HomeMy WebLinkAboutBy-law 5422/98THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5422/98
Being a by-law for establishing and maintaining a
system for the collection and removal of garbage,
recyclable materials, yard waste and other refuse.
WHEREAS, pursuant to Sections 208.6 (1) and (2) the Municipal Act, R.S.O. 1990, chapter
M.45, as amended a local municipality may pass by-laws to prohibit or regulate the use of any
part of a waste management system;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
DEFINITIONS
1. For the purpose of this by-law the term:
(a)
"biomedical waste" shall mean whether solid or liquid, including but not limited
to, any animal or human organ or part thereof, bone, muscle, or animal or human
tissue or part thereof, used bandages, poultices, dressings, medicines, vitamins,
drugs, vaccines, needles, syringes, vials or any other similar material or substance
which contains or may contain pathogenic micro-organisms or which may be
hazardous or dangerous;
(b)
"building materials" shall mean all waste materials generated from the renovation
or repair of a structure;
(c)
"bundle" shall mean a parcel securely tied with string or twine not exceeding one
hundred centimeters in length by eighty centimetres in width, depth or diameter
weighing not more than 23 kg;
(d)
"collectible garbage" shall mean all manner of domestic dry waste, refuse, ashes
and other domestic waste but does not include yard waste, recyclable material or
wastes as defined as being non-collectible in this by-law;
(e)
"day of collection" shall mean the day designated for the purpose of collection
and removal of collectible solid waste from within a designated area;
(0
"designated area" shall mean those areas within the Town of Picketing designated
from time to time by by-law as areas in which the Corporation of The Town of
Picketing shall regularly collect and remove collectible garbage;
(g)
"Director of Public Works" shall mean the Director of Public Works of the
Corporation of the Town of Picketing or his or her designate;
(h)
"dwelling unit" shall have the same meaning as that in the zoning by-law of the
Town;
(i)
"hazardous waste" shall mean any waste material that is corrosive, flammable,
reactive or toxic;
(J)
"item" shall mean any large object such as an appliance or furniture, bundle or a
receptacle of collectible garbage as defined and shall pertain to the number of
items collected by the Town;
(k)
(1)
"non-collectible waste" shall mean the following materials unless otherwise stated
and only in such collection programs as defined:
(i) swill or organic matter not drained or wrapped;
(ii) liquids;
(iii) hay and straw;
(iv) carcasses or parts of any animal or fowl with the exception of bonafide
kitchen waste;
(v) human or animal excrement;
(vi) industrial or trade waste including abandoned, condemned or rejected
product and the stock of any wholesale or retail merchant;
(vii) hot ashes, explosives or other incendiary;
(viii) sod, earth or stone;
(ix) tree stumps, trunks and branches in excess of 50 millimetres in diameter;
(xi) grass clippings
(xii) automotive parts;
(xiii) building material or building rubbish;
(xiv) biomedical wastes; and
(xv) hazardous wastes.
"receptacle" shall mean:
(i) a reusable receptacle shall be of such design that the receptacle shall have
smooth internal surfaces, have two (2) suitable handles, be not greater than
eighty centimetres in height and not more than fifty centimetres in width
or diameter, weigh not more than twenty-three (23) kilograms with
contents, and have a bottom surface not wider than the top opening;
(ii) heavy-duty plastic bags shall not be greater than eighty centimeters in
height by sixty-five centimeters in width, be properly sealed, have a
volume not exceeding 0.1 cubic metres, a weight not exceeding twenty-
three (23) kilograms with contents, and be sufficiently durable to
withstand lifting without breaking open;
(iii) only clear, transparent, heavy-duty plastic bags, returnable bushel baskets
or open top reusable receptacles shall be used for yard waste;
(iv) recyclable materials shall be placed at the curb in blue boxes or any other
returnable container not greater in volume than the blue box;
(v) bulk roll-out receptacles of a volume and configuration as specified by the
Director of Public Works shall be used for the storage and collection of
garbage from multi-dwelling unit residential buildings; and
(m)
(n)
(o)
(p)
(vi)
roll-out receptacles of a size and configuration as specified by the Director
of Public Works shall be used for multi-dwelling unit residential recycling
programs.
"recyclable material" shall mean any waste material designated by the Town or
Region of Durham as being acceptable for collection and without limiting the
generality of the foregoing includes newsprint and inserts, unwaxed corrugated
cardboard, magazines, boxboards, type 1 polyethylene terephthalate containers
and beverage or food receptacles made of glass or metal;
"solid waste" shall mean garbage, yard waste, recyclable material, rubbish and
debris, but does not include any material not collected by the Town;
"Town" shall mean the Corporation of the Town of Pickering;
"yard waste" shall mean any organic compostable waste designated by the Town
as being acceptable for collection for the purposes of composting and without
limiting the generality of the foregoing includes brush, hedge and shrub clippings,
leaves, flowers and vegetable plants;
(a)
(b)
(c)
RESPONSIBILITIES
In designated areas, the Town shall collect and remove, or cause to be collected or
removed, collectible garbage, recyclables and yard waste at regular intervals
subject to the provisions of this By-law, and from time to time designate certain
days for the collection of specific types of material.
The decision of the Director of Public Works shall be final as to quantities and
types of solid waste to be collected and the procedures employed for collection.
Except when specifically authorized by the Town no collection vehicle owned or
leased by the Town or by any person, business or company for the benefit of the
Town shall enter upon any private property for the purpose of collecting or
removing any material and no handler employed by the Town or any of its agents,
representatives or contractors shall be required to enter into or upon any building
or structure located on private property for the purpose of collecting or removing
any material.
o
COLLECTION PROCEDURES
Every person required to use or making use of collection and removal services shall
comply with the prescribed procedures for collection:
(a)
solid waste shall be set out in the prescribed receptacles, items or bundles for
garbage, yard waste and recycling collections, and shall be placed on the public
property abutting the front yard of the premises as close to the edge of the
roadway as possible without obstructing the passage of vehicles, pedestrians or
both and the Director of Public Works may further specify the exact location
where solid waste may be placed to facilitate collection;
(b)
collectable garbage, recyclable materials and yard waste shall be distinctly
separated from each other at the prescribed location to facilitate collection;
(c)
solid waste shall be set out for collection at the prescribed location not earlier than
6:00 p.m. on the day immediately preceding the day of collection and not later
than 7:00 a.m. on the designated day of collection;
(d)
(e)
(g)
(h)
(i)
every person who has placed any material for collection on any public property
shall remove from that public property any receptacle and any material remaining
for any reason on that public property before 8:00 p.m. on the day of collection,
whether or not waste collection services have occurred;
No person shall sweep, throw, drop or place, or cause to be swept, thrown,
dropped or placed any material onto any lane, street, creek, roadway, walkway or
other public property in the Town except for collection as hereinafter provided;
No person shall permit any material to be swept, thrown, or dropped from
premises occupied by him or from a vehicle owned or operated by him onto any
lane, street, creek, roadway, walkway or other public property in the Town;
No person shall keep on his premises or elsewhere a dump, receptacle or
repository for any material in such a condition that the dump, receptacle or
repository, as the case may be, or its contents, is a nuisance or emits foul or
offensive odours or harbours or attracts rats, other vermin or insects;
where the Town has contracted for the collection and removal of solid waste other
than by manual collection from a public roadway, such collection and removal
shall be effected only if such waste is placed in receptacles approved for the
purpose by the Director of Public Works and the approved receptacles are placed
in locations similarly approved; and
owners and occupiers of premises containing three or more residential,
commercial or industrial units, or a combination thereof, shall keep and store
receptacles and bundles only in enclosed compartments or structures, the location
specifications and construction of which have been approved in advance by the
Director of Public Works.
GARBAGE COLLECTION
Every person required to use or making use of regular garbage collection shall comply
with the following:
(a)
no person shall mix or place out for garbage collection any material which is
defined by the Town as recyclable, compostable, hazardous or non-collectible and
where it is found to be mixed it shall not be collected;
(b)
collectible garbage placed out for collection shall be set out in a receptacle only as
defined in this by-law;
(c)
effective January 18, 1999, a combination of not more than six (6) receptacles or
items shall be collected from any dwelling unit on the day of collection.
(d)
effective November 1, 1999, clause 4 (c) of this by-law shall be revoked and
substituted with:
"a combination of not more than four (4) receptacles or items shall be collected
from any dwelling unit on the day of collection".
RECYCLING COLLECTION
Every person required to use or making use of recycling collection service shall comply
with the following:
(a)
recyclable materials shall not be mixed with other non-recyclable or compostable
waste materials and where it is found to be mixed it shall not be collected;
(b)
where curbside blue box recycling collection is provided, recyclable materials
shall be separated at source and prepared for collection as defined by the Town;
(c)
where recycling collection is provided to multi-residential buildings the following
shall apply:
(i)
recyclable materials shall be source separated and placed into designated
recycling receptacles as defined by the Town;
(ii)
the owner of each multi-residential building shall designate and maintain
an area for the storage or placement of the receptacles, it being understood
that the storage area shall conform to the standards as specified by the
Town; and
(iii)
where it is found that the recyclable materials are not being recycled or are
not source separated as specified, the Director of Public Works may
terminate recycling and garbage collection services;
YARD WASTE COLLECTION
Every person required to use or making use of the yard waste collection service shall
comply with the following:
(a)
yard waste shall not be mixed with other non-compostable waste materials or with
any compostable waste material identified as non-collectible and where it is found
to be mixed it shall not be collected;
(b)
yard waste shall be source separated and set out in a receptacle only as defined in
this by-law; and
(c) branches, brush, limbs must be cut and securely tied into bundles.
GENERAL PROVISIONS
The provisions of this by-law shall not relieve any person from complying with the
provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, and the
regulations made thereunder as may be amended from time to time.
No person shall pick over, interfere with, disturb, remove or scatter any solid waste
placed out for collection other than the person who so placed it, his agent or
representative, or a waste handler employed by the Town or any of its agents,
representatives or contractors.
o
Notwithstanding anything else contained in this by-law, the Town may, under conditions
satisfactory to the Director of Public Works and the Cotmcil, provide a higher level of
service for solid waste collection, it being understood that an additional charge may be
levied for such service and this additional charge shall be as determined by the Director
of Public Works and approved by the Council.
10.
No person shall deposit or place out solid or non-collectable waste for collection on a
property not owned or occupied by that person.
11.
No person shall offer or give to any waste handler employed by the Town, and no waste
handler employed by the Town shall solicit, accept or receive any fee or gratuity, in
addition to his wages, for garbage handling services rendered to or to be rendered.
12.
PENALTIES
Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction thereof is liable to a fine of not more than $5,000, exclusive of costs,
which shall be recoverable under the provisions of the Provincial Offences Act and all the
provisions of the said Act shall apply to any prosecution for any offence under the
provisions of this by-law.
13.
SHORT TITLE
This by-law may be referred to as the Waste Management By-law.
14.
REPEAL OF EXISTING BY-LAWS
By-law 385/76, as amended, is hereby repealed.
15.
EFFECTIVE DATE
The provisions of this by-law shall come into force and take effect upon the final passing
thereof.
BY-LAW read a first, second and third time and finally passed this 7th day of December, 1998.
Wayne ArthUr
Bruce Taylor, Clerk