By-law No. 181-2008 - A By-law to Establish, Regulate and Maintain a Solid Waste and Recycle Material Management System (cited as the 'Waste and Recycle Management By-law')
Kenora, Ontario
· adopted 2008-12-15
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THE CORPORATION OF THE CITY OF KENORA
BY-LAW NUMBER 181-2008
A BY-LAW TO ESTABLISH, REGULATE AND MAINTAIN
A SOLID WASTE AND RECYCLE MATERIAL MANAGEMENT SYSTEM
______________________________________________________________________
WHEREAS Section 208.2 of The Municipal Act R.S.O 1990 c.M.45, as amended, provides that a
local municipality may pass by-laws to establish, maintain and operate a waste management system; and
WHEREAS Section 208.6, Subsection (1) of The Municipal Act R.S.O. 1990, c.M.45 as
amended, provides that a local municipality may pass by-laws to prohibit or regulate the use of any part of
a waste management system; and;
WHEREAS Section 314, Subsection (1) 5 of the Municipal Act R.S.O. 1990, c.M.45 as amended,
provides that councils may pass by-laws prohibiting the throwing, placing or depositing of dirt, filth, glass,
handbills, paper or other rubbish or refuse or the carcass of any animal, on any highway within the City;
and;
WHEREAS Section 210 (82) of The Municipal Act R.S.O. 1990, c.M.45 as amended, provides for
prohibiting the throwing, placing or depositing of refuse or debris on private property or on property of the
City or any local board thereof without the authority of the owner or occupant of such property; and
WHEREAS Section 320 of The Municipal Act R.S.O. 1990, c.M.45 as amended, empowers
Council to pass certain by-laws creating offences for the contravention of by-laws passed under The
Municipal Act; and
WHEREAS the Council of The Corporation of the City of Kenora deems it necessary and
expedient that regulations be made for establishing and maintaining a system for collection, removal and
disposal of waste, set out provisions for rates for the aforementioned service and for creating offences for
any contravention to the By -law;
NOW THEREFORE The Corporation of the City of Kenora hereby enacts as follows:
1.0 SHORT TITLE
1. This By-law may be cited as the "Waste and Recycle Management By-law".
2.0 DEFINITIONS AND WORD USAGE
For the purposes of this By-law:
a.
"Act" shall mean The Municipal Act, 1990, including amendments thereto.
b.
"Apartment Building" shall mean multi-residential dwelling premise: A premise which
contains four or more individual dwelling units which are self-contained.
c.
"Ashes" shall mean the solid residue of any household fuel remaining after burning,
including but not limited to ashes, soot, and other chimney deposits.
d.
"Attendant" shall mean the person appointed, from time to time, to carry out the duties of
Transfer Facility Attendant.
e.
"Bag Tag" shall mean an adhesive coloured tag bearing the words Kenora Garbage Bag
Tag.
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f.
"Commercial" shall mean a use of land or premises permitted in a C1, C2, C3, or C4
zone pursuant to the Town of Kenora zoning by-law 50/91, or such Zoning Bylaw for the
City of Kenora, as maybe in affect from time to time.
g.
"Construction/Demolition Material" shall mean discarded building material, concrete,
stones, earth from excavations or grading and all other refuse matter resulting from the
erection, repair, demolition of buildings, structures or other improvements to property.
h.
"Contaminated Soil" shall mean soil, which has been exposed to, contains, is saturated
with or is in any other way polluted with a foreign element that the Ministry of the
Environment has directed to be disposed of in a sanitary landfill site.
i.
"City" shall mean the City of Kenora being the former town's of Kenora, Keewatin and
Jaffray Melick.
j.
"Council" shall mean the Council of The Corporation of the City of Kenora.
k.
"Domestic Waste" shall mean and include all rejected, abandoned or discarded
garbage, refuse, or litter, void of recycle material, thrown out by any household or
generated from a residential property or dwelling, all animal, mineral and vegetable
matter abandoned, discarded or thrown out by any householder or generated from a
residential property or dwelling, but shall not include any non-collectable waste.
l.
"Domestic Waste Collector" shall mean and include:
i.
any person employed for the purpose of collection and disposal of domestic waste,
rubbish and other refuse.
ii.
a contractor, including the employees, employed by the City for the collection and
disposal of domestic waste, rubbish and other refuse.
m.
"Dwelling" shall mean a building, or part of a building used as a place of abode, but shall
not include any apartment building, motel, or institutional building.
n.
"Health Officer" shall mean the District Medical Officer of Health or any public health
inspector authorized to act on his behalf.
o.
"Householder" shall mean the registered owner of a dwelling and includes a lessee,
occupant, tenant, mortgagee in possession or other person in charge of the dwelling.
p.
"Industrial" shall mean a use of land or premises permitted in a M1 or M2 zone pursuant
to the Town of Kenora Zoning By-law 50/91, or such Zoning Bylaw for the City of Kenora,
as maybe in affect from time to time.
q.
"Institutional" shall mean a use of land or premises permitted in a M5 zone pursuant to
the Town of Kenora Zoning By-law 50/91, or such Zoning Bylaw for the City of Kenora,
as maybe in affect from time to time.
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r.
"Trade Waste" shall mean any abandoned, condemned or rejected product or by-product
or the waste from any product or by-product used by a manufacturer, builder, contractor,
or other commercial enterprise in the operation of his/her business or trade, and scrap
metal and motor vehicle parts from garages, services stations, automotive wrecking yard
and scrap metal dealers.
s.
"Non-Collectable Waste" shall include the following:
1) Trade waste.
2) Celluloid cuttings, oil soaked rags, and any explosive or highly combustible material
of any nature whatsoever.
3) Broke plaster, lumber or other waste or residue resulting from construction
alterations, repairs, demolition or removal of any building or structure.
4) Sawdust and/or shavings from a commercial and/or industrial establishment.
5) Organic matter not properly drained or wrapped.
6) Liquid wastes
7) Hay, straw and manure.
8) Human and animal bodily waste (Diapers are acceptable).
9) Raw carcass of any animal, bird or fish
10) Bandages, sharps, dressings, and other such waste from hospitals, nursing homes,
clinics, etc.
11) Any material, which has become frozen to the container and cannot be removed by
shaking.
12) Any organic or other like compostable material from yards or gardens such as plants,
leaves, grass clippings, and small bushes.
13) Trimmings from hedges, trees and shrubs.
14) Recyclable materials, namely, any materials for which a system has been established
to collect and recycle the materials such as tin and aluminium cans, newspapers,
magazines, flyers, white paper, box board, certain plastic containers, old corrugated
cardboard (OCC), commercial cooking oil, and hazardous materials.
15) Glass bottles and jars.
16) Discarded furniture, household items and appliances.
17) Smoke Detectors/Alarms.
18) Asbestos.
t.
"Other Approved Material" shall mean all other material not within the definition of
"domestic waster" which has been approved by the Solid Waste Supervisor as being
material which does not form a health hazard or have a deleterious effect on the
operation of the Landfill Site or the Transfer Facility.
u.
"Pick-up Point" shall mean that place, area or point from which domestic and recycling
waste will be collected by the waste collector.
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v.
"Receptacles"
1) Solid Waste: shall mean a 1-1/2 mil plastic or greater, garbage bag of not more than
46 litres, filled to a gross weight of not more than 11.36 kilograms (25 pounds),
and securely tied in such a way as to allow a Waste Collector to carry it in one hand.
2) Recyclable: Residential Blue Box, Commercial Blue Box and Roll-out Container.
w.
"Street" shall mean a public highway, road, street, lane, alley, square, place or
thoroughfare within the City of Kenora.
x.
"Unsanitary Condition" shall mean any nuisance or any condition, matter, accumulation
of things, which, in the opinion of the Health Officer may be injurious in his/her opinion to
health or may result in the creation of a nuisance.
y.
"Waste" shall mean waste of any kind, including domestic waste, non-collectable waste,
and commercial, institutional or industrial waste, residential blue box, commercial blue
box and roll-out recycle containers.
3.0 GENERAL PROHIBITIONS
3.1
No person shall sweep, throw, cast, lay or deposit, or direct, suffer or permit any servant,
agent or employee to sweep, throw, cast, lay or deposit any ashes, domestic waste,
dirt, stones, rubbish or waste of any kind whatsoever in or upon any street or roadway
within the City of Kenora.
3.2
No person shall obstruct any highway, street, lane, alley or public place by placing or
leaving thereon any domestic waste container, domestic waste or non-collectible waste.
3.3
No person shall pick over, disturb, remove or scatter any waste placed for collection or
disposal by a householder, whether the same is contained in a receptacle or not, and
whether such waste is collectable or not.
3.4
No person shall deposit or cause to be deposited any waste, on private property or
property of the City or any local board thereof without the express permission of the
person in control of the property.
3.5
No person shall dispose of refrigerated appliance not bearing a certificate stating that the
chlorofluorocarbons (CFC's) have been removed by a licensed person.
3.6
Notwithstanding anything herein contained, no person shall place for collection any
material, substance or object which is toxic, hazardous, flammable or explosive or is
likely to be injurious to the health or safety of any person, including any asbestos
material.
4.0 ABATEMENT OF UNSANITARY CONDITIONS
4.1
The owner or occupier of any grounds, yards, vacant lots or real estate shall cause the
same to be drained and kept free of domestic waste, rubbish, refuse, debris, waste or
like material.
4.2
No person, firm or corporation shall create or maintain an unsanitary condition or permit
the existence of an unsanitary condition upon a premises, or upon the streets, lanes, and
private lands in the rear, of or adjoining a premises, or in any place or in any manner
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within his/her control or management.
4.3
Where the Health Officer becomes aware of the existence of any unsanitary conditions,
said Officer may serve written notice to abate the unsanitary conditions on the person(s)
responsible. Failing such abatement within the time stipulated in the said notice, the
Health Officer may cause the abatement or removal of said unsanitary conditions at the
expense of the person(s) responsible.
5.0 DOMESTIC WASTE COLLECTOR
5.1
That a contract or contracts may be made from time to time with some person or
persons, firm or corporation for the collection, transportation, and disposal of all domestic
waste and rubbish from within the City of Kenora. Upon such terms and conditions as
determined by the Council and that the Mayor and CAO/CLERK be and are hereby
authorized to execute such contract or contracts on behalf of the City and to affix the
Corporation's seal thereto.
6.0 COLLECTION
6.1
Domestic and recycle waste placed for collection shall be drained of all liquid matter
before being placed in a garbage bag or blue box.
6.2
Waste that will not readily fit into the specified receptacle will be collected provided it is
cut or folded into pieces not more than one metre in length and securely tied in bundles,
the weight of which shall not exceed 11.36 kilograms (25 pounds) in weight, and of such
shape and so tied that the collector can carry such bundle in one hand.
6.3
Council shall approve a collection schedule for the collection of domestic and recycle
waste from premises within the City of Kenora in any defined area or areas thereof.
6.4
Every householder shall place all domestic and recycle waste at the pick-up point on the
day designated for collection no later than 8:00 a.m.
6.5
Except as otherwise provided, all domestic and recycle waste placed for collection may
be placed in receptacles herein described as residential or commercial.
6.6
Every householder shall remove all waste that was not collected and any waste
receptacles from any pick-up point or street no later than 6:00 p.m. on the day following
the day designated for collection.
6.7
The Solid Waste Supervisor shall be responsible to designate pick-up points for all
dwellings, on or near the street line as may best facilitate collection.
6.8
In no event shall an employee of the City or an employee of a contractor engaged by the
City to collect and dispose of domestic waste enter any dwelling, hotel, apartment,
building, tenement or building or ascend any stairway or enter an elevator, hoist or lift for
the purpose of carrying out or returning thereto any receptacle except to a shed or room
specifically designed, constructed and designated for storage of domestic waste at an
apartment building.
6.9
Trade waste and construction/demolition materials and other non-collectable waste shall
not be collected by the City but shall be removed and disposed of by the owner or
person responsible therefore in such manner as approved by the Solid Waste Supervisor
and all costs, charges and expenses incurred or necessitated in disposing of same in
accordance with such agreement be borne by the owner or person responsible.
6.10
Where any expense is incurred by the City in arranging for the disposal of any
manufacturers or trade waste or construction/demolition material and other non-
collectable waste for which a manufacturer, builder, contractor, or other person is
responsible, such person shall forthwith pay to the City the amount of the expense so
incurred.
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6.11
No person shall convey through the streets any domestic waste, ashes, rubbish, or other
refuse or any swill, liquid waste or offensive matter, except in properly constructed and
covered containers or in a vehicle equipped with canvas covers or a tarpaulin shall be
placed and fastened in such a manner as to prevent such matter from falling onto the
streets.
6.12
Industrial, Commercial and Institutional (ICI) establishments shall keep their premises
free of accumulated waste, rubbish and other refuse. Curbside collection service shall be
provided to ICI customers whose waste is placed in a prominent location or in an
approved receptacle and having a City of Kenora bag tag properly affixed around the
neck of the bag. All other ICI establishments shall make such arrangements at their own
expense for the collection and removal of waste.
6.13
Domestic waste placed at the pick-up point shall have a bag tag affixed around the neck
of the bag and placed in a prominent location or in an approved receptacle.
6.14
Any bags placed at the pick-up point not having a bag tag shall not be collected by the
Waste Collector.
6.15
For a multi-residential dwelling premise, recyclable materials must be collected in
commercial use, 90 gallon recycling barrels which must be compatible with the City of
Kenora's collection vehicles. These barrels must be placed in the designated collection
area as approved by the city. The designated collection point and access route MUST be
clear of vehicles, snow, ice and other possible obstructions that may impede the
collection of waste / recyclable materials. There shall be no requirement for the collection
crew to return to the premise until the next scheduled pick up day if access is
unattainable or bins are not out. The fee for collection of recycle materials from multi-
residential dwelling premise shall be in accordance with Schedule "D" of the Tariff of
Fees By-Law.
7.0 BAG TAGS
7.1
Bag tags shall be available for sale at a price to be determined by Council from time to
time and sold through retail outlets as determined from time to time, as well as
City Hall and the Kenora Area Solid Waste Transfer Facility.
7.2
The monies collected from the sale of bag tags shall be used by the City to assist in
maintaining the Solid Waste Management System and shall be structured to offset the
costs incurred by the City to perform domestic waste curbside collection services.
8.0
SOLID WASTE TRANSFER FACILITY
Off Loading:
a.
The Transfer Facility Attendant shall have the sole right to determine whether
material is acceptable. Only material which in the sole judgement of the Transfer
Facility Attendant is acceptable shall be off-loaded. Such materials shall be off-
loaded and source separated as indicated by the instructions or signs or by verbal
instruction by the Transfer Facility Attendant on duty.
b.
Verbal instructions by the Transfer Facility Attendant on duty shall have precedence over
instructions on signs.
c.
Materials rejected by the Transfer Facility Attendant shall be disposed of as he/she
directs or removed from the facility, at the owner's expense.
d.
Large loads requiring off loading by hand will not be accepted within 10 minutes of
closing time.
e.
Recyclable material delivered to the Transfer Station must be placed in proper drop
off areas.
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8.2
Prohibitions:
a.
No person shall dispose of material containing loose asbestos fibre.
b.
No person shall dispose of refrigerated appliance not bearing a certificate that a
licensed person has removed the chlorofluorocarbons.
c.
Cardboard (OCC) and paper quantities greater than 0.25 cubic yards shall be
disposed of at the OCC Transfer Facility building.
d.
Commercial recycling containers (roll-out containers) delivered to the Transfer
Station will be subject to a charge according to the General Tariff of Fees and Charges
for the City of Kenora.
8.3
Hours of Operation:
The Solid Waste Transfer Facility will be in operation year round:
Monday - Friday inclusive
from 8:00 a.m. to 5:30 p.m.
Saturday
from 9:00 a.m. to 4:30 p.m.
Sunday
from 12:00 noon to 4:00 p.m.
Closed Statutory and Civic Holidays
8.4
Transfer Facility Fees: (plus applicable taxes)
The fees collected shall be used by the City to assist in maintaining the Solid Waste
Management system and shall be structured to off-set the costs incurred by the City to
operate the Transfer Facility.
Fees plus applicable taxes, shall be based on scaled weight measurement as determined
by Council from time to time.
In the event the weigh scales are inoperative for any reason, fees including applicable
taxes, shall be based on volume as determined by Council from time to time.
The Transfer Facility Attendant shall have the authority to pro-rate part loads or
intermediate size vehicles.
9.0
PENALTY
Any Person violating any of the provisions of this By-law is guilty of an offence and upon conviction shall
be subject to a penalty as provided for under The Provincial Offences Act.
10.0
ILLEGAL DUMPING
The City will invoice any person, business, industry or institution disposing of solid waste, rubbish, or
debris illegally on property belonging to another person or corporation without the express written
permission of that person or corporation for the cost of the clean up and will be subject to a minimum fee
of $75.00.
11.0
BY-LAW REPEALED
The following By-law is hereby repealed: By-Law Number 145-2000 as amended.
12.0
EFFECTIVE DATE
That this By-law shall come into full force and effect on December 15, 2008.
That the Mayor and Clerk be hereby authorized to execute all documents related to this By-law on behalf
of The Corporation of the City of Kenora.
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BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF DECEMBER, 2008.
BY-LAW READ A THIRD AND FINAL TIME THIS 15TH DAY OF DECEMBER, 2008.
THE CORPORATION OF THE CITY OF KENORA:
Per:______________________________ Leonard P. Compton, MAYOR
Per:______________________________Joanne McMillin, CITY CLERK