BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF STRATFORD

Transcription

1 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF STRATFORD BEING a By-law to establish and maintain a system of collection, removal and disposal of waste, other refuse and recyclable materials in the City of Stratford and to repeal By-law as amended and By-law as amended. WHEREAS Section 208 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes councils of local municipalities to pass by-laws to establish, maintain and operate a waste management system; NOW THEREFORE BE IT ENACTED by the Council of The Corporation of the City of Stratford as follows: 1.0 DEFINITIONS 1.1 "Ashes" shall mean and include wood, coke or coal ash, cinders, clinkers, inert soil and sweepings. 1.2 "Boxboard" shall mean non-corrugated cardboard. 1.3 "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 0.5 metres by 0.5 metres and not exceeding 22 kilograms in weight; 1.4 "City" shall mean The Corporation of the City of Stratford and includes for the purposes of collection of waste, leaf and yard waste material, other refuse and recyclable materials, any person, company or corporation under contract with the City to remove waste, other refuse and recyclable materials throughout the City. 1.5 "Corrugated Cardboard" shall mean and include all material made from corrugated paper, excluding wax-coated cardboard. 1.6 "Container" shall mean a metal or plastic garbage container with exterior handles manufactured for waste disposal being wider at the top than the bottom. 1.7 Designated Biodegradable/Certified Compostable bags contain a logo from the Biodegradable Products Institute (BPI) or the Bureau de Normalisation du Quebec (BNQ). Biodegradable/Certified Compostable bags not containing the logo are not acceptable in the leaf and yard waste program. 1.8 Downtown Core shall include premises that have addresses on the following streets: Street Side Location Cobourg Street Both Erie Street to Waterloo Ontario Street Both Huron Street of 159 Ontario St York Street Both Huron Street to Erie Street Albert Street Both Downie Street to Waterloo St. Brunswick Street Both Downie Street to Waterloo St. George Street Both St. Patrick St. to Waterloo St.

2 Street Side Location St. Andrew Street Both Birmingham Street to Huron St. Erie Street Both St. Patrick St. to Ontario St. Cooper Street Both St. Patrick St. to South End Downie Street Both Ontario Street to Falstaff St. Waterloo Street Both Cobourg Street to Downie Street Huron Street Both Ontario Street to Bridge Market Place Both Wellington St. to Downie Street Wellington Street Both St. Patrick St. to Downie St. St. Patrick Street North Church Street to Wellington St. St. Patrick Street Both Wellington St. to Waterloo St. 1.9 Electronic Waste shall mean computers, palm pilots, laptops, telecommunication boards, printers, printer ink cartridges, computer chips, cases, hard drives, power supply units, servers, cellular phones (without batteries), VCRs, DVD players, stereos, all electrical wire, gold/silver/platinum/palladium jewellery, military electronics, dental scrap "Enforcement Officer" shall include a municipal by-la enforcement officer appointed by City Council to enforce the provisions of this by-law "Fill area" shall mean the portion of the Site approved for the disposal of solid waste by the Ministry of the Environment or other authorized Provincial agency "Garbage bag" shall mean any colour of garbage bag having dimension no greater than 76 centimetres by 96 centimetres "Highly combustible material" shall include photographic film celluloid, gasoline, oil or other flammable liquid or material soaked with any of the same "Household hazardous waste" shall include paints, stains varnish, urethanes, oils, pesticides, herbicides, household and automotive batteries, pharmaceuticals, pool chemicals fuels and gas cylinders Kraft Paper Bag shall mean a 2 ply 50 pound weight basis paper bag, up to 110 litre capacity. 40cm x 30 cm x 90 cm Kraft paper bags are accepted in the leave and yard waste program but do not need to contain the logo "Large Item" shall mean waste set out for collection that ha a dimension greater than 100 centimetres by 50 centimetres b 50 centimetres and/or weight greater than 22 kilograms "Large Item Tag" shall mean an adhesive label provided by the City to persons who set out large items for collection by the City or its agent "Leaf and yard waste" shall mean organic material having grow on the premises of an owner or occupier of said premises an consisting of yard plants and weeds, hedge and brush trimming and tree limbs with a diameter less than 4 inches, but does not include grass clippings "Occupier" shall mean a person who is in physical possession of premises or who has responsibility for and control over the condition of premises or the activities carried on there, o control over persons allowed to enter the premises "Organic Bundle" shall mean leaf and yard waste and brush securely tied together having a dimension no greater than 1 metre and not exceeding 22 kilograms in weight "owner" shall include the legal title holder of the property, the occupier of property or the person, for the time being managing or receiving rent of the land or premises in connection with which the work is used, whether on their own account or as agency or trustee of any other person or who would so receive the rent of such land and premises where rented, and shall also include a lessee or occupier of the property who, under the

3 terms of the lease, is required t repair and maintain the property in accordance with municipal by-laws "Person" shall include an individual, a partnership or corporation to whom or to which the context can apply; 1.23 "Premises" shall mean and include one self-contained dwelling unit, residential or commercial, and in cases where building are subdivided and in possession of two or more occupiers, each occupier shall be deemed to be an occupier of premise within the meaning of this by-law "Recyclable Material" shall mean all materials accepted in the curbside recycling program provided by the City and a prescribed in Schedule "B" to this by-law "Recycling Container" shall mean a plastic container designed for the collection of recyclable materials which is blue, cubic in shape and does not exceed 35 litres in capacity; 1.26 "Roll-out Container" shall mean a wheeled waste disposal container having a capacity between 240 and 360 litres "Scavenging" shall mean the unauthorized removal by a person other than the City or its agent of waste, recyclable material or other refuse that has been set out for collection, or the unauthorized removal of waste, recyclable material or other refuse from in, around or among disposable solid waste at the Site "Scrap metal area" shall mean the area at the Site designated by signs or otherwise for the placement of metal, steel, iron, aluminium or other metallic materials "Site" shall mean the City of Stratford Waste Management Site at 777 Romeo Street South "Tipping fee" shall mean the charge per tonne levied by the City at the Site for disposable waste as established by by-law "Waste" shall mean municipal waste, domestic waste, commercial waste, solid nonhazardous industrial waste, demolition materials, street sweepings and also dewatered sewage sludge from the City Water Pollution Control Plant and shall include ashes as defined in section 1.1, and materials such as but not limited to boxboard as defined in section 1.2, corrugated cardboard as defined in section 1.13, leaf and yard waste as defined in section 1.16, organic bundles as defined in section 1.18 and recyclable materials as defined in section "Waste Tag" shall mean an adhesive label provided by the City to persons who place waste, material and other refuse out for collection in accordance with the provisions of this by-law "White Good" shall mean any of the following appliances: Containing Refrigerants Freezers Refrigerators Air Conditioners Dehumidifiers Water Coolers Not Containing Refrigerants Ranges (Ovens) Washers Dryers Dish Washers Humidifiers (drum type) Water Tanks 2.0 RESPONSIBILITIES OF THE CITY 2.1 Where a property is under the jurisdiction of a Site Plan Agreement or other contractual agreement with the City, that agreement shall take precedence over this by-law with respect to waste and collection of such waste at the subject premises.

4 2.2 A collection service of disposable solid waste for occupied premises within the limits of the City not covered by a Site Plan Agreement or other contractual agreement with the City, shall be provided on the following basis: a) Residential premises outside of Downtown Core - weekly b) Commercial premises outside of Downtown Core - weekly c) Residential premises inside of Downtown Core - twice weekly d) Commercial premises inside of Downtown Core - twice weekly e) Institutional premises outside of Downtown Core - weekly f) Institutional premises inside of Downtown Core - twice weekly g) Industrial premises outside of Downtown Core - weekly 2.3 A collection service of recyclable materials for occupied premises within the limits of the City shall be provided on the following basis: a) Residential premises outside of Downtown Core - once every two weeks b) Commercial premises outside of Downtown Core - once every two weeks c) Residential premises inside of Downtown Core - weekly d) Commercial premises inside of Downtown Core - weekly e) Institutional premises outside of Downtown Core - once every two weeks f) Institutional premises inside of Downtown Core - weekly g) Industrial premises outside of Downtown Core- weekly 2.4 A collection service of leaf and yard waste materials for occupied residential premises within the limits of the City shall be provided periodically, at the discretion of the City, from April to November as advertised annually. 2.5 A collection service of white goods for occupied residential premises within the limits of the City shall be provided monthly. 2.6 The schedule of collection shall give notice as to the day that waste, recyclable materials and leaf and yard waste will be collected with the said notice to be given by mail, delivery or publication at the discretion of the City. 2.7 When waste collection cannot be made on the regular day as prescribed by the collection schedule, the City shall make reasonable effort to notify affected residents by the publication of a notice in a local newspaper. 3.0 RESPONSIBILITIES OF THE RESIDENTS 3.1 Waste, recycling, leaf and yard waste containers: a) shall be kept on each premise that is the source of the waste and material being disposed of; and b) shall be set out for collection in the manner and location prescribed in this bylaw between 8:00 p.m. of the evening prior to the day of collection and 8:00 a.m. on the day of the collection for those premises outside the downtown core. Premises inside the downtown core shall set out waste for collection after 5:00 p.m. of the day prior to the day of collection and before 8:00 a.m. on the day of collection. 3.2 No person shall set out for collection any material, waste, leaf or yard waste or recyclable material before 8:00 p.m. in the evening prior to the day of collection for those premises outside the downtown core. 3.3 No person shall set out for collection any material, waste or leaf or yard waste or recyclable material before 5:00 p.m. in the evening prior to the day of collection for those premises inside the downtown core. 3.4 No person shall fail to remove empty containers or material, waste, leaf or yard waste or recyclable material not collected by the City after 9:00 p.m. on the day specified by the City for collection.

5 3.5 No person shall set out any material, waste, leaf or yard waste or recyclable material for collection in containers other than roll-out containers, containers, plastic garbage bags or bundles as prescribed in this by-law. Such containers to have tightly fitted lids and proper handles. 3.6 Every person shall set out recyclable materials for collection in recycling containers as prescribed in this by-law. Additional recyclable materials shall be placed beside the recycling container in a manner convenient to the collection staff as prescribed by the City. There is no limit to the number of recycling containers placed out for collection by an owner or occupier of a premise. 3.7 Leaf and yard waste shall be set out in designated biodegradable/certified compostable bags or Kraft paper bags as prescribed herein, and being no larger than 100 litres in size and no heavier than 22 kilograms or in bundles of leaf and yard waste as prescribed herein. 3.8 No person shall set out material, waste, leaf and yard waste or recyclable materials for collection by the City in a manner not provided for in this by-law. 3.9 No person shall set out waste except recyclable material and materials for composting, leaf and yard waste, for collection by the City without first affixing the appropriate tag to each bag, can, container or bundle set out. The cost of the tag shall be as prescribed by by-law No person shall set out large item material or white goods as defined herein for collection by the City without first affixing the appropriate tag to each large item or white good set out. The cost of the tag shall be as prescribed by by-law No person other than an employee of the City or authorized agent of the City, shall remove any waste tag affixed to any garbage or waste container or white good Where it is deemed more convenient in the opinion of the City to make collection from the rear of the premises, collections may be made by entering lanes or alleys provided that safe access and turning space are available. During winter months pathways must be maintained clear of snow and ice by the owner or occupier. The City shall have the sole right to determine whether safe access or sufficient turning space are available Notwithstanding Section 3.11 above, all other waste, material or other refuse 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, material or other refuse set out for collection shall be placed in the gutter or ditches or on the travelled portion of the roadway. The City shall have the right to designate the most convenient point for collection No person shall throw, place or deposit in or on any street, highway, lane, alley or other public place within the City any material, refuse or waste, except as provided for in this by-law Subject to Section 3.15 herein, no person shall sweep, throw, place or deposit any dirt, filth, leaves, grass clippings, paper, waste, refuse or rubbish upon any street, highway, lane, alley or public place within the City Notwithstanding Section 3.14, sand from City road operations may be raked to streets and gutters during the months of April and May annually No person shall convey through the streets within the City limits any material, waste, leaf and yard waste or recyclable material unless such material or waste is properly contained and conveyed in vehicles so that the material or waste is totally enclosed or covered with canvas or tarpaulin so fastened along the edges of the vehicle to prevent any of the contents falling upon the streets and to control as far as possible the escape of any offensive odours In commercial premises including, but not limited to restaurants, grocery stores, food stores, fruit and vegetable stores, butcher and meat shops, refreshment stands, flour

6 and feed stores 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. There shall be no pickup of cartons, wooden or fibre containers under this by-law from these premises No person shall deposit or place any waste, material or other refuse in any location or manner within the City other than in such locations and at such times as are provided for in this by-law No person shall place highly combustible material in a container for collection by the City, either in a separated form or combined with other waste Subject to Section 3.22 herein, no person shall pick over, interfere with, scavenge, disturb, remove or scatter any waste, recyclable material or other refuse set out for collection except an employee, authorized agent or representative of the City providing collection services Notwithstanding Section 3.21 above, City Council may designate certain days or times as "Treasure Hunt" days whereby items placed at the curb side on the specified day or time may be removed by other residents of the City for the purpose of reuse No person shall deposit, cause, permit or allow to be deposited any waste, recyclable materials, materials or other refuse on any lands not owned by him or her unless 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, recycling materials or other permitted material on the road allowance for the purpose of collection by the City or its agent under the provisions of this by-law. 4.0 MANAGEMENT/OPERATION OF THE WASTE MANAGEMENT SITE 4.1 a) The City will designate the hours of operation for the Waste Management Site, which will be posted at the site. Any Change in the hours of operation will be posted two weeks in advance of the change in hours. b) Small loads of waste carried by light trucks, cars and trailers will be accepted during the posted operational hours at the site. c) Loads of waste entering the Waste Management Site which are carried by packers, luggers, cube vans, dump trucks, roll-off trucks and large stake trucks will not be accepted after 4:00 p.m. Monday to Friday or after 12:00 noon on Saturdays and holidays. d) The City shall designate such areas within the waste management site as deemed necessary and appropriate for the depositing, temporary storage, handling and processing of all material regulated under this by-law and prescribed in Schedule B. e) Any loads of waste entering the site which contain materials not accepted for disposal as outlined in Schedule B of this by-law shall be refused entry at the waste management site. f) If a load of waste is dumped at the site and is found to contain material that is not accepted, the carrier of the waste will be warned in writing. The warning shall be in writing and advise the carrier that the material is not accepted and that a subsequent incident will result in a surcharge at twice the rate paid at the site for the load. 4.2 Subject to Section 4.3, waste collected by the City, any citizen or private contractor within the limits of the City shall be deposited at the Site in accordance with this by-law. 4.3 The Site shall be under the supervision of the Manager of Public Works or his or her designate.

7 4.4 Dumping and tipping rates established by City Council and prescribed in Schedule "A" of this by-law shall be applicable to all persons authorized to use the Site. 4.5 No person shall dump or deposit waste, material, recyclable material or other refuse at the Site in accordance with the provisions of this by-law, except waste generated from a source located within the City, unless otherwise authorized in writing by the Manager of Public Works or his or her designate. 4.6 Waste, material recyclable material or other refuse delivered to the Site shall be placed as follows: a) Disposable solid waste in the designated fill area or bin; b) Metal products in the designated scrap metal area nor bin; c) Propane cylinders in the designated area; d) Organic and compostable materials in the composting area; e) Household hazardous waste in the household hazardous waste area; f) Recyclable materials in the recycling area. 4.7 No person shall by-pass the weigh scales, attempt weight manipulation or by any other means avoid assessment of tipping fees provided for by by-law. 4.8 No person shall fail to pay tipping fees in full provided for by by-law, by cash or cheque to the City before leaving the Site unless a charge account has been approved in accordance with City policy. 4.9 An administrative fee of $20.00, excluding applicable taxes, shall be charged by the City to provide duplicate copies of tickets for tipping fees when requested to do so. 5.0 GENERAL AND ENFORCEMENT PROVISIONS 5.1 For the purposes of this by-law, the definitions and interpretations given in this by-law shall govern. In this by-law, "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. 5.2 Where an owner or occupier sets out waste or large item material for collection that does not have the appropriate tag affixed as required under this by-law, but which is placed out for collection otherwise in accordance with the provisions of this by-law: a) such waste or large item material may be collected by the City and a waste collection service fee as prescribed by by-law 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 City; and, b) fees 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 fees unpaid in accordance with subsection a) may be collected in like manner as taxes as provided for in the Municipal Act, 2001, S.O. 2001, c.25, as amended, or in such manner as the City deems appropriate. 5.3 Any person who breaches any provision of this by-law and consequently causes or permits collectible materials and/or non-collectible materials to fall upon the property of the City or of another person, shall pick and gather up the same immediately; otherwise, a) the City shall collect the material and charge a waste collection service fee for illegal dumping as prescribed by by-law. Any person who breaches this provision of the by-law shall receive notice of such fee and the fee is payable to the City; and, b) the fee imposed under this section and unpaid in accordance with subsection (a) after sixty (60) days may be collected in like manner as taxes as provided for in the Municipal Act, 2001 or in such manner as the City deems appropriate.

8 5.4 This by-law shall be enforced by City By-law Enforcement Officers appointed by City Council. For the purposes of enforcing the provisions of this by-law, such enforcement officers may inspect waste and material set out for collection on public property and on private property upon the request of the owner or occupier of such property. 5.5 Every person who contravenes any provisions of this by-law, or any owner or originator of waste thrown, deposited or placed in contravention of this by-law, 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 therefor. 5.6 That By-law Number as amended by By-law and and By-law as amended by By-law 81-95, and , be and the same are hereby repealed. 5.7 All other by-laws or provisions or any other by-laws inconsistent with this By-law are hereby repealed. 5.8 This by-law may be referred to as the City of Stratford "Waste Management and Collection By-law." 6.0 EXEMPTIONS 6.1 Notwithstanding Section 3.21 of By-law as amended, City Council hereby grants an exemption(s) to the following named organization(s) and their authorized agents, from the specified Section or Sections of By-law as amended, as follows: a) That Habitat for Humanity Stratford Perth is exempt from Section 3.21 of By-law as amended, whereby electronic waste placed by residents of the City at curb side during the annual Waste Collection Week, may be collected and removed by Habitat for Humanity Stratford Perth and its authorized agents. b) That Habitat for Humanity Stratford Perth and its authorized agents are exempt from the requirement in Section 42 of By-law as amended, to deposit the electronic waste collected during the annual Waste Collection Week, at the Site in accordance with this By-law. Read a FIRST time this 14th day of April, Read a SECOND time this 28th day of April, Read a THIRD time and FINALLY PASSED this 12th day of May, Dave Hunt Mayor Dave Hunt Ronald R. Shaw Clerk Ronald R. Shaw

9 THIS IS SCHEDULE B TO BY-LAW as amended Materials accepted for Disposal: MATERIALS ACCEPTED AT THE LANDFILL SITE solid waste generated within the boundaries of the City of Stratford asbestos handled according to MOEE guidelines contaminated soil as defined in MOEE Regulation 347 if approved by the Director of Infrastructure and Development Services or his or her designate, televisions and computer monitors. Materials Not Accepted for Disposal: stone, brick, concrete, asphalt, aggregates, tires, metals, clean fill, wood pallets, hazardous waste, liquid waste, leaf and yard waste, white goods, brush, curbside recyclable materials, corrugated cardboard, asphalt shingles, railway ties and electronic waste. Materials Accepted for Recycling (from residential sources): glass bottles and jars, newspapers, magazines, phone books ' food and beverage cans, rigid plastic bottles, plastic tubs, mixed paper, corrugated cardboard and boxboard, metals (excluding appliances). Materials Accepted for Composting: brush, weeds, plants, leaves, tree trimmings and grass. Materials Accepted for Household Hazardous Waste Collection (from residential sources): separated paints, pesticides, motor oil, architectural coatings, stains and solvents, household chemicals and cleaners, household batteries and propane tanks.