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THE CORPORATION OF THE MUNICIPALITY OF SOUTHWEST MIDDLESEX
Bylaw No. 2018/025
BEING A BYLAW FOR ESTABLISHING AND MAINTAINING A SYSTEM FOR THE
COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS
WHEREAS the Municipal Act, 2001, Section 5, provides that the powers of a
municipality shall be exercised by its council and that a municipal power, including a
municipality's capacity, rights, powers and privileges under section 9, shall be exercised
by by-law unless the municipality is specifically authorized to do otherwise; and
WHEREAS the Municipal Act, 2001, Section 8, provides that the powers of a
municipality shall be interpreted broadly so as to confer broad authority on the
. municipality to enable the municipality to govern its affairs as it considers appropriate
and to enhance the municipality's ability to respond to municipal issues; and
WHEREAS the Municipal Act, 2001, Section 460, provides that a lower-tier municipality
that is lawfully providing a waste management service or facility on December 31, 2002
may, despite s. 11 of the Municipal Act, 2001, continue to provide the service or facility
so long as there is no interruption in the continuity of providing the service or facility;
and
WHEREAS the Municipal Act, 2001, Section 11, Subsection 3, provides that a lower-tier
municipality may pass by-laws respecting waste management matters;
WHEREAS the Municipal Act, 2001, Section 391 provides that a municipality may pass
By-laws imposing fees or charges on any class of persons:
a) For services or activities provided or done by or on behalf of it; and
b) For costs payable by it for services or activities provided or done by or on behalf of
any other municipality or local board; and
c) For the use of its property including property under its control; and
WHEREAS the goal of the Municipality of Southwest Middlesex is to reduce waste
through various public and private initiatives and thus minimize environmental impacts
of waste disposal; and
WHEREAS the aim is to use the Landfill and/or Transfer Station in a sustainable
manner so as to reserve the facility as long as possible for the benefit of the Municipality
of Southwest Middlesex.
WHEREAS the solid waste management program shall be a user pay program ahd be
self-funded from user fees and Landfill and/or Transfer Station tipping fees.
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE MUNICIPALITY OF
..
SOUTHWEST MIDDLESEX ENACTS AS FOLLOWS:
1. DEFINITIONS
(a) Waste Types
i) "Backyard Composting" is encouraged with the following household waste
- fruit and vegetable peelings, egg shells, coffee grounds, ashes and any
other organic matter. Composting information is available from the Municipal
office.
ii) "Blue Box Program" means all materials accepted in the curbside recycling
program provided by the Municipality and shall include glass bottles and jars,
newspapers, magazines, phone books, food and beverage cans, plastic
bottles, plastic tubs, mixed paper, corrugated cardboard and boxboard.
Further details can be obtained at the Municipal office and may change from
time to time.
iii) "Construction Debris" shall mean discarded building material, concrete,
stones, earth from excavations or grading and all other refuse matter resulting
from the erection, repair, and demolition of buildings, structures or other
improvements of property and shall be the responsibility of the property owner
and or contractor for the disposal/transportation of said waste.
iv) "E-Waste" consists of audio and video players, cameras, cell phones,
computers, printers, radios, receivers, scanners, telephones, televisions, and
other electrical waste products. These types of products can be disposed of
at the Landfill and/or Transfer Station.
v) "Household Waste" means all rejected, abandoned or discarded household
waste .including that of animal origin, packaging material, unusable clothing
etc. These wastes are be set out for curbside pickup provided by the
Municipality in clear plastic bags not weighing more than 451b. (20kgs). Each
bag must have a bag tag attached to it in order to be picked up. Bag Tags
may be purchased at various locations throughout the Municipality at the
current price. Further details can be obtained at the Municipal office and
may change from time to time.
vi) "Household Hazardous Waste" shall include propane cylinders, petroleum
distillates, light fuels, household waste paints, acute hazardous waste
chemicals, waste crankcase oils and lubricants, inorganic chemicals,
halogenated pesticides and herbicides, non-halogenated organic pesticides.
Residents can drop off their household hazardous waste at the City of
London's W12A Landfill Site located at 3502 Manning Drive south of Highway
401'. Further details can be obtained at the Municipal office and may change
from time to time.
vii) "Large Garbage" shall include mattresses, crates, packing material, major
appliances (refrigerators-(once Freon is removed) washers, dryers, stoves, .
etc.) ordinarily operated by gas or electric, large household furnishings such
as all other large and/or bulky articles actually used in the home (chairs,
sofas, tables, beds, carpets, etc.) and can be disposed of at the Landfill
and/or Transfer Station.
viii)"Manufacture and Trade Waste" shall mean any abandoned, condemned or
rejected product or by-product, builders' and contractors' refuse and garbage
and service station waste and shall be the responsibility of the property owner
and/or contractor for the disposal/transportation of said waste.
ix) "Tree Limbs, Brush and Clean Wood" (over 1 Y2" in diameter) and these
wastes can be disposed of at the Landfill and/or Transfer Station and will be
burnt. Only wood without surface treatment such as paint or stain will be
allowed to be burnt. No other types of waste will be allowed to be mixed or
burnt with these items.
x) "Yard Waste" shall mean all leaves, grass clippings, garden trimmings, and
small branches and these wastes can be disposed of at the Landfill and/or
Transfer Station.
(b) Types of Generators
I) "Householder" shall mean the owner, occupant, lessee, tenant, or any
person having use, occupation and/or charge of any dwelling, apartment
house, townhouse or any portion thereof, or any other premises.
ii) "Commercial" shall mean buildings or structures located in the commercial
zones as outlined in the Zoning By-law.
iii) "Industrial" shall mean building or structures located in the industrial zones
as outlined in the Zoning By-law.
iv) "Institution" shall mean any public building, hospital or nursing home as
outlined in the Zoning By-law.
(c) Location of Generators
I) "Premises" shall mean a full self-contained dwelling unit, or in the case of
commercial industrial or institutional establishments, fully self-contained units,
each with a separate external access.
ii) "Apartment Building" shall mean a building which consists offive or more
dwelling units but the term shall not include a group of dwellings.
iii) "Street" shall mean any public highway, road, lane, alley, square, place,
thoroughfare or way within the Municipality of Southwest Middlesex.
(d) General
i) "By-law Enforcement Officer" shall mean the By-law Enforcement Officer
for the Municipality of Southwest Middlesex or any other officer authorized by
the Municipality of Southwest Middlesex for the enforcement of By-laws in the
Municipality of Southwest Middlesex.
ii) "Downtown Core" shall include premises that have addresses on the
following streets:
Within the Community of Glencoe, generally bounded by:
-
John Street to the North
-
Deane Street to the South
-
Victoria Street to the East
-
Currie and O'Mara Streets to the West
Within the Community of Wardsville, generally bounded by:
-
From Kennedy Street along the Westerly limit
-
Hannah Street to the South
-
William and Church Streets to the North
iii) "I.C.I" shall mean waste or recyclables produced by the Industrial,
Commercial and Institutional sector.
iv) "Municipality" shall mean the Municipality of Southwest Middlesex.
v) "Owner" shall include the legal title holder of the property, the occupier of the
property or the person, for the time being managing or receiving rent of the
land or premises and shall also include a lessee or occupier of the property
who, under the terms of the lease, is required to repair and maintain the
property in accordance with municipal bylaws.
vi) "Public Works Manager" shall mean the Public Works Manager of the
Municipality of Southwest Middlesex or his/her authorized representatives.
vii) "Recyclable Material" shall mean all materials accepted in the
curbside-recycling program provided by the Municipality.
viii)"Waste" shall mean all waste generated, produced or created within the
Municipality of Southwest Middlesex and includes woodstove/fireplace ashes
" .
and garbage generated, produced or created, but excludes: recyclable
material, explosive or highly combustible material of any nature, care bodies,
sheet iron and scrap metal, tree stumps, corrosive or toxic material, animal
carcasses, liquid waste, bio-medical waste and waste of any nature and kind
as is now or may hereafter at any time be prohibited for disposal at the
Landfill Site and/or Transfer Station by reason of any statute hereafter
enacted or amended.
Section A.
Responsibilities of the Municipality of Southwest Middlesex
1.
A collection service of disposable solid waste for the following occupied premises
within the limits of the Municipality:
a.
Residential premises - weekly
b.
Multi-residential premises - weekly
c.
Commercial - Downtown Core Business area as defined - weekly
d.
Commercial and Institutional premises in any Idcation but who
generate 5 or less tagged bags per pickup - weekly
2.
A collection service of recyclable materials for the following occupied
premises within the limits of the Municipality:
a.
Resi~ential premises - weekly
b.
Multi-residential premises - weekly
c.
Commercial - Downtown Core Business area as defined - weekly
d.
Commercial and Institutional premises in any location but who
generate 5 or less tagged bags per pickup - weekly
3.
The Trillium Drive Landfill and/or Transfer Station shall be open on the days
outlined in Schedule "A". This site is available for residents and lei premises of
Southwest Middlesex only. Details concerning tipping fees and other
information concerning the Transfer Station are also available on Schedule "A" of
this By-Law, from the municipal office, and from municipality's web site.
Section B.
I.C.!. Sector - Industrial, Commercial or Institutional
With the exception of the Downtown Core Business Area, and those small premises
who generate 5 tagged bags per pickup, the Municipality does not collect or dispose of
any material, waste or recyclables from the l.e.1. Sector. Larger lei generators must
make private arrangements for waste disposal.
"
Section C.
Responsibilities of the Residents
1. The participation in the collection of solid waste is mandatory as set out in
Section A:
Responsibilities of the Municipality of Southwest Middlesex -
subsection 1 .
.2, The participation in the collection of recyclable materials is mandatory as set out
in Section A.
Responsibilities of the Municipality of Southwest Middlesex
- subsection 2.
3. No person shall set out for collection any waste or recyclable material before
7:00 p.m. on the evening prior to the day of collection.
4. Waste and recyclable material must be set out for collection by 7:00 a.m. on the
day of collection to ensure pick-up.
5. No person shall set out material, waste or recyclable materials for collection in a
manner not provided for in this bylaw.
6. All waste and recyclable material set out for collection shall be placed as close as
possible to the edge of the roadway without obstructing the roadway, sidewalk or
footpath. No waste or recyclable material set for collection shall be placed in the
gutter or ditches or on the traveled portion of the roadway. The Municipality
shall have the right to designate the most convenient point for collection.
7. No person shall throw, place or deposit in or on any street, highway, land, alley
or other public place within the Municipality any material, waste or recyclable
material, except as provided for in this bylaw.
8. In l.e.1. premises (requiring private waste disposal services as set out in Section
8) including, but not li,mited to restaurants, grocery stores, food stores, butcher
and meat shops or on any premises where it is necessary to accumulate waste in
large amounts, the same shall be placed in containers and the contents shall be
stored in a waste room or bin so constructed to prevent the entrance of flies, rats
or other vermin, and the said room or bin shall be maintained in a sanitary
condition at all times. No person shall deposit or place any waste, material or
other refuse in any location or manner within the Municipality of Southwest
Middlesex other than in such locations and at such times as are provided for in
this by-law.
9. No person shall pick over, interfere with, scavenge, disturb, remove or scatter
any waste, recyclable material or. other refuse set out for collection except any
employee, authorized agent or representative of the Municipality.
10. No person shall deposit, cause, permit or allow to be deposited any waste,
recyclable materials or other refuse on any lands not owned by him or her unless
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'.
the owner of the lands has authorized the materials to be deposited thereupon in
writing. This section does not apply to the placement of waste, recyclables or
other permitted material on the road allowance for the purpose of collection by
the Municipality or its agent under the provisions of this bylaw;
11 . No person shall set out wood stove/fireplace ashes out for collection until at least
5 days after they have been removed from fire and are kept in a separate,
non-flammable container placed inside the waste receptacle;
12. No person shall set out waste unless it is drained of liquid before it is placed in a
container or bag for collection and the liquids are to be managed appropriately;
13. Recyclables are free of any solid, semi-solid or liquid contaminant which would
render them non-recyclable;
14. Waste set out for collection is separated into Garbage and Recyclables;
15. Each type of collectable Waste (Household waste and Recyclables) shall be
separated when set out for collection, Garbage shall be placed in clear garbage
bags with appropriate bag tags on each bag and Recyclables shall be placed in a
separate Recycling Container;
16. For every property which is leased, the Property Owner shall provide sufficient
containers for Recyclables for every tenant;
17. Damaged blue boxes issued by Southwest Middlesex can be returned to the
Municipal Office for replacement at no charge.
Section D.
Removal of Waste Not Collected and Containers
Every Waste Generator and Property Owner shall ensure that Waste not collected and
all Containers are removed from the Collection Point before 7:00 p.m. on the day of
collection;
TYPE OF WASTE
COLLECTION METHOD
Garbage:
a) General
In a clear Qlastic bao
b) Sharp Objects
In a rigid container, no larger than 0.6
metres (2 feet) in any dimension, securely
taped to ensure security of contents,
clearly labelled as containing sharp
objects
c) Pet Feces
In a clear plastic bag
Recyclables:
a) General
Loose in a recycling container or in a clear
plastic bag placed inside a recycling
container
b) Cardboard
Loose, but broken down to be no more
than 1.0 metre (3.28 feet) long by 0.6 (2
feet) in any other dimension, placed inside
a recycling_ container
c) Shredded Paper
II In a clear plastic bag placed inside a
recycling container
Section E.
General and Enforcement Provisions
1. For the purposes of this bylaw, the definitions and interpretations given in this bylaw
shall govern. In this bylaw, "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 and vice versa.
2. Where an owner or occupier sets out waste for collection that is not contained inside
of the approved receptacles as required under this bylaw;
a. Such waste may be collected by the Municipality or its agent and a collection
service fee of $150.00 shall be charged to the owner or occupier. The owner or
occupier shall be sent notice of such fee and the fee shall be payable to the
Municipality; and,
b. The fee imposed under this section, if unpaid after sixty (60) days, shall be
added to the municipal tax roll for any real property in the municipality which
benefits from such collection and fee unpaid in accordance with subsection "a"
above may be collected in a like manner as taxes or in such manner as the
Municipality deems appropriate.
3. Any person who breaches any provision of this bylaw and consequently causes or
permits collectible material and/or non-collectible material to fall upon property of the
Municipality or any other person, shall pick and gather up the same immediately;
otherwise,
a. The Municipality shall collect the material and charge a waste collection
service fee for illegal dumping in the amount of $150.00. Any person who
breaches this provision of the bylaw shall receive notice of such fee and the fee
is payable to the Municipality; and,
b. If the said fee is not paid within 60 days, same may be collected in such
manner, as the Municipality deems appropriate.
4. This bylaw shall be enforced by the Municipality's Enforcement Officer or his/her
designate. For the purposes of enforcing the provisions of this bylaw, such Enforcement
Officer(s) may inspect waste and material set out for collection on public property and/or
on private property upon the request of the owner or occupier of such property.
5. Every person who contravenes any provisions of this bylaw, or any owner or
originator of waste thrown, deposited or placed in contravention of this bylaw, upon
conviction, is guilty of an offence and is subject to the penalties as prescribed in the
Provincial Offences Act, R.S.O. 1990, Chapter P.33 or any successor legislation in
substitution therefore, and as set out in Schedule "8" of this by-law.
6. All bylaws or proVisions or any other bylaws inconsistent with this bylaw are hereby
repealed.
7. This bylaw may be referred to as the Municipality of Southwest Middlesex's "Waste
Management 8ylaw".
Read a First and Second time this 21 st day of March, 2018
Read a Third time and Finally Passed in Open Council this 28th day of March,
2018.
Municipality of Southwest Middlesex
Schedule "A" to By-law No. 2018/025
Southwest MldcUesex LandOn/Transfer Station.
1. Materials accepted
-
Large Garbage other than bagged household waste collected by
Municipal pick-up (refrigerators and freezers must be certified
Freon free) - charges apply.
-
Recyclables other than those collected by Municipal "pick-up of Blue
Box Program Items - charges apply.
-
Treated/Painted Wood and Limited Quantities of Construction Debris -
charges apply.
-
Clean Wood and Brush - free
-
Scrap Metal - free
-
E-Waste - free
-
Compostable Materials (Yard Waste) - free
-
Tires (without rims) - free
ALL ITEMS MUST BE SORTED BY HAND INTO SEPARATE BINS ANDIOR AREAS
AS SIGNED AND DIRECTED BY STAFF.
2. Items not accepted
-
Bagged Household waste collected by Municipal pick-up.
-
Blue Box Program Items collected by Municipal pick-up.
Schedule "A" Continued
-
Household Hazardous Waste.
-
Roof Shingles.
-
Construction Debris over one pick-up load per day.
-
Biomedical, Radioactive, or Explosive Wastes
3. Operations
-
Southwest Middlesex LandfilllTransfer Station is open to owners of
Southwest Middlesex premises only - Identification may be
.required.
-
All incoming loads of waste will be inspected and fees paid on arrival
for all/or partial contents as described above.
-
All/or partial loads may be rejected at the gate by staff if not acceptable
as described above.
-
Information will be requested and recorded as required by staff, the
appropriate fees paid, and a duplicate receipt will be issued.
-
Staff will help direct dumping of materials to ensure proper
segregation.
-
NO scavenging or removal of materials from the site will be allowed.
-
Staff will complete Daily and Weekly site inspections as required, as
well as the required Monthly Material Logs.
Schedule "A" Continued
-
The Southwest Middlesex LandfililTransfer Station will be open from
9:00 am to 4:00 pm every Saturday of the Month.
4. Rates
a. Household Waste Bag Tags (for roadside pick-up)
$ 1.75 each.
b. LandfililTransfer Station Dumping Rates
-
Minimum Charge $ 10.00 (for chargeable items only)
-
Pick-up (fully loaded) $ 30.00
-
Single-Axle Trailer $ 35.00 - $ 50.00
-
Oversize Trailer or Larger Truck $ 55.00 - $ 150.00
ITE~
1
2
3
4
5
6
7
8
9
Municipality of Southwest Middlesex
Schedule "B" to By-law No. 2018/025
PART I PROVINCIAL OFFENCES ACT
SET FINE SCHEDULE
GARBAGE/RECYCLING COLLECTION AND DISPOSAL BY-LAW
REFUSE SET FINE SCHEDULE
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision
Set Fine
Creating or
Definif!g_ Offence
Set out waste before 7 p.m.
C-3
$250
on the evening prior to the
day of collection
Set out materials for
C-5
$250
collection in a manner that is
not allowed.
Fail to ensure that waste
C-6
$250
and recyclable materials set
out for collection is placed
as close as possible to the
edge of the roadway without
obstructing the roadway,
sidewalk or footpath.
Place waste or recyclable
C-6
$250
materials set out for
collection in the gutter or
ditches or on the traveled
portion of the roadway.
Deposit material/waste on
C~7
$500
street, highway, land, alley
or any public space
Interfere or
C-9
$500
scavenge/salvage or disturb
material/waste
Deposit material/waste on
C-10
$500
private property without
permission
Deposit ashes in waste that
C-11
$500
are less than 5 days old
Place liquids in
C-12
$500
material/waste - not
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properly drained
10
Owner of rental/lease
C-16
$500
property fails to provide
sufficient containers for
waste and recycling
Note: The general penalty provision for the offences listed above is section E-5 of
By-law No. 2018/025, a certified copy of which has been filed.