By-law No. 2024-25 to Govern the Management of Waste (landfills and disposal fees)

Dysart et al, Ontario · No. 2024-25 · adopted 2024-03-26 · summary & facts

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Municipality of Dysart et al Regular Council Municipality of Dysart et al Regular Council STAFF REPORT P.O. Box 389 135 Maple Avenue Haliburton, ON K0M 1S0 705-457-1740 www.dysartetal.ca [email protected] P.O. Box 389 135 Maple Avenue Haliburton, ON K0M 1S0 705-457-1740 www.dysartetal.ca [email protected] P.O. Box 389 135 Maple Avenue Haliburton, ON K0M 1S0 705-457-1740 www.dysartetal.ca [email protected] P.O. Box 389 135 Maple Avenue Haliburton, ON K0M 1S0 705-457-1740 www.dysartetal.ca [email protected] P.O. Box 389 135 Maple Avenue Haliburton, ON K0M 1S0 705-457-1740 www.dysartetal.ca [email protected] P.O. Box 389 135 Maple Avenue Haliburton, ON K0M 1S0 705-457-1740 www.dysartetal.ca [email protected] P.O. Box 389 135 Maple Avenue Haliburton, ON K0M 1S0 705-457-1740 www.dysartetal.ca [email protected] To: Mayor and Members of Council From: Hailey Cole, By-Law Enforcement Officer Date: 26 Mar 2024 Re: By-law 2024-25 Waste Management Recommendation: Be it resolved that By-Law 2024-25, being a by-law to govern landfills or waste management and waste management disposal fees under the jurisdiction of Dysart et al, be read a first, second and third time, passed, signed and Corporate Seal attached thereto; and Recommendation: Be it resolved that By-Law 2024-25, being a by-law to govern landfills or waste management and waste management disposal fees under the jurisdiction of Dysart et al, be read a first, second and third time, passed, signed and Corporate Seal attached thereto; and Recommendation: Be it resolved that By-Law 2024-25, being a by-law to govern landfills or waste management and waste management disposal fees under the jurisdiction of Dysart et al, be read a first, second and third time, passed, signed and Corporate Seal attached thereto; and Recommendation: Be it resolved that By-Law 2024-25, being a by-law to govern landfills or waste management and waste management disposal fees under the jurisdiction of Dysart et al, be read a first, second and third time, passed, signed and Corporate Seal attached thereto; and Further that staff are directed to send By-Law 2024-25 to the Ministry of Attorney General for set fine approval. Further that staff are directed to send By-Law 2024-25 to the Ministry of Attorney General for set fine approval. Background Information: Further to motion 24-73 a new set fine for scavenging has been added. The staff report detailing this amendment can be viewed here. Background Information: Further to motion 24-73 a new set fine for scavenging has been added. The staff report detailing this amendment can be viewed here. Background Information: Further to motion 24-73 a new set fine for scavenging has been added. The staff report detailing this amendment can be viewed here. Background Information: Further to motion 24-73 a new set fine for scavenging has been added. The staff report detailing this amendment can be viewed here. Background Information: Further to motion 24-73 a new set fine for scavenging has been added. The staff report detailing this amendment can be viewed here. Attachments: By-law 2024-25 Waste Management Attachments: By-law 2024-25 Waste Management Approved by Status: Karl Korpela, Chief Building Official Approved - 20 Mar 2024 Approved - 20 Mar 2024 Approved - 20 Mar 2024 Tamara Wilbee, CAO Approved - 20 Mar 2024 Approved - 20 Mar 2024 Approved - 20 Mar 2024 Mallory Bishop, Clerk Approved - 20 Mar 2024 Approved - 20 Mar 2024 Approved - 20 Mar 2024 Page 1 The Corporation of the United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde By-Law No. 2024-25 A By-law to Govern the Management of Waste under the Jurisdiction of the Corporation of the United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde. Whereas, the Municipal Act, S.O. 2001, C.25, section 8 provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance a municipality's ability to respond to municipal issues; And whereas, Section 74, Section 425(1), Section 426 and Section 429 of the Municipal Act 2001, S.O. 2001, c.25, as amended authorizes that a municipality may, in a by-law prohibiting or regulating any matter passed under the ʺwaste managementʺ sphere of jurisdiction, provide that a Person who contravenes the by-law is guilty of an offence and is liable to a fine; And whereas, Section 127 of the Municipal Act, S.O. 2001, c. 25, as amended, permits councils of local municipalities to pass By-laws for requiring the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings, to regulate when and how such matters shall be done, to prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land, and to define "refuse"; And whereas, Section 180 of the Highway Traffic Act R.S.O. 1990, c. H.8, s. 180, "Every person who throws or deposits or causes to be deposited any glass, nails, tacks or scraps of metal or any rubbish, refuse, waste or litter upon, along or adjacent to a highway, except in receptacles provided for the purpose, is guilty of the offence of littering the highway"; And whereas, the Municipality recognizes the need to protect the environment, extend the use of the Municipality's Waste Disposal Sites, reduce greenhouse gas emissions and create useful recycling and compost products in accordance with established policies and provincial regulations; And whereas, Council approved the use of transparent bags for Garbage starting September 1, 2007 to encourage waste diversion; And whereas, Council approved banning the sale or distribution of bottled water from Municipal properties starting March 1, 2020; Now therefore, the Council of the United Municipality of Dysart et al hereby enacts as follows: Page 2 1. Definitions 1.1 That the following terms are defined for the purposes of this By-law: a) "Animal Waste" means feces from any household pet including, but not limited to, dogs and cats, and also includes all material that has come into direct contact with the feces and all material contaminated with the feces. b) "Animal Waste Bin" means a receptacle intended for public use for the collection of Animal Waste. c) "Assessment Roll" means a public record containing the information about property and individual pieces of land within the taxing jurisdiction of an assessing unit. d) "Attendant" means the trained staff who work at Waste Disposal Sites, and may be employees of the Municipality, or an employee of a Contractor. e) "Blue Box Recyclables" means any material which the Municipality or Province has included in a recovery program and is identified in Schedule "C" of this By-law. f) "Card" means a Landfill Identification User Card. g) "Clean Up Costs" means any reasonable expense incurred by the Municipality or the Contractor required to restore a particular location to its usual state of repair or cleanliness as a result of an offence under this By- law. h) "Contractor" means any individual, firm or corporation and the employees of any such individual, firm or corporation with the Municipality has entered into an agreement for the management of Waste. i) "Council" means the council of the Corporation of the United Townships of Dysart et al. j) "County" means the County of Haliburton. k) "Director" means the Director of Public Works for the Municipality, or their designate authorized to act on their behalf. l) "Dwelling Unit" means a place of residence as designated by the Municipality's "Comprehensive Zoning By-law" By-law 2005-120 as amended. Page 3 m) "Electrical and Electronic Equipment" means any material which the Municipality or Province has included in a recovery program and is identified in Schedule "D" of this By-law. n) "Furniture, Construction and Demolition Waste" means any material which the Municipality or Province has included in a recovery or disposal program and is identified in Schedule "E" of this By-law. o) "Garbage" means any solid Waste other than Blue Box Recyclables; Electrical and Electronic Equipment; Furniture, Construction and Demolition Waste; Hazardous Waste; Metal and Appliances; Special Wastes; Tires; Yard Waste, that originated within the Municipality. p) "Holder" means the Person in possession of a Landfill Identification User Card. q) "Hazardous Waste" means any material which the Municipality or Province has included in a recovery or disposal program and is identified in Schedule "F" of this By-law. r) "Illegal Dumping" means the disposing of Waste in non-designated areas, such as public roads, ditches, Private Property, Public Property, rural areas, and public space Litter Bins, as set out in this By-law. Illegal Dumping does not include "Litter". s) "Industrial, Commercial, Institutional" also known as "ICI" means: i. Camps and campsites (excluding the permanent residence trailer parks); ii. Educational institutions including child care centres, elementary and secondary schools, colleges, universities, museums; iii. Hospitals, clinics, laboratories, veterinarian or animal hospitals; iv. Hotels, motels, hostels, bed and breakfast establishments, rooming houses; v. Office buildings; vi. Manufacturing, warehousing, storage establishments; vii. Multi-residential properties, including apartment buildings, condominium complexes, townhouse complexes, co-op Page 4 complexes, or other similar residential complex containing six (6) or more self-contained Dwelling Units; viii. Restaurants; ix. Retail shopping establishments; x. Retail shopping complexes including malls, strip malls, plazas and markets; xi. Places of worship; xii. Any seasonal or temporary business establishment including food trucks, vegetable stands, farmers markets, Christmas tree sales; xiii. Any residence with a centralized eating facility including but not limited to senior's home, shelters, special needs housing, nursing homes, (excluding rooming houses); xiv. Any government facility/property including those owned by the Municipality, Local Board, County, Province, or federal government; xv. Any other establishment as designated by the Director. t) "Landfill Identification User Card" means the card provided to Ratepayers in order to access Waste Disposal Sites. u) "Litter" means a disorderly accumulation of objects left lying in an open or public space. v) "Litter Bin" means a receptacle intended for public use for the collection of Garbage, Blue Box Recyclables and Litter. w) "Local Board" means any local board as defined in the Municipal Affairs Act, R. S. O. 1990, c M.46, as amended from time to time, insofar as its authority may be exercised with the Municipality or County. x) "Metal and Appliances" means any material which the Municipality or Province has included in a recovery or disposal program and is identified in Schedule "G" of this By-law. y) "Municipality" means the Corporation of the Municipality of Dysart et al. Page 5 z) "Officer" means a Municipal Law Enforcement Officer, authorized to enforce the provisions of this By-law. aa) "One-Time Landfill Pass" means the card used by Short-term Renters in order to access Waste Disposal Sites. bb) "Owner" means a Person who is shown as the assessed owner of real property on a current Assessment Roll for the Municipality, or a Person who, for the time being, is managing or receiving the rent of the land or premises, whether on their own account or as an agent or trustee for any other Person. cc) "Person" means a natural person or corporation and includes: i. Every general partner in a firm, partnership or joint venture; ii. The employer of any person who does something at the direction of this employer; iii. The parent or guardian of any person under the age of eighteen (18) years who resides in the parent's or guardian's household and does something at the direction of the parent of the guardian. dd) "Private Property" means any land or building that is privately owned and is not owned or leased by the Municipality, a Local Board, the County, or the Crown in Right of Ontario, or the Crown in Right of Canada. ee) "Prohibited Substances" means anything which is not permitted to be disposed of at Waste Disposal Sites and includes each and every of the substances and materials listed in Schedule "K" attached hereto and forming part of this By-law. ff) "Province" means the Government of Ontario, including the Ministry of Environment, Conservation and Parks or any successor Ministry, or any other Ministry. gg) "Public Property" means any land or building that is owned or leased by the Municipality, a Local Board, the County, the Crown in Right of Ontario, or the Crown in Right of Canada. hh) "Refuse" means Waste. ii) "Residential" means a place of residence designated or intended for habitation and shall include a Dwelling Unit, including: Page 6 i. A single-detached residence; ii. A semi-detached residence; iii. A unit in a duplex, triplex, four-plex, or five-plex; iv. A unit in an apartment building, condominium complex, townhouse complex, co-op complex, or other similar residential complex containing five (5) or fewer Dwelling Units. jj) "Short-term Renter" means a non-Owner Person renting a home for a short period of time, typically no more than fourteen (14) consecutive days. kk) "Special Waste" means any material which the Municipality or Province has included in a recovery or disposal program and is identified in Schedule "H" of this By-law. ll) "Tire" means any material which the Municipality or Province has included in a recovery program and is identified in Schedule "I" of this By-law. mm) "Waste" means anything discarded from any source for management by the Municipality. nn) "Waste Disposal Sites" means the real property owned by the Municipality for the purposes of landfilling Waste and/or transferring Waste to other sites. oo) "Yard Waste" means any material which the Municipality or Province has included in a recovery program and is identified in Schedule "J" of this By- law. 2. Waste Disposal Sites 2.1 That the Municipality shall operate Waste Disposal Sites on designated properties owned by the Municipality: a) Haliburton Landfill, 222 Industrial Park Road, Haliburton, Ontario, K0M 1S0 (Part Lot 12, Concession 9, Dysart Township); b) Harcourt Landfill, 1123 Packard Road, Harcourt, Ontario, K0M 2A0 (Part Lot 19, Concession 2, Harcourt Township); c) Kennisis Lake Landfill, 4531 Kennisis Lake Road, Haliburton, Ontario, K0M 1S0 (Lot 17 and 18, Concession 2, Havelock Township); Page 7 d) West Bay Landfill, 5409 Haliburton Lake Road, Fort Irwin, Ontario, K0M 1M0 (Lot 11 and 12, Concession 8, Harburn Township); e) West Guilford Landfill, 11903 Hwy 118, West Guilford, Ontario, K0M 2S0 (Part Lot 7, Concession 3, Guilford Township). 2.2 That the use of Waste Disposal Sites for the disposal of Waste is a privilege and not a right which will normally be extended to all Owners in the Municipality and such Persons from whom the Council may by contract agree to accept Waste. 2.3 That the Municipality shall set the hours of operation of Waste Disposal Sites as established by Schedule "A" attached hereto and forming part of this By-law. 2.4 That the Municipality shall set fees for the disposal of Waste at Waste Disposal Sites under a separate By-law. 2.5 That the Municipality may appoint such employees, Contractors or designated volunteers to enforce this By-law at Waste Disposal Sites as it deems necessary. 3. Landfill Identification User Cards 3.1 That the Municipality shall issue Landfill Identification User Cards for access to Waste Disposal Sites: a) Two (2) such Cards shall be issued to every assessed Owner of land with the tax bill, in the years designated by Council as general circulation years. 3.2 That Landfill Identification User Cards shall only be used by the Person to whom it was issued or a spouse or member of the household of such Person, or an employee, acting with the knowledge or consent of such Person. 3.3 That Landfill Identification User Cards cannot be loaned, shared, transferred, copied, scanned, photographed, or provided to Short-Term Renters. 3.4 That the Person to whom the Landfill Identification User Card was issued may be held responsible for misuse of the card, if used by an unauthorized Person or any violation of this By-law by any Person using said Card. 4. Rules and Regulations 4.1 That recycling is mandatory, and that a Person must sort Blue Box Recyclables into Containers and Papers as required in Schedule "C". Page 8 4.2 That Garbage shall be disposed of in clear or transparent plastic bags where contents are visible to Attendants. 4.3 That Blue Box Recyclables should be disposed of loose, but if bags are necessary for convenience, Blue Box Recyclables must be in clear or transparent plastic bags where contents are visible to Attendants. 4.4 That a valid Landfill Identification User Card entitles a Person to whom it was issued or a spouse or member of the household of such Person, or an employee, acting with the knowledge or consent of such Person to use any Waste Disposal Site and dispose of, at no cost: a) Up to three (3) bags of Garbage in clear bags: i. The maximum weight of a bag of garbage is 22 kg (50 lbs), therefore, the maximum weight of three (3) bags of garbage is 66 kg (150 lbs); ii. The maximum allowable size of a bag of garbage is 79 cm (31 inches) wide x 107 cm (42 inches) tall; iii. Above the three (3) bag limit, each additional bag of garbage in clear bags will result in a fee; b) Unlimited Blue Box Recyclables sorted into Containers and Papers; see Schedule "C". 4.5 That fees will be applied to: a) Garbage in opaque bags; b) Garbage that is loose; c) Blue Box Recyclables that is not sorted into Containers and Papers; d) Blue Box Recyclables containing Garbage; e) Other types of Waste including Furniture, Construction and Demolition Waste; Metal and Appliances; and Yard Waste. 4.6 That Garbage of five (5) or more cubic yards cannot be disposed of at any Waste Disposal Site. 4.7 That compacted Garbage cannot be disposed of at any Waste Disposal Site. Page 9 4.8 That a valid Landfill Identification User Card or One-Time Landfill Pass must be shown to Attendants to access Waste Disposal Sites. 4.9 That all Persons using Waste Disposal Sites will inform Attendants what they are disposing of. 4.10 That Attendants have the authority to inspect all Waste for compliance with this By-law. 4.11 That all Persons ensure all relevant disposal fees as set by the Municipality from time to time are paid in full, whether by debit card, credit card, cash, or charged to a pre-approved credit account, before departing from a Waste Disposal Site. 4.12 That the following health and safety restrictions apply at Waste Disposal Sites: a) That no Person shall enter a Waste Disposal Site except in a motor vehicle; b) That all Persons shall ensure the motor vehicle load is fully covered and/or secured and the vehicle is not over loaded; c) That all Persons shall bring motor vehicles to a complete stop and await the direction of the Attendants before entering the Waste Disposal Site; d) That no Person, while at a Waste Disposal Site, shall operate a motor vehicle or do any other thing without exercising due care and attention or in a manner that causes or is likely to cause injury or harm to any Person or damage to any property; e) That all Persons shall at all times obey all directions of the Municipality and Attendants; f) That all Persons shall obey all speed limit signs and other signs posted at a Waste Disposal Site; g) That all Persons shall enter or exit a Waste Disposal Site by the designated access and exit routes; h) That all Persons shall unload Waste in a safe manner and use extreme caution while unloading; i) That all Persons ensure that any child under the age of 12 remain inside the motor vehicle at all times; j) That all Persons ensure that minors aged 12 to 17 act responsibly at all times when outside the motor vehicle; Page 10 k) That all Persons ensure that animals remain inside the motor vehicle at all times; l) That all Persons acknowledge and accept that any Person entering a Waste Disposal Site does so at their own risk. The Person and the Owner of any vehicle brought upon a Waste Disposal Site agrees to save the Municipality, its Contractors, agents and employees, harmless from any damages or claims whatsoever to themselves or their property, or to any other Person or property whatsoever, arising from such Person's negligence or failure to comply with their responsibilities as set out in this By-law, or otherwise; m) That all Persons shall conform strictly to all legislative requirements including, in particular, the Environmental Protection Act, the Occupational Health and Safety Act, R.S.O. 1990, Ch. 0.1, and any other relevant successor legislation, any relevant regulations there under, any relevant Environmental Compliance Approval and any relevant By-laws, Policies, and Procedures; 4.13 That no Person, while at a Waste Disposal Site, shall: a) Indulge in any riotous, violent, threatening or illegal conduct, or use profane or abusive language; b) Create a nuisance or in any way interfere with the use of a Waste Disposal Site by any other Person; c) Deface, destroy, or alter any signs, gates, fencing, equipment, or facilities at Waste Disposal Sites. 4.14 Any Person deemed by Attendants to be engaging in these behaviours may be refused service and/or requested to leave the Waste Disposal Site with their Waste. 4.15 That the following Waste sorting and disposal restrictions apply at Waste Disposal Sites: a) That no Person shall dispose, or allow or cause to be disposed, Waste except in bins or disposal areas for such purposes; b) That a Person shall separate each type of Waste and dispose in areas designated for such Waste by the Municipality, including: i. Garbage; Page 11 ii. Blue Box Recyclables, sorted into: a. Containers (see Schedule "C"); b. Papers (see Schedule "C"); iii. Electrical and Electronic Equipment (see Schedule "D"); iv. Furniture, Construction and Demolition Waste (see Schedule "E"); v. Metal and Appliances (see Schedule "G"); vi. Special Wastes (see Schedule "H"); vii. Tires (see Schedule "I"); viii. Yard Waste (see Schedule "J"). c) That a Person shall dispose of Hazardous Waste only at designated drop- off events (see Schedule "F"). d) That no Person shall dispose of Prohibited Substances (see Schedule "K"). e) That no Person shall dispose of Waste originating from outside the Municipality. f) That no Person shall bring Blue Box Recyclables; Electrical and Electronic Equipment; Hazardous Waste; Furniture, Construction and Demolition Waste; Metal and Appliances; Special Wastes; Tires; Yard Waste or Prohibited Substances to Waste Disposal Sites concealed or packaged in such a way to make them appear to be items, substances or materials which are not Blue Box Recyclables; Electrical and Electronic Equipment; Hazardous Waste; Furniture, Construction and Demolition Waste; Metal and Appliances; Special Wastes; Tires; Yard Waste or Prohibited Substances. g) That the Municipality shall not be obligated to accept Waste that is not disposed of in accordance with this By-law. Should the Municipality accept Waste that is not disposed of in accordance with this By-law, said actions by the Municipality shall not be construed as a waiver of the requirements of this By-law h) That no Person shall dispose of Animal Waste unless it is placed inside a separate sealed, leak-proof bag placed inside a clear bag of Garbage. Page 12 i) That no Person shall dispose of sharp items such as knives or glass shards resulting from broken mirrors, dishes, picture frames or other household glass, unless placed in a separate sturdy walled container secured to remain closed, placed inside a clear bag of Garbage. j) That all Waste disposed of shall become the property of the Municipality and may be recycled, reclaimed, recovered, salvaged, disposed of and otherwise dealt with as the Municipality may deem fit. 5. Scavenging 5.1 That no Person shall scavenge, interfere with, pick over, disturb, remove or scatter any Waste at a Waste Disposal Site unless the Waste has been designated for re-use by the Municipality and the Person has received written permission from the Director or their designate. 6. Trespassing 6.1 That No Person shall unlawfully enter a Waste Disposal Site at any time. 6.2 That no Person shall unlawfully enter a Waste Disposal Site property during the time that the Waste Disposal Site is closed. 6.3 That no Person shall enter with or operate an off-road vehicle, snow machine, or bike of any type on any part of a Waste Disposal Site. 7. Litter Bins in Public Spaces 7.1 That the Municipality may provide Litter Bins in public spaces such as downtown business improvement areas, and parks, boat launches and beaches managed by the Municipality, for the collection of Garbage and/or Blue Box Recyclables. 7.2 That the Municipality may provide Animal Waste Bins in public spaces such as parks managed by the Municipality, for the collection of Animal Waste. 7.3 That no Person shall place Residential Waste, or Industrial, Commercial, and Institutional Waste generated on Private Property in a Litter Bin or Animal Waste Bin. 7.4 That no Person shall place Prohibited Substances in a Litter Bin or Animal Waste Bin. 7.5 That Animal Waste shall be placed in a sealed, leak-proof bag prior to placement in a designated Animal Waste Bin or Litter Bin. Page 13 8. Special Events on Municipal Property 8.1 That every organizer of a special event to be held in or on Municipality property shall: a) Submit an application for waste management services at special events on Municipal property, at the time of applying for permission to use Municipality property. b) Comply with all requirements of the Guidelines for Waste Management Services at Special Events on Municipal Property indicated in Schedule "L" to this By-law. 8.2 The every organizer of a special event to be held in or on Municipality property acknowledges that the sale or distribution of bottled water is prohibited. 9. Multi-residential Properties 9.1 That every Owner of a Multi-residential property shall ensure that each Dwelling Unit has adequate and equitable access to Waste disposal programs include Blue Box Recyclables and Garbage. 9.2 That every Owner of a Multi-residential property shall display promotion and education materials on the property to encourage Blue Box Recyclables. 10. Illegal Dumping 10.1 That no Person shall dump, drop, sweep, throw, cast or otherwise dispose of; or permit their contractor, agent, employee, child under their care or control or animal under their care or control to dump, drop, sweep, throw, cast or otherwise dispose of; or permit a vehicle owned by an Owner to be used by any Person for the purpose of dumping, dropping, sweeping, throwing, casting or otherwise disposing any Waste whatsoever on or in: a) Any road or highway as defined by the Highway Traffic Act including both traveled and untraveled portions thereof; b) Public Property; c) At the entrance to or around the perimeter of a Waste Disposal Site. 10.2 That no Person shall permit Waste at any time in the care and control of that Person to be dumped, dropped, swept, thrown, cast or otherwise dispose of by any other Person in contravention of this By-law. Page 14 10.3 That Waste shall be deemed to have been within the care and control of a Person at a point in time if the Waste included any Waste typically associated with or used by that Person and shall include but is not restricted to the following Waste: a) Mail and other paper products bearing the name, address or other identifying characteristics typically associated with that Person; b) Waste that can on a balance of probabilities be shown to have been purchased by that Person; c) Waste that can on a balance of probabilities be shown to have originated from property with respect of which a Person is considered an Owner and during the time the Person was considered an Owner; d) Waste that can on a balance of probabilities be shown to have been transported in a motor vehicle owned or under the care and control of the Person. 11. Authority of the Director 11.1 That in accordance with the policies and By-laws of the Municipality, the Director shall have the authority to: a) Operate and administer the Municipality's Waste management services in accordance with the provisions of this By-law; b) Determine the nature of Waste management services subject to the approval of Council, in accordance with the provisions of this By-law; c) Suspend, discontinue, or revoke Waste management services to any Person who is in violation of this By-law; d) Suspend Waste management services in all or part of the Municipality, in the event of inclement weather or other condition that renders the provision of Waste management services unsafe or otherwise undeliverable; e) From time to time, adjust materials accepted for Blue Box Recyclables; Electrical and Electronic Equipment; Hazardous Waste; Furniture, Construction and Demolition Waste; Metal and Appliances; Special Wastes; Tires; Yard Waste; Prohibited Substances, as listed in Schedules "C", "D", "E", "F", "G", "H", "I", "J" and "K" of this By-law; f) From time to time designate Wastes in addition to those already Page 15 designated by law; g) From time to time add, delete or otherwise change the defined terms as described in this By-law; h) Waive strict compliance with any provision of this By-law. 12. Offences 12.1 That any Person who maliciously, wilfully or negligently tampers with any facility, structure or equipment used for the management of Waste under this By-law is subject to a fine. 12.2 Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act R.S.O. 1990, chapter P.33, as amended. 12.3 That an offence shall be deemed to occur on each day for which a contravention of this By-law occurs or continues. 12.4 That if an offence occurs in the physical presence of an Attendant, the Attendant may: a) Direct a Person to stop doing something, or to change the way in which they are doing it; b) Direct a Person to take any action necessary to remedy the contravention of this By-law to prevent a re-occurrence of the contravention; c) Direct a Person to leave the Waste Disposal Site with their Waste. 12.5 That if the Director or their designate or an Officer believes or finds that a Person is contravening, or has contravened this By-law, the Director or their designate or an Officer may require any Person responsible to remedy the contravention. 12.6 Where the person responsible has not remedied the contravention, the Municipality will remedy the contravention and all costs incurred by the Municipality shall be the responsibility of the person responsible for the contravention. 12.7 All Expenses incurred by the Municipality in connection with the enforcement of this by-law shall be paid within thirty (30) days of their billing date, and in the event of failure to pay the entire amount due within the said thirty (30) days, at the discretion of the Municipality, the outstanding balance of the invoice may Page 16 thereafter be added to the tax roll as of the year in which the Expenses were billed. 12.8 Expenses incurred by the Municipality shall include the actual cost of labour, equipment and an administrative fee of twenty five percent (25%) plus an additional one and one quarter percent (1.25 %) interest rate per month for any amounts outstanding. 12.9 That Council may elect to restrict, suspend or permanently terminate the privileges of a Person holding a Landfill Identification User Card, provided that such restriction, suspension or permanent termination is a consequence of: a) Established pattern of serious and deliberate contravention of this By-law not rectified after three (3) repeated written orders and fines or penalties; b) Physical harm caused to an Attendant. 12.10 That if Council elects to restrict the privileges of a Person holding a Landfill Identification User Card, any or all of the following restrictions may be imposed: a) A requirement that Waste be brought to specific Waste Disposal Sites at specified times on specified days; b) A requirement that the Person submit to a detailed inspection of all Waste disposed of at a Waste Disposal Site; c) A requirement that the Person pay a special fee, in addition to any other fee normally imposed, equal to a genuine pre-estimate of the actual cost of any detailed inspections or sorting by Attendants of the Waste. 12.11 That if Council elects to suspend or permanently terminate the privileges of a Person holding a Landfill Identification User Card, any or all of the following terms may be imposed: a) Suspensions may be set for a specific time period; b) Permanent terminations are indefinite; c) All suspensions and permanent terminations will be reviewed annually by Council. 12.12 That every decision of Council to restrict, suspend or permanently terminate the right of someone to whom a Landfill Identification User Card was previously issued shall be set down in writing and delivered or mailed to the Person at the address shown on the Assessment Roll for the Municipality or their known address. Such written notice shall contain the following: Page 17 a) A brief description of the alleged contravention including the approximate date thereof; b) The date of which the restriction, suspension or permanent termination will come into effect; c) Where applicable, the details of the restrictions; d) Where applicable, the details of how or when the restrictions, suspension or termination may cease. 12.13 That fees and penalties relating to offences shall be listed in Schedule "N" attached hereto and forming part of this By-law. 13. Enforcement and Administration 13.1 This By-Law will be Administered by the Director of Public Works or designate. 13.2 This By-Law shall be enforced by an Officer or Director of Public Works or designate. 13.3 That no Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer or other duly appointed person exercising a power or performing a duty under this By-law. 14. Short Title 14.1 That this By-law may be referred to as the "Waste Management By-law." 15. Interpretation 15.1 That the provisions of this By-law shall not relieve any Person from compliance with any provisions of this By-law, any other Municipality By-law or County By- law. 15.2 That in the event that any of the provisions contained in this By-law are determined invalid, unlawful or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid to the fullest extent permitted by law. 15.3 That the numbers, and headings, are inserted for convenience of reference only and are not to be considered when interpreting this By-law. 15.4 That the words "include" and "including" are not to be read as limiting the Page 18 meaning of a word or term to the phrases or descriptions that follow. 15.5 That wherever this By-law refers to a user, Owner or thing with reference to gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances. 15.6 That references to items in the plural include the singular, as applicable. 16. Severability 16.1 That if a court or tribunal of competent jurisdiction declares any portion of this By-law to be illegal or unenforceable, that portion of this By-law shall be considered to be severed from the balance of the By-law, which shall continue to operate in full force and effect. 17. Schedules 17.1 The Schedules to this By-law form an integral part of this By-law: a) Schedule A: Waste Disposal Site Hours of Operation; b) Schedule B: Landfill Identification User Card Policy; c) Schedule C: Acceptable and unacceptable materials: Blue Box Recyclables; d) Schedule D: Acceptable and unacceptable materials: Electrical and Electronic Equipment; e) Schedule E: Acceptable and unacceptable materials: Furniture, Construction & Demolition Waste; f) Schedule F: Acceptable and unacceptable materials: Hazardous Waste; g) Schedule G: Acceptable and unacceptable materials: Metal & Appliances; h) Schedule H: Acceptable and unacceptable materials: Special Wastes; i) Schedule I: Acceptable and unacceptable materials: Tires; j) Schedule J: Acceptable and unacceptable materials: Yard Waste; k) Schedule K: Prohibited Substances; Page 19 l) Schedule L: Guidelines for Waste Management Services at Special Events on Municipal Property; m) Schedule M: Pre-Approved Credit Accounts; n) Schedule N: Offences and Fines; 18. Schedule Amendments 18.1 That Schedules may be amended from time to time by resolution of Council without an amendment to this By-law. 19. Repeal 19.1 That all previous By-laws relating to the governance of landfills or waste management and waste management disposal fees, including By-law No. 2021- 29 as amended, is repealed on the date this By-law comes into force. 19.2 That in the event of any conflict between the provisions of this By-law and any other By-law, the provisions of this By-law shall prevail. 20. Implementation 20.1 That this By-law comes into force and effect on April 26, 2024. READ and PASSED this 26th day of March, 2024. _______________________________ Mayor _______________________________ Clerk Page 20 The Corporation of the Municipality of Dysart et al Schedule A to By-law No. 2024-25 Waste Disposal Site Hours of Operation 1. As approved by Dysart et al Council on March 28, 2023, starting May 1, 2023, Waste Disposal Site hours of operation are: Haliburton Harcourt Kennisis Lake West Bay West Guilford SUMMER HOURS (May 1 to September 30) Monday Closed 9 to 1 Closed Closed 8 to 5 Tuesday Closed 9 to 1 Closed Closed 8 to 5 Wednesday 8 to 5 Closed 10 to 5 10 to 5 Closed Thursday 8 to 5 Closed 10 to 5 Closed Closed Friday 8 to 5 8 to 5 10 to 5 Closed 8 to 5 Saturday 8 to 5 10 to 5 10 to 5 10 to 5 8 to 5 Sunday 10 to 6 10 to 6 10 to 6 10 to 6 10 to 6 Holiday Monday 10 to 6 10 to 6 10 to6 10 to 6 10 to 6 WINTER HOURS (October 1 to April 30) Monday Closed Closed Closed Closed 8 to 5 Tuesday Closed 9 to 2 9 to 2 9 to 2 8 to 5 Wednesday 8 to 5 Closed Closed Closed Closed Thursday 8 to 5 9 to 2 9 to 2 9 to 2 Closed Friday 8 to 5 Closed Closed Closed 8 to 5 Saturday 8 to 5 Closed Closed Closed 8 to 5 Sunday 10 to 5 12 to 5 12 to 5 12 to 5 10 to 5 Holiday Monday 10 to 5 12 to 5 12 to 5 12 to 5 10 to 5 2. Waste Disposal Sites observe the following holidays: New Year's Day (January 1) All Waste Disposal Sites closed Family Day All Waste Disposal Sites open with winter Holiday Monday hours Good Friday Any Waste Disposal Site scheduled to open does so with regular winter Friday hours Easter Sunday All Waste Disposal Sites open with winter Holiday Monday hours Easter Monday Any Waste Disposal Site scheduled to open does so with regular winter Monday hours Victoria Day All Waste Disposal Sites open with summer Holiday Monday hours Canada Day (July 1) Any Waste Disposal Site scheduled to open does so with regular summer hours, UNLESS July 1 is on a Monday when all Waste Disposal Sites open with summer Holiday Monday hours Civic Holiday (August) All Waste Disposal Sites open with summer Holiday Monday hours Page 21 Labour Day All Waste Disposal Sites open with summer Holiday Monday hours Thanksgiving All Waste Disposal Sites open with winter Holiday Monday hours Remembrance Day (November 11) Any Waste Disposal Site scheduled to open does so with regular winter hours Christmas Eve (December 24) Any Waste Disposal Site scheduled to open closes at 12:30 p.m. Christmas Day (December 25) All Waste Disposal Sites closed Boxing Day (December 26) All Waste Disposal Sites open with winter Holiday Monday hours New Year's Eve (December 31) Any Waste Disposal Site scheduled to open closes at 12:30 p.m. Page 22 The Corporation of the Municipality of Dysart et al Schedule B to By-law No. 2024-25 Landfill Identification User Card Policy Page 23 The Corporation of the Municipality of Dysart et al Schedule C to By-law No. 2024-25 Acceptable and unacceptable materials: Blue Box Recyclables 1. The following items shall be emptied, rinsed and separated from Waste to be collected as Blue Box Recyclables as stipulated by O. Reg. 101/94, as amended from time to time, pursuant to the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended from time to time: a) Accepted in Recycling for Containers: i. Aerosol cans (must be empty); ii. Aluminum food or beverage cans; iii. Aluminum foil, including items made from aluminum foil; iv. Cardboard canisters; spiral wound containers v. Cartons, such as juice box, Tetra Pak® and gable top containers; vi. Glass bottles and jars for food or beverages (caps and lids can be left on); vii. Plastic bottles, tubs, containers for food or beverages or household products (caps and lids can be left on); viii. Plastic plant and flower pots (no soil); ix. Plastic shopping bags; x. Steel food or beverage cans; xi. Styrofoam® food and drink containers. b) Accepted in Recycling for Papers: i. Boxboard (flattened, emptied of liners); ii. Brown paper bags; iii. Corrugated cardboard (flattened); iv. Fine paper, including computer paper, writing paper; v. Magazines, catalogues, telephone books; vi. Newsprint, including inserts and flyers; vii. Paper beverage cups (no lids); viii. Paper envelopes, with or without windows; ix. Toilet paper rolls, paper towel rolls. 2. Not accepted in Recycling: a) Bubble wrap; b) Compostable plastics, including Polylactic Acid (PLA) plastics; c) Disposable coffee pods; d) Envelopes with padding; e) Hard cover books; Page 24 f) Light bulbs, ceramics, window glass or drinking glasses; g) Metallic wrapping paper; h) Paper take-out containers; i) Plastic films such as Ziploc bags, plastic food pouches, boat wrap, bale wrap, skid/pallet wrap; j) Soft cover books; k) Styrofoam® egg cartons, shipping blocks. Page 25 The Corporation of the Municipality of Dysart et al Schedule D to By-law No. 2024-25 Acceptable and unacceptable materials: Electrical and Electronic Equipment 1. The Electrical and Electronic Equipment (EEE) Regulation (O. Reg. 522/20) under the Resource Recovery and Circular Economy Act, 2016 designates information technology, telecommunications, audio-visual (ITT/AV) under Ontario's individual producer responsibility regulatory framework: a) Accepted: i. Computers; ii. Printers (desktop and floor-standing); iii. Printer cartridges; iv. Video gaming devices; v. Telephones, including cellular phones; vi. Display devices; vii. Radios and stereos, including after-market vehicle stereos; viii. Headphones; ix. Speakers; x. Cameras, including security cameras; xi. Video recorders; xii. Drones with audio or visual recording equipment; xiii. Peripherals and cables used to support the function of information technology, telecommunications and audio visual equipment, including charging equipment; xiv. Parts of information technology, telecommunications and audio visual equipment sold separately, such as hard drives xv. Handheld point-of-sale terminals or devices; xvi. Musical instruments; xvii. Audio recording equipment. b) Not accepted: i. ITT/AV equipment weighing more than 250 kg; i. Small and large appliances; ii. Power tools; iii. Motor vehicles; iv. Children's toys; v. Textiles, clothing, furniture or any other upholstered or stuffed articles containing EEE. Page 26 The Corporation of the Municipality of Dysart et al Schedule E to By-law No. 2024-25 Acceptable and unacceptable materials: Furniture, Construction and Demolition Waste 1. Accepted Furniture includes: a) Box springs; b) Chairs; c) Couches; d) Dressers; e) Mattresses; f) Tables. 2. Accepted Construction and Demolition Waste includes: a) Bricks; b) Cinder blocks; c) Concrete; d) Drywall (gypsum); e) Flooring (carpets, underpadding, linoleum); f) Insulation (such as fiberglass or Styrofoam); g) Masonry; h) Mirrors; i) Paving stones; j) Plaster; k) Shingles; l) Tiles; m) Windows; n) Wood (fencing, picnic tables, shelving, skids, doors, flooring, lumber). 3. Not accepted: a) Asbestos; b) Asbestos-containing materials; c) Asphalt concrete; d) Automobile parts (non-ferrous); e) Bale wrap; f) Boat wrap; g) Contaminated soil; h) Concrete with rebar; i) Complete teardowns of Residential buildings or Industrial, Commercial and Institutional buildings; j) Pallet/skid wrap; k) Paving stones with rebar; l) Railway ties; m) Tree stumps. Page 27 Page 28 The Corporation of the Municipality of Dysart et al Schedule F to By-law No. 2024-25 Acceptable and unacceptable materials: Hazardous Waste 1. Includes, but is not limited to the following as defined in R.R.O. 1990, Reg. 347, as amended from time to time, pursuant to the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended from time to time: a) Hazardous Industrial Waste; b) Acute Hazardous Waste chemical; c) Hazardous Waste chemical; d) Severely toxic Waste; e) Ignitable Waste; f) Corrosive Waste; g) Reactive Waste; h) Radioactive Waste, except radioisotope Wastes disposed of in a landfilling site in accordance with the written instructions of the Canadian Nuclear Safety Commission; i) Pathological Waste; j) Leachate toxic Waste; or k) PCB Waste. 2. Includes the following: a) Explosive Waste, including, but not limited to, Wastes that may also produce deadly fumes or vapours when exposed to air or mixed with other materials, and Waste such as aerosol cans (full or partially full) and propane cylinders and tanks (full or partially full); b) Flammable Waste, including, but not limited to, gasoline, motor oil, barbecue starter fluid, Varsol, paint thinner and other solvent, and finger nail polish and remover; c) Toxic Waste including, but not limited to, Wastes that are poisonous or lethal if swallowed or inhaled, paint (full or partially full cans), pesticides, herbicides, over-the-counter and prescription medicine and household and other cleaners; d) Corrosive Waste including, but not limited to, automotive batteries, drain opener, oven cleaner, acid, and photographic solution; and e) Biomedical Waste including, but not limited to, hypodermic needles, syringes, sharps, and medical dressings. Page 29 The Corporation of the Municipality of Dysart et al Schedule G to By-law No. 2024-25 Acceptable and unacceptable materials: Metal and Appliances 1. Accepted Metal includes: a) Automobile parts (ferrous, drained of fluids); b) Empty home heating oil tanks (cut in half); c) Heat pumps/exchangers; d) Hot water tanks (drained of water); e) Furnaces; f) Metal bath tubs; g) Metal coffee carafes; h) Metal fencing; i) Metal show enclosures; j) Metal sinks; k) Metal tea pots or kettles. 2. Accepted Appliances includes: a) Appliances containing coolant chemicals including Freon (R-12, R-13B1, R-22, R-410A, R-502, and R-503, Chlorofluorocarbon (CFCs)which must be removed by a trained technician: i. Air conditioners; ii. Dehumidifiers; iii. Freezers; iv. Refrigerators; v. Water Coolers. b) Appliances without coolant chemicals: i. Dishwasher (drained of water); ii. Dyers; iii. Ovens; iv. Stoves; v. Toaster; vi. Toaster oven; vii. Washers (drained of water). 3. Not accepted: a) Freezers and refrigerators that operate with ammonia or propane Page 30 The Corporation of the Municipality of Dysart et al Schedule H to By-law No. 2024-25 Acceptable and unacceptable materials: Special Wastes 1. The Batteries Regulation (O. Reg. 30/20) under the Resource Recovery and Circular Economy Act, 2016 designates batteries under Ontario's individual producer responsibility regulatory framework: a) Single-use (disposable) and rechargeable household batteries accepted: i. Standard A, AA, AAA, C, D (standard or heavy duty) batteries; ii. 6-volt batteries; iii. 9-volt batteries; iv. Button cell batteries; v. Rechargeable battery packs (NiCad, NiMH, or lithium ion), from power tools, electronics, cell phones, etc. b) Not accepted: i. Car, motor cycle, truck batteries; ii. Boat batteries. 2. Other Special Waste accepted: a) Antifreeze containers (30 litres or less, empty only); b) Oil containers (30 litres or less, empty only); c) Propane cylinders (empty only); d) Propane tanks (empty only). Page 31 The Corporation of the Municipality of Dysart et al Schedule I to By-law No. 2024-25 Acceptable and unacceptable materials: Tires 1. The Tires Regulation (O. Reg. 225/18) under the Resource Recovery and Circular Economy Act, 2016 designates tires under Ontario's individual producer responsibility regulatory framework: a) Accepted, on or off rims, up to ten (10) tires maximum per day: i. Passenger and light truck tires; ii. Medium truck tires; iii. Agricultural tires; iv. Industrial tires; v. Small off the road tires; vi. Medium off the road tires. b) Not accepted at Waste Disposal Sites: i. Large off the road tires; ii. Giant off the road tires. Page 32 The Corporation of the Municipality of Dysart et al Schedule J to By-law No. 2024-25 Acceptable and unacceptable materials: Yard Waste 1. Accepted: a) Grass clippings; b) Leaves; c) Pine needles; d) Twigs; e) Sticks; f) Shrubs; g) Bushes; h) Vines; i) Yard and garden trimmings; j) Pumpkins; k) Fallen fruit from trees; l) Tree trimmings. 2. Not accepted: a) Yard waste in plastic bags; b) Boulders; c) Rocks; d) Sod; e) Soil (clean or contaminated) f) Tree stumps. Page 33 The Corporation of the Municipality of Dysart et al Schedule K to By-law No. 2024-25 Prohibited Substances 1. Prohibited Substances cannot be accepted at any Waste Disposal Site, and includes: a) Asbestos and asbestos-containing materials b) Biomedical Waste, including syringes, hypodermic needles, sharps and medical dressings; c) Boat shrink wrap; d) Boulders; e) Compacted garbage; f) Complete teardowns of Residential buildings or Industrial, Commercial and Institutional buildings; g) Concrete with rebar; h) Condemned or dead animals or their carcasses; i) Contaminated Soil; j) Garbage, five (5) or more cubic yards; k) Hazardous Waste; l) Liquid Industrial Waste; m) Motor vehicles or parts of motor vehicles, including pulled trailers and pulled camper trailers; n) Pathological Waste (as defined in R.R.O. 1990, Reg. 347, as amended from time to time); o) Railway ties; p) Rocks; q) Soil (clean and contaminated); r) Tree stumps. Page 34 The Corporation of the Municipality of Dysart et al Schedule L to By-law No. 2024-25 Guidelines for Waste Management Services at Special Events on Municipal Property Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 The Corporation of the Municipality of Dysart et al Schedule M to By-law No. 2024-25 Pre-Approved Credit Accounts 1. Any Person wishing to establish a Pre-Approved Credit Account with the Municipality must complete the Municipality's Application for Landfill Pre- Approved Credit available online at www.dysartetal.ca. 2. The Treasurer may approve the Application for Landfill Pre-Approved Credit on behalf of the Municipality and establish a pre-approved credit account for a Person. 3. If the Municipality approves a Person's Application for Landfill Pre-Approved Credit and establishes a pre-approved credit account, then: a) The Person may leave the Waste Disposal Site before paying the applicable disposal fees; and b) The Municipality will generate invoices for disposal fees on a per- transaction, or monthly basis. 4. Payment is due within thirty (30) days of the invoice date. 5. All claims against disputed items must be made within thirty (30) days of the invoice date. 6. Where a Person fails or refuses to pay an invoice for disposal fees within thirty (30) days, then the Treasurer may rescind their pre-approved credit account and the Person must: a) Pay interest on the disposal fee at a rate of 1.25% per month (15% per year) on all amounts overdue. 7. For accounts overdue by sixty (60) days: a) The Municipality will suspend access to its Waste Disposal Sites; b) Access will only be permitted upon full payment of amounts owed including current charges and interest; and c) Such accounts may also be filed for collection. Any costs incurred, including but not limited to, collection fees, legal fees and court costs, will be borne by the applicant. 8. Accounts that have been suspended twice in a 24 month period will automatically be deemed a "cash customer" and re-application for pre-approved credit status will be considered after a 24 month waiting period. Page 44 The Municipality of Dysart et al Schedule N to By-law No. 2024-25 Offences PART 1 Provincial Offences Act By-law 2024-25: Waste Management By-law ITEM COLUMN 1 Short Form Wording COLUMN 2 Provision Creating or Defining Offence COLUMN 3 Set Fine 1. Unauthorized use of a Landfill Identification User Card Section 3.2 $50.00 2. Create a nuisance Section 4.12(b) $75.00 3. Damage Waste Disposal Site property Section 4.12(c) $100.00 4. Scavenge, interfere with, pick over, disturb, remove or scatter any waste at a Waste Disposal Site Section 5.1 $150.00 5. Enter Waste Disposal Site when closed Section 6.2 $150.00 6. Dispose of Residential or Industrial, Commercial, and Institutional Waste in Litter Bin Section 7.2 $100.00 7. Dispose of Prohibited Substances in Litter Bin Section 7.3 $150.00 8. Dispose of Waste on any highway Section 9.1(a) $100.00 9. Dispose of Waste on Public Property Section 9.1(b) $100.00 10. Dispose Waste at entrance of Waste Disposal Site Section 9.1(c) $100.00 11. Hinder or obstruct an Officer performing a duty under this By-law Section 12.3 $150.00 NOTE: The penalty provision for the offences indicated above is section 12 of By-law No. 2024-25, a certified copy of which has been filed.