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THE CORPORATION OF THE TOWNSHIP OF SOUTH STORMONT
BY-LAW NO. 2013-051
BEING
WHEREAS
AND WHEREAS
AND WHEREAS
AND. WHEREAS
NOW THEREFORE
1.0
TITLE
a By-law to provide and regulate a Waste
Management System for the Township of South
Stor"mont.
the Municipal Act, 2001, c. 25 s. 5 (1) provides
that the powers of a municipal corporation are to
be exercised by its council;
the Municipal Act, 2001, c. 25 s. 5 (3) provides
that the powers of every council are to be
exercised by by-law;
the Municipal Act, 2001, c. 25 s. 11 (3) (3)
authorizes Council to pass by-laws for the
establishment of a waste disposal system;
it is in the interest of society as a whole and of
the Township of South
Stormont and
its
residents that the amount of waste material
generated by citizens be reduced; that wherever
possible such materials be re,.used or recycled;
that
the
environment
be
protected
from
contamination of hazardous substances and that
the lifetime of existing and future rnunicipal·
landfill sites be extended.
Council of the Corporation of the Township of
South Stormont enacts as follows:
1.1
This By-law shall be known and Cited as the "Township of South
Stormont Waste Management System By-la'(Vll.
4.0
DEFINITIONS
As used in this bylaw, the following terms shall have the
meanings indicated ~
2.1
AGRICULTURAL GAR6AGE
-
Garbage generated from the
growing of crops, including nursery and horticultural crops;
raising of livestock; raising of other animals for food, fur or fibre,
including poultry and fish; aquaculture; apiaries; agro ... forestry;
maple syrup production and has a farmland assessment.
2.2
BIO MEDICAL WASTE ..... shall mean bandages, dressings, drugs,
medicines, needles, syringes, vaccines, vials and other similar
materials or substances that contain or could reasonably be
expected to contain pathogenic bacteria or micro-organisms or
could reasonably be expected to be infectious, hazardous or
dangerous.
By-law No. 2013-051
Page 2
2.3
BUILDING WASTE -
shall mean broken concrete, masonry,
metal, wood, gypsum board (drywall) and other material
resulting from the construction, alteration, repair, demolition, or
removal of any building or structure from the Owner's Dwelling
Unit only.
2.4
BULK WASTE - means large household items, including, but not
limited to:
a)
bicycles and parts thereof;
b)
carpet;
c)
discarded plumbing fixtures, fittings and pipe;
d)
floot lamps;
e)
furniture, mattresses, and bed springs;
f)
pool filters;
g)
pool covers and solar blankets; and
h)
wood.
2.5
BUNDLE - shall mean and include all material of similar size and
composition securely tied together having a dimension no
greater than one
1 metre by 1 metre by 0.5 metres
(approximately 2 feet by 2 feet by 12 inches) and not exceeding
22 kilograms (approximately 50 pounds) in weight.
2.6
CHRISTMAS TREES - shall mean natural christmas trees without
any tinsel or ornaments.
2.7
COMMERCIAL GARBAGE -
Garbage generated by business
establishments such
as
stores,
markets, office buildings,
restaurants, shopping centers, and theaters and is commercially
assessed.
2.8
CONTAINER -
shall mean a receptacle, as more specifically
defined in section 5 of this By-law, for the purpose of collecting
and disposing of the types of Garbage.
2.9
CONTAMINATED
SOIL
-
material
due
to
its
nature of
contamination mlJst be land filled. This material cannot be
classified as hazardous waste and must meet the guidelines of
OntariO Regulation 347/12.
2.10 COUNCIL - shall mean the Council of the Township of South
Stormont.
2.11 DWELLING UNIT - shall mean one or more rooms designed as a
housekeeping unit, used or intended to be used as a domicile by
one or more persons and in which separate cooking, eating,
living, sleeping and sanitary facilities are provided for the
exclusive use of the occupants, with a private entrance from
outside the building or from a common hallway or stairway
inside the building.
By-law No. 2013-051
Page 3
2.12 ENFORCEMENT OFFICER - means a Police Officer or Municipal
By-law Enforcement Officer appOinted for the Township to
enforce the provisions of the Township of South Stormont by-
laws.
2.13 ELECTRONIC EQUIPM£;:.NT .,.,. shall mean Waste Electrical and
Electronic Equipment (WEEE) and shall include but not be limited
to:
a)
computer peripherals including modems;
b)
printing devices;
c)
copiers;
d)
scanners;
e)
typewriters;
f)
telephones, (physical and accessories);
g)
cellular phones;
h)
PDAs and pagers;
i)
audio and video players;
j)
cameras;
k)
equalizers;
I)
amplifiers;
m)
radios;
n)
receivers;
0)
speakers;
p)
tuners;
q)
turntables;
r)
video players and projectors;
s)
video recorders; and
t)
personal handheld computers.
2.14 GARBAGE - means discarded material other than:
a)
Bio Medical Waste;
b)
Bulk Waste;
c)
Hazardous Waste;
d)
Household Hazardous Waste;
e)
Leaf and Yard Waste;
f)
Liquid Waste;
g)
Recyclable Materials; and
h)
White Goods.
2.15 HAZARDOUS WASTE.,.. means:
a)
hazardous industrial waste;
By...;law No. 2013-051
Page 4
b)
acute hazardous waste chemical;
C)
hazardous waste chemical;
d)
severely toxic waste;
e)
ignitable waste;
f)
corroSive waste;
g)
reac;:tive waste;
h)
radioactive waste, except radioisotope wastes disposed of
in a landfill site in accordanCe with the written instructions
of the Canadian Nuclear Safety Commission;
i)
pathological waste;
j)
leachate toxic waste, aU as defined in Ontario Regulation
347/12 under the EnVironmental Protection Act;
k)
explosive waste; and
I)
PCB waste as defined in Ontario Regulation 362, R.R.O.
1990 under the Environmental Protection Act, and includes
a mixture of acute hazardous waste, chemical hazardous
waste, chemical hazardous industrial waste, pathological
waste, radioactive waste or severely toxic waste and any
other waste material identified as a hazardous waste in any
Provincial or Federal statute, regulation, Order in Councilor
otherwise from time to time.
2.16 HOUSEHOLD HAZARDOUS WASTE -
means any household
product, material or item labeled as "corrosive", "toxic",
"reactive", "explosive" or i'flammable", and which is accepted
under the Township's household hazardous waste program, if
any, in effect from time to time including:
a)
aerOSols;
b)
antifreeze;
c)
asbestos;
d)
bulked fuel;
e)
car/vehicle batteries; dry-cell batteries;
f)
fire extinguishers;
g)
flammable liqUids;
h)
flammable solidS;
i)
fluorescent light bulbs;
j)
halogenated pesticides and herbicides;
k)
ignitable gas cylinders;
I)
inorganic acids;
m)
inorganic bases;
n)
inorganic cyanides;
0)
inorganic oxidizers;
p)
iSocyanates;
q)
large propane tanks;
r)
mercury switches;
By-law No. 2013-051
Page 5
s)
non-basic fire sLippressants;
t)
non-ignitable gas cylinders;
u)
non-PCB light ballasts;
v)
non-halogenated pesticides;
w)
oil ;
x)
oil filters;
y)
organic oxidizers;
z)
paint;
aa) paint sludge;
bb) PCB contaminated waste;
cc)
PCB light ballasts;
dd) pharmaceuticals; and
ee) small gas cylinders.
2.17 HOUSEHOLD PET WASTE -
shall mean animal excrement
generated by a domesticated animal that is not living on a farm
or in a kennel.
2.18 INDUSTRIAl- GARBAGE -
Garbage generated by an industrial
operation and is assessed industrial for property tax purposes.
2.19 LANDFILL PASS - means a card issued to a resident or ratepayer
of the Township of South Stormont authorizing them use the
Trillium Road Landfill Site subject to the RLiles and Regulations
and other requirements set out in this by-law.
2.20 LANDFILL SITE - shall mean any area of land at 14595 Trillium
Road designated by the Township to be used for the disposal of
waste and as approved by the Ministry of the Environment.
2.21 LEAF AND YARD WASTE ..... shall mean organic material including
yard plants and weeds, hedge and shrub trimmings, tree limbs
having a diameter of less than 7.62 centimetres (approximately
3 inches) and length of not more than 1 m.etre (approximately
40 inches), lawn and garden cuttings, leaves, twigs and other
compostable yard items.
2.22 LIQUID WASTE - shall mean Waste that is not solid and that
exhibits evidence of free water, or other liquids, whether or not
contained.
2.23 MATERIAL RECOVERY FACILITY -
means the City of Cornwall
Material Recovery Facility.
2.24 OWNI;R ..... includes:
a)
both the owner in trust and the beneficial owner of property
that is subject to this By-law;
b)
the person for the time being managing or receiving the
rent of the property that is subject to this by-law in
connection with which the word is used, whether on the
By-law No. 2013-051
Page 6
person's own account or as agent or trustee of any other
person or who would receive the rent if the property was
let; and
c)
a lessee or occupant of the property who manages or
controls the condition of the property that is subject to this
By-law.
2.25 PUBLIC PROPERlY - shall mean any property owned by the
Township or by Her Majesty the Queen in right of either Canada
or Ontario and includes both the traveled and untraveled
portions of any and all highways as defined in the Highway
Traffic Act, as amended, that are located in the Township;
2.:26 RECYCLABLE MATERIALS - shall mean Recyclable Containers and
Recyclable Fibres, including, but not limited to:
a)
Recyclable Containers
i)
aseptic containers (drinking boxes);
ii)
dry empty metal paint and empty aerosol cans;
iii)
gable-top containers (juice and milk cartons);
iv)
glass bottles and jars and containers;
v)
metal beverage and food containers, foil and plates;
vi)
plastics #1-#7, packaging and containers from food,
beverage and household products, including:
-
plastic bottles and jugs;
-
plastic soft drink and water containers;
-
tubs and lids; and
-
frozen juice containers.
and
b)
Recyclable Fibres
i)
boxboard (cereal and cracker boxes);
ii)
corrugated cardboard;
iii) envelopes, direct mail advertising, paper egg cartons,
greeting cards and all remaining paper and paper
products generated by households, save and except
tissue,
paper
towels,
napkins,
waxed
paper,
laminated,
lined
and
metalized
paper
and
contaminated paper;
iv) fine paper;
v)
magazines;
vi) newsprint;
vii) telephone books; and
viii) paperback books and hard cover books with the
coverS removed; and hat beverage Pilper cups.
2.27 RESIDENTIAL GARBAGE - Garbage generated from a Dwelling
Unit.
By-law No. 2013-051
Page 7
2.28 SCAVENGlNG ,.,. shall mean the unauthorized removal by a
person other than the Township or its agent of Waste, Recyclable
Material or other refuse that has been set out for collection or
special collection programs, or the unauthorized removal of
Waste, Recyclable Material or other refuse from in, around or
among disposable solid Waste at the Site.
2.29 SCRAP METAL - includes but is not limited to:
a)
metal bicycles;
b)
metal bed frames;
c)
metal fencing/posts;
d)
metal filing cabinets;
e)
hot water tanks;
f)
metal sinks;
g)
nuts/bolts/nails/screws;
h)
passenger vehicle tire rims;
i)
metal desks;
j)
metal shelves;
k)
metal lawnmowers;
I)
metal no longer than 3 metres (approximately 9.8 feet) in
length;
m)
aluniinum siding;
n)
0)
p)
automotive parts;
pipe fittings; and
barbeques, excluding propane tanks~
2.30 STREET -
shall mean any public highway, road, street, lane,
alley, square, place, thoroughfare or way within the Township of
South Stormont.
2.31 TIPPING FEE..., shall mean the charge levied by the Township at
the Landfill Site for disposable Waste under the terms of this By-
law.
2.32 TOWNSHIP -
shall mean the Corporation of the Township of
South Stormont.
2.33 TOWNSHIP GARBAGE BAG (LOGO) - is a specially m~nufactured
garbage bag affixed with the Township logo sold for the
exclusive purpose of supporting waste management in the
Township of South Stormont. Purpose of a Township Garbage
Bag is to identify a garbage unit for collection and disposal within
the Township of South Stormont. Cost of a bag shall be as listed
in the Township's current Fees and Charges By-law.
2.34 UNACCEPTABLE WASTE - shall include, but not be limited to:
a)
Bio Medical Waste;
By-law No. 2013-051
Page 8
b)
Building waste;
c)
Bulk Waste;
d)
carcasses of dogs, cats, fowl and other creatures Or part
thereof;
e)
earth, brick and stone;
f)
hay and straw;
g)
Hazardous Waste;
h)
Household Hazardous Waste;
i)
Human and animal excrement, except for Household Pet
Waste and diapers;
j)
industrial, commer-cial and trade Waste;
k)
Leaf and Yard Waste;
I)
Liquid waste;
m)
Recyclable Materials;
n)
sawdust, shavings and vermiculite;
0)
steel barrels;
p)
car parts;
q)
wood in excess 0.9 metres (3 feet)
in length, wooden
boxes and barrels;
r)
wire, wire mesh and fencing; or
s)
White Goods.
2.35 UNACCEPTABLE LANDFILL WASTE -
shall include, but not be
limited to:
a)
Bio Medical Waste;
b)
Building Waste as a result of a house or structure fire;
c)
commercial waste;
d)
industrial waste;
e)
condemned or dead animals or their carcasses;
f)
Hazardous Waste;
g)
Household Hazardous Waste;
h)
explosives or highly flammable materials or chemicals;
i)
motor vehicles or parts of motor vehicles; and
j)
waste oil or petroleum products.
2.36 USER - shall mean any person or persons utilizing or depositing
waste at the Landfill Site.
2.37 WASTE - shall mean Bio Medical Waste, Bulk Waste, Garbage,
Building Waste, Hazardous Waste, Household HazardolJs Waste,
Leaf and Yard Waste, Liquid Waste, Recyclable Materials, White
Goods and such other waste as may be designated in this By-
law.
By-law No. 2013-051
Page 9
2.38 WHITE· GOODS .... means:
a)
air conditioners, window mounted and central air systems;
b)
clothes dryers;
c)
dehumidifiers;
d)
dishwashers;
e)
freezers;
f)
hot water tanks, drained;
g)
microwave ovens;
h)
ovens;
i)
pool heaters;
j)
refrigerators;
k)
stoves;
I)
water pressure tanks; and
m)
water coolers.
2.39 WOODWASTE - means:
a)
that is wood or a wood product, including tree trunks, tree
branches, leaves and brush;
b)
pressure treated wood, and
c)
from
which
easily removable hardware, fittings and
attachments, unless they are predominantly wood or
cellulose, have been removed;
but does not include;
'-
an upholstered article, or
-
an article to which a rigid surface treatment is affixed or
adhered,
unless
the
rigid
surface
treatment
is
predominantly wood or cellulose.
3.0
PROHIBITIONS
In addition to the prohibitions on specific types of Waste, as
defined in this By-law, the following general provisions shall
apply:
3.1
No person shall depOSit, or allow or cause any other person to
deposit any Waste on or onto any Street or Public Property.
3.2
No Owner shall allow or cause the accumulation or storage of
Waste on his property so that it becomes a public nuisance or
emits offensive odours or is likely to attract birds, rats or other
vermin or insects.
3.3
No person shall deposit or allow, or cause to be deposited Waste
generated on private property in Waste receptacles located on
Public Property.
By-law No. 2013-051
Page 10
4.0
AUTHORITY
The Public Works Manager, or designate, shall have the authority
to:
4.1
Discontinue or refuse Waste collection services to any Owner
whose property in the opinion of the Public Works Manager, or
designate, is unsafe f()I" entry or egress by Waste collection
personnel for any reason, including, but not limited to, the
physical layout, loading facilities or methods of handling Waste
on the property; or
4.2
Suspend Waste collection service in all or part of the Township in
the event of inclement weather or other condition that in the
opinion of the Public Works Manager, or deSignate, renders the
provision of Waste collection services unsafe or otherwise
undeliverable.
5.0
COLLECTION
5.1
The Township shall provide and maintain a three-stre.am
collection system; Those specific and separate collections are
described
as Garbage collection,
collection
of Recyclable
Materials and Leaf and Yard Waste collection.
5.2
Receptacles
a)
No person shall place Garbage out for collection unless it is
contained in a receptacle described as follows:
i)
A returnable receptacle that .is waterproof, durable,
rust reSistant, non absorbent with a close fitting cover
and two suitable handles. Such container shall not
weigh more than 22 kilograms (approximately 50
pounds) including contents. Every such container shaH
be provided with a good watertight cover, which cover
shall at all times remain in poSition before and after
pickups, so as to preclude the ingress and egress of
flies, rats, insects, vermin or the escape of odours
there from. No container shall be greater than 82
litres (apprOXimately
22
gallons)
and
shall
be
specifically manufactured for the purpose of containing
garbage. Furthermore, Garbage placed in a receptacle
must be contained in a plastic bag(s), not loose in the
container.
b)
No person shall place Recyclable Materials out for collection
unless they are contained in one of the following approved
receptacles:
i)
Blue or black plastic boxes with a lip for handling, that
is clearly and easily identifiable to contain Recyclable
Materials without spilling and that do not exceed 60.5
litres (approximately 16 gallons)
and
shall
be
specifically manufactured for the purpose of recycling
collection; or
ii)
Clear plastic bags,
not exceeding 22 kilograms
(approximately SO poundS);
By-law No. 2013-051
Page 11
or are placed out for collection in the following
manner:
iii)
Recyclable Fibres and other waste paper tied securely
in Bundles not larger than 1 metre by 1 metre by 0.5
metres (approximately 2 feet by 2 feet by 12 inches)
and not exceeding 22 kilograms (approximately 50
pounds) in weight;
c)
No person shall place Leaf and Yard Waste out for collection
unless it is placed as follow:
i)
in paper bags with the tops folded to prevent
precipitation
from
entering
and
are
specifically
designed for composting purposes
or are placed out for collection in the following
manner:
ii)
boughs, twigs and cuttings may be placed for
collection in securely tied Bundles that do not exceed
1 metre by 1 metre by 0.5 metres (approximately 2
feet by 2 feet by 12 inches) and not exc;eeding 22
kilograms (approximately 50 pounds) in weight;
d)
Any receptacle placed out for collection that is broken or
that breaks when lifted will not be collected.
e)
Plastic bags are prohibited as a receptacle for Leaf and Yard
Waste.
5.3
Preparation for Collection
a)
Items shall be drained of all liquids and be securely
wrapped and then placed in a suitaole receptacle.
b)
No person shall place bleach or any type of chemical on the
approved Container or clear plastic bag for the purpose of
deterring birds or animals.
5.4
Placing for Collection
a)
No person shall set out for Collection, or allow or cause to
be set out for collection any Unacceptable Waste.
b)
No Owner shall set out Garbage or Recyclable Material for
collection or allow or cause Garoage or Recycling Material
to be set out for collection prior to 7:00 p.m. of the day
prior to the scheduled collection day and after 7:00 a.m. of
the scheduled collection day.
c)
No Owner whose property is vacant shall set out for
collection, or allow or cause to be set out for collection any
Waste on vacant property.
d)
No Owner shall fail to remove any Container, whether
empty or not, from the Street by 7:00 p.m. on the
scheduled collection day.
By-law No. 2013-051
Page 12
e)
No Owner shall set out for collection or allow or cause to be
set out for collection, Waste generate.d on his property onto
any other person's property or onto the Street abutting any
other person's property without the prior consent of that
other person.
f)
No person shall Scavenge, interfere with, disturb, remove
or scatter or allow or Cal,Jse to allow any Waste set out for
collection be picked over, interfered with, disturbed,
removed or scattered unless authorized to do so by the
Public Works Manager, or designat~.
.
g)
Containers set out for collection shall be placed as close to
the Street curb as possible without obstructing the roadway
or sidewalk and in any case the Public Works Manager, or
d~signate shall have the power to deSignate the precise
point at which the Containers or Bundles shall be placed for
collection.
h)
Under no circumstances shall Containers be placed on
roadways, lanes, public driveways or any other public areas
that are used by vehicles.
i)
Where it is deemed more convenient, in the opinion of the
Township, to make collection from the rear of the premises,
collections may be
mad~ by entering lanes or alleys
provided that Safe access and turning space is available.
During winter months pathways must be maintained clear
of snow and ice by the owner or occupier. The Township
shall have the sole right to determine whether safe access
or sufficient turning space is available.
j)
Containers and Bundles of garbage shall be set out for
collection on sl,Jch days and at such hours as are fixed by
the Township and no person shall place any receptacle or
Bundle of garbage on the street on any day after the hour
fixed for collection. The Township shall not be obliged to
make a second call.
5.5
Collection Frequency
a)
Garbage collection shall take place once each week.
If
necessary, additional collection requirements shall be made
by other means and at the expense of the Owner.
b)
Collection of Recyclable Materials shall be bi-weekly.
5.6
Collection Quantity
a)
Garbage Collection Limits
i)
Agricultural Garbage -
6 Containers or Bundles per
occupied address;
ii)
Commercial Garbage - 6 Containers or Bundles per
occupied address;
iii)
Industrial Garbage -
6 Containers or Bundles per
occupied address; and
By-law No. 2013-051
Page 13
iv)
Residential Garbage-
2 Containers or Bundles per
Dwelling Unit;
b)
Recycling Collection Limits
i)
There is no limit on the number of Containers for
Recyclable Materials or the
qu~ntity of Recyclable
Materials that may be set out for collection.
c)
Leaf and Yard Waste Collection Limit
i)
20 bags, Containers or Bundles per Dwelling Unit.
5.7
Ga.rbage Bag Program (User Pay)
a)
Township Garbage Bags are available for purchase to allow
Users to Place Garbage in Containers out for collection
when the number of ContainerS is in excess of their
(3l1owable limit.
b)
The cost of the Township Garbage Bags shall be determined
in the Township's current Fees and Charges By-law.
c)
Township Garbage Bags (3re available for purchase at Town
Hall and other approved locations throughout the Township.
6.0
MUNICIPAL LANDFILL SITE / MATERIAL RECOVERY FACILITY
6.1
The Township shall
est~blish and operate a Landfill Site on
designated property owned by the Township and authorized by
the Ministry of Environment.
6.2
The Township shall establish a Recycling program and make
provisions for Recycling Material at a Material Recovery Facility
authorized by the Ministry of the Environment.
6,3
The use of the Landfill Site and Material Recovery Facility for the
disposal of refuse is a privilege and not a right that will be
extended to all residents and ratepayers in the Township. Only
those residents and ratepayers in the Township who have been
issued and are in possession of a valid Landfill Pass or who are
able to provide proof of residence in the Township are entitled to
use the Landfill Site and Material Recovery Facility.
6.4
Users will separate, sort and place each type Of G~rbage or other
refuse in particular areas as directed by the Landfill Site
attendant or signs. The categories are as follows:
a)
Recyclable Materials;
b)
Building Waste;
c)
Garbage;
d)
Scrap Metal;
e)
White Goods;
f)
Woodwaste; and
g)
Tires
By-law No. 2013-051
Page 14
6.5
No person shall deposit at the Landfill Site, or allow or cause to
deposit any Unacceptable Landfill Waste at the Landfill Site.
6.6
No person shall deposit, or allow or cause to be deposited Waste
at the Landfill Site outside the hours of operation as determined
by this By-law and posted at the site.
6.7
No person shall deposit, or allow or cause to be deposited any
Unacceptable Landfill Waste at the Landfill Site that is WQste
generated outside of the Township.
6.8
No person shall deposit, or allow or cause to deposit any burning
material or set any fire C)t the Landfill Site, save and except as
permitted under the Township's Certificate of Approval by
authorized Township personnel.
6.9
No person shall deposit, or allow or cause to deposit waste at the
gate or entrance to the Landfill Site or at any plaCe other than
the place designated for its receipt.
6.10 No person shall neglect or fail to provide proof of the origin of
Waste tendered for disposc;sl at the Landfill Site when such is
demanded, provided that, in lieu of providing such proof, the
person tendering the Waste shall remove it Without unloading it.
6.11 No person shall operate a motor vehicle at the Landfill Site:
a)
other than on designated roadways or driveways;
b)
without due care and attention; or
c)
at greater than the posted rate of speed.
6.12 No person shall Scavenge or salvage at the Landfill Site.
6.13 No person shall deposit Waste at the Landfill Site while barred
from doing so.
6.14 Waste not generated within the Township Or that does not comply
with this By-law shall not be delivered to or unloaded at the
Landfill Site and, whether unloaded or not, shall be removed by
or at the expense of the User seeking to dispose of it.
6.15 All Waste deposited at the Landfill Site shall become the property
of the Township and may be salvaged, reclaimed, recycled,
disposed of or otherwise dealt with by the Township as the
Township lTlay deem fit, subject to the provisions of the
Environmental Protection Act. However, this shall not relieve a
User from an obligation imposed by Section 6,4 of this By-law.
6.16 No person shall attend at or trespass on the Landfill Site except
for the purposes of depositing Waste or for other lawful business.
6.17 The employee designated by Council as being in charge of the
Landfill Site may at any time order any person found scavenging
or conducting any other illegal activity on the Landfill Site or
having no lawful reason to be there, to leave forthwith and if any
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such person fails or refuses to leave, may call for police
assistance and cause trespass charges to be laid. Such persons
may be barred from the Landfill Site by the Public Works
Manager, or designate.
7.0
LANDFILL SITE PASS
7.1
Upon request, the Township may issue one landfill Site Pass to
each
Dwelling
Unit,
either property owner, or with the
authorization of the property owner, the lessee of the property.
The Landfill Pass will permit the holder to dispose of two loads
per year to the Landfill Site at no charge.
7.2
Notwithstanding "7 .1, the Landfill Pass does not allow White Goods
that have not been decommissioned to be disposed at ho charge.
7.3
The Landfill Pass may only be used by the person to whom it was
issued or a spouse or member of the Dwelling Unit or such person
acting with the knowledge and consent of such person.
7.4
The person to whom the Landfill Pass was issued may be held
responsible for the misuse of the Landfill Pass, including its use
by an unauthorized person or any violation by any person using
her/her Landfill pass.
7.5
The Township may suspend, terminate or restrict the privilege of
using the Landfill Site; in addition to cancelling the Landfill Pass,
for any person who misuses or who continues to contravene the
Waste Management System By-law.
8.0
LANDFILL SITE FEES
8.1
Every User depositing Waste at the Landfill Sit~ shall pay the
Tipping Fee as set forth in the current Fees and Charges By-law
for the disposal of the Waste that is in effect at the time of
payment.
9.0
MANDATORY RECYLING
9.1
No person shall dispose of Recyclable Materials except by
tendering them at the Landfill Site, Material Recovery Facility or
properly placing them out for collection.
10.0 OFFENCES
10.1 Every person who contravenes any of the provisions of this By-
law is gUilty of an offence.
10.2 Every person who is convicted of an offence under this By ... law is
liable to a fine of not more than $10,000 for a first conviction;
and $25,000 for any subsequent offence of this By-law, exclusive
of cost under the Provincial Offences Act, R.S.O. 1990.
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10.3 Where a corporation is convicted of an offence under the
provisions of this By-law, the maximum fines that may be
imposed on the corporation is $50,000 for a first offence and
$100,000 for any subsequent offence of this By-law, exclusive of
cost under the Provincial Offences Act, R.S.O. 1990.
10.4 Where a person has been convicted of an offence under this By-
law,
a)
the Ontario Court of Justice, or
b)
any court of competent jurisdiction thereafter may in
addition to any other penalty imposed on the person
convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act or thing by
the person convicted directed towards the continuation or
repetition of the Offence.
11.0 SEVERABILITY
11.1 It is hereby declared that each and every of the foregoing
provisions of this By-law is severable and that, if any provisions
of this By-law should for any reason be declared invalid by any
Court, it is the intention and desire of this Council that each and
every of the then remaining provisions hereof shall remain in full
force and effect.
12.0
REPEAL
12.1 That any by-law inconsistent to this By-law is hereby repealed.
READ AND PASSED in open Council, signed and sealed this 26th day of
June, 2013.
May
.'
, Clerk ~J1 --.