North Bay, Ontario
· No. 2010-108
· adopted 2010-05-17
· summary & facts
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THE CORPORATION OF THE CITY OF NORTH BAY
BY-LAW NO. 2010-108
WASTE MANAGEMENT BY-LAW
TABLE OF CONTENTS
1.
Definitions
2.
Collection Times
3.
Curbside Collection of Recyclable Materials
4.
Curbside Collection of Solid Waste
5.
Home Composting
6.
General Provisions
7.
General Nuisance
8.
Landfill Site - Access and Use I Tipping Fees
9.
Administration
10.
Penalties
Schedule "A" - Tipping Fees
Schedule "B" - Organic Drop-Off Centre
Schedule "C" - Landfill Site Rules
Schedule "0" - Landfill Site - Unacceptable Materials
Page
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THE CORPORATION OF THE CITY OF NORTH BAY
BY-LAW NO. 2010-108
WASTE MANAGEMENT BY-LAW
WHEREAS The Corporation of the City of North Bay (the "City") is the owner and
operator of the Merrick Landfill Site located in Merrick Township (the "Landfill Site");
AND WHEREAS the City is authorized to enact by-laws imposing fees or charges for
services or activities provided or done by or on behalf of it pursuant to section 391 of the
Municipal Act, 2001 (S.O. 2001, c.25);
AND WHEREAS the City is authorized to regulate and inspect the use of any land or
structures within the municipality or any defined area or areas thereof for dumping or
disposing of garbage, refuse, or domestic or industrial waste of any kind;
AND WHEREAS the Council deems it desirable to regulate the disposal of garbage by
way of landfill bans, recycling and home composting systems;
AND WHEREAS Notice of the Public Meeting in the matter of current waste
management fees and charges was given as required by Ontario Regulation 244/02
made under the Municipal Act, 2001 (S.O., 2001, c.25) by advertisement in the North
Bay Nugget on the 1ihday of April, 2010 and the 24th day of April, 2010;
AND WHEREAS a Public Meeting under the Municipal Act in the matter of the current
waste management fees and charges was held on the 10th day of May, 2010;
AND WHEREAS by Engineering & Works Committee Report No. 2010-_ passed at its
Regular Meeting held on Monday, May 17, 2010 Council authorize a by-law to increase
the current fees and charges in place for waste management.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NORTH BAY HEREBY ENACTS AS FOLLOWS:
1.
DEFINITIONS:
In this By-law,
(a)
"Garbage Area" means that all lands within the boundaries of the City of
North Bay as approved by the Ontario Municipal Board for a special
charge for garbage collection.
(b)
"Landfill Site" means the Merrick Landfill Site located at Lots 11 and 12,
Concession 4, in the Township of Merrick and designated as Part 1, on
Reference Plan 36R-9691.
(c)
"Multi-Residential Building" means a building with a single municipal
address having more than three (3) residential dwelling units which is
principally used or held out to be used for apartment or townhouse
accommodation and excluding any building used or held out to used for
hotel or motel accommodation but shall include a mobile home park where
each mobile home is served by individual hydro service, the units are
permanently occupied and are in excess of thirty (30) feet in length.
(d)
"Solid Waste" means discarded materials which:
(i)
Are in a solid physical state, as determined by the "slump test"
prescribed by the regulations passed under the provisions of the
Environmental Protection Act; and
(ii)
Do not contain any of the unacceptable substances or materials set
forth in Schedule "0" to this By-law.
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(e)
"Recyclable Materials" means newsprint, old corrugated cardboard, box
board, fine paper, narrow mouth containers meeting plastic specifications,
steel and aluminum cans, clear and coloured glass and such other
materials as may be designated by the Director of Engineering,
Environmental & Works from time to time.
2.
COLLECTION TIMES:
(1)
No person shall leave solid waste at the curbside for collection sooner
than 6:00 p.m. on the day preceding the day of collection or later than 7:00
a.m. on the day of collection.
(2)
The Director of Engineering, Environmental & Works is authorized to fix
dates for the collection of solid waste from time to time and to publish
notice thereof at least once in a newspaper having general circulation in
the City.
(3)
In the event that solid waste has been left at curbside for collection and all
or any portion of the solid wastes have not been collected prior to 8:00
p.m. on that date, the solid waste shall be immediately removed from the
curbside by the owner or occupant of the self-contained residential unit
from which the waste originated.
(4)
Garbage and ashes will be collected within the garbage area of the City of
North Bay,
(a)
once weekly from all residential properties; and
(b)
twice weekly from all commercial and institutional properties.
(5)
No person shall leave solid waste at curbside for collection except on such
dates as are approved pursuant to this section.
(6)
"Curbside Collection" applies to single family dwellings, semi-detached
units and up to nine (9) dwellings units per building.
3.
CURBSIDE COLLECTION OF RECYCLABLE MATERIALS:
(1)
The occupants of each self-contained dwelling unit within the Garbage
Area which receive curbside collection in the City of North Bay shall be
permitted, in accordance with this section, to leave recyclable materials at
the nearest adjoining curbside for collection once every second week
according to a schedule fixed by the Director of Engineering,
Environmental & Works.
(2)
Notwithstanding subsection (1), the occupants of buildings in which there
are three (3) or more self-contained dwelling units shall only leave solid
waste at curbside for collection if the solid waste is left at a common point
on the curbside.
(3)
Recyclable Materials left at curbside for collection shall have been placed
within the container commonly known as a "Blue Box" or within such other
container as may be approved by the Director of Engineering,
Environmental & Works from time to time.
(4)
Recyclable Materials shall be separated from any Solid Wastes left at
curbside for collection.
(5)
No person shall pick over, interfere with, disturb, remove or scatter any
garbage or recyclable materials set out for collection. This clause shall
not prevent, at any time, the collection of garbage, recyclable materials or
other materials by persons authorized to do so by The Corporation of the
City of North Bay.
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4.
CURBSIDE COLLECTION OF SOLID WASTE:
(1)
Solid waste left at curbside for collection shall be within one (1) or more of
the following containers:
(2)
(a)
An opaque bag constructed of plastic or other flexible material,
having the following dimensions,
Minimum thickness:
Maximum volume:
Maximum mass when full:
Minimum volume:
or,
1.5 millimetres
0.15 cubic metres
15 kilograms
0.08 cubic metres
(b)
Any other opaque receptacle or container, other than a bag, having
sufficient structural integrity to hold the solid waste, and having the
following dimensions:
Maximum volume:
Maximum mass when full:
Minimum volume:
0.15 cubic metres
15 kilograms
0.08 cubic metres
(c)
Corrugated, cardboard boxes shall not be a permitted receptacle
except in the Downtown Improvement Area.
(a)
The total number of containers placed at curbside for the collection
of solid waste shall not exceed three (3) per week from each self-
contained dwelling unit.
(b)
The total number of containers placed at curbside for the collection
of solid waste from non-residential premises shall not exceed six
(6) containers twice per week.
(c)
Collection from any multi-residential building having more than two
(2) dwelling units but fewer than ten (10) dwelling units shall consist
of not more than twenty (20) receptacles or bundles which comply
with Section 4 of this by-law.
(d)
Collection from any multi-residential building having ten (10) to
twenty (20) dwelling units shall consist of one (1) lift per week of
one 4 cubic yard container placed and maintained on the site in a
location and a manner and on terms satisfactory to the Director of
Engineering, Environmental & Works.
(e)
Collection from any multi-residential building having twenty-one
(21) to fifty (50) dwelling units shall consist of one (1) lift per week
of one 6 cubic yard container placed and maintained on the site in a
location and a manner and on terms satisfactory to the Director of
Engineering, Environmental & Works.
(f)
Collection from any multi-residential building having fifty-one (51) to
seventy-five (75) dwelling units shall consist of two (2) lifts per week
of one 6 cubic yard container placed and maintained on the site in a
location and a manner and on terms satisfactory to the Director of
Engineering, Environmental & Works.
(g)
Collection from any multi-residential building having more than
seventy-five (75) dwelling units shall consist of three (3) lifts per
week of one 6 cubic yard container placed and maintained on the
site in a location and a manner and on terms satisfactory to the
Director of Engineering, Environmental & Works
(h)
Any owner entitled to the minimum level of container collection
service as set out in subsection (d), (e), (f) and (g) who desires a
higher level of service may release the City from providing the
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minimum level of service by so advising the Director of Engineering
and Environmental Services in the prescribed form.
(i)
Notwithstanding that the City is released from providing the
minimum level of service pursuant to subsection (h), the City shall,
(i)
maintain payment to the prime City Contractor of the amount
otherwise payable for the minimum level of service;
(ii)
monitor the service being provided to any owners from time
to time to determine whether the service provided otherwise
conforms to this By-law; and
(iii)
provide the minimum level of service upon request of the
owner in the prescribed form on fifteen (15) days notice.
U)
The Collector shall follow such routes as approved by the Director
of Engineering, Environmental & Works and conform with all
instructions from him.
(3)
Where solid waste cannot be fit into the containers described in
subsection (2) because of the size and shape of the solid waste, it
may be left at curbside for collection if it is securely bound into one
or more bundles and if the bundles have the following dimensions:
Maximum Volume
Maximum Mass
Maximum Length
Maximum Width
Maximum Height
0.15 cubic metres
15 kilograms
1 metre
1 metre
1 metre
Each such bundle shall be deemed to be a container for the purpose of
subsection (3), and the bundles shall not be stacked to a height exceeding
one (1) metre.
(4)
No person shall leave ashes for collection unless the ashes are cold and
placed in metal containers having a capacity of not greater than fifty (50)
litres or zero point zero five (0.05) cubic metres which container shall have
a watertight cover.
5.
HOME COMPOSTING:
(1)
In this section,
(a)
"Compost" means discarded organic material commonly
referred to as compost, and includes leaves, grass clippings and
kitchen waste.
(2)
The occupants of each self-contained dwelling unit in the City of North Bay
shall be entitled, in accordance with this section, to keep and maintain
containers and piles of non-putrid compost.
(3)
No container or pile of compost shall have a volume greater than two (2)
cubic metres.
(4)
Compost shall consist of plant material only, and shall contain no animal
matter.
(5)
Notwithstanding subsection (2), no person shall keep or maintain any
container or pile of compost unless:
(a)
There is individual rear yard space, appurtenant to the self-
contained dwelling unit, and the container or pile of compost is
situated on such individual rear yard space; or
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(b)
There is side yard space of at least eight (8) feet in perpendicular
width appurtenant to the self-contained dwelling unit on which side
yard does not abut the living accommodation of the dwelling unit
and the container or pile of compost is situated in such side yard
common area.
(c)
The self-contained dwelling unit is situated within a building
containing three (3) or more self-contained dwelling units, there is a
rear yard common area appurtenant to the building and the
container or pile of compost is situated in such rear yard common
area.
6.
GENERAL PROVISIONS:
(1)
No person shall deposit any material in any landfill site owned by The
Corporation of the City of North Bay except according to the terms of this
by-law.
(2)
No person shall place any material out for curbside collection within the
City of North Bay except as may be expressly permitted in this by-law.
(3)
No person shall keep or maintain any container or pile of compost or any
other decaying organic material on any property with in the City of North
Bay except as may be expressly permitted in this by-law.
(4)
Subsections (1) and (3) shall not apply to The Corporation of the City of
North Bay or any of its employees or agents while in the course of their
duties as such.
(5)
No person shall leave or deposit any solid waste on any land in the City or
North Bay except as expressly permitted by this by-law.
7.
GENERAL NUISANCE:
(1)
No person shall permit any solid waste to be blown or dropped from their
premises or of from their vehicle onto a public lane, highway or public
highway in the City of North Bay.
(2)
No person shall pick over, disturb or scavenge any bundle, paper or
articles placed at the curbside for removal except the collector appointed
by North Bay City Council.
(3)
No person employing or using trucks, graders or loaders for excavation for
public purposes or for conveying earth, solid waste, rubbish or other
materials from such excavations, or road works, or from any other place
shall permit earth, solid waste, rubbish or other material to remain on a
public highway.
(4)
Any person employing or using trucks as set out in paragraph (3) shall
employ such sweepers, workers or other means as may be necessary to
keep all pavement and sidewalks in a clean condition and free from earth,
material causing dust or any other material.
(5)
No person shall:
(a)
allow garbage, solid waste, or other refuse to accumulate upon any
premises;
(b)
keep a garbage dump or receptacle for solid waste on their
premises in such condition or in such location that the same is a
nuisance or emits foul or offensive odours or harbours or attracts
rats or other vermin;
(c)
keep a garbage dump;
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(d)
keep a receptacle for solid waste except in conformance with this
by-law;
(e)
dispose of the body of a dead animal in such a way as for it to
become a nuisance.
(6)
The owner of any multi-residential building shall ensure that garbage is
placed within the container prescribed by this by-law and that any garbage
which cannot be disposed of within the terms of this by-law shall be
disposed of by the owner at his expense.
(7)
No person shall deposit any materials in the Merrick Landfill Site except as
may be expressly permitted in this by-law.
(8)
No person shall leave or deposit at the landfill site any appliance which
contains or is intended to contain a refrigerant substance other than in the
location so designated by the Director of Engineering, Environmental &
Works.
8.
LANDFILL SITE - ACCESS AND USE I TIPPING FEES:
(1)
Subject to subsection (2), no person shall deposit or cause to be
deposited any waste in or about any landfill site owned by The
Corporation of the City of North Bay except waste originating from the City
of North Bay or the Municipality of Callander.
(2)
Subsection (1) does not apply to any person who is authorized under a
subsisting agreement with The Corporation of the City of North Bay for the
receipt of waste from lands within the Townships of Blyth, Lyman, Notman
(Tilden Lake), Merrick or Stewart (Little Tomiko Lake).
(3)
(a)
Any person depositing solid waste at the Landfill Site, except the
City, its employees or agents while in the course of their duties as
such, shall pay the tipping fees set forth in Schedule "A" to this by-
law.
(b)
The Director of Engineering, Environmental & Works shall establish
an accounting system for the payment of tipping fees, either at the
Landfill Site or by prior contract and either by prior deposit or
invoice.
(c)
In the event that scales are not in place or are out of service, then
the tipping fee shall be based upon the weight estimate of the
Landfill Site Inspector appointed by the City, subject to an appeal,
after payment in full, to the Director of Engineering, Environmental
& Works.
(4)
No person shall use the Landfill Site except in compliance with the rules
set forth in Schedule "C" to this by-law.
(5)
No load containing solid waste shall be admitted to the Landfill Site unless
it is covered or otherwise securely bound.
9.
ADMINISTRATION:
(1)
The Director of Engineering, Environmental Services & Works shall
establish and provide a system for the collection and removal of solid
waste in accordance with the terms of this by-law within the "garbage
area" of the City of North Bay.
(2)
The Director of Engineering, Environmental Services & Works shall
establish and provide a system for the disposal of solid waste in
accordance with the terms of this by-law and the current Certificate of
Approval issued under the Environmental Protection Act.
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(3)
The Director of Engineering, Environmental Services & Works and his
authorized delegates shall administer and enforce the provisions of this
by-law.
1 o.
PENALTIES:
(1)
Every person who,
(2)
(a)
Does any thing which is prohibited by this by-law;
(b)
Fails to comply with any order or direction given by a municipal
official pursuant to this by-law;
(c)
Otherwise contravenes any provision of this by-law,
is guilty of an offence and upon conviction is liable to pay a penalty
recoverable under the provisions of the Provincial Offences Act.
(a)
Any person who deposits any waste at the Landfill Site contrary to
this by-law may, in addition to any other penalties which may apply,
be suspended from further access to the Landfill Site for any
purpose by the Director of Engineering, Environmental Services &
Works by written notice setting out the grounds for the suspension
subject to a hearing before the Council to be held pursuant to the
Statutory Powers Procedure Act.
(b)
The Council shall consider whether the suspended person will
continue to contravene the by-law and may maintain or revoke the
suspension subject to such conditions as it may determine.
(3)
Every person who contravenes any of the provisions of this by-law is guilty
of an offence and shall, upon conviction thereof, forfeit any pay a penalty
of not more than Five Thousand ($5,000.00) Dollars, exclusive of costs
and such fine is recoverable under the Provincial Offences Act.
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This by-law comes into effect as of the 1 sl day of June, 2010.
12.
By-law No. 2009-56 is hereby repealed.
READ A FIRST TIME IN OPEN COUNCIL THIS 17TH DAY OF MAY, 2010.
READ A SECOND TIME IN OPEN COUNCIL THIS 17TH DAY OF MAY, 2010.
READ A THIRD TIME IN OPEN COUNCIL AND ENACTED THIS 17TH DAY OF MAY,
2010.
"original signature on file"
MAYOR VIC FEDELI
W ICLERKIRMSIC00l201 OIBYLAWIUSERFEESI0001 doc
"original signature on file"
CITY CLERK CATHERINE CONRAD
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THIS IS SCHEDULE "A" TO BY-LAW NO. 2010-108 OF THE CORPORATION OF
THE CITY OF NORTH BAY
TIPPING FEES
1)
The City of North Bay shall charge on a per metric tonne basis or flat fee basis
the following rates for waste or other materials disposed of at the Merrick Landfill
Site (Tonne - Metric).
2)
Where wastes/materials may be classified into more than one of the following
categories the waste/material shall be deemed to fall within that category with
the higher applicable tipping fee.
CLASSIFICATIONS
EFFECTIVE DATE
WASTE
JUNE 1, 2010
a)
Solid waste from industrial, commercial and
$71.00/tonne ($20.00 load
institutional sources
minimum)
b)
Solid waste from municipal collection
nil
c)
Sludge from the North Bay Sewage
nil
Treatment Plant
d)
Clean fill free of contaminants
nil
e)
Contaminated fill in compliance with
$20.00/tonne
ON. Reg. 347
(Quantities up to 2499 tonnes/project)
f)
Contaminated fill in compliance with
$16.00/tonne
ON Reg. 347
(Quantities + 2500 tonnes/project)
g)
Organics free of contaminants and not
nil
requiring processing (chipped wood,
grass and leaves)
h)
All private vehicles, solid waste in small
$5.00/load
quantities (equivalent to 6 bags or less)
i)
All private vehicles with quantities
$20.00/load
exceeding 6 bags
j)
Appliances containing refrigerant substances
$25.00 each + applicable
(any untagged appliance requiring tagging)
tipping fee
k)
Processed biomedical waste
$100.00/load + applicable
tipping fee
I)
Commercial loads containing asbestos
$200.00/load + applicable
(exceeding 6 bags)
tipping fee
m)
Annual pass for non-resident private vehicles
$50.00 per year
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CLASSIFICATIONS
VEHICLE
n)
All commercial vehicles
0)
All private vehicles
p)
Vehicles with a valid window sticker
EFFECTIVE DATE
JUNE 1, 2010
Charged on a per weight
basis @ applicable tipping
fee
Charged on a flat fee basis
nil
3)
The above fees shall be payable prior to depositing any solid waste at the landfill
site or in accordance with the accounting system established pursuant to Section
8(3)(b).
4)
Where any waste originating from an unauthorized area outside of the City of
North Bay or the Municipality of Callander is accepted, the minimum fee shall be
$20.00/day (N.B. - no small quantity exceptions).
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THIS IS SCHEDULE "B" TO BY-LAW NO. 2010-108 OF THE CORPORATION OF
THE CITY OF NORTH BAY
TIPPING FEES
1)
The City of North Bay shall charge on flat fee basis the following rates for organic
waste material disposed of at the Organic Drop-Off Centre (112 Patton Road).
CLASSIFICATIONS
ORGANIC WASTE
a)
b)
c)
Commercial Vehicle Organics
(equivalent 8 bags or less)
Commercial Vehicle Organics
(9 bags or % tonne truck)
Commercial Vehicle Organics
(% tonne truck / van with trailer)
EFFECTIVE DATE
JUNE 1, 2010
$5.00/load
$20.00/load
$40.00/load
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THIS IS SCHEDULE "C" TO BY-LAW NO. 2010-108 OF THE CORPORATION OF
THE CITY OF NORTH BAY
LANDFILL SITE RULES
The following are the Rules and Regulations which govern the conduct of all those who
enter the limits of Merrick Township Landfill Site, and the specialized preparation,
(acceptance criteria) and the disposal of permitted waste types.
1.
Waste loads entering the site must be tarped or securely tied down which shall
be removed at the staging areas and prior to the working face.
2.
Contaminated soil and other suspect wastes may be required to undergo an
Ontario Regulation 347, Schedule 4, Leachate Toxicity Test and/or slump test to
determine its acceptability as a solid non-hazardous waste.
3.
Asbestos waste will be accepted for disposal if it is packaged and transported in
accordance with Ontario Regulation 347.
4.
All drums shall be empty, the tops and bottoms cut off and the drum crushed or
flattened, before it will be accepted for disposal.
5.
Scrap metal, fuel tanks shall be thoroughly drained, flushed and cut into sections
before they will be accepted for disposal.
6.
(1 )
All traffic control directions given by the scale masters or other site
personnel shall be strictly observed.
(2)
Drivers shall stay with vehicles.
7.
All posted traffic signs shall be strictly observed.
8.
There shall be no smoking or lit smoking material within the site. For this
purpose the site is defined as all lands beyond the entrance gate to the site.
9.
All vehicles (unless otherwise directed) shall come to a full stop on the inbound
and outbound scales for processing.
10.
No person shall scavenge or pick through waste.
11.
Children under 14 years of age must remain in the vehicle.
12.
No person shall unload garbage from one (1) vehicle for more than thirty (30)
minutes in any three (3) hour period.
13.
(1)
No person shall place solid waste except according to the directions of the
landfill attendant.
(2)
Recyclable materials, tires and white goods delivered to the Landfill Site
shall be deposited by the driver at the designated areas only.
14.
No person shall operate a vehicle at more than 20 kilometres per hour where
signs are on display.
15.
Unless otherwise authorized in writing by the Director of Engineering,
Environmental Services & Works, no person shall enter the Landfill Site when the
site is designated to be closed (before 7:30 a.m. and after 5:00 p.m. on
weekdays; before 8:00 a.m. or after 5:00 p.m. Saturdays and before 12:00 noon
or after 4:00 p.m. on Sundays, Easter to Thanksgiving, or at any time on
Sundays, Thanksgiving to Easter).
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THIS IS SCHEDULE "0" TO BY-LAW NO. 2010-108 OF THE CORPORATION OF
THE CITY OF NORTH BAY
LANDFILL SITE - UNACCEPTABLE MATERIALS
The following materials are unacceptable for collection and / or disposal without the
prior written consent of the Director of Engineering, Environmental Services & Works:
1.
Pathological waste from the industrial, commercial or institutional sectors, as
defined and regulated in Regulation 347 under the Environmental Protection Act.
2.
Biomedical waste.
3.
Hazardous waste, as defined and regulated in Regulation 347 under the
Environmental Protection Act.
4.
Liquid waste, as defined and regulated in Regulation 347 under the
Environmental Protection Act.
5.
Appliances containing CFC's or refrigerants.
6.
Whole tires.
7.
Corrugated cardboard (outside of the Downtown Improvement Area).
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