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(THE CORPORATION OF THE TOWNSHIP OF
OTONABEE-SOUTH MONAGHAN
BY-LAW NUMBER 2021- 07
Being a By-law to provide for the collection, removal
And disposal of garbage for the Township of Otonabee-South Monaghan
___________________________________________________________
WHEREAS The Municipal Act, S.O. 2001, c25, Section 5, provides that the
powers of a municipality shall be exercised by its council and that a
municipal power, including a municipality's capacity, rights, powers and
privileges under section 9, shall be exercised by by-law unless the
municipality is specifically authorized to do otherwise; and
WHEREAS the Municipal Act, S.O. 2001, c.25, Section 8, provides the
powers of a municipality shall be interpreted broadly so as to confer broad
authority on the municipality to enable the municipality to govern its
affairs as it considers appropriate and to enhance the municipality's ability
to respond to municipal issues; and
WHEREAS the Municipal Act, S.O. 2001, c.25, Section 11(3), as amended,
provides that a lower tier municipality may pass by-laws respecting waste
management matters;
WHEREAS the goal of the Township of Otonabee-South Monaghan is to
reduce waste through various public and private initiatives and thus
minimize environmental impacts of waste disposal; and
WHEREAS the aim is to use the Landfill and/or Transfer Station in a
sustainable manner so as to reserve the facility as long as possible for the
benefit of the Township of Otonabee-South Monaghan;
AND WHEREAS the Township of Otonabee-South Monaghan deems it in
the best interest to continue the establishment of and to maintain and
regulate a system to collect and dispose of certain garbage and refuse
within the Township of Otonabee-South Monaghan;
NOW THEREFORE The Municipal Council of the Township of Otonabee-
South Monaghan ENACTS as follows:
SECTION 1.0
TITLE OF BY-LAW
This By-law may be cited as the "Waste Collection & Disposal" By-law
SECTION 2.0
APPLICATION
This By-law shall apply to the owners and occupants of all lands within the
Municipality.
SECTION 3.0
SCOPE OF BY-LAW
a)
Where the provisions of this By-law conflict with the
provisions of any other By-law in force in the Municipality the
provisions of this By-law shall prevail.
b)
If any provisions of this By-law is declared invalid for any
reason by a Court of competent jurisdiction, it is intended that such
a provision shall be served from the By-law and that the remainder
of the By-law shall continue in full force and effect.
SECTION 4.0
DEFINITIONS
Unless the context requires otherwise:
4.1 Ashes shall mean any cooled solid residue of any household fuel
after such fuel has been consumed by fire and includes soot, but
shall not include ashes which accumulate as a result of building
construction or demolition.
4.2 Backyard Composting shall mean is encouraged with the following
household waste - fruit and vegetable peelings, egg shells, coffee
grounds, ashes and any other organic matter. Composting
information is available through the County of Peterborough.
4.3 Bag Limit shall mean the number of approved containers allowed
for waste materials as defined or outlined in the program guidelines
or by-laws.
4.4 By-law or By-laws except where indicated otherwise, includes this
By-law and any amendments thereto including any Schedules
forming any part of this By-law and amendments thereto, as enacted
by the Council from time to time.
4.5 Certificate of Approval or Provisional Certificate of Approval or
Environmental Compliance Approval shall mean a Certificate
issued by the appropriate Provincial or Federal agency permitting the
Township and/or County to operate a waste management system or
waste disposal site and related activities.
4.6 Collection Contractor shall mean a company, person, corporation of
partnership performing collection and haulage of waste under
contact with the municipality.
4.7 Collection Day shall mean between the hours of 7:00 am ( 0700
hours) and 7:00 pm (1900 hours).
4.8 Construction or Demolition Debris shall mean waste which results
from erection, alteration, or demolition of any structure or part
thereof, including earth or stone from excavations.
4.9 Container (or Bag) shall mean a galvanized metal or plastic
container for the storage and collection of garbage. One container
shall mean one standardized size of garbage bag of dimensions of
approximately 24 inches x 36 inches (61 cm x 91 cm) or 17 imperial
gallons (77 L). No container shall weigh more than 30 pounds (13.6
kg).
4.10 Council shall mean the Council of the Township of Otonabee-
South Monaghan.
4.11 County shall mean The Corporation of the County of Peterborough.
4.12 Director/Supervisor shall mean any person or corporation from
time to time named by the Council to carry out the collection and
disposal of garbage and non-recyclable waste
4.13 Dwelling or Household shall mean a unit consisting of one or more
rooms designed for use as a single housekeeping establishment.
4.14 Garbage (Household Waste) shall mean all rejected, abandoned, or
discarded household waste, sweepings including that of animal
origin.
4.15 Garbage (Large) shall include mattresses, crates, packing material,
major appliances (refrigerators (once freon is removed), washers,
dryers, stoves, etc.) ordinarily operated by gas or electric, large
household furnishings such as all other large and/or bulky articles
actually used in the home (chairs, sofas, tables, beds, carpets, etc.)
and can be disposed of at the Landfill and/or Transfer Station.
4.16 Hazardous Waste or Biohazardous or Household Hazardous
Waste or Municipal Hazardous and/or Special Waste (MHSW)
shall mean any substance for household or commercial use that is
dangerous, corrosive, flammable, poisonous or explosive, including
but not limited to, those items listed in Schedule "A" to this By-law
and any other similar material.
4.17 Leaf and Yard Waste shall mean items listed in Schedule "A" to this
By-law.
4.18 Non-Collectable Waste or Prohibited Waste shall mean any waste
or matter other than garbage and non-recyclable material as set out
in Schedule "B" to this By-law.
4.19 Non-Recyclable Waste shall mean rags, sweepings, rubber,
leather, crockery, shells, clothing, dirt, filth, and similar waste
material.
4.20 Recyclable Waste shall mean the list of items as set out on the
County of Peterborough's website (www.county.ptbo.ca).
4.21 Re-use shall mean the action of taking something and using it again.
4.22 Scavenge or Salvage shall mean to sort through and collect
materials from recyclable materials, leaf and yard materials,
household hazardous waste, bulky items, white goods or garbage,
that has been deposited at a waste disposal site without permission.
4.23 Street shall mean any public highway, road, lane, alley, square, place,
thoroughfare or way within the Township of Otonabee-South
Monaghan.
4.24 Township shall mean the Corporation of the Township of
Otonabee-South Monaghan
4.25 Tree Limbs, Brush and Clean Wood (over 1 ½" in diameter) and
these wastes can be disposed of at the Landfill and/or Transfer
Station. Clean wood includes untreated lumber and wood products
such as pallets and raw lumber, but does not include painted wood,
treated wood, paneling, pressboard or similar products.
4.26 Waste Disposal Site or Depot or Transfer Station shall include any
area of land designated as such to be used for the waste approved
by the Ministry of the Environment and Climate Change.
4.27 Waste or Solid Waste or Municipal Solid Waste shall include
recyclable materials, household hazardous waste, waste electronic or
electrical equipment, source separated organics, leaf and yard
material, bulky items, and garbage.
SECTION 5.0
SUPERVISION
5.1 The proper collection and disposal of garbage and non-recyclable
waste shall be placed under the control of the Supervisor who shall
be responsible to the Council either directly or through the
Administrator as directed by Council.
5.2 In the event of it appearing during the administration of the
provisions of this by-law that there is any matter or thing requiring
to be dealt with as to which no provisions have been made or as to
which the terms of this by-law are not clear, or which is in dispute,
the Director and/or Supervisor is hereby authorized to take such
steps as are in his/her judgement advisable and to report the
matter at the first opportunity to the Township Administrator
and/or the Township Council.
SECTION 6.0
COLLECTION PROCEDURE
6.1 Curbside collections shall be made from all residential and
business premises in the Township except for those which
are located on roads that are not passable or located on
islands.
6.2 The collection of garbage and non-recyclable waste in, and
on behalf of the Township, shall be made once each week
from each collection point.
6.3 Material set out for collection shall normally be placed on the same
side of the road as mailboxes are, or would be placed as close as
possible to the edge of the road, or at the curb or on the boulevard
or a public street in front of or adjacent to the residential or industrial
establishment, without obstructing the roadway, sidewalk, mail
delivery and/or snowplowing. The Director and/or Supervisor shall
have the authority to designate the precise point at which
material shall be placed for collection.
1.
Where there is a change made to the precise point at
which material shall be placed for collection, as
determined to be necessary by the Director and/or
Supervisor, written notice shall be given to affected
property owner/resident
6.4 Material for collection shall not be placed beside a highway, roadway,
or other public property before 6:00 p.m. on the day preceding
collection and shall be placed at the prescribed location for collection
not later than 7:00 a.m. on the "collection day".
6.5 Empty containers as well as all material which the collector
refuses must be removed from the highway or from public
property by the occupant of the premises from which they came,
before 8:00 p.m. on the same day that the garbage is collected
or
the material refused.
6.6 Collection from:
1.
Any dwelling shall consist of a total of not more than
two (2) containers as defined in Section 4.3,
per collection.
2.
Any business, educational, religious or municipal
establishment shall consist of a total of not more than
four (4) containers, as defined in Section 4.3, per
collection.
6.7 Notwithstanding Section 4.6 containers in excess of the limits
established in Section 4.6 shall be the responsibility of the owner to
take to the Landfill or Transfer Station and pay the required disposal
fee.
6.8 Construction debris, major appliances and large household
furnishings, and recyclable waste shall not be collected curbside by
the Township but may be disposed of by an owner or tenant of land
in the Township or his/her authorized agent at the Landfill or Transfer
Station where charges will be assessed for the use of the site.
6.9 Any appliances or other items (e.g. refrigerator, freezer, and air
conditioner) containing Freon will be subject to a charge, in addition
to the normal tipping fee, as set out in the Transfer Station Fees and
Charges. This fee will be waived if the appliance or item has attached
thereto a certificate duly completed by a proper licenced authority
that the Freon has been removed.
6.10 Notwithstanding Section 4.14:
1.
Recyclable Material will be accepted at the Township
Transfer Station.
6.11 Notwithstanding Section 4.14 and 4.17 Garbage and Non-
recyclable material may be disposed of by an owner or tenant of land
in the Township, or his authorized agent, at the Township Transfer
Station where charges will be assessed
SECTION 7.0
HOUSEHOLDERS' RESPONSIBLITIES
7.1 No person shall permit garbage, or other refuse matter to be blown
or dropped from the premises occupied by that person or from a
vehicle owned or operated by that person onto any land, street,
roadway, lake, river, or other waterway, or other public property in
the Township of Otonabee-South Monaghan.
7.2 No person shall sweep, throw, drop or place, or cause to be swept,
thrown, dropped or placed, any garbage, or other refuse matter of
any kind on any land, street, roadway, lake, river or other waterway,
or other public property in the Township of Otonabee-South
Monaghan except for and in the manner approved for collection as
hereinafter provided.
7.3 No person shall place, or permit to be placed or remain on or
in any street, any article or thing in the nature of garbage except as
herein expressly authorized or as may be authorized by the Director
and/or Supervisor.
7.4 Recyclable material must be separated from garbage and non-
recyclable material and kept in receptacles or containers in
accordance with the provisions herein.
7.5 Every household & business shall provide sufficient proper
receptables of not more than a maximum capacity of approximately
standardized size of garbage bag of dimensions of approximately 24
inches x 36 inches (61 cm x 91 cm) or 17 imperial gallons (77 L). No
container shall weigh more than 30 pounds (13.6 kg).
Receptacles shall have suitable handles, shall be kept dry and
regularly disinfected. Receptacles which are smaller at the top than
at the bottom shall not be used for the deposit of garbage and all
receptacles therefore shall be circular or rectangular in construction
and every householder shall maintain the said receptacles in proper
order and repair for the dwelling occupied by said person.
Effective
January
11,
2021,
notwithstanding
any
other
provisions of this By-law proper receptacles shall be deemed to be
clear polyethylene plastic bags of minimum 1.5 gauge thickness, and
sound condition, with maximum content of thirty (30) pounds (13.6
kg).
7.6 Pick-Up Limits - Households
Every clear polyethylene plastic bag may contain one (1) small privacy
bag (shopping or grocery bag) for personal items.
Bags or receptacles, in excess of two (2) per collection shall NOT be
collected by the collector.
7.7 Pick-Up Limits - Businesses
Bags or receptacles, in excess of four (4) per collection shall NOT be
collected by the collector.
Every clear polyethylene plastic bag may contain one (1) small privacy
bag (shopping or grocery bag) for personal items.
7.8 Every householder and business shall thoroughly drain all
garbage, before placing it in receptacles or containers. No liquid
materials shall be placed in receptacles or containers and receptacles
and containers having such materials mixed with garbage shall not
be emptied by the collector.
7.9 No householder or business shall allow garbage, or other refuse to
accumulate upon any premises nor keep a garbage dump or
receptacle or repository for waste materials on his/her premises, in
such condition or in such a location that the same is a nuisance or
emits foul or offensive odours or harbours or attracts rats or other
vermin or insects and the body of any dead animal must be promptly
disposed of by the owner thereof, so that the same shall not become
a nuisance.
7.10 All garbage and non-recyclable material to be collected by the
Township must be placed and kept in containers. Containers shall be
kept dry and regularly disinfected and shall be maintained in proper
order and repair. No containers shall be filled above the top level.
7.11 On the days of collection all such receptacles shall be placed as
close to the edge of the roadway without obstructing the
roadway, sidewalk, or footpath and shall be placed in a
position easily accessible to the collector and approved by the
Director and/or Supervisor.
SECTION 8.0
COLLECTOR'S RESPONSIBILITIES
8.1 The person(s) employed as collectors shall follow the laid out
routes and conform to all instructions as set out by the
Collector. The work of each route shall be completed daily and the
collectors shall be courteous and render every reasonable service to
the householders for the proper execution of the work.
8.2 The collector shall handle all receptacles with due care and after
thoroughly removing their contents, shall replace the lids and place
them where taken from. The collector shall not overload any truck
nor allow any of the contents to fall therefrom and shall carefully
gather up any refuse, which may have been spilled on the ground.
8.3 In no instances shall the collector be called upon to make
collections from any point which, in the opinion of the
Director and/or Supervisor, is unreasonably inconvenient or
dangerous to any employee, nor shall the collector be
required to remove containers from any point other than that
designated by the Supervisor, and then only from containers in
accordance with the definition provided in Section 4 of this by-law.
8.4 No salvaging of any description shall be conducted either on the
collection routes or in and around the disposal area.
8.5 The Collector shall provide a vehicle, which is suitable to travel private
roads in order to provide collection services to cottages where the
private road is maintained in a passable condition.
8.6 Except by order of the Director and/or Supervisor, no township
vehicle shall enter a privately owned roadway or land or other private
property for the purpose of garbage collection.
8.7 No Collector shall be required to enter any house, apartment house,
or other building or ascend or descend any stairway or enter any
elevator, hoist or loading platform for the purpose of garbage
collection.
8.8 Where, in the opinion of the Collector, there are reasonable
grounds to suspect that there is recyclable waste in any
garbage
container
placed
for
collection,
the
Collector
is
authorized to open such container to ascertain the contents
thereof. The garbage container will be tagged and the
Collector shall not pick up the container.
SECTION 9.0
ADMINISTRATION
9.1 The Director and/or Supervisor is hereby authorized and
required to do all things which are required or empowered to do
under the provisions of this By-law or any other By-law of the
Township relating thereto.
9.2 In the event of it appearing during the administration of the
provisions of this By-law that there is any matter or thing
requiring to be dealt with as to which no provision has been made
or as to which the terms of this By-law are not clear, or which is in
dispute, the Director and/or Supervisor is hereby authorized to take
such steps as are in his/her judgement advisable and to report the
matter at the first opportunity to the C.A.O. or designate.
SECTION 10.0
SCOPE, DEFRAYMENT, OR EXPENSE
10.1 The expense of the collection, removal and disposal of
garbage and refuse from the Township of Otonabee-South
Monaghan shall be borne by the owners or occupants of the land in
the municipality.
SECTION 11.0
TRANSPORTATION OF REFUSE
11.1 Any person or persons carrying or taking garbage or other refuse to
the Township Transfer Station in an uncovered vehicle of any kind
shall at all times have and keep the said garbage or other refuse
covered by a tarpaulin, canvas covering or other suitable covering,
within a vehicle whose sides extend higher than the content therein,
in such a manner as to prevent the said garbage or other refuse
falling upon the streets or highways leading thereto.
11.2 The above provision shall apply when garbage or other refuse is
being transported upon any highway, so defined by the Highway
Traffic Act, within the Township of Otonabee-South Monaghan and
upon any other such highway leading to the Township of Otonabee-
South Monaghan transfer station provided, however that such
regulation is not contrary to any regulation imposed by any other
municipality or authority having jurisdiction over such other highway.
11.3 Any vehicle traversing the Township Transfer Station shall do so
under the direction of the Director and/or Supervisor or the Transfer
Station Attendant in charge of the site be directed or dispersed by
said person in such a manner and to such place or position as he/she
may deem fit, in order that the intent and purpose of this By-law may
be carried out and the said Director and or Supervisor or Transfer
Station Attendant may at any time refuse any person dumping or
disposal privileges upon the said Site if his/her directions and
instructions are not carried out in the satisfactory manner by such
person. Such vehicles using the said Transfer Station shall do so at
their own risk and shall save the Township harmless from any
damages or claims which may arise from their use of the said site.
11.4 The decision of the Director and/or Supervisor or the Transfer Station
Attendant shall be final.
SECTION 12.0
ENFORCEMENT AND PENALTY
12.1 For the purposes of this by-law, household garbage and non-
recyclable waste shall not be collected unless the recyclable waste
components have been separated and garbage is contained within
clear bags.
12.2 No collection if visually more than 10% of recyclable materials is
contained within the container or clear bags.
12.2 In the event that any section or sections of this by-law or parts thereof
are found by a Court of competent jurisdiction to be invalid or ulta
vires, such sections or parts thereof shall be deemed to be severable,
with all other sections or parts of this by-law remaining in full force
and effect.
12.3 Every person who contravenes any of the provisions of this by-law is
guilty of an offence and is liable, upon conviction, to a fine as set out
in the Provincial Offences Act.
12.4 Where any person fails to comply with the requirements or
provisions of this by-law, such matter or thing may be done at such
person's expense by the municipality, and the municipality may
recover expenses therein incurred.
12.5 The
Collector
shall
collect
from
each
dwelling,
business,
educational, religious or municipal establishment only the
number of bags as set out in section 6.6(1) and (2) hereof.
SECTION 13.0
13.1 This by-law shall come into full force and effect on January 11th, 2021
and that By-law 2007-21 is hereby repealed in its entirety.
Read a First time this 11th day of January, 2021.
Read a Second and Third time, signed and sealed with the Corporate Seal this
11th day of January A.D. 2021.
___________________________
Mayor - Joe Taylor
___________________________
Clerk - Heather Scott
SCHEDULE "A"
THIS IS SCHEDULE "A" TO BY-LAW NO. 2021-
Recyclable/Blue Box Materials
Hazardous Waste or Biohazardous or Household Hazardous Waste or
Municipal Hazardous and/or Special Waste (MHSW)
1. Recyclable/Blue Box Materials
List of items as set out on the County of Peterborough's website
(www.county.ptbo.ca)
The following materials are accepted for the purposes of recycling or reclamation
and/or appropriate disposal at designated depots or the Transfer Station:
2. MHSW and/or Household Hazardous Waste (HHW) includes any
household product, materials or item labelled as "corrosive" or "toxic";
"reactive"; "explosive"; "oxidizing"; "poisonous"; "infectious"; and or
"flammable"; including but not limited to:
- Aersols (with contents);
- Antifreeze;
- Automotive fluid (all);
- Cosmetics/make-up;
- Fertilizers;
- Fuel/gasoline;
- Fire extinguishers;
- Flammable liquids and solids;
- Fluorescent light bulbs (compact and tubes);
- Halogenated pesticides;
- Ignitable gas cylinders;
- Inorganic acids, bases, cyanides and oxidizers;
- Isocyanides;
- Medications (all);
- Mercury switches;
- Non-basic fire suppressants;
- Non-ignitable gas cylinders;
- Non-PCB light ballasts;
- Non-halogenated pesticides;
- Oil/motor-oil;
- Oil-filters;
- Organics oxidizers;
- Paint and strain and paint sludge;
- Pool chemicals;
- Propane cylinders and small tanks (50 kg/100lb max)
- Sealants and glues;
- Soap and toiletries;
- Thinners;
- Any other item designated by the "County" to be "MHSW" (See
www.county.ptbo.ca)
3. Waste Electronic and Electrical Equipment or "WEEE" includes:
- Televisions;
- Computers;
- Desktop monitors;
- Printers;
- Computer components;
- Photocopiers;
- Telephones;
- Tape and disk players;
- VHS/DVD players;
- Cameras;
- Ink jet cartridges;
- Cell phones and PDAs;
- Any other item designated by the "County" to be "MHSW" (See
(www.county.ptbo.ca)
4. Leaf and Yard Material includes but is not limited to:
- Leaves;
- Limited amounts of grass clippings (10% total volume);
- Garden roots and cuttings;
- Hedge and shrub trimmings;
- Brush cuttings;
- Twigs and branches;
- Christmas trees;
- Other plant material
Schedule "B"
THIS IS SCHEDULE "B" TO BY-LAW NO. 2021-
1. Any load containing more than 10% by volume of recyclable materials may
be refused.
2. Any garbage not in clear bags may be refused or residents will be asked to
re-bag at the Transfer Station.
3. Controlled Waste is prohibited from acceptance for disposal at the Transfer
Station as it requires special handling. Inquiries regarding disposal may
contact the Peterborough County/City Waste Management Facility.
Controlled waste includes but is not limited to:
- Asbestos, dry or slurry
- Contaminated soil
4. Prohibited Waste is non-acceptable waste materials at the Transfer Station:
- Pathological waste;
- Pharmaceuticals including sharpies;
- Manure originating from agricultural activity;
- Sludge or any product from a Waste Treatment Plant