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THE COUNTY OF DUFFERIN
WASTE COLLECTION BY-LAW 2012-36
Consolidated Version
Amended by:
By-law 2014-14, March 13, 2014
Amends:
Schedule "A" - to amend the allowable number of garbage bags set out for
collection, per household.
By-law 2013-53, December 12, 2013
Amends:
Section 1(1) (ll) - definition of "Privacy Bag"
Schedule "A" - to amend the allowable number of privacy bags
Schedule "D" - to amend acceptable recycling
CORPORATION OF THE COUNTY OF DUFFERIN
BY-LAW NUMBER 2012-36
A BY-LAW TO PROVIDE FOR THE COLLECTION OF WASTE WITHIN THE COUNTY
OF DUFFERIN.
WHEREAS County of Dufferin By-law 2010-29 empowers the County of Dufferin to
assume authority for the establishment, operation and delivery of waste collection and
treatment programs and services for the County and all its constituent lower-tier
municipalities;
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to provide any service that the municipality considers necessary
or desirable for the public;
AND WHEREAS the County considers the management and collection of waste as being
necessary or desirable for the public;
AND WHEREAS paragraph 11(2) 7 of the Municipal Act, 2001 authorizes a municipality
to pass by-laws respecting services that the municipality is authorized to provide under
subsection 11(1);
AND WHEREAS clauses 8(3)(a) and (b) of the Municipal Act, 2001 provide that a by-law
under section 11 respecting a matter may regulate or prohibit respecting the matter and
may require persons to do things respecting the matter;
AND WHEREAS Council has determined that waste which is in such a condition that it
can be blown in the wind, allows odour to escape, is likely to attract animals, including,
but not limited to, insects or birds, or presents a health, safety or fire risk, is, or could
become or cause a public nuisance;
AND WHEREAS subsection 446(1) of the Municipal Act, 2001 provides that if a
municipality has the authority under a by-law to direct or require a person to do a matter
or thing, the municipality may also provide that, in default of it being done by the person
directed or required to do it, the matter or thing shall be done at the person's expense;
AND WHEREAS Council acknowledges the authority of the lower-tier municipalities to
enact by-laws, pursuant to section 127 of the Municipal Act, 2001, dealing with
enforcement for littering and property standards and Council respects this authority.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE COUNTY OF DUFFERIN AS FOLLOWS:
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of By-Law Number 2012-36
UINTERPRETATION
1.
(1)
For the purposes of this By-law, the following terms shall have the
corresponding meanings:
(a)
"Automated Collection Method" means the collection of Waste by
means of the mechanical lifting and tipping of Carts into specially
designed collection vehicles, used at a Multi-Residential Property
or an IC&I Property;
(b)
"Bag Tag" means the County issued tag that shall be clearly affixed
to the exterior of a bag or other acceptable container containing
household Garbage that has been set out for collection, as per
Schedule F;
(c)
"Bulky Item" means a large or heavy article such as a sofa, chair,
table, mattress, and the like;
(d)
"By-law" means this By-law including any Schedules forming part
of it, together with any amendments to this By-law or its Schedules;
(e)
"Cart" means a Waste Container, approved by the Director of
Public Works, designated for the Automated Collection Method for
a Multi-Residential Property or an IC&I Property;
(f)
"Certified Compostable Bag" means:
(i)
a bag or liner certified as compostable and displaying the
Biodegradable Product Institute logo on the packaging
containing the bag or liner;
(ii)
a paper bag; or
(iii)
another acceptable certified compostable bag or liner as may
be approved by the Director of Public Works;
(g)
"Collection Day" means the day on which your Waste has been
scheduled to be collected, as determined by the Director of Public
Works, and subject to change;
(h)
"Collection Point" means that part of a property which has been
designated by the Director of Public Works for the setting out and
collection of Waste;
(i)
"Container" means a container that can contain Waste, and
includes a Cart, bin, a Reusable Container and a Single-Use
Container;
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of By-Law Number 2012-36
(j)
"Council" means the council of the County of Dufferin;
(k)
"County" means The Corporation of the County of Dufferin;
(l)
"County Waste Collection Service" means collection of Waste by
or on behalf of the County;
(m)
"County Waste Collection Service Agreement" means an
agreement between a Waste Generator or Property Owner and the
County;
(n)
"County Waste Collector" means a Person who, on behalf of the
County, collects, removes, transports or disposes of Waste;
(o)
"Director of Public Works" means the Director of Public Works of
the County or his or her designate;
(p)
"Downtown Collection Area" means an area in the downtown core
of a lower-tier municipality within the County;
(q)
"Dwelling Unit" means any building or structure, or any part of a
building or structure consisting of a room or suite of rooms, that is
used, or designed or intended to be used, for residential living
purposes;
(r)
"Electronic Waste" means materials regulated under Ontario
Regulation 393/04, and includes laptop and desktop computers,
monitors, cables and all related peripherals, audio or video
systems, televisions, fax machines, printers, scanners, cell phones,
tablets, and the like, and does not include White Goods;
(s)
"Garbage" means Waste, other than Organics, Recyclables and
Special Collection Waste, that is collectable pursuant to this By-law,
and includes, but is not limited to, the materials set out in Schedule
"A" to this By-law;
(t)
"Goods Exchange Event" means a day or event, designated by
the Director of Public Works, when Waste Generators occupying
Residential Properties may place usable unwanted materials at
Collection Points for removal by other members of the public;
(u)
"Green Bin" means a bin provided to Residential Properties by the
County for the purposes of collecting residential Organics;
(v)
"IC&I Property" means an industrial, commercial, and/or
institutional property, including, but not limited to, a retail shopping
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of By-Law Number 2012-36
establishment or complex, office building, restaurant, hotel, motel,
hospital, educational institution or manufacturing facility;
(w)
"Jute Bag" means a bag constructed of jute, or like material;
(x)
"Kraft Bag" means a large bag constructed of easily decomposable
paper;
(y)
"Manual Collection Method" means the collection of Waste by
means of the manual lifting of Waste and the manual lifting and
tipping of Waste containers and/or bags into collection vehicles;
(z)
"Municipal Hazardous or Special Waste" means municipal
hazardous or special waste as defined in Ontario Regulation 542
under the Waste Diversion Act, 2002, S.O. 2002, c. 6, and includes,
but is not limited to, a wet or dry cell battery, pressurized container,
aerosol container, propane container, portable fire extinguisher,
fertilizer, pesticide, oil filter, fluorescent light bulb or tube,
pharmaceutical, medical syringe, mercury switch or thermostat,
household cleaner or detergent, wax or polish;
(aa)
"Multi-Residential Property" means a property, including, but not
limited to, an apartment, row house, townhouse complex or
condominium property, which contains six (6) or more Dwelling
Units;
(bb)
"Non-Collectable Waste" means Waste other than Garbage,
Organics, Recyclables or Special Collection Waste, and includes,
but is not limited to, the materials set out in Schedule "B" to this By-
law;
(cc)
"Occupant" means any Person apparently in occupation of
property, or any portion thereof, or of a building or structure or any
portion thereof;
(dd)
"Officer" means a by-law enforcement officer appointed by the
County to enforce the provisions of this By-law, an officer of the
Ontario Provincial Police, and a police officer of one of the lower-
tier municipalities' police services;
(ee)
"Order" means an order or direction issued pursuant to this By-law;
(ff)
"Organics" means solid non-hazardous Waste derived from plants
or animals, including Waste consisting of compounds of carbon, all
readily biodegradable, and limited to the materials listed in
Schedule "C" to this By-law;
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of By-Law Number 2012-36
Amended by
By-law 2013-53 -
December 12, 2013
(gg)
"
" means a Cart for Organics, used in a Multi-
Residential Property or an IC&I Property;
(hh)
"Outdoor Waste Storage Receptacle" means a container in which
Waste is stored outdoors;
(ii)
"Paper Bag or Liner" means a bag or liner constructed of easily
decomposable paper;
(jj)
"Person" includes an individual, partnership or corporation;
(kk)
"Plastic Bag" means a transparent plastic bag;
(ll)
"Privacy Bag" means a non-transparent bag of Garbage, placed
inside a colourless, transparent Plastic Bag, set out for collection.
The Privacy Bag shall be of no greater size than 51 x 56
centimeters (20 x 22 inches) in any dimension.
(mm) "Private Waste Collection Service" means collection of Waste by
or on behalf of a Person other than the County;
(nn)
"Property Owner" means the registered owner of property,
including leased premises, and the owner's agent or property
manager, or any other Person having charge or control of the
property;
(oo)
"Recyclables" means Waste, other than Garbage, Organics,
Special Collection Waste or Non-Collectable Waste, capable of
being recycled, and including, but not limited to, the materials set
out in Schedule "D" to this By-law;
(pp)
"Recyclables Cart" means a Cart for Recyclables, used in a Multi-
Residential Property or an IC&I Property;
(qq)
"Refuse" means Waste which appears to have been abandoned;
(rr)
"Refuse Constituting a Public Nuisance" means any Refuse that
is in such a condition that it can be blown in the wind, allows odour
to escape, is likely to attract animals, pests or rodents, including
insects or birds, or presents a health, safety or fire risk;
(ss)
"Residential Property" means a property which contains 1 to 5
Dwelling Units;
(tt)
"Reusable Container" means a durable container, including a
County-Issued blue box or green bin (where applicable), capable of
being reused to contain Waste in the Manual Collection Method;
Organics Cart
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of By-Law Number 2012-36
(uu)
"Sharp Object" includes broken glass, a razor or other blade,
sewing needle, clinical glass, knife, scissors, straight razor, screw,
nail, axe, hatchet, lawn mower blade and the like;
(vv)
"Single-Use Container" means a Plastic Bag, Cord, Kraft Bag,
Paper Bag or Liner or Jute Bag capable of containing Waste and
intended to be disposed of along with the Waste it contains;
(ww) "Source Separation Program" means a program to facilitate the
separation of Garbage, Organics, Recyclables, Special Collection
Waste and Non-Collectable Waste at the source of generation;
(xx)
"Special Collection Waste" means Waste collected under a
program designated by the County for the Collection of Bulky Items,
White Goods, Yard Waste, or other Waste as designated by the
Director of Public Works;
(yy)
"Waste" includes Garbage, Organics, Recyclables, Special
Collection Waste and Non-Collectable Waste;
(zz)
"Waste Collection Method" means a specific Waste collection
method and includes the Automated Collection Method, the Manual
Collection Method and any other method or combination of
methods, as designated by the Director of Public Works;
(aaa) "Waste Generator" means any Person who generates Waste and
includes a Property Owner and an Occupant;
(bbb) "White Goods" means an item such as a refrigerator, freezer,
humidifier, air conditioner, stove, washer, dryer, dishwasher, hot
water tank, bath tub, solid metal desks, barbeques (not including
propane tanks); and
(ccc) "Yard Waste" includes a mixture of leaves, brush, branches, tree
limbs, hedge trimmings, Christmas trees, and woody plants
including vines, rose bushes and the like.
(2)
In this By-law, words importing the singular number shall include the
plural and vice versa and words importing one gender shall import the
other genders, unless the context requires otherwise.
(3)
If a court of competent jurisdiction declares any provision of this By-law
to be invalid, illegal, unenforceable or of no force and effect, the
remainder of this By-law shall continue in force and be applied and
enforced in accordance with its terms to the fullest extent possible
according to law.
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of By-Law Number 2012-36
(4)
Any reference herein to any statute, regulation, by-law or other law shall
be construed as a reference thereto as amended or re-enacted from time
to time or as a reference to any successor thereto.
(5)
This By-law shall not be interpreted as exempting any Person from the
requirement to comply with any other by-laws of the County. In the event
of conflict between the provisions of this By-law and any other by-laws of
the County, the provisions which are more protective of the environment
shall apply.
REQUIREMENTS FOR SETTING OUT WASTE FOR COLLECTION
Waste Set Out for Collection
2.
Every Waste Generator and Property Owner shall ensure that:
(a)
ashes are not set out for collection until at least 7 days after they
have been removed from fire and are kept separate from other
Waste;
(b)
Waste is drained of liquids before it is placed in a Container for
collection;
(c)
Recyclables are free of any solid, semi-solid or liquid contaminant
which would render them non-recyclable;
(d)
Waste set out for collection is separated into Garbage, Organics,
Recyclables and Special Collection Waste; and
(e)
each type of collectable Waste (Garbage, Organics, Recyclables
and Special Collection Waste) is placed in a separate Container,
bag, or otherwise, in accordance with this By-law, when set out for
collection.
Times to Set Out Waste for Collection
3.
(1)
Every Waste Generator and Property Owner shall ensure that Waste set
out for collection:
(a)
is not set out before 5:00 p.m. on the day preceding the day
scheduled for collection; and
(b)
is set out no later than 7:00 a.m. on the day scheduled for collection.
(2)
No Waste Generator or Property Owner shall set out, or permit to be set
out, any Waste for collection, except in accordance with the times
described above.
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URemoval of Waste Not Collected and Containers
4.
Every Waste Generator and Property Owner shall ensure that any Waste not
collected and that all Containers are removed from the Collection Point before 7:00
p.m. on the day of collection.
Container Requirements For Setting Out Waste
5.
Every Waste Generator and Property Owner shall ensure that:
(a)
every Reusable Container set out for Garbage collection is:
(i)
rust-resistant;
(ii)
non-absorbent;
(iii)
water-tight;
(iv)
in good repair and good working order;
(v)
covered with a close-fitting lid or cover;
(vi)
equipped with at least two handles;
(vii)
in compliance with the Schedules of this By-law;
(b)
every Plastic Bag set out for Waste collection is:
(i)
capable of carrying the Waste contained therein without
tearing or splitting;
(ii)
secured so as to prevent spillage; and
(iii)
in compliance with the Schedules of this By-law;
(c)
every Cart set out for Waste collection at a Multi-Residential
Property or IC&I Property is:
(i)
approved by the Director of Public Works;
(ii)
in good repair and good working order; and
(iii)
of a capacity of no more than 360 litres (95 U.S. Gallons),
unless otherwise specified by the Director of Public Works;
(d)
no Waste is set out for collection in such a manner that it is on top
of, underneath or abutting a Cart;
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(e)
every Waste Generator or Property Manager shall ensure that
collection of Yard Waste is limited to 20 Bags, bundles, or Reusable
Containers per household, per pick up;
(f)
every Waste Generator or Property Owner shall ensure that Yard
Waste is set out for collection from a Residential Property or Multi-
Residential Property, as follows:
(i)
loose in a Reusable Container identifying the contents as
Yard Waste;
(ii)
loose in a Kraft Bag or Jute Bag;
(iii)
securely tied with twine in a separate bundle no more than 1.2
metre (4 feet) in length, or 20kg (44 pounds) in weight; and
(iv)
loose in a Green Bin or Green Cart, but only to "top-up" the
bin;
(g)
no Waste is set out for collection in such a manner that:
(i)
it is accessible to any animal or can be blown by wind, and
(ii)
any liquid leaks from such Waste.
(h)
no Plastic Bag, Reusable Container or Cart is set out for collection
filled with Waste above the top of such Plastic Bag, Reusable
Container or Cart; and
(i)
no Reusable Container or Cart of Waste is set out for collection
unless it is securely closed with a tight-fitting lid or cover.
Location for Waste to be Set Out
6.
(1)
Every Waste Generator and Property Owner shall ensure that all Waste set
out for collection is set out at a Collection Point located on, adjacent to or in
front of the property where the Waste was generated.
(2)
Unless otherwise determined by the Director of Public Works, the
Collection Point for a property is where pedestrian traffic is not impeded
and where the property is:
(a)
beside a road and the road has a curb, within 0.3 metres (12 inches)
away from the road behind the curb;
(b)
beside a road and the road has a gravel shoulder, at the outside
edge of the shoulder;
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(c)
beside an alley, as close as possible to the edge of the alley; and
(d)
in a Downtown Collection Area, on the sidewalk directly adjacent
the curb, so as not to impede pedestrian traffic.
(3)
Every Waste Generator and Property Owner shall ensure that:
(a)
all Waste set out for collection is placed so as not to impede or
obstruct pedestrian or vehicular traffic or road maintenance
operations, or so as to endanger the safety of the County Waste
Collector or any other Person;
(b)
no Waste is set out for collection on top of any snow bank exceeding
0.3 metres (1 foot) in height, and the area in which such Waste is
placed is clear of snow and ice to provide for ready and safe access
by the County Waste Collector;
(c)
all Special Collection Waste that is permitted to be set out for
collection is placed adjacent to, but apart from, any Garbage,
Organics or Recyclables set out for Collection;
(d)
all Containers of containing each of the foregoing types of Waste
are placed apart from all Containers of each of the other foregoing
types of Waste; and
(e)
any bundled cardboard or rigid container of Sharp Objects set out
for Collection is placed adjacent to, but apart from, any other
Containers or bags set out for collection.
(4)
Every Waste Generator and Property Owner in a Multi-Residential
Property or IC&I Property participating in the Automated Collection
Method shall ensure that any Cart set out for collection, is placed so that
there is at least 1.0 metre (3 feet) of clearance on each side of the Cart
and at least 5.0 metres (16.4 feet) clearance above the Cart.
DUTIES OF WASTE GENERATORS AND PROPERTY OWNERS
General
7.
Every Waste Generator and every Property Owner shall comply with all applicable
provisions of this By-law.
Compliance with Collection Method
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8.
(1)
Every Waste Generator and Property Owner shall ensure compliance with
the provisions of this By-law respecting the Waste Collection Method which
is applicable to the Waste Generator's or Property Owner's property.
(2)
Every Waste Generator and Property Owner of a Multi-Residential
Property or an IC&I Property, shall ensure that a Private Waste Collection
Service is employed in respect of Waste generated on its property,
unless such Waste Generator or Property Owner enters into a County
Waste Collection Service Agreement in respect of the property.
9.
For every property which is leased, the Property Owner shall provide, for the
communal use of every tenant, sufficient Reusable Containers (if the property is
participating in the Manual Collection Program) or sufficient Carts (if the property
is participating in the Automated Collection Program) for Garbage, Organics and
Recyclables.
10.
Every Waste Generator and Property Owner to whom a Recyclables Cart,
Organics Cart or Green Bin has been provided by the County shall:
(a)
ensure such Cart/bin is kept in good condition, and not in a condition
that is noxious, offensive or dangerous to public health;
(b)
ensure the safekeeping of such Cart/bin;
(c)
promptly notify the Director of Public Works if such Cart/bin is lost
or stolen;
(d)
be responsible for the cost of repairing such Cart/bin if it is
damaged, or of replacing such Cart/bin if it is lost or stolen, if either
occurs through the negligence of the Waste Generator or Property
Owner, or if the damage or loss is not covered by warranty; and
(e)
promptly return each Cart/bin to the Director of Public Works upon
request.
11.
Every Property Owner of a leased property shall:
(a)
designate and identify to the Director of Public Works, an individual
who shall be responsible for ensuring the management of Waste for
such property; and
(b)
ensure that source separation instructions, provided by the Director
of Public Works, are posted on such Property.
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USource Separation
12.
Every Waste Generator shall ensure that Waste set out for collection is separated
into Garbage, Organics, Recyclables and Special Collection Waste as provided in
this By-law.
Participation in County Waste Collection Service
13.
(1)
Every Waste Generator and Property Owner who participates in the
County Waste Collection service shall ensure that all Waste that is
collectable by the County as part of the County Waste Collection Service
is set out for collection in accordance with this By-law.
(2)
Where a Waste Generator or Property Owner of a Multi-Residential
Property or IC&I Property opts out of the County Waste Collection
Service for one or more types of collectable Waste, he or she shall
provide written notice to the Director of Public Works, in a form
satisfactory to the Director of Public Works, that the Waste Generator or
Property Owner of a Multi-Residential Property or IC&I Property shall
withdraw his or her specified property from collection by the County of
the specified type or types of Waste, effective on a specified date.
(3)
If a Waste Generator or Property Owner of a Multi-Residential Property
or IC&I Property provides Organics or Recyclables generated on his or
her property to any Person other than the County, without first opting out
as set out in this section, the Director of Public Works may determine that
the County shall not provide any County Waste Collection Service to that
property.
(4)
Where the quantity of Waste generated exceeds the level of service
defined in this By-law, or where the Waste Generator or Property Owner
of a Multi-Residential Property or IC&I Property desires a higher level of
service, or an alternate method of collection, the Waste Generator or
Property Owner of a Multi-Residential Property or IC&I Property may
contract a Private Waste Collection Service with properly licensed
contractors. The Waste Generator or Property Owner is responsible to
pay for the removal and disposal of such Waste.
DUTIES OF THE PUBLIC
No Scavenging
14.
No Person shall pick over, interfere with or remove any Waste set out for collection
pursuant to this By-law, whether on public or private property, without the consent
of the Director of Public Works and the applicable Property Owner.
(1)
Section 16(1) does not apply to a Goods Exchange Event.
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(2)
No person shall scatter any Waste set out for collection pursuant to this
By-law, whether on public or private property.
No Depositing of Refuse
15.
(1)
In addition to and without limiting the provisions of any other County by-law,
no person shall throw, place or deposit Refuse and/or Refuse Constituting
a Public Nuisance on any public or private property in the County, including
but not limited to County-owned property, except with the consent of the
Property Owner of such property.
(2)
No Person shall:
(a)
place, permit to be placed or permit to remain on or in any street or
road allowance abutting the property which the Person owns or
occupies, any Waste, unless authorized by this By-law and in
accordance with applicable County and lower-tier municipal by-
laws;
(b)
throw, cast or otherwise deposit, or permit any contractor, agent or
employee to throw, cast or otherwise deposit, any Refuse
whatsoever on or in any street or other public property, except as
expressly authorized in this By-law;
(c)
place Refuse on public property for collection as part of a Private
Waste Collection Program, unless approved by the Director of
Public Works; or
(d)
dep
(e)
osit Refuse generated by the Person on private property, into any
type of receptacle on a public street or in a park.
DUTIES OF WASTE TRANSPORTERS
16.
(1)
No Person engaged in the business of collecting, removing or transporting
Waste shall transport such Waste within the County unless such Person
has received a Certificate of Approval from the Ministry of the Environment
and does so with a vehicle specifically designed, constructed and intended
for such purpose, and unless such vehicle has an enclosed body or a
covering securely fastened to the body of the vehicle or, in the case of a
packer-type vehicle, has hopper doors tightly and securely closed so as to
prevent the escape of the contents of the vehicle to the outside.
(2)
No Person shall transport any Waste within the County in an open vehicle
of any kind, including a trailer, unless such Waste is completely covered
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by a tarpaulin, canvas covering or the like and such covering is secured
to the vehicle in such a manner as to prevent the escape of the contents
of the vehicle to the outside.
POWERS OF THE COUNTY
Inspections
17.
The Director of Public Works, Officers and other designated Staff may conduct all
inspections (including the monitoring of Waste) necessary to administer and
ensure compliance with the provisions of this By-law.
Orders
18.
Any Person who is issued an Order pursuant to this By-law shall comply with such
Order no later than midnight on the date set out for compliance in the Order.
19.
If an Officer finds Waste which is not set out in accordance with the provisions of
this By-law, the Officer may issue an Order to the responsible Waste Generator or
Property Owner, requiring the Waste described in the Order to be removed at the
expense of the Waste Generator or Property Owner, or to be properly set out in
accordance with the provisions of this By-law.
Remedial Actions
20.
If an Officer finds Refuse thrown, placed or deposited on property without the
consent of the Waste Generator or Property Owner, the Officer may, in the case
of a municipal road allowance or County-occupied land, cause the Refuse to be
removed from the property at the expense of the Person who threw, placed or
deposited it thereon, and the County may recover the costs of so doing from such
Person;
21.
If an Officer finds Waste which is not set out in accordance with the provisions of
this By-law, the Officer may, instead of issuing an Order, and without any prior
notice to the Waste Generator or Property Owner, cause the area identified to be
cleared of such Waste at the expense of the Waste Generator or Property Owner,
and the County may recover the costs of so doing from any such Waste Generator
or Property Owner. In the case of the Property Owner, the County may recover
such costs by adding the costs to the tax roll for the property and collecting them
in the same manner as property taxes.
22.
If a Waste Generator or Property Owner fails to ensure that no Waste leaks any
liquid onto a municipal road allowance, an Officer may cause such land to be
cleaned of the liquid at the expense of the Waste Generator, and the County may
recover the costs of so doing from the Waste Generator. In the case where the
Waste Generator is also the Property Owner of the property on which the Waste
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was generated, the County may recover such costs by adding them to the tax roll
for the property and collecting them in the same manner as property taxes.
23.
If the Person who is the subject of an Order issued pursuant to this By-law fails to
comply with such Order by the time set out for compliance, the County may have
the matter or thing directed or required in the Order, done at the Person's expense,
and the County may recover the costs of doing the matter or thing from the Person
who is issued the Order, or, if such Person is the Property Owner of the property
to which the Order relates, the County may recover such costs by adding them to
the tax roll and collecting them in the same manner as taxes.
Service Discontinuance
24.
Where a Waste Generator or Property Owner has not complied with any applicable
provision of this By-law, the County may discontinue the collection of Waste from
that Waste Generator's or Property Owner's property. If service is to be
discontinued, the County will provide notice, and an effective end-date of service
will be indicated.
OFFENCE
25.
(1)
Any Person who contravenes any provision of or Order issued pursuant to
this By-law is guilty of an offence.
(2)
Any director or officer of a corporation who knowingly concurs in the
contravention by the corporation of any provision of or Order issued
pursuant to this By-law is guilty of an offence.
(3)
Every offence under this By-law is designated as a continuing offence.
(4)
Any person who hinders or obstructs or attempts to hinder or obstruct
any Officer who is exercising a power or performing a duty under this By-
law or an Order issued under this By-law is guilty of an offence.
26.
Where a Person is convicted of an offence for contravening this By-law or an Order
pursuant to this By-law, the court in which the conviction has been entered, and
any court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the Person convicted
PENALTY
27.
Except as otherwise provided in this By-law, any Person who is convicted of an
offence under any provision of this By-law shall be liable to a fine not to exceed
$10,000 per day, or each part of a day, that the offence continues.
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28.
Despite Section 27, where the Person convicted is a corporation, the maximum
fine shall not exceed $25,000 per day, or each part of a day, that the offence
continues.
SERVICE OF DOCUMENTS
29.
An Order, or any other notice or document provided pursuant to this By-law, shall
be served upon the Person to be served by means of:
(a)
personal service, in which case it shall be deemed to have been
served on the date and at the time when hand-delivered in
accordance with this By-law;
(b)
facsimile transmission or email transmission, in which case it shall
be deemed to have been served on the date and at the time when
it is so transmitted;
(c)
regular mail, in which case it shall be deemed to have been
delivered on the fifth business day after the day it is mailed; or
(d)
registered mail, in which case it shall be deemed to have been
delivered on the date and at the time set out on the Canada Post
confirmation record indicating successful delivery.
30.
Personal service of a document may be provided as follows where the Person to
be served is:
(a)
an individual, by hand-delivering a copy of the document to that
individual or an individual who appears to be at least sixteen (16)
years of age, at the last known address of the individual, or, if the
individual to be served is to be served in the capacity of Waste
Generator or Property Owner in respect of a property, the document
may be left with an individual who appears to be at least sixteen
(16) years of age, at the property; or
(b)
a corporation or partnership, by hand-delivering a copy of the
document to an officer thereof or an individual who appears to be in
charge of an office of the corporation or partnership, or, if the
corporation or partnership to be served is to be served in the
capacity of Waste Generator or Property Owner in respect of a
property, the document may be left with an individual who appears
to be in charge of the property.
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of By-Law Number 2012-36
UGENERAL PROVISIONS
Delegation
31.
(1)
The Director of Public Works and all persons designated by the Director of
Public Works are hereby authorized to administer and enforce the
provisions of this By-law.
(2)
An Officer is authorized to enforce the provisions of this By-law and any
Orders issued pursuant to this By-law.Effective Date of By-Law
32.
This By-law shall come into effect on the 1st day of June, 2013.
Schedules
33.
The following Schedules form part of this By-law:
(a)
Schedule "A" - General Provisions and examples of materials
included in the definition of "Garbage"
(b)
Schedule "B" - General Provisions and examples of materials
included in the definition of "Non-Collectable Waste"
(c)
Schedule "C" - General Provisions and examples of materials
included in the definition of "Organics"
(d)
Schedule "D" - General Provisions and examples of materials
included in the definition of "Recyclables"
(e)
Schedule "E" - General Provisions and examples of materials
included in the definition of "Yard Waste"
(f)
SCHEDULE "F" - Bulky items and white goods collection
(g)
SCHEDULE "G" - Rebates
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UShort Title
34.
This By-law may be referred to as the "Waste Collection By-law".
Read a first, second and third time and finally passed this
day of
, 2012.
Walter Kolodziechuk, Warden
Pam Hillock, Clerk
Page 19
of By-Law Number 2012-36
Amended by
By-law 2013-53 -
December 12, 2013
Amended
By-law 201
- Decembe
2013
SCHEDULE "A" - GARBAGE
UGeneral Provisions
1.
Every Waste Generator or Property Owner shall ensure that:
(a)
no more than the allowable limit of one (1) bag of Garbage per week
are set out for collection, per household, per Collection Day;
(i)
Waste Generator or Property Owner may set out an additional
bag(s) and/or container(s) of Garbage for collection, by
purchasing a County-issued Bag Tag, and affixing it to the
exterior of a bag or other acceptable container containing the
Garbage. The cost of a Bag Tag is subject to the County's
Fee By-law.
(b)
Garbage is set out for collection, as follows:
(i)
loose (un-bagged) in a Reusable Container identifying the
contents as Garbage,
(ii)
in a colourless, transparent Plastic Bag placed inside a
Reusable Container identifying the contents as Garbage,
(iii)
in a colourless, transparent Plastic Bag;
(c)
any Sharp Objects set out for collection are set out in a separate
rigid container, no larger than 0.6 metres (2.0 feet) in any
dimension, securely taped to secure the contents, clearly labelled
as containing Sharp Objects;
(d)
no Reusable Container or Single-Use Container containing
Garbage including contents, weighs more than 20 kilograms (44
pounds);
(e)
no Reusable Container set out for Garbage collection is greater
than 125 Litres (33 gallons); and
(f)
no colourless, transparent Plastic Bag set out for Garbage
collection exceeds 79 centimeters (31 inches) x 107 centimeters
(42 inches).
2.
A Waste Generator is permitted to place one (1) two (2) non-transparent Privacy
by
Bag in each bag of Garbage set out for collection. The Privacy Bag shall be of no
3-53
greater size than 38 centimeters (15 inches) in any dimension, 51 x 56 centimeters
r 12,
(20 x 22 inches), and the contents of which shall adhere to Schedule "A", Section
3 of this By-law.
3.
A Waste Generator may apply to receive permission to exceed the limits described
in Section 1 (a) and 2 of Schedule A of this By-law. Applications will be made
available on the County's website or from the Public Works Department at 55 Zina
Street, Orangeville.
Acceptable Materials
4.
Every Waste Generator or Property Owner shall ensure that Garbage set out for
collection is consistent with the following:
(a)
pet feces, litter, litter waste and bedding waste, whether separate
or intermingled enclosed in a Plastic Bag or bag;
(b)
artwork, a poster, vellum, a cleaned paint brush, and the like;
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Amended by
By-Law 2014-13
March 13, 2014
Page 20
of By-Law Number 2012-36
Amended by
By-law 2013-53 -
December 12, 2013
(c)
San empty plastic bag, cookie bag, cereal box liner, coffee package,
foil pouch or packet, milk bag, absorbent meat tray pad, butter
wrapper, potato chip bag, piece of carbon paper, plastic wrap,
candy wrapper, wrapper, and the like;
(d)
waxed paper, plastic lined fibre, a poly-coated coffee cup;
(e)
balloon, crayon, sticker, piece of sporting equipment, toy, and the
like;
(f)
binder, calculator, piece of chalk, elastic band, marker, overhead
transparency, paper clip, pencil, pen, staple, piece of tape, and the
like;
(g)
coat hanger, empty pot or pan, disposable razor, scouring pad, twist
tie, utensil, tool, shovel, a piece of cutlery, jewellery, wire, rope,
cord, hardware, and the like;
(h)
curtain, blind, dish cloth, glove, scarf, sheet, pillow, rag, shoe, boot,
sponge, table cloth, towel, a piece of clothing, fabric, leather, linen,
nylon, yarn, and the like;
(i)
small appliance no greater than 5 kilograms in weight, such as a
hair dryer, kettle, toaster, clock, and the like;
(j)
candle, empty cooler, cork, dryer sheet, furnace filter, lawn chair,
match, photographic negative, picture frame, rubber glove, plastic
straw, toothpick, piece of string, rubber or water softener salt, and
the like;
(k)
hair brush, comb, toothbrush, empty toothpaste tube, item of
cosmetics, deodorant, soap, and the like;
(l)
piece of lint, dirt, dust, vacuum bag contents, and the like;
(m)
condom, piece of dental floss, and the like;
(n)
dressing, bandage, gauze, swab, pipette, cast, speculum, urine,
colostomy or enema bag, intravenous bag, catheter or other tubing,
dentures, alginate impression or like material, piece of surgical
clothing including a gown, mask, glove, patient bib or sheet, from a
Residential Property only, and the like;
(o)
any type of diaper, feminine hygiene product, sanitary product,
wipe, and the like;
(p)
polylactic acid plastic (PLA), biodegradable plastic, certified
compostable plastic (including a container, utensil, plate), and the
like;
(q)
petri dish, test tube, microscope slide, scope, electrode, and the
like; and
(r)
plastic bags, plastic grocery sacks;
(s)
polystyrene and stryrofoam packaging, food and beverage
containers; and
(t)
any other item designated as Garbage by the Director of Public
Works.
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Page 21
of By-Law Number 2012-36
U nacceptable Material
5.
Every Waste Generator or Property Owner shall ensure that Garbage set out for
collection does not contain Recyclables, Organics, Special Collection Waste, or
any other item in accordance with the provisions of this By-law.
Page 22
of By-Law Number 2012-36
SCHEDULE "B" - NON-COLLECTABLE WASTE
Materials
1.
Every Waste Generator or Property Owner shall ensure that Non-Collectable
Waste is not set out for collection and shall include the following:
(a)
explosive or highly combustible material such as a celluloid cutting,
moving picture film, or an oil-soaked or gasoline-soaked rag and the
like;
(b)
carpet, carpet under padding, plaster, drywall, fibreglass insulation,
lumber, concrete, a boulder or other waste residue resulting from
construction, building renovation or a demolition operation;
(c)
soil, a rock, stone, gravel, and the like;
(d)
stool sample, flesh or tissue from any animal or human, bodily fluid-
stained material, infectious or otherwise, including clothing and
bedding, an incontinence or feminine hygiene product known to be
infectious, a liquid or solid medicine including a pill or vaccine, a
container or vial from which a pill or vaccine is extracted that
contains any amount of such pill or vaccine, surgical equipment,
any of which is generated from a clinic, hospital, surgery, an office
of a physician, surgeon, dentist, veterinarian or the like;
(e)
hay, straw, manure or night soil;
(f)
pet feces, litter, litter waste and bedding waste from a non-
residential property, such as a veterinary clinic, commercial kennel,
and the like, whether separate or intermingled;
(g)
an animal carcass, other part or any portion thereof of any dog, cat,
fowl or any other creature with the exception of bona fide kitchen or
food waste;
(h)
Waste brought into the County from outside its boundaries;
(i)
Municipal Hazardous or Special Waste, including plastic containers
containing automotive chemical wastes, chemical sprays and the
like, as regulated under Ontario Regulation 542/06;
(j)
Electronic Waste;
(k)
Garbage, Organics, Recyclables or Special Collection Waste which
has not been drained, prepared or packaged for collection in
accordance with the provisions of this By-law;
(l)
any material which may be classed as a "designated substance"
pursuant to the Occupational Health and Safety Act, R.S.O. 1990,
c. O.1;
(m)
tire, car battery, automotive part or body;
(n)
any material which is frozen or stuck to a Waste receptacle or
container and cannot be removed by shaking manually, or by the
automated arm in the Automated Collection System;
(o)
any material or substance which may cause damage to the natural
environment;
(p)
any septic tank pumping, raw sewage, sewage sludge or industrial
process sludge;
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of By-Law Number 2012-36
(q)
any tree limb, trunk or the like having a diameter greater than 5
centimetres (2 inches);
(r)
any radioactive material;
(s)
ashes from properties other than Residential Properties;
(t)
solidified cooking oils and cooked or raw grease and fats from
properties other than Residential Properties; and
(u)
any other item designated as a Non-Collectable Waste by the
Director of Public Works.
Page 24
of By-Law Number 2012-36
SCHEDULE "C" - ORGANICS
General Provisions
1.
Every Waste Generator or Property Owner shall ensure that:
(a)
Organics are set out for collection from a Residential Property as
follows:
(i)
loose (un-bagged) in a Reusable Container identifying the
contents as Organics;
(ii)
in a Certified Compostable Bag, Paper Bag or Liner placed
inside a Reusable Container identifying the contents as
Organics;
(b)
Organics are set out for collection from a Multi-Residential Property
or IC&I Property as follows:
(i)
loose in an Organics Cart;
(ii)
in a Certified Compostable Bag, Paper Bag or Liner placed
inside an Organics Cart.
(c)
No Reusable Container or Single-Use Container containing
Organics including contents, weighs more than 20 kilograms (44
pounds);
Acceptable Materials
2.
Every Waste Generator or Property Owner shall ensure that Organics set out for
collection are consistent with the following list:
(a)
bona fide kitchen or food waste: fruit, vegetable and general table
scraps, meat and fish/shellfish products, dairy products, eggs and
egg shells, herbs, nuts and seeds, sugars and spices, confectionery
products, sauces, bones, pet food, bread, grains, rice, pasta, flour,
coffee grounds and tea bags;
(b)
solidified cooking oils and cooked or raw grease and fats from
Residential Properties only;
(c)
paper fibres: soiled paper towels, facial tissues, paper plates, cotton
balls, coffee filters, microwave popcorn bags, soiled paper food
packaging items such as boxboard, cardboard, newspaper, and
other paper fibre packaging materials, and shredded paper;
(d)
flowers, houseplants (soil removed), hair, pet fur, sawdust, wood
chips and wood shavings;
(e)
small amounts of Yard Waste or brush, to "top up" Green Bin only;
and
(f)
any other item designated as Organics by the Director of Public
Works.
Unacceptable Material
3.
Every Waste Generator or Property Owner shall ensure that Organics set out for
collection does not contain Recyclables, Garbage, Special Collection Waste, or
any other item in accordance with the provisions of this By-law.
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SCHEDULE "D" - RECYCLABLES
General Provisions
1.
Every Waste Generator or Property Owner shall ensure that:
(a)
Recyclables are set out for collection from a Residential Property
as follows:
(i)
loose (un-bagged) in a Reusable Container identifying the
contents as Recyclables; and
(ii)
in a blue-tinted, transparent Plastic Bag, as overflow from a
Reusable Container, identifying the contents as Recyclables;
(b)
Recyclables are set out for collection from a Multi-Residential
Property or IC&I Property, as follows:
(i)
loose in a Recyclables Cart;
(ii)
in a blue-tinted Plastic Bag, as overflow from a Recyclables
Cart;
(c)
any cardboard set out for collection is broken down and is no more
than 1.2 metres (4 feet) in any dimension;
(d)
no Reusable Container or Single-Use Container containing
Recyclables including contents, weighs more than 20 kilograms (44
pounds); and
(e)
no Plastic Bag set out for Recyclables collection exceeds 79
centimeters (31 inches) x 107 centimeters (42 inches).
Acceptable Materials
2.
Every Waste Generator or Property Owner shall ensure that Recyclables set out
for collection are consistent with the following:
(a)
aluminum: foil, plate, tray, pop can, and the like;
(b)
boxboard: a tissue or cereal box, paper towel roll, frozen juice
container, and the like;
(c)
cardboard: a flattened box that is less than 122 centimeters(48
inches) in any dimension, pizza box, brown Kraft Bag, and the like;
(d)
glass: a container, bottle or jar (any colour), and the like;
(e)
newsprint: a newspaper including a flyer or insert, an egg carton or
flat, a magazine or catalogue, a telephone book, and the like;
(f)
paper: writing paper, an envelope (includes windowed), calendar
(spiral binding removed), book (covers removed), and the like,
shredded paper is not permitted;
(g)
gable top: a milk or juice carton, and the like;
(h)
aseptic container: a juice or other drink box (tetra pack), and the
like;
(i)
empty plastic bottles and jars (soft drink, detergent, juice, water,
bleach), and the like;
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Amended by
By-law 2013-53 -
December 12, 2013
(j)
PET plastic container: any plastic container, such as a bottle or jar,
food or beverage container, and the like;
(k)
HDPE bottles and jugs;
(l)
plastic bags, plastic grocery sacks;
(m)
polystyrene and Styrofoam packaging, food and beverage
containers (clean);
(n)
plastic tubs and lids (margarine, yogurt, ice cream, etc.), and the
like;
(o)
other small plastic containers (#1-7) which are less than 1 litre;
(p)
steel: food or beverage can or tin (soup, juice, etc.) with lids;
(q)
aerosol can (empty);
(r)
empty, dry paint can (lid removed); and
(s)
any other item designated as a Recyclable by the Director of Public
Works.
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3.
Every Waste Generator or Property Owner shall ensure that Recyclables set out
for collection does not contain Garbage, Organics, Special Collection Waste, or
any other item in accordance with the provisions of this By-law.
Page 27
of By-Law Number 2012-36
SCHEDULE "G" - Rebates
General Provisions
1. Notwithstanding Section 13(4), residential condominium corporations may apply for
a rebate towards the cost of their Waste disposal via a Private Waste Collection
Service. To be eligible to receive this rebate, the following conditions must be met:
(a) only residential condominium corporations may apply for the rebate;
(b) the residential condominium corporation must own and maintain the
containers;
(c) all of the Waste generated by the condominium must be disposed of via
the Private Waste Collection Service, unless such Waste Generator or
Property Owner enters into a County Waste Collection Service
Agreement in respect of the property;
(d) the residential condominium corporation must have Source Separation
Programs in place for the storage, set out, collection and disposal of
Recyclables, Organics, and Special Collection Waste, in addition to that
of Garbage, and such program shall be to the satisfaction of the Director
of Public Works;
(e) the residential condominium corporation must apply to be considered for
the rebate no later than January 30 of the calendar year for which the
rebate will apply (which application can be obtained at the Public Works
Department, 55 Zina Street, Orangeville); and
(f) requests for payment shall be submitted on the appropriate form, shall
include copies of invoices in a form acceptable to the Director of Public
Works, and shall be submitted in January following the calendar year for
which the rebate is being paid.
2. The following restrictions shall apply:
(a) if the County implements a full user pay system for Waste collection, the
rebates shall cease immediately; and
(b) the rebates will be paid only towards Waste collection costs incurred after
January 1, 2013, and will be paid only to the condominium corporation.
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