By-law No. 2020-11 - Mandatory Recycling, amended by 2024-11 — full text

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THE CORPORATION OF THE TOWNSHIP OF TUDOR AND CASHEL BY-LAW NO. 2020 - 11 Being a By-Law to prohibit the unauthorized disposal of waste, regulate a recycling system and regulate the disposal of waste at the Grimsthorpe and Millbridge Waste Sites within Municipal jurisdiction. WHEREAS Section 11(2) of the Municipal Act, 2001, as amended, gives municipalities the authority to pass by-laws respecting matters within the spheres of jurisdiction as described in the Table to this Section; AND WHEREAS the Table in this Section lists waste management as a "sphere of jurisdiction" for lower tier municipalities; AND WHEREAS the Council for the Township of Tudor and Cashel deems it necessary to establish rules and regulations governing policies relating to the disposal of waste, mandatory recycling and to implement tipping fees (see Schedule "C"). NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Township of Tudor and Cashel enacts as follows: SECTION 1 - DEFINITIONS 1. "Biomedical waste" shall mean whether solid or liquid, including but not limited to, any animal or human organ or part thereof, bone, muscle, or animal or human tissue or part thereof, used bandages, poultices, dressings, vials, syringes or any other similar material or substance which contains or may contain pathogenic micro-organisms or which may be hazardous or dangerous as designated and Regulated in REG 347 and the Environmental Approval Certificate for each site; 2. "Council" shall mean the Council of the Township of Tudor and Cashel; 3. "Domestic Waste" shall mean the waste produced by residents in their homes; 4. "Household Hazardous Waste" shall mean waste requiring special care as itemized in Schedule "A" to this By-law; 5. "IC&I" shall mean waste produced by the Industrial Commercial and Institutional Sector; 6. "Recyclable" shall mean those classifications of waste capable of being diverted from the normal waste stream as specified in Schedule "B" to this By-law; 7. "Refuse" shall mean the same as "garbage" or "waste"; 8. "Salvaging" shall mean the licensed removal of material for the purpose of reuse; 9. "Scavenging" shall mean the process of finding items for the purpose of reuse: 10. "Special Area" shall mean an area at the Waste Site, designated for a particular purpose; 11. "Township" shall mean the Corporation of the Township of Tudor and Cashel; 12. "User" shall mean an individual or corporate entity entitled to place refuse into the Township of Tudor and Cashel's Waste Sites; 13. "Waste" shall include domestic, commercial and solid non-hazardous, non- recyclable refuse and other wastes as designated by the Township, as approved by the Ministry of the Environment; 14. "Recyclable Material" shall mean discarded materials and goods incidental to the operation of households, business establishments and public places that can be reused or recycled; 15. "Waste Site" shall mean the lands located approximately 6 km east of the Hamlet of Gilmour, on Part of Lots 32 and 33, in the geographic Township of Elzevir and Grimsthorpe, in the Municipality of Tweed, in the County of Hastings and which is accessed by a forest access road off Weslemkoon Lake Road AND the lands located at the north end of the Hamlet of Millbridge, on Part of Lot 23, Old Hastings Road, in the geographic Township of Tudor, Township of Tudor and Cashel, in the County of Hastings; 16. "Waste Site Attendant" and "Waste Site Manager" shall mean the person duly appointed and responsible for supervision and control of operations at the Waste Site and are referred to in this By-law as the Operating Authority; 17. "Unacceptable Waste" shall mean waste not accepted at the waste site as itemized in Schedule "A" to this By-law; SECTION 2 "MANDATORY CLEAR WASTE BAGS" AND "TIPPING FEES" 1) All waste must be brought to the landfill waste sites in clear bags effective March 01, 2011; 2) Tipping fees for materials other than Domestic Waste, shall be as prescribed in Schedule "C" to this By-law; SECTION 3 - SITE OPERATION 1) The Township of Tudor and Cashel operates landfill sites (hours of operation attached as Schedule "D" to this By-law) described as follows: 2) Grimsthorpe Site - Part of Lots 32 and 33, geographic Township of Elzevir and Grimsthorpe, in the Municipality of Tweed - Provisional Certificate of Approval No. A361403; AND Millbridge Site - Part of Lot 23, Old Hastings Road, geographic Township of Tudor, in the Township of Tudor and Cashel - Provisional Certificate of Approval No. A362703; 3) The Waste Sites shall be available for the depositing of waste produced within the Township in accordance with this by-law; 4) No person shall enter and/or leave the Waste Site without: a) Giving their name and address to the Operating Authority upon request; and b) Declaring the nature and origin of the waste if requested; and c) Showing a valid Tudor and Cashel Waste Disposal Site pass upon request; The Operating Authority may request Council to suspend, terminate or restrict the privilege of using the waste site if it is reasonably believed that a Waste Disposal pass is being used by an unauthorized person or the Rules and Regulations are being violated and the person refuses to correct the violation when requested to do so. The waste disposal site pass may only be used by the person to whom it was issued or an employee, tenant, spouse or member of the household of such person acting with the knowledge or consent of such person. If the Operating Authority forms the opinion that the holder of a Tudor and Cashel Waste Disposal Site pass has - Allowed unauthorized persons to use his/her waste site pass - Seriously and deliberately violated the Rules and Regulations - Established a pattern of violating the Rules and Regulations - Permitted someone using his/her waste site pass to do any of the above then the Operating Authority may request Council to restrict or terminate the privilege of such person to use the waste site and revoke his/her site pass. Every decision of the Operating Authority to terminate or restrict the right of someone to whom a waste site pass was previously issued shall be set down in writing by Council and delivered to the person at the address shown on the Assessment Roll. 5) The waste disposal site shall only be used when a Township Attendant (Operating Authority) is on duty; persons entering into the waste disposal site at any other time will be considered by the Township of Tudor and Cashel as trespassing and will be prosecuted. The attendants will be on duty and the site open as outlined in Schedule "D" to this by-law; all persons using the Waste Disposal Site shall not, under any circumstances, deposit garbage of any description in front of, in behind or near the gates leading into the waste disposal site. Waste must be deposited in its designated place. 6) All waste material shall be transported to the Waste Site in a manner so as to prevent scattering or losing of waste while en route to the waste site; persons intentionally dumping domestic and/or IC & I wastes at the roadside will be prosecuted. 7) All waste must be brought to the waste site in clear plastic bags (effective March 01, 2011) and effective immediately, all persons are required to separate recyclable material from non-recyclable waste prior to disposing of same at the waste site; no person shall bring recyclable materials or prohibited materials to the waste site concealed or packaged in such a way as to make them appear to be items, substances or materials which are not recyclable materials or prohibited substances and materials; 8) Users shall separate, sort and place each type of waste in particular areas of the waste site at the discretion of and as directed by attendants; metal items, white goods, building materials, tires, furniture, porcelain fixtures, etc. will be evaluated at the discretion of the Waste Site Manager or attendant and a tipping fee paid for at the waste site (clean wood and brush is only accepted at the Grimsthorpe Site); 9) "Household Hazard Waste" as identified in Schedule "A" to this by-law shall not be accepted at either Township waste sites. This waste must be disposed of at a licenced facility designated for that purpose. 10) Other unacceptable items, in Schedule "A" to this by-law will not be accepted at the Waste Sites; 11) Salvaging may be permitted, but must be authorized by Council; no one shall remove material from the site except with the knowledge and consent of the Operating Authority; 12) Scavenging for the purpose of reuse may be authorized by the Operating Authority but must be conducted in a manner which will not interfere with the normal operations of the Waste Site; 13) All on-site health, sanitary and site operations shall be maintained in accordance with the current Ministry of Environment Certificates of Approval; 14) Regulations of the Ministry of the Environment, Environmental Protection Act and Certificates of Approval shall be observed at all times; 15) The Township reserves the right to prohibit any person, firm or Corporation from using the Township of Tudor and Cashel waste sites or to place a surcharge on high volume users; SECTION 4 - Enforcement, Repeal and Enactment 1) At the discretion of the Waste Site Manager, the process to deal with the contravention of this By-law shall be as follows: a. verbal warning from the Operating Authority; b. second warning in writing issued by the Township of Tudor and Cashel By-law Enforcement Officer or the Clerk at the request of the Operating Authority; c. Waste Site Manager requests Council to formally revoke contravener's waste site pass and levy a fine or recover costs on a municipal tax bill as described below. 2) That any person, firm or corporation who contravenes any of the provisions of this By-law may be charged under the Provincial Offenses Act and is liable to a fine not exceeding the sum of $2,000.00, excluding costs for each offence. Where any person fails to comply with the requirements of this By- law, such matter or thing may be done at such person's expense by the Township, and the Township may recover the expense incurred in doing it by action, or the same, with interest, may be recovered in like manner as municipal taxes. 3) That all Schedules attached hereto form part of this By-law. 4) That By-law 2013-20, being a by-law to regulate the disposal of garbage and other refuse in the Township is hereby repealed. 5) That this By-law shall into force and effect at the date of passing. 6) That Schedule "A", "B", "C" and "D" attached hereto may be amended from time to time by resolution of Council without an amendment to this By-law. PASSED, THIS 03rd DAY OF MARCH, 2020. REEVE: LIBBY CLARKE Seal CLERK: BERNICE CROCKER SCHEDULE "A" TO BY-LAW 2020 - 11 HOUSEHOLD HAZARDOUS WASTE The following are considered to be Household Hazardous Waste and will NOT be accepted at the Tudor and Cashel Waste Sites. They must be disposed of at a licenced facility designed for that purpose" 1. Batteries (all types) 2. Bleach 3. Drain Cleaner 4. Gasoline mixtures 5. Household cleaners 6. Medication 7. Oil 8. Paint 9. Paint Solvents, turpentine, etc. 10. Pesticides and herbicides 11. Propane and gas cylinders (other than those used for cooking) 12. Used needles, lancets and syringes (must be placed in a sealed plastic bottle, clearly labeled as containing needles - add some bleach to bottle) OTHER UNACCEPTABLE WASTE 1. Asphalt 2. Biomedical wastes 3. Earth - rock 4. Explosives or combustible material (other than Household Hazardous Waste) 5. Hay or straw 6. Hazardous and Toxic Waste (other than Household Hazardous Waste) 7. Human excrement 8. Motor vehicles 9. PCB related material 10. Radioactive Waste 11. Raw or processed sewage 12. Unknown Waste 13. Waste from other landfill sites, former dumps and waste disposal areas except by special agreement and negotiated costs 14. Fibreglass/wood boats 15. Wood & wood products (examples of wood products: brush, paneling, painted wood, wood siding, plywood leaves, pressure treated lumber, pine needles, untreated lumber, wooden furniture, etc.) NOTE: The Grimsthorpe Site is allowed to burn segregated, clean wood and brush which must be carried out in strict compliance with the Ministry of the Environment Document titled "Guideline C-7, Burning at Landfill Sites" dated April 1994. SCHEDULE "B" TO BY-LAW 2020 - 11 MANDATORY RECYCLING LIST PLASTIC & METAL CONTAINERS BOTTLES & JARS Metal Cans & Foil remove caps & lids, Empty aerosol and paint cans rinse bottles Plastic Containers(1-7): Soft drinks Detergents clear & coloured Juice glass bottles Bleach Shampoo Dairy products Clear and foam cups, trays and packaging (Black Foam or plastic unacceptable) PAPER FIBERS Corrugated Cardboard (flattened, no soiled pizza boxes or waxed boxes) Boxboard and mixed paper: Cereal boxes Shoe and detergent boxes Rinsed milk and juice cartons Paper bags Tetra paks Sugar and flour bags Cardboard tubes Books Egg cartons Junk mail Household paper (no paper towel or tissue) NEWSPAPERS & MAGAZINES Newspapers Inserts Phone books Magazines, catalogues PLASTIC OIL & ANTIFREEZE CONTAINERS/PAILS Containers/pails must be drained } Specific bin available at waste Prefer to have lids on containers/pails, } disposal site for these items but this is not mandatory } Please ensure that all aluminum cans, plastic bottles, milk cartons, Paper Fibers, etc. are crushed and clean. SCHEDULE "C" To By-law 2020 - 11 WASTE DISPOSAL SITE FEES VOLUME SITE FEES ARE FOR SORTED WASTE DISPOSAL ONLY - UNSORTED WILL NOT BE ACCEPTED Domestic waste in clear garbage bag $1.00/bag Material that is accepted at the site but not bagged domestic waste: car, trailer, or pickup truck $ 50.00 Material that is accepted at the site but not bagged domestic waste: pick-up truck and trailer no larger than 6'X8' $ 150.00 Trailer larger than 6' x 8' or if the material is above the box height of pick- up or trailer $200.00 Single axle truck larger than a pick-up $600.00 Washer, dryer, watertank, metal bathtubs Free Sofa/couch, large chair, box spring or mattress $ 20.00 per item TV's newer than 2000 Free TV's older than 2000 (picture tube type) Not Accepted Table, chair (non-upholstered, interior/exterior, metal legs must be removed) $ 10.00 per 5 pieces Decommissioned (tagged by a licensed person refrigerator, freezer and air conditioner, etc. Free - Must be tagged Non-decommissioned (untagged) Freon based units $50.00 per item NOTE: Some white goods/refrigeration equipment is subject to environmental regulations and restrictions. These will only be accepted at the Waste Site if all laws and regulations permit! All white goods must have lids and doors removed! Barrels must have lids removed. Those that cannot be reused must be cut in half lengthwise. NO EXCEPTIONS. Tires: No tires with rims accepted Free Small household appliances: toasters, lawn chairs, food processors, kettles, etc. (MUST be placed in scrap metal pile) Free All construction waste must be separated prior to coming into the waste site. Example: Clean fill, clean wood (no paint or plaster), drywall, plastic plumbing, vinyl siding, insulation, painted, stained or finished coated wood products, etc., all electrical copper/aluminum wire, pipes or other metals. Contact Ministry of Environment for disposal of asbestos contaminated material and contaminated soils. Receipts must be given for all fees paid. Note: Any payments over $50.00 must be made by cheque payable to The Township of Tudor and Cashel. SCHEDULE "D" TO BY-LAW 2020 - 11 TOWNSHIP OF TUDOR AND CASHEL WASTE DISPOSAL SITES (GRIMSTHORPE & MILLBRIDGE) HOURS OF OPERATION SEPT. 16 to MAY 14 GRIMSTHORPE: Tues. 12:00 p.m. - 4:00 p.m. Sat. 9:00 a.m. - 4:00 p.m. MILLBRIDGE: Wed. 12:00 p.m. - 4:00 p.m. Sun. 9:00 a.m. - 4:00 p.m. STAT. MONDAY - BOTH SITES: 10:00 am - 4:00 p.m. MAY 15 to SEPT. 15 GRIMSTHORPE: Tues. 12:00 p.m. - 7:00 p.m. Sat. 10:00 a.m. - 5:00 p.m. MILLBRIDGE: Wed. 12:00 p.m. - 7:00 p.m. Sun. 10:00 a.m. - 7:00 p.m. STAT. MONDAY - BOTH SITES: 10:00 a.m. - 7:00 p.m. MUST HAVE CARD TO ENTER WASTE SITE