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THE CORPORATION OF THE TOWNSHIP OF JOHNSON AND THE
CORPORATION OF THE TOWNSHIP OF TARBUTT
JOINT WASTE LANDFILL SITE BY-LAW
The Corporation of the Township of Johnson By-Law 2017-860
The Corporation of the Township of Tarbutt By-Law 13-2017
BEING A BY-LAW TO REGULATE AND MANAGE A JOINTLY OPERATED
LANDFILL SITE.
WHEREAS the Municipal Act 2001, S. O. 2001, c. 25, Section 74, allows a municipality
to... “for its own purposes, exercise its powers under its ‘Waste Management Sphere of
Jurisdiction’ in the municipality, in another municipality or in unorganized territory.”
AND WHEREAS this landfill site located at 3860 Government Road and described as
S. Pt. Block A Plan 61, PCL, 1518, Lot 7 Plan H797 Johnson Township and known as the
Johnson / Tarbutt Waste Landfill Site has been in existence since 1994 and has received
Environmental Assessment Act approval from the Provincial Government and has a
Provisional Certificate of Approval as amended under the Environmental Protection Act:
AND WHEREAS the Townships of Johnson and the Township of Tarbutt deem it
expedient to enact rules and regulations to establish and maintain a system to deal with
the operation of a Landfill Site;
AND WHEREAS The Municipal Act, 2001, S.O. 2001, ¢. 25, Section 20(1) allows for
one or more Municipalities to enter into a joint agreement.
AND WHEREAS The Municipal Act, 2001, S.O. 2001, c. 25, Section 76(1), allows for
Entry and Inspection, “For the purpose of obtaining information that a municipality
considers necessary for the municipality to meet the requirements of or to obtain an
approval under any Act relating to the planning, establishment, operation, management,
alteration or improvement of a waste disposal site or any other waste management
facility, the municipality may, at reasonable times, enter onto and inspect any land
including the conducting of tests of the land and the removing samples or extracts.”
AND WHEREAS The Municipal Act, 2001, S. O. 2001, ¢. 25, Section 391(1) & O. Reg.
244/02 provides municipalities with the authority to establish fees and charges for
acceptance of waste;
AND WHEREAS the Township of Johnson and the Township of Tarbutt (collectively
herein the “Townships”) deem it advisable to prescribe tipping fees for the acceptance of
waste at the Landfill Site as well as to prescribe Rules governing the use and operation of
the Landfill Site.
NOW THEREFORE THE COUNCILS OF THE CORPORATION OF THE
TOWNSHIP OF JOHNSON AND THE CORPORATION OF THE TOWNSHIP
OF TARBUTT DO HEREBY ENACT THE FOLLOWING:
1, THAT this by-law shall be known as The Johnson and Tarbutt Joint Waste
Landfill By-Law.
2. THAT the attached schedules numbered | to 8 shall form a part of this By-Law.
3. THAT the Townships shall from time to time recalculate the Landfill Closing and
Post Closing Liability costs to confirm they are sufficient to meet projected
closure costs.
4. THAT a funded reserve in the required amount as calculated from time to time
shall be established in each the Township of Johnson and the Township of Tarbutt
and maintained for the Landfill Closing and Post Closing Liability and proof of
the reserve shall be made available upon request by the partnering Township.
Joint Landfill By-Law 2017 l
10.
11.
12,
13.
THAT the apportionment of the expenses of operation of the Landfill, including
the Landfill Closing and Post Closing Liability shall be equal between The
Corporation of the Township of Johnson and the Corporation of the Township of
Tarbutt. For clarity, all expenses and costs including Landfill Closing and Post
Closing Liability shall be borne by each of the Townships on a 50/50 basis.
THAT the Landfill Site shall be used and operated in accordance with the
Landfill Rules set out in Schedule 2 hereto.
THAT the tipping fees set out in Schedule 4 hereto be adopted.
THAT the hours of operation of the Landfill Site set out in Schedule 5 hereto be
adopted.
THAT where a provision of this By-Law conflicts with provisions of another By-
Law in force in either of the Townships, then the provision that is more onerous
or establishes the higher standard shall prevail.
THAT if any provision of this By-Law is declared invalid for any reason or if any
Schedule of this By-Law is amended or added the remaining provisions and
Schedules shall remain in effect.
THAT this By-Law repeals and replaces all previous By-Laws and all
amendments to them that have been developed for the purpose of regulating and
managing the Johnson/Tarbutt Landfill Site and;
THAT nothing in this by-law shall restrict the Committee from developing and
managing the daily operations of the Landfill Site and;
THAT this By-Law comes into effect upon its passing.
READ A FIRST, SECOND, THIRD_AND FINAL TIME AND PASSED IN OPEN COUNCIL
THIS day of 2017.
THE CORPORATION OF THE TOWNSHIP OF JOHNSON
MAYOR
TED HICKS
SEAL
CLERK
RUTH KELSO
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READ A FIRST, SECOND, THIRD AND FINAL TIME AND PASSED IN OPEN COUNCIL
THIS 15" day of November, 2017
THE CORPORATION OF THE TOWNSHIP OF TARBUTT
MAYOR
CHRIS BURTON
SEAL
CLERK
GLENN MARTIN
Joint Landfill By-Law 2017 2
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL BY-LAW
SCHEDULE # 1
DEFINITIONS
For the purpose of this By-Law the following words shall have the meaning given herein:
a.
‘Ashes’ shall mean the solid residue of any fuel for heating or cooking purposes
and also the cleanings from chimneys.
‘Attendant’ shall mean an employee or contractor, contracted specifically to
attend at and monitor the landfill site described herein.
‘Bag’ shall mean a typical clear household garbage bag and shall contain a
maximum weight of 40 pounds of Waste.
‘By-Law Enforcement Officer’ shall mean the person appointed by each of the
Townships to carry out by-law enforcement duties.
‘Councils’ shall mean collectively the Council of the Corporation of the
Township of Johnson and the Council of the Corporation of the Township of
Tarbutt.
‘Committee’ shall mean a committee of appointed representatives from each of
the respective Councils.
‘Commercial Waste’ shall mean all rejected, abandoned or discarded Waste of a
nature generated by a business, industry and/or institution; but shall not include
items listed under Prohibited Waste as defined in Schedule # 3 of this by-law.
‘Funded Reserve’ shall mean an actual fully funded, identifiable reserve set aside
for a specific purpose.
‘Hours of Operation’ as defined in Schedule #5 shall mean the hours of which the
Landfill Site is open to the public and shall include a list of Public Holidays and
whether or not the Site is open on those specific days.
‘Household’ shall mean a unit consisting of one or more rooms designed for use
as a single housekeeping dwelling. A household includes a single-family
dwelling, a unit within an apartment building or other multiple dwelling and a
seasonal residence.
‘Household Waste’ shall mean all rejected, abandoned or discarded Waste of a
nature generated by a household; but shall not include items listed under
Prohibited Waste as designated in Schedule # 3 of this by-law.
‘Landfill or Landfill Site’ shall mean the location of 3860 Government Road
described as S. Pt. Block A Plan 61, PCL. 1518, Lot 7 Plan H797 Johnson
Township, may also from time to time be referred to as Disposal Site
‘Prohibited Waste’ shall mean any refuse material of a class or kind not accepted
at the Landfill Site as designated in Schedule # 3 of this by-law and such others
that are defined from time to time by the Committee.
‘Site’ shall mean the location of 3860 Government Road described as S. Pt. Block
A Plan 61, PCL. 1518, Lot 7 Plan H797 Johnson Township.
‘Tipping Fees’ shall mean the fees charged for the use of the Landfill Site as
designated in Schedule # 4 of this by-law.
Joint Landfill By-Law 2017 3
‘Townships’ shall mean collectively the Township of Johnson and the Township
of Tarbutt.
‘Trespass to Property Notice’ shall mean a notice issued pursuant to the
provisions of the Trespass to Property Act, R.S.O. 1990, c. T.21.
‘Vector’ shall mean a living insect, anthropoid or animal (not human) which
transmits infectious disease from one human or animal to another.
‘Vermin’ shall mean a potential carrier of disease, germs, bacteria or viruses, such
as but not limited to rodents, mosquitoes, flies, lice and fleas which transmit such
infectious elements to humans and animals.
‘Waste’ shall mean all rejected, abandoned or discarded refuse material and shall
include collectively all Permitted and Prohibited Waste as designated in Schedule
# 3 of this by-law.
Joint Landfill By-Law 2017 4
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL B
SCHEDULE # 2
LANDFILL RULES
Waste shall be accepted at the Landfill Site only fro
a
Townships unless otherwise approved by the yo
All Waste deposited at the Landfill Site becomes t
and may be salvaged, reclaimed, recycled, disposed
the Townships as the Townships deem fit, subject to
Act, but in so doing the person depositing the V
obligations under this by-law.
All Waste and/or other material must only be depos
signage or as directed by the site Attendants.
No land within the boundaries of the Townships
disposing or storing of Waste of any kind except at
area (s) within the boundaries of the Townships
Councils from time to time.
Public access to the Landfill Site shall be limited {
Schedule # 5 of this by-law.
No person shall:
>
attend or trespass on the Landfill Site except for
deposit Prohibited Waste or Waste or materials
except as may be allowed in a designated are
advance in writing by the Committee.
|
light any fire, or cause any fire) to be lit at
approval of MOE, MNR and in accordance with
than the designated area (s).
such proof, provided the Waste is removed fi
having been unloaded.
deposit Waste when such Waste has been pr
grounds that the deposit would be contrary to tl
proven and if
ume
Waste has not been satisfactorily
shall remove the Waste and ass
clean up of the affected area.
all costs
|
deposit Waste or materials at the Landfill Site
access.
designated areas for depositing of Waste.
Joint Landfill BylLaw 2017
I
deposit Waste generated outside of the Tov
authorized by the Committee; e.g. non-resident ¢
deposit Waste at the gate or entrance to the Lé
deposit allowable Waste or materials in any 4
Y-LAW
within the boundaries of the
he property of the Townships
of or otherwise dealt with by
the Environmental Protection
Vaste is not relieved of their
ted in the areas designated by
is to be used for dumping,
he Landfill Site and any other
hat may be approved by the
o Hours of Operations as per
ynship boundaries except as
r Commercial Waste.
lawful purposes.
not listed as Permitted Waste
a and except as approved in
the Landfill Site without the
the Johnson burning by-law.
ndfill Site or any place other
neglect or refuse to provide proof of the origin of the Waste presented for
disposal at the Landfill Site when such a request
is made; and may not provide
om the Landfill Site without
phibited by the Attendant on
nis by-law or the origin of the
unloaded at the Landfill Site
involved in the removal and
without proof of the right to
rea of the Landfill except in
> deposit dangerous and hazardous material such as poisons, hot live ashes or
coals, caustics, acids, infected materials, explosives, pesticides, herbicides,
radio-active material, raw animal manure, raw sewage, sludge, bulk liquids,
semi-solids, highly flammable or volatile substances, industrial process
sludge, animal carcasses or parts, biomedical waste, live animals, or birds,
Vector, Vermin, or substances which may cause personal or environmental
dangers.
> deposit trees or untreated lumber or parts thereof greater than eight (8) feet in
length.
> deposit waste of a class or kind which has been designated by the Townships
as Prohibited Waste.
The use of firearms or other weapons dangerous to the peace and safety around or
in the vicinity of the site is prohibited, this does not prohibit the Committee from
contracting a person (s) to deal with sick, injured, dangerous or nuisance wildlife
i.e. Bears at the Landfill Site in order to ensure public and Attendants safety.
The Committee may contract from time to time an Attendant (s) to be in charge of
the Landfill Site and they will have all the authority to carry out their duties as
defined in this by-law and to enforce all provisions of this by-law.
The Committee may revise and/or prescribe tipping fees or user fees from time to
time.
Access rights to the Landfill Site may be verified by the use of a sticker/card or
other identifiable method selected from time to time by the Landfill Committee,
ot by verification to the Attendants’ satisfaction that the person is a resident of the
Townships or by prior approval of the Committee.
The Committee and/or the Attendant may at any time order any person found
conducting unauthorized activities on the site or having an unlawful reason to be
there, to leave the Landfill forthwith; and if any such person fails or refuses to
leave, may call for police assistance and cause trespassing charges to be laid.
The tipping fees as set out in Schedule # 4 of this by-law shall be payable to the
Attendant or at one of the Township offices and failure to pay requested tipping
fee amounts may result in the person or persons being prohibited from further use
of the Landfill Site until all past due tipping fees and associated costs are paid in
full.
Any person who violates any provision of this by-law may be prohibited or
restricted by the Township from using the Landfill Site in the future and will be
notified by the Township of which such person is a resident of in writing to cease
such violations forthwith. .
Any person who violates any provision of this by-law shall be guilty of an offence
and shall be liable upon conviction to a fine pursuant to the provisions of the
Provincial Offences Act.
In addition to any other enforcement remedy available, a Township may issue a
Trespass to Property Notice to the Township’s own resident found violating the
provisions of this by-law. Only the Township whose resident is found violating
the provisions of this by-law may issue the Trespass to Property Notice to such
resident.
Joint Landfill By-Law 2017 6
Pp.
In the event that a Township proceeds in issuing a Trespass to Property Notice,
the protocol for same shall be as follows:
i. On the first occurrence, the Township shall issue a warning in writing;
ii. On the second occurrence, the Township’s solicitor shall issue a second
warning in writing advising that the next action to be taken will be the
issuance of a Trespass to Property Notice; and
ili. On the third occurrence, the Township through its solicitor shall issue a
Trespass to Property Notice for an indeterminate period of time.
No person shall operate a motorized vehicle of any type on any part of the
Landfill Site other than on the designated roadways and must at all times operate
such vehicle with great care and awareness of the safety of others.
No person shall deposit Waste at the Landfill during such time that such person is
the subject of a Trespass to Property Notice issued pursuant to this by-law or
otherwise barred from depositing Waste pursuant to this by-law.
All Waste shall be transported to the Landfill Site in a manner that will prevent
any Waste from being spilled or falling on or in any manner littering the public
roadways.
The Committee reserves the right to request a Soils Report to determine the
classification of materials to be accepted prior to their arrival at the Landfill Site.
In the case of Waste deposited at the Landfill in plastic bags, then only clear
plastic bags are permitted. Waste deposited in plastic bags which are not clear
plastic bags shall not be deposited.
Joint Landfill By-Law 2017 7
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL BY-LAW
SCHEDULE # 3
PERMITTED & PROHIBITED WASTE
The Committee reserves the right to change and/or modify the Permitted Waste and
Prohibited Waste items from time to time during the management of the Landfill Site.
Such changes will be effected by way of resolution of the Committee and posted at the
Site.
PERMITTED WASTE (as restricted by the Certificate of Approval, MOE)
Household
Institutional
Commercial
Industrial
Tires (in designated area)
Scrap metal (in designated area)
Wood/brush (in designated area)
Organic yard and garden waste (in designated area)
Electronic (in designated area)
Blue Bin recyclable items (in designated area)
Household batteries only (in designated area)
Cold Ashes (in designated area)
Some types of Styrofoam (in designated area)
VVVVVVVVVVVV V
PROHIBITED WASTE (as restricted by the Certificate of Approval, MOE)
Liquid or gaseous waste
Hazardous waste of some types
Industrial waste of some types
Commercial Waste of some types
Septic tank pumping of raw sewage sludge and industrial processed sludge
Explosives and/or any highly flammable or volatile substances
A pathological diseased material i.e. syringes dressings, etc.
Fridges, freezers and air conditioner units
Household Hazardous Waste
VVVVVVVVV
Joint Landfill By-Law 2017
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL BY-LAW
SCHEDULE # 4
TIPPING FEES
The following Tipping Fees shall be payable prior to or at the time of deposit of Waste at
the Landfill Site.
Household Garbage No Charge
Farm machinery No Charge
Boats (priced per foot) $6.00/foot
Solid waste including but not
limited to: building blocks,
concrete slabs, bricks, asphalt,
aggregate, etc.
Do to variations in size and design of Utility Trailers, tipping fees for Utility Trailers will
be at discretion of Attendant based on tipping fees below for trucks.
i. half ton truck (max 2 yd.) $15.00
or utility trailer or van load
ii. single axle (1 ton >) $50.00
iii. double axle truck $150.00
iv. tri axle truck $250.00
Hazardous Waste: contaminated soils, as accepted in Certificate of Approval.
NOTE: This fee schedule does not preclude a special rate being negotiated with the
Committee on a case-by-case basis
Loads % reduced Fee
1 to 25 0.0% $100.00/per load
26 to 50 -20% $80.00/per load
51 to 75 - 40% $60.00/per load
76 and above -60% $40.00/per load
Tipping Fees:
1. Tipping Fees shall be reconciled from time to time and at least yearly as between the
Townships. The reconciliation shall be effected by way of invoices exchanged between
the Townships. All Tipping Fees collected by the Townships shall be divided equally as
between the Townships as part of the reconciliation process.
2. Where Tipping Fees will exceed the sum of $5,000.00 the approval of councils of both
Townships shall be required prior to deposit of Waste at the Landfill Site.
3. Tipping Fees shall be paid in advance of the deposit of Waste at the Landfill Site
either at the appropriate Township Office or with the Landfill Attendant.
*Refer to Prohibited and Permitted Waste Schedule # 3
+ All tires must be removed from rims
Joint Landfill By-Law 2017 9
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL BY-LAW
SCHEDULE #5
HOURS OF OPERATION
The Landfill Site will be open for public access under the supervision of the Attendant(s):
The hours of operation and the days of the week the Landfill site is open to the public
shall be established by a resolution of support from both Councils.
From time to time the days of operation and/or the hours of operation may be altered by
way of resolution of support from both Councils.
A recommendation for days of operation and hours of operation shall come from the Joint
Landfill Committee.
WINTER Hours: October 1" to March 31°
SUMMER Hours: April 1° to September 30"
Statutory Holidays: Landfill will be closed when a Statutory Holiday falls on a regular
operating day.
Labour Day — New Year’s Day — Victoria Day — Thanksgiving Day - Canada Day —
Christmas Day — Easter Monday — Civic Holidays.
Additional non-statutory days:
Remembrance Day — Good Friday
Joint Landfill By-Law 2017 10
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL BY-LAW
SCHEDULE # 6
LANDFILL ATTENDANT(S)
- Health and Safety for Landfill employees shall be through the Johnson H & S
Committee
- Payroll shall be through the Tarbutt Office
- Landfill Committee members shall be responsible to monitor Health & Safety at the Site
along with the attendants,
- Chain of command for the attendants shall be through the office to/from the Clerks and
to/from the Clerks to the Landfill Committee
- A list of duties and responsibilities shall be provided to the attendants and updated on a
regular basis.
- Complaints by residents using the site and/or staff shall be accepted in written format.
Joint Landfill By-Law 2017 11
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL BY-LAW
SCHEDULE #7
COMMITTEE STRUCTURE AND FUNCTIONS
At the beginning of each term of Council appointments shall be made for members of the
Landfill Committee, two from each Council.
The Committee structure will be as follows:
- A Chair person (to rotate each year amongst Committee members)
- A Vice-Chair (to rotate each year amongst Committee members)
- Frequency of meetings will be at the discretion of the Committee minimum of three per
year, with at least one prior to budgets being set.
- Location of general meetings will be at the location of the presiding Clerk
- The Clerk attending general meetings will rotate with the Chair
- Work load will be shared between both offices, with the bulk being done by the
presiding Clerk
- Review monthly inspection reports from staff
Joint Landfill By-Law 2017 12
THE JOHNSON AND TARBUTT
JOINT WASTE LANDFILL BY-LAW
SCHEDULE # 8
SITE MAINTENANCE
1. Burning shall be done in accordance with the Burning Policy of Johnson
Township
2. The Committee shall monitor the site to ensure continued compliance with the
Certificate of Approval.
3. The Committee shall develop such Policies as they deem necessary to assist in
the daily operation of the site.
4, Signage shall be maintained at the Site to direct and inform residents as to the
Landfill Site rules in place from time to time.
5. Winter maintenance shall be completed by Johnson Township Roads
Department with summer maintenance being completed by Tarbutt Township
Roads Department. The costs of materials and services shall be reconciled in the
annual shared costs.
Joint Landfill By-Law 2017 13