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Page 1 of 34
By-law 08-2023
A By-law to Repeal and Replace By-law 2018-22 and All Other Related
By-laws Being a By-law to Provide a Solid Waste Management System
for the Collection of Household and Commercial Waste and
Recyclable Materials Within the County of Northumberland
Whereas the Council of the Corporation of the County of Northumberland (the
"Council") enacted By-law No. 24-90 pursuant to section 209 of the now repealed
Municipal Act, RSO 1990, c. M.45 (the "Old Act") to assume waste management
powers, including such powers conferred upon the councils of local municipalities under
the Old Act, which By-law came into force and effect on January 1, 1991; and
Whereas section 12 of the Municipal Act, 2001, SO 2001, c 25, as amended (the "Act")
states that if on December 31, 2002 a By-law passed under the Old Act as it read on
that day was in force, that By-law continues and the power to pass By-laws conferred as
a result of that By-law continues; and
Whereas Section 11 of the Act provides broad authority to municipalities to pass by-
laws respecting certain matters, subject to certain restrictions, including by-laws
respecting waste management and the health, safety and well-being of persons.
Whereas the Council enacted several by-laws since 1990, including but not limited to
By-law 2015-19, By-law 09-02, and By-law 31-00, to provide for the establishment,
maintenance and operation of a solid waste management system and to provide for the
collection of waste, and other materials, and, deems it in the public interest to enact a
new by-law and repeal the former related by-laws; and
Whereas the Council deems it in the public interest to include in its By-laws provisions
to prohibit the unlawful and unauthorized depositing of waste, to maintain the health,
safety and welfare of the inhabitants of the County of Northumberland, and to
consolidate all such provisions of both enactments into a single by-law; and
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Whereas section 425 of the Act authorizes municipalities to pass by-laws which provide
that any person who contravenes a by-law of the council, passed under the authority of
the Act, is guilty of an offence; and
Whereas the Act provides that where a municipality has authority to direct or require a
person to do any matter or thing the municipality may also provide that, in default of its
being done by the person directed or required to do it, such matter or thing shall be
done at the person's expense, and that the municipality may enter upon land at any
reasonable time for that purpose, and the municipality may recover the costs of doing
such matter or thing from the person directed or required to do it by action or by adding
the costs to the tax roll and collecting them in the same manner as property taxes and
such costs, including interest, constitute a lien on the land;
Now Therefore Be It Enacted as a By-law of the Council of the Corporation of the
County of Northumberland as follows:
1.0
DEFINITIONS
1.1 For the purposes of this By-Law:
"apartment building" means a building which consists of six or more dwelling units;
"ashes" means the residue, including soot, of any fuel or waste after it has been
consumed by fire;
"bag tag" means a tag or a sticker bearing the County of Northumberland logo and the
word WASTE, issued by the County pursuant to this By-law;
"blue box" means a blue coloured, open-topped plastic box which is provided by the
County, or a plastic box comparable in weight and dimensions to a County provided
Blue Box, used for the collection of recyclable materials described in Schedule "B" of
this By-Law;
"boxboard" means thick paper packaging without a corrugated core;
"bridge" shall mean a public bridge, and includes a bridge forming part of a highway or
on, over or across which a highway passes;
"bulky household waste" means any weighty or bulky articles commonly used in the
home and shall include but not be limited to: mattresses, beds, carpets, chairs, sofas,
tables, exercise equipment, refrigerators, freezers, stoves, washers, dryers, televisions,
water tanks and other large appliances or furniture;
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"By-law", except where indicated otherwise, means this By-law and any amendments
thereto including any Schedules forming any part of this By-law and any amendments
thereto, as enacted by the Council from time to time;
"by-law enforcement officer" means a by-law enforcement officer for the County or any
other person authorized by the County to enforce the by-laws of the County, and
includes a police officer;
"cardboard" means paper packaging with a corrugated core;
"collector" means any person designated or authorized by the County to collect waste
pursuant to this By-law, and includes a collection contractor, and any person working for
a collection contractor;
"collection contractor" means a company, person, corporation or partnership performing
collection and haulage of waste under contract with the County of Northumberland;
"commercial premises" means premises in or at which a commercial business is being
operated;
"commercial waste" means any waste produced by or at any commercial premises;
"compostable waste" means any waste capable of being composted either at a central
composting site or in a backyard composter;
"construction or demolition debris" means any discarded building material, resulting
from the erection, demolition, repair, removal or improvement of any building, structure
or property, including, but not limited to, concrete, stones, earth from excavations or
grading, shingles, lumber, plaster, sawdust and shavings;
"container" means a garbage receptacle, recycling receptacle or household organic
waste receptacle approved by the County, also referred to as a receptacle;
"Council" means the Council of the County of Northumberland;
"County" means the Corporation of the County of Northumberland, or the geographical
area within the boundaries of the County of Northumberland, as the context allows;
"designated disposal site" means a disposal site designated and approved by the
County of Northumberland;
"dwelling unit", also referred to herein as a "household", means a unit consisting of one
or more rooms designed for use as a single housekeeping establishment;
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"garbage" means solid, non-hazardous waste, other than Unacceptable Residential
Waste described on Schedule "C";
"green bin or household organics receptacle" means a receptacle provided by the
County for the collection of Household Organic Waste, or another green coloured
receptacle of comparable dimensions used for that purpose;
"grey box" means a grey colored, open-topped plastic box which is provided by the
County, or a plastic box comparable in weight and dimensions to a County provided
Grey Box, used for the collection of recyclable materials described in Schedule "B" of
this By-Law;
"highway" includes a common and public highway, street or road and includes the
shoulders, ditches, culverts and other untraveled portions of a highway;
"home health care waste", means items used for personal home health care and
includes, but is not limited to:
Empty and rinsed colostomy bags;
Empty and rinsed gastric and nasal tubes;
Incontinence products;
Intravenous bags and tubing;
Sponges;
Any other material deemed home health care waste by the County, but does not
include:
Pathological waste; or
Hypodermic needles, syringes or sharps
"Household Hazardous Waste" has the same meaning as Municipal Hazardous or
Special Waste;
"Household Organic Waste" means kitchen food waste and any other organic material
collected separately in Household Organics Receptacles for the purpose of composting
as determined by the County and described in Schedule "A" of this By-Law;
"household waste" means waste material from a dwelling unit;
"householder" means any owner, occupant, lessee, tenant, or any person having use,
occupation or charge of any dwelling unit or multi-dwelling unit building;
"industrial premises" means any building, structure or premises used for an industrial or
manufacturing purpose;
"industrial waste" means waste material from any one or more industrial or
manufacturing processes, or waste from any industrial or manufacturing premises;
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"lands" includes lands, tenements and hereditaments, or any estate or interest therein,
and any right or easement affecting them, and includes land covered by water;
"leaf and yard waste" means any organic or other material ordinarily associated with
yards or gardens, including plants, grass, flowers, branches, leaves, or bushes;
"local municipality" means a local municipality forming part of the County for municipal
purposes;
"manufacturers' waste" means any abandoned, condemned or rejected product or by-
product, or the waste from any process or by-product, produced as a result of the work
of any manufacturer, builder or contractor in the operation of such business or trade,
and scrap metal and motor vehicle parts from any garage or service station;
"multi-dwelling unit building" means a detached building containing up to five dwelling
units, and includes a rooming, boarding or lodging house;
"municipality" means The Corporation of the County of Northumberland, or the
geographical area within its jurisdiction, as the context allows;
"municipal hazardous or special waste", means items referred to as municipal
hazardous or special waste on Schedule D, and any other waste material designated as
municipal hazardous or special waste by Provincial statue and / or the County, also
referred to as Household Hazardous Waste;
"offence" means any offence under an Act or under a regulation or by-law made under
the authority of an Act;
"owner", when used in relation to property or premises, includes an "occupier" of real
property or premises as that term is defined in the Occupier's Liability Act, RSO 1990, c.
O.2, as amended, or any successor legislation thereto;
"person" includes a partnership or corporation, and the heirs, executors, administrators
or other legal representatives of a person to whom the context can apply according to
law;
"polycoat" means paper based packaging with a coating;
"private road" means any road or laneway that has not been assumed by either the local
municipality or the County of Northumberland;
"provincial offences officer" has the same meaning as in section 1 of the Provincial
Offences Act, RSO 1990, c P.33, as amended, or any successor legislation thereto;
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"receptacle or container" means a garbage receptacle, recycling receptacle, or green
bin approved by the County;
"recyclables" means recyclable material of a kind which is included in the County's
recycling program, including, but not limited to, items or material listed under
RECYCLABLE ITEMS in Schedule "B" to this By-law, and any other similar material;
"recycling receptacle" means a blue box or grey box that is used for collecting
recyclables;
"residence" includes a dwelling unit and unit in a multi-dwelling unit building but does
not include a dwelling unit in an apartment building;
"residential waste" means any household waste other than recyclables, household
organic waste, leaf and yard waste, or household hazardous waste, including, but not
limited to, those items listed under Schedules A, B, C and D to this By-law, and any
other similar material;
"serviced unit" means any dwelling unit or residential, institutional, retail or commercial
premises authorized to receive curbside collection services pursuant to this By-law;
"set fine" means the amount of fine set by the Chief Judge of the Superior Court of
Justice for an offence for the purpose of proceedings commenced under the Provincial
Offences Act, RSO 1990, c P.33, as amended, or any successor legislation thereto;
"sharps" means medical or veterinary equipment intended to be sharp for the purpose of
cutting, piercing, or shaving, and includes medical needles, scalpels and knives;
"street" means any public highway, road, lane, alley, square, place, thoroughfare or way
within the County of Northumberland;
"styrofoam" means expanded polystyrene;
"trade waste" includes industrial waste and manufacturers' waste;
"waste" means garbage, household organic waste, recyclables, leaf and yard waste,
and household hazardous waste;
"unacceptable residential waste" means any waste material or substance that, due to
the hazardous associated with it (be it dangerous, corrosive, flammable, poisonous or
explosive, etc.) are not accepted as part of the roadside collection program. A detailed
listing of UNACCEPTABLE RESIDENTIAL WASTE COLLECTION ITEMS is provided in
Schedule "C" to this By-law;
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1.2
Italicized terms in this By-law refer to such words or terms as defined in section
1.1.
2.0
SCOPE OF THE BY-LAW
2.1
The Council hereby declares and confirms its intent that should any
provision or any part of any provision of this By-law be held by a court of
competent jurisdiction to be invalid, or of no force and effect, it is the intent
of the Council in enacting this By-law, that each and every other provision
of this By-law, and every part of any provision, authorized by law, stand
and be applied and enforced in accordance with its terms to the extent
possible according to law.
3.0
APPLICATION
3.1
Roadside waste collection services may be provided, in accordance with
this By-law, to any dwelling unit, or to any institutional, retail or commercial
premises within the County, provided that such unit or premises is situated
within a municipality or part of a municipality in respect of which the
County has made arrangements for the provision of such services. In the
case of apartment buildings, the County may provide collection services to
these buildings, provided that each individual dwelling unit has road
frontage in front of the individual dwelling unit, on which to place their
waste materials for collection. The County may make arrangements for
the collection of recyclables from apartment buildings, on a case by case
basis. Apartment buildings receiving curbside collection services from the
County as of January 1, 2010, will continue to be entitled to this service,
even if the road frontage requirement is not met.
3.2
The owner of any property in the County which is not included in section
3.1 shall provide a system for the collection, removal and disposal of all
waste from such property.
3.3
Any person who generates waste in the County which is not eligible for
collection services under this By-law, shall provide a system for the
collection, removal and disposal of all waste so generated.
3.4
Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 are not applicable to
dwelling units within Ward Two of the Municipality of Port Hope.
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4.0
LOCATION OF WASTE FOR COLLECTION
4.1
Every owner of property, and every person putting out waste for collection
by the County, shall comply with the following requirements as a condition
of the provision of such collection service:
a) all containers shall be placed within three metres of the edge of the
street along which collection service is provided;
b) containers shall be placed either on the property from which they are to
be collected, or on the untraveled portion of the street directly in front
of the property, in the place of easiest access to the collector and at
ground level;
c) for multi-dwelling building units, as well as where compliance with
paragraphs a) and b) is not reasonably possible, County staff may
designate the location(s) at which containers shall be placed for
collection;
d) in all cases, every container shall be placed so as not to obstruct the
travelled portion of a street, public sidewalk or any other public way;
e) during times of snow accumulation, every container shall be left for
pick-up on the driveway of the property adjacent to the ploughed
portion of the roadway, or at such other location as may be designated
by County staff;
f) no collector shall be required, in order to collect waste, to enter into
any building, ascend any stairway, or enter into any elevator, hoist or
lift; and
g) except by order of County staff where entry is deemed to be feasible,
no collection vehicle owned, rented or operated under contract to the
County shall enter a privately-owned driveway or land, or other private
property, for the collection of waste;
4.2
The following are factors which County staff may consider in deciding
whether or not to authorize waste collection from private property, or in
designating a waste collection point:
a) the availability of a waste collection point that is freely accessible for
collection vehicles;
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b) the configuration of private streets and roadways, and the ability of
collection vehicles to maneuver safely on such streets and roadways;
c) the desirability of an enclosure for the storage of waste as well as the
availability of a freely accessible site for such an enclosure; and
4.3
in order to be considered for roadside collection by the County, private
roadways must service more than one residence and meet and maintain
the minimum specifications contained in Schedule "F". Private roadways
being provided with curbside collection services from the County as of
May 1, 2009, will continue to be entitled to this service, provided that items
e and f of Schedule "F" are adhered to.
5.0
FREQUENCY AND TIMES OF COLLECTION FOR RESIDENTIAL WASTE,
RECYCLABLES AND HOUSEHOLD ORGANICS
5.1
Except for the central business districts of the Town of Cobourg and
Municipality of Port Hope, collection service shall be provided once per
week per serviced unit between the hours of 7:00 a.m. and 5:00 p.m.
Exceptions to collection hours and schedules shall be affected only upon
the approval of County staff.
5.2
Collection times and routes and alterations thereto may be proposed by
the collection contractor engaged by the County, but shall be subject to
the approval by County staff.
5.3
Collection service shall be provided to the central business districts of the
Town of Cobourg and Municipality of Port Hope twice per week as
outlined in Schedule "E" to this By-law.
6.0
TIME OF PLACEMENT
6.1
Every owner of property or other person putting out residential waste,
recyclables or household organic waste for roadside collection shall place
such waste at the curb or roadside no earlier than 4:30 p.m. on the day
before the scheduled collection.
6.2
Every owner of property shall remove or arrange for the removal of any
waste, receptacle or material remaining for any reason on public property
after the time for pick-up before 10:00 p.m. on the day of the scheduled
collection, whether or not collection has occurred.
6.3
Where the owner fails to remove remaining waste in accordance with
Section 6.2, the County may issue an Order to remove the waste, which
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may take the form of a notice to the owner or another person who in the
opinion of the County or Enforcement Officer is responsible for the waste.
If after 24 hours from the issuance of this Order or notice, the waste still
has not been removed, the County may make arrangements for the proper
collection and disposal of the waste. All costs associated with collecting
and disposing of the waste will be billed to the person to whom the Order
or notice was issued and may be collected in the form of municipal taxes
in accordance with section 326 of the Municipal Act, 2001, SO 2001, c. 25.
7.0
HOLIDAY EXCLUSIONS
7.1
No collection shall be made on the following Statutory Holidays:
New Year's Day
Civic Holiday
Family Day
Labour Day
Good Friday
Thanksgiving
Victoria Day
Christmas Day
Canada Day
7.2
Where a designated holiday falls on a regular collection day, the collection
shall be made on the following working day unless an alternate collection
schedule is devised by County staff to accommodate such changes. Such
changes shall be designed to minimize the number of necessary changes
and the impact of change on County residents and businesses.
7.3
Changes to the collection schedule due to the holiday exclusions shall be
advertised by the County to ensure that residents have been adequately
notified of such changes.
8.0
LIMITATIONS ON NUMBER OF ITEMS PLACED OUT FOR COLLECTION
8.1
Unless otherwise provided in this By-law, no more than the following
combined number of containers of residential waste shall be collected by
the County on any collection day:
1.
up to two containers per serviced dwelling unit;
2.
up to two containers per serviced dwelling unit in a multi-unit
building, up to a maximum of ten for a building containing five such
units;
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8.2
Unless otherwise provided in this By-law, no more than the following
combined number of containers of household organics shall be collected
by the County on any collection day:
1.
up to two containers per serviced dwelling unit;
2.
up to two containers per serviced dwelling unit in a multi-unit
building, up to a maximum of ten for a building containing five such
units;
8.3
Unless otherwise provided in this By-law, no more than three containers of
household organics shall be collected by the County on any collection day
from any institutional, retail or commercial premises or unit thereof.
8.4
Unless otherwise provided in this By-law, no more than twenty containers
of recyclables shall be collected by the County on any collection day from
any institutional, retail or commercial premises or unit thereof.
8.5
There is no limit to the amount of recyclables that may be placed out for
curbside collection from a dwelling unit or a multi-dwelling unit building.
8.6
A collector may collect waste only:
1.
from a serviced unit;
2.
if the waste is of a nature authorized to be collected; and
3.
where such waste is placed for collection,
all in accordance with the provisions of this By-law.
9.0
MATERIALS NOT COLLECTED BY THE COUNTY
9.1
Every person responsible for waste not collectable or not collected by
the County under this by-law shall ensure such waste is disposed of
properly by and at the expense of that person, or the owner of the
property from or on which such waste was generated.
9.2
The following materials shall not be collected by the County or its
contractor:
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1) swill or other organic matter not properly drained or wrapped;
2) liquid waste or pathogenic wastes;
3) bio-medical wastes;
4) any material which has become frozen to the container and cannot be
easily removed;
5) trade waste, including any abandoned, condemned or rejected product
or waste material, builders' or contractors' refuse, and stock of any
wholesale or retail merchant;
6) discarded vehicle parts, and accessories from automotive service
stations or other automotive establishments;
7) any material in a receptacle or container which does not conform to
this By-law;
8) hot ashes or any waste material capable of starting fires;
9) sod, earth, tree trunks and large branches, stone, drywall, building
materials or building rubbish;
10) live creatures, carcasses or parts thereof or any dog, cat, fowl, fish, or
any other creature (with the exception of normal household organics);
11) any hazardous waste or any sharps;
12) any material that has been banned from the County landfill sites;
13) hay, straw and manure;
14) major appliances or large household furnishings;
15) explosive or highly combustible materials;
16) leaf and yard waste, except at times designated under section 12.1;
17) tires used for automobiles, trucks, trailers, motorcycles, bicycles, or
any other mechanized equipment;
18) bulky household wastes;
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19) construction or demolition debris.
9.3
Materials not collected by the County shall be source-separated and
composted or recycled where possible.
10.0 PREPARATION OF RESIDENTIAL WASTE COLLECTION
10.1 No person shall set out waste for collection except at the residential,
institutional, retail or commercial premises at which the residential waste,
recyclable, or household organics material is generated within the County.
10.2 The owner of the serviced unit, and/or any person putting out waste for
collection, shall ensure that no material is scattered by wind, animals, or
other cause, or by improper preparation of waste material. Waste shall be
drained of all liquids and be secured and then placed in the appropriate
container or bag, as defined in this By-law.
10.3 Residential Waste
10.3.1 Any property owner who places residential waste for collection shall
ensure that such residential waste is placed in opaque disposable
plastic bags measuring not more than 76 cm X 96 cm (30 inches X
38 inches), of a minimum of 1.5 ml thickness and must be capable
of being lifted with 20 kg (44 lbs) of contents. Plastic bags must be
securely tied before being placed into a container as described in
this By-law.
10.3.2 Every property owner shall ensure that containers used to hold
residential waste for collection comply with the following
requirements:
1) the containers must not exceed a maximum volume of 0.08
cubic metres or 80 litres (17 gallons);
2) containers shall be covered, watertight, have suitable handles,
and not be more than 66 cm (26 inches) high, or 46 cm (18
inches) in diameter;
3) containers, when filled with residential waste, must not weigh
more than 20 kg (44 lbs). The decision as to whether or not
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there is compliance with this requirement shall be at the
discretion of the County or the collector;
4) no container shall be filled above the top level, and all
containers shall be maintained so as to prevent access by
insects or animals, or the escape of odours therefrom;
5) all containers containing residential waste shall be labeled
appropriately to indicate that they contain residential waste;
6) every container shall contain residential waste exclusively, with
no mixing of different types of waste.
10.4 Recyclables
10.4.1 Every property owner shall ensure that paper and paper like
recyclables, as listed in Schedule "B" of this By-law, placed for
collection, are separated into a Grey Box or another container
which meets the following requirements:
1) the containers must not exceed a maximum volume of 0.08
cubic metres or 80 litres (17 gallons);
2) containers shall have suitable handles, and not be more than 66
cm (26 inches) high, or 46 cm (18 inches) in diameter;
3) containers, when filled with paper or paper like recyclables,
must not weigh more than 20 kg (44 lbs). The decision as to
whether or not there is compliance with this requirement shall
be at the discretion of the County or collector;
4) no container shall be filled above the top level;
5) all containers containing paper or paper like recyclables shall
be labeled appropriately to indicate that they contain paper
recyclables;
6) every container shall contain paper or paper like recyclables
exclusively, with no mixing of different types of waste.
there is compliance with this requirement shall be at the discretion of
the County or the collector;
all containers containing residential waste shall be labeled appropriately to indica
that they contain residential waste;
every container shall contain residential waste exclusively, with no mixin
of different types of waste.
no container shall be filled above the top level, and all containers shall be mainta
so as to prevent access by insects or animals, or the escape of odours
therefrom;
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10.4.2 Every property owner shall ensure that containers and container
like recyclables, as listed in Schedule "B" of this By-law, placed for
collection, are separated into a Blue Box or another container which
meets the following requirements:
1) the containers must not exceed a maximum volume of 0.08
cubic metres or 80 litres (17 gallons);
2) containers shall have suitable handles, and not be more than 66
cm (26 inches) high, or 46 cm (18 inches) in diameter;
3) containers, when filled with containers or container like
recyclables, must not weigh more than 20 kg (44 lbs). The
decision as to whether or not there is compliance with this
requirement shall be at the discretion of the County or collector;
4) no container shall be filled above the top level;
5) all containers containing containers or container like
recyclables shall be labeled appropriately to indicate that they
contain containers recyclables;
6) Every container shall contain containers or container like
recyclables exclusively, with no mixing of different types of
waste.
10.5 Household Organic Waste
10.5.1 Every property owner who places household organic waste, as
listed in Schedule A of this By-law, for collection shall ensure that it
is separated into a Green Bin, in accordance with the requirements
set out in section 10.5.2 below;
10.5.2 Green Bins used to household organic waste for collection shall
comply with the following requirements:
1) Green bins, when filled with household organic waste, must not
weigh more than 20 kg (44 lbs). The decision as to whether or
not there is compliance with this requirement shall be at the
discretion of the County or collector;
2) no green bin shall be filled above the top level;
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3) every green bin shall contain household organic waste
exclusively, with no mixing of different types of waste.
10.6 Every property owner who places cardboard for collection shall ensure
that such carboard has been flattened and placed into a container for
paper or paper like recyclables, meeting the specifications listed under
section 10.5, or flattened and tied into bundles which do not exceed the
dimensions of 76 cm X 76 cm X 25 cm (30 inches X 30 inches X 10
inches).
10.7 Every property owner who places half bags of residential waste, for the
purposes of half bag tags, as defined in section 11.1 of this By-law, shall
ensure that such residential waste is contained in grocery bags weighing
no more than 10 kg (22 lbs).
10.8 Every property owner who places recyclables, household organic waste,
or household hazardous waste for collection shall ensure they are
separated from residential waste items.
10.9 No person shall pick over, interfere with, disturb, remove or scatter any
residential waste, recyclables, household organics, or any articles placed
out for collection, whether housed in containers or otherwise.
11.0 USER PAY
11.1 (1)
Subject to subsection (2), every person who places any item or container
of residential waste for collection shall ensure a complete valid bag tag is affixed to its
exterior in a clearly visible location.
(2)
A grocery bag, defined as a plastic bag having maximum dimensions of 40 cm by
40 cm, containing residential waste, may, instead of a complete bag tag, have affixed to
it one half-bag tag, being a bag tag cut in half lengthwise.
11.2 Where plastic bags are used for residential waste, the bag tag shall be
attached to the plastic bag. To enhance the visibility, the bag tag must be
positioned so that the collector may easily see the entire bag tag. When
containers are used, the bag tags must be attached to a large article
positioned at the top, inside of the container so that the collector, upon
removal of the container's lid, easily sees it. The County accepts no
responsibility for bag tags lost or removed from waste bags or containers.
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Page 17 of 34
11.3 Any residential waste item not having the required bag tag, or half bag tag,
shall not be collected by the collector.
11.4 Bag tags must be purchased from the County at locations designated by
the County at a price established by Council resolution, as may be
amended from time to time, which price constitutes a user fee for the
collection of residential waste and recyclables by the County pursuant to
this By-law.
11.5 The payment of such fee shall be made to the Corporation of the County
of Northumberland through the purchase of residential waste bag tags
from the County or its authorized agents.
11.6 The monies so collected shall be used by the County to assist in
maintaining a system for the collection, removal and disposal of waste and
to assist the County in its initiatives to reduce, reuse and recycle waste
products.
11.7 No person shall use counterfeit bag tags. Persons found to be using
counterfeit bag tags will be subject to a fine. Upon a repeat offence,
curbside collection services may be suspended and / or terminated.
11.8 No person shall use partial bag tags on bags of residential waste unless
the requirements of Section 11.1 of this By-law are met.
12.0 SPECIAL PICK-UPS
12.1 The County, by notice to the public, may designate specific days and
times for the collection of special items such as leaf and yard waste, or
batteries
12.2 No material from special pick-ups will be collected unless it meets all
requirements concerning weight, size and non-collectable restrictions,
contained in the notice to the public.
13.0 WASTE STORAGE BINS
13.1 In rural areas, bins may be used to hold residential waste and recyclables
for curbside collection purposes. Every owner of property where such a
bin is so used shall ensure that every bin complies with the following
provisions:
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(1)
every bin shall be constructed in such a manner as to protect
residential waste and recyclables from being exposed to
precipitation, animals and insects;
every bin shall be easily accessible to the collector for the removal
of residential waste and recyclables by having a proper lid that can
be easily opened and stay in an open position, unassisted by the
collector while the items are removed;
bins shall be placed as close to the road as possible, and in any
event, within 3 metres (10 feet) of the travelled street surface, but
remain on private property unless permission is granted by County
staff for an acceptable site on public property or the road
allowance;
every bin shall have a bright red coloured, rigid flag of at least 7.5
cm X 7.5 cm (3 inches X 3 inches) mounted on an arm that can be
raised and lowered as appropriate. The flag must be in the upright
position if the bin contains acceptable residential waste or
recyclables for collection. No collection shall occur if the flag is in
the down position. The collector shall place the flag in the down
position after removing the waste;
if the collector fails or refuses to collect any waste, it shall be the
owner's responsibility to remove all uncollected waste from the bin
and ensure its proper disposition;
every bin shall be kept in a sanitary condition at all times. Any
unsanitary, improperly constructed or unmaintained bins will be
tagged by the County with a notice to correct the problem, and no
waste shall be collected from the bin until such problem has been
corrected. The collector shall notify the County immediately of any
unsanitary, improperly constructed or unmaintained bin;
the fact that more than one dwelling unit uses a bin shall not be
used to increase the maximum number of residential waste
containers produced by any single dwelling unit for collection
any waste deposited in or around the bin from any source will be
the responsibility of the owner to remove and dispose of
appropriately.
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14.0 COLLECTION CONTRACTOR'S RESPONSIBILITIES
14.1 The collector shall follow the laid-out routes and conform to all instructions
contained in this By-law and/or established by contract, or otherwise as
set out by County staff. The work of each route shall be completed daily
and the collectors shall be courteous and render every reasonable service
to the householder for the proper execution of work.
14.2 The collector shall handle all containers with due care. The collector shall
not overload any truck or allow any of the contents to fall therefrom and
shall carefully gather up any waste which may have been spilled onto the
ground.
14.3 Any container damaged by the collector, due to negligence shall be
replaced in kind, by the collector, at the collector's sole expense.
14.4 No person shall salvage waste items set out for curbside collection or
waste items in and around the disposal areas.
14.5 In no instances shall the collector be called upon to make collections from
any point which is unreasonably inconvenient or dangerous to any
employee or equipment, nor shall the collector be required to remove
containers from any point other than that designated by or under this By-
law.
15.0 GENERAL
15.1 No person shall convey on or through any street any waste, or other
refuse, or any swill, liquid waste or offensive matter unless it is secured or
properly covered in containers, or in vehicles equipped with canvas covers
or tarpaulins which must be placed and fastened in such a manner as to
prevent such matter from falling onto the street, or on any public or private
lands within the County.
15.2 An owner, lessee, tenant or other person in charge of a hotel, apartment
building, tenement, commercial premises, shop, store or public institution
who finds the collections established by the County pursuant to this By-
law inadequate to keep such premises free of accumulated waste and
other refuse, shall make such other arrangements at such person's own
expense for the collection and removal thereof as may be required.
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15.3 Where this By-law imposes a duty or requirement upon one or more
persons, it shall be the duty and responsibility of every such person to
fulfill the duty or requirement or ensure that it is fulfilled.
15.4
(1)
The County does not, through the enactment of this By-law,
contract for or undertake a duty to collect waste beyond any existing
requirements imposed upon it in this By-law, and undertakes no liability in
respect of any waste not collected;
(2)
Failure by any person to comply with any of the requirements of this
By-law with respect to waste may result in the refusal by the collector to
collect any such waste. Where the collector refuses to collect waste in
accordance with this by-law, it is the responsibility of the person who
placed the waste for collection to ensure it is safely disposed of, and to
ensure it is not stored, placed, deposited in a manner contrary to the
provisions of this by-law.
16.0 PROHIBITIONS ON DEPOSITS OF WASTE
16.1 No person shall throw, place or deposit, or cause, permit or allow to be
thrown, placed or deposited:
(1)
any waste on any highway, street, bridge or in any ditch or culvert
on or adjacent to a highway within the County;
(2)
any waste on any lands owned by the County or any of its local
municipalities, or any of their local boards, except with the authority of the
Council, or the council of the local municipality, or of the local board, as
the case may be;
(3)
waste generated at or by a residence, dwelling unit, retail or
commercial premises, or other business, in a public area or by means of a
garbage or recycling container which has been provided for the use of
pedestrians or other public recreational use;
(4)
waste at any location other than for collection at the designated
pickup point in front of the premises at which it was generated, or at a
disposal site, waste collection point, or other location designated by or
under the Waste Management By-law for such purpose.
16.2 Where waste belonging to or originating from an identifiable person is
found on lands owned by the municipality or on a highway within the
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Page 21 of 34
municipality, such person shall be presumed, in the absence of evidence
to the contrary, to have deposited or permitted the depositing, of the
waste, at the place where it is found.
16.3 No person other than the County, or its authorized agents, may sell or
otherwise distribute bag tags or make any charge therefore, and the
County shall not honour any tag issued, made, sold, transferred or
distributed other than in accordance with this By-law.
16.4 No person other than the County, or its authorized printer, shall print bag
tags.
17.0 APPLICATION OF BY-LAW
The provisions of this By-law apply throughout the County of Northumberland.
18.0 ENFORCEMENT AND PENALTY
18.1 Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, RSO 1990, Chapter P.33, as amended.
18.2 Every director or officer of a corporation who knowingly concurs in the
contravention of any provision of this by-law by the corporation is guilty of
such offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, RSO 1990, Chapter P.33, as amended.
18.3 Each day on which a person contravenes any provision of this by-law shall
be deemed to constitute a separate offence under this by-law as provided
for in section subsection 429(2) of the Municipal Act, 2001, SO 2001,
chapter 25.
18.4 Any person who contravenes any of the provisions of section 3.2, 3.3, 6.1,
6.2, 9.1, Part 10.0 (all sections), 15.1, 15.2 or 16.1 of this By-law is guilty
of an offence and upon conviction, pursuant to the Provincial Offences
Act, shall forfeit and pay, in the discretion of the Court, a penalty not
exceeding the sum of Five Thousand Dollars ($5,000.00) for each offence,
exclusive of costs.
18.5 The provisions of this By-law may be enforced by one or more by-law
enforcement officers, as designated by the County of Northumberland.
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18.6 No person shall interfere with a police officer, enforcement officer, or
collector in the exercise of any duty or authority under this by-law.
18.7 Subject to section 18.8, any police officer or provincial offences officer
who believes that a person has contravened any section of this By-law
may issue a Certificate of Offence and an Offence Notice indicating the
set fine for the offence as indicated in Schedule "G" to this By-law.
18.8 Where the amount of material alleged to have been thrown, placed or
deposited in contravention of this By-law exceeds 5 cubic metres, the
person charged shall be prosecuted pursuant to Part III of the Provincial
Offences Act.
18.9 The County may direct that the owner of the property where waste is
deposited in contravention of this By-law, or the owner of the property
where such waste was generated, to take steps to clean up such waste by
issuing an Order to that person. Any person to whom an Order is issued
under this section shall take all steps to comply with the Order, as may be
directed in the Order.
18.10 Where the person to whom an Order referred to in section 18.9 fails to
comply with or carry out such directions as may be set out in the Order,
the County may, upon giving written notice, carry out the directions at the
expense of the person and such expenses may be recovered by the
municipality in a like manner as taxes in accordance with the provisions of
section 326 of the Municipal Act, 2001, SO 2001, c. 25.
19.0 CONFLICT
19.1 Where the provisions of any other by-law, resolution or action of the
Council of the County of Northumberland, or the provisions of any by-law,
resolution or action of the council of a local municipality in the County of
Northumberland are inconsistent with the provisions of this By-law, the
provisions of this By-law shall prevail.
20.0 HEADINGS
20.1 Section headings in this By-law are not to be considered part of this By-
law, are included solely for convenience of reference and are not intended
to be full or accurate descriptions of the sections of this By-law to which
they relate.
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Page 23 of 34
21.0 SCHEDULES
21.1 Schedules "A", "B", "C", "D", "E", "F" and "G" form part of this By-law.
22.0 IN FORCE DATES
22.1 This By-law comes into force on February 16, 2023.
22.2 Notwithstanding section 22.1, Schedule "G" of this by-law comes into force
on the later of February 1, 2023 or the date it is approved by the Regional
Senior Justice in accordance with subsection 26(2) of the Courts of
Justice Act, RSO 1990, c. C 43;
22.3 All previous By-laws relating to the collection and disposal of waste in the
County, including (but not limited to) By-law 2015-19, By-law 09-02, and
By-law 31-00 are hereby repealed effective February 16, 2023.
That By-law 08-2023 be introduced and be deemed to be read a first, second and third
time, passed, signed and sealed this 15th day of February, 2023.
__________________________
Mandy Martin, Warden
____________________________
Maddison Mather, Clerk
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Schedule "A" to By-law 08-2023
HOUSEHOLD ORGANIC WASTE
Household Organic Waste includes, but is not limited to:
Waste Type Description / Examples
Food Waste All food (cooked/raw/whole/peelings), baked goods, bread, butter, cake,
candy, cereal, cheese, chicken, coffee grounds and filters, cookies, corn cobs and
husks, dairy products, dough, eggs, and egg shells, fat, fish and fish parts, flour, fruit,
grains, gravy, grease, herbs, jams, jellies, lard, margarine, mayonnaise, meat, muffins,
nuts and shells, oatmeal, oats, pasta, peanut butter, pizza, popcorn, rice, salads,
sauces, shellfish, sour cream, spices, sugar, tea bags, toast, vegetables, watermelon
and yogurt
Soiled Paper Butcher paper, cardboard (waxed), facial tissues, greasy pizza boxes,
microwaveable popcorn bags, muffin paper, paper napkins, paper plates, paper towels
and wax paper
Other Waste Compostable bags, Bones, dried decorative fruits and vegetables, dryer
lint, feathers, flowers, garden fruit (e.g. crab apples), gourds, hair, houseplants, natural
wreathes, paper food waste bags, pet food, sawdust (in paper bags), shredded paper,
toothpicks, wood shavings, and wooden stir sticks
Unacceptable items include, but are not limited to:
Animal waste or litter, ashes, biodegradable bags, cigarettes and cigarette butts, cigars
and cigar butts, corks, cotton balls and swabs, dead animals, diapers, dirt or earth,
disposable dusters, and sweeper cloths, disposable wipes, dryer sheets, feces,
feminine hygiene products, garbage, glass, gravel, incontinence products, lumber or
treated wood, manure, metal, motor oil, Municipal Hazardous or Special Waste, plastic
or plastic coated products of any kind, sawdust (unless contained in a paper bag),
stones, topsoil, vacuum bags and contents, wire or metal ties, yard waste, and any
other item which in the opinion of the County, is detrimental to the organics processing
system.
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Page 25 of 34
Schedule "B" to By-law 08-2023
RECYCLABLE ITEMS
Recyclable items, as listed below, or any other material deemed as a recyclable item by
the County shall be placed out for collection in Blue Boxes, Grey Boxes, or in containers
meeting the specifications laid out in the By-law.
BLUE BOX MATERIALS:
Metal - aluminum foil, plates and trays, aluminum and steel food and beverage
containers and lids, empty aerosol cans, empty and dry metal paint cans
Plastic - "clamshell" style fruit and bakery containers, egg cartons, fabric softener
bottles, flower pots and flats, food storage containers, ice cream tubs, laundry detergent
bottles, margarine containers, shampoo bottles, soft drink bottles, sour cream
containers, water bottles, and yogurt containers
Glass - glass jars and bottles
Polycoated Containers - drink boxes, juice boxes and cartons, milk cartons, paper
coffee cups, paper ice cream containers
Plastic Bags and Plastic Wrap - (NOTE: the following items are all to be placed
loosely into a clear or clear blue bag and placed on top of, or directly beside your Blue
Box, or recyclables containers) grocery bags, sandwich bags, dry cleaning bags, bread
bags, rinsed milk bags, plastic overwrap on toilet paper / paper towel, newspaper
sleeves
GREY BOX MATERIALS:
Boxboard - cereal boxes, cracker boxes, paper drink trays, frozen food boxes, paper
egg cartons, paper towel tubes, toilet paper tubes
Cardboard - clean pizza boxes with no liners or crusts, flattened boxes
Paper - Bristol board, catalogues, office paper, envelopes, fine paper, flyers, greeting
cards, books (hard covers removed), junk mail, magazines, newspapers, paper bags
soft cover books, telephone books, wrapping paper (non-metallic)
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Page 26 of 34
Shredded Paper - NOTE: shredded paper must be placed into a separate clear or
clear blue bag and placed on top of, or directly beside your Grey Box, or recyclables
containers)
Unacceptable items include, but are not limited to:
Antifreeze containers, DVDs, CDs, VHS cassettes, photographs, photo negatives,
bubble wrap, ceramics, cereal or cracker box liners, "crinkly" plastic packaging that does
not stretch, crockery , facial tissues, garbage, gift bags, glassware, greasy pizza boxes,
household organics, laundry baskets, light bulbs, meat packaging, mirrors, mugs,
Municipal Hazardous or Special Waste, oil containers, pet food bags, scrap metal,
tissue paper, tools, tool boxes, totes, toys, Styrofoam, textiles, utensils, waste
electronic and electrical equipment, window glass, yard waste and any other which, in
the opinion of the County, is unacceptable
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Page 27 of 34
Schedule "C" to By-law 08-2023
UNACCEPTABLE RESIDNETIAL WASTE COLLECTION ITEMS
Ammunition;
Animal carcasses;
Asbestos;
Asphalt;
Automotive or motorized equipment parts;
Christmas trees;
Combustible material, including oil or gasoline soaked rags;
Construction, demolition or renovation waste including, but not limited to: blocks, brick,
concrete, drywall, plaster and tile;
Dirt and earth
Feces, manure or animal waste except from household pets;
Flares;
Gasoline and oil containers;
Grass clippings;
Household Hazardous Waste (as defined in this By-Law);
Household Organics (as defined in this By-Law);
Leaves;
Liquid waste;
Municipal Hazardous or Special Waste (as defined in this By-Law);
Pathological waste;
Railroad ties;
Recyclables (as defined in this By-law)
Rocks;
Sludge;
Sod, soil, sand and stones;
Syringes, lancets and other bio-hazardous sharps;
Tires
Trees and stumps;
Wire, wire mesh and wire fencing;
Yard Waste (as defined in this By-Law);
Any waste set out in such a manner as to pose a health and / or safety hazard to a
collection operator or a member of the public;
Any other item which, in the opinion of the County, is detrimental to the collection
process or the Waste Management System.
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Page 28 of 34
Schedule "D" to By-law 08-2023
MUNICIPAL HAZARDOUS OR SPECIAL WASTE (MHSW)
Municipal Hazardous or Special Waste includes, but is not limited to:
Any household product, material, or item labeled as "corrosive", "toxic", "reactive",
"explosive", or "flammable", acid cleaner, adhesives, aerosol containers (if not empty),
ammonia, antifreeze and antifreeze containers, auto-body filler, batteries (single use,
rechargeable and automotive), bleach, brake fluid, compact fluorescent light (CFL)
bulbs, drain cleaner, driveway sealant, empty gasoline containers, fertilizer, fire
extinguishers, fluorescent light tubes and ballasts, fungicides, gasoline, grease, helium
tanks, herbicides, kerosene, lubricants, mercury switches, thermostats and
thermometers, nail polish remover, oil and empty oil containers, oil filters, oven cleaner,
paint and empty paint containers, paint stripper, pesticides, pharmaceuticals, pool
chemicals, propane tanks and cylinders, roofing tar, shoe polish, solvents and empty
solvent container, stains, syringes and needles (in sealed plastic containers), and any
other material, which, in the opinion of the County, is deemed to be Municipal
Hazardous or Special Waste.
Unacceptable items include, but are not limited to:
Ammunition, asbestos, explosives, flares, and any other item which, in the opinion of
the County, is unacceptable
Items that are not considered hazardous and can be placed in the garbage
include:
Broken glass, carbon monoxide detectors, food related items (e.g. salad dressing,
vinegar), hair conditioner, hand lotion, incandescent light bulbs, razor blades, shampoo,
smoke alarms, soap and any other item which, in the opinion of the County, is deemed
not to be hazardous.
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Page 29 of 34
Schedule "E" to By-law 08-2023
Collection service shall be provided to the central business districts of the Towns of
Cobourg and Port Hope twice per week as outlined below:
Cobourg Parameters
- Both sides of King Street business section (front and rear of businesses),
from Ball Street to College Street.
- Both sides of Division Street business section (front and rear of businesses),
from Chapel Street to Charles Street.
- Downtown sidewalk containers as outlined in the contract.
- All downtown collection will commence no sooner than 7:00 a.m. and be
completed by no later than 9:00 a.m.
Port Hope Parameters
- South side of Walton Street, from John to Brown Street.
- Businesses located on Walton and Ontario Streets from Cavan to Mill Street.
- Ontario Street south of Walton Street.
- Brogden's Lane.
- Queen Street from Walton to Augusta Street (rear of buildings).
- Both sides of John Street from Augusta to Walton Street.
- Downtown sidewalk containers as outlined in the contract.
- All downtown collection will commence no sooner than 7:00 a.m. and be
completed by no later than 9:00 a.m.
Page 30 of 34
Schedule "F" to By-law 08-2023
PRIVATE ROAD DESIGN SPECIFICATIONS FOR CURBSIDE WASTE COLLECTION
For residential units fronting on a private road, curbside collection may be provided subject to
the following requirements:
a) The internal road layout should be designed to permit continuous collection
without reversing. Where the requirement for continuous collection cannot be
met, a cul-de-sac or "T" turn-around will be permitted in accordance with the
specification shown in Figures 1 and 2;
b) All roads shall have a minimum width of 4.0 metres and have lay-bys for two way
traffic at a spacing of not more than 300 metres. A By-Law must be passed by the
municipality, regulating parking on the road, such that parking will not be permitted
along the roadway between the hours of 7:00 a.m. and 5:00 p.m., Monday through
Friday, year round. If lay-bys are not provided, the minimum road width shall be
6.0 metres. If the minimum road width is 6.0 metres or greater, a By-Law
regulating parking will not be required;
c) The turning radii from the centre line of the road must be a minimum of 13.0
metres on all cul-du-sacs and turning circles;
d) The turning radii for curbs and internal roads must be a minimum of 9 metres;
e) A vertical clearance of 5.0 metres shall be observed throughout the entire access
route;
f) The roadway shall be kept in a state of good repair (meaning that it will be free
from large pot holes, bumps, depressions, standing water and the like). The
roadway shall also be cleared of ice and snow prior to 7:00 a.m. on waste
collection day(s);
g) The County will not be responsible for any roadway damage caused by normal
use. As such, the access road shall be capable of holding heavy trucks without
damage, at all times of year and be constructed to the following minimum
standards:
a. Gravel road
i. 300 mm of compacted granular "B" base; and
ii. 150 mm or compacted granular "A" surface.
b. Paved road
i. 300 mm of compacted granular "B" sub-base;
ii. 150 mm of compacted granular "A" base; and
iii. 50 mm of HL-3 asphalt surface.
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Page 32 of 34
Page 33 of 34
Schedule "G" to By-law 08-2023
County of Northumberland
PART 1 Provincial Offences Act
OFFENCES AND FINES, By-law 08-2023
ITEM
SHORT FORM OF OFFENCE
DESIGNATION
OF PROVISION
SET FINE
1
Owner fail to provide waste disposal system
3.2
$205.00
2
Waste generator fail to provide waste disposal system
3.3
$105.00
3
Owner fail to comply with collection requirements
4.1
$105.00
4
Owner places waste out for collection too early
6.1
$105.00
5
Owner fail to remove remaining waste
6.2
$105.00
6
Fail to dispose of uncollectable or uncollected waste
9.1
$105.00
7
Set waste out from wrong property for collection
10.1
$105.00
9
Owner fail to secure waste
10.2
$105.00
10
Fail to place residential wet waste in plastic bags
10.3.1
$105.00
11
Fail to place paper or paper like recyclables out properly for
collection
10.4.1
$105.00
12
Fail to place containers or container like recyclables out
properly for collection
10.4.2
$105.00
13
Fail to place household organic waste out properly for
collection
10.5.1
$105.00
14
Fail to separate recyclables from residential waste
10.8
$105.00
15
Interference with waste
10.9
$205.00
16
Fail to apply appropriate bag tag(s)
11.1
$105.00
17
Use counterfeit bag tags
11.7
$205.00
18
Inappropriate use of partial bag tag
11.8
$105.00
19
Conveyance of waste in improper container
15.1
$105.00
20
Unlawful deposit of waste in public place
16.1(1)
$305.00
21
Unauthorized deposit of waste on municipal land
16.1(2)
$305.00
22
Deposit waste in unauthorized container
16.1(3)
$105.00
23
Deposit waste at unauthorized location
16.1(4)
$305.00
24
Unauthorized sale of bag tags
16.3
$305.00
Page 34 of 34
25
Unauthorized printing of bag tags
16.4
$305.00
NOTE: The penalty provision for the offences indicated above is section 18 of By-law 08-
2023, a certified copy of which has been filed.