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CITY OF HAMILTON
By-law No. 20-221
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a Waste
Management System for the City of Hamilton
OFFICE CONSOLIDATION
This By-law is a consolidated version and includes amendments made by the amending by-
laws listed on the following page. This consolidation is prepared for purposes of
convenience only and is not the official or legal version of the By-law. For accurate
reference to the By-law, certified copies should be obtained through the City Clerk's Office.
Consolidated By-law No. 20-221
Incorporating amendments made by:
By-law No.
Effective Date:
21-200
October 27, 2021
Section 2.1(jj)
Section 2.2
Section 5.6
Section 6
section 7.4.7Section 2.1(jj)
Section 2.2
Section 5.6
Section 6
section 7.4.7Section 7.4.9
Section 9
Schedule B
Schedule D
Schedule F
25-052
March 26, 2025
Section 2.1, 2.4
Section 3.2, 3.6, 3.7, 3.16.1, 3.18
Section 4.1, 4.2
Section 5.4.3 to 5.5
Subsection 6.4.6, 6.49 to 6.4.11
Section 8.6, 8.81, 8.84, 8.10
Section 9.3
Schedule A
Schedule B
Schedule C
Schedule D
Authority: Item 4, Public Works
Committee Report 20-010
(PW20066)
CM: October 28, 2020
Ward: City Wide
Bill No. 221
CITY OF HAMILTON
BY-LAW NO. 20-221
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide
for and Regulate a Waste Management System for the City of Hamilton
WHEREAS Sections 8, 9 and 10 of the Municipal Act, 2001, S.O. 2001, Chapter 25
(the "Municipal Act, 2001") authorize the City of Hamilton to pass by-laws necessary
or desirable for municipal purposes, and in particular paragraphs 4, 5, 6 and 7 of
subsection 10(2) authorize by-laws respecting public assets of the municipality, the
economic social and environmental well-being of the municipality, the health, safety
and well-being of persons and the provision of any service or thing that it considers
necessary or desirable for the public;
AND WHEREAS the waste management system approved by the Council of the City of
Hamilton includes the regulation and provision for the diversion, collection, processing
and disposal of acceptable waste originating within the City of Hamilton;
AND WHEREAS Section 425 of the Municipal Act, 2001 authorizes the City of Hamilton
to pass by-laws providing that a person who contravenes a by-law of the City of
Hamilton passed under that Act is guilty of an offence;
AND WHEREAS the Municipal Act, 2001 further authorizes the City of Hamilton,
amongst other things, to delegate its authority and to impose fees or charges on person
for services or activities provided or done by or on behalf of it;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
Waste Management System for the City of Hamilton
Page 2 of 42
PART 1.0
SHORT TITLE
1.1
The short title of this By-law is the Solid Waste Management By-law and shall
be referred to herein as "this By-law".
PART 2.0
INTERPRETATIONS
2.1
In this By-law,
"acceptable waste" includes garbage, recyclable containers material, recyclable fibres
material, organic materials, yard waste, and Christmas trees, provided that it is free from
contamination and otherwise compliant with this By-law;
"Agreement for On-Site Collection of Municipal Solid Waste" means an agreement,
in a form set out in Schedule "F", between the City and any person within the City for the
collection of waste on private property, and may be amended by the General Manager,
with approval as to form by the City Solicitor, from time to time;
"bulk item" means a household waste item that is too large or heavy for regular collection
services, and which is not recyclable materials, organic materials, yard waste or
prohibited collection waste; from time to time;
"Christmas tree" means a natural (as opposed to artificial) evergreen tree;
"City" means the municipality of the City of Hamilton or the geographic area of the City of
Hamilton, as the context requires;
"City Solicitor" means the City Solicitor for the City or designate;
"commercial property" means a property used mainly for commercial purposes,
excluding commercial properties with four or more floors and/or shopping centres, but,
notwithstanding the foregoing, shall include places of worship but only to the extent such
place of worship is being used by a religious organization for public worship or another
ecclesiastical function, but, for clarity, does not include any ancillary uses, such as a day
nursery or educational or recreational uses;
"contamination" means the mixing of a material or item referred to in the list below with
a different material or item referred to in the list below:
- garbage;
- recyclable containers material;
- recyclable fibres material;
- organic materials;
- yard waste;
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
Waste Management System for the City of Hamilton
Page 3 of 42
- prohibited collection waste;
"Council" means the Council for the City of Hamilton;
"curbside collection services" means waste collection services where waste is set-out
for collection at the edge of the travelled portion of the street abutting the property
receiving waste collection services;
"dwelling unit" means a room or suite of rooms used or intended to be used by one or
more persons living together as one household, in which cooking and sanitary facilities
are provided for the exclusive use of the household, and to which an independent
entrance is provided from outside the building or from a common interior hallway,
vestibule or stairway;
"eligible property" means a property that is eligible for waste collection services
pursuant to Section 3.6 of this By-law;
"enhanced collection area" means a downtown core area or Business Improvement
Area that is designated by the General Manager to receive more frequent scheduled
collection days than the property would otherwise receive, as set out in Schedule "E",
except and provided that an enhanced collection area may only be located within a
community improvement project area;
"front-end collection services" means waste collection services where waste is
collected in a front-end container from a location on the property;
"front-end container" means a metal or plastic container with a secured lid that is
collected by a front-end collection vehicle;
"garbage" means waste other than recyclable materials, organic materials, yard waste,
bulk items, and prohibited collection waste;
"garbage tag" means a specially marked tag distributed by the City for owners to set out
excess garbage for collection, available in accordance with policies set by the General
Manager from time to time;
"General Manager" means the General Manager of the City's Public Works Department
or their designate;
"home health care waste" means any waste items used for personal home health care,
including but not limited to incontinence products, sponges, catheters, disposable
products, dialysis waste, intravenous bags and tubings, casts, gastric and nasal tubes,
empty and rinsed out colostomy bags, and used COVID-19 rapid antigen test kits, but
does not include needles, syringes or other pathological waste;
"lodging house" means a house or other building or portion thereof in which four (4) or
more persons are or are intended to be harboured, received or lodged for hire, where
lodging rooms are without kitchen facilities for the exclusive use of the occupants and
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
Waste Management System for the City of Hamilton
Page 4 of 42
where each occupant does not have access to all of the habitable areas in the building,
but does not include a hotel, hospital, nursing home, home for the young or the aged or
institution if the hotel, hospital, home or institution, is licensed, approved or supervised
under a general or special Act other than the Municipal Act, 2001, and for the purpose
of this By-law, shall not include student residences or convents;
"multi-residential property" means a property used mainly for residential purposes
which contains six or more dwelling units, and does not include institutional facilities,
residential care facilities, lodging houses, student residence, or a hotel, hospital, nursing
home, home for the young or the aged or institution if the facility, house, residence, hotel,
hospital, home or institution, as applicable, is licensed, approved or supervised under a
general or special Act other than the Municipal Act, 2001;
"municipal hazardous or special waste" includes items set out in Schedule "C" that are
identified as municipal hazardous or special waste;
"municipal law enforcement officer" means a person appointed by the Council of the
City to enforce this By-law;
"noxious weeds" is any and all noxious weed as defined in the Weed Control Act, R.S.O.
1990, C. W.5, as may be amended, restated, superseded or replaced from time to time;
"organic materials" means waste items or materials referred to in Schedule "A" to this
By-law;
"owner" means an owner, occupant, lessee, tenant or any other person in charge or in
control of a property in the City;
"person" means any individual, corporation, partnership, joint venture, association, joint
stock company, trust, limited liability company, unincorporated organization,
governmental authority or any other form of entity;
"prohibited collection waste" means waste items or materials referred to in Schedule
"B" to this By-law;
"recyclable containers material" means those waste items or materials referred to as
recyclable containers materials in Schedule "A" to this By-law;
"recyclable fibres material" means those waste items or materials referred to as
recyclable fibres materials in Schedule "A" to this By-law;
"recyclable materials" means recyclable containers material and/or recyclable fibres
material, as the context requires; waste items or materials referred to as recyclable
materials in Schedule "A" to this By-law, and includes recyclable containers material
and/or recyclable fibres material;
"residential care facility" means a "Residential Care Facility" as it is defined in the City's
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
Waste Management System for the City of Hamilton
Page 5 of 42
Zoning By-law of the City of Hamilton, By-law No. 05-200, as may be amended, restated,
superseded or replaced from time to time;
"single-family residential property" means a property used mainly for residential
purposes containing five or fewer dwelling units, and includes lodging houses and
residential care facilities in residential neighbourhoods;
"scheduled collection day" means the day of the week or specific dates for the
collection of waste from a property as determined by the General Manager and published
in a collection calendar, the City's website or other means as determined by the General
Manager;
"User Fees and Charges By-law" means the City's By-law No. 19-160, A By- law to
Establish Certain 2019 User Fees and Charges for Services, Activities or the Use of
Property, as may be amended, restated, superseded or replaced from time to time;
"Waste Management Sub-Committee" means the Waste Management sub-
committee established by Council, which may be replaced from time-to-time, and if
such sub-committee ceases to exist without replacement, shall mean the Public
Works Committee for the duration of time no sub-committee is deemed to replace the
Waste Management Sub-Committee;
"white goods" means large household appliances; and
"yard waste" means those waste items or material referred to as yard waste in
Schedule "A" to this By-law.
2.2
In this By-law, the following terms have the same meaning as in General -
Waste Management Regulation, 347, R.R.O. 1990, as in force at the time this
By-law is enacted:
(a)
hazardous waste;
(b)
liquid waste; and
(c)
waste electrical and electronic equipment.
Application
2.3
This By-law applies to properties in the City of Hamilton.
Limitation
2.4
The provisions of this by-law shall be subject to the terms of the Environmental
Compliance Approval, for the waste management facilities of the City and its
contractors, as defined under the Environmental Protection Act, R.S.O. 1990,
C. E. 19, as amended, and any relevant statutes and regulations.
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
Waste Management System for the City of Hamilton
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2.5
Notwithstanding any Section of this By-law to the contrary, the City shall be
under no obligation to collect or take possession of prohibited collection waste
or any other item that is in contravention of this By-law.
PART 3.0
WASTE COLLECTION SERVICES
Collection Services
3.1
Subject to the terms of this By-law and any directions issued by Council from
time to time, the City shall collect garbage, recyclable materials, organic waste,
yard waste, bulk items, and Christmas trees from eligible properties.
3.2
Subject to Section 3.3 all acceptable waste placed or apparently placed by the
owner for collection by City staff or a City contractor may be audited, processed,
salvaged, recycled, reclaimed, disposed of or otherwise dealt with as the City
may deem fit and will immediately become the property of the City.
Refusal of Collection Services
3.3
The City may refuse to provide waste collection services if waste is not set out
in accordance with this By-law.
Full Participation in Collection Services
3.4
No property shall be eligible to receive or continue to receive waste collection
services unless the owner sets out for collection all waste in respect of which
the City provides services to the owner.
Denial of Services
3.5
The General Manager may determine that owners who do not participate fully
in the City's collection of recyclable materials, organic materials or yard waste,
or who sell or otherwise transfer recyclable materials, organic materials or yard
waste to persons other than the City are not eligible to receive or continue to
receive services.
Eligible Properties
3.6
Subject to the serviceability requirements in Section 3.7, for the purposes of
this By-law, the following property types are eligible to receive garbage, organic
materials, yard waste, and bulk items waste collection services:
(a)
single-family residential properties;
(b)
multi-residential properties;
(c)
commercial properties;
(d)
other properties through agreement with the City; and
(e)
other properties deemed eligible by the General Manager.
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
Waste Management System for the City of Hamilton
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3.6.1
Subject to the serviceability requirements in Section 3.7, for the
purposes of this By-law, the following property types are eligible to
receive recyclable materials waste collection services:
(a) commercial properties;
(b) other properties through agreement with the City; and
(c) Other properties deemed eligible by the General Manager.
Serviceability Requirement
3.7
Notwithstanding Section 3.6, no property shall receive, or continue to receive,
waste collection services unless the owner complies with all relevant
requirements of this By-law and the "City of Hamilton Waste Requirements for
Design of New Developments and Collection" as amended from time to time.
On-Site Collection Services
3.8
For the purposes of Section 3.9-3.11, "On-Site Collection Services", "Current
Owner" and "Property" are defined in the Agreement for On-Site Collection of
Municipal Solid Waste.
3.9
On-Site Collection Services are provided to a property only if an Agreement for
On-Site Collection of Municipal Solid Waste is in force between the City and
the Current Owner.
3.10
All provisions in this By-law governing waste collection shall apply, with
necessary modifications, to On-Site Collection Services, including but not
limited to provisions governing when and how waste can be set out for
collection.
3.11
In the event of any conflict between the provisions of an Agreement for On-Site
Collection of Municipal Solid Waste and the provisions of this By-law, the
provisions of the Agreement for On-Site Collection of Municipal Solid Waste
prevail.
Vacant Properties
3.12
No property shall be eligible to receive or continue to receive waste collection
services while the property is vacant.
Private Collection Services
3.13
If a property is not eligible or serviceable for waste collection services under
this By-law, the owner shall be responsible for obtaining private waste
collection services at their own cost.
Collection Services by Agreement
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3.14
Notwithstanding Section 3.13, the City may enter into a service agreement or
other agreement with a property owner to provide waste collection services to
a property that is not otherwise eligible for waste collection services.
Curbside or Front-end Collection
3.15
The General Manager may determine whether an eligible property will receive
curbside or front-end collection services or a combination of curbside and front-
end collection services.
Default Collection Services
3.16
Unless the General Manager determines otherwise, waste collection services
shall be provided as follows:
3.16.1
single-family residential properties shall receive curbside collection
services exclusive of recyclable materials;
3.16.2
multi-residential properties shall receive front-end collection
services for garbage and shall receive curbside service for organic
materials; and
3.16.3
commercial properties shall receive curbside collection services.
Deemed Single-Family Residential Property
3.17
Where the General Manager determines that a property used mainly for
residential purposes will receive curbside collection services, the property is
deemed to be a single-family residential property for the purposes of this By-
law.
Deemed Multi-Residential Property
3.18
Where the General Manager determines that a property used mainly for
residential purposes will receive front-end garbage collection services, or
wheeled garbage carts as defined in "Schedule D", the property is deemed to
be a multi-residential property for the purposes of this By- law.
PART 4.0 FREQUENCY OF COLLECTION SERVICES
Collection Services - Single-Family Residential
4.1
The City shall collect garbage, organic materials, yard waste other than
Christmas trees, and bulk items from single-family residential properties no
more than once per week on a scheduled collection day.
Collection Services - Multi-Residential
4.2
The City shall collect garbage, organic materials, yard waste other than
Christmas trees, and bulk items from multi-residential properties no more than
once per week on scheduled collection days; except and provided that the City
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
Waste Management System for the City of Hamilton
Page 9 of 42
may collect garbage up to three times per week from multi-residential properties
at the sole and unfettered discretion of the General Manager.
Collection Services - Commercial
4.3
The City shall collect garbage, recyclable materials, and organic materials from
commercial properties no more than once per week on scheduled collection
days, subject to Section 4.4.
Collection Services - Enhanced Collection Area
4.4
The City may, but is not obligated to, collect garbage, recyclable materials, and
organic materials from commercial properties located in an enhanced collection
area more than once per week on scheduled collection days, at the discretion
of the General Manager.
Collection Services - Christmas Trees (Single-Family Residential)
4.5
The City shall collect, in January only, no more than five Christmas trees from
single-family residential properties on a scheduled collection day, provided that
the owner is not a Christmas tree vendor.
Collection Services - Christmas Trees (Multi-Residential)
4.6
The City shall collect, in January only, any number of Christmas trees from
multi- residential properties on scheduled collection days, provided that the
owner is not a Christmas tree vendor.
Collection Service - By Agreement
4.7
The City may collect waste or modify waste collection by agreement.
PART 5.0 PREPARATION OF WASTE FOR COLLECTION
General Requirements for Collection Services
5.1
No owner shall set out garbage, recyclable materials, organic materials or yard
waste, unless the material set out for collection:
5.1.1
is generated on the public or private portion of the property abutting the
location where it is set out for collection;
5.1.2
is in a permitted container described in Schedule "D" that is fully intact,
in good working order, and filled to a height no greater than the sides of
the container, or in bundles in accordance with Section 5.5.6, or
Section 5.7.2, as applicable;
5.1.3
is in a permitted container described in Schedule "D" that is maintained
in a manner that allows for the safe collection of waste;
5.1.4
is placed as close to the edge of the roadway as possible without
To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a
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obstructing the roadway or sidewalk;
5.1.5
is free from contamination;
5.1.6
does not exceed the maximum weight or volume for each container as
permitted in Schedule "D"; and
5.1.7
is not stuck or frozen to the containers or the ground.
5.2
No owner shall set out garbage, recyclable materials, organic material, yard
waste, or bulk items before 7:00 p.m. on the day before the scheduled collection
day or after 7:00 a.m. on the scheduled collection day.
5.3
Every owner shall remove every container set out for collection, whether empty
or not, by 7:00 p.m. on the scheduled collection day.
Preparation of Garbage
5.4
No owner shall set out garbage for collection unless:
5.4.1
wet garbage is drained and placed in a leak-proof container or bag
before being placed in a permitted container;
5.4.2
garbage bags are securely tied and free from damage;
5.4.3
home health care waste, diapers, and household pet waste are double-
bagged before being placed in a permitted container; and
5.4.4
broken glass and other sharp objects are sealed in a cardboard box
and marked "BROKEN GLASS" or "SHARP WASTE" so that it is visible
to the collection operator.
Preparation of Recyclable Materials
5.5
No owner of a property eligible for recyclable materials waste collection service
under subsection 3.6.1 shall set out such recyclable materials for collection
unless:
5.5.1
recyclable materials are placed loosely in a permitted container;
5.5.2
recyclable fibres material is placed in a separate container from
recyclable containers material or bundled in accordance with Section
5.5.6;
5.5.3
recyclable plastic bags are collected and placed in one plastic bag and
securely tied, which bag may be placed in a permitted container;
5.5.4
lids are removed from recyclable bottles, jars and other containers;
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5.5.5
containers are rinsed and empty; and
5.5.6
corrugated cardboard, boxboard and paper egg cartons may be
flattened and bundled with twine in bundles no more than 13 kilograms
in weight, not exceeding 0.75 metres x 0.75 metres x 0.2 metres, and
placed beside containers set out for collection.
Preparation of Organic Materials
5.6
No owner shall set out organic materials for collection unless organic
materials are:
5.6.1
placed in a permitted container either loosely or in a paper bag or a
compostable liner bag certified by the Biodegradable Products Institute
(BPI) or Bureau de Normalisation du Quebec (BNQ), or, if they are
wood ashes, cold and wrapped in newspaper or placed in a bag
described in this Section 5.6.1 and separated from other types of
materials; and
5.6.2
absent from plastic wrap, rubber bands and stickers, and all labels are
removed.
Preparation of Yard Waste
5.7
No owner shall set out yard waste for collection unless:
5.7.1
yard waste is placed loosely in a permitted container or bundled in
accordance with Section 5.7.2;
5.7.2
brush or woody material may be bundled with biodegradable or natural
twine in bundles no more than 23 kilograms in weight, not exceeding
1.2 metres in length x 0.75 metres in diameter and containing no
individual branches exceeding 0.07 metres in diameter;
5.7.3
the top of kraft paper bags are folded over; and
5.7.4
all containers remain fully intact until collection.
Preparation of Christmas Trees
5.8
No owner shall set out Christmas trees for collection unless:
5.8.1
Christmas trees are natural, less than 2.1 metres in length and have all
tinsel and decorations removed;
5.8.2
Christmas trees are not contained in plastic or any other receptacle;
and
5.8.3
Christmas trees are not frozen to the ground.
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PART 6.0
BULK ITEM COLLECTION SERVICES
General Prohibition respecting Bulk Waste
6.1
No person shall set out any bulk items for collection without prior
authorization.
Single-Family Residential Properties
6.2
For Single-Family Residential Properties: (i) no owner shall receive bulk item
collection services unless the owner contacts the City to schedule bulk item
collection services through a means, and with sufficient advance notice, as
determined by the General Manager and published on the City of Hamilton's
website, and (ii) the City shall not collect any more than four bulk items per single-
family residential property on a scheduled collection day.
Multi-Residential Properties
6.3
For multi-residential properties: (i) only the superintendent or property manager
shall contact the City to schedule bulk item collection services on behalf of the
multi-residential property through a means, and with sufficient advance notice,
as approved by the General Manager and published on the City of Hamilton's
website, and (ii) the City shall not collect more than eight bulk items per multi-
residential property on a scheduled collection day.
Preparation of Bulk Items
6.4
No owner shall set out bulk items for collection unless:
6.4.1
the bulk items originate from the private property abutting the location
where it is set out for collection;
6.4.2
the bulk items are placed as close to the edge of the roadway as possible
without obstructing the roadway or sidewalk;
6.4.3
each oversized item weighs no more than 90 kilograms;
6.4.4
each item is broken down or dismantled so that each part does not
exceed 1.2 metres in length, unless the item is unable to be reasonably
broken down or dismantled;
6.4.5
all moveable parts within the item are secured;
6.4.6
carpets, under pads and linoleum are rolled and securely tied;
6.4.7
all batteries and light bulbs are removed;
6.4.8
mirrors are securely wrapped in cardboard and marked "BROKEN
GLASS";
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6.4.9
all toilets must have toilet tanks removed, if possible;
6.4.10 all items that are known to have been in contact with bed bugs, are
infested with bed bugs or that show visible signs of bed bugs or
biohazardous waste materials (i.e. bodily fluids) shall be wrapped in
plastic to the satisfaction of the City, and;
6.4.11 All mattresses and boxsprings must be wrapped and sealed in plastic
to the satisfaction of the City.
PART 7.0 PROHIBITIONS
Prohibited Waste
7.1
No owner shall set out prohibited collection waste for collection by the City,
either on its own or mixed with any waste that is collected by the City.
7.2
The City shall not collect prohibited collection waste.
7.3
The City shall not collect waste that contains contamination.
General Prohibitions
7.4
No person shall:
7.4.1
place, permit to be placed, or permit to remain on any street abutting
the property which they own or occupy, any waste except as expressly
authorized by this By-law;
7.4.2
set out or permit to be set out any waste for collection, or place or permit
waste to be placed in a container that is set out for collection, any waste
except waste that is generated on the property abutting the street
where waste is set out;
7.4.3
throw, cast, or otherwise deposit or permit any contractor, agent, or
employee to throw, cast, or otherwise deposit any waste on or in any
street or other public property except as expressly authorized by this
By-law;
7.4.4
pick over, interfere with, disturb, remove, or scatter any waste set out
for collection unless authorized to do so by the General Manager;
7.4.5
permit any person to pick over, interfere with, disturb, remove, or
scatter any waste set out for collection unless authorized to do so by the
General Manager;
7.4.6
permit any animal owned by them or under their care or control to pick
over, interfere with, disturb, remove, or scatter any waste set out for
collection;
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7.4.7
place waste or permit others to place waste or permit others to place
waste on public property for collection by a private agency without
authorization;
7.4.8
permit the accumulation or storage of waste on their property so that it
becomes a public nuisance or emits offensive odours or attracts birds,
racoons, insects, rats or other vermin;
7.4.9
deposit or permit others to deposit waste generated on private property
in public waste receptacles;
7.4.10 deposit waste on public property except in public waste receptacles;
7.4.11 permit any waste that has been set out for collection to blow away or
otherwise escape in any manner prior to collection;
7.4.12 set out waste for collection in such a manner so as to obstruct vehicular
or pedestrian traffic;
7.4.13 fail to pay an applicable fee as set out under this By-law or the User Fees
and Charges By-law; or
7.4.14 permit a waste collection container or waste collection bag to be
damaged after it has been set out for collection, and if there is damage
to a waste collection container or waste collection bag, by an animal or
any other means, the owner must immediately replace such waste
collection container or waste collection bag.
PART 8.0 WASTE MANAGEMENT FACILITIES
Waste Management Facilities
8.1
The City shall operate municipally-owned waste management facilities as
approved by Council from time to time.
Public Prohibited Except Community Recycling Centres
8.2
No person shall enter a waste management facility except a waste
management facility designated as a Community Recycling Centre or Transfer
Station, as designated by the General Manager from time to time.
Certain Persons Permitted
8.3
Despite Section 8.2, City staff and City contractors and other persons
authorized by the City may enter waste management facilities in accordance
with the terms of their authorization or contract.
Community Recycling Centres and Transfer Stations
8.4
No person shall deliver or dispose of, or permit to be delivered or disposed of,
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any item or material at a Community Recycling Centre or Transfer Station
except:
8.4.1
the waste items or materials designated as acceptable in Schedule "C",
subject to Section 8.5;
8.4.2
waste that is generated on single-family residential, multi-residential or
commercial properties within the City;
8.4.3
household pet waste that is not of a greater quantity than that
generated by one dwelling unit;
8.4.4
waste that has been sorted into garbage, recyclable materials, yard
waste, and other acceptable material streams identified in Schedule
"C" and is free of contamination;
8.4.5
waste that is properly drained so that it does not contain any visible
evidence of water or other liquids;
8.4.6
waste that is fully enclosed within vehicle bodies and covered by
tarpaulins, canvas, or nets so as to prevent the waste from falling upon
the ground; and
8.4.7
in designated unloading or disposal areas.
8.5
Only municipal hazardous or special waste from residential sources from within
the City of Hamilton may be delivered or disposed of at a Community Recycling
Center.
8.6
No person shall use Community Recycling Centres or Transfer Stations within
the City without paying any and all applicable fees.
Motor Vehicle Access
8.7
No person shall enter or exit a Community Recycling Centre or Transfer Station
except in a motor vehicle and by designated routes.
Prohibited Conduct
8.8
No person while within a Community Recycling Centre or Transfer Station
shall:
8.8.1
engage in any riotous, violent, threatening or abusive conduct or use
profane or abusive language;
8.8.2
operate a vehicle or do any other thing in a manner that causes or is likely
to cause injury or harm to any person or damage to any property or
without exercising due care and attention; interfere with the use of the
Community Recycling Centre or Transfer Station by any other person;
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8.8.3
permit any child under the age of 14 years who is under the person's
care, custody or control to be outside their vehicle;
8.8.4
climb or mount any railing or structure;
8.8.5
disobey any posted sign;
8.8.6
disobey any direction of City staff or City contractors; or
8.8.7
smoke, vape, or hold a lighted or electronic tobacco or cannabis
product, including without limitation a cigarette, e-cigarette, cigar or
pipe, at any City waste transfer station or Community Recycling Centre.
8.9
No person other than authorized City staff or City contractors shall enter a
Community Recycling Centre or Transfer Station after the posted hours of
operation.
Waste Property of City
8.10
Subject to Section 8.4, all waste delivered to or disposed of at a City waste
management facility including a Community Recycling Centre or Transfer
Station may be processed, salvaged, recycled, reclaimed, disposed of or
otherwise dealt with as the City deems fit and will immediately become the
property of the City.
No Scavenging
8.11
No person shall scavenge or remove without authorization any waste from a
City waste management facility, including a Community Recycling Centre or
Transfer Station.
PART 9.0
ADMINSTRATION, ENFORCEMENT AND PENALTIES
Powers and Duties of General Manager
9.1
The General Manager shall have the authority and power, but not the
obligations, to:
9.1.1
operate and administer waste collection services;
9.1.2
determine the frequency and scheduling of waste collection services in
accordance with this By-law;
9.1.3
designate locations where waste may be set-out for collection in
respect of a property;
9.1.4
designate one or more waste management facilities as a Community
Recycling Centre and/or Transfer Station;
9.1.5
determine the fees applicable to activities and items related to waste
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management services, as confirmed by Council in the User Fees and
Charges By-law;
9.1.6
determine the City policy regarding the use and distribution of garbage
tags;
9.1.7
discontinue or refuse waste collection services to a property that is, in
the opinion of the General Manager, unsafe for entry or egress by
persons providing collection services including with respect to the
physical layout, loading facilities, or the methods of handling waste on
the property;
9.1.8
discontinue or refuse waste collection services to a property whose
owner is not fully participating in the collection services provided to the
property by the City;
9.1.9
suspend waste collection services in all or in part of the City in the event
of inclement weather or any other condition that renders the provision
of waste collection services unsafe or impractical;
9.1.10 determine site specific exemptions to this By-law for the location of
collection points for acceptable waste based on site layout limitations
or requirements;
9.1.11 determine site specific exemptions to the limits on the number of waste
collection containers permitted by this By-law based on the following
considerations:
9.1.11.1
the physical or medical circumstances of residents of a
property;
9.1.11.2
whether two or more of the residents of a property are under
the age of four;
9.1.11.3
the use of the property as a farm;
9.1.11.4
the use of the property as a day care as demonstrated by a
provincial
licence,
income
tax
return
or
similar
documentation; or
9.1.11.5
such other special considerations as may be approved by
Council from time to time;
9.1.12 determine permitted containers for waste collection in addition to those
set out in this By-law;
9.1.13 provide information to the public about the matters addressed by this
By-law;
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9.1.14 operate and administer waste management facilities;
9.1.15 negotiate and execute an Agreement for On-Site Collection of
Municipal Solid Waste or similar agreement with any person;
9.1.16 negotiate and execute an agreement for waste collection with any
person in the City in a form approved by the City Solicitor;
9.1.17 refuse entry to a waste management facility to any person violating this
By-law;
9.1.18 evaluate and certify the acceptability for disposal of any waste not
specifically dealt with in this By-law, upon receiving a written request
by any person proposing to deposit waste at a waste management
facility; and
9.1.19 establish such other measures required for the proper administration
of this By-law.
Authority to Amend Schedules
9.2
The General Manager shall have authority to amend Schedules to the By-law
by filing the amended Schedule with the Clerk.
9.3
The General Manager shall notify the Waste Management Sub-Committee of
any change to the Schedules of this By-law on or before the next scheduled
meeting of the Waste Management Sub-Committee. This requirement may be
satisfied by notifying the Waste Management Sub-Committee of a proposed
change to the Schedules of this By-law prior to the General Manager filing such
amendment with the Clerk.
Delegation
9.4
The General Manager is authorized to delegate the responsibility for the
administration of this By-law, in whole or in part, to any employee of the Public
Works Department of the City.
Contracting Out
9.5
The City may retain one or more contractors to fulfill any of the City's
responsibilities under this By-law.
No Liability
9.6
If due to breakdown of equipment, strike, inclement weather, or any other
cause, waste collection services are not provided to a property, the City is
not liable to any person for any damages, costs or expenses due to the
failure of the City to provide waste collection services.
Enforcement
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9.7
All Municipal Law Enforcement Officers of the City of Hamilton are authorized
to enforce this By-law.
Entry on Land
9.8
A Municipal Law Enforcement Officer may enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether or not any
of the following are being complied with:
9.8.1
this By-law; or
9.8.2
an order under the Municipal Act, 2001 or under this By-law.
Inspection Powers
9.9
A Municipal Law Enforcement Officer carrying out an inspection under Section
9.8 may:
9.9.1
require the production for inspection of documents or things relevant to
the inspection;
9.9.2
inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
9.9.3
require information from any person concerning a matter related to the
inspection; and
9.9.4
alone or in conjunction with a person possessing special or expert
knowledge, make examinations, take tests, samples or photographs
necessary for the purposes of the inspection.
Inspection Pursuant to Order
9.10
Where a Municipal Law Enforcement Officer has been prevented or is likely to
be prevented from doing anything set out in Section 9.8 or Section 9.9, the City
may undertake an inspection pursuant to an Order issued under section 438 of
the Municipal Act, 2001.
Orders
9.11
A Municipal Law Enforcement Officer who is satisfied that a contravention of
this By-law has occurred may, in accordance with sections 444 or 445 of the
Municipal Act, 2001, as applicable, make one or more orders requiring any
person who contravened the By-law,
9.11.1 to discontinue the contravening activity, or
9.11.2 to do work to correct the contravention.
9.12
An order under Section 9.11 shall set out,
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9.12.1 reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
9.12.2 the work to be done and the date by which the work must be done.
Service
9.13
Service of an order pursuant to Section 9.11 may be made:
9.13.1 personally;
9.13.2 by placing a placard containing the order in a conspicuous place on
the property where the contravention occurred;
9.13.3 by fax to the recipient's last known fax number;
9.13.4 by e-mail to the recipient's last known e-mail address; or
9.13.5 by registered or regular mail, courier or hand delivery addressed to
the recipient's last known address.
Deemed Effective
9.14
Service of an order pursuant to Section 9.11 shall be deemed to be effective:
9.14.1 on the date it is personally given or delivered by courier or hand
delivered or placarded;
9.14.2 on the date on which the fax is sent;
9.14.3 on the date the e-mail is sent; or
9.14.4 on the fifth day after the date of mailing by registered or regular mail.
Remedial Action
9.15
If a person fails to comply with an order under Section 9.11, the General
Manager or persons acting upon the General Manager's instructions may enter
on land at any reasonable time to do the things required by the order at the
person's expense.
Authority for Remedial Action
9.16
The General Manager is authorized to give immediate effect to any remedial
action pursuant to Section 9.15.
Recovery of Costs
9.17
The City may recover all costs associated with the actions taken to do that which
is required to effect compliance with this By-law plus interest from the day the
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City incurs such costs and ending on the day the costs, including the interest
is paid in full. All costs, including any interest on such costs, recoverable by the
City pursuant to this By-law or otherwise pursuant to the Municipal Act, 2001,
S.O. 2001, c. 25, as may be amended, restated, superseded or replaced, or
any successor legislation, may be recovered by any lawful means available
to the City, and such recovery methods may include adding such amounts to
the tax roll and collecting such amounts in the same manner as taxes.
9.18
The costs in 9.17 may include an interest rate of 15 per cent commencing on
the day the City incurs the costs and ending on the day the costs, including the
interest, are paid in full.
Offence
9.19
Any person other than a corporation who contravenes any provision of this By-
law or an order made under this By-law is guilty of an offence and on conviction
is liable to a maximum fine of $10,000 for a first offence, and $25,000 for a
subsequent offence.
Officers and Directors
9.20
Any officer or director of a corporation who knowingly concurs in the
contravention of this By-law or an order made under this By-law is guilty of an
offence and on conviction is liable to a maximum fine of $10,000 for a first
offence, and $25,000 for a subsequent offence.
Corporations
9.21
Any corporation which contravenes any provision of this By-law or an order
made under this By-law is guilty of an offence and on conviction is liable to a
maximum fine of $50,000 for a first offence, and $100,000 for any subsequent
offence.
Economic Advantage
9.22
In addition, if any person convicted of an offence under this By-law has gained
economic advantage from the contravention of the By-law, they are liable to a
special fine equal to the economic advantage gained.
Administrative Penalties
9.23
As an alternative to a charge for an offence under this By-law, a Municipal Law
Enforcement Officer may issue an administrative penalty notice for any
contravention of this By-law.
Severability
9.24
In the event that any provision or part of a provision in this By-law is found to
be invalid or unenforceable then the particular provision or part thereof shall be
deemed to be severed from the remainder of the By-law and all other provisions
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or parts thereof shall remain in full force and effect and shall be valid and
enforceable to the fullest extent permitted by law.
Schedules
9.25
The following schedules are attached to and form part of this By-law:
9.25.1 Schedule "A" - Recyclable Materials, Organic Materials, Yard Waste
and Christmas Trees
9.25.2 Schedule "B" - Prohibited Collection Waste
9.25.3 Schedule "C" - Community Recycling Centres
9.25.4 Schedule "D" - Permitted Waste Containers
9.25.5 Schedule "E" - Enhanced Collection Areas
9.25.6 Schedule "F" - Agreement for On-Site Collection of Municipal
Solid Waste
Repeal
9.26
By-law No. 09-067, as amended, is hereby repealed.
User Fees and Charges
9.27
Notwithstanding Section 9.26, the User Fees and Charges applicable to By-law
No. 09-067 and the fees set out in Schedule "C" to By-law No. 09-067 continue
to apply to this By-law and the administration and operation of the waste
management system until a new User Fees and Charges By-law is passed by
Council.
Enactment
9.28
This By-law comes into effect on the date it is passed.
Administrative Penalty Enactment
9.29
Despite Section 9.28, Section 9.23 does not come into effect until this By-law
is Designated pursuant to Administrative Penalty By-law No. 17-225.
General Prohibition
9.30
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.
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PASSED this 28th day of October, 2020.
F. Eisenberger
A. Holland
Mayor
City Clerk
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SCHEDULE "A" TO BY-LAW 20-221
RECYCLABLE MATERIALS, ORGANIC MATERIALS, YARD WASTE AND
CHRISTMAS TREES
Recyclable Materials
1. The following items or materials are deemed to be recyclable materials for the
purposes of this By-law:
1.1. recyclable containers material means:
1.1.1.
aluminum foil and trays;
1.1.2.
aseptic containers such as juice boxes;
1.1.3. film plastic such as grocery bags or plastic wrap (bread, milk (outer bag
only), produce bags);
1.1.4.
gable-top containers such as juice and milk cartons;
1.1.5.
glass bottles and jars with lids removed;
1.1.6.
high density polyethylene (plastic #2) containers such as plastic bottles
and jugs with lids removed;
1.1.7.
metal beverage and food containers;
1.1.8.
metal lids;
1.1.9.
metal paint and aerosol cans that are empty and dry;
1.1.10. molded plastic packaging;
1.1.11. polyethylene terephthalate (plastic #1) containers such as soft drink
and water bottles with lids removed;
1.1.12. polypropylene (plastic #5) containers such as plastic tubs and lids;
1.1.13. spiral cardboard cans such as frozen juice containers or potato
chip containers; and,
1.1.14. Paper coffee cups.
1.2. recyclable fibres material means:
1.2.1.
boxboard such as cereal and cracker boxes;
1.2.2.
books with the hard cover removed;
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1.2.3.
corrugated cardboard;
1.2.4.
fine paper;
1.2.5.
magazines;
1.2.6.
newsprint;
1.2.7.
paper egg cartons; and
1.2.8.
paper products generated by households that do not contain plastic
windows or liners such as envelopes, flyers and greeting cards.
2. Despite Section 1 of this Schedule "A", black plastic is not a recyclable
containers material and should be placed in the garbage.
Organic Materials
3. The following items or materials are deemed to be organic materials for the
purposes of this By-law:
3.1.
baked goods and cereals;
3.2.
coffee filters and grounds;
3.3.
cold wood ashes;
3.4.
dairy products;
3.5.
eggs and eggshells;
3.6.
fish, meat and bones;
3.7.
fruit and vegetables (plastic wrap, rubber bands, stickers and labels
removed);
3.8.
nuts and shells;
3.9.
pasta, potatoes, rice and grains;
3.10.
sawdust, excelsior and wood shavings, except from pressure treated
wood, oriented strand board or medium density fibre board;
3.11.
soiled newsprint, paper bags, paper plates, pizza boxes, paper towels,
microwave popcorn bags;
3.12.
cooking oil or grease that has solidified; and
3.13.
pet hair.
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Yard Waste
4. The following items or materials are deemed to be yard waste for the purposes of
this By-law:
4.1.
branches;
4.2.
brush;
4.3.
grass clippings;
4.4.
house and garden plants;
4.5.
leaves;
4.6.
plant and tree trimmings; and
4.7.
weeds.
5. Despite Section 4 of this Schedule "A", noxious weeds are not deemed yard waste
and should be placed in the garbage.
Christmas Trees
6. Only Christmas trees in conformance with this By-law will be deemed
acceptable waste.
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SCHEDULE "B" TO BY-LAW 20-221
PROHIBITED COLLECTION WASTE
1.
The following items or materials are deemed to be prohibited collection waste
for the purposes of this By-law:
1.1
animal carcasses or parts of animal carcasses except for food waste;
1.2
automotive parts;
1.3
brick, concrete and ceramic tiles;
1.4
construction and demolition materials;
1.5
soil, rocks, sod and stone;
1.6
hazardous waste;
1.7
human and animal excrement, except for animal excrement generated
by a domesticated animal that is not living on a farm, or if is contained
in a diaper;
1.8
liquid waste;
1.9
municipal hazardous or special waste;
1.10
needles;
1.11
plastic, fibre and steel barrels;
1.12
pressure treated lumber;
1.13
propane tanks and gas cylinders;
1.14
railway ties;
1.15
scrap metal;
1.16
tires;
1.17
tree stumps;
1.18
vermiculite;
1.19
waste electrical and electronic equipment;
1.20
waste that is free from contamination
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1.21
white goods; and
1.22
wire, wire meshing and fencing.
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SCHEDULE "C" TO BY-LAW 20-221
COMMUNITY RECYCLING CENTRES
Acceptable Materials
1.
The following items or materials are deemed to be acceptable at Community
Recycling Centres:
1.1
asphalt shingles;
1.2
bulk items;
1.3
clean wood and lumber, which is free of hardware and nails, and which
does not contain a painted or treated surface;
1.4
expandable polystyrene, which is free from residue, such as packaging
from televisions and appliances;
1.5
garbage;
1.6
municipal hazardous or special waste, including:
1.6.1
aerosols;
1.6.2
antifreeze;
1.6.3
batteries;
1.6.4
bulked fuel placed in containers less than 20 litres in volume;
1.6.5
fire extinguishers;
1.6.6
fertilizers;
1.6.7
flammable liquids and solids;
1.6.8
gas cylinders, including propane tanks;
1.6.9
household solvents, chemicals and cleaners;
1.6.10 inorganic acids and bases;
1.6.11 inorganic cyanides;
1.6.12 isocyanates;
1.6.13 light bulbs and lamps, including fluorescent, halogen, high-
intensity discharge (HiD), sodium and ultraviolet (UV);
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1.6.14 oil and oil filters;
1.6.15 oxidizers;
1.6.16 paint and paint sludge;
1.6.17 pathological waste, including sharps, needles and syringes
placed in plastic or metal containers with a lid and labelled
"syringes";
1.6.18 pesticides and herbicides;
1.6.19 pharmaceuticals; and
1.6.20 mercury switches, thermometers and thermostats.
1.7
recyclable materials, which has been separated into recyclable
fibres material and recyclable containers material;
1.8
scrap metal, including:
1.8.1
aluminum siding;
1.8.2
automotive parts;
1.8.3
barbeques with propane tanks removed;
1.8.4
hot water tanks;
1.8.5
metal furniture and household items including bicycles and
lawnmowers;
1.8.6
metal hardware including nuts, bolts, nails and screws;
1.8.7
metal posts, pipe fittings and sinks; and
1.8.8
tire rims from passenger and light truck vehicles (tires
removed).
1.9
tires with or without rims from passenger and light truck vehicles;
1.10
waste electrical and electronic equipment;
1.11
white goods, including:
1.11.1 air conditioners including window-mounted and central
air systems;
1.11.2 clothes washers and dryers;
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1.11.3 dehumidifiers;
1.11.4 dishwashers;
1.11.5 hot water tanks, drained;
1.11.6 microwave ovens;
1.11.7 ovens;
1.11.8 pool heaters;
1.11.9 refrigerators and freezers;
1.11.10 stoves and ranges;
1.11.11 water coolers; and
1.12.13 water pressure tanks.
1.12
yard waste.
Unacceptable Waste
2.
Any item not specifically listed in Section 1, of this Schedule "C", shall not be
accepted at the Community Recycling Centres, and for certainty, without
limiting the generality of the foregoing, the following items or materials are
deemed to be not acceptable at Community Recycling Centres:
2.1
ammunition, explosives or fireworks;
2.2
asbestos;
2.3
biohazardous or biochemical wastes;
2.4
toner/ink cartridges;
2.5
radioactive waste;
2.6
soil, rocks, sod and stone; and,
2.7
mercury not contained in thermometers or thermostats.
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SCHEDULE "D" TO BY-LAW 20-221
PERMITTED WASTE CONTAINERS
Garbage Containers - Single-Family Residential
1.
Owners of single-family residential properties shall set out garbage as follows:
1.1
no more than one rigid, reusable garbage container with handles and
a diameter which is smaller at the bottom than the top, or garbage bag
per dwelling unit with a maximum volume of 135 litres and maximum
weight of 23 kilograms, a maximum height of 91 cm, and a maximum
diameter of 61 cm, provided that if any container has a lid, the lid must
be readily separable from the container, and any devices used to tie
down or secure any lids must be removed by the resident prior to
collection; or
1.2
if an owner has an excess of garbage that cannot fit within a garbage
container or garbage bag as described in Section 1.1 of this Schedule
"D", an owner may set out any number of garbage bags with a maximum
volume of 135 litres and maximum weight of 23 kilograms each
provided that a garbage tag is affixed to each; or
1.3
any number of cardboard boxes, with a maximum weight of 13
kilograms each, containing only broken glass or other sharp objects,
sealed and labelled, so long as the General Manager deems the
number of boxes appropriate.
Garbage Containers - Multi-Residential
2.
Owners of multi-residential properties shall set out garbage as follows:
2.1
for uncompacted garbage, any number of front-end containers with a
volume of no more than 6120 litres, or any number of wheeled garbage
carts provided by the City, provided that the total combined volume of
all front-end containers or wheeled garbage carts set out is not more
than 135 litres per dwelling unit for the property per week;
2.2
for compacted garbage, any number of front-end containers with a
volume of no more than 2293 litres provided that the total combined
volume of all such containers set out is not more than 45 litres per
dwelling unit for the property per week.
Garbage Containers - Commercial
3.
Owners of commercial properties shall set out garbage as follows:
3.1
no more than six rigid, reusable garbage containers with handles and
a diameter which is smaller at the bottom than the top or garbage bags with a
maximum volume of 135 litres and maximum weight of 23 kilograms each per
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collection day; or
3.2
any number of cardboard boxes with a maximum weight of 13
kilograms each, containing only broken glass or other sharp objects,
sealed and labelled, so long as the General Manager deems the
number of boxes appropriate.
Recycling Containers - Commercial
4.
Owners of commercial properties shall set out recyclable materials as follows:
4.1
any number of blue boxes or comparable containers with a maximum
weight of 13 kilograms each;
4.2
any number of securely tied clear or translucent bags with a maximum
volume of 135 litres and maximum weight of 13 kilograms each;
4.3
any number of recycling carts provided by the City having a hinged lid,
wheels, a maximum volume of 364 litres and a maximum weight of 60
kilograms, or comparable containers;
4.4
any number of blue, rigid, reusable recycling containers with handles
and a maximum volume of 135 litres and maximum weight of 23
kilograms each; or
4.5
for recyclable fibres material only, any number of front-end containers
with a volume of no more than 6120 litres that is capable of being
collected by a front-end collection vehicle.
Organics Containers - Single-Family Residential
5.
Owners of single-family residential properties shall set out organic materials as
follows:
5.1
in any number of organic containers provided by the City or comparable
containers with a handle, hinged lid, wheels and a maximum volume of
45 litres and a maximum weight of 23 kilograms each; or
5.2
in any number of organic containers provided by the City having a
handle, hinged lid, wheels, a maximum volume of 120 litres and a
maximum weight of 60 kilograms.
Organics Containers - Multi-Residential
6.
Owners of multi-residential properties shall set out organic materials in any
number of organics carts provided by the City with a maximum volume of
120 litres and a maximum weight of 60 kilograms each or front-end
containers with a volume of no more than 1,529 litres.
Organics Containers - Commercial
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7.
Owners of commercial properties shall set out organic materials in any number
of organics carts provided by the City with a maximum volume of 120 litres and
a maximum weight of 60 kilograms each.
Yard Waste Containers
8.
Owners shall set out yard waste as follows:
8.1
any number of open-top, rigid, reusable containers with handles and a
maximum volume of 135 litres, maximum weight of 23 kilograms, a
maximum height of 91 cm, and a maximum diameter of 61 cm, provided
that if any container has a lid, the lid must be readily separable from
the container, and any devices used to tie down or secure any lids must
be removed by the resident prior to collection;
8.2
any number of kraft paper bags with a maximum volume of 135 litres
and maximum weight of 23 kilograms each; or
8.3
any number of rigid, reusable bushel baskets with a maximum volume
of 135 litres and maximum weight of 23 kilograms each.
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SCHEDULE "E" TO BY-LAW 20-221
ENHANCED COLLECTION AREAS
Those Business Improvement Area(s) include the following districts in Special Policy
Areas:
1) Dundas District: King Street West from John Street to Main Street / Cross
Street;
2) Downtown Hamilton District: area of Hunter Street East to Wilson Street
and MacNab Street South to Mary Street;
3) International Village: area of Main Street East to Rebecca Street and
Mary Street to West Avenue North; and
4) Westdale Village District: King Street West from west limit of North Oval /
South Oval to Cline Avenue North.
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SCHDULE "F" TO BY-LAW 20-221
AGREEMENT FOR ONSITE COLLECTION OF MUNICIPAL SOLID WASTE
In consideration for the provision of On-Site Collection Services (as herein
defined), the Current Owner (as herein defined) agrees as follows:
ARTICLE 1 - DEFINITIONS
Access Area is the lane, street, avenue or other means of ingress or egress
available for the City and/or Contractor to access the Collection Area and includes
adequate space for the City and/or Contractor to perform vehicle turnaround
functions, as well as pick-up functions, safely.
Agreement means this Agreement for On-site Collection of Municipal Solid
Waste and includes the Application and Schedule "A" hereto. In the event of
conflict between the Application, Schedule "A" and the body of this Agreement,
the body of this Agreement shall apply and prevail.
Application means an application in a form prescribed by the City, completed by
the Current Owner with respect to each Property for the provision of On-Site
Collection Services and approved by the City. Each approved Application shall form
a part of this Agreement, even though it is not physically attached hereto.
Business Day means any day other than a Saturday, Sunday, public holiday or
other day on which banks in Ontario are authorized or required by law to be
closed or any other day where the administrative offices of the City are closed.
City means City of Hamilton.
Collectible Waste means waste, including organic waste and recyclable
materials and any other solid waste materials acceptable for pick-up in
accordance with the Solid Waste By- Law, and which are identified for pick-up in
Schedule "A" attached hereto for each Property.
Collection Area means an area provided by the Current Owner where Collectible
Waste will be placed for pick-up by the City and/or its Contractor(s) for each
Property, as approved by the City.
Contractor means any individual or entity employed or contracted by the City
to provide On-site Collection Services.
Current Owner means the individual(s) or entity(ies) that holds title to the Property
or Properties; or in the case of a condominium, the condominium corporation
responsible for the Property or Properties; as at the date of execution of this
Agreement. Where there is more than one individual or entity that holds title to the
Property or Properties, they shall be jointly and severally liable for the liabilities and
obligations of the Current Owner under this Agreement.
Former Contracts and Indemnities means any contract(s) and/or indemnity(ies)
entered into between an Owner and any of the Former Municipalities, or with the
City, with respect to On-Site Collection Services, whether or not said contract(s)
and/or indemnity(ies) was/were, or is/are, registered on title.
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Former Municipalities means those municipalities that were dissolved pursuant
to the City of Hamilton Act, 1999, S.O. 1999, CHAPTER 14, Schedule C, when the
City was established.
On-Site Collection Services means the non-curbside/roadside collection of
Collectible Waste by the City and/or a Contractor from the Collection Area of each
Property, including ingress and egress to/from each Property via the Access Area.
Owner means any individual(s) or entity(ies) who had, has, or will have title to
any property, or in the case of a condominium, the condominium corporation who
had, has, or will have responsibility for a property, for which On-Site Collection
Services was, is, or will be requested.
Property means a property owned by the Current Owner executing this Agreement
for which the provision of On-Site Collection Services has been, or is being,
requested, as set out in Schedule "A" attached hereto. All Properties requiring On-
Site Collection Services by the Current Owner shall be listed in Schedule "A" with
the corresponding Collectible Waste requirements and Application number for each
Property.
Solid Waste By-law means the City of Hamilton's Solid Waste Management
By- law No. 09-067, as amended and as it exists from time to time, or any
successor by-law.
ARTICLE 2 - CURRENT OWNER RESPONSIBILITIES
2.1
General
2.1.1
The Current Owner hereby agrees to provide an unobstructed
Collection Area and Access Area, which shall be easily
accessible to the City and/or its Contractor(s), for the provision of
On-Site Collection Services for each Property. This includes, but
is not limited to, a safe, unobstructed Access Area and Collection
Area, an adequate vehicle turning area, as well as reasonable
snow and ice removal in the Access Area and Collection Area.
2.1.2
The Current Owner hereby agrees to provide waste containers
approved by the City in accordance with the Solid Waste By-law
for each Property.
2.1.3
The Current Owner hereby agrees that the Collectible Waste to
be collected through the provision of On-Site Collection Services
by the City and/or its Contractor(s) for each Property is set out in
Schedule "A" of this Agreement.
2.1.4
The Current Owner hereby undertakes to advise all tenants and
unit owners for each Property of the existence of this Agreement
and to provide a copy of this Agreement to a tenant or unit owner
upon request.
2.2
Insurance
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2.2.1
Throughout the term of this Agreement (including any renewal
thereof), the Current Owner shall obtain and maintain at its own
expense, including the cost of any applicable deductible,
Commercial General Liability Insurance, covering the Property
or Properties identified in Schedule "A" of this Agreement
and written on IBC Form 2100 or its equivalent, including but not
limited to bodily and personal injury liability, property damage,
and premises liability coverage, having a minimum, inclusive limit
of not less than $2,000,000.00 per occurrence and $4,000,000.00
in the aggregate. The policy shall be endorsed to include the City
of Hamilton and its Contractors as additional insureds, but only
with respect to liability arising out of this Agreement.
2.2.2
The Current Owner shall deposit with the City a Certificate of
Insurance originally signed by an authorized insurance
representative and confirming thereon relevant coverage
information at the time of execution of this Agreement and
thereafter during the term of this Agreement, at the request of the
City. The certificates of insurance shall contain a provision that
the insurer shall not cancel, or materially change coverage as
would affect this Agreement without providing the City at least
thirty days prior written notice. Certificate Holder will be addressed
as the City of Hamilton, City Hall, 71 Main Street West, Hamilton,
Ontario L8P 4Y5 Attention: Policy/Program Analyst, Operations
Support, Operations Division, Public Works Department. All
certificates, cancellation, nonrenewal or adverse change notices
are to be mailed to this address. All insurers shall be licensed to
do business in Ontario and such insurance policy wording and
terms shall be acceptable to the City. All insurance coverage to be
provided by the Current Owner in this Agreement shall be primary
and not call into contribution any other insurance coverage
available to the City. The Current Owner shall not do or omit to do
anything that would impair or invalidate the insurance policies.
The required insurance described herein may be altered or
increased by the City, acting reasonably.
2.3
Indemnity
The Current Owner hereby agrees to defend, release and forever
indemnify and save harmless the City, its officers, directors, employees,
officials, agents and its Contractor(s) (collectively the "Indemnitees"), of
and from any claims, demands and/or causes of action that may arise
by reason of, or in connection with, the operation of collection vehicles,
or personnel, or the work of the Indemnitees on any Property, Collection
Area or Access Area, or any combination of the foregoing, resulting,
directly or indirectly, in damages (including special or consequential
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damages), loss, costs, fines, penalties, and/or injury to person(s).
2.4
Term of Agreement
This Agreement shall come into effect as of the date of execution by the
Current Owner and shall remain in force until,
(a)
it is terminated by the Current Owner by providing no less than 10
Business Days prior written notice to the City, or
(b)
the City discontinues the On-Site Collection Services for a Property, or
(c)
this Agreement is otherwise terminated in accordance with the
provisions of this Agreement.
No amendments to this Agreement shall be effective without the
prior written consent of the City.
2.5
Nature of Agreement
The Current Owner acknowledges and agrees that this Agreement is the
City's standard agreement for On-Site Collection Services and shall
govern the entire relationship between the City and the Current Owner.
This Agreement shall supercede and replace any and all Former
Contracts and Indemnities. Should the City change the form of this
Agreement, the Current Owner agrees to execute any new agreement
provided by the City for the provision of On-Site Collection Services ("New
Agreement"). Should the Current Owner fail to execute the New
Agreement within 15 Business Days of receipt of the New Agreement, On-
Site Collection Services shall terminate at no cost, liability or penalty to the
City whatsoever. Upon execution of the New Agreement, or upon the
failure of the Current Owner to execute the New Agreement within the
stipulated timeframe, this Agreement shall terminate at no cost, liability or
penalty of any kind whatsoever to the City.
2.6
Successors and Assigns
This Agreement shall be binding on the executors, heirs, and legal
representatives of the Current Owner. The Current Owner shall not assign
this Agreement. Any attempt to assign this Agreement or any of the
Current Owner's rights, duties, liabilities or obligations under this
Agreement is void.
2.7
Fees
The Current Owner acknowledges and agrees that the City is providing
On- Site Collection Services in consideration for the insurance and
indemnities provided in this Agreement. As a result, the Current Owner
understands and agrees that there are no fees and charges payable by
the Current Owner to the City with respect to the provision of On-Site
Collection Services by the City and/or its Contractor(s) pursuant to this
Agreement.
2.8
Laws
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2.8.1
This Agreement shall be governed by the laws of the Province of
Ontario and the laws of Canada as applicable therein. The
Current Owner irrevocably submits and attorns to the exclusive
jurisdiction of the court of the Province of Ontario. Any action or
proceeding relating to this Agreement shall be brought in a court
of competent jurisdiction in Hamilton, Ontario.
2.8.2
All provisions in the Solid Waste By-law governing Collectible
Waste collection shall apply, with necessary modifications to On-
Site Collection Services, including but not limited to provisions
governing when and how Collectible Waste can be set out for
collection. In the event of a conflict between the provisions of this
Agreement and the provisions of the Solid Waste By-law, the
provisions of this Agreement prevail.
2.9
Notice
Any notice under this Agreement shall be sufficiently given if given by:
2.9.1
personal delivery; or
2.9.2
registered letter, postage prepaid, and mailed in a Canadian post office;
or
2.9.3
fax;
If to the City
If to the Current Owner
Policy/Program Analyst,
Operations Division
Public Works Department, City of
Hamilton
City Hall, 71 Main Street West
Hamilton, Ontario L8P 4Y5
Fax No. 905-546-3972
or to any address as may be designated in writing by the City or the
Current Owner in accordance with this provision. The date of receipt of
any notice shall be deemed conclusively given on the day it was received
by personal delivery, at the beginning of business on the third Business
Day after it was mailed by registered mail or on the day sent by fax if sent
on or before 4:30
p.m. on a Business Day of the receiving party and on the next Business
Day of the receiving party if sent by fax after 4:30 p.m.
2.10
Independent Legal Advice
The Current Owner hereby acknowledges and agrees that the City has
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provided him/her/it with a reasonable opportunity to seek independent
legal advice with respect to this Agreement and has encouraged
him/her/it to do so. The Current Owner hereby acknowledges and
agrees that he/she/it either has sought said advice or has declined to do
so.
INSERT NAME OF CURRENT OWNER
WITNESS
Signature of Current Owner
Signature of Witness
Name (please print)
Name of Witness (please print)
Title (please print)
Address of Witness (please print)
Date
Date
Signature of Current Owner
Signature of Witness
Name (please print)
Name of Witness (please print)
Title (please print)
Address of Witness (please print)
Date
I/We have the authority to bind the
Current Owner
Date
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