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By-law No. 2006-001
"A By-law to Regulate the Collection, Handling and
Recycling of Waste and Recyclable Materials in Certain
Premises in The City of Owen Sound"
Originally Passed and Enacted January 9, 2006
Amended by By-law:
Passed On:
Not Amended
Consolidated Version
Revised and Verified February 7, 2014
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. 2006-001
THE CORPORATION OF THE CITY OF OWEN SOUND
A BY-LAW TO REGULATE THE COLLECTION,
HANDLING AND RECYCLING OF WASTE AND
RECYCLABLE MATERIALS IN CERTAIN PREMISES
IN THE CITY OF OWEN SOUND
WHEREAS the City of Owen Sound has regulations requiring the
separation for recycling of certain materials; and
WHEREAS the City of Owen Sound is desirous of further reducing
the Wastes generated in the City of Owen Sound, by requiring all commercial,
industrial, institutional and restaurant premises in the City of Owen Sound to
recycle the waste generated at those premises.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS:
1.
In this By-law
1.1
City means the City of Owen Sound.
1.2
Commercial Property means a property used in whole or in part
for retail establishments, service establishments, recreational
purposes, entertainment purposes or offices.
1.3
Customer Recycling Receptacles shall mean clearly marked
recycling containers located in public areas of Commercial,
Industrial, Institutional and Restaurant premises. Said receptacles
shall be plainly visible, identified as recycling receptacles and
clearly state the materials accepted.
1.4
Employee Recycling Receptacles shall mean clearly marked
recycling containers located in private areas of Commercial,
Industrial, Institutional and Restaurant premises. Said receptacles
shall be plainly visible, identified as recycling receptacles and
clearly state the materials accepted.
1.5
Curbside Recycling Container shall mean a Blue Boxes sold by
the City with the approximate dimensions (35cm x 50cm x 30 cm
deep), or a 240 or 360 litre wheeled plastic Recycling Roll-out Cart
provided for the collection of recyclable material from apartment
buildings, businesses and institutions.
1.6
Industrial Property shall include property where economic
activities including construction, manufacturing, transportation,
communication, or wholesale uses are carried on.
1.7
Institutional Property means a school, hospital, library, place of
worship, City-owned property, facility which provides community
support services or other non-profit agency or other property
designated by the City Environmental Superintendent.
1.8
Materials means any garbage, recyclable materials or waste as
defined in this By-law.
1.9
Person
includes
an
individual,
association,
partnership,
corporation, Municipality or an agent or employee thereof.
1.10
Recyclable Materials means all waste items which are recyclable
or reusable, and includes the items set out on Schedule 1 attached
hereto.
Page 2
By-law No. 2006-001
1.11
Restaurant means an establishment where food and drink are
prepared, served and consumed, and includes a drive-in
restaurant and a take-out restaurant, the latter being restaurants
where the food and drink may be consumed outside the confines of
the restaurant premises.
1.12
Waste includes ashes, garbage, refuse, domestic waste, industrial
waste, municipal refuse, and recyclable materials owned by any
person, and located within the City.
1.13
Waste Management System means any facilities or equipment
used in, and any operations carried out for, the management of
waste including the collection, handling, transportation, storage,
processing, or disposal of waste, by an owner, occupant, manager,
tenant, employer, or employee of any commercial, industrial,
institutional, or restaurant premises in the City; without limiting
the generality of the foregoing, a Waste Management System
includes any facilities or equipment used in or on the commercial,
industrial, institutional or restaurant premises, and includes the
collection, handling, transportation, storage, processing or disposal
of the waste, including recyclables, by any owner, occupant,
manager, tenant, employer, or employee, invitee, customer or other
inhabitant of the said premises.
2.
In case of any dispute as to whether or not a premise falls within
any of the designations commercial, industrial, institutional, or
restaurant as used herein, the designation which applies shall be
determined by the Environmental Superintendent for the City, or
his designate.
3.
The Environmental Superintendent for the City, or his designate,
may:
3.1
determine what items are recyclable materials;
3.2
discontinue the acceptance of waste from any commercial,
industrial, institutional and restaurant premises at the City's
Recycling Drop-off Centre or Transfer Station at the Miller Waste
Systems Site, 1652 - 20th Street East, Owen Sound, Ontario,
where the person having control or management of said premises
does not comply with the requirements of this By-law, provided
that the person in control of the waste at the premises is so
advised in writing prior to the discontinuance of services;
3.3
determine whether Customer Recycling Receptacles and Employee
Recycling Receptacles meet the City's requirements as set out in
this By-law;
3.4
provide public notice of changes to the services provided pursuant
to this By-law;
3.5
determine if persons required to do so pursuant to this By-law
have satisfactorily provided a Waste Audit in compliance with this
By-law;
3.6
establish such other things and make such other determinations
as are necessary for the proper and efficient administration of this
By-law;
4.
No person shall store or set out for collection any waste unless all
Recyclable Materials have been separated from the same and
placed in a Customer Recycling Receptacle, Employee Recycling
Receptacle or Curbside Recycling Container.
Page 3
By-law No. 2006-001
5
No person shall dispose of any Recyclable Materials except through
the curbside collection of Recyclable Materials or at the City
Recycling Drop-off Centre at the Miller Waste System Site, 2125
20th Avenue East, Owen Sound, Ontario or other acceptable private
recycling program.
6.
No person in any commercial, industrial, institutional, or
restaurant premises shall deposit Recyclable Materials in any
container except a Customer Recycling Receptacle, Employee
Recycling Container or Curbside Recycling Container.
7.
No person shall transfer Recyclable Materials from any Customer
Recycling Receptacle or Employee Recycling Container except to
deposit the same in a Curbside Recycling Container or vehicle for
conveyance of the same for recycling at the City Recycling Drop-off
Centre at the Miller Waste System Site, 2125 20th Avenue East,
Owen Sound, Ontario.
8.
Every owner, occupant, manager, employer, or person in control or
managing of any premises used for commercial, industrial,
institutional or restaurant uses shall within sixty (60) days of the
passage of this By-law provide a Waste Audit to the City
Environmental Superintendent or his designate, outlining in detail
all the Recyclable Materials normally found in the waste generated
by the premises.
9.
Any person commencing a commercial, industrial, institutional or
restaurant use in the City after the passage of this By-law, shall
within thirty (30) days of commencement of said use provide a
Waste
Audit
as
described
in
subparagraph
(a)
to
the
Environmental Superintendent of the City or his designate.
10.
Every owner, occupier, manager, employer, or person in control of
any commercial, industrial, institutional, and restaurant premises
shall within sixty (60) days of the passage of this By-law adopt
and implement a Recycling Policy as herein set out.
10.1
Every owner, occupant, manager, employer or person in control of,
or managing of the premises described herein shall within sixty
(60) days of passage of this By-law adopt and implement a
Recycling Policy which shall:
10.1.1
ensure compliance with this By-law, and other applicable By-laws
relating to recycling in the City;
10.1.2
inform all managers, tenants and employees at the premises of the
provisions of this By-law;
10.1.3
at all times, provide, maintain, and keep located on the premises
sufficient Customer Recycling Receptacles and Employee Recycling
Receptacles as defined herein in order to allow the employees,
customers, and other persons using the premises to comply with
this By-law;
10.1.4
post and keep continuously displayed a copy of the Recycling
Policy in a prominent place accessible to all employees, customers,
and other persons on the premises;
10.1.5
place posters or signs in prominent places on the premises listing
Recyclables that must be deposited in Customer Recycling
Receptacles and Employee Recycling Receptacles;
Page 4
By-law No. 2006-001
10.1.6
prohibit employees, customers, and other persons on the premises
from disposing of Recyclables in any but the required Customer
Recycling Receptacles and Employee Recycling Receptacles;
10.1.7
requiring managers and employees to ensure that Recyclables,
after deposit therein, are maintained in the separate Customer
Recycling Receptacles, and Employee Recycling Receptacles and
that the said Recyclables are maintained separate from other
Waste and are located for pick up by the recyclable hauler
operating under contract with the owner or occupant or the City;
10.1.8
ensure that any commercial hauler picking up Recyclables from
the Customer Recycling Receptacles under contract with the owner
or occupant is informed of the provisions of this By-law, and the
requirement to maintain the recyclables separate from all other
waste.
11.
The owner, occupant, or manager or other person in control of a
shopping centre or shopping mall shall at all times provide in any
walkways or common areas of the said premises sufficient
Customer Recycling Receptacles for use by persons using or
attending at those premises.
12.
No person shall own, or occupy, or manage any commercial,
industrial, institutional or restaurant premises within the City
without providing for staff, clients, customers, and members of the
public using those premises a sufficient number of Customer
Recycling Receptacles and Employee Recycling Receptacles as
required to receive all Recyclable Materials on the premises.
13.
Every
owner,
occupant,
manager,
lessee
or
employee
of
commercial, industrial, institutional and restaurant premises shall
at all times ensure that Recyclable Materials are separated, stored,
and set out for pick up by authorized contractors in secure
Curbside Recycling Containers provided for the Recyclable
Materials, all to the satisfaction of the City's Environmental
Superintendent or his designate.
14.
No person shall collect waste for disposal from any commercial,
industrial, institutional and restaurant premises the owner,
occupant, or manager of which does not comply with this By-law.
14.1
No person shall dispose of any waste from any commercial,
industrial, institutional and restaurant premises through City
curbside collection or the Transfer Station at 2125 20th Avenue
East, Owen Sound, Ontario, except waste from which the
Recyclable Materials have been separated in accordance with this
By-law.
14.2
No owner or operator or manager of a Waste Transfer Station shall
accept waste at any Transfer Station within the City unless the
Recyclables are separated from the waste and disposed of in
accordance with this By-law.
14.3
No person in any commercial, industrial, institutional or
restaurant premises shall place Recyclables into a Trash/Garbage
receptacle other than a Curbside Recycling Receptacle as defined
in this By-law.
14.4
No person shall use any part of the Waste Management System of
the City unless the user fully complies with the provisions of this
By-law.
Page 5
By-law No. 2006-001
15.
Any person who contravenes any provision 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.
16.
This By-law shall come into full force and effect on the 9th day of
January, 2006.
FINALLY PASSED AND ENACTED THIS 9th day of January, 2006.
___Signature on File
Mayor
______________
__Signature on File
Clerk
_______________
SCHEDULE 1 TO BY-LAW NO. 2006-001
1.
For the purposes of this By-law, Recyclable Materials shall include:
RECYCLABLE MATERIALS
1.1
Newspaper, inserts and flyers, fine paper including office paper, construction paper
and envelopes without plastic windows.
1.2
Glossy magazines and catalogues, telephone directories and paperback books.
1.3
Boxboard including wax and plastic coated boxboard and polycoat containers such
as drinking boxes.
1.4
Aluminium and steel food and beverage cans.
1.5
Aluminium pie plates and foil.
1.6
Bottles, jars and glass beverage containers excluding drinking glasses, tumblers and
cups.
1.7
PETE #1 plastic scoops, beverage and food containers.
1.8
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.
1.9
Empty steel paint cans with the lids removed for inspection and empty aerosol cans.
1.10
Clean metal pots, pans and kitchen utensils without plastic handles and smaller than
46 cm (18 inches) in any dimension.
1.11
Styrofoam and Polystyrene #6 plastics without cardboard or any other material
attached.
1.12
Corrugated Cardboard.