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THE CORPORATION OF THE
TOWNSHIP OF EDWARDSBURGH CARDINAL
BY-LAW NO. 2019-64
"A BY-LAW TO PROVIDE FOR THE COLLECTION OF
GARBAGE AND OTHER WASTE MATERIALS"
WHEREAS the Municipal Act, 2001, SO 2001, c.25, Sections 8 and 9(1)(a) provides
authority to enable a municipality to govern their affairs as they consider appropriate;
AND WHEREAS the Council of the Corporation of the Township of
Edwardsburgh/Cardinal deems it expedient to pass a by-law setting out policies
and procedures for the collection and removal of garbage in the Township;
NOW THEREFORE the Council of the Corporation of the Township of
Edwardsburgh/Cardinal enacts as follows:
1.
DEFINITIONS
For the purpose of this by-law, the following words shall have the meaning given
herein:
1.1
"Alternating Weekly Collection" means collection of plastics and cans one
week and fibre the following week.
1.2
"Collection Route" means the work performed by one collection vehicle
during a Regular Collection Day.
1.3
"Collection Schedule" means the area divisions for the purpose of waste
collection service as described in Schedule "A" of this by-law.
1.4
"Contractor'' means the company, firm or supplier that has entered into a
contract to supply the goods and equipment and to perform the services of
curbside waste collection.
1.5
"Eligible Units" means households, dwellings, multi-residential units and/or
commercial units on a collection route.
1.6
"Enforcement Officer'' means a person appointed by Council as a municipal
By-law Enforcement Officer, Ontario Provincial Police, or the Royal Canadian
Mounted Police to enforce this By-law.
1.7
"Fibre" means newspaper, corrugated cardboard, box board, magazines and
catalogues, telephone books, books and mixed residential papers and other
items identified in Schedule "C" of this by-law.
1.8
"Garbage" means a waste stream that includes household waste but shall not
include bulky items such as household furniture, hazardous waste, non-
collectable waste or significant quantities of recyclables.
1.9
"Non-collectable waste" means items such as construction waste,
hazardous waste and other items outlined in Schedule "D" of this by-law.
1. 10 "Recyclables" means the items outlined in Schedule "C" of this by-law.
1.11
"Refusal Sticker" means a sticker to be attached by the Contractor to
problem waste(s) or receptacle(s) containing contaminated or non- collectable
waste identifying why the waste was not collected.
BY-LAW 2019-64
1.12 "Township Issued Garbage Bag" means garbage bags purchased from the
Township or one of the Township's vendors to hold garbage for curbside
collection.
2.
COLLECTION OF GARBAGE & OTHER WASTE MATERIALS
Every person shall comply with the follow conditions:
2.1
The collection of garbage shall be made as per Schedule "A" to this by-law.
2.2
No bag shall exceed 40 pounds in weight.
2.3
The maximum number of bags placed out for collection by the occupant shall
not exceed five per collection for each eligible unit.
2.4
Residents shall place garbage bags in a suitable container sufficient to
prevent the entry of water, rain, flies and animals and the escape of noxious
odours therefrom.
2.5
The containers or garbage bags shall be placed for pick up as close as
possible to the travelled portion of the street and in a manner as not to impede
pedestrians or traffic;
2.6
Garbage bags or containers shall be placed on the street allowance before
7:00a.m. on the day of collection for that particular street to ensure collection
2.7
No person shall place garbage bags on the street allowance prior to 5:00a.m.
on the day of collection for that particular street unless it is in a suitable
container as outlined in section 2.4.
2.8
No person shall place garbage on private property other than their own.
2.9
No person shall spill, scatter, deposit, throw, cast, lay or cause to be
thrown, cast or laid, any garbage or disturb or interfere with any garbage on
any street, public or private property.
2.10
Spillage from containers or bags caused by animals or persons shall not be
gathered up by the Township or its contractor and shall be the responsibility of
the occupant.
2.11
No person shall set out for collection any non-collectable items included in
Schedule "D". The disposal of waste and refuse of an industrial establishment
shall be the sole responsibility of the occupant of such establishment and the
Township shall bear no responsibility for collection or disposal of the same.
2.12
All waste, except for accepted recyablables shall be placed in Township
issued garbage bags to be purchased for a fee as per Schedule "B" of this by-
law.
2.13 The monies so collected from the sale of Township issued garbage bags shall
be used by the Township to assist in maintaining a system for collection,
removal and disposal of garbage from eligible units.
2.14
Garbage purposely not collected will be identified with a refusal sticker noting
the reason (not contained in Township issued garbage bag, exceeds weight
restriction, contains recyclables, etc.) for refusal.
3.
RECYCLING
3.1
All residents and occupants must recycle any items that are recyclable.
BY-LAW 2019-64
3.2
The list of accepted recyclables is as set out in Schedule "C" of this by-law.
3.3.
Recyclable waste must be sorted from garbage and the contents of the bin
must follow the collection schedule.
3.4
If recyclables are not sorted from garbage, the Township or its contractor shall
not pick up those bags.
3.5
Residents may place recyclables in a receptacle other than a blue or green bin
so long as its contents can be clearly seen (i.e. laundry bin or clear plastic
bag).
4.
COMPOSTING
4.1
All occupants are encouraged to compost any suitable organic material such
as grass clippings, garden debris and waste, vegetable and fruit wastes,
coffee grounds, tea leaves, leaves and wood chips
5.
OTHER
5.1
The Township and the United Counties of Leeds Grenville may provide
alternatives and programs in conjunction with the curbside collection program
to assist residents and occupants to reduce, reuse and recycle.
5.2
Where a provision of this By-law conflicts with a provision of another by-law
enforced in the Township of Edwardsburgh Cardinal, the provisions that
established the higher standards shall prevail in order to protect the health,
safety and welfare of the general public.
5.3
It is the declared intention of the Council of the Corporation of the Township of
Edwardsburgh Cardinal that any section or part of this By-law which may
subsequently be held to be illegal shall be severable from the remainder of the
By-law and shall not be deemed to have persuaded or influenced the Council
to pass the remainder of the By-law.
6.
PENAL TIES & ENFORCEMENT
6.1
Every person who contravenes any of the provisions of this By-law is
guilty of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended.
6.2
A person who is convicted of an offence under this by-law is liable for each day
or part of a day that the offence continues, where the minimum fine shall not
exceed $500.00 and a maximum fine of $10,000.00 and the total of all daily
fines for the offences is not limited to $100,000.00 as provided for in Section
429(3) of the Municipal Act, SO 2001, c. 25, as amended.
6.3
Upon registering a conviction for a contravention of any provision of this By-
law, the court in which the conviction has been entered, may in addition to any
other remedy and to any penalty imposed by this By-Law, make an order
prohibiting the continuation or repetition of the offence by the person
convict~d, pursuant to Section 431 of the Municipal Act 2001, SO 2001, c.25,
as amended.
6.4
Where a person fails or defaults to carry out any direction or action required by
the Towns hip as authorized by this by-law, upon reasonable and written
notice, the Township may proceed to do such things or carry out such actions
as directed at the expense of the person and such expense may be recovered
by the Township in a like manner as taxes in accordance with the provisions of
Section 326 of the Municipal Act, 2001, S.O. c. 25
BY-LAW 2019-64
6.5
Every person who contravenes this by-law, including a notice to remedy issued
under this by-law is guilty of an offence.
6.6
No person shall obstruct or hinder or attempt to obstruct or hinder an
Enforcement Officer or other authorized employee or agent of the Township in
the exercise of a power or the performance of a duty under this By-law.
6. 7
An Enforcement Officer who has reasonable grounds to believe that a person
has contravened any provision of this By-law may issue a notice to remedy,
notice of violation, an order to comply and every person shall comply with said
notice or order.
GENERAL
7.
That Schedules "A", "B", "C", "D", and "E" shall constitute part of this by-law.
8.
By-law 2015-10 as amended, And all other by-laws previously passed that are
inconsistent with the provisions of this by-law are hereby repealed.
9.
That this by-law will come into force and effect on the day of passage.
Read a first and second time in open Council this 28th day of October, 2019.
Read a third and final time, passed, signed and sealed in open Council this 28th day
of October, 2019.
Mayor
Monday
Tuesday
Wednesday
Thursday
Friday
BY-LAW 2019-64
SCHEDULE "A": COLLECTION SCHEDULE
Northwest corner of the Township, bounded by County Road 44
(both sides) in the east and Glen Smaii/Patterson Road in the
south, including Spencerville.
Northeast corner of the Township, bounded by but not including
Pittston Roadin the south and up to but not including County
Road 44 in the west.
South part of the Towns hip from Pittston Road to, Glen Smail
and Patterson Roads south to Highway 401
Cardinal
Remaining areas south of Highway 401, including Johnstown
and New Wexford.
BY-LAW 2019-64
SCHEDULE"B":FEES
Township Issued Garbage Bags
Imprinted, plastic garbage bags are available for purchase at the Township office
during regular office hours or from authorized agents of the Township during regular
business hours. The fee per bag shall be determined and set during the annual
budget deliberations and shall include all provincial and federal taxes.
Eligibility for Free Garbage Bag Allotment
In order to be considered for a free allotment of bags due to health and financial
reasons, the following criteria must be clearly demonstrated, in writing on the
prescribed form, by the requester:
(1)
the medical or other condition creates a significant increase in the
amount of garbage generated by the eligible unit;
(2)
net family income falls below the net family poverty line;
(3)
the waste generated and put out for curb side collection does
not include non-collectable waste as per Schedule "D" of this by-law
If clauses 1 through 3 are met, the requester may be eligible to receive a 52 bag/year
allotment. The request will be re-evaluated from time-to-time and proof of need must
continue to be provided to Township staff annually.
Recycling Bins
One bin will be provided free of charge to residents of newly built homes in the
Township.
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BY-LAW 2019-64
TOWNSHIP OF EDWARDSBURGH CARDINAL
Medical Exemption for Free Garbage Bag Allotment
The purpose of this form is to allow Edwardsburgh Cardinal residents the opportunity
to apply for a medical exemption for free garbage bag allotment based on health and
financial reasons.
In order to be granted this exemption, you must complete the required information
below as well as provide a signed medical practitioner's note on letterhead stating
that the extra garbage bags are required due to medical and financial reasons.
Required Information
Name:
Address:
#of bags required (maximum 52/year):
Net annual family income:
I hereby certify that the information I have provided here is accurate and complete.
Signature
Please forward this form attached to the medical practitioner's note to the Township
Office in person or by mail to P.O. Box 129 Spencerville, ON KOE 1XO.
IMPORTANT
-
It is the responsibility of the requester to renew the exemption on the yearly
anniversary date. A new application form and medical practitioner's note must
be completed and provided for renewal
-
The anniversary date for the exemption is considered to be one year to the
date in which the exemption was granted. This information is noted on the
letter you will receive with your garbage bags if an exemption is granted.
-
Please keep a copy of this form for your personal records
Personal information collected on this form, including your name and address, is collected
under the authority and in accordance with the Municipal Freedom of Information and
Protection of Private Act (MFIPPA). Your personal information will be used by staff of the
Corporation of the Township of Edwardsburgh Cardinal in the administration of the medical
exemption for garbage bags only. Questions regarding the collection, use, and disclosure of
your personal information can be directed to the Clerk's Department.
BY-LAW 2019-64
SCHEDULE"C":RECYCLABLES
Fibre (Green) Box Recyclables
Ensure that no loose material is on top that will blow out and cause litter
./ Newspaper & flyers (glossy or plain)
./ Paper bags and cups
./ Fine paper (writing paper, computer paper, mail)
./ Boxboard such as cereal, cracker & cookie boxes, detergent/laundry cartons,
file folders, shoe & tissue boxes, paper egg cartons, toilet & paper towel rolls,
pizza boxes
./ Magazines, catalogues & telephone directories
./ Greeting cards
./ Cardboard & corrugated cardboard - flattened and placed inside or beside
recycling bin
Item which should NOT be placed in Fibre (Green) Box
No cookie or pet food bags
No Styrofoam
No waxed or coated boxes or bags
No photos
No ice cream or frozen juice containers
No gift wrap
Blue Box Recyclables
Ensure all items are empty and rinsed clean
./ Glass food and beverage bottles & jars
./ Metal food & beverage cans
./ Milk & frozen food bags, bread bags, mattress bags, paper towel & toilet paper
wrap, diaper packaging, grocery & bulk food bags
./ Clean, empty paint cans (lid must be removed)
./ Plastic bottles - only items marked with the recycling symbol containing
numbers 1, 2, 3, 4, 5 or 6 (i.e. soft drink, juice & water containers, LCBO
bottles, home cleaning & laundry products) .
./ Aluminum pie plates & foil
./ Margarine and yogurt tubs
Items which should NOT be placed in Blue Box
No motor oil bottles or herbicide/pesticide bottles
No light bulbs
No ceramic
No window glass, dishes or mirrors
No clear prescription bottles
No chip bags
No straws
No pots & pans
No hard plastic toys
No plastic used to insulate windows
No styrofoam
No aerosol cans
BY-LAW 2019-64
SCHEDULE "D": NON COLLECTABLE WASTE
The By-law to establish, maintain and regulate a system for the disposal of municipal
waste and to provide for the establishment of policies, regulations and fees for the
disposal of municipal waste, garbage and other refuse contains details associated
with disposal of items not eligible for curb side collection
The following items shall be deemed to be Non-Collectable Waste for the purposes of
this By-law:
1.
Any materials that are not set out in accordance with the provisions of this By-
law;
2.
Electronic and Electric Equipment Waste (WEEE waste) as defined in the
Waste Diversion Act, R.R.O. 2002, Regulation 393/04 includes desk top
computers, portable computers, computer peripherals, monitors, televisions,
printing devices, information technology equipment, telecommunications
equipment, audio visual equipment;
3.
Hazardous Waste including any product, material or item labeled as
"corrosive", "toxic", "reactive", "explosive", "oxidizing", poisonous", "infectious",
"flammable", including but not limited to the following:
(a)
Household cleaners including bleach, oven, drain, toilet and carpet
cleaning solutions;
(b)
Prescription medicines;
(c)
Explosives, gasoline, motor oil, barbeque starter fluid, ammunition or
other incendiary material;
(d)
Pressurized containers including propane cylinders and tanks;
(e)
Aerosol containers (full or partially full);
(f)
Poisons, including rat and mouse poisons, moth balls, insect and weed
killers;
(g)
Fertilizers, fungicides, herbicides, insecticides or pesticides;
(h)
Paints, solvents, coatings and wood preservatives;
(i)
Engine oil, brake and transmission fluid;
0)
Batteries, including automotive batteries and ni-cad rechargeable
batteries and lead acid batteries;
(k)
Other material, including gas tanks, fire extinguishers, pool and
photogenic
chemicals; or
(I)
Other Municipal Hazardous or Special Wastes as defined in the Waste
Diversion Act, R.R.O. 2002, Regulation 542/06 and in the
Environmental Protection Act, R.R.O. 1990, Regulation 347.
4.
Pathological wastes whether solid or liquid, including but not limited to:
(a)
Microbiology laboratory wastes;
(b)
Animal or human anatomical waste including organs, bones, muscles or
other animal or human tissue
or part thereof;
(c)
Animal or human blood or bodily fluids;
(d)
Used medical dressings including bandages, poultices;
(e)
Medicines, vitamins, drugs, vials, vaccines;
(f)
Waste sharps, including but not limited to, hypodermic needles,
syringes, blades; or
(g)
Any other similar material or substance which contains or may contain
pathological micro-organisms or which may be hazardous or dangerous
and anything designated as pathological waste as defined in the
Environmental Protection Act, R.R.O. 1990, Regulation 347.
5.
Trade wastes including any industrial, commercial or manufactures' waste and
shall include the following:
(a)
Any waste generated, abandoned, condemned or rejected as a result of
construction, alteration, repair, removal or demolition of any building or
BY-LAW 2019-64
structure or part of any building or structure, including, but not limited to,
drywall, bricks, stone, concrete, wall board, insulation, asbestos,
lumber, roofing shingles, counter-tops, siding and fencing;
(b)
The stock of any wholesale or retail merchant or fruit or vegetable
dealers;
(c)
Any waste materials originating from any industrial processes or any
business industry or commercial
establishment;
(d)
Commercial/industrial appliances;
(e)
Commercial/industrial furnaces and other types of heating units; or
(f)
Discarded office furnishings, partitions, office equipment
6.
Automotive wastes, discarded vehicle parts, tires, tire rims and other
accessories
7.
Liquid wastes, including liquid in sealed containers or semi-liquid waste
8.
Sod, soil, dirt, manure, sand, root balls, stumps, aggregates, concrete
products, bricks or stones;
9.
Sharp-edged material such as broken glass, broken crockery, cut metal or
anything of a similar nature unless such material is placed in separate, secure
container and whose contents are clearly marked
10.
Glass plate windows, doors, table tops, shower doors
11.
Carcasses of any animal (including animal parts) or fowl or live animal or fowl
with the exception of bonafide household organic waste
12.
Ashes (warm or hot)
13.
Swill or any other organic not properly drained or wrapped
14.
Sewage
15.
Any other material or item designated as Non-Collectable Waste by the
contractor
16.
Any other materials designated as 'designated waste' by the Waste Diversion
Act or other applicable legislation
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 2019-64 as amended of the Corporation of
the Township of Edwardsburgh/Cardinal, attached hereto is the set fine for that
offence. This Order is to take effect on November 19thth, 2019.
Dated at Ottawa this 19th day of November 2019.
Jean G. Legault, Regional Senior Justice
Ontario Court of Justice
East Region
, '
ITEM
1
2
3
4
6
7
BY-LAW 2019-64
Schedule E
Township of Edwardsburgh Cardinal
Part I - Provincial Offences Act
By-law 2019-64
Waste Collection - Set Fines
SHORT FORM WORDING
PROVISION
CREATING
OR DEFINING
OFFENCE
Set out residential curbside garbage for
2.7
collection before 5 am in unsuitable container
Set out garbage in an improper location
2.8
Throw/deposit/disturb/interfere with garbage
2.9
Set out non-complying waste for collection
2.11
Hinder/obstruct officer
6.6
Fail to comply with order/notice
6.7
SET FINE
$100
$100
$300
$100
$200
$100
Note: The general penalty sections for the offences indicated above is Section 6 of
By-law 2019- 64. A certified copy of which has been filed.
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