Waste Management By-law No. 2005-151

Owen Sound, Ontario · adopted 2005-08-08

This is the exact embedded text of the captured official document. Snapshot 58467ad14160 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

By-law No. 2005-151 "A By-law to Regulate the Collection and Disposal of Garbage and Recyclable Materials" Originally Passed and Enacted August 8, 2005 Amended By By-law: Passed On: 2007-177 August 27-2007 2009-110 June 15, 2009 2010-119 June 14, 2010 2017-175 December 4, 2017 2023-034 March 27, 2023 Consolidated Version Revised March 28, 2023 Consolidated for Convenience Only This is a consolidation copy of a City of Owen Sound By-law for convenience and information. While every effort is made to ensure the accuracies of these by-laws, they are not official versions or legal documents. The original by-laws should be consulted for all interpretations and applications on this subject. For more information or original signed copies of by-laws please contact the City Clerk's Department. BY-LAW NO. 2005 - 151 THE CORPORATION OF THE CITY OF OWEN SOUND A BY-LAW TO REGULATE THE COLLECTION AND DISPOSAL OF GARBAGE AND RECYCLABLE MATERIALS INDEX Section Page No. 1 Short Title 1 2 Interpretation 1-3 3 Recyclable Materials Collection 4 4 Garbage Collection 4-5 5 Transfer Station 5 6 Recycling Drop-off Centre 5 7 Leaf and Yard Waste Composting Program 5 8 Household Hazardous Waste Program 6 9 Goods Exchange Day Program 6 10 Backyard Composter Program 6 10.5 Waste Receptacles on Public Property 6 11 Schedules 6 12 Definitions and Interpretations 7 13 Headings Not Part of By-Law 7 14 Enforcement and Penalty 7 15 Fees 7 16 Numerical Values 7 17 Terms Severable 7 18 By-Law Repealed 7 19 Effective Date 7 Schedule 'A' Regulations Part 1 : Collection Part 2 : Downtown Collection Area Part 3 : Transfer Station Disposal Schedule 'B' Acceptable Recyclable Materials Part 1 : Curbside Blue Box Sorting Guide Part 2 : Recycling Roll-out Cart Sorting Guide Part 3 : Recycling Drop-off Centre Part 4 : Corrugated Cardboard Schedule 'C' Waste Container Requirements Schedule 'D' Waste Management Collection Schedule Schedule 'E' Downtown Collection Area and Industrial Park Maps Schedule 'F' Prohibited Waste Materials Schedule 'G' Garbage Bag Tag Program Form 1 : Multi-Unit Residential Building Bag Tag Agreement Form 2 : Commercial/Institutional Bag Tag Agreement Form 3 : Vendor Distribution Agreement Schedule 'H' Leaf and Yard Waste Composting Program Schedule 'I' Household Hazardous Waste Program Schedule 'J' Electronics Recycling Program Schedule 'K' Goods Exchange Day Program Schedule 'L' Backyard Composter Program BY-LAW NO. 2005 - 151 THE CORPORATION OF THE CITY OF OWEN SOUND A BY-LAW TO REGULATE THE COLLECTION AND DISPOSAL OF WASTE AND RECYCLABLE MATERIALS WHEREAS City Council deems it desirable to consolidate all rules and regulations for the collection and disposal of waste and recyclable materials. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS: 1. SHORT TITLE 1. This By-Law shall be known and may be cited as the "Waste Management By-Law". 2. INTERPRETATION 2.1 Where more than one definition appears in this By-Law, the definition in the applicable Schedule shall take precedence. 2.2 Notwithstanding 2.1, in this By-Law: 2.2.1 Approved Container shall mean a garbage container, yard waste container or a recycling container as prescribed in Schedule 'C' Recycling and Waste Container Requirements. 2.2.2 Ashes shall mean the 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. 2.2.3 Backyard Composter shall mean a ventilated plastic container sold by the City or similar container designed to contain and facilitate the decomposition of household organic materials excluding meat and dairy products. 2.2.4 Blue Box shall mean an approved container which meets the requirements described in Schedule 'C' Recycling and Waste Container Requirements. 2.2.5 Brush, Branches, Logs and Stumps shall mean hedge, bush and tree trimmings, tree branches, logs and stumps as described in Schedule 'H' Leaf and Yard Waste Composting Program. 2.2.6 City shall mean The Corporation of the City of Owen Sound and includes a person the City has entered into a contract with to perform all or part of its duties hereunder. 2.2.7 Commercial shall mean anything pertaining to premises occupied and used solely for retail, wholesale, or service purposes, including recreational, office, non-residential, commercial and non-institutional purposes, and shall not include a portion of a domestic residence. 2.2.8 Corrugated Cardboard shall mean and include all material made from corrugated paper, excluding wax or plastic-coated cardboard, packaged according the requirements of Schedule 'B' Acceptable Recyclable Materials. 2.2.9 Disposable Waste Materials shall mean waste other than Recyclable Materials, Leaf & Yard waste, Prohibited Waste, Household Hazardous Waste and non-collectible waste. 2.2.10 Domestic shall refer to anything pertaining to premises occupied and used solely as human habitation. 2.2.11 Downtown Collection Area shall mean the area identified as such on the map attached hereto as Schedule "E", Downtown Collection Area and Industrial Park Maps. BY-LAW NO. 2005- 151 Page 2 2.2.12 Enforcing Officer means a Police Officer who is a member of the Owen Sound Police Services or a Municipal By-law Enforcement Officer appointed for the City to enforce the provisions of the City of Owen Sound By-laws, or a person specially appointed by Council to enforce only specific provisions of this By-law. 2.2.13 Garbage Bag shall mean an approved bag which meets the requirements for a garbage bag described in Schedule "C" Recycling and Waste Container Requirements. 2.2.14 Garbage Container shall mean an approved container which meets the requirements for a garbage container described in Schedule "C" Recycling and Waste Container Requirements. 2.2.15 Goods Exchange Day shall be those days designated on Schedule "D", Waste Management Collection Schedule for placing usable items at the curb for collection by other persons as prescribed in Schedule 'K' Goods Exchange Day Program. 2.2.16 Household Hazardous Waste shall mean the products and substances listed in Schedule "I" Household Hazardous Waste Program. 2.2.17 Household Hazardous Waste Depot shall mean the collection depot operated by the City for the purpose of receiving and diverting Household Hazardous Waste from residents of the City and participating municipalities. 2.2.18 Industrial shall mean anything pertaining to premises wherein processing, preparation or manufacturing is carried on. 2.2.19 Industrial Park shall mean the area identified as such on the map attached hereto as Schedule "E", Downtown Collection Area and Industrial Park Maps. 2.2.20 Institutional shall mean anything pertaining to schools, hospitals, libraries, places of worship, City-owned properties, facilities which provides community support services or other non-profit agency or other property designated by the City Environmental Superintendent. 2.2.21 Kitchen Compost Container shall mean a bucket with a tight-fitting lid sold by the City for the purpose of temporarily storing kitchen organics prior to composting. 2.2.22 Leaf and Yard Waste shall include only those materials defined as such in Schedule 'H' Leaf and Yard Waste Composting Program as being organic materials accepted at the Leaf and Yard Waste Compost Site. 2.2.23 Leaf and Yard Waste Compost Site shall mean the Leaf & Yard Waste Composting Site operated by the City of Owen Sound in the Industrial Park north of 20th Street East and west of 28th Avenue East. 2.2.24 Lumber shall mean all machined dimensional lumber, pressure- treated lumber, plywood, particleboard and demolition and construction lumber. 2.2.25 Mini Blue Box shall mean a City of Owen Sound rigid plastic container approximately 15 litres in capacity for use within apartment buildings described in Schedule "C" Waste Container Requirements. 2.2.26 Occupant shall mean a person or persons over the age of eighteen years in possession or control of a property. 2.2.27 Owen Sound Garbage Tag shall mean a tag or sticker purchased from the City or its authorized agents, at a fee approved by Council, to be affixed to each waste container or bag set out for collection by the City as described in Schedule 'G' Garbage Bag Tag Program. 2.2.28 Owner includes any registered owner, occupant, resident, lessee or tenant of residential dwelling and includes any person managing any residential building on behalf of the owner. 2.2.29 Person shall mean an individual, association, partnership, corporation, municipality or an agent or employee of such a person. BY-LAW NO. 2005- 151 Page 3 2.2.30 Premises shall mean and include one self-contained dwelling, commercial or institutional unit, and in cases where buildings are subdivided and in possession of two or more occupants, each occupant shall be deemed to be an occupant of premises within the meaning of this By-law. 2.2.31 Prohibited Waste Material shall mean those materials listed in Schedule 'F', Prohibited Waste Materials as being prohibited from curbside collection or disposal at the Transfer Station as Disposable Waste Materials. 2.2.32 Recyclable Electronics shall mean all those electronic components and their associated housings and wiring included in Schedule 'J', Electronics Recycling Program. 2.2.33 Recyclable Electronics Depot shall mean a bin, bunker or other container located at the Recycling Drop-off Centre for the express purpose of receiving Recyclable Electronics as defined by Schedule 'J' Electronics Recycling Program. 2.2.34 Refrigeration Units shall mean any appliance that contains or did contain a refrigerant such as Freon including but not limited to refrigerators, freezers, air conditioners and dehumidifiers. 2.2.35 Recyclable Drywall shall mean gypsum wall board sheets and parts thereof generated by construction, demolition and renovation projects as described in Schedule 'B' Acceptable Recyclable Materials, Part 3 Recycling Drop-off Centre. 2.2.36 Recyclable Materials shall include all those materials defined in Schedule 'B' Acceptable Recyclable Materials as being recyclable in the City. 2.2.37 Recycling Drop-Off Centre shall mean the City of Owen Sound Recycling Centre located at the Miller Waste Transfer Station at 2125 20th Avenue East in the City of Owen Sound. 2.2.38 Recycling Roll-out Cart shall mean a blue 240 or 360 litre wheeled plastic cart stamped with "Owen Sound Recycles" on one side and provided for the collection of recyclable material from apartment buildings, businesses and institutions as described in Schedule 'C' Waste Container Requirements. 2.2.39 Scavenging shall mean to sort through and collect materials from waste or recyclables placed out for collection or deposited at the Transfer Station or Recycling Drop-off Centre. 2.2.40 Transfer Station shall mean the Miller Waste Transfer Station located at 2125 20th Avenue East in the City of Owen Sound operated under the authority of Ministry of Environment Certificate of Approval number A620065. 2.2.41 Waste Management Calendar shall mean the timetable set out describing the days upon which acceptable disposable waste materials are collected attached as Schedule "D", Waste Management Collection Schedule. BY-LAW NO. 2005- 151 Page 4 3. RECYCLABLE MATERIALS COLLECTION 3.1 No person shall place any Recyclable Material at any location within the City except in a location and in a manner as prescribed by Schedule 'B', Acceptable Recyclable Materials and Schedule 'C' Waste Container Requirements. 3.2 Occupants of domestic premises (other than apartments serviced by Recycling Roll-out Carts) shall place only those materials listed on Schedule 'B', Part 1, Curbside Blue Box Sorting Guide, at the curb-side for collection as recyclables in the manner described in Schedule 'B' on the day designated on Schedule 'D' Waste Management Collection Schedule. 3.3 All Corrugated Cardboard from premises (not located in the Downtown Collection Area) shall be placed at the curb for collection before 8:00 am on the collection day and packaged in the manner described in Schedule 'B', Acceptable Recyclable Materials, Part 4, Curbside Corrugated Cardboard Collection once per month on the day designated on Schedule 'D' Waste Management Collection Schedule. 3.4 Recycling Roll-out Carts (from premises outside the Downtown Collection Area) shall be placed out at the curb on the date arranged with the City's Recycling Contractor before 8:00 am in the manner prescribed in Schedule 'A' Acceptable Recyclable Materials, Part 2, Recycling Roll-out Cart Sorting Guide. If a Statutory Holiday should fall on the day scheduled for Recycling Roll-out Cart collection, the collection will be made on the next business day. 3.5 All Recyclable Materials and their containers shall be placed out before 7:00 am on the designated collection day in the Downtown Collection Area. 3.6 Blue Boxes shall be made available to commercial premises and residents in the City on a full-cost-recovery basis. Blue Boxes will only be sold for their intended purpose of collecting recyclable materials. 3.7 Only Blue Boxes, Recycling Roll-out Carts and additional acceptable containers prescribed in Schedule 'C' Waste Container Requirements shall be used for placing Recyclable Materials at the curb for collection by the City or its agents. 3.8 Recycling Roll-out Carts distributed by the City remain the property of the City and must be used for their intended purpose of collecting recyclable materials or returned to the City. The distribution of Recycling Roll-out Carts to apartments buildings under 30 units and businesses shall be at the discretion of the Environmental Superintendent or designate. 3.9 Curbside collection of Fine Paper from Commercial and Institutional premises shall be a maximum of two (2) clear bags (maximum dimension 90 cm X 127 cm) once every two weeks on the Blue Box Collection Day indicated on Schedule 'D' Waste Management Collection Schedule. 3.10 No collection of Recyclable Materials shall be made by City staff or agents from Industrial premises. 3.11 Recyclable Materials from Industrial premises and Commercial premises located in the Industrial Park shall be delivered to the Recycling Drop-off Centre by the owners of the premises or their agents. 4. GARBAGE COLLECTION 4.1 No person shall place any disposable waste material at any location within the City except in a location and in a manner as prescribed by Schedule 'A', Regulations, Part 1 Collection and Schedule 'C' Waste Container Requirements. BY-LAW NO. 2005- 151 Page 5 Amended by By-law No. 2009-110 4.2 The City shall provide every other week collection service (weekly in the Downtown Collection Area as defined by Schedule 'E') for Disposable Waste Materials for every occupied premise within the limits of the city on the days prescribed by Schedule 'D', Waste Management Collection Schedule provided that the Disposable Waste Materials are set out in accordance with Schedule 'A', Regulations, Part 1, Collection and Schedule 'C', Waste Container Requirements. 4.3 Notwithstanding any other provisions in this By-law, Schedule `A', Regulations, shall define the rules for the collection and disposal of waste material and recyclable materials in all areas of the City, save and except for Industrial premises and premises located in the Industrial Park. 4.4 When garbage collection cannot be conducted on the regular day as prescribed in Schedule 'D' Waste Management Collection Schedule due to statutory holidays or any other reason, Disposable Waste Materials shall be collected on the closest Monday to the regular collection day. Council may from time to time adjust the Waste Management Collection Schedule. 5. TRANSFER STATION 5.1 No person shall deposit Prohibited Waste Materials specified in Schedule 'F', Prohibited Waste Materials at the Transfer Station or Recycling Drop-off Centre. 5.2 All persons shall follow the directions on posted signs and from staff of the privately owned and operated Transfer Station. 5.3 Waste disposal fees are set at the discretion of the site operator except where specified by agreement with the City. 6. RECYCLING DROP-OFF CENTRE 6.1 No person shall deliver any material to the Recycling Drop-off Centre except those materials listed in Schedule 'B' Acceptable Recyclable Materials, Part 3, Recycling Drop-off Centre and all Acceptable Recyclable Materials are to be sorted and deposited in the appropriate bin or location at the facility. 6.2 All persons shall follow the directions on posted signs and from staff of the privately owned and operated Recycling Drop-off Centre. 6.3 Recyclable Material Drop-off fees are set at the discretion of the site operator except where specified by agreement with the City. 6.4 No person shall deposit Recyclable Materials, Polystyrene and Styrofoam, Old Corrugated Cardboard or Recyclable Electronics at the Recycling Drop-off Centre unless the person is a resident or registered City property owner. 7. LEAF AND YARD WASTE COMPOSTING PROGRAM 7.1 No person shall place any Leaf & Yard Waste at any location within the City other than their own property, except in a location and in a manner as prescribed by Schedule 'H' Leaf and Yard Waste Composting Program. 7.2 No person shall deposit or cause to be deposited any material at the Leaf and Yard Waste Composting Site other than those materials specified in Schedule 'H' Leaf and Yard Waste Composting Program. 7.3 No person shall deposit any material at the Leaf and Yard Waste Composting Site unless the material originates within the City of Owen Sound or is specifically authorized to do so by the Environmental Superintendent or his designate. 7.4 No person shall remove any material from the Leaf and Yard Waste Composting Site unless the person is a resident or registered City property owner or is specifically authorized to do so by the Environmental Superintendent or his designate. BY-LAW NO. 2005- 151 Page 6 8. HOUSEHOLD HAZARDOUS WASTE PROGRAM 8.1 No person shall place any Household Hazardous Waste at any location within the City except in a location and in a manner as prescribed by Schedule 'I' Household Hazardous Waste Program. 8.2 No person shall deposit or cause to be deposited any material at the Household Hazardous Waste Site other than those materials listed in Schedule 'I' Household Hazardous Waste Program in the manner and on the dates prescribed by Schedule 'I' Household Hazardous Waste Program and Schedule 'D' Waste Management Collection Schedule. 9. GOODS EXCHANGE DAY PROGRAM 9.1 No person shall place material at the curb for Goods Exchange Day or collect material placed out for Goods Exchange Day except in accordance with the regulations prescribed in Schedule 'K' Goods Exchange Day Program. 10. BACKYARD COMPOSTER PROGRAM 10.1 No person shall purchase or maintain a Backyard Composter except in accordance with Schedule 'L' Backyard Composter Program. 10.2 No person shall purchase or use a Kitchen Compost Container except in accordance with Schedule 'L' Backyard Composter Program. Amended by By-law No. 2017-175 10.5 WASTE RECEPTACLES ON PUBLIC PROPERTY 10.5.1 No person shall deposit, or permit to be deposited, Household Waste into a garbage or recycling receptacle that is located on Public Property for the purpose of collecting garbage or recyclables generated on Public Property. 10.5.2 Household Waste shall include Disposable Waste Materials, Recyclable Materials, Recyclable Electronics, Leaf & Yard Waste, Prohibited Waste and Household Hazardous Waste which originates from Domestic premises. 10.5.3 Public Property means any property, which is owned or leased by the City, or property of a local board. 11. SCHEDULES 11.1 The following Schedules attached hereto shall form a part of this By- law: Schedule 'A' Regulations Part 1: Collection Part 2: Downtown Collection Area Part 3: Transfer Station Disposal Schedule 'B' Acceptable Recyclable Materials Part 1: Curbside Blue Box Sorting Guide Part 2: Recycling Roll-out Cart Sorting Guide Part 3: Recycling Drop-off Centre Part 4: Corrugated Cardboard Schedule 'C' Waste Container Requirements Schedule 'D' Waste Management Collection Schedule Schedule 'E' Downtown Collection Area and Industrial Park Maps Schedule 'F' Prohibited Waste Materials Schedule 'G' Garbage Bag Tag Program Form 1: Multi-Unit Residential Bag Tag Agreement Form 2: Commercial/Institutional Bag Tag Agreement Form 3: Vendor Distribution Agreement Schedule 'H' Leaf and Yard Waste Composting Program Schedule 'I' Household Hazardous Waste Program BY-LAW NO. 2005- 151 Page 7 Schedule 'J' Electronics Recycling Program Schedule 'K' Goods Exchange Day Program Schedule 'L' Backyard Composter Program 12. DEFINITIONS AND INTERPRETATIONS 12.1 For the purposes of this By-law, the definitions and interpretations given in this By-law shall govern. In this By-law, `shall' is mandatory; words in the singular include the plural; words in the plural include the singular; words used in the masculine gender include the feminine. 13. HEADINGS NOT PART OF BY-LAW 13.1 The headings in the body of this By-law form no part of the By-law but are inserted for convenience of reference only. 14. ENFORCEMENT AND PENALTY 14.1 This By-law shall be enforced by the Enforcing Officers as defined herein. For the purposes of enforcing the provisions of this By-law, Enforcing Officers may inspect garbage placed on public property. 14.2 Any person who contravenes the provisions of this By-law is guilty of an offence and upon conviction therefore is subject to the penalty set out in the Provincial Offences Act. 14.3 Any person who contravenes any provision of this By-law is guilty of an offence under the Provincial Offences Act. 14.4 In addition to prosecution under this By-law, the operating authority may prosecute violators of this By-law for trespassing or exercise any other statutory or common law rights. 15. FEES 15.1 All fees referenced in this By-Law may be found in the By-law to establish fees relating to Waste collection and Disposal for the City of Owen Sound. 16. NUMERICAL VALUES 16.1 All numerical values in this By-law are provided in metric form. In addition, imperial measure has been included as a reference, but only the metric value will constitute the legal value when interpreting the provisions of the By-law. 17. TERMS SEVERABLE 17.1 The terms and provisions of this By-Law shall be severable and should any term or provision be found by a court of competent jurisdiction to be legally unenforceable, inoperative or invalid, the remainder of this By-Law shall continue to be in full force and effect. 18. BY-LAWS REPEALED 18.1 By-law Numbers 1993-082, 1993-123, 1993-141, 1993-165, 1994- 028, 1994-088, 1994-184, 1995-020, 1996-041,1996-113, 1997-076, 1999-089, 1999-169, 2000-045, 2002-012, 2002-045, 2004-032, 2004-038, 2004-048, 2004-049, and 2004-061, 2004-096, 2004-169 are hereby repealed. 19. EFFECTIVE DATE 19.1 This By-law shall come into full force and effect upon the final passing thereof and receipt of approval of short form wording under the Provincial Offences Act. FINALLY PASSED AND ENACTED this 8th day of August, 2005. Signature on File Mayor Signature on File Clerk BY-LAW NO. 2005- 151 Page 8 REGULATIONS SCHEDULE 'A' To Waste Management By-law No. 2005-151 1. COLLECTION Amended by By-law No. 2009-110 1.1. Collection of acceptable Disposable Waste Material, to a maximum of four garbage containers every other week, shall be made from all domestic and commercial premises with the exception of the Downtown Collection Area where a maximum of three garbage containers will be collected each week. 1.2. Not included in the container limits described in Schedule 'A' Section 1.1 are the Blue Box and Corrugated Cardboard set-outs as described in Schedule 'B' Acceptable Recyclable Materials. 1.3. No person shall place more than the maximum number of garbage containers as specified herein for collection without the approval of the City. Amended by By-law No. 2009-110 1.4. The removal and proper disposal of any garbage containers over and above the four containers to be collected by the City once every other week (three containers once per week in the Downtown Collection Area) shall be the responsibility of the Owner. 1.5. Disposable Waste Material shall be drained and placed in a Garbage Container as prescribed in Schedule 'C' Waste Container Requirements. No ashes other than cold ashes shall be placed out for pick up. 1.6. Disposable Waste Materials, Garbage Containers, Blue Boxes and Recycling Roll-out Carts shall be kept on the premises, and; 1.6.1. No person shall place Disposable Waste, Garbage Containers, Blue Boxes or Roll-out Recycling Carts at any location other than at the curb directly adjacent to their premises. 1.6.2. No person shall place Disposable Waste Materials or Recyclable Materials in the location specified in Paragraph 1.6.1 of this Schedule except during the times specified in Paragraphs 1.6.3, 2.1 and 2.2 of this Schedule. 1.6.3. With the exception of the Downtown Collection Area, All Disposable Waste Materials shall be set out by 8:00 am the day of collection and not before 4:00 pm the previous evening. All empty containers or uncollected waste shall be removed by the Owner by 8:00 pm on the collection day. 1.6.4. Notwithstanding Paragraph 1.6.1 No person shall place Disposable Waste Material, Garbage Container, Blue Box or Recycling Roll-out Cart at the curb or on the boulevard or lawn adjacent to any premises without the express permission of the owner of that premises. 1.6.5. No person shall allow empty Garbage Container, Blue Box or Recycling Roll-out Cart not collected by the City to remain in the location specified in this By-law after 8:00 p.m. on the day specified in this By-law for collection. 1.7. In all apartment complexes and commercial premises including restaurants, grocery stores, fruit and vegetable stores, butcher shops, refreshment stands, flour and feed stores or in any premises where it is necessary to accumulate disposable waste materials in large amounts, the same shall be placed in containers and the contents shall be stored in a garbage room or bin so constructed that the same prevents the entrance of flies, rats and other vermin, and the said room or bin shall be maintained in a sanitary condition at all times. 1.8. Occupants and/or owners of premises must take reasonable care to prevent freezing of the contents of garbage containers. 1.9. Occupants and/or owners of premises shall place Garbage Container and BY-LAW NO. 2005- 151 Page 9 Blue Boxes out at the curb in such a way that they are not obscured by snow banks, vegetation or other obstruction. 1.10. Occupants and/or owners of premises shall not place Garbage Container and Blue Boxes on top of snow banks or any other location that cannot be easily accessed from the street. 1.11. Employees and agents of the City engaged in waste and recyclables collection shall be provided with suitable tools and shall gather up and remove any of the contents of the garbage container which may be spilled in handling. The said employees and agents shall replace the container as nearly as possible in the same location in which they were placed by occupants and/or owners of premises for pick up purposes. 1.12. Employees or agents of the City engaged in the collection of Disposable Waste Material or Recyclable Materials shall not enter private property to collect acceptable Disposable Waste Material or Recyclable Materials. 1.13. Notwithstanding anything to the contrary herein, no material which is highly combustible waste shall be collected by the City. 1.14. Highly combustible waste shall include but not be limited to; gasoline, oil, or other combustible liquid, or materials soaked with any of the same. 1.15. No Person shall pick over, interfere with, disturb, remove or scatter any Disposable Waste Materials, Garbage Container, Blue Box or Recycling Roll- out Cart placed for removal in accordance with this By-law, whether the same is contained in a Garbage Container or otherwise, unless the person is a representative of the City authorized for Disposable Waste Materials or Recyclable Materials collection, or a person authorized by the owner or occupant to remove the disposable waste materials of the said owner or occupant. 1.16. All Leaf and Yard Waste, Brush, Branches and Logs shall be disposed of at the City of Owen Sound Compost Site. 1.17. All Lumber that is not otherwise recycled shall be disposed of in the designated area at the Transfer Station. 1.18. All Recyclable Material (as defined by Schedule 'B' Acceptable Recyclable Materials) must be disposed of using the curbside recycling programs available to residents and businesses in the City of Owen Sound or at an appropriate recycling depot. 2. DOWNTOWN COLLECTION AREA 2.1. All Disposable Waste Materials from commercial and domestic premises located in the Downtown Collection Area shall be placed at the curbside for collection before 7:00 am on Wednesday morning and not before 4:00 pm the previous day and packaged in accordance with Schedule 'C', Waste Container Requirements. All empty containers or uncollected waste shall be removed by the Owner by 8:00 pm on the collection day. 2.2. All Recyclable Materials with the exception of Corrugated Cardboard from commercial and domestic premises located in the Downtown Collection Area shall be placed at the curb-side for collection before 7:30 am on the day designated on Schedule 'C' Waste Collection Calendar and not before 4:00 pm the previous day and packaged in accordance with Schedule 'B', Part 1, Curbside Blue Box Sorting Guide. 2.3. All Corrugated Cardboard from commercial and domestic premises located in the Downtown Collection Area shall be placed at the curb-side for collection each Wednesday morning before 7:30 am, not before 4:00 pm the previous day and packaged in accordance with Schedule 'B', Acceptable Recyclable Materials, Part 4, Curbside Corrugated Cardboard Collection. 2.4. Recycling Roll-out Carts shall be placed out at the curb on the date arranged with the City's Recycling Contractor before 7:30 am in the Downtown Collection Area in the manner prescribed in Schedule 'B' Acceptable Recyclable Materials, Part 2, Recycling Roll-out Cart Sorting Guide. BY-LAW NO. 2005- 151 Page 10 3. TRANSFER STATION DISPOSAL 3.1. No person shall dump Disposable Waste Materials in any area of the site unless expressly authorized to do so by the operating authority with the exception of: 3.1.1. Disposable Waste Material in the Disposable Waste Bins or Transfer Station Building. 3.1.2. Recyclable Materials in the Recycling Bins. 3.1.3. Recyclable Drywall in the Drywall Bin. 3.1.4. Recyclable Asphalt Shingles in the Shingles Bin. 3.1.5. Corrugated Cardboard in the Cardboard Bin. 3.1.6. Polystyrene and Styrofoam in the Styrofoam Bin. 3.1.7. Metal products in a scrap metal bin. 3.1.8. Motor vehicle tires in the tire bunker. 3.1.9. Appliances containing chlorofluorocarbon (CFC) refrigerants in the refrigerator bunker. 3.2. No person shall enter the Transfer Station hauling disposable waste materials in a truck or trailer unless the load is completely enclosed or equipped with a suitable covering or otherwise secured to prevent any of the load from leaving the vehicle prior to dumping in the permitted area. 3.3. Young children and pets must remain in vehicles while on the site. 3.4. No person shall carry on scavenging at the site. 3.5. Any person delivering a load of disposable waste materials with more than five percent (5%) but less than ten percent (10%) of Prohibited Waste Materials as defined by Schedule 'F' Prohibited Waste Materials to the Transfer Station Building or Disposable Waste Material Bin shall be issued a notice on the first occasion and shall be subject to a surcharge levied by the Transfer Station operator for each subsequent occurrence of similar magnitude 3.6. Any person delivering a load of disposable waste materials with more than ten percent (10%) of Prohibited Waste Materials as defined by Schedule 'F' Prohibited Waste Materials to the Transfer Station Building or Disposable Waste Material Bin shall be issued a notice on the first occasion and shall be subject to a surcharge levied by the Transfer Station operator for each subsequent occurrence of similar magnitude. 3.7. The percentage of Prohibited Materials present in any given load of disposable waste materials shall be visually determined by the Transfer Station operator and/or Enforcing Officers and their decision shall be deemed final. 3.8. No person shall bring to the Transfer Station for disposal, any disposable waste materials which are not deemed acceptable at this site in accordance with the Certificate of Approval issued by the Ministry of Environment or other authorized Provincial Agency. 3.9. In cases where the type of disposable waste materials to be deposited at the site is questioned, the Transfer Station operator and/or Enforcing Officer shall be the final authority and their decision shall be deemed final. 3.10. Any appliance that contains or did contain a refrigerant (including but not limited to: refrigerators, freezer, beverage coolers, dehumidifiers and air conditions) must be certified empty by a technician holding a valid "Ontario Ozone Depletion Prevention" card prior to entering the site, or the person delivering the appliance must pay applicable fee for draining the refrigerant from the appliance as set by the Transfer Station operator. BY-LAW NO. 2005- 151 Page 11 ACCEPTABLE RECYCLABLE MATERIALS SCHEDULE 'B' To Waste Management By-law No. 2005-151 1. ACCEPTABLE CURBSIDE BLUE BOX MATERIALS 1.1. Acceptable Curbside Blue Box Materials are limited to: 1.1.1. Newspaper, inserts and flyers, fine paper including office paper, construction paper and envelopes without plastic windows. 1.1.2. Glossy magazines and catalogues, telephone directories and paperback books. 1.1.3. Boxboard including wax and plastic coated boxboard and polycoat containers such as drinking boxes. 1.1.4. Aluminium and steel food and beverage cans that have been rinsed. 1.1.5. Clean Aluminium pie plates and foil. 1.1.6. Bottles, jars and glass beverage containers excluding drinking glasses, tumblers and cups. 1.1.7. PETE #1 plastic scoops, beverage and food containers. 1.1.8. Clean plastic containers (excluding 20 litre (5 gallon) pails and motor oil containers) marked as being manufactured from HDPE #2, V or PVC #3, LDPE #4, PP #5, and Other #7. 1.1.9. Empty steel paint cans with the lids removed for inspection and empty aerosol cans. 1.1.10. Clean metal pots, pans and kitchen utensils without plastic handles and smaller than 46 cm (18 inches) in any dimension. 1.2. All Blue Box Materials shall be placed at the curb in the manner illustrated on the following Blue Box Sorting Guide: BY-LAW NO. 2005- 151 Page 12 2. RECYCLING DROP OFF CENTRE 2.1. Recyclable Materials accepted at the Recycling Drop-off Centre are limited to: 2.1.1. Newspaper, inserts and flyers, fine paper including office paper, construction paper and envelopes without plastic windows. 2.1.2. Glossy magazines and catalogues, telephone directories and paperback books. 2.1.3. Boxboard including wax and plastic coated boxboard and polycoat containers such as drinking boxes. 2.1.4. Aluminium and steel food and beverage cans that have been rinsed. 2.1.5. Clean Aluminium pie plates and foil. 2.1.6. Bottles, jars and glass beverage containers excluding drinking glasses, tumblers and cups. 2.1.7. PETE #1 plastic scoops, beverage and food containers. 2.1.8. Clean plastic containers (excluding 20 litre (5 gallon) pails and motor oil containers) marked as being manufactured from HDPE #2, V or PVC #3, LDPE #4, PP #5, and Other #7. 2.1.9. Empty steel paint cans with the lids removed for inspection and empty aerosol cans BY-LAW NO. 2005- 151 Page 13 2.1.10. Clean metal pots, pans and kitchen utensils without plastic handles and smaller than 12 inches in any dimension. 2.1.11. Clean Styrofoam and Polystyrene #6 plastics without cardboard or any other material attached. 2.1.12. Corrugated Cardboard. 2.1.13. Recyclable Drywall shall be limited to gypsum wall board sheets and parts thereof generated by construction, demolition and renovation projects. Recyclable Drywall may be painted but must be separated from other construction and demolition materials. 2.1.14. Recyclable Shingles separated from other construction and demolition materials. 2.1.15. Scrap Metal and White Goods. 2.1.16. Motor vehicle tires. 2.1.17. Appliances containing chlorofluorocarbon (CFC) refrigerants. 2.2. All Recyclable Material delivered to the Recycling Drop-off Centre shall be free of contaminants and shall be deposited in the appropriate container. 3. RECYCLING ROLL-OUT CARTS 3.1. Recyclable Materials shall be placed in the appropriate Recycling Roll-out Cart as illustrated below with the exception of single carts placed in Public Access Areas in which metal, plastic and glass beverage containers may be mixed. 4. CORRUGATED CARDBOARD 4.1. All recyclable Corrugated Cardboard placed at the curb for pick-up shall be broken down and tied in bundles or tightly packed into a recyclable cardboard container not exceeding 1 metre in any dimension or 18 kilograms (40 pounds) in weight. Recyclable cardboard will not be picked up as refuse by City garbage crews. 4.2. Corrugated Cardboard shall not be contaminated by other materials such as Styrofoam packing materials. 4.3. Corrugated Cardboard delivered to the Recycling Drop-off Centre shall be flattened and placed in the appropriate container. BY-LAW NO. 2005- 151 Page 14 RECYCLING AND WASTE CONTAINER REQUIREMENTS SCHEDULE 'C' To Waste Management By-law No. 2005-151 1. BLUE BOXES 1.1. Blue Boxes sold by the City or other plastic containers of a similar size, dimensions (35cm x 50cm x 30 cm deep), weight and strength are the only acceptable containers for placing cans, plastic and glass bottles at curb side for collection, except in the case of apartment buildings, businesses and institutions using Recycling Roll-out Carts. 1.2. The City shall not collect cans, plastic and glass bottles from bags or garbage containers. 1.3. Paper and Boxboard shall be placed out in paper or plastic shopping bags as illustrated in Schedule 'B' Acceptable Recyclable Materials Part 1: Curbside Blue Box Sorting Guide. 1.4. Recyclable materials shall be placed at the curb in accordance with Schedule "B", Part 1, Acceptable Curbside Blue Box Materials, as amended from time to time. Any material left behind in the Blue Box by the City shall be removed by the Owner and sorted accordingly or disposed as waste if it is not a Recyclable Material. 1.5. Blue Boxes are sold by the City for the fee described in the By-law to establish fees relating to Waste Collection and Disposal. Blue Boxes shall only be sold for use as containers for collecting recyclable materials for set out at the curb within the City. 2. MINI BLUE BOXES 2.1. Mini Blue Boxes (25 x 35 x 20 cm deep) shall be distributed free of charge by the City to apartment building owners using Recycling Roll-out Carts. 2.2. Mini Blue Boxes for use in commercial, institutional or industrial premises shall be sold by the City for the fee described in the Waste Management Fees By-law. Mini Blue Boxes shall only be sold for use as containers for collecting recyclable materials. 3. ROLL-OUT RECYCLING CARTS 3.1. Recycling Roll-out Carts distributed free of charge to apartment buildings or commercial or institutional premises remain the property of the City and shall only be used for their intended purpose. 3.2. The distribution of Recycling Roll-out Carts to apartment buildings under 30 units and to commercial and institutional premises is at the discretion of the Environmental Superintendent or his designate. 4. GARBAGE BAG 4.1. For the purposes of this By-law a Garbage Bag shall mean a garbage bag manufactured for the use of garbage disposal having a minimum size of 66 cm x 92 cm (26 x 36 inches) and a maximum size of 89 cm x 127 cm (35 x 50 inches). 4.2. No garbage bag shall be set out for collection if it weighs over 18 kg. (40 pounds). 5. GARBAGE CONTAINER 5.1. For the purpose of this By-Law a Garbage Container shall mean a Garbage Bag or a rigid plastic or metal pail with a waterproof lid and a maximum capacity of 136 litres (30 Imperial gallons) and a minimum capacity of 32 litres (7 Imperial gallons). 5.2. A Garbage Container shall not be larger in diameter at the bottom than at the top of the container. 5.3. The lid of a Garbage Container shall not be permanently attached to the Garbage Container in any way. 5.4. No Garbage Container shall be set out for collection if it weighs over 18 kg. (40 pounds). BY-LAW NO. 2005- 151 Page 15 6. CONTAINER LIMITS Amended by By-law No. 2009-110 6.1. No more than four (4) Garbage Bags or Containers shall be set out for collection every other week from any occupied premise (three per week in the Downtown Collection Area as defined by Schedule 'E'. 6.2. Any Garbage Bags or Containers in excess of the four permitted containers (three in the Downtown Collection Area) shall be tagged and left behind by City staff. It is the responsibility of the Owner to dispose of the excess waste accordingly. 7. REQUIREMENT FOR A BAG TAG 7.1. No Garbage Bag or Container shall be set out for collection by City staff unless it has an Owen Sound Garbage Bag Tag attached in the manner described in Schedule 'G' Garbage Bag Tag Program. BY-LAW NO. 2005- 151 Page 16 WASTE MANAGEMENT COLLECTION CONTAINER SCHEDULE 'D' To Waste Management By-law No. 2005-151 Amended by By-law 2010-110 BY-LAW NO. 2005- 151 Page 17 Amended by By-law 2010-110 BY-LAW NO. 2005- 151 Page 18 Amended by By-law 2010-110 BY-LAW NO. 2005- 151 Page 19 Amended by By-law 2010-110 BY-LAW NO. 2005- 151 Page 20 DOWNTOWN COLLECTION AREA AND INDUSTRIAL PARK MAPS SCHEDULE 'E' To Waste Management By-law No. 2005-151 BY-LAW NO. 2005- 151 Page 21 DOWNTOWN COLLECTION AREA AND INDUSTRIAL PARK MAPS SCHEDULE 'E' To Waste Management By-law No. 2005-151 BY-LAW NO. 2005- 151 Page 22 PROHIBITED WASTE MATERIALS SCHEDULE 'F' To Waste Management By-law No. 2005-151 1. GENERAL PROHIBITIONS 1.1. Recyclable Electronics as defined by Schedule 'J' Electronics Recycling Program, shall not be placed out for disposal as Disposable Waste at the curbside or at the Transfer Station but may be disposed of at the Recyclable Electronics Depot or through appropriate private recycling programs. 1.2. Household Hazardous Waste as defined by Schedule 'I' Household Hazardous Waste Program, shall not be placed out for disposal as Disposable Waste at the curbside or at the Transfer Station but may be disposed of at the Household Hazardous Waste Depot or through appropriate private recycling programs. 1.3. Recyclable Materials as defined by Schedule 'B' Acceptable Recyclable Materials Part 1, Curbside Blue Box Sorting Guide shall not be placed out for disposal as Disposable Waste at the curbside or at the Transfer Station but may be recycled through the curbside Blue Box Program, Recycling Drop-off Centre or appropriate private recycling program. 1.4. Corrugated Cardboard as defined by Schedule 'B' Acceptable Recyclable Materials Part 4, Corrugated Cardboard and Drywall shall not be placed out for disposal as Disposable Waste at the curbside or at the Transfer Station but may be recycled through the curbside Corrugate Cardboard Collection, Recycling Drop-off Centre or appropriate private recycling program. 1.5. Drywall as defined by Schedule 'B' Acceptable Recyclable Materials Part 4, Corrugated Cardboard and Drywall shall not be placed out for disposal as Disposable Waste at the curbside or at the Transfer Station but may be recycled through the Recycling Drop-off Centre or appropriate private recycling program. 1.6. Leaf and Yard Waste as defined by Schedule 'H' Leaf and Yard Waste Composting Program, shall not be placed out for disposal as Disposable Waste at the curbside or at the Transfer Station but may be disposed of at the Leaf and Yard Waste Composting Site or through appropriate private composting programs. 1.7. Brush, Branches, Logs and Stumps as defined by Schedule 'H' Leaf and Yard Waste Composting Program, shall not be placed out for disposal as Disposable Waste at the curbside or at the Transfer Station but may be disposed of at the Leaf and Yard Waste Composting Site or through appropriate private composting programs. 2. CURBSIDE PROHIBITION PENALTIES 2.1. Garbage Bags or Containers outside the Downtown Collection Area found by City Waste Collection Staff to contain more than 5% (by volume) of Acceptable Recyclable Material, Recyclable Electronics, Corrugated Cardboard, or any amount of Household Hazardous Waste or other Prohibited Waste Material will be tagged as un-collectable and left behind at the curb. 2.2. Garbage Bags or Containers in the Downtown Collection Area found by City Waste Collection Staff to contain more than 5% (by volume) of Acceptable Recyclable Material, Recyclable Electronics, Corrugated Cardboard, or any amount of Household Hazardous Waste or other Prohibited Waste Material will be tagged as un-collectable and inspected by By-Law Enforcement staff and fees applied as under Section 2.3 below. 2.3. By-Law Enforcement staff may inspect Garbage Bags and Containers placed at the curb for collection by the City. Any Garbage Bags or Containers found to contain more than 5% (by volume) of Acceptable Recyclable Material, Recyclable Electronics, Corrugated Cardboard, or any amount of Household Hazardous Waste may be collected separately and further inspected to identify the person responsible for placing the garbage at the curb. The person who directly or by means of an agent discarded the waste shall be liable for the total expense incurred for the removal of the waste at the rates set by the City as described in the Waste Management Fees By-law. BY-LAW NO. 2005- 151 Page 23 2.4. Payment shall be made within 30 days after receipt of an invoice indicating the total expensed incurred. Requiring this payment shall not preclude any prosecution for violation of this By-Law. Amended by By-law No. 2010-119 2.5. Any invoices or expenses that remain unpaid for the removal of waste may be added to the tax roll of the owner of the property where the garbage originated, to pay and be collected in like manner as municipal taxes. Requiring this payment shall not preclude any prosecution for violation of this By-Law. 2.6. Any challenge or appeal of invoices issued under Paragraph 2.2 shall be heard by the Environment and Waste Advisory Committee or its successor at their scheduled meetings. Appeals must be made in writing and be submitted to the Director of Operations for inclusion on the Environment and Waste Advisory Committee agenda at least 2 weeks prior to the meeting at which the appeal is to be heard. The appellant or their representative shall have the opportunity to make a verbal representation to the Committee at this time. The Environment and Waste Advisory Committee has the options of upholding the fee charged, waiving the fee, or reducing the fee based on the merits of the appeal presented to them. The findings and recommendations of the Environment and Waste Advisory Committee shall be referred to City Council for approval or non-approval as part of the Committee minutes. 3. TRANSFER STATION PROHIBITIONS 3.1. No person shall dispose of the following materials as Disposable Waste at the Transfer Station: 3.1.1. Acute hazardous waste chemical as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.2. Medical Waste, unless that medical waste has been decontaminated or is not required to be decontaminated but is packaged in the manner required under Michigan's Part 138, Medical Waste Regulatory Act,(MWRA) of the Public Health Code, 1978 PA 368 as amended, MCL 333.13801 to MCL 333.13831 (MWRA) and does not contravene any Revised Regulations of Ontario 1990, Regulation 347; 3.1.3. Hazardous waste chemical as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.4. Corrosive waste as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.5. Hazardous industrial waste as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.6. Ignitable waste as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.7. PCB waste as defined in Revised Regulations of Ontario, 1990, Regulation 362; 3.1.8. PCB waste as defined by the United States Environmental Protection Agency in 2003 40 CFR 761, in force on October 1, 2004; 3.1.9. Radioactive waste as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.10. Low-level radioactive waste as defined in Section 2 of Michigan's Low- Level Radioactive Waste Authority Act, 1987 PA 204, MCL 333.26202, in force on October 1, 2004; 3.1.11. Reactive waste as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.12. Severely toxic waste as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.13. Leachate toxic waste as defined in Revised Regulations of Ontario, 1990, Regulation 347; 3.1.14. Pharmaceutical waste; as defined under Michigan's Part 111, Hazardous Waste Management, Michigan Compiled Laws (MCL) 324.111101 et seq. (Part 111) of Michigan's Natural Resources and BY-LAW NO. 2005- 151 Page 24 Environmental Protection Act; 1994 PA 451, as amended, and Subtitle C of the Resource Conservation and Recovery Act of 1976, as amended (RCRA), and any administrative rule or regulations promulgated pursuant to these acts 3.1.15. Any household product, material or item labeled as "corrosive," "toxic," "reactive," "explosive," "oxidizing," "poisonous," "infectious," or "flammable," including but not limited to the following: 3.1.15.1. Pool or photographic chemicals; 3.1.15.2. Laundry bleach; 3.1.15.3. Drain, oven, toilet and carpet cleaning solutions; 3.1.15.4. Paint thinner and paint remover; 3.1.15.5. Rat and mouse poison 3.1.15.6. Flea collars and powders; 3.1.15.7. Insect killer; 3.1.15.8. Moth balls 3.1.15.9. Weed killers; 3.1.15.10. Fungicides; 3.1.15.11. Wood preservatives; 3.1.15.12. Oil-based and latex paints; 3.1.15.13. Engine oil; 3.1.15.14. Brake and transmission fluid; 3.1.15.15. Antifreeze; 3.1.15.16. Automotive batteries (including lead acid batteries); 3.1.15.17. Ni-cad rechargeable batteries 3.1.15.18. Propane tanks; 3.1.15.19. Other gas tanks; 3.1.15.20. Aerosol containers; and 3.1.15.21. Fire extinguishers 3.1.16. Any waste in liquid form including but not limited to swill or other organic matter not properly drained and securely wrapped; 3.1.17. Sod, grass, grass clippings; 3.1.18. Mixed loads of waste and recyclable material or recyclable (Blue Box) materials that has been mixed with garbage; 3.1.19. Beverage containers, defined as an airtight metal, glass, paper or plastic container, or a container composed of a combination of these materials, which at the time of sale, contained 1 gallon or less of a beverage of any kind including all non-alcohol and alcohol beverages 3.1.20. Municipal wastewater sewage sludge or any other type of industrial sludge; 3.1.21. Incinerator ash, red ash and any other type of ash; 3.1.22. Tires 3.1.23. Leaf and yard waste as defined in Ontario Regulation 101/94; 3.1.24. Dead animals and slaughterhouse remains; 3.1.25. Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof identified and listed as toxic hazardous wastes under Rule 225 and enumerated in the Michigan Department of Environmental Quality Waste Management Division's Hazardous Waste Management Program Administrative Rules promulgated pursuant to Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, Rule 299.9226 Table 205c, in force on October 1, 2004. BY-LAW NO. 2005- 151 Page 25 GARBAGE BAG TAG PROGRAM SCHEDULE 'G' To Waste Management By-law No. 2005-151 Amended by By-law No. 2007-177 1. REQUIREMENT FOR AN OWEN SOUND GARBAGE TAG 1.1. It shall constitute an offence for a person to set out for collection any "Garbage Bag" for collection by City garbage crews unless: 1.1.1. It has an "Owen Sound Garbage Tag" securely wrapped around the neck of the bag. 1.1.2. The "Owen Sound Garbage Tag" is affixed in such a fashion as to be clearly visible to collection crews. 1.1.3. The "Owen Sound Garbage Tag" has been acquired in accordance with Section 1.3 of this Schedule. 1.2. It shall constitute an offence for a person to set out for collection any "Garbage Container" for collection by City garbage crews unless: 1.2.1. It has an "Owen Sound Garbage Tag" affixed to the top item inside the container. 1.2.2. The "Owen Sound Garbage Tag" is affixed in such a fashion as to be clearly visible to collection crews upon removal of the container's lid. 1.2.3. The "Owen Sound Garbage Tag" has been acquired in accordance with Section 1.3 of this Schedule. 1.3. "Owen Sound Garbage Tags" must be purchased from the City or from designated outlets. 1.4. It shall constitute an offense to remove an "Owen Sound Garbage Tag" from a garbage bag or container placed at the curb for collection. 1.5. "Owen Sound Garbage Tags" shall not be usable as a substitute for payment at the Transfer Station. 1.6. "Owen Sound Garbage Tags" shall be sold in lots of five (5) at the fee set out in By-Law 2005-151 Waste Management Fees, and singly at City Hall and the Public Works Building. 2. PENALTY 2.1. Garbage Bags or Containers outside the Downtown Collection Area not exhibiting an "Owen Sound Garbage Tag" shall be tagged as un-collectable by Waste Collection Staff and left behind at the curb. 2.2. Garbage Bags or Containers in the Downtown Collection Area not exhibiting an "Owen Sound Garbage Tag" shall be tagged as un-collectable by Waste Collection Staff and inspected by By-Law Enforcement staff. The person who directly or by means of an agent discarded the waste shall be liable for the total expense incurred for the removal of the waste at the rate set by the City as described in By-Law 2005-151 Waste Management Fees. 2.3. Payment shall be made within 30 days after receipt of an invoice indicating the total expenses incurred. Requiring this payment shall not preclude any prosecution for violation of this By-Law. 2.4. Any invoices or expenses that remain unpaid for the removal of waste after 30 days shall be added to the tax roll of the owner of property where the garbage originated, to pay and be collected in like manner as municipal taxes. Requiring this payment shall not preclude any prosecution for violation of this By-Law. 2.5. Any challenge or appeal of invoices issued under Paragraph 2.2, shall be heard by the appropriate Committee as designated by City Council or its successor at their scheduled meetings. Appeals must be made in writing and be submitted to the Director of Operations for inclusion on the agenda of the appropriate Committee as designated by City Council at least 2 weeks prior to the meeting at which the appeal is to be heard. The appellant or the representative shall have the opportunity to make a verbal representation to the Committee at this BY-LAW NO. 2005- 151 Page 26 time. The appropriate Committee as designated by City Council has the options of upholding the fee charged, waiving the fee, or reducing the fee based on the merits of the appeal presented to them. The findings and recommendations of the of appropriate Committee as designated by City Council shall be referred to City Council for approval or non-approval as part of the Committee minutes. 3. BAG TAG RETAILERS 3.1. Bag Tags shall only be distributed by selected retailers that have signed Form 1 of this Schedule, Vendor Distribution Agreement. Commission shall be paid at a rate of 2% plus GST. 3.2. Retailers that fail to meet the requirements of the Agreement shall forfeit their right to be Bag Tag Distributors and must pay any outstanding debt for Bag Tags supplied to the City. BY-LAW NO. 2005- 151 Page 27 VENDOR DISTRIBUTION AGREEMENT FORM 1 - SCHEDULE 'G' GARBAGE BAG TAG PROGRAM Waste Management By-law No. 2005-151 THE CORPORATION OF THE CITY OF OWEN SOUND (hereinafter called the "CITY") and carrying on business as (hereinafter called the "VENDOR") VENDOR DISTRIBUTION AGREEMENT This agreement dated at Owen Sound this day of 20 . 1. The VENDOR agrees to participate as a retailer in the User Pay Garbage Program, commonly referred to as garbage bag tags. 2. The CITY shall enter into an agreement for the distribution and administration of the User Pay Garbage Program with the VENDOR. 3. The CITY shall deliver a continuous supply of garbage bag tags to the VENDOR, upon notice of not less than 5 business days. The garbage bag tags shall be supplied to the VENDOR in lots of not less than 500 tags at a cost of $1.9572 each and resold for $2.00 each. 4. By signing this agreement, the VENDOR acknowledges receipt of ________ tags and promises to pay in full the cost of ________ tags upon receipt of the next lot of garbage bag tags. An invoice for the previous lot shall accompany every subsequent delivery of tags. 5. The CITY will supply VENDORS with a window sign to notify the public that garbage bag tags are sold on the premises. 6. Discounted tags will only be sold to approved VENDORS. 7. Approved VENDORS may redeem unsold tags in quantities of 25 or more, accompanied by a CITY receipt bearing the corresponding garbage bag tag numbers. 8. The CITY reserves the right to increase the price of the garbage bag tags without notice, and to restrict the number of tags issued to any VENDOR. 9. The VENDOR agrees to abide by all covenants and rules of this agreement. The CITY shall have at it's disposal all remedies in the case of breach of this agreement. 10. The CITY may invoke Rules and Regulations from time to time if necessary in the administration of this agreement at its discretion. 11. The CITY may terminate this agreement upon notice upon 48 hours notice to the registered VENDOR. 12. The VENDOR may terminate this agreement upon 48 hours written notice to the CITY. All outstanding debts for garbage bag tags supplied to the VENDOR shall be paid in full upon termination of the agreement or unsold garbage bag tags returned to the CITY. 13. In the event that a paragraph or portion of any paragraph of this agreement shall be invalid or unenforceable as determined by a Court of Competent jurisdiction, then such paragraph or portion thereof shall be severed from the rest of the agreement which shall be valid and enforceable to the fullest extent permitted by law. 14. Everything in this agreement shall extend to and be binding on the respective heirs, executors, administrators, successors and permitted assigns of each party hereto. BY-LAW NO. 2005- 151 Page 28 15. The provisions of this agreement shall be read with all grammatical gender changes necessary. All covenants being contained herein shall be deemed joint and severable. 16. The CITY shall not in any event be whatsoever liable or responsible for any damages or losses alleged by the VENDOR, due to the sale of these garbage bag tags. IN WITNESS WHEREOF the parties hereto have executed these presents. SIGNED THIS DAY OF 20 THE CORPORATION OF THE CITY OF OWEN SOUND 808 2nd Avenue East Owen Sound, Ontario N4K 2H4 Vendors Name and Signature: Vendor Operating Name: Vendor Address: Vendor Telephone # Vendor Fax # (Outstanding invoices paid and unsold tags redeemed upon termination) BY-LAW NO. 2005- 151 Page 29 LEAF AND YARD WASTE COMPOSTING PROGRAM SCHEDULE 'H' To Waste Management By-law No. 2005-151 1. DEFINITIONS: 1.1. Leaf & Yard Waste shall be defined as leaves and plant material produced on lawns and gardens excluding kitchen waste and brush, branches, logs and stumps. 1.2. Brush, Branches, Logs and Stumps shall be defined as the remains of woody plants, trees and shrubs and shall include logs and stumps to 15 cm (6 inches) in diameter and free of soil and rocks. (Amended by By-law No. 2023-034) 1.3. Sod shall be defined as the grass mat and attached topsoil removed from the upper 5 cm (2 inches) of domestic lawns. 2. GENERAL 2.1. No person shall deposit Leaf and Yard Waste at the Leaf and Yard Waste Composting Site except in the designated Leaf and Yard Waste pile. 2.2. No person shall deposit Brush, Branches, Logs and Stumps at the Leaf and Yard Waste Composting Site except in the designated Brush pile. 2.3. No person shall deposit Sod at the Leaf and Yard Waste Composting Site except in the designated Sod pile. 2.4. No person other than City staff shall load finished compost or wood chips by mechanical means. 2.5. No person shall leave behind any container other than a Paper bag intended for the collection of Leaf and Yard Waste. 2.6. No person shall deposit Leaf and Yard Waste or Brush, Branches, Logs and Stumps that contains foreign material or litter. 2.7. All persons shall obey all signs posted at the Leaf and Yard Waste Composting Site. 2.8. No person shall deposit or cause to be deposited disposable waste materials or any materials other than Leaf and Yard Waste and Brush, Branches, Logs and Stumps at the Leaf and Yard Waste Composting Site. 3. COMMERCIAL USE Repealed by By-law No. 2023-034. 4. NON-CITY USE OF LEAF AND YARD WASTE SITE 4.1. No person from outside the City shall deposit any material at the Leaf and Yard Waste Composting Site unless their originating municipality has entered into a cost-sharing agreement with the City. 4.2. No person from outside the City shall take compost or mulch from the Leaf and Yard Waste Composting Site unless their originating municipality has entered into a cost-sharing agreement with the City. BY-LAW NO. 2005- 151 Page 30 HOUSEHOLD HAZARDOUS WASTE PROGRAM SCHEDULE 'I' To Waste Management By-law No. 2005-151 1. GENERAL 1.1. No hazardous waste originating from Industrial, Commercial, Agricultural or Institutional premises shall be received at the Household Hazardous Waste Depot. 1.2. Only waste from residents of the City and municipalities participating under contract with the City shall be received at the Household Hazardous Waste Depot. 1.3. No person shall deliver Household Hazardous Waste to the Household Hazardous Waste Depot unless they produce a valid Ontario Driver's License as proof of residence in the City or a participating municipality. 1.4. Any waste that is not acceptable at the Household Hazardous Waste Depot because it is not an acceptable waste, not a hazardous waste, does not originate from a household, or does not originate within the City or a participating municipality shall be removed by the person delivering the waste. 1.5. All persons shall obey all signs and directions from staff at the Household Hazardous Waste Depot. 1.6. No person shall deliver any material to the Household Hazardous Waste Depot except during the hours of 9:00 am and 3:00 pm on the days designated as Household Hazardous Waste Days on the Waste Management Calendar each year. 1.7. All sharps must be packaged in a puncture proof container and must be placed into the City container by the person delivering them to the Household Hazardous Waste Depot 2. DEFINITION 2.1. Household Hazardous Waste shall be defined as those materials listed below: PHARMACEUTICALS: - Prescription and non-prescription medicines in the form of pills or liquids - Cough Syrups - Inhalers - Veterinary Drugs PAINT - Latex Paint - Oil-based Paint - Craft & Specialty Paints AEROSOL CANS CONTAINING AND ANY SUBSTANCE INCLUDING: - Paint, cleaners and polishes PROPANE AND BUTANE CYLINDERS PESTICIDES - ALL Herbicides and Insecticides including: o 2-4D o DDT o Black-Leaf 40 o Sevin o Diazinon o Malathion o Pesticide Aerosols (eg. Raid, Off etc) o Weed Killers o Round Up o Safer's Soap BY-LAW NO. 2005- 151 Page 31 OXIDIZERS - Fertilzers - Plant Food - Weed and Feed - All Nitrates - Bleach - Hydrogen Peroxide - Pool Chlorine - Sodium hypochlorite - Pool Chemical pH Down - Pool chemical pH Up - Pool Shock ACIDS - Formulations containing, or pure compounds of: o Sulphuric Acid o Hydrochloric Acid o Phosphoric Acid (Rust Remover) o Nitric Acid o Oxalic Acid (Deck Wash) o Muriatic Acid o Acetic Acid o Boric Acid o Photographic Stop Bath o Saniflush o CLR o Sodium Bisulphate CAUSTICS - Formulations containing, or pure compounds of: o Sodium Hydroxide o Potassium Hydroxide o Sodium Metasilicate o Sodium Silicate o TSP o Lime o Ammonia (Wax Stripper) o Ammonium Chloride o Drano o Mr. Muscle o Easy-Off o Lye o Photo-chemicals o Comet o Ajax MISCELLANEOUS HAZARDOUS MATERIALS: - Adhesives - Autobody Filler - Autobody Paint - Car Polishes, paste & liquid - Car Waxes, paste & liquid - Caulking - Cements and Glues - Driveway Sealers - Epoxies - Floor Paint - Fuel, gasoline, diesel and other fuels - Lacquer - Liquid Plastic - Marine Paint - Mercury thermometers & switches - Motor oil - Nail Polish Remover - Paint Stripper - Putty BY-LAW NO. 2005- 151 Page 32 - Resins - Rust Paint (Tremclad) - Shellac - Silicone Compound - Solvents - Stain - Thinners - Transmission and Brake Fluids - Urethane - Varnish BATTERIES - Vehicle - Motorcycle, marine or any recreational vehicle - Dry cell flashlight - Rechargeable - Button SHARPS - Used syringes & lancets BY-LAW NO. 2005- 151 Page 33 ELECTRONICS RECYCLING PROGRAM SCHEDULE 'J' To Waste Management By-law No. 2005-151 1. GENERAL 1.1. No person shall deposit or cause to be deposited disposable waste materials or any materials other than Recyclable Electronics at the Recyclable Electronics Depot. 1.2. No person from outside the City shall deposit any material at the Recyclable Electronics Depot unless their originating municipality has entered into a cost-sharing agreement with the City. 1.3. No person shall remove or scavenge any item or material from the Recyclable Electronics Depot. 1.4. Any person delivering computer monitors from a commercial, industrial or institutional premise shall pay to the City the fee described in waste management fees By-Law. Payment is to be made at the Owen Sound Public Works Facility. 2. DEFINITION 2.1. Recyclable Electronics shall be limited to those items listed below: Recyclable Electronics - Personal computers (including keyboard and mouse) - Computer monitors and cables - Mini computers and components - Mainframe computers and components - Printers, scanners, drives and modems - Telephones (mobile, cellular and hardwire) - Electronic pagers - Fax machines - Photocopiers and printing/plotting equipment - Electronic calculators - Radio and stereo equipment excluding stand-alone speakers & cabinets - Electronic cash registers - Electronic games and video game consoles - Digital cameras - Video Cassette Recorders (VCR's) - Digital Video Disc (DVD) players & recorders - Automobile computer modules - Software (floppy disk, CD etc) - Motor control centers - Navigation and control equipment - Telecommunications equipment (switchgear, switches and relays) - Instruments and controls (electronic recorders, meters, etc) - Electronic relays and contactors - Non-radioactive electronic medical equipment (diagnostic and monitoring) BY-LAW NO. 2005- 151 Page 34 GOODS EXCHANGE DAY PROGRAM SCHEDULE 'K' To Waste Management By-law No. 2005-151 1. GOODS EXCHANGE DAY REGULATIONS 1.1. No person shall place items at the curb for collection unless those items are marked with a while plastic bag or other manner as being Goods Exchange Day items. 1.2. No person shall collect items from the curb unless they are clearly marked as being Goods Exchange Day items. 1.3. No person shall leave Goods Exchange Day items at the curb past 6:00 pm on Goods Exchange Day. 1.4. No person shall place Goods Exchange items out for collection at any location except at the curb directly in front of their premises. BY-LAW NO. 2005- 151 Page 35 BACKYARD COMPOSTER PROGRAM SCHEDULE 'L' To Waste Management By-law No. 2005-151 1. BACKYARD COMPOSTERS 1.1. Backyard Composters shall be located and maintained on the owner's property so as to not create a nuisance to neighbours. 1.2. Backyard Composters shall be sold by the City to City residents at the cost described in the waste management fees By-Law. 1.3. Backyard Composters shall not be sold to non-residents. 2. KITCHEN COMPOST CONTAINERS 2.1. Kitchen Compost Containers shall be sold by the City to City residents at the cost described in the waste management fees By-Law. 2.2. Kitchen Compost Containers shall not be sold to non-residents. 2.3. Kitchen Compost Containers shall only be purchased for their intended use, as temporary storage of compostable organics.