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The Corporation of the Town of Cobalt
Office Consolidated
User Fee
By-law No. 2015-016
Being a by-law to establish a system for the collection and disposal of garbage,
recyclables and other refuse
By-laws and Resolutions amending Original Municipal By-law No. 2015-016:
Resolution 2021-110 June 29, 2021
Schedule "A", Section 8.1.5 amended to add
"i. pursuant to Section 429 if the Municipal
Act, S.O. 2001, c.25, as amended, Section
8.1.5 of this By-Law is designated as a
continuing offence."
Note:
This office consolidation has been prepared to assist the reader in understanding
the amendments to By-law No. 2015-016
THE CORPORATION OF THE
TOWN OF COBALT
BY-LAW NO. 2015-016
Being a by-law to establish a system for the collection and disposal of
garbage, recyclables and other refuse.
Whereas under Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the powers
of a municipality shall be interpreted broadly to enable it to govern its affairs as it considers
appropriate and to enhance the municipality's ability to responds to municipal issues;
And whereas under Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a
municipality has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
And whereas under Section 10 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a
single-tier municipality may provide any service or thing that the municipality considers
necessary or desirable for the public;
And whereas The Corporation of the Town of Cobalt (the "Town") has entered into an
agreement for the joint operation of the Haileybury Landfill located in Temiskaming Shores;
And whereas Council for the Corporation of The Town of Cobalt deems it desirable to regulate
the disposal of garbage by way of landfill bans and recycling;
Now therefore the Council of the Corporation of The Town of Cobalt hereby enacts as follows:
1. That municipal Council adopts a "Solid Waste Management" Regulation, a copy of which
is attached hereto as Schedule "A" and forming part of this by-law; and
2. That this By-law shall become effective on the date of passing thereof;
3. That By-law No. 2015-021, as amended is hereby repealed;
4. That the CAO of the Town of Cobalt is hereby authorized to make any minor
modifications or corrections of an administrative, numerical, grammatical, semantically or
descriptive nature or kind to the By-law and schedule as may be deemed necessary after
the passage of this By-law.
Read a first time this 9th day of June, 2015.
___________________________
Mayor - Tina Sartoretto
___________________________
CAO - Candice Bedard
Read a second and third time and finally passed this 21st day of July, 2015.
___________________________
Mayor - Tina Sartoretto
___________________________
CAO - Candice Bedard
Schedule "A" to
By-law No. 2015-016
Solid Waste Management
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
i
Table of Contents
Section 1 - Title, Application and Scope ........................................................................ 1
1.1
Short Title ....................................................................................................................... 1
1.2
Application ...................................................................................................................... 1
1.3
Conflicts .......................................................................................................................... 1
1.4
Enforcement ................................................................................................................... 1
Section 2 - Definitions ...................................................................................................... 1
Section 3 - Administration .............................................................................................. 7
3.1
Solid Waste Management............................................................................................... 7
3.2
Performance of Work described in By-law ..................................................................... 7
3.3
Waste Diversion Plan ...................................................................................................... 7
3.4
Duties - Owner ............................................................................................................... 7
3.8
Duties - Construction Companies ................................................................................. 10
Section 4 - Collection Services .................................................................................... 10
4.1
Single Dwelling ............................................................................................................. 10
4.2
Low-Density Residential Building .................................................................................. 10
4.3
Multi-Unit Residential Building ..................................................................................... 10
4.4
ICI Establishments ......................................................................................................... 11
4.5
Frequency of Collection Services/ Limitations .............................................................. 11
4.6
Assisted Waste Collection Program .............................................................................. 11
4.8
Statutory Holidays ........................................................................................................ 12
4.9
Municipal Hazardous or Special Waste ......................................................................... 12
4.10
Organic Materials ......................................................................................................... 12
4.11
Yard Waste ................................................................................................................... 12
4.12
Bulky Items ................................................................................................................... 12
Section 5
- Private Waste Collection Operations ................................................... 12
5.1
Private Collection Services ............................................................................................ 12
5.2
Arrangements for Private Collection ............................................................................ 12
5.3
Private Collection - Provisions ...................................................................................... 13
Section 6 - Landfill Site/Spoke Transfer Station ......................................................... 13
6.1
Landfill Site and Spoke Transfer Station. ...................................................................... 13
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
ii
Section 7 - Privately-Owned Waste Disposal Sites.................................................... 13
7.1
Authorization to Operate Private-Owned Waste Disposal Site..................................... 13
7.2
Right to impose conditions for Operation of Privately-Owned Waste Disposal Site ..... 14
7.3
Other Approvals required to Operate Privately-Owned Waste Disposal Site ............... 14
Section 8
- General Provisions and Prohibitions ................................................... 14
8.1
General Waste Provisions ............................................................................................. 14
8.2
Pet Excrement .............................................................................................................. 15
8.3
Animal Carcasses .......................................................................................................... 15
8.4
Inspection ..................................................................................................................... 15
8.5
Notice to Remove Waste .............................................................................................. 16
8.6
Notice of Default .......................................................................................................... 16
8.7
Order to Suspend Waste Collection Services ................................................................ 16
8.8
Service of Notices and Orders....................................................................................... 16
8.9
Reinstatement of Waste Collection Services ................................................................ 17
8.10
Liability for Damage to Landfill Site and/or Spoke Transfer Station ............................. 17
8.11
Costs Recoverable in like manner as Property Taxes .................................................... 17
Section 9 - Enforcement and Penalties ........................................................................ 17
9.1
Penalties - Individuals .................................................................................................. 17
9.2
Penalties - Corporation ................................................................................................ 18
9.3
Subsequent Conviction ................................................................................................. 18
9.4
Order of Prohibition...................................................................................................... 18
9.5
Set Fines ....................................................................................................................... 18
Appendix 01 - Recyclable Materials
Appendix 02 - Organic Materials, Yard Waste & Amnesty Program
Appendix 03 - Prohibited Waste
Appendix 04 - Part 1 Provincial Offices Act - Set Fines
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
1
Section 1 - Title, Application and Scope
1.1
Short Title
This By-law shall be cited as the "Solid Waste Management" By-law.
1.2
Application
The Provisions of this By-law shall apply to all properties within the geographic limits of
the Town of Cobalt.
1.3
Conflicts
Where a provision of this By-law conflicts with a provision of another By-law in force in
the Town of Cobalt; the provisions that establish the higher standard shall prevail in
order to protect the health, safety and welfare of the general public.
When any provision of this By-law is declared invalid for any reason by a court of
competent jurisdiction, the remainder of this By-law shall continue to be in force. An
invalid provision will not void the entire By-law.
1.4
Enforcement
This By-law shall be enforced by the Chief Administrative Officer, the Director of Public
Works, a By-law Enforcement Officer, a Fire Prevention Officer, a Chief Fire Official, or a
Police Officer.
Section 2 - Definitions
For the purpose of this By-law, the words and terms in italics in the by-law shall have the
following definitions and interpretations given in this section shall govern. The use of the
defined terms in either its singular or plural form shall have the same meaning. Words
and phrases used in this By-law which are not included in Section 2.0 shall have the
meanings which are commonly assigned to them in the context in which they are used.
2.1
Aerosol container means any empty aerosol container, which falls within the
meaning of the definition of "empty container" in the regulations made under the
Environmental Protection Act;
2.2
Alternating Weekly Collection means where the recycling container is collected
one week, the garbage container is collected on the next or alternating week;
2.3
Appendix means all regulations attached to and forming part of this By-law
including any amendments thereto;
2.4
Approved Container includes:
i.
Garbage Container means the container provided by the Town for the
storage of garbage; designed for automated collection services.
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
2
ii.
Organics Container means the container designated to store and collect
organic materials, which meets the requirements established for collection of
organic materials;
2.5
Recycling Container means the container provided by the Town for the storage
of recyclable materials; designed for automated collection services;
2.6
Automated Collection means the collection of waste by means of the
mechanical lifting and tipping of approved containers into specially designed
collection vehicles;
2.7
Bi-Weekly Collection means materials are collected one day every two weeks;
2.8
Books means all soft and hard covered books;
2.9
Boxboard means non-corrugated cardboard packaging such as cereal and
shoeboxes, and any similar rigid paper packaging with the metal or plastic
portion or both removed;
2.10
Bulky Items means large items including, but not limited to, white goods,
bicycles, floor lamps, mattresses, furniture, microwaves, sinks, toilet bowls,
barrels, pool pumps, pool covers and any other similar discarded material;
2.11
By-law Enforcement Officer means the person or persons duly appointed by
Council as Municipal Law Enforcement Officers for the purpose of enforcing
regulatory by-laws of the Town;
2.12
Chief Administrative Officer means the Chief Administrative Officer and where
applicable includes a person designated by the Chief Administrative Officer to
perform that task or exercise that power in his or her place and stead;
2.13
Chief Fire Official means the assistant to the Fire Marshal who is the Municipal
Fire Chief or a member or members of the fire department appointed by the
Municipal Fire Chief under Article 1.1.1.2 of Division C or a person appointed by
the Fire Marshall under Article 1.1.1.1 of Division C;
2.14
Christmas Trees means trees including but not limited to the pine, spruce,
balsam or fir species, which are typically decorated for display during the
Christmas season;
2.15
City means the Corporation of the City of Temiskaming Shores;
2.16
City Manager means the City Manager for the City and where applicable
includes a person designated by the City Manager to perform that task or
exercise that power in his or her place and stead;
2.17
Collection Location means the location designated by the Director of Public
Works for placement of approved containers for collection and removal as part of
the Town's waste collection system;
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Schedule "A" to
Solid Waste Management
By-law No. 2015-016
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2.18
Collection System means the Town's collection system for permitted waste,
where collection services are provided;
2.19
Common Pad Location means the system of collection of permitted waste
placed in approved containers at a shared common area location;
2.20
Contamination means the co-mingling of material in approved containers and/or
dumpsters for containerized collection, referred to in the list below:
i.
Recyclable materials
ii.
Garbage
Generally refers to any item which is not acceptable in either of the garbage
containers or dumpster and/or recycling containers or dumpsters. In the case of
recyclable materials, contamination also refers to recyclable materials which may
be soiled or dirty, which renders such items non-recyclable.
2.21
Containerized Collection means the system of collection of permitted waste
placed in dumpsters;
2.22
Contractor means any person, partnership or corporation and the employees of
any such person, partnership or corporation with whom the Town has entered
into a contract or agreement;
2.23
Corrugated Cardboard means any paper board product which is composed of
a rippled, flute or wave-shaped paper insert with paper liners bonded to the
outside of the product and which does not have contaminants;
2.24
Council means the municipal Council of the Town of Cobalt;
2.25
Curbside Collection means the system of collection of permitted waste placed
in approved containers at a collection location, which is at or near the curb;
2.26
Director of Public Works means the Director of Public Works for the Town and
where applicable includes a person designated by the Director of Public Works to
perform that task or exercise that power in his or her place and stead;
2.27
Environmental Protection Act means the Environmental Protection Act, R.S.O.
1990, c.E.19, as amended;
2.28
E-Waste means electronic items as defined by Phase 1 of the Waste Electrical
Electronics Equipment (WEEE) Program and includes: laptop computers,
desktop computers, peripherals such as keyboards and mice, monitors, desktop
printers, disk drives, printers, fax machines and televisions;
2.29
Farm Waste means any waste which is the normal by-product of farming
operations within the Town and excludes construction and demolition materials
from any building or structure, compostable materials other than what may result
from clearing land for farm operation purposes, recyclable material that can be
placed for curbside collection, and other material deemed unacceptable for
disposal at a landfill site by the Ministry of Environment or under this By-law;
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
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2.30
Fine Paper means computer paper and all white and coloured ledger, including
writing pad paper, letterhead, reports, business forms, copy paper and scratch
pads, flyers and envelopes;
2.31
Fire Prevention Officer means the person or persons appointed by Council as
Fire Prevention Officer;
2.32
Gable Top Cartons means milk and juice cartons constructed of coated paper
and opened by unfolding the top or screw cap;
2.33
Garbage means all materials permitted to be discarded, save and except those
materials defined by this By-law as bulky items, recyclable material, yard waste,
sharp items, sharps; white goods, Christmas trees, organic material, prohibited
wastes, and other non-collectable waste;
2.34
Glass Bottles and Jars means all glass food and beverage bottles and jars;
2.35
ICI Establishments (Industrial, Commercial and Institutional) means a:
i. multi-unit residential building; i.e. a building containing more than eight (8)
dwelling units;
ii. any establishment within the Town that is not defined as a Residential
Building; and
iii. any other establishment as designated by the Chief Administrative Officer;
2.36
Landfill Site means an area of land designated by the City and approved by the
Ministry of the Environment and Climate Change to be used for the disposal of
solid waste, except for items listed in Appendix 01 and in Appendix 04 of this By-
law;
2.37
Magazines/Catalogues means all magazines and catalogues bound with glue or
stapled along the spine;
2.38
Metal Food and Beverage Containers means all steel and aluminum food and
beverage cans and containers;
2.39
Municipality means the municipal land within the geographic limit of the Town of
Cobalt;
2.40
Newspapers means all newspapers including the inserts that are delivered
therein;
2.41
Non-Collectible Waste means any item designated by Council or the Director of
Public Works which is not permitted to be collected within the Town's waste
collection system;
2.42
Occupant means any person over the age of eighteen (18) years in possession
of property, or any person who occupies the premise under a lease or license, or
with the permission of the owner;
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Schedule "A" to
Solid Waste Management
By-law No. 2015-016
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2.43
Organic Material means those items described in Appendix 02 or as designated
by the Town to be collected separately for the purpose of organic materials
collection;
2.44
Owner includes but is not limited to:
i.
A person, corporation, partnership or any other legal entity that is the
registered owner of a property, land or premise;
ii.
Both the owner in trust and the beneficial owner of property which is subject
to this By-law;
iii.
The person for the time being managing or receiving the rent of the
property, which is subject to this By-law, in connection with which the word
is used, whether on the person's own account or as agent or trustee of any
other person or who receive the rent if the property was let; and
iv.
A lessee or occupant of the private property, which is subject to this By-law;
2.45
Paper Cores means the cardboard paper roll used for toilet paper or paper
towels;
2.46
Person means an individual, firm, partnership, association, corporation,
company, or organization of any kind, and may include the heirs, executors or
legal representatives of a person;
2.47
Plastic Film refers to all plastic grocery, retail store, milk bags and pouches,
frozen food, bulk food, breads, meat and cheese bags and wrap, over wrap from
boxed products, stretch wrap, cereal wrap, snack food bags and the like;
2.48
Police Officer means a member of the Ontario Provincial Police;
2.49
Private Collection means a person or corporation in the business of transporting
waste to the landfill site or spoke transfer station by any means, including but not
limited to personal vehicles and commercial vehicles, except while operating
such vehicles under contract to the Town;
2.50
Private Property means property, which is privately-owned and is not the
Town's property, or property of a local board, or property of the Crown in Right of
Ontario, the Crown in Right of Canada or any emanations thereof;
2.51
Prohibited Wastes means those items described in Appendix 04, or designated
by the Town;
2.52
Public Property means property, which is the Town's property, or property of a
local board, or property of the Crown in Right of Ontario, the Crown in Right of
Canada or any emanations thereof;
2.53
Recyclable Materials means those items described in Appendix 01 or as
designated by the Town;
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Schedule "A" to
Solid Waste Management
By-law No. 2015-016
6
2.54
Residential Building includes:
i.
Low-Density Residential Building means a property on which is
situated a duplex, apartment building, townhouse complex, co-operative
housing complex or other similar residential complex containing less than
five (5) dwelling units;
ii.
Multi-Unit means a property on which a residential complex containing
more than five (5) dwelling units;
iii.
Dwelling Unit means one or more rooms connected together as a self-
contained, separate household in the same building comprising of part of
the building and constituting an independent housekeeping unit for
residential occupancy by persons and may contain facilities for persons to
sleep, cook and eat and including its own sanitary facilities;
iv.
Single Dwelling means a residence designed for one household only;
2.55
Scavenge/Scavenging means the unauthorized removal of solid waste;
2.56
Semi-automated collection means manually assisted automated collection of
waste from collection locations in approved containers;
2.57
Sharp Items includes windows, drinking glasses, dishes, ceramics, mirrors, light
bulbs, sheet metal and other objects capable of cutting or puncturing but does
not include sharps;
2.58
Sharps includes used and unused hypodermic needles, insulin pen tips, lancets
and glass pipe stems;
2.59
Solid Waste means discarded materials which:
i.
Includes, but is not limited to garbage, bulky items, yard waste, farm waste,
Christmas Trees; non-collectable waste; white goods; E-Waste; sharp items
and
ii.
Are in a solid physical state, as determined by the "slump test" prescribed by
the regulations passed under the provisions of the Environmental Protection
Act; and
iii.
materials set forth in Appendix 01 and Appendix 04 to this By-law and such
other materials as may from time-to-time be designated by the Director of
Public Works as solid waste;
2.60
Spoke Transfer Station means any area of land or buildings in the City
designated as a spoke transfer station by the City for the temporary storage of
recyclable materials intended to be transferred to a recycling processing facility;
2.61
Street means a common and public highway, street, roadway, crescent, avenue,
parkway, driveway, square, place, bridge, viaduct, trestle or other such place
designated and intended for, or used by the general public for the passage or
parking of vehicles and includes the area of land between the lateral property
lines thereof;
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Schedule "A" to
Solid Waste Management
By-law No. 2015-016
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2.62
Town means the Corporation of the Town of Cobalt;
2.63
Transient Waste shall mean any solid waste including recyclable materials
carried into the municipality from outside its boundaries by any person;
2.64
White Goods includes, but may not be limited to refrigerators, ovens/stoves,
washers, dryers, dishwashers, freezers, air conditioning units, microwave ovens,
hot water tanks, or other items containing ozone depleting substances; and
2.65
Yard Waste means those items described in Appendix 02 or as designated by
the Town.
Section 3 - Administration
3.1
Solid Waste Management
The Town shall operate a solid waste management system for the collection, removal
and disposal of solid waste in accordance with the provisions of this By-law.
3.2
Performance of Work described in By-law
The Town may contract with any person or company for the performance of the whole of
or any part of the work described in this By-law.
3.3
Waste Diversion Plan
An owner or his/her agent shall submit a Waste Diversion Plan to maximize the amount
of construction, renovation, or demolition (CRD) waste to be diverted from disposal
through salvage, reuse and recycling, prior to the issuance of a building or demolition
permit.
3.4
Duties - Owner
3.4.1
Approved Containers
i. The approved container(s) is/are assigned to the designated property, and not to
the owner;
ii.
Each owner shall only utilize the approved container(s) provided by the Town
designed for automated collection and semi-automated collection;
iii.
Each owner shall maintain the approved container(s) at the owner's expense;
iv.
Each owner shall contact the Town if an approved container is damaged by
the Contactor or by the Town, for the repair of the container at no cost to the
owner;
v.
No owner shall alter or modify the approved containers without the written
consent of the Town;
vi.
No owner shall damage the approved containers through neglect, wilful
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
8
damage or non-compliance with any part of this By-law. The owner shall be
responsible for the full cost of replacement of the approved container or parts
for the container(s), along with any applicable fees;
vii.
Each owner shall contact the local police detachment to file a police report if
an approved container(s) is stolen. The owner shall provide the Town with a
copy of the police report, or a signed affidavit confirming that a police report
has been filed, prior to the Town issuing a new container at no cost to the
owner;
viii. No owner shall set out a container for collection that:
a) Is not an approved container;
b) Contains contamination;
c) Is damaged to the extent that it is unsafe to manoeuvre;
d) Has graffiti;
e) Is not properly placed at the collection location, as defined in subsection
3.7.3. of this By-law;
f) Exceeds the allowable weight limits for the approved container:
(1) Garbage Container - 100 pounds (45.4 kg);
(2) Recycling Container - 120 pounds (54.4 kg);
g) Has not been cleared of snow and/or ice;
h) Is secured with bungee cords, ties, or other lid securing device(s); and/or
i) Is unclean or unsanitary.
3.4.2
Storage Area
i.
No owner shall store, place or leave any solid waste for collection in a
location which is a nuisance to any person, whether or not in an approved
container.
ii.
No owner shall store an approved container at the collection location unless
authorized by the Town.
iii. No owner shall keep the storage area for approved containers in an unclean
or unsanitary condition.
3.4.3
Placement of Approved Containers for Curbside Collection
i. Each owner shall place approved containers as close as possible to the edge of
the street off of the travelled portion of the road.
ii. Each owner shall place the approved containers in an accessible location to
ensure that the operator of the collection vehicle does not exit the vehicle to
facilitate automated collection.
iii. Each owner shall place an approved container no closer than three (3) feet from
any obstruction.
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
9
iv. Each owner shall keep the collection location clear of snow and litter.
v. Each owner shall place the approved container with the arrows on the lid pointing
towards the street.
vi. No owner shall place approved containers to obstruct pedestrian and vehicular
traffic, or maintenance operations.
vii. No owner shall place approved containers in a location which the Town deems
unreasonable, inefficient or dangerous.
3.4.4
Semi-Automated Collection - Common Pad Location
i.
No owner shall keep the storage area for approved containers in an unclean
or unsanitary condition.
ii.
Each owner shall keep the common pad location clear of snow and litter.
3.4.5
Waste Disposal Packing Standards
i.
Each owner shall pack any wet waste such as food waste, food
contaminated paper, kitty litter and any other compostable material in a leak-
proof bag prior to placement in the approved container.
ii.
No owner shall bag recyclable materials within an approved container,
except for shredded paper which shall be packaged in a clear plastic bag.
iii.
No owner shall fail to clean up any mess or debris created if waste spills
from, or for any reason is no longer contained in the approved container.
iv.
No owner shall place garbage and/or recyclable material in such a manner
that the lid of the approved container cannot completely close.
v.
No owner shall pack garbage and/or recyclable material too tightly that it
cannot be emptied from the approved container.
3.7.6 Timing
i. No owner of a residential building shall place approved containers for curbside
collection at ground level earlier than 8:00 p.m. on the evening before
collection, but no later than 6:30 a.m. on the designated day for collection.
ii. No owner of a residential building shall fail to remove the empty approved
container from the collection location before 10:00 p.m. on the day of
collection.
iii. No owner of a residential building shall fail to remove uncollected waste from the
collection location before 10:00 p.m. on the day of collection.
iv. No owner of an ICI establishment shall place approved containers for curbside
collection at ground level earlier than 5:00 p.m. the evening before collection,
but no later than 6:30 a.m. on the designated day for collection.
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
10
v. No owner of an ICI establishment shall fail remove the empty approved container
from the collection location before 5:00 p.m. on the day of collection.
vi. No owner of an ICI establishment shall fail to remove uncollected waste from the
collection location before to 5:00 p.m. on the day of collection.
3.8 Duties - Construction Companies
In the event that any construction will disrupt automated collection services, each
construction company shall be responsible to find an alternative solution or collection
location for the approved containers, to the satisfaction of the Town.
Section 4 - Collection Services
The Town will not provide waste collection services to any residential building or ICI
establishment in the Town for any form of waste, except as provided for in this Section,
or by approval from the Town.
4.1
Single Dwelling
The Town will provide garbage and recycling collection services to each single dwelling
by supplying one (1) garbage container and one (1) recycling container each designed
for automated collection.
4.2
Low-Density Residential Building
The Town will provide garbage and recycling collection services to each low-density
residential building by supplying the approved garbage and recycling containers each
designed for automated collection.
The quantities of approved containers shall be based on the maximum number of
dwelling units within a residential building. An owner of a low-density residential building
may choose the quantity of the garbage and recycling containers, but if no choice is
made, the Town will select the default quantity of containers, i.e. one (1) garbage
container and one (1) recycling container.
4.3
Multi-Unit Residential Building
The Town will provide garbage and recycling collection services to multi-unit residential
buildings. The service will be provided in the form of:
i.
Containerized Collection - one (1), two (2) yard dumpster for garbage and one (1),
two (2) yard dumpster for recyclable materials; or
ii.
Automated Collection - garbage containers for collection of garbage and recycling
containers for the collection of recyclable materials.
Town of Cobalt
Schedule "A" to
Solid Waste Management
By-law No. 2015-016
11
4.4
ICI Establishments
The Town may provide each ICI establishment with one (1) garbage container and up to
three (3) recycling containers, each designed for automated collection.
4.5
Frequency of Collection Services/ Limitations
4.5.1 The collection system for residential buildings and ICI establishment occurs
on an alternating weekly collection schedule one day per week, between
garbage and recyclable materials.
4.5.2 Where access is restricted or limited for automated collection or for semi-
automated collection, alternative collection methods may be approved by the
Director of Public Works.
4.5.3 The owner of a residential building or an ICI establishment shall be
responsible for the cost of any additional services and waste collections
above the limits prescribed in this By-law.
4.5.4 For low-density residential buildings receiving containerized collection, the
bi-weekly collection limits per dwelling unit shall be:
i. Garbage - four (4) regular sized garbage bags (26" x 32.5"), or capacity
not to exceed a 65 gallons; and
ii. Recyclable Materials - the equivalent of six (6) regular sized garbage
bags (26" x 32.5"), or capacity not to exceed a 95 gallons; and
iii. Non-collectable Waste - not permitted.
4.5.5 For ICI establishments, the bi-weekly collection limits per shall be:
i. Garbage - four (4) regular sized garbage bags (26" x 32.5"), or capacity
not to exceed a 65 gallons; and
ii. Recyclable Materials - the equivalent of eighteen (18) regular sized
garbage bags (26" x 32.5"), or capacity not to exceed a 285 gallons;
iii. Non-collectable Waste - not permitted.
4.6
Assisted Waste Collection Program
4.6.1 The Town shall provide an assisted waste collection program to an owner of a
residential building entitled to receive semi-automated collection from the Town,
provided that the owner meets eligibility requirements and completes the
Assisted Waste Collection Service Application Form. Approval is at the discretion
of the Town, and is subject to an annual review.
4.6.2 As a condition of service under subsection 4.6.1 of this By-law, the owner shall
ensure that the approved containers are at all times freely accessible and not
enclosed within any building or restricted area, and shall comply with the Waste
Disposal Packing Standards as described in subsection 3.7.5 of this By-law.
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4.6.3 At no time shall the safety of Town employees or its contractors be jeopardized.
4.6.4 The Town and its contractors are not responsible for any property damage as a
result of executing this service.
4.8
Statutory Holidays
No automated collection, semi-automated collection, or containerized collection shall be
made on the following holidays which fall on normal collection days: New Year's Day,
Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day,
Christmas Day, Boxing Day, or any other day designated as a holiday, unless an
emergency or exceptional situation, as deemed by the Town, arises and collection must
occur on a holiday.
When a normal curbside collection day falls on a holiday, the collection shall be made
one (1) day later, or as advertised by the Town or its contractor.
4.9
Municipal Hazardous or Special Waste
The Town does not collect on a regular basis Municipal Hazardous Waste or Special
Waste (MHSW). The City does endeavour to provide at least annually, a MHSW
collection event (Orange Drop).
4.10
Organic Materials
The Town does not separately collect organic materials of any nature, using an organics
container. Organic materials can be disposed of in the garbage container or at the
landfill site in accordance to the applicable tipping fee, see Temiskaming Shores.
4.11
Yard Waste
The Town does not collect yard waste of any nature. Owners are responsible for the
proper disposal of yard waste. Yard waste can be disposed of at a landfill site in
accordance to the applicable tipping fee, see Temiskaming Shores.
4.12
Bulky Items
The Town does not collect bulky items of any nature. Owners are responsible for the
proper disposal of bulky items. Bulky items can be disposed of at a landfill site in
accordance to the applicable tipping fee, see Temiskaming Shores.
Section 5 - Private Waste Collection Operations
5.1
Private Collection Services
The Town does not provide collection services to residential buildings or ICI
establishments, beyond the limits established in Section 4 of this By-law.
5.2
Arrangements for Private Collection
The owner shall arrange for the private collection of waste if:
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i.
the property is ineligible to receive collection services from the Town;
ii.
collection services have been discontinued for any type of waste;
iii.
limitations established in Section 4 of this By-law are exceeded; or
iv.
waste is of a type for which collection services are not provided by the Town.
5.3
Private Collection - Provisions
The owner who is required to arrange for private collection services shall ensure:
i.
that all waste is stored in properly constructed and maintained waste storage
containers;
ii.
every storage container is emptied as necessary to prevent odours or other
nuisances;
iii.
material does not overflow the storage container and lids or doors of storage
containers are kept closed;
iv.
a container storage enclosure is provided which is adequate to contain all of the
storage containers;
v.
that every storage container and any enclosure or other structure or building
provided for the housing of storage containers are at all times maintained in a
secure, clean; dry and sanitary condition, to prevent entry of or occupation by
rodents, insects or other vermin;
vi.
that the waste is conveyed to the point of disposal at the expense of the owner of
such waste;
vii.
that proof is provided if requested by the Town that the waste has been
transported to an appropriate landfill site in accordance with this By-law or
legislative requirements; and
viii.
that prohibited waste(s) is/are kept separate from all other waste and stored in a
container adequate for the safe storage and disposal of the prohibited waste(s).
Section 6 - Landfill Site/Spoke Transfer Station
6.1
Landfill Site and Spoke Transfer Station are owned and operated by the City of
Temiskaming Shores and all users must comply with the rules and restrictions
as set out in the City of Temiskaming Shores By-law 2015-128 for the with the
relevant rules and restrictions as determined by the City.
Section 7 - Privately-Owned Waste Disposal Sites
7.1
Authorization to Operate Private-Owned Waste Disposal Site
No person shall operate a privately-owned waste disposal site or other operation for the
disposal of waste, either for his or her own use or for the use of others, without having
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first received authorization from the Ministry of the Environment and Climate Change
and shall comply with all applicable Official Plan and zoning by-laws prior.
7.2
Right to impose conditions for Operation of Privately-Owned Waste Disposal Site
The Town may impose conditions on privately-owned waste disposal sites, and the
applicant shall maintain his or her operation in conformity with the conditions.
7.3
Other Approvals required to Operate Privately-Owned Waste Disposal Site
All privately-owned waste disposal sites shall comply with all relevant Town, Provincial
and Federal approvals and standards.
Section 8 - General Provisions and Prohibitions
8.1
General Waste Provisions
8.1.1 No person shall, unless authorized by the Town, scavenge, interfere with, or
scatter any waste or cause or permit the scavenging, interference with, or
scattering of any waste, placed at a collection location for collection, whether
or not in an approved container.
8.1.2 Once waste enters the collection vehicle, it becomes the property of the Town.
8.1.3 No person shall place any form of waste at the collection location for a property,
unless waste collection services are provided for that type of waste at that
property.
8.1.4 No person shall place any form of waste at the collection location for a property
unless the waste was generated on that property, without the prior consent of
the owner of that property.
8.1.5 No person shall, unless authorized by the Town in writing, deposit or cause to be
deposited or permit any contractor, agent or employee of such person to
deposit any waste on or in any street, public property, private property,
vacant lot, yard or watercourse. Pursuant to section 429 of the Municipal Act,
S.O. 2001, c.25 as amended, Section 8.1.5 of this By-Law is designated as a
continuing offence.
8.1.6 No person, unless authorized by the Town, in writing, shall place waste on public
property for collection by a private waste collection operator.
8.1.7 No person shall permit any animal owned by him or her or under his or her
control to pick-over, interfere with, remove or scatter any waste placed out for
collection.
8.1.8 No person shall deposit waste generated on private property into or beside public
waste receptacles located on a street or public properties;
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8.1.9 No person shall deposit or cause to be deposited any waste other than in an
landfill site and/or spoke transfer station;
8.1.10
Natural soil, earth, sand, clay, gravel, loam, stones or any similar excavated
material may be used to fill low lots;
8.1.11
No person shall allow any liquid matter from any cesspool, septic field or
vehicle, or allow any other objectionable liquid from any source whatsoever,
to flow or drain upon streets, roadsides, ditches, gutters, public property or
private property.
8.2
Pet Excrement
8.2.1 No person shall dispose of pet excrement from any pet with garbage unless the
owner first wraps the pet excrement in absorbent paper, and places same in a
sealed leak-proof bag.
8.2.2 No person shall mix in with garbage, pet excrement exceeding 10% volume of
the contents of the bag.
8.2.3 No person shall deliver pet excrement to a landfill site unless the owner wraps
the pet excrement in absorbent paper and places same in a sealed leak-proof
bag, inside a further sealed leak-proof bag.
8.2.4 No person shall fail to notify the site attendant at the landfill site the contents of ta
bag include pet excrement.
8.3
Animal Carcasses
No person shall deposit or cause to be deposited the carcass of a dead animal at the
spoke transfer station, or through curbside collection.
8.4
Inspection
8.4.1 A By-Law Enforcement Officer, a Town employee or contractor responsible for
the administration or collection of solid waste, may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
i.
This By-law;
ii.
A notice, direction or order made under this By-law;
iii.
A condition of a notice or order issued under this By-law; or
iv.
An order made under s. 431 of the Municipal Act.
8.4.2 A By-Law Enforcement Officer, a Town employee or contractor may for the
purposes of the inspection under subsection 8.4.1 of this By-law:
i.
require the production for inspection of documents or things relevant
to the inspection;
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ii.
inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
iii.
require information in writing or otherwise as required by the Town
from any person concerning a matter related to the inspection; or
iv.
alone or in conjunction with a person possessing special or expert
knowledge,
make
examinations
or
take
tests,
samples
or
photographs necessary for the purposes of the inspection.
8.4.3 The Town may undertake an inspection pursuant to an order issued by a
provincial judge or justice of the peace under section 438 of the Municipal Act,
2001 where he or she has been prevented or is likely to be prevented from
carrying out an inspection under subsections 8.4.1 and 8.4.2. of this By-law.
8.5
Notice to Remove Waste
The Town may give written notice to any person who deposits waste on public property
advising that if such person fails to remove the waste within the time specified in the
notice, the Town may remove the waste at the expense of the person who deposited the
waste.
8.6
Notice of Default
8.6.1 If the Town is satisfied that a contravention of this By-law has occurred, he or she
may give notice requiring the person who contravened this By-law or who caused
or permitted the contravention, or the owner of the property on which the
contravention occurred to cease the specified contravention, and/or take action
to correct the contravention.
8.6.2 A notice under subsection 8.6.1 of this By-law shall set out:
i.
Reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the contravention
occurred;
ii.
The action to be completed, if applicable; and
iii.
The dates or dates by which there must be compliance with the notice.
8.7
Order to Suspend Waste Collection Services
Where a person or an owner of the property on which the contravention occurred, fails to
remedy the contravention, the Town may issue an order to suspend or discontinue
waste collection services.
8.8
Service of Notices and Orders
8.8.1 A notice made under subsection 8.5 and/or 8.6.1 of this By-law, or an order
made under subsection 8.7 of this By-law, may be served personally or by
registered mail to the last known address of:
i. the owner of the property where the contravention occurred; and
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ii. such other persons affected by it as the Town making the notice determines.
Service by registered mail shall be deemed to have taken place five business
days after the date of mailing.
8.8.2 In addition to service given in accordance with subsection 8.8.1, a notice made
under 8.5 and/or 8.6.1 of this By-law, or an order made under section 8.7 of this
By-law, may be served by the Town placing a placard containing the notice in a
conspicuous place on the property where the contravention occurred.
8.8.3 Where service cannot be given in accordance with subsection 8.8.1, sufficient
service is deemed to have taken place when given in accordance with subsection
8.8.2.
8.9
Reinstatement of Waste Collection Services
Any person or owner may apply to the Town in writing for the reinstatement of waste
collection services, and upon satisfying the Town that he or she are in compliance with
this By-law, and that further contravention of this By-law is unlikely to occur, the Town
may reinstate full or partial waste collection services, subject to such conditions or terms
as he or she considers appropriate.
8.10
Liability for Damage to Landfill Site and/or Spoke Transfer Station
Every person who, by act, offence, default, neglect or omission; occasions any loss,
cost, damage or injury to the landfill site or spoke transfer station or any part or
appurtenance thereof, is liable to the Town for any and all financial losses and costs
incurred as a result.
8.11
Costs Recoverable in like manner as Property Taxes
If payment is not made, the Town may recover the outstanding amount by action or in
the case of an owner, the same may be recovered in like manner as property taxes, in
the sole discretion of the Town, who is hereby authorized to take all necessary action to
do so.
Section 9 - Enforcement and Penalties
9.1
Penalties - Individuals
Every person who contravenes any provision of this By-law is, upon conviction, guilty of
an offence, and shall be liable:
i.
on a first conviction, to a fine of not more than $10,000; and
ii.
on a subsequent conviction, to a fine of not more than $25,000 as authorized by
the Municipal Act S.O. 2001 Chapter 25 Section 77(1).
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9.2
Penalties - Corporation
Despite subsection 9.1, where the person convicted is a corporation, the maximum fines
in Subsections 9.1 i) and 9.1 ii) are $50,000 and $100,000 respectively, as authorized by
the Municipal Act S.O. 2001 Chapter 25 Section 77(2).
9.3
Subsequent Conviction
Where an offence is a continuing offence, each new day that the offence is continued
shall constitute a separate and distinct offence.
9.4
Order of Prohibition
Where a person has been convicted of an offence, the court in which the conviction has
been entered and any court of competent jurisdiction thereafter may, in addition to any
other remedy and to any other penalty imposed by this By-law, make an order
prohibiting the continuation or repetition of the offence by the person convicted.
9.5
Set Fines
9.5.1 Pursuant to Part 1 of the Provincial Offences Act, R.S.O. 1990, Chapter P.33,
every person who contravenes this By-Law is liable to a set fine for each
offence committed, as established under Appendix - 05 Set Fines annexed
hereto.
9.5.2 No action or proceeding under the provisions of this By-Law shall preclude the
Municipality from the right and power to exercise any other right or remedy
available to the Municipality.
Town of Cobalt
Schedule "A" to
Solid Waste Management
Appendix 01
By-Law No. 2015-016
Appendix 01 - Recyclable Materials
Recyclable Materials
In this By-law "recyclable materials" includes;
recyclable containers includes the following forms of containers, which have
been emptied of the contents and rinsed clean:
a) food and beverage glass bottles and jars, including metal lids;
b) metal food and beverage containers;
c)
cardboard cans such as from frozen juice, refrigerated dough, chips,
and nuts;
d) aluminum cans, foil, foil plates and foil trays;
e) empty plastic containers (with the number 1 through 7);
f)
aseptic packaging, such as drink boxes;
g) empty aerosol containers;
h) foam polystyrene (Styrofoam) such as from takeout, egg cartons,
drinking cups and meat trays;
i)
polycoat containers or gable top cartons, such as for milk and juice;
and
j)
any other container designated by the Director of Public Works to be a
recyclable container.
recyclable papers includes the following:
a)
household paper, including junk mail, fine paper, non-foil gift wrap, non-foil
greeting cards and envelopes;
b)
shredded paper (required packaging in a clear plastic bag);
c)
paper egg cartons;
d)
paper cores;
e)
paper bags, other than treated bags, such as flour, sugar, potato and pet food
bags;
f)
newspapers and inserts;
g)
magazines/ catalogues and glossies;
h)
telephone directories;
i)
soft covered books and hard covered books (hardcover removed and recycled
separately); and
j)
any other paper or paper products designated by the Director of Public Works to
be recyclable papers.
recyclable cardboard includes clean, unwaxed corrugated cardboard and box board;
recyclable plastic film, includes grocery, shopping, dry cleaning, bread bags,
vegetable/fruit bags, milk bags (outer and rinsed inner bag), outer wrap from packaging
and bubbled plastic packaging.
Town of Cobalt
Schedule "A" to
Solid Waste Management
Appendix 02
By-Law No. 2015-016
Appendix 02 - Organic Materials, Yard Waste & Amnesty Program
Organic Materials
In this By-law "organic materials" includes materials that will breakdown naturally and
turn into compost such as:
a) food scraps;
b) diapers;
c)
animal waste
d) soiled paper food containers; and
e) any other materials or products designated by the Town to be organic materials.
Yard Waste
In this By-law, yard waste means:
a) leaves;
b) grass clippings:
c) trees (excluding root balls);
d) garden roots and cuttings;
e) hedge and shrub trimmings;
f)
brush cuttings;
g) twigs and branches;
h) natural Christmas Trees, decorations removed;
i)
any other item determined by the Town from time-to-time to be yard waste.
Amnesty Program
In this By-law "amnesty program" means a program that permits residents to drop of
garbage at the landfill site without the application of a tipping fee.
The amnesty program shall have the following restrictions/conditions applied:
a) Applicable to residents of the Town of Cobalt and is not applicable to ICI
establishments;
b) Deposit up to a maximum of two (2) cubic yards of waste (equivalent to a ½ ton
truck load) per amnesty week;
c)
Amnesty shall include no applicable Tipping Fees for brush;
d) Tipping Fees remain applicable for prohibited waste;
e) Surcharge fee remains applicable for White Goods containing freon gas or ozone
depleting substances.
The Town shall establish two Amnesty weeks annually, once in the spring and once in
the fall.
Town of Cobalt
Schedule "A" to
Solid Waste Management
Appendix 03
By-Law No. 2015-016
Appendix 03 - Prohibited Waste
Prohibited Waste
For the purposes of this By-law hazardous waste means:
acute hazardous waste
chemical hazardous waste
chemical corrosive waste
hazardous industrial waste
ignitable waste
PCB waste
radioactive waste
reactive waste
severely toxic waste
leachate toxic waste
or any other waste determined by the Director of Public Works to be a hazardous
waste.
Pathological waste includes biomedical waste, whether solid or liquid, including but not
limited to:
animal or human organ
animal or human bone, muscle
or tissue
used bandages, poultices, or
dressings
medicines, vitamins, drugs or
vaccines
needles, syringes or lancets
vials
or any other waste determined by the Director of Public Works to be pathological
waste.
Household Hazardous Waste includes any household product material or item, other
than an empty container labelled as:
corrosive or toxic
reactive
explosive
Oxidizing
poisonous
infectious
Flammable
sharps
or any other label or labels as may be established by the Director of Public Works from
time to time as being prohibited.
Asbestos Waste includes any solid or liquid waste that results from the removal of
asbestos-containing construction or insulation materials or the manufacture of asbestos-
containing products and contains asbestos in more than a trivial amount or proportion.
Town of Cobalt
Schedule "A" to
Solid Waste Management
Appendix 04
By-Law No. 2015-016
Appendix 04 - Set Fines
Part 1 Provincial Offences Act
Set Fines
Item
No.
Column 1
Column 2
Column 3
Short Form Wording
Provision Creating or
Defining Offence
Set Fine
1.
Alter approved container without written consent
Sch A, s. 3.4.1 v.
$ 125.00
2.
Damage approved container
Sch A, s.3.4.1 vi.
$125.00
3.
Set out for collection non-approved container
Sch A, s.3.4.1 viii. a)
$125.00
4.
Set out for collection container that contains contamination
Sch A, s.3.4.1 viii. b)
$125.00
5.
Set out for collection a container that is damaged
Sch A, s.3.4.1 viii. c)
$125.00
6.
Set out for collection a container that has graffiti
Sch A, s.3.4.1 viii. d)
$125.00
7.
Set out for collection a container not placed at collection location
Sch A, s.3.4.1 viii. e)
$125.00
8.
Set out garbage container that exceeds the allowable weight
Sch A, s.3.4.1 viii. f)
(1)
$125.00
9.
Set out recycling container that exceeds the allowable weight
Sch A, s.3.4.1 viii. f)
(2)
$125.00
10.
Set out for collection container not cleared of snow/ ice
Sch A, s.3.4.1 viii. g)
$125.00
11.
Set out for collection container with lid secured
Sch A, s.3.4.1 viii. h)
$125.00
12.
Set out for collection container that is unclean/unsanitary
Sch A, s.3.4.1 viii. i)
$125.00
13.
Store solid waste in a location which is a nuisance
Sch A, s.3.4.2 i.
$125.00
14.
Store approved container at collection location
Sch A, s.3.4.2 ii.
$125.00
15.
Keep storage area for approved containers in unclean condition
Sch A, s.3.4.2 iii.
$125.00
16.
Place approved container obstructing traffic
Sch A, s.3.4.2 vi.
$125.00
17.
Place approved container in unreasonable location
Sch A, s.3.4.3 vii.
$125.00
18.
Keep common pad storage area in unclean/ unsanitary condition
Sch A, s.3.4.4. i.
$125.00
19.
Bag recyclable materials within an approved container
Sch A, s. 3.4.5 ii.
$125.00
20.
Fail to clean up debris spilled from approved container
Sch A, s. 3.4.5 iii.
$125.00
21.
Place waste in such manner that lid cannot completely close
Sch A, s. 3.4.5 iv.
$125.00
22.
Pack waste too tightly in approved container
Sch A, s. 3.4.5 v.
$125.00
23.
At residential building place approved container before 8:00 p.m.
previous day
Sch A, s. 3.7.6 i.
$125.00
24.
At residential building fail to remove approved container before
10:00 p.m. collection day
Sch A, s. 3.7.6 ii.
$125.00
25.
At residential building fail to remove uncollected waste before
10:00 p.m. collection day
Sch A, s. 3.7.6 iii.
$125.00
26.
At ICI establishment place approved container before 5:00 p.m.
previous day
Sch A, s. 3.7.6 iv.
$125.00
27.
At ICI establishment fail to remove empty approved container
Sch A, s. 3.7.6 v.
$125.00
Town of Cobalt
Schedule "A" to
Solid Waste Management
Appendix 04
By-Law No. 2015-016
Appendix 04 - Set Fines
before 5:00 pm collection day
28.
At ICI establishment fail to remove uncollected waste before
5:00 pm collection day
Sch A, s. 3.7.6 vi.
$125.00
29.
Scavenge waste at a collection location
Sch A, s. 8.1.1
$125.00
30.
Place ineligible waste for collection
Sch A, s. 8.1.3
$125.00
31.
Place waste for collection at a property other than where it was
generated
Sch A, s. 8.1.4
$125.00
32.
Deposit waste on public property or private property without
authorization
Sch A, s. 8.1.5
$125.00
33.
Place waste on public property for collection by private operator
without authorization
Sch A, s. 8.1.6
$125.00
34.
Permit animal to interfere with waste
Sch A, s. 8.1.7
$125.00
35.
Deposit
waste
from
private
property
into/beside
public
receptacles
Sch A, s. 8.1.8
$125.00
36.
Deposit waste other than in landfill site/ spoke transfer station
Sch A, s. 8.1.9
$125.00
37.
Allow objectionable liquid to flow onto public or private property
Sch A, s. 8.1.11
$125.00
38.
Dispose of pet excrement not sealed in bag
Sch A, s. 8.2.1
$125.00
39.
Mix in excess 10% pet excrement with garbage
Sch A, s. 8.2.2
$125.00
40.
Fail to notify site attendant of bag containing pet excrement
Sch A, s. 8.2.4
$125.00
41.
Deposit carcass of dead animal
Sch A, s. 8.3
$125.00
The general penalty provision for the offences listed above is section 61 of the Provincial Offences
Act, R.S.O. 1990, c. P. 33.