AND WHEREAS since By-law 114-94 came into effect, the Regional Corporation has had all the powers conferred by any general or special Act, upon the area municipalities related to waste management powers, pursuant to section 151(1)(a)of The Regional Municipalities Act, R.S.O. 1990, c. R.8, as amended;

AND WHEREAS Section 208.1 of The Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that a "waste management system" includes facilities and services owned, operated, or controlled by a municipality for the management of waste, including the collection and removal of waste:

AND WHEREAS Section 208.6(1) of The Municipal Act, R.S.O. 1990, c. M.45, as amended, provides authority to pass by-laws to regulate the use of any part of a waste management system;

AND WHEREAS Sections 208.1 and 208.6 of The Municipal Act, R.S.O. 1990, c. M.45, as amended, apply to the Regional Corporation pursuant to section 32(3) of The Regional Municipality of Peel Act, R.S.O. 1990, c. R.15;

AND WHEREAS the Council of the Regional Corporation on the 14th November, 1996 authorized the enactment of a by-law to regulate the collection of waste in the Region of Peel;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

1. In this by-law:

a) "Ashes" means the solid residue of any household fuel after such fuel has been consumed by fire, but does not include soot.

b) "Brush" includes tree and shrub limbs that are less than or equal to 10 cm (4in.) in diameter and no larger than 1.2 m (4 ft.) in length.

c) "Bulk Items" include, but are not limited to, furniture, rugs, carpets, sofas, mattresses, barbecues, small appliances, video cassette recorders, television sets and microwave ovens.

d) "Commissioner" means the Commissioner of Public Works for the Region of Peel, or his or her designate, authorized to act on his or her behalf.

e) "Compostable Materials" shall consist of, but are not limited to, Christmas trees, leaves, yard waste, food waste, and any other requested organic material by the Region.

f) "Contractor" means any individual, firm, company or corporation and the employees of any such individual, firm, company or corporation with whom the Region of Peel has entered into a contract or agreement with, for the collection of waste.

g) "Council" means the Council of the Regional Municipality of Peel.

h) "Hazardous Waste" means waste as defined under The Environmental Protection Act, R.R.O. 1990, Regulation 347.

i) "Industrial, Commercial, or Trade Waste" means waste originating from:

(i) any business establishment;

(ii) an enterprise or activity involving warehousing, storage or industrial, manufacturing, or commercial processes or operations;

(iii) an enterprise or activity where goods or materials are kept for sale, or offered for sale, to the general public;

(iv) research or an experimental enterprise or activity;

(v) clinics that provide medical diagnosis or treatment;

(vi) laboratories or hospitals; or

(vi) construction or demolition projects, or home renovations.

j) "Institutional Establishment" includes but is not limited to a building that is a senior's home, place of worship, day care, shelter or school, or residential dwellings at community colleges and universities.

k) "Local Board" means any school board, public utility commission, transportation commission, public library board, local board of health, police services board or any other board, commission, committee, or local authority established or exercising any power or authority under any general or special Act with respect to the affairs or purposes, including school purposes, of the Region or any area municipality thereof.

l) " Multi-residential Complex" means an apartment building, condominium complex, townhouse complex, co-op complex or other similar residential complex containing more than four (4) self-contained dwelling units.

m) "Occupier" and "Owner" have the same meaning as they do for the purposes of The Occupiers' Liability Act, R.S.O. 1990, c.0.2, and includes:

i) a person who is in physical possession of a premises; or

ii) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises despite the fact that there is more than one operator of the same premises;

and "occupier/owner" shall mean either the owner or the occupier or both as the context may permit or require.

n) "Officer" means a person appointed by a by-law of the Region or any area municipality in the Region as a By-law Enforcement Officer.

o) "On-Site Waste Collection" means the collection of waste from containers and/or receptacles at a designated location on private property.

p) "Pathological Waste" means, waste that is defined under The Environmental Protection Act, RR.O. 1990, Regulation 347. See Schedule "A."

q) "Private Property" means property which is privately owned and is not property of an area municipality in the Region or property of a Local Board, or property of The Regional Municipality of Peel or property of the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof.

r) "Public Property" means property which is property of an area municipality in the Region or property of a Local Board or property of The Regional Municipality of Peel or property of the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof.

s) "Recyclable Materials" means waste designated by the Commissioner under the waste collection contract entered into between the Region and a Contractor by the Commissioner as waste to be collected separately from other waste, for the purpose of recycling.

t) "Region" means The Regional Municipality of Peel.

u) "Residential Waste" means waste that is discarded for collection that originates from a house or household and includes, but is not limited to, bulk items, white goods, yard waste, compostable materials and recyclable materials.

v) "Set Out" means to place waste out to curbside, public or private lane ways or driveways or at designated locations on site at multi-family dwellings for the purposes of waste collection.

w) "Scavenge" means to sort through, collect or remove materials from waste that has been set out for collection.

x) "Waste" includes anything discarded for collection from any source and litter.

y) "Whitegoods" include, but are not limited to refrigerators, freezers, air conditioners, stoves, washers, dryers, dishwashers, hot water tanks, metal bathtubs, metal sinks, metal shower enclosures and oil tanks but do not include these materials when discarded as a result of renovations to a multi-residential complex.

z) "Yard Waste" shall consist of, but not be limited to Christmas trees, brush, leaves and common lawn and garden materials.

(2) A request for On-Site Waste Collection shall be accompanied by an executed indemnity and release in favour of the Region, in a form satisfactory to the Commissioner.

ACCESS

3. (1) Every Occupier/Owner shall at all times maintain access to the Occupied/Owned premises required for the purposes of On-site Waste Collection in a condition free of snow, ice and other hazards.

(2) Every Occupier/Owner shall ensure that waste set out for collection which has become frozen to a receptacle or which has become frozen to the ground, and has not been removed by the contractor at the time of collection, shall be removed from the place where it has been set out for collection, onto the Occupied/Owned premises.

NON-COMPLYING WASTE

4. (1) No person shall set out for collection, and no Occupier/Owner shall permit to be set out for collection, a non-complying waste referred to in Schedule "A," as attached to this by-law.

RECEPTACLES

5. (1) No person shall set out for collection waste which is not contained within a proper receptacle described in Schedule "B," as attached to this by-law.

(2) No person shall set out for collection waste contained in:

a) paint cans;

b) containers which are smaller at the top than at the bottom;

c) containers having a lid which is attached to the container;

d) cardboard boxes;

e) shopping or grocery bags greater than four in number at any one location;

f) semi and fully automated roll out carts or containers of a type which has not been approved by the Commissioner; or

g) any receptacle which cannot be conveniently collected having regard to such matters as safety of the operator and efficiency of collection.

(3) No person shall set out for collection a receptacle which with its contents weighs in excess of 23 kilograms (50 pounds).

(4) No person shall set out for collection yard waste which is not contained in an acceptable yard waste receptacle, described in Schedule B of this by-law.

(5) No person shall set out for collection yard waste contained in:

a) blue boxes;

b) opaque plastic bags which are tied; or

c) containers having a lid attached or fixed to the top of the container.

(6) No person shall set out for collection waste in a receptacle which is:

a) emitting a foul or offensive odour;

b) in such a condition that its cover cannot be tightly closed;

c) harbouring or attractive to rats or other vermin or insects;

d) packed in such a manner that waste falls out or protrudes from it;

e) unsafe; or

f) unsightly.

CONDITION OF WASTE SET OUT FOR COLLECTION

(3) No person shall set out for collection corrugated cardboard waste unless it has been flattened or cut and securely tied into compact bundles.

(4) No person shall set out for collection any refrigerator, freezer, stove, dishwasher or similar item unless such waste has had all of its doors removed and has been drained of all liquids.

PLACEMENT OF WASTE SET OUT FOR COLLECTION

(2) Despite subsection (1), no Occupier/Owner is obligated to ensure the placement of residential waste is as close as possible to the edge of the roadway where the Commissioner has approved in writing 0alternative arrangements for the placement of the residential waste.

(3) Where the Commissioner has designated the precise location at which waste shall be set out for collection, whether on private or public property, no person shall set waste out for collection other than in accordance with the Commissioner's designation.

TIMING

(2) Every Occupier/Owner shall ensure that all residential waste receptacles and all uncollected residential waste are removed from the place at which they were set out from Owned/Occupied premises for collection, no later than 8:00 p.m. on the day for which collection was scheduled.

STORAGE AREAS/CONTAINERS

(3) The Commissioner may take into account, among other things, the structure and number of waste storage areas in considering whether to approve or withhold his or her approval of such areas.

(4) Every waste storage container shall clearly identify the Owner of the container by reference to both the business name and telephone number of the Owner.

(5) No person shall alter the location of a waste storage area or container without the approval of the Commissioner.

(6) The Commissioner may revoke his or her approval of a waste storage area or waste storage container when upon reasonable grounds the Commissioner deems it advisable to do so.

(7) No Occupier/Owner providing a waste storage area or waste storage container shall permit it to be in such a condition that:

a) it is unsightly;

b) it emits a foul or offensive odour;

c)the lids or doors cannot be closed tightly;

d) it harbours or attracts rats or other vermin or insects;

e) waste placed in it falls out or protrudes; or

f) it is unsafe.

COMMERCIAL/RESIDENTIAL STRIP PLAZA

(2) Every Owner, except a residential tenant, in a Commercial/Residential Strip Plaza shall make provision for on-site, private waste removal unless another provision has been made with the Commissioner.

SCAVENGING

11.(1) No person other than the Contractor, the Region, its authorized agents, the person who set the waste out for collection, or other persons authorized by law to do so, shall scavenge, pick over, interfere with, disturb or remove any Waste Set Out for collection, whether contained in receptacles or otherwise.

NOTICE

(2) Every such notice delivered or sent by the Commissioner or an Officer shall identify the provision which the person has breached by failing to do that which is required to be done under this by-law, and indicate how that person is in breach of such provision.

(3) Every such notice shall be delivered or sent to the address shown on the last revised assessment roll or to the last known address of the person, or to both.

(4) Every person to whom a notice has been delivered or sent by the Commissioner or an Officer shall comply with such notice without delay.

13. (1) Where a person is in default of doing that which is required to be done under a notice pursuant to subsection 12(2) of this by-law, the Commissioner may perform/carry out that which is required to be done or cause it to be performed/carried out.

(2) Where the Commissioner removes waste from property pursuant to subsection (1), the Commissioner may immediately dispose of it.

(3) The Region may recover the expense incurred in doing that which is required as referred to in subsection (1) of this by-law by action or in like manner as municipal taxes.

14. The provisions of this by-law shall not relieve any person from compliance with any provisions of The Health Protection and Promotion Act, any order of the Medical Officer of Health or any other provision prescribed by law.

15. The Region shall only provide collection services when all waste materials are set out as prescribed by this by-law at locations designated by this by-law or by the Commissioner, and only those materials which are properly contained in regulation containers shall be collected.

16. Every person who contravenes any provision of this by-law is guilty of an offence and is liable, upon conviction, to a fine of not more than the maximum amount provided for in The Provincial Offences Act, as amended from time to time.

17. This by-law may be referred to as the Region of Peel Waste Collection By-law, 1996.

1.Waste Receptacles

a) A rigid container having a lid which is readily separable from the container, which when covered is watertight.

b) A rigid container having handles that are attached or moulded to the exterior of the container.

c) A rigid container having a liquid capacity less than 135 litres (30 imperial gallons).

d) Non-returnable plastic garbage bags capable of being closed or tied and containing waste weighing 23 kilograms (50 pounds) without bursting.

e) Shopping or grocery bag(s) less than or equal to four in number at any one location.

a) A blue box specifically provided by the Region or an Area Municipality to contain recyclable materials.

a) Plastic bags containing yard waste are to be translucent or clear plastic bags which are closed or tied.

b) Containers containing yard waste are to be open rigid containers, open kraft bags, and bushel baskets.

Semi-automated containers compatible with the collection vehicles which are approved by the Commissioner.