By-law 15-36 regulating collection, disposal and handling of waste and recyclable materials
The North Shore, Ontario
· No. 15-36
· adopted 2015-11-02
· summary & facts
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BY-LAW # 15-36
Being a by-law to regulate the collection, disposal and handling of waste and recyclable
materials within the Township of the North Shore.
WHEREAS, pursuant to Sections 11(1), 77 and 127 of the Municipal Act, S.O. 2001, c.5
a local municipality may pass by-laws to prohibit or regulate the use of any part of a
waste management system;
NOW THEREFORE, the Council of the Corporation of the Township of the North Shore
hereby ENACTS AS FOLLOWS:
1.
DEFINITIONS
1.1
"ashes" means the solid residue to any household fuel remaining after
burning.
1.2
"building materials" means all waste materials generated from the
renovation, demolition or repair of a structure.
1.3
"carcass" mean the remains of an animal.
1.4
"Corporation" means the Corporation of the Township of the North Shore.
1.5
"commercial" means a commercial business operating within the municipality.
1.6
"garbage" means household litter, trash, table and kitchen waste whether animal
or vegetable, fish, fruit and dairy products, magazines, newsprint and waste paper,
boots, shoes, and other wearing apparel, broken glass, crockery and metal, glass
and plastic containers.
1.7
"garbage collection day" means the regular scheduled garbage pickup day
established for each location in the city by the Corporation.
1.8
"landfill attendant" means the landfill attendant of the Township of the North
Shore or his/her designate.
1.9
"landfill site" means the municipal landfill site located at 5951 Highway 17,
Serpent River, Ontario.
1.10
"resident" means an owner, occupant, lessee, tenant or other person in charge of
a dwelling, hotel/motel, restaurant, apartment house, office building, shop, store,
1.11
"industrial" means an industrial business operating within the municipality.
1.12
"institution" means an establishment such as schools, hospitals or museums.
1.13
"non-collectable waste" at bin transfer stations, include:
(a)
ashes
(b)
carcasses or parts of any animal or fowl with the exception of bonafide
kitchen waste
(c)
building materials or building rubbish
(d)
compressed gas cylinders, explosive or incendiary materials of any kind
whatever
(e)
biological, toxic or hazardous waste
(f)
rags soaked in oil, gasoline or any other inflammable substance
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(g)
swill, organic matter not drained or wrapped or liquid waste, or
(h)
automotive parts
1.14
"recycling" means those materials determined by the Corporation from time to
be acceptable through the Corporation's recycling programs;
1.15
"refuse" includes debris, rubbish, junk or disused materials of any kind
whatsoever and without limiting the generality of the foregoing, includes a motor
vehicle that appears by reason of its age, appearance, mechanical condition or
lack of license plate, to be inoperative, inoperative mechanical equipment,
automotive and mechanical parts, disused furniture, garden refuse, earth or rock
fill, old or decade lumber, material from construction or demolition projects and
other vehicles, machinery equipment, materials or structures apparently disused in
their existing location.
1.16
"transfer stations" means areas for the deposit of household and recycling
materials.
2.0
HOUSEHOLD/RECYCLING GARBAGE DISPOSAL AND COLLECTION
2.1
Household and recycling garbage collection will be at the discretion of the
collection contractor and at the frequency as set out by the Corporation.
2.2
Such collection will be at three transfer stations located throughout the
municipality, namely 1385 Hwy 17, Algoma Mills; 1067 Old Hydro Road,
Spragge; 5951 Hwy 17, Serpent River.
2.3
The Corporation will designate the type or method of collection of garbage and
may, from time to time, alter the times and frequency of collection throughout the
municipality.
2.4
Every householder shall deposit household and recycling debris in the containers
available at these sites. Commercial, industrial and institutional enterprises shall
deposit recycled products at these sites. Commercial, industrial and institutional
enterprises may deposit household products at these sites, if they have opted not
to participate in private or municipally arranged bin pickups.
2.5
All household garbage shall be placed in plastic bags and placed in the
appropriate bin(s). Recycled products shall be separated and placed in the
appropriate bin(s).
2.6
The Transfer Stations will be monitored by security cameras.
2.7
The owner of a vehicle involved in an offence referred to in this Section is guilty
of the offence, unless that vehicle owner satisfies the Court that the vehicle was:
(a)
not being operated by the owner; and
(b)
that the person operating the vehicle at the time of the offense did so
without the vehicle owner's express or implied consent.
3.0
COMMERCIAL/INDUSTRIAL/INSTITUTIONAL COLLECTION
3.1
Commercial/Industrial/Institutional enterprises may agree to have municipal
collection of private bins at a cost and frequency as set by the Corporation.
3.2
The Corporation shall invoice quarterly, those enterprises that are in agreement
with municipal collection. Interest penalties will apply for unpaid invoices.
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4.0
SUSPENSION AND TERMINATIN OF SERVICE
4.1
The Corporation may suspend or discontinue the private bin collection of
commercial/industrial/institutional enterprises if, in the opinion of the
Corporation, it is necessary or desirable to do so, upon giving reasonable notice to
the customer.
5.0
PROHIBITIONS
5.1
No person shall place:
(a)
Prohibited Materials;
(b)
Hazardous waste as defined in the Environmental Protection and
Enhancement Act, RSA 2000 c E-12;
(c)
Dangerous goods as defined in the Dangerous Goods Transportation and
Handling Act, RSA 2000 c D-4
(d)
Biomedical waste as defined in the Waste Control Regulation, AR
192/1996; or
(e)
Industrial, Commercial Institutional or Construction waste except as
authorized pursuant to an agreement with the Corporation;
at any Transfer Station located in the municipality or in the landfill site.
5.2
No person shall deposit in the Transfer Station recycle bins any materials or
substances which are not listed in Schedule "A" to this bylaw
5.3
No person shall deposit in the Transfer Station any waste or recyclable materials
unless that person is the owner or occupant of a premises within the boundaries of
the municipality, or has the authorization of the owner or occupant of such
premises.
5.4
No person shall deposit or dispose of materials at a transfer station, materials
other than those materials described as permitted by signage located at the station.
5.5
No person shall deposit materials of any kind at a transfer station except in the
bins provided.
5.6
No person shall tamper with, interfere with or damage a bin at the transfer
stations.
5.7
No person shall deposit all types of waste on the grounds of the transfer station
site.
6.0
PENALTIES AND ENFORCEMENT PROCEDURES
6.1
A person who:
(a)
does something that is prohibited by this bylaw;
(b)
fails to do something that is required in this bylaw; or
(c)
does something in a manner different from that which is required or
permitted in this bylaw;
is guilty of an offence.
6.2
Where a convention of this bylaw is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on which the
offence continues and any Person guilty of such offense is liable to a fine in an
amount not less than that established by this bylaw for each such day or part of a
day.
6.3
Where a Peace Officer believes that a Person has contravened any provision of
this bylaw, that Peace Officer may serve that Person with a Violation Ticket
pursuant to the provisions of Part 1 of the Provincial Offences Procedure Act.
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6.4
The penalty shall be as set out in Schedule "B" of this bylaw for penalties in lieu
of prosecution.
6.5
A person who pays the amount specified in respect of a contraventions of a
provision of this bylaw within the time allowed for payment as specified shall not
be liable for prosecution for that contravention.
6.6
Nothing in this bylaw shall prevent a Peace Officer from issuing a summons for
the mandatory court appearance of any Person who the Peace Officer has reason
to believe is committing, or has committed, a breach of any provision of this
bylaw.
6.7
It is the intention of the Council that all offences created pursuant to this bylaw be
construed and considered as strict liability offences.
6.8
Any person that breaches any part of this bylaw shall be responsible for all costs
incurred in cleaning, repairs or otherwise remedying such breach, and such
payment shall not limit prosecution of such Person for such contravention.
6.9
Whenever this bylaw imposes an obligation or prohibition on an Owner,
Occupant or Manager of a premises, the obligation or prohibition shall apply to
both or all of the Owner, Occupant or Manager and each of them separately.
6.10
Whenever this bylaw imposes an obligation or prohibition on more than one
Person, each Person shall be liable to prosecution for a breach of this bylaw, and
it shall be no defence for any such Person that any other Person is responsible for
such breach.
6.11
Any Person who disposes of waste or recyclable materials in any manner contrary
to this bylaw shall immediately take all reasonable measures to clean up such
waste or recyclable materials or mitigate the effects of such disposal. This shall
be in addition to any other penalties or fines established pursuant to this bylaw.
7.0
ACCESS TO LANDFILL SITE
7.1
Access to the Corporation's landfill site is restricted to the residents of the
Corporation only.
7.2
Notwithstanding the above statement, contractors from out of the Corporation
who are working for residents or landowners of the Corporation are permitted
access to the site.
7.3
Persons may be required to show identification to the landfill attendant for
verification purposes, prior to gaining access to the site.
7.4
All persons shall be required to report at the gate, to the landfill attendant, before
proceeding to the dump site.
7.5
All persons shall be required to deposit waste as instructed by the landfill
attendant.
8.0
LANDFILL SITE TIME SCHEDULE
8.1
The site shall be accessible as per the time schedule as set by the Corporation, and
is stated on the attached Schedule "C";
8.2
This schedule may be amended, from time to time, by the Corporation.
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9.0
TIPPING FEES
9.1
Tipping fees as per Schedule "D" to this bylaw may be amended, from time to
time, by the Corporation.
10.0
PAYMENT OF TIPPING FEES
10.1
The landfill attendant will not collect tipping fees.
10.2
The landfill attendant will issue a notice to the Corporation that lists the resident
name, address and the quantity and description of the waste deposited in the
landfill site.
10.3
The Corporation will issue an invoice using this information. Interest charges
will be applicable for outstanding invoices.
11.0
GENERAL PROVISIONS AND COMING INTO FORCE
11.1
If any term, clause or condition of this bylaw or the application thereof is found to
be invalid or unenforceable, the remainder of this bylaw or application of such
term, clause or condition shall not be affected and shall remain in force and effect.
11.2
The Schedules of this bylaw may be amended or replaced from time to time by
resolution of Council.
11.3
Nothing in this bylaw relieves any Person from compliance with any other bylaw
or any applicable federal or provincial law, regulation or enactment.
11.4
In the event of a conflict between this bylaw and any other bylaw or any
applicable federal or provincial law, regulation or enactment respecting public
health and safety, the other bylaw, law, regulation or enactment shall prevail to
the extent of the conflict.
Read a first, second and third time and enacted on the Second of November, 2015
_____________________________
Randi Condie, Mayor
_____________________________
Brenda Green, Clerk Treasurer
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Schedule "A"
Recyclables
1.
Glass bottles and jars, including all glass containers which previously contained a
food or beverage product.
2.
Metal food and beverage cans, including all hard shell steel or aluminum
containers which previously contained a food or beverage product.
3.
Aluminum foil meaning food wrap, food packaging and kitchenware such as pie
plates made from a thin sheet of aluminum.
4.
Rigid shell plastic containers including Polyethylene Terephthalate (PETE#4),
High Density Polyethylene (HDPE #2), Low Density Polyethylene (LDPE #4),
Polyepropylene (PP#5) and Polystyrene (PS#6) which previously contained a
non-hazardous consumer product.
5.
Rigid foam plastic containers
6.
Newspapers, magazines, flyers and household papers.
7.
Old boxboard and old cardboard (non-waxed, flattened and bundled no larger than
30" x 30" x 8")
8.
Bundled plastic bags (LDPE)
9.
Other material as designated by the Corporation from time to time