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THE CORPORATION OF THE TOWN OF KEARNEY
BY- LAW NO. 2015 — 42
Being a By-law to Prohibit the Unauthorized Disposal of Waste and
to Regulate Waste Disposition at Authorized Sites
within the Municipality
WHEREAS the Municipal Act, 2001, as amended, authorizes a Municipality to provide
for a waste management system and to regulate or prohibit the disposal of waste
material in any undefined area or throughout the municipality;
AND WHEREAS it is in the interest of society as a whole and of the Town of Kearney,
its ratepayers in particular, that the amount of waste material generated by private
citizens and businesses be reduced;
AND WHEREAS wherever possible, such waste materials generated be re-used or
recycled so that the environment be protected from contamination by hazardous
substances;
AND WHEREAS recycling efforts shall extend the lifetime of existing and future Waste
Disposal Sites.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
KEARNEY ENACTS AS FOLLOWS:
1. TITLE
This By-Law may be cited as the "Comprehensive Waste Management By-
Law”.
2. APPLICATION
Unless otherwise expressly stated in specific sections hereof, this By-law shall
apply to the whole area of the geographic Town of Kearney, in the District of
Parry Sound, Province of Ontario.
3. DEFINITIONS
3.1 COUNCIL means the Council of the Corporation of the Town of Kearney.
3.2 ELECTRONIC WASTE/ E-WASTE means materials designated by the
current Ontario Electronic Stewardship guidelines.
3.3. MUNICIPAL RECYCLING CENTRE (MRC) means the real property
owned by the Town of Kearney, for which a license has been issued by
the Ontario Ministry of the Environment for the operation of a Transfer
Station and Recycling Centre.
3.4 OCCUPANT means any person or persons over the age of eighteen
(18) years who is a tenant or lessee, who has changed his or her mailing
address and with occupancy of six (6) months or more, or otherwise in
lawful possession of a parcel of real property capable of being legally
described in a deed or transfer document who shall constitute the
occupant or occupants of that real property.
3.5 OPERATING AUTHORITY means the Corporation of the Town of
Kearney. The Town may appoint such employees, contractors, or
volunteers to enforce the Rules and Regulations
3.6 Outdoor E-Waste Storage Receptacle means a container in which
Electronic Waste is stored outdoors.
3.7 OWNER means any of:
3.7.1 a person who is shown as one of the registered owners of real
property in the records of the Land Registry or Land Title Office;
or
3.7.2 a person who is shown as the assessed owner of real property
on @ current assessment roll for the Town;
or
3.7.3 a person for the time being, managing or receiving the rent of the
land or premises, whether on his own account or as an agent or
trustee for any other person.
3.8 PERSON means a natural person or corporation and includes:
3.8.1 every general partner in a firm, partnership or joint venture:
3.8.2 the employee of any person who does something at the direction
of his employer;
3.9
3.10
3.12
3.13
3.14
3.15
3.8.3 the parent or guardian of any person under the age of eighteen
(18) years who resides in the parent or guardian's household and
does something at the direction of the parent or guardian.
PROHIBITED SUBSTANCES AND MATERIALS means anything which
is not permitted to be disposed of at the Transfer Station and includes
each and every item of the substances and materials listed in Schedule
‘C’ annexed to and forming part of this By-law, and in addition thereto,
any substance or material which the Operating Authority or its
employees have refused to accept for disposal or recycling when it has
been inspected by them at the Transfer Station.
RECYCLABLE MATERIALS means any discarded household item that
is eligible for the recycling program of the Corporation of the Town of
Kearney, as posted at the Kearney Township Transfer Stations and as
set out in Schedule 'B' of this By-law.
REFUSE/GARBAGE means any discarded household food waste or
any other unwanted or useless household material and is set out in
Schedule 'D' of this By-law.
RULES AND REGULATIONS means the rules and regulations for the
use and operation of the Transfer Station set out in Schedule 'A’
annexed to and forming part of this By-law.
TOWN means the Corporation of the Town of Kearney.
TS means the Municipal Transfer Station designated by the Town in this
By-law, located on Part Lot 18 Concession 1 Proudfoot and on Part Lot
1, Concession 10, Bethune Township, both in the Town of Kearney.
OPERATION
4.1
4.2
4.3
4.4
4.5
4.6
The Town shall operate a Municipal Recycling Centre (MRC) and
Transfer Stations (TS) on designated property owned by the Town. The
use of the MRC for the disposal of refuse is a privilege and not a right
which will normally be extended to all residents and ratepayers in the
Town and such persons from whom the Town may, by contract, agree to
accept refuse.
The Joint Landfill Site shall be operated by means of an agreement
between the Corporation of the Township of Perry and the Corporation
of the Town of Kearney and managed by the Joint Waste Management
Committee, as appointed by the above, respective Councils.
The Rules and Regulations as set out in Schedule ‘A’ shall prescribe
fees for the disposal of refuse of defined classes of refuse.
The Council of the Corporation of the Town Of Kearney shall appoint
such employees, contractors or designated volunteers to enforce the
Rules and Regulations at the Transfer Station as it deems necessary.
The Council of the Corporation of the Town Of Kearney shall utilize a
Transfer Station Pass that has not been terminated pursuant to
paragraph 4.6 below. The Transfer Station Pass may only be used by
the person to whom it is issued or an employee, spouse or member of
the household of such person acting with the knowledge or consent of
such person. The person to whom the Transfer Station Pass is issued
may be held responsible for misuse of the Transfer Station Pass, its use
by an unauthorized person, or any violation of the Rules and
Regulations by any person using the Transfer Station Pass. The person
to whom a Transfer Station Pass is issued, is responsible for reporting
its loss or theft and shall be responsible for the cost of replacement.
The Council, or its designate, may suspend, terminate or restrict the
privilege of using the Transfer Station and cancel the Transfer Station
Pass of any person who misuses or allows the misuse of a Transfer
Station Pass or violates any of the Rules and Regulations, PROVIDED
THAT such suspension, restriction or termination is in accordance with
the procedure set out below:
4.6.1 An employee, contractor or designated volunteer of the
Operating Authority may temporarily suspend the privileges of a
Transfer Station Pass holder if, upon investigation of a person
tendering refuse for disposal at the MRS or inspection of the said
refuse, he reasonably believes a Transfer Station Pass is being
used by an unauthorized person or the Rules and Regulations
4.7
4.8
are being violated and the person refuses to correct the violation
when requested to do so. No such temporary suspension shall
be for a period of more than seven (7) days and every person so
suspended may appeal to the Operating Authority.
4.6.2 If the Operating Authority forms the opinion that the Transfer
Station Pass holder has: allowed unauthorized persons to use
his Transfer Station Pass; seriously and deliberately violated the
Rules and Regulations; established a pattern of violating the
Rules and Regulations; and/or permitted someone using his
Transfer Station Pass to do any of the above, then the Operating
Authority may restrict or terminate the privilege of such person to
use the Transfer Station Pass and revoke his Transfer Station
Pass.
4.6.3 Every decision of the Operating Authority to terminate or restrict
the right of someone to whom a Transfer Station Pass has been
issued, shall be set down in writing and delivered or mailed to the
person at his address shown on the Assessment Roll for the
Town or his/her last known address. Such written notice shall
contain the following:
4.6.3.1 a brief description of the alleged violation including the
approximate date thereof;
4.6.3.2 the date on which the termination or the restrictions come
into effect;
4.6.3.3 where applicable, the details of the restrictions imposed;
4.6.3.4 the fact that this decision of the Operating Authority may
be appealed in person or in writing to the Council.
If the Operating Authority forms the opinion mentioned in 4.6.2 above
and elects to restrict rather than terminate the privileges of a Transfer
Station Pass holder, or on appeal of a termination the Council so
decides, any or all of the following conditions or restrictions may be
imposed:
4.7.1 arequirement that refuse be brought to the TS at specified times
on specified days;
4.7.2 arequirement that the person submit to a detailed inspection of
refuse tendered;
4.7.3 arequirement that the person pay a special fee, in addition to
any other fee normally imposed, equal to a genuine pre-estimate
of the actual cost of any detailed inspections or sorting by
employees of the refuse.
Refuse/garbage and recyclable materials will be collected on a weekly
basis for all properties with role numbers beginning with 4918 010 001 ...
5. PROHIBITIONS
No Person Shall:
5.1
5.2
5.3
5.4
5.5
5.6
Dump or dispose of any refuse on a Highway as defined in the Municipal
Act, including both the travelled and untravelled portions thereof;
Dump or dispose of any refuse on any land owned by the Town or Her
Majesty the Queen in right of either Canada or Ontario, except the TS or
other site designated by Council from time to time for this purpose;
Dump or dispose of any refuse on any private land within the Town
unless the land is described in a license to operate a ‘Waste Disposal
Site’, issued by the Ontario Ministry of the Environment which was in
existence on the date this By-law comes into force, provided that this
subparagraph shail not prohibit the temporary storage of refuse pending
other disposal or the composting of organic material, all of which refuse
or organic material originated on the parcel of land where it is stored.
No person shall store or compost refuse in a manner which permits the
escape of noxious or unpleasant odours onto the property of any other
person, however this subparagraph does not apply to a farmer's manure
pile or the spreading of manure on fields or gardens.
No person shall carry or transport refuse which originated outside the
Town, into the Town for dumping or disposal in the Town, except under
a contract approved by the Council.
No person who is not either the holder of a Transfer Station Pass or an
employee, agent or member of the household of a person who holds a
Transfer Station Pass and who is acting with the knowledge and
consent of such holder, shall dispose of refuse at the TS.
5.7 No person shall deposit or dispose of refuse at or near the gates when
the TS or the joint Landfill Site is closed.
5.8 No person shall dispose of Prohibited Substances or materials at the
TS.
5.9 Hazardous Waste days will be scheduled a minimum of once annually
for the collection of certain Prohibited Substances or Materials.
5.10 No person shall dispose of Recyclable Materials except by tendering
them at the TS or other designated site properly sorted and bundled as
required by the Rules and Regulations.
5.11 No person shall bring Recyclable Materials or Prohibited Substances or
materials to the TS or other designated site concealed or packaged in
such a way as to make them appear to be items, substances or
materials which are not recyclable materials or prohibited substances
6. OFFENSE AND PUNISHMENT
Any person who:
6.1 does any act prohibited by Section 5; or
6.2 permits the performance of any act which is prohibited by Section 5 on
real property of which he is the owner or occupier; or
6.3 being the employer, parent or guardian of another person, directs his
employee or a person under the age of eighteen (18) years who resides
in his household to do any act prohibited by Section 5;
is guilty of an offense and is punishable upon conviction under the Provincial
Offenses Act by a fine of not more than Five Thousand ($5,000.00) Dollars.
7. REPEAL CLAUSE
By-law No. 2014-12 of the Corporation of the Town of Kearney is hereby
repealed, effective immediately.
8. DATE AND EFFECT
This By-law shail come into force and effect on January 1°, 2016.
READ A FIRST, SECOND AND THIRD TIME, passed, signed and the Corporate Seal
attached hereto, this 18" day of September, 2015.
THE CORP! ION OF THE
TOWN OF KEARNE
7 Lance Thrale, Mayor
oN
Brenda J. Fraser, Clerk Administrator
SCHEDULE ‘A’
TO BY-LAW NO. 2015 - 42
RULES AND REGULATIONS
1.
No person shall carry or transport any materials from the following categories,
which originated outside of the Town, into the Municipal Recycling Centre for
dumping, disposal or recycling purposes:
1.1 recyclable materials (as listed on Schedule 'B', each of which is a
separate category)
1.2 metals
1.3. burnable items
1.4 building debris including building debris to be burned
1.5 household or commercial garbage, recycling or refuse of any other type
1.6 electronic waste (as listed in Schedule 'E')
Users will separate, sort and place each type of garbage, recycling or refuse in
particular areas as directed by site attendants or signs.
No user will set fire to any material.
Tipping Fees will be assessed as published in the By -law to Establish Fees or
Charges for services or activities provided or done by the Corporation of the
Town of Kearney.
4.1 The payment of fees does not relieve the user of the requirement to sort.
4.2 The payment of Tip-age Fees shall be done at the time of dumping, unless
prior arrangements are made.
4.3 Attendant will set fees for over and undersized loads
Garbage Bag Limit
5.1 Each household will be allowed a maximum of five (5) bags per month.
5.2 Additional bags will be assessed as published in the By -law to Establish
Fees or Charges for services or activities provided or done by the
Corporation of the Town of Kearney.
5.3 There will be no carry over of bag limit from one month to the next month.
5.4 A garbage bag for the purpose of this By-law shall not exceed 79
centimeters (31 inches) x 107 centimeter (42 inches) in size and thirty (30
Ibs) in weight.
5.5 Garbage Bags shall be clear — no colour.
SCHEDULE ‘B’
TO BY-LAW NO. 2015 - 42
RECYCLABLE MATERIALS
Fibres — Paper Products
Catalogues, Magazines
Newspapers, Flyers/Inserts
Telephone Books
Corrugated Cardboard Boxes - broken down
Boxboard (cereal, soap, tissue, etc)
Fibre Egg Cartons
Mixed Household Paper
Brown Paper Bags
Office (fine) paper
Wax Coated Milk and Juice Cartons
Containers - Metals, Plastics, Glass, Styrofoam Products
Glass (clear and coloured)
Steel/Tin/Aluminum Food/Drink Cans
Aluminum Trays and Foil
Polystyrene (Styrofoam) trays / containers
Rigid plastic containers (HDPE)
Plastic soft drink bottles (PET)
Plastic bags / film wrap
Tires with Rims Removed
Steel parts of motor vehicles
Oil Containers
SCHEDULE ‘C’
TO BY-LAW NO. 2015 - 42
PROHIBITED SUBSTANCES AND MATERIALS
REFU
Hazardous or toxic substances, materials or chemicals
Products containing mercury
Paint and stain
Propane cylinders
Railroad ties
products containing asbestos
Condemned or dead animais or animal carcasses or part thereof
Human pathological waste
Human excrement or urine
Livestock excrement or urine
The former contents of any septic tank or holding tank
Explosives or highly flammable materials, substances or chemicals
Rocks, logs or stumps
Waste oil or other petroleum products
Motor vehicles
SCHEDULE ‘D’
TO BY-LAW NO. 2015 - 42
SE
Any non-toxic liquid, substance or material which was purchased, otherwise
acquired, made, constructed or combined for use on any land or in any
residence or business enterprise, or
any non-toxic by-product or excess liquid, substance or material produced as a
result of the creation of anything mentioned in the previous, or
any natural plant material or substance, whether cultivated or not, which has
been removed from the place where it originally grew, and without limiting the
generality of the foregoing, also includes - new brick or used building or
construction materials except brick, stone or concrete when used as fill material
with the permission of the owner of land where they are deposited
animal or vegetable or other waste resulting from the handling, preparation,
cooking and consumption of food or drink
household animal fecal material except when used as manure
soiled diapers in normal household quantity
Non- burnable Construction Debris
All refuse is to be transported and delivered in a colourless, transparent
Plastic Bag that does not exceed 79 centimeters (31 inches) x 107
centimeters (42 inches) in size and thirtly (30 Ibs) pounds in weight.