A by-law to regulate the collection of waste in the Regional Municipality of Peel and to repeal By-law Number 47-2014.
WHEREAS on December 15, 1994, the Council of the Corporation of The Regional Municipality of Peel ("Council") 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 ("Region" or "Regional Corporation") pursuant to section 151(1)(a) of the Regional Municipalities Act, R.S.O. 1990, c. R.8, as amended;
AND WHEREAS subsection 11(3) of the Municipal Act, 2001 S.O. 2001, c. 25, as amended, provides that an upper tier municipality may pass by-laws respecting waste management, under the jurisdiction of the Region;
AND WHEREAS By-law 47-2014 was passed by Council and this by-law has been in place to regulate the collection of waste in the Region;
AND WHEREAS in order to reflect recent waste collection changes Council wishes to repeal By-law 47-2014 and replace same with an updated by-law regulating the use of the Region's waste management system;
NOW THEREFORE, the Council of the Regional Corporation enacts as follows:
In this by-law:
"Accessory Dwelling Unit" means a basement apartment, granny flat, work-living unit or any other Dwelling Unit located on the same property as an existing Dwelling Unit such as within or adjacent to such existing Dwelling Unit.
"Agencies, Boards, Commissions and Departments" or "ABCDs" means the buildings and facilities occupied by the Region and Area Municipalities including, but not limited to City/Town Halls, recreation centres, libraries, etc., as well those buildings occupied by the local conservation authorities, which receive Waste collection as provided by the Region or its Contractor.
"Animal Waste" means feces from any household pet including, but not limited to, dogs and cats, and also includes all material that has come into direct contact with the feces and all material contaminated with the feces.
"Area Municipalit[y][ies]" means the municipality of the City of Mississauga, and/or the City of Brampton, and/or the Town of Caledon.
"Ashes" means the solid residue of any household fuel after such fuel has been consumed by fire, but does not include soot.
"Automated Collection Method" means the collection of Waste or Waste from Carts using a fully-automated or semi-automated collection system and does not include the manual emptying of Carts.
"Biomedical Waste" means human anatomical waste, Animal Waste, non-anatomical waste, other waste and cytotoxic waste that is generated by:
and includes, but is not limited to tissues, organs, body parts, blood and blood products, body fluids, human or animal cultures, stocks or specimens, live or attenuated viruses, cell lines, sharps, and broken glass.
"Biweekly" means the collection of specified Waste material Set Out at the curbside for Collection, once every two weeks on the Scheduled Collection Days.
"Biweekly Cart Standard" means the maximum allowable volume of separated Waste (Garbage, Organics and/or Recyclables that may be Set Out on the Owner/Occupier's correct collection week without being Tagged, as determined by the Commissioner from time to time as required.
"Bulky Item" means a household item other than a White Good, which is larger than 1 metre (39 inches) in any one dimension or weighs in excess of 20 kilograms (44 pounds), including furniture of whatever size and weight as may be determined by the Commissioner. Includes, but is not limited to the items listed in Schedule "A" to this by-law.
"Business Improvement Area" or "BIA" means an area designated by municipal by-law under the Municipal Act, 2001 S.O. 2001, c. 25, or any successor legislation, by the City of Mississauga, the City of Brampton or the Town of Caledon. Includes Dwelling Units and places of business as set out in the areas defined in Schedule "B" to this by-law.
"Cart" means a Waste Container approved by the Commissioner that is provided to residents and is designated for the Automated or semi-Automated Collection Method and that remains the property of the Region throughout the life of the cart.
"Christmas Trees" means natural (as opposed to artificial) evergreen trees, wreaths and boughs which must be placed at a Collection Point as scheduled by the Region.
"Collection Point" means the part of the property eligible to receive services either abutting the property and as close as possible to the edge of the roadway without obstructing the roadway or sidewalk and not extending beyond the frontage of the property that has been designated by the Commissioner for the setting out and collection of Bulky Items, Garbage, Organics, Recyclable Materials, White Goods.
"Commercial" means a property used for retail or service establishments, commercial recreational purposes, entertainment purposes or offices and includes non-residential property, non-industrial property and non-Institutional property.
"Commercial/Residential Strip Plaza" means, for assessment purposes, a 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.
"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.
"Compostable Bag" means:
"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 an agreement for the collection of Waste.
"Council" means The Council of The Regional Municipality of Peel.
"Curbside Collection" means the collection of Waste in Proper Receptacles from an approved Collection Point.
"Current Allowable Volume of Waste" means the maximum amount of Waste, calculated in cubic yards, for Multi-residential Complexes or Commercial/Residential Strip plazas, as determined by the Commissioner from time to time as required.
"Dwelling Unit" means a place of residence designed or intended for habitation by one (1) or more persons with its own culinary and sanitary facilities which are provided for the exclusive use of the person or persons who reside therein.
"Exemption Periods" means a prescribed number of times per year at dates designated by the Commissioner when an Occupier/Owner may Set Out Garbage Receptacles in addition to a Garbage Cart in excess of that normally collected on the Scheduled Collection Day.
"Front-End Bin" means:
"Front-End Collection" means the collection of Waste by means of a front-end collection vehicle.
"Garbage" means Waste other than Recyclable Materials, Organics, Municipal Hazardous and Special Waste, White Goods, Bulky Items, Yard Waste and Non-Complying Waste.
"Garbage Cart" means a reusable automated or semi-automated wheeled cart with a grey lid supplied by and the property of the Region for the Biweekly collection of Garbage as described below:
"Garbage Receptacle" means:
and does not include a Recycling Cart, Yard Waste Receptacle or an Organics Cart.
"Hazardous Waste" shall have the meaning attributed to it in R.R. O. 1990 Regulation 347, as amended, but shall exclude single use dry-cell batteries that are eligible for Collection by the Region from time to time.
"Home Health Care Waste" means the items referred to in Schedule "C" used for personal home health care.
"Illegal Dumping" or "Illegally Dump" means the disposal of Waste on Private Property or Public Property by a person or persons who is neither an Owner nor an Occupier of the said property.
"Industrial" means those properties, developments and redevelopments zoned as industrial.
"Industrial or Commercial Waste" means Waste originating from:
"Institutional" means those properties, developments and redevelopments zoned as institutional.
"Institutional Waste" includes, but is not limited to, Waste generated in a building that is a Non-Profit Community Agency such as a seniors home, group home, Licensed Lodging House, place of worship, day care, community shelter, school, or community college and university residence, Regional or Area Municipality property, or the property of the Crown in Right of Ontario or the Crown in Right of Canada or any emanations thereof and any other facilities as designated by the Commissioner.
"Kraft Paper Bag" means a compostable paper bag designed and manufactured specifically to store Organics or Yard Waste.
"Licensed Lodging House" means a house or building or portion of these, approved by a municipality, where four or more people are living and where the occupants do not have exclusive access to kitchen facilities and all habitable areas of the building. It does not include a hotel, hospital, nursing home, home for the young or the aged or an institution of a hotel, hospital or home.
"Local Board" means a local board as defined in the Municipal Affairs Act, R.S.O. 1990, c. M.46, or any successor legislation, insofar as its authority may be exercised by the Region.
"Litter" means debris, refuse, or Waste discarded outside the regular Collection Point or lying scattered about the area.
"Multi-residential Complex" means an apartment building, condominium complex, townhouse complex, co-op complex, Licensed Lodging House, or other similar residential complex containing more than six (6) self-contained Dwelling Units.
"Municipal Hazardous" or "Special Waste" includes but is not limited to the items referred to as Municipal Hazardous or Special Waste in Schedule "D", and any other Waste material identified as Municipal Hazardous or Special Waste by the Region as determined by the Commissioner.
"Non-Complying Waste" means the Waste items referred to in Schedule "E."
"Non-Profit Community Agency" means a non-profit organization that is classified as such by the Canada Revenue Agency, or its successor, that is involved in programs that assist or improve the quality of life in the Region and that carries on activities without pecuniary gain that perform a function of benevolence, vocational training, or charity; or that organizes community activities such as agricultural fairs, parades, festivals and/or celebrations that allow for unrestricted public access, such as Canada Day picnics, Multi-Cultural Day celebrations and Communities in Bloom events.
"Non-Recyclable Materials" means any Waste or material that is not Recyclable Materials.
"Occupier" means an occupier as defined in the Occupiers' Liability Act, R.S.O. 1990, c. O2, or any successor legislation, and includes:
despite the fact that there is more than one Occupier of the same premises.
"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.
"On-Site Waste Collection" means the collection of Waste from Receptacles and waste storage areas on Private Property or Public Property.
"Organics Cart" means:
such other container determined by the Commissioner as acceptable for setting out Organics for collection.
"Owner" means a person who is an owner of any land or building but includes, but is not limited to, developers.
"Over Flow Materials" refers to the Waste materials Set Out for collection outside of the Carts on the Scheduled Collection Day.
"Pathological Waste" means pathological waste as defined in R.R.O. 1990, Reg. 347, as amended.
"Paper Liner" means a bag or liner constructed of easily compostable paper including cellulose lined paper bags.
"Private Property" means any land or building that is privately owned and is not owned by an Area Municipality, 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.
"Proper Receptacle" means a Garbage Cart, Recycling Cart or an Organics Cart supplied by and the property of the Region or an approved Owner/Occupier supplied Yard Waste Receptacle.
"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.
"Receptacles" means roll-off containers, lugger bins, compactor units, rear packer units, side loading bins, Front-End Bins, and Carts.
"Recyclable Materials" means any Waste or material designated by the Commissioner for the Region's Recycling Program. This includes, but is not limited to, the items referred to in Schedule "G" and any other Waste identified as recyclable by the Region as determined by the Commissioner.
"Recycling Receptacle" means
"Region" means The Regional Municipality of Peel.
"Residential Unit" means a self-contained residential Dwelling Unit permitted by law that is a:
but does not include a hotel, motel, restaurant or an Accessory Dwelling Unit.
"Residential Waste" means Waste that is discarded for collection that originates from a Residential Unit or unit in a Multi-residential Complex and includes, but is not limited to Bulky Items, White Goods, Yard Waste, Source Separated Organics, Garbage, Wood Waste and Recyclable Material.
"Scavenge" means to pick over, sort through, collect, interfere with, disturb or remove any Waste Set Out for collection, whether contained in receptacles or otherwise for the purpose of personal gain.
"Scheduled Collection Day" means a day of Residential, BIA and ABCD Waste collection for a particular geographic area within the Region as determined by the Commissioner.
"Set Out" means to place, cause or permit the placement of Waste at any location on Private Property or Public Property for the purpose of collection.
"Small Business Collection" means public Waste collection service provided to small businesses, small Commercial residences and small non-profit enterprises that exist within residential neighbourhoods on established residential waste collection routes, provided they comply with the requirements of the Region's residential Curbside Collection Program, subject to the approval of the Commissioner.
"Source Separated Organics" means source separated Organics derived from plant or animals including kitchen food waste and any other Organic material collected separately for the purpose of processing, including but not limited to composting into a beneficial use product, as determined by the Commissioner and identified in Schedule "F."
"Tag" means a sticker, tab, tie or label approved by the Commissioner for the purpose of identifying Garbage Receptacles for collection.
"Tagged" means having attached a Tag to a Garbage Receptacle.
"Waste" includes anything discarded from any source, including but not limited to, Garbage, Recyclable Materials, Organics, White Goods, Bulky Items, Yard Waste, and Non-Complying Waste such as Litter, Hazardous Waste and Municipal Hazardous or Special Waste.
"Waste Electrical and Electronic Equipment" means the waste electrical or electronic equipment referred to in Schedule "E", as defined in O. Reg. 393/04, as amended, and/or by the Commissioner.
"Waste Enclosure" means a structure consisting of an area whose site plan has been reviewed and approved by the respective Area Municipality and that has been enclosed for externally-stored waste, as defined in the Regional publication entitled "Waste Collection Design Standards Manual" as amended from time to time, with the following specifications:
"White Goods" means the items listed in Schedule "H."
"Wood Waste" means the items referred to as wood waste in Schedule "I" and any other Waste material identified as wood waste by the Region as determined by the Commissioner.
"Yard Waste" means the items referred to as Yard Waste in Schedule "J", and any other Waste material identified as Yard Waste by the Region as determined by the Commissioner.
"Yard Waste Receptacle" means:
In this by-law:
LIMITS ON COLLECTION
EXEMPTION TO GARBAGE COLLECTION
PLACEMENT OF CURBSIDE RESIDENTIAL WASTE MATERIAL
TIME RESTRICTIONS OF CURBSIDE RESIDENTIAL WASTE MATERIAL SET OUT
FREQUENCY OF GARBAGE COLLECTION SERVICE
FREQUENCY OF RECYCLING COLLECTION SERVICE
FREQUENCY OF YARD WASTE COLLECTION SERVICE
FREQUENCY OF SOURCE SEPARATED ORGANICS COLLECTION SERVICE
FREQUENCY OF BULKY ITEM COLLECTION SERVICE
WHITE GOODS COLLECTION SERVICE, TERMINATION OF SERVICE
In this by-law:
No Occupier/Owner shall be eligible to receive On-Site Waste Collection services unless the Occupier/Owner complies with all relevant requirements contained in this By-law, the Area Municipality site plan and Waste Enclosure approvals and the Region's site plan review contained in the "Waste Collection Design Standards Manual", as amended from time to time by the Commissioner.
The Region shall not provide On-Site Waste Collection unless the Occupier/Owner has received the required site plan approvals from the respective Area Municipality and has executed an Application for Private Property Waste Collection Services and an Acknowledgement and Release for Private Property Waste Collection Services, and any other documents required by the Region and the Area Municipalities, in a form satisfactory to the Commissioner.
The Region shall not be required to provide waste collection services for a Multi-residential Complex where Council has by resolution approved a request for private waste collection in respect of such Multi-residential Complex.
Every Owner of a Multi-residential Complex or an Agency, Board, Commission or Department is required to ensure proper participation in the Region's recycling program and that recycling is as convenient to each resident as the garbage collection program by:
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.
Every Occupier/Owner is required to have Front-End Bins accessible by the waste collection vehicle as of 7:00 a.m. on the designated collection day by:
Except for purposes of Set Out for collection, Front-End Bin Recycling Receptacle lids must be locked at all times and must be locked immediately after collection.
Every Occupier/Owner will be required to move Front-End Bin Waste Receptacles during collection where required due to site restrictions as determined by the Commissioner. The Region will not be responsible for emptying waste containers that are not accessible to the collection vehicle.
Every Occupier/Owner is required to conduct daily inspection of on-site Front-End Bin Waste Receptacles to:
PLACEMENT OF ON-SITE WASTE MATERIAL
On-Site Waste Collection shall not be provided to Industrial, Commercial or Institutional establishments, except as may be approved by the Commissioner, and on such terms and conditions relating to fees and charges subject to the approval of Council and as otherwise required.
In this by-law:
No Occupier/Owner shall Set Out Non-Complying Waste either on its own or mixed with any Waste.
The Region or its agents shall not collect Non-Complying Waste.
SOURCE SEPARATED ORGANICS CARTS
YARD WASTE RECEPTACLES
Subject to subsection 7.4 and 7.5, no Occupier/Owner shall Set Out more than the Biweekly Cart Standard of Garbage Receptacles or Current Allowable Volume of Waste per Residential Unit per Scheduled Collection Day.
Garbage collected from a Multi-residential Complex or from the residential Dwelling Units in a Commercial/Residential Strip Plaza using On-Site Waste Collection, in excess of the Current Allowable Volume of Waste may be subject to a collection fee to be determined from time to time by the Commissioner, subject to the approval of Council.
The Region shall not be required to collect Garbage from a Multi-residential Complex or from the residential Dwelling Units in a Commercial/Residential Strip Plaza using On-Site Waste Collection, in excess of the Current Allowable Volume of Waste described in subsection 7.2, where the fee referred to therein has not been paid in a manner as determined by the Commissioner, subject to Council approval.
An Occupier/Owner may Set Out Garbage Receptacles in excess of the Biweekly Cart Standard described in subsections 3.1 (d) and 7.1, provided that those excess Garbage Receptacles have been Tagged.
An Occupier/Owner of a Multi-residential Complex may Set Out Garbage Receptacles in excess of the Current Allowable Volume of Waste described in subsection 7.1, provided that the applicable fee described in subsection 7.2 has been paid to the Region in a manner as determined by the Commissioner, subject to the approval of Council.
The Commissioner may, from time to time, subject to the approval of Council, set fees or charges for the purchase of Tags, and may declare Exemption Periods during which Occupier/Owners are permitted to Set Out Garbage Receptacles or Garbage for On-Site Waste Collection in excess of the limits described in subsections 3.1(d), 7.1 and 7.2.
No Occupier/Owner shall Set Out Waste in a manner that it may be blown by the wind from the Cart and all lids for any such Carts must be completely closed when Set Out for a Scheduled Collection Day.
No Occupier/Owner shall set out Front-End Bins or Carts in a manner that the Waste exceeds the height level of the sides of the Garbage Receptacle preventing the lid from being securely closed.
Notwithstanding subsection 6.2, Occupier/Owners shall comply with the following conditions when Setting Out Bulky Items that do not fit into a Garbage Receptacle:
No Occupier/Owner shall Set Out corrugated cardboard unless it has been flattened and placed in the proper Recycling Cart. Plastic wrapping and polystyrene packaging materials must be removed and separated from the corrugated cardboard.
No Occupier/Owner shall Set Out tree and shrub limbs unless the 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 no more than 20 kilograms (44 pounds) in weight.
No Occupier/Owner shall Set Out a Christmas Trees unless it is less than 3 metres (10 feet) in length and free of all accessories, decorations and plastic wrap.
No Occupier/Owner shall Set Out White Goods unless all doors and Waste have been removed, all residual liquids have been drained and the Occupier/Owner has contacted the Region's Customer Contact Centre, paid the required fees and received confirmation of a collection date and Set Out those White Goods on the collection date as scheduled by the Region.
No Occupier/Owner shall Set Out Home Health Care Waste as indicated in Schedule C unless the following conditions are met:
No Occupier/Owner shall Set Out Home Health Care Waste as indicated in Schedule C unless the following conditions are met:
Notwithstanding subsection 6.2, no Occupier/Owner shall Set Out Wood Waste unless the Wood Waste is broken down and fits into the Garbage Receptacle with a closed lid.
Every Occupier/Owner of a Residential Unit, a Multi-residential Complex, a Commercial or Institutional establishment shall separate all Organics, Recyclable Materials, Yard Waste, Bulky Items, and White Goods from Garbage where the Region provides such Waste collection service. Those Occupier/Owners who do not separate Waste as described in this By-law are not eligible to receive any Waste collection services.
No Occupier/Owner shall Set Out Hazardous or Municipal Hazardous or Special Waste but will take it to a Community Recycling Centre or an approved retailer for proper disposal.
The Commissioner may determine that Occupiers/Owners who do not participate fully in the Region's Waste Management programs or services or who sell or otherwise transfer Waste to individuals other than the Region are not eligible to receive any Waste collection services.
Notwithstanding subsection 7.1, Bulky Items may be Set Out on a Scheduled Collection Day.
Notwithstanding subsection 3.3 and 4.10, the Commissioner may designate a location at which the Waste from any Residential Unit or Multi-residential Complex where the Region provides collection services or all other locations for collection by the Region shall be Set Out and may also determine the method of collection, by notice in writing, sent by ordinary mail to the Occupier/Owner of such Private Property as shown on the last assessment roll.
Where the Commissioner has designated the Set Out location pursuant to subsection 9.1, no Occupier/Owner shall Set Out Waste other than at that location.
No person shall Illegally Dump Waste upon Private Property unless that person is the Occupier/Owner of the Residential Unit or Multi-residential Complex from which the Waste originates.
Waste Set Out shall be determined to have been Set Out by the Occupier/Owner of the Residential 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.
No person shall Set Out, place, discard or cause Waste to be placed on Public Property other than as provided for herein. Illegal Dumping of Waste placed or discarded upon Public Property other than as provided herein is deemed to be owned by the person identified in any form of evidence obtained from the Waste.
All persons involved in the creation of Industrial, Commercial or Institutional Waste shall make provision for on-site, private Waste removal unless another provision has been made with the Commissioner.
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.
No Occupier/Owner of a Commercial/Residential Strip Plaza shall Set Out Industrial, Commercial or Institutional Waste with Residential Waste in an On-Site Waste Collection Receptacle collected by the Region or the Contractor.
Occupier/Owners of Agencies, Boards, Commissions and Departments shall separate all Source Separated Organics, Recyclable Materials, Yard Waste, Bulky Items, Wood Waste and White Goods from Garbage where the Region provides such Waste collection service. Those Occupier/Owners who do not separate Waste as described in this By-law are not eligible to receive any Waste collection services.
Waste collection services for new Residential Units will only commence after an occupancy permit has been issued by the Area Municipality and the Dwelling Unit is occupied.
The Region will not collect Waste from unoccupied Residential Units.
No person other than the Region, its employees, the Occupier/Owner who Set Out the Waste, or other persons authorized by law to do so, shall pick over, sort through, collect, interfere with, disturb or remove any Waste Set Out for collection, whether contained in receptacles or otherwise.
Subsection 14.1 shall not apply to the Contractor or employees of the Contractor while in the course of carrying out duties that are necessary and required pursuant to an agreement with the Region for the collection of Waste.
Unless otherwise authorized by the Region in writing, no person shall Scavenge any Waste that has been Set Out for collection.
Where any person contravenes any provision of this By-law, the Commissioner, or any 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.
Every such notice shall identify the provision that the person has breached, and indicate how that person is in breach of such provision.
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.
Where a person does not comply with a notice issued pursuant to subsection 15.3, 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.
Where Waste is removed from Private Property or Public Property pursuant to subsection 15.4 of this By-law, the Commissioner may immediately dispose of it
The Region may recover all costs associated with the actions taken to do that which is required to effect compliance with this By-law plus interest from the day the Region incurs such costs and ending on the day the costs, including the interest is paid in full. All costs, including any interest on such costs, recoverable by the Region pursuant to this By-law or otherwise pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 or any successor legislation, may be recovered by any lawful means available to the Region, and such recovery methods may include adding such amounts to the tax roll and collecting such amounts in the same manner as taxes.
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, or any successor legislation, and any order of the Medical Officer of Health or any other provision prescribed by law.
The Region shall not be obligated to collect any Waste that is not Set Out as prescribed by this By-law.
The Region may, at the discretion of the Commissioner and upon written notification, suspend Waste collection where Occupier/Owners Set Out Waste for collection which is not in compliance with the provisions of this By-law.
The Region shall not be obligated to collect Residential Waste from properties adjacent to a private, unassumed road, unless there is clear, unobstructed access to such road, sufficient, unobstructed turnaround space for the Waste collection vehicles, and adequate, unobstructed access to a public highway or roadway, all of which shall be determined by the Commissioner in his or her sole and absolute discretion.
No Occupier/Owner shall Set Out Waste except as permitted by this By-law.
Every person who contravenes any of the provisions of this By-law or who obstructs or attempts to obstruct the Officer or employee or agent of the Municipality in carrying out his or her duties under this By-law is guilty of an offence and is liable, upon conviction, to a maximum fine as established pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, or any successor legislation.
An offence shall be deemed to occur on each day for which a contravention of this By-law occurs or continues.
The Commissioner, at his or her sole discretion, may waive strict compliance with any provision of this By-law, save and except for items relating to fees and charges, which must be approved by Council and as otherwise required.
The Commissioner is delegated the authority by Council to establish, amend, replace or repeal any policies, procedures, guidelines, standards and manuals including, without limitation, the Waste Collection Design Standard Manual, as are necessary for the proper administration of this By-law, provided always that such policies and procedures are consistent with the provisions of this By-law.
The Schedules to this By-law form an integral part of this By-law.
This By-law may be referred to as the Region of Peel Waste Collection By-law.
Any reference to a statute is to such statute and to the regulations made pursuant to it, as such statute and regulations may at any time be amended or modified and in effect, and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations.
If any provision of this By-law is declared invalid for any reason by a court of competent jurisdiction, only that invalid portion of the By-law shall be severed and the remainder of the By-law shall still continue in force.
This By-law shall come into force and effect as from January 1, 2016.
Read three times and passed in open Council this 25th day of June, 2015.
Short Form Wording
Provision creating or
3 Set Fine
|1.||Set Out Garbage for collection in excess of the Biweekly Cart Standard without a tag||S. 3.1(b)||$200|
|2.||Set Out Residential Waste at improper place on Public Property||S. 3.3(a)||$200|
|3.||Set Out residential curbside Waste for collection at prohibited time||S. 3.4(a)||$200|
|4.||Fail to remove empty receptacles and/or uncollected Waste||S. 3.4(b)||$200|
|5.||Set Out Business Improvement Area Waste for collection at a prohibited time||S. 3.4(c)||$400|
|6.||Fail to remove empty receptacles and/or Waste in a Business Improvement Area||S. 3.4(c)||$400|
|7.||Fail to distribute specific instructions and Region- supplied reusable recycling bags for recycling to tenants in a Multi-Residential Complex||S. 4.4(a)||$400|
|8.||Fail to post specific recycling instructions in a Multi-Residential Complex||S. 4.4(b)||$400|
|9.||Fail to have and maintain a tenant-accessible recycling area in a Multi-Residential Complex||S. 4.4(c)||$400|
|10.||Fail to provide sufficient proper receptacles for waste in a Multi-Residential Complex||S. 4.4(d)||$400|
|11.||Fail to keep the top lid of front-end Recycling Receptacles locked at all times except for the Scheduled Collection Day||S. 4.4(e)||$400|
|12.||Fail to provide and maintain adequate access to the property for the collection vehicle for purposes of On-Site Waste Collection||S. 4.5||$400|
|13.||Fail to have Front-End Bins accessible for purposes of On-Site Waste Collection||S. 4.6||$400|
|14.||Fail to conduct daily inspection and maintain Front-End Bin Waste Receptacles||S. 4.9||$400|
|15.||Set Out Non-Complying Waste for collection||S. 5.1||$200|
|16.||Fail to Set Out Waste in Proper Receptacles||S. 6.1(a)||$200|
|17.||Set Out Waste in improper manner||S. 6.1(b)||$200|
|18.||Set Out Waste in Receptacles that do not have working lids or compactor doors that are not securely closed and locked||S. 6.1(d)(viii)||$400|
|19.||Set Out Waste in rigid receptacles that do not have rigid handles attached to the exterior of the receptacle||S. 6.1(d)(ix)||$400|
|20.||Set Out Waste exceeds weight and/or dimensions||S. 6.1(e)||$200|
|21.||Set Out Waste that exceeds the Biweekly Cart Standard or allowable volume of Waste||S. 7.1||$200|
|22.||Set Out Waste in such a manner that it is blown from its receptacle||S. 7.7||$200|
|23.||Set Out Waste in Front-End Carts that prevents the lid from being securely closed||S. 7.8||$400|
|24.||Set Out Bulky Items exceeding dimensions and/or weight||S. 7.9||$200|
|25.||Set Out cardboard exceeding dimensions||S. 7.10||$200|
|26.||Set Out tree or shrub limbs exceeding dimensions and/or weight||S. 7.11||$200|
|27.||Set Out Christmas Trees exceeding dimensions and/or weight and/or with decorations and/or wrap||S. 7.12||$200|
|28.||Set Out White Goods without removing doors, Waste, liquids and/or without an appointment and/or without paying fee and/or at prohibited time||S. 7.13||$200|
|29.||Set Out Animal Waste in an improper Garbage Receptacle||S. 7.14(a)||$200|
|30||Set Out Animal Waste in excess of permitted percentage or limit||S. 7.14(b)||$200|
|31.||Fail to Set Out Home Health Care Waste double bagged||S. 7.15(a)||$200|
|32.||Fail to Set Out Home Health Care Waste in a Garbage Receptacle||S. 7.15(b)||$200|
|33||Fail to Set Out Home Health Care Waste with tubes, filters and bags emptied and rinsed||S. 7.15(c)||$200|
|34.||Fail to Set Out Wood Waste within a Garbage Receptacle with a closed lid.||S. 7.16||$200|
|35.||Fail to separate Waste properly||S. 7.17||$200|
|36.||Set out Hazardous Waste and/or Municipal Hazardous and Special Waste||S. 7.18||$500|
|37.||Fail to Set Out Waste at the location designated by the Commissioner||S. 9.2||$200|
|38.||Set Out Waste on private property (Illegal Dumping)||S. 9.3||$500|
|39.||Set Out Waste on Public Property (Illegal Dumping)||S. 9.5||$500|
|40.||Fail to make provision for On-Site Waste Collection (Industrial, Commercial, Institutional)||S. 10.1||$500|
|41.||Fail to make provision for On-Site Waste Collection (Commercial/Residential Strip Plaza)||S. 11.1||$500|
|42.||Set Out Industrial or Commercial Waste with Residential Waste (Commercial/Residential Strip Plaza)||S. 11.2||$500|
|43.||Interfere with Waste Set Out for collection||S. 14.1||$400|
|44.||Scavenge Waste||S. 14.1||$400|
Note: The general penalty provision for the offences listed above is section 15.12 of By-law
35-2015, a certified copy of which has been filed.