|THE REGIONAL MUNICIPALITY OF PEEL|
|BY-LAW NUMBER 20-2001|
A by-law to repeal By-law 80-96 and establish a by-law to regulate the collection of waste in the Region of Peel.
WHEREAS on December 15, 1994, the Council of the Regional Corporation enacted By-law 114-94 and thereby assumed, effective May 1, 1995, all waste management powers of the area municipalities within the Region of Peel 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, removal transfer, processing, storage, reduction, reuse, recycling and disposal of the 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 enacted By-law 80-96 to regulate the collection of waste in the Region of Peel;
AND WHEREAS the Council of the Regional Corporation now wishes to modify regulations pertaining to the collection of waste in the Region of Peel by repealing By-law 80-96 and replacing it with this by-law;
NOW THEREFORE the Council of the Regional Corporation enacts as follows:
1. By-law 80-96 is hereby repealed.
2. In this by-law:
a) "Accessory Dwelling Unit" means an additional self-contained dwelling unit permitted by law located on the same parcel of land as a Residential Unit.
b) "Ashes" means the solid residue of any household fuel after such fuel has been consumed by fire, but does not include soot.
c) "Bulky Items" shall consist of large items including, but 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 Regional Municipality of Peel, or his or her designate, authorized to act on his or her behalf.
e) "Compostable Materials" shall consist of, Yard Waste, food waste, and any other organic material identified as compostable by the Region as determined by the Commissioner from time to time.
f) "Commercial/Residential Strip Plaza" means a commercial property composed of five or more separate outlets, where goods or materials are kept for sale, or offered for sale to the general public or where services are provided, with on-site, off street parking and includes residential accommodation on the second storey or above the second storey.
g) "Contractor" means any individual, firm, company or corporation and the employees of any such individual, firm, company or corporation with whom the Region has entered into a contract or agreement for the collection of waste.
h) "Council" means the Council of The Regional Municipality of Peel.
i) "Customer Service Co-ordinator" means an employee of The Regional Municipality of Peel appointed by the Commissioner for that purpose.
j) "Hazardous Waste" includes:
i) Explosive waste, including, but not limited to, wastes that may also produce deadly fumes or vapours when exposed to air or mixed with other materials, and wastes such as aerosol cans (full or partially full) and propane cylinders and tanks;
ii) Flammable waste, including, but not limited to, gasoline, motor oil, barbecue starter fluid, Varsol, paint thinner and other solvent, and finger-nail polish and remover;
iii) Toxic waste including, but not limited to, wastes that are poisonous or lethal if swallowed or inhaled, paint (full or partially full cans), pesticides, motor oil, over-the-counter and prescription medicine and household and other cleaners;
iv) Corrosive waste including, but not limited to, batteries (household and automotive), drain opener, oven cleaner, acid, and photographic solution; and,
v) Bio-medical waste including, but not limited to hypodermic needles, syringes, sharps and medical dressings.
vi) The following as defined in R.R.O. 1990, Reg. 347, as amended pursuant to the Environmental Protection Act, R.S.O. 1990, c. E19:
a) hazardous industrial waste,
b) acute hazardous waste chemical,
c) hazardous waste chemical,
d) severely toxic waste,
e) ignitable waste,
f) corrosive waste,
g) reactive waste,
h) radioactive waste, except radioisotope wastes disposed of in a landfilling site in accordance with the written instructions of the Canadian Nuclear Safety Commission or the Atomic Energy Control Board,
i) pathological waste,
j) leachate toxic waste, or
k) PCB waste as defined in Regulation 362 of the Revised Regulations of Ontario, 1990.
k) "Industrial, Commercial, or Institutional Waste" means waste originating from:
(i) any business or Institutional 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.
l) "Institutional Establishment" includes, but is not limited to, a building that is a seniors' home, place of worship, day care, community shelter, school, or community college and university student residence.
m) "Local Board" means a local board as defined in the Municipal Affairs Act, R.S.O. 1990, c. M-46 insofar as its authority may be exercised within the Region.
n) "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.
o) "Occupier" means an occupier as defined in 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 occupier of the same premises.
p) "Occupier/Owner" includes both any person who is an owner and any person who is an Occupier of any land or building.
q) "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.
r) "On-Site Waste Collection" means the collection of Waste and Recyclable Materials from containers and waste storage areas on Private Property or Public Property. For the purposes of On-Site Waste Collection, "container" includes, but is not limited to: roll-off containers, lugger bins, compactor units, rear packer bins, side loading bins, front-end bins and automated roll-out carts for Recyclable Materials.
s) "Pathological Waste" means pathological waste as defined in R.R.O. 1990, Reg. 347, as amended passed pursuant to the Environmental Protection Act, R.S.O. 1990, c. E19.
t) "Peel Organics Composting Program Receptacle" means a fully automated roll-out cart supplied by the Region to contain Compostable Materials for the purposes of the Peel Organics Composting Program.
u) "Private Property" means any land or building that is privately owned and is not owned by an area municipality in the Region, a Local Board, the Region or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof, unless it is leased to a person or corporation not listed above.
v) "Proper Receptacle" means a Waste Receptacle, Recycling Receptacle, Yard Waste Receptacle, or Peel Organics Composting Program Receptacle.
w) "Public Property" means any land or building that is owned by an area municipality in the Region, a Local Board, the Region, or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof.
x) "Recyclable Materials" means any Waste or material designated under a waste collection contract entered into between the Region and a Contractor, mandated under Ontario Reg. 101/94 or designated by the Commissioner as a waste or material to be collected separately from other waste, for the purpose of recycling.
y) "Recycling Receptacle" means a blue or grey box specifically designed to contain Recyclable Materials.
z) "Region" means The Regional Municipality of Peel.
aa) "Residential Unit" means a self-contained dwelling unit permitted by law but does not include a unit in a Multi-Residential Complex.
bb) "Residential Waste" means Waste that is discarded for collection that originates from a Residential Unit or Accessory Dwelling Unit and includes, but is not limited to, Bulky Items, White-Goods, Yard Waste, Compostable Materials and Recyclable Materials.
cc) "Set Out" means to place, cause or permit to be placed, Waste at any location on Private Property or Public Property for the purpose of collection.
dd) "Scheduled Collection Day" means a day of Residential Waste collection for a particular geographic area within the Region as determined by the Commissioner at his or her sole discretion.
ee) "Tag" means a sticker, tab, tie or label approved by the Commissioner for the purpose of identifying Waste Receptacles for collection.
ff) "Tagged" means having attached a Tag to a Waste Receptacle.
gg) "Waste" includes anything discarded for collection from any source and litter.
hh) "Waste Receptacle" means:
(i) a rigid container having a lid which is readily separable from the container, which when covered is watertight, and handles that are attached or moulded to the exterior of the container, has a volume less than 135 litres (30 imperial gallons); or
(ii) a non-returnable plastic garbage bag no larger than 91.44 centimetres (36 inches) in width and 120 centimetres (50 inches) in length capable of being closed or tied.
and does not include a Recycling Receptacle, Yard Waste Receptacle or Peel Organics Composting Program Receptacle.
ii) "White-goods" 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.
jj) "Yard Waste" shall consist of, but not be limited to Christmas trees, tree and shrub limbs, leaves, grass and common lawn and garden materials but shall exclude sod and soil.
kk) "Yard Waste Receptacle" means an open rigid container, kraft paper yard waste bag, or bushel basket containing Yard Waste but not a Recycling Receptacle or a plastic bag.
ON-SITE WASTE COLLECTION
3. (1) On-Site Waste Collection shall be carried out at designated locations on a site plan approved by the Region or the area municipality in which the site is located.
(2) The Region shall not provide On-Site Waste Collection unless the Occupier/Owner has executed an indemnity and release in favour of the Region, in a form satisfactory to the Commissioner.
(3) Every Occupier/Owner shall at all times maintain adequate vehicular access to their property for the purposes of On-site Waste Collection, including, but not limited to, removing snow, ice and other hazards.
(4) On-Site Waste Collection shall not be provided in respect of Industrial, Commercial or Institutional Waste except as may be authorized by the Commissioner, and on such terms and conditions, including fees and charges, as the Commissioner may determine.
4. No Occupier/Owner shall Set Out Non-Complying Waste, as described in Schedule A of this by-law.
5. (1) No Occupier/Owner shall Set Out Residential Waste which is not contained within a Proper Receptacle.
(2) No Occupier/Owner shall Set Out 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) grocery bags greater than three (3) in number;
f) semi and fully automated roll-out carts; save and except Peel Organics Composting Program Receptacle;
g) containers of a type which have not been approved by the Commissioner; or
h) any receptacle from which waste which cannot be conveniently collected having regard to such matters as safety of the operator and efficiency of collection.
(3) No Occupier/Owner of a Residential Unit or Accessory Dwelling Unit shall Set Out Residential Waste, Recyclable Materials or Yard Waste in a receptacle that together with its contents weighs in excess of 23 kilograms (50 pounds).
(4) No Occupier/Owner shall Set Out a Recycling Receptacle unless it contains only Recyclable Materials.
(5) No Occupier/Owner shall Set Out a Yard Waste Receptacle unless it contains only Yard Waste.
(6) No Occupier/Owner shall Set Out Yard Waste which is not contained in an acceptable Yard Waste Receptacle, save and except Christmas trees and tree or shrub limbs.
(7) No Occupier/Owner shall Set Out Waste in a Waste Receptacle which is:
a) emitting a foul or offensive odour;
b) in a condition that it cannot be tightly closed;
c) harbouring rats or other vermin;
d) packed in such a manner that waste falls out or protrudes from it.
CONDITION OF WASTE SET OUT FOR COLLECTION
6. (1) Subject to subsection 6(4), no Occupier/Owner of a Residential Unit or an Accessory Dwelling Unit shall Set Out more than three (3) Waste Receptacles.
(2) Notwithstanding subsection 5(1), an Occupier/Owner may Set Out up to three (3) grocery bags of Waste. Each grocery bag shall constitute one (1) Waste Receptacle for the purposes of subsection 6(1).
(3) Waste collected from a Multi-residential Complex using On-Site Waste Collection in excess of 3.1 cubic metres (4 cubic yards) of uncompacted Waste, or 1.5 cubic metres (2 cubic yards) of compacted Waste, per 10 self-contained dwelling units per week is subject to a collection fee to be determined from time to time by the Commissioner .
(4) An Occupier/Owner may Set Out Waste Receptacles in excess of the limit described in subsection 6(1), provided that those excess Waste Receptacles have been Tagged.
(5) The Commissioner, from time to time, may set fees or charges for the purchase of Tags, and may declare amnesty periods during which Occupier/Owners are permitted to Set Out Waste Receptacles or Waste for On-Site Waste Collection in excess of the limits described in subsections 6(1), 6(2) and 6(3).
(6) No Occupier/Owner shall Set Out Waste in a manner that it may be blown from its container by the wind.
(7) Notwithstanding subsection 5(1), an Occupier/Owner may Set Out any carpet, crates, or similar Bulky Items only if such Waste has been securely tied into compact bundles or parcels, of not more than 1.2 metres (4 feet) in length, .76 metres (2.5 feet) in width and height and not exceeding 23 kilograms (50 pounds) in weight.
(8) Notwithstanding subsection 5(1), an Occupier/Owner may Set Out corrugated cardboard only if it has been flattened or cut and securely tied into compact bundles of not more than 76 centimetres (30 inches) in length, 76 centimetres (30 inches) in width and 20 centimetres (8 inches) in height.
(9) Notwithstanding subsection 5(1), an Occupier/Owner may Set Out tree and shrub limbs only if such limbs are no more than 10 centimetres (4 inches) in diameter, no longer than 1.2 metres (4 feet) in length and are securely tied into compact bundles or parcels no more than 23 kilograms (50 pounds) in weight.
(10) Notwithstanding subsection 5(1), an Occupier/Owner may Set Out Christmas trees only if less than 3 metres (10 feet) in length and free of all decorations and plastic wrap.
(11) Notwithstanding subsection 5(1), an Occupier/Owner may Set Out White-goods only if all doors have been removed, all liquids have been drained and the Occupier/Owner has contacted the Region's Public Works Department and received confirmation of a collection date. The Set Out times in Section 9 shall apply.
(12) No person shall Set Out Waste unless that person is the Occupier/Owner of the Residential Unit, Accessory Dwelling Unit or Multi-Residential Complex from which the Waste originates.
(13) Waste Set Out shall be deemed to have been Set Out by the Occupier/Owner of the Residential Unit or Accessory Dwelling Unit directly adjacent to the location where the Waste is found. In the case of a Multi-Residential Complex Waste Set Out shall be deemed to have been Set Out by the Occupier/Owner of the Multi-Residential Complex.
7. Notwithstanding subsection 5(1), Bulky Items may be Set Out on a Scheduled Collection Day.
PLACEMENT OF WASTE SET OUT
8. (1) Every Occupier/Owner shall Set Out Residential Waste on Public Property, as close as possible to the travelled portion of the public highway or roadway directly adjacent to the Private Property of the Occupier/Owner, without obstructing the travelled portion of the roadway, sidewalk or footpath.
(2) Notwithstanding subsection 8(1), the Commissioner may designate a location at which the Waste from any Residential Unit, Accessory Dwelling Unit or Multi-Residential Complex shall be Set Out, by notice in writing, sent by ordinary mail to the Occupier/Owner of such Private Property as shown on the last revised assessment roll.
(3) Where the Commissioner has designated the Set Out location pursuant to subsection 8(2), no Occupier/Owner shall Set Out Waste other than at that location.
9. (1) No Occupier/Owner shall Set Out Residential Waste prior to 7:00 p.m. on a day immediately preceding a Scheduled Collection Day, or later than 7:00 a.m. on a Scheduled Collection Day.
(2) Every Occupier/Owner shall ensure that all receptacles and all uncollected Waste is removed from the place at which it was Set Out no later than 8:00 p.m. on the Scheduled Collection Day.
INDUSTRIAL, COMMERCIAL OR INSTITUTIONAL WASTE
10. Generators of Industrial, Commercial or Institutional Waste shall make provision for on-site, private waste removal unless another provision has been made with the Commissioner.
COMMERCIAL/RESIDENTIAL STRIP PLAZA
11. Every Occupier/Owner of a Commercial/Residential Strip Plaza, except a residential tenant, shall make provision for on-site, private Waste removal unless another provision has been made with the Commissioner.
12. No person other than the Contractor, the Region, its authorized agents, the Occupier/Owner who Set Out the Waste, or other persons authorized by law to do so, shall scavenge, pick over, sort through, collect, interfere with, disturb or remove any Waste Set Out for collection, whether contained in receptacles or otherwise.
13. (1) Any employee of the Region who holds the position of a Customer Service Co-ordinator, a Multi-Residential Co-ordinator, the Supervisor of Waste Collection or the Manager of Waste Collection and Processing is a by-law enforcement officer for the purpose of the administration of this by-law.
(2) Where any person contravenes any provision of this by-law, the Commissioner, or an Officer may, by written notice delivered by personal service, require such person to comply with this by-law within the time specified in the notice.
(3) Every such notice shall identify the provision that the person has breached, and indicate how that person is in breach of such provision.
(4) Every person to whom a notice has been delivered shall comply with such notice without delay and within the time specified in the notice calculated from the delivery of such notice.
14. (1) Where a person does not comply with a notice issued pursuant to section 13, the Commissioner may perform or carry out that which is required to be done or cause it to be performed or carried out at that person's expense.
(2) Where Waste is removed from Private Property or Public Property pursuant to subsection 14(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 14(1) of this by-law, by action or in like manner as municipal taxes.
15. The provisions of this by-law shall not relieve any person from compliance with any provisions of the Health Protection and Promotion Act, R.S.O. 1990, c.H-7, any order of the Medical Officer of Health or any other provision prescribed by law.
16. The Region shall not be obligated to collect any Waste that is not Set Out as prescribed by this by-law.
17. No Occupier/Owner shall Set Out Waste except as permitted by this by-law.
18. Every person who contravenes any provision of this by-law and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and subject to a fine as described in Schedule B, attached hereto.
19. An offence shall be deemed to occur on each day for which a contravention of this by-law occurs or continues.
20. The Commissioner, at his or her sole discretion, may waive strict compliance with any provision of this by-law.
21. This by-law shall come into force and effect on June 4, 2001.
22. This by-law may be referred to as the Region of Peel Waste Collection By-law.
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 10th May, 2001.
a) Liquid Waste
b) Hay, straw or manure
d) Industrial, Commercial or Institutional Waste
e) Earth, brick, stone building material, sod and soil
f) Hot ashes or other waste capable of starting fires
g) Hazardous Waste
i) Bio-medical waste, including syringes, hypodermic needles, sharps and medical dressings
j) Automotive Parts including tires
k) Waste which has not been drained of all liquids
|Waste Management By-law Offence & Fines
|By-law Section||Set Fine|
|Set out prohibited waste for collection||S. 4||$55|
|Fail to provide and/or maintain receptacle(s)||S. 5||$55|
|Maintain receptacle(s) in an improper condition||S. 5(7)||$55|
|Fail to prepare residential waste for pickup as required||S. 6||$55|
|Set out waste for collection in an improper place||S. 8||$55|
|Set out waste for collection at prohibited time||S. 9(1), 6(11)||$55|
|Fail to remove empty receptacle(s) and/or waste||S. 9(2)||$55|
|Failure to make provision for on-site waste collection||S. 10, 11||$105|
|Interfere with waste placed out for collection||S. 12||