not find contamination for four consecutive pickups, Joe moves down one Step.

The city has made participating in the new program mandatory.

Discretion

Perhaps the most concerning detail about Courtenay’s policy is that it allows selective enforcement.

Enforcement is at the City’s discretion, according to the city policy. For example, when council asked if homeless people would be penalized under the proposed $200 fine for removing something from another persons’ cart, staff told council that homeless people didn’t have to be penalized, because enforcement is up to discretion.

It continues.

As sending staff to audit garbage cans and enforce policy is “resource intensive,” Courtenay will struggle to follow through with punishment. If hundreds of houses are caught, who does the city escalate against? The city chooses.

Clearly, this has massive potential to be abused.

Government gaining the power to selectively enforce garbage audits against citizens: not good. We saw something similar to this recently, in council’s selective enforcement against Aaron House Ministries, while not applying the same scrutiny to any other non-profit on the tax exemption list.

Lastly, the enforcement policy is concerning because it can be changed.

As a “policy” instead of a “bylaw”, the city can alter the rules without a vote needed from elected officials (a vote would be needed to change the enforcement system if it was an official bylaw). That means the city has the authority, for instance, to bring fines to “Step 1” and write citizens a ticket on the very first offence.

“At any time, for any reason, and in their sole discretion, the Director (city) may deviate from any of the … suggested enforcement steps,” reads the policy. The “policy is intended to be more discretionary in enforcement, providing the City some flexibility rather than including the enforcement steps in a formal bylaw,” it says.

Recycle BC can penalize the City of Courtenay if garbage is too contaminated, so it is plausible that under pressure the city would up enforcement on citizens to prevent this from happening.

The policy was adopted through a vote at the Nov.22 meeting by Courtenay council including Couns. David Frisch, Melanie McCollum, Wendy Morin, Evan Jolicouer, Doug Hillian and mayor Bob Wells. The associated Bylaw 3113, 2023 was also approved in first, second and third reading. The bylaw needs to pass one more vote before it is final.

As the garbage system is planned to roll out in January, the vote to finalize Bylaw 3113, 2023 will likely take place at the next, and only scheduled council meeting in December, on the sixth. Show up.

Responsibility

Now to pass it back to you.

Councillors are not fully to blame if they pass this bylaw. They are being pulled in many directions, and at the moment, citizens are not pulling back.

With 74 per cent of Courtenay not even voting last year, it’s no doubt council hears nothing from a large chunk of its community. In the absence of local voice, influence starts coming from things like provincial garbage reduction targets.

Council exists to speak on behalf of the people. What becomes of council when the people don’t engage? Through apathy for local issues, the Courtenay community — not council — has failed to defend citizens’ interests.

Do you truly have the opinion there’s no use getting involved in local politics? Well, Garbage Police is local politics. It’s something councillors can stop.

So if you look down your driveway in January and see an “ambassador” digging through your trash, or you get an “in-person” visit about the contents of your garbage cans, accept some of the responsibility for being too apathetic to show up to a council meeting. This is your Courtenay.

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Connor McDowell

About the Author: Connor McDowell

Started at the Record in May 2023. He studied journalism at the University of King’s College in Halifax
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