Solid Waste By-Law 2020-14

Rural Municipality of West St. Paul, Manitoba

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## THE RURAL MUNICIPALITY OF WEST ST. PAUL ## BY-LAW NO. 2020-14 BEING A BY-LAW OF THE RURAL MUNICIPALITY OF WEST ST. PAUL TO REGULATE AND ESTABLISH CONTROLS OVER THE RESIDENTIAL STORAGE, COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTES, RECYCLABLES AND YARD WASTE, AND TO REPEAL BY-LAW 2015-21 WHEREAS a portion of Subsection 232(1) of The Municipal Act, L.M. 1996, c.58 Chap. M225 provides that: 232(1) A council may pass by-laws for municipal purposes respecting the following matters: - (a) the safety, health, protection and well-being of people, and the safety and protection of property; - AND WHEREAS Subsection 252(1) provides that: 252(1) A municipality exercising powers in the nature of those referred to in clauses 250(2)(a), (b), (c) and (e) may set terms and conditions in respect of users, including - (b) providing for a right of entry onto private property to determine compliance with other terms and conditions, to determine the amount of deposits, fees or other charges, or to disconnect a service; and - (C) discontinuing or disconnecting a service and refusing to provide the service to users who fail to comply with the terms and conditions. - AND WHEREAS Subsection 252(2) provides that: 252(2) A charge referred to in clause (1) (a) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act. - AND WHEREAS a portion of Subsection 250(2) provides that: 250(2) Without limiting the generality of subsection (1), a municipality may for municipal purposes do the following: - (c) acquire, establish, maintain and operate services, facilities and utilities; NOW THEREFORE The Rural Municipality of West St. Paul, in Council assembled, enacts as follows: - SHORT TITLE - 1.0 This By-Law may be cited as the "Solid Waste By-Law". 2. DEFINITIONS - Where used herein - 2.0 "Ashes" means residue from the burning of wood, coal, coke and other like material for the purpose of cooking, heating buildings, and disposing of waste combustible materials. - 2.1 "Automated Collection" means the collection of garbage or recycling material, using a specially designed vehicle with a mechanical apparatus which empties a collection cart directly into the vehicle without requiring manual labour to empty the carts). - 2.2 "Collection Cart" means garbage or recycling cart approved and supplied by the Municipality which is specially designed for lane and/or front street automated garbage/recycling collection, with an approximate size of sixty-four (64) gallons and weight limit of 100kg. - 2.3 "Collection Point" means the part of the property, roadway or lane allowance that has been designated by the Municipality for the setting out and collection of garbage and recycling carts. - 2.4 "Collector" means a person who collects garbage or recycling within the Municipal limits for and on behalf of the Municipality. - 2.5 "Commercial Garbage and Recycling Collection" means a garbage and recycling collection provided by an independent collector and not by the Municipality. - 2.6 "Construction and Demolition Wastes" means waste building materials and rubble resulting from construction, remodeling, repairs, demolition or fire in houses, commercial buildings, pavements and other structures located in the Municipality - 2.7 "Contamination" means the co-mingling of an items) in garbage or recycling carts referred to in the list below: - i) recyclable materials - ii) garbage OR - iii) generally refers to any item which is not acceptable in either the garbage and/or recycling cart such as special wastes or items described in subsection 12.0. - iv) in the case of recyclable materials, contamination also refers to recyclable items which may be soiled or dirty, which renders such items non-recyclable. - 2.8 "Council" means the Council of the Rural Municipality of West St. Paul. - 2.9 "Curbside Collection" means the collection of garbage and recycling, in collection carts provided for by the Municipality, and yard waste from an approved collection point adjacent to a street curb. - 2.10 "Designated Officer" means a person appointed to a position established under section 130 of The Municipal Act, their designate or such other person as may be authorized to exercise some or all of the powers vested under this By-Law. - 2.11 "Garbage" including debris, garbage and litter, means that which is refused or rejected as useless or worthless matter, filth, residential garbage, rubbish, scum or leavings, including all foreign substances and pollutants other than liquid sewage, liquid waste, hazardous waste, and contaminated soil; and "Waste" and "Solid Waste" shall have a similar meaning. - 2.12 "Hazardous Waste" means a substance that is designated a "hazardous waste" by regulation under The Dangerous Goods Handling and Transportation Act R.S.M. 1987 c. D12. - 2.13 "Household Hazardous Waste" means waste material generated in residences that pose a risk to health, safety or the environment. - 2.14 "Landfill Site" shall mean Prairie Green Landfill which is designated by the RM of West St. Paul as the current landfill site for the purpose of disposing of refuse and recycling. - 2.15 "Litter" means accumulated odds and ends, leavings, a state of untidiness, a disorderly accumulation of paper and other garbage. - 2.16 "Multiple Family Dwelling" means a building or portion thereof, designed for occupancy by three (3) or more families living independently of each other. - 2.17 "Municipality" means the Rural Municipality of West St. Paul, a municipal corporation in the Province of Manitoba, and where the context so requires, means the area contained within the corporate boundaries of the said Municipality. - 2.18 "Notification of Non-Compliance" means any owner or occupier of a parcel found to be contaminating garbage and/or recycling carts shall be given written notice by the Municipality of noncompliance. - 2.19 "Owner" means the person shown as the registered owner of the parcel in The Property Registry. - 2.20 "Parcel" means any lot, block or other area in which land is held or into which it is subdivided. - 2.21 "Person with Disability" means a person who, in the opinion of his or her physician, is, by reason of a permanent or temporary disability, unable to comply with the requirements of this by-law with respect to setting out garbage or recycling carts at the appropriate collection point. - 2.22 "Recyclable" means any item of household recycling that is eligible for funding under the Provincial Product Stewardship Programs and the Municipality deems it expedient to separate from the waste stream. - 2.23 "Residential Property" means any property assessed fifty percent (50%) or more residential by the Provincial Municipal Assessment Branch. - 2.24 "Save Harmless Agreement" means an arrangement between parties in which one party assumes the liability and agrees to hold the other party blameless. - 2.25 "Secondary Suite" means a self-contained accessory dwelling unit located within, or attached to, a permanent single-family detached dwelling that is a single real estate entity. - 2.26 "Sharps" means needles, syringes, blades, laboratory glass, or other such objects capable of causing punctures or cuts. - 2.27 "Single Family Housing" means a building or portion thereof, designed for occupancy by one (1) family. - 2.28 "Temporary Additional Dwelling" means a temporary single detached dwelling containing bathroom and kitchen facilities that may be accessory to an existing single detached dwelling and that is designed to be portable. - 2.29 "Two Family Dwelling" means a building or portion thereof, designed for occupancy by two (2) families living independently of each other. - 2.30 "White Goods" means metal appliances such as refrigerators, freezers, clothes washers, dishwashers, clothes dryers, ranges, stoves, air conditioners and hot water tanks. - 2.31 "Yard waste" means wastes that consist of leaves, grass clippings, garden wastes, light hedge clippings, and tree trimmings no more than 10cm or four inches in diameter. ## ADMINISTRATION - 3.0 This By-Law shall be administered by the Designated Officer of the Rural Municipality of West St. Paul. ## RIGHT OF ENTRY TO PRIVATE PROPERTY - 4.0 The Designated Officer may enter any grounds, yards, vacant lots for any purpose related to the administration of this By-Law. ## 5. COLLECTION AND DISPOSAL SYSTEM - ELIGIBILITY OF SERVICES - 5.0 Subject to the terms and conditions contained in this By-Law and any directives issued by Council from time to time, the Municipality shall collect garbage, recyclable materials and yard waste from residential properties. - 5.1 An owner of a parcel containing a single family dwelling, secondary suite, temporary additional dwelling, two family dwelling or multiple family dwelling shall make use of the solid waste disposal services provided by the Municipality. If the Municipality deems that the parcel cannot be safely, efficiently and legally serviced by the Municipality's automated collection system the owner must arrange for commercial garbage and recycling collection at the expense of property owner. Notwithstanding the foregoing, if the Municipality considers that a parcel cannot be safely, efficiently and legally serviced, the Municipality shall exclude that parcel from servicing under this By-Law, and upon notice to the owner of the parcel, shall not be permitted or required to receive the Municipality's solid waste disposal service(s). - 5.2 Commercial property owners, or occupants, must arrange for commercial garbage and recycling collection at the expense of the property owner. - 5.3 The Municipality shall not provide garbage, recycling or yard waste collection services for waste that is generated beyond the boundaries of the Municipality of West St. Paul without prior approval from Council. ## 6. FREQUENCY OF GARBAGE AND RECYCLING COLLECTION SERVICES - 6.0 The Municipality shall provide the following services by way of automated collection to each parcel under this section and, as applicable, to those parcels for which owners opt to receive Municipal services are accepted: - a) Garbage collection once per week on the same week day, Wednesday or Thursday unless adjusted for the following statutory holidays; Canada Day, Remembrance Day, Christmas Day and New Year's Day; - b) Recyclable collection once per week on the same week day, Wednesday or Thursday unless adjusted for the following statutory holidays; Canada Day, Remembrance Day, Christmas Day and New Year's Day; - c) Yard waste collection bi-weekly on the same week day, Wednesday or Thursday unless adjusted for the following statutory holidays; Canada Day; - d) Yard waste to be collected, seperate from garbage stream, starting the week of May 1st and ending the week of October 31st annually. Additional collection days may be scheduled if authorized by Council. - 6.1 The Municipality will, upon proof of payment and residency of the RM of West St. aul, Will reimburse the cost of use of a waste or recycling facility up to a maximum of $60.00 per household Residents must provide proof of payment in the year no later than January 15 of the following year. Submissions received after this date will not be processed. ## COLLECTION OF HOUSEHOLD HAZARDOUS WASTE - 7.0 The Municipality shall not collect household hazardous waste during its regularly scheduled curbside collection program. - 7.1 No owner shall set out household hazardous waste for collection by the Municipality, either on its own or mixed with any waste with respect to which the Municipality provides services. - 7.2 The Municipality may provide, authorize or endorse a household hazardous waste disposal depot to provide residents a means by which to dispose of household hazardous waste items. ## GARBAGE AND/OR RECYCLING CARTS - 8.0 Only garbage and recycling carts approved by the Municipality as to size and location shall be utilized for retention of residential garbage and recycling to be collected by the Collector authorized by the Municipality. - 8.1 The Municipality will provide single family dwellings eligible for residential curbside collection with garbage and recycling carts. Garbage and recycling shall only be collected from carts provided by the Municipality. - 8.2 The builder of secondary suites, temporary additional dwellings, two family dwellings and multiple family dwellings shall be required to supply, at their expense, garbage and recycling carts. - 8.3 Owners of household residences may request an additional garbage or recycling cart, and upon approval by the Municipality, the owner shall pay the fee set out in Municipality's Fees &amp; Charges By-Law for the additional cart and collection. - 8.4 The garbage and recycling carts remain the property of the Municipality at all times. - 8.5 Each owner of an address to which a garbage and recycling cart is issued shall keep the garbage and recycling carts in good condition, and not in a condition that is noxious, offensive or dangerous to public health and shall clean such carts on a regular basis or when requested to do so by the Municipality. - 8.6 Each owner shall return either the garbage or the recycling cart or both to the Municipality upon request. - 8.7 If a garbage or recycling cart is damaged, the owner of the address to which the cart is issued may make a request to the Municipality to repair or replace the cart subject to the following: - a) if garbage or recycling cart damage is deemed to be as a result of noncompliance with any part of this By-Law or the result of owners or occupiers neglect and/or willful damage, the owner shall be responsible for the full cost of repair or replacement along with any other applicable fees or charges. - 8.8 If a garbage or recycling cart is lost or stolen, the owner shall contact the Municipality to report the lost or stolen cart and request the Municipality issue a new garbage or recycling cart as required. - 8.9 The owner shall pay the fee set out in Municipality's Fees &amp; Charges By-Law for the replacement of the lost or stolen cart. - Every person providing, or having provided for, a garbage or recycling cart, as required by this By-Law, shall keep the cover of such cart closed, except when placing garbage or recycling therein. - 8.11 Under no circumstances shall any person alter or modify garbage or recycling carts without the written consent of the Municipality, for the purpose of changing the intended use of said carts. - 8.12 Garbage and recycling carts are identified by serial numbers designated to a specific address. Any person who violates, contravenes, or fails to observe and carry out any provisions of the By-Law are subject to penalty according to subsection 17(a) of this By-Law. ## SETTING OUT GARBAGE AND RECYCLING CARTS AND YARD WASTE - 9.0 No owner or occupier shall set out garbage, recyclable materials or yard waste for collection unless the garbage, recyclable materials or yard waste are placed as close as possible to the edge of the roadway without obstructing the roadway, laneway or sidewalk and are free from contamination. - 9.1 Yard waste must be placed in an eligible container such as a brown paper bag, cardboard box or other reusable container in good condition, without a lid. Reusable containers without a lid will be emptied however, the Contractor nor the Municipality will be held liable for any damages or loss of container. Yard waste containers should not exceed 22kg (50lbs). - 9.2 Tied bundles of branches may be placed beside the containers or yard waste bags if the bundle is less than 22kgs (50lbs) and branches are less than one meter (39 inches) long 10cm (four inches) in diameter. - 9.3 Those who receive recycling collection services shall set out the recyclable materials, loose and free of plastic bags or any other wrapping in the appropriate recycling container. - 9.4 It is the responsibility of the owner, manager or superintendant of a building to ensure that recycling carts are free of contamination and that garbage carts are free of recyclable materials. Carts that are contaminated will not be collected and could lead to the termination of collection services due to non-compliance. Carts contaminated shall be charged a fee in accordance with the Municipal Fee &amp; Charges By-Law. - 9.5 Any person caught contaminating another residents garbage or recycling cart will face penalty under subsection 17 of this By-Law. Residents shall keep all areas where garbage and recycling carts are to be placed clear of snow and litter, in such a manner suitable for mechanical pick-up without operators being required to make manual adjustments to allow for pickup of carts. Seasonal changes may require change of location for collection to be determined by the Municipality. No garbage or recycling materials shall be allowed around the garbage or recycling carts; residents are required to deposit all material into the appropriate collection cart free of contamination. - 9.6 The Municipality will not be responsible for emptying carts that are inaccessible to the collection vehicle. - 9.7 The operator is not required to exit the collection vehicle or depart from the main roadway to facilitate automated collection. - 9.8 An owner shall not fill a garbage or recycling cart: - to a gross weight that exceeds the manufacturers weight limit of 100kg per 64 gallon cart. - to the extent that the lid does not close. - 9.9 If rear gate or fence modifications are needed to accommodate rear lane access for the carts, this shall be the responsibility of the property owner. - 9.10 Where a lane exists at the rear of any dwelling, carts shall be placed for collection within the property line adjacent to the lane allowance. - 9.11 Where no lane exists at the rear of any residence, or where other special conditions exist such as unimproved lanes, steep grades or any condition that makes collection impractical or hazardous, carts shall be placed adjacent to the front curb line with prior written approval from the Municipality. - 9.12 During collection days, garbage and recycling carts and yard waste shall be placed on streets and lanes adjacent to the curb or boulevard, but clearly off the travelled portion of the roadway. - 9.13 The cart collection point may be moved back from the front curb line as advised by the Municipality to accommodate planned snow removal or road maintenance. - 9.14 When not in use, carts must be stored on the owner or occupiers property. ## 10. TIMES FOR SETTING OUT GARBAGE AND RECYCLING CARTS AND YARD WASTE - 10.0 Every owner of a parcel and occupier of any premises on a parcel that receives front street or back lane collection services under this By-Law shall keep on the parcel at all times all collection carts supplied to the parcel. - 10.1 Garbage and recycling carts and yard waste that are considered front street or back lane collection are to be set out no earlier than twelve (12) hours (or otherwise approved and arranged by the Designated Officer) before collection occurs and no later than 7:00am on the designated collection day. - 10.2 Every owner with front street or back lane collection shall remove all collection carts from the street or lane allowance within twenty-four (24) hours of being emptied on the collection day. - 10.3 Carts shall be stored on owner's property so as to not interfere in any way with the ordinary travel of vehicles and pedestrians, be placed so as to encroach on any street, lane or public place. Under no circumstances shall a collection cart be stored at the collection location unless authorized by the Municipality. - 10.4 If carts are left on the lane side of fence or any other barrier but on occupant's property, the owner or occupier assumes responsibility for any issues of noncompliance. - 10.5 Non-compliance with the above provisions will be subject to the applicable fee as set in the Municipal Fees &amp; Charges By-law. ## 11. SPECIAL EXEMPTIONS - 11.0 Where an owner or occupier has a disability and is unable to comply with Sections 9 and 10 of this By-Law (and does not have an able-bodied person assisting with their household activities), the individual may apply to the Municipality for assistance from the Municipality in performing such obligations. If the Municipality is satisfied that the individual requires such assistance, then a special designation shall be made under conditions and terms set out by the Municipality to provide assistance, until such time that the Municipality may cancel such service at the Municipality's discretion. - 11.1 Application is to be made by completing the required form (Schedule "A"). The Municipality will require that the applicant provide proof of the disability from a physician by completing the application which can be downloaded from web site or mailed out upon request (Schedule "B"). As a condition of service under this section, the owner or occupant shall ensure that collection carts are at all times freely accessible and not enclosed within any building or restricted area and at no time shall the safety of the collector be jeopardized. The Municipality is not responsible for any property damage as a result of executing this service. ## 12. POWERS AND DUTIES OF RM OF WEST ST. PAUL CONTROL - 12.0 The following items shall not be allowed in the containers, including but not limited to: - a. poisons, acids, caustics, explosives or other dangerous materials, until instructions have been received from the Department and/or a Provincial or Federal Environment Control Official, as appropriate; - b) biomedical wastes and sharps; - c) sod, concrete, building materials, appliances, white goods, furniture, ashes, electrical and electronic equipment, yard maintenance equipment, motor oil, motor oil filters, motor oil containers, household hazardous waste, paint, tires, construction and demolition wastes or animal parts. Property owners or occupants shall, at their expense, make arrangements to have this material hauled to the Landfill Site or other approved location either by the owner or occupant or arrange for commercial garbage collection. - 12.1 The decision of the RM of West St. Paul shall be final as to quantities and classes of material to be moved in accordance with this By-Law. - 12.2 The removal and disposal of industrial, commercial or institutional garbage shall be the sole responsibility of the party that has generated such garbage. - 12.3 When an owner or occupant requests the Municipality or its collectors to enter onto private property to collect residential garbage for disposal, the owner or occupant shall first enter into a written agreement to "save harmless" the Municipality for any damage which may arise from such collection. Should an owner or occupant not be prepared to "save harmless" the Municipality, then the Municipality shall not be required to collect any garbage, recycling or yard waste from the said property and the owner or occupant shall be solely responsible for garbage, recycling and yard waste removal. - 12.4 All animal waste should be double bagged before disposing in a garbage cart. - 12.5 In the event that any owner or occupant of any property shall fail to comply with any of the foregoing provisions or conditions, the Municipality shall not be required to remove the garbage from the premises and the removal thereof shall be the sole responsibility of the owner or occupant and all costs associated with the removal. - 12.6 Under no circumstances shall hazardous waste, contaminated soil or special waste as special wastes or items described in subsection 12.0 be disposed of into a garbage or recycling cart. - 12.7 Everything which is in garbage or recycling carts) when placed at the curb, or edge of laneway, is the responsibility of the property owner and/or occupier. In accordance with subsection 9.8, the operator will not pick up carts where the lid is not closed due to overfilling. Once material enters the garbage truck, it becomes the property of the Municipality. - 12.8 Any material not entering the truck due to any unforeseen circumstances is still the responsibility of the property owner, excluding operator error. ## 13. LITTERING - 13.0 No person owning or occupying property shall allow litter to accumulate upon that property in such a manner as to be unsightly or in such a manner that said litter may be blown or otherwise carried by the natural elements onto a public place, public area or private property. - 13.1 Persons owning or occupying property shall keep the ditches, sidewalk, lane at the rear of, and/or the boulevard in front of and flanking, and the property free of litter. - 13.2 No person shall load a vehicle used for the conveyance of litter in such a manner that the load may be readily disturbed by vehicular movement or wind unless such vehicle is so constructed as to totally enclose the load or the load is covered by a tarpaulin, netting or other device of adequate size and design so as to totally cover the load and to prevent material escaping from the load. - 13.3 No person shall drive or move any vehicle within the Municipality unless such vehicle is so constructed, loaded, or covered to prevent any load, contents or litter from being blown or deposited upon any public place, public area, or private property. - 13.4 The operator of any vehicle shall not throw, deposit, drop, or dump from any vehicle or allow to be blown from any vehicle, any refuse except where authorized under Section 15 hereinafter. - 13.5 Owners and tenants in lawful control of a public area shall provide litter receptacles in appropriate and easily accessible locations and shall be responsible for the servicing and maintenance of these receptacles. - 13.6 Persons owning or occupying places of business shall keep the sidewalk and boulevard in front of and flanking, and the lane at the rear of that business premises free of litter. - 13.7 Every proprietor of any place where foodstuffs or refreshments are sold in cartons, containers or papers, and the business is carried on under such circumstances that cartons, containers or papers are discarded in the vicinity by patrons of the place, shall keep the premises and all public or private lands, streets, lanes or passageways within a distance of twenty-five (25) meters from - the premises free of all discarded cartons, containers or papers by collecting and disposing of the same at such times and in such manner as shall be satisfactory to the Municipality. - Where a business described in subsection 13.7 is carried on in any place, all discarded cartons, containers and papers, of a kind used in the business, that are Tound within the twenty-tive (25) meters distance from the place pursuant to subsection 13.7 shall be presumed to have been used for the sale of goods sold in that place, and to have been discarded by patrons thereof. - No person shall deposit in or upon any vehicle, street, park, lot, public place or in any open veranda, any handbill, circular, card, advertising matter or other similar article that may litter the streets. - 13.10 No persons shall deposit or permit any servant, agent or employee to deposit any refuse, litter, liquid wastes or any offensive matter on or in any street, lane or public place. - 13.11 No person carrying on building operations or alterations shall deposit on any street, lane or public place any earth, rubbish, or other garbage other than surplus materials. ## 14. CLEANING OF PRIVIES AND TEMPORARY CLOSETS - 14.0 The owners or lessees of privies and temporary surface closets known as "contractors closets" shall ensure that contents are regularly removed at their expense, in a manner approved by the Designated Officer. ## 15. CONVEYANCE OF WASTES - 15.0 No person shall convey or cause to be conveyed any solid or liquid wastes in a vehicle that is not properly constructed and covered so as to prevent the contents thereof from escaping. - 15.1 No person shall allow any vehicle containing solid or liquid wastes of a toxic or offensive nature to stand in any location for more than thirty minutes. ## 16. OFFENCES, ABATEMENT OF NUISANCES - 16.0 It shall be an offence for any person to deposit or accumulate or permit to be deposited or accumulated upon his premises anything which would or may become offensive or injurious to health, or to allow such deposit or accumulation to remain upon his premises when ordered to remove same by the Municipality or its collector. - 16.1 No person, by him or herself or other person, shall deposit in part or in whole, any dead animal, fish and/or poultry, offal, manure, garbage as defined in subsection 2.11, fruit, vegetables, excreta, filth or anything which is or may become prejudicial to health upon or into any street, lot, ditch, pond, stream, river, well or storm drain or onto any lane or premises; provided, however, that the provisions of this section shall not apply to proper disposal of any such material into the landfill or a recycling depot with the consent of the RM of West St. Paul and providing further that it complies with the regulations of The Environment Act. - 16.2 The Municipality may, by written notice, require the removal of any accumulation of dirt, stones, old implements, scrap iron, or other rubbish from streets or other public or private property by the person depositing same or permitting same to remain on the property owned or occupied by him. This regulation shall not affect any property that has received authority from Council which allows for the operation of any commercial or business establishment that requires the accumulation of the above materials. ## 17. PENALTIES - 17.0 Any person who violates, contravenes, or fails to observe and carry out any provisions of the By-Law is guilty of an offence and liable to a fine not exceeding One Thousand Dollars ($1,000.00), plus applicable costs. - 17.1 Where the contravention, refusal, neglect, omission or failure, including failure to comply with a notice, order or direction given him by the RM of West St. Paul, continues for more than one day, the person is guilty of a separate offense for each day that it continues. ## 18. ENACTMENT - 18.0 This By-Law shall come into force and take effect on January 31, 2021. - 18.1 That By-Law 2015-21 is hereby repealed. DONE AND PASSED by the Council of The Rural Municipality of West St. Paul in regular session assembled this 2nd day of November, A.D. 2020. ## RURAL MUNICIPALITY OF WEST ST. PAUL <!-- image --> Mayor They Chitin <!-- image --> Read a first time this 10th day of October, A.D. 2020. Read a second time this 26th day of October, A.D. 2020. Read a third time this 2nd day of November, A.D. 2020 ## BY-LAW NO. 2020-14 SCHEDULE "A" ## Application for Service Level Change I hereby declare that I have a disability that is sufficiently severe such that I am unable without assistance to set out, and bring back in after collection has occurred, my garbage and recycling carts some or all of the time and I do not have an able-bodied person that can perform the function. I consent to the disclosure of personal information (including medical information) by a medical protessional to the RM of West St. Paul for the purposes of determining my eligibility for the Set Out/Set Back service. I will advise the RM of West St. Paul or its agents of any changes to my mobility needs. I understand that the RM of West St. Paul has the right to review my application from time to time and can revoke my registration if they determine that I am no longer eligible for the Set Out / Set Back Service shall include collection crews entering my property parcel to move Garbage and Recycling collection carts to the curb or lane allowance for collection and return them to the property after the passage of collection. as occupier of property located at hereby apply for this service and agreeto the following conditions: - The occupier of this property has a physical disability that prevents them from moving the carts to the collection point and do not have an able-bodied person to help them with this activity; - Carts shall be freely accessible and not be placed inside closed buildings or a gated area; - If an able-bodied person becomes available prior to the expiry of an approval, this service will no longer be provided; - The Municipality is not responsible for any damage to private property resulting from the executing of this service. - Approval of this service is at the discretion of the RM of West St. Paul ## Applicants Information What is the nature of the disability? Name of medical professional Telephone: Is the disability permanent? If the disability is not permanent, at what date would the Applicant be sufficiently recovered? Signature of Applicant Phone Number Date Please identify the area that the garbage and recycling carts will be located on collection days: ## Office use only - [ ] application is approved - [ ] application is denied Physician's Certificate Required (Schedule "B" to be completed and returned to the Municipality) The occupier will assist with any special designations as may be required to alert the crews that this type of collection is required; and comply with the following: ## BY-LAW NO. 2020-14 SCHEDULE "B" ## Supplemental Form for Persons with a Disability This form is provided to Physicians in order to verify that the person named herein has a physical limitation that would prevent the person from setting out wheeled garbage/recycling carts for collection at the location specified by the Rm of West St. Paul. All information collected is under the authority of the Manitoba Personal Health Information Act (PHIA) and is rotected by the Protection of Privacy provisions of PHIA and FIPPA (The Freedom of information an rotection of Privacy Act) All information provided in this form is confidential and solely for the use of the RI of West St. Paul in determining eligibility for Set Out/Set Back service as authorized by the RM of West St. I authorize the professional completing this form to release pertinent medical information to the RM of West St. Paul about my disability or health condition as it relates to determining eligibility for this specialized service. Patients Name: Address: (Street Number and Name) (Postal Code) What is the nature of the disability? Is the disability permanent? If the disability is not permanent, at what date would the patient be sufficiently recovered? Physician's Signature: Telephone:\_ Physician's Name: - [ ] ] Physician - [ ] - Physical therapist - [ ] - Certified Psychologist/Psychiatrist - [ ] - Chiropractor - [ ] - Occupational Therapist - [ ] - Optometrist/Ophthalmologist - [ ] - Registered Nurse - [ ] - Long Term Care Case Manager Date: 20. Advocate or Spokesperson Completing Form for Applicant - [ ] - I certify that the information provided in this application is true and correct, based upon information given to me by the applicant. - [ ] I certify that the information provided in this application is true and correct, based upon a designated service agency assessment of the applicant's health condition or disability, which restricts their ability to manage this function. Name Signature Facility or Program Relationship to Applicant Address Daytime Phone Number Date Received Date Approved RM of West St. Paul