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HomeMy WebLinkAboutKIN 93 020 Collect/Dispose Wste . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1993-20 A BY-LAW TO REGULATE THE COLLECTION AND DISPOSAL OF WASTE AND TO ENCOURAGE WASTE REDUCTION, REUSE AND RECYCLING IN THE TOWN OF KINCARDINE. Council for The Corporation of the Town of deems it desirable to consolidate all rules and for the collection and disposal of garbage, refuse WHEREAS the Kincardine regulations and ashes; AND WHEREAS the council for The Corporation of the Town of Kincardine desires to promote waste reduction, reuse and recycling; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: DEFINITIONS 1.1 "Ash Area" shall mean an area of the site designated by sign or otherwise and established for the purpose of disposing of ashes. 1.2 "Ashes" shall mean and include wood, coke or coal ash, cinders, clinkers, inert soil and sweepings. 1.3 "Bag Tag" shall mean a clearly identifiable tag used to indicate that a tipping fee has been paid and approved, by resolution, for sale by the Council of The Corporation of the Town of Kincardine. 1.4 "Box board" shall mean non-corrugated cardboard. 1.5 "Bundle" shall mean a number of pieces of material of similar size and composition securely tied together. 1.6 "Cardboard" shall mean and include all material made from corrugated paper, excluding previously recycled products and specific imported cardboards. 1.7 "Commercial" shall mean anything pertaining to premises occupied and used as a retail or wholesale outlet for services or materials that are or intended to be offered for sale to the general public. ../2 "container" shall mean a metal container wider at the top than at no greater than 78 litres. 1.10 "Construction Material" shall mean waste that is derived from construction processes and of sufficient size, volume or weight that would make it unsuitable for its disposal in garbage bags or containers. 1.8 1.9 . 1.11 Page 2 "compost Area" shall mean an area of the designated by sign or otherwise and established for purpose of composting leaf and yard waste. site the or plastic garbage the bottom, of a size "Disposable refuse and materials. solid waste" shall mean and include garbage, litter but shall not include recyclable 1.12 "Domestic" shall refer to anything pertaining to premises occupied and used solely as human habitation. 1.13 "Dumpster" shall mean a waste disposal bin, metal bin or container placed by the operating authority at or near the entrance to the site and marked by signs or otherwise as such. "Enforcing officer" shall mean enforcement officer appointed by provisions of Town by-laws. 1.15 "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. 1.14 1.16 1.17 1.18 a municipal by-law the Town to enforce the "Garbage" shall mean and include all vegetable matter subject to decay, whether it be commercial or industrial waste. and animal household, "Garbage the use cm by 97 bags" shall mean garbage bags manufactured of garbage disposal having a maximum size of cm. for 77 "Garbage packer truck" shall mean enclosed load-carrying receptacle and compact the load. a truck with machinery used an to 1.19 "Garbage collection schedule" shall mean a calendar published by the Town to give the owners and occupiers of premises notice as to the day upon which vehicles will call to pick up disposable waste and recyclable materials. 1.20 "Highly combustible material" shall include: photo- graphic film, celluloid, gasoline, oil or other flammable liquid, or materials soaked with any of the same. 1.21 "Household hazardous waste" shall include: paints, stains, varnish, urethanes, oils, herbicides, pesticides, car batteries, pharmaceuticals, pool chemicals, gas cylinders. . ../3 . . Page 3 1. 22 "Industrial Waste" shall mean waste derived from industrial processes and being of sufficient size volume or weight that would make it unsuitable for disposal using garbage bags or containers. 1. 23 "Night soil" shall mean any excrement (including human). 1.24 "Occupi7r" shall mean a person who is in physical possessl0n of premises or 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. 1.25 "Operating Authority" shall mean The corporation of The Town of Kincardine or its authorized representative. 1.26 "Owner" shall include the occupier of property and 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 agent 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 terms of the lease is required to repair and maintain the property in accordance with municipal by-laws. 1.27 "Premises" shall mean and include one self-contained dwelling unit, residential or commercial; and in cases where buildings are subdivided and in possession of two or more occupiers, each occupier shall be deemed to be an occupier of premises within the meaning of this By-law. 1.28 "Refuse" shall mean and include all waste materials such as broken crockery and glass, jars, bottles, bones, discarded wearing apparel and all kinds of refuse not subject to decay. 1.29 "Scavenging" shall mean reusable materials from solid waste at the Site. the unauthorized in, around or among removal of disposable 1.30 "Scrap metal area" shall mean the area in the site designated by signs or otherwise for the placement of metal, steel, iron, aluminum or other metallic materials. 1.31 "The Site" shall mean the Town Waste Management Site as described in Schedule "A" attached to this by-law, as amended from time to time. 1.32 "Tipping Fee" shall be a fee, as established in the Town's consolidated fee by-law, charged by the Town for the placement of disposable solid waste at the site. 1.33 "Town of Kincardine" shall mean The Corporation of The Town of Kincardine, also referred to in this By-law as the 'Town'. 1.34 "Wood area" shall mean the area in the site designated by signs or otherwise for the placement of wood, brush, tree branches or other wooden materials. ../4 Page ,4 RESPONSIBILITIES OF THE TOWN . 2.1 Where a property owner has entered into a site plan or other contractual agreement with the TOwn, that agreement shall take precedence over this By-law as it applies to the subject premises. A collection service for disposable solid waste for occupied residential and commercial premises within the limits of the Town shall be provided on the following basis: 2.2 a) Domestic premises - weekly b) Commercial premises - five times a week between the hours of 8:00 a.m. - 10:00 a.m. Monday to Friday. A schedule of collection shall give notice as to the day upon which vehicles will call to pick up disposable solid waste, said notice to be given by mail, delivery or publication by the Town. 2.3 Not included in the container number referred to herein is the recycling or "Blue Box" provided by the Town for recyclable materials, the cardboard recycling program and material placed for pick up during the special Spring and Fall clean up programs. 2.4 The works department of the Town shall provide a collection service once every month for recyclable cardboard for every occupied premises within the limits of the Town. A weekly cardboard collection will be provided to all commercial premises. A schedule shall give notice as to the day upon which the cardboard will be collected from occupied premises and commercial establishments. The cardboard will not need to be placed in a container as defined in Clause 1.6. necessary to make up the said accounts. . 2.5 All revenues collected from the sale of bag tags shall be used by the Town to assist in maintaining a system for the collection, removal and disposal of waste and to assist the Town in its initiatives to reduce, reuse and recycle all waste products. 2.6 When garbage collections cannot be made on the regular day as prescribed by the collection schedule, due to the incidence of holidays or for any other reason, the Town shall make all reasonable effort to notify affected residents by the publication of a suitable notice in a local newspaper. 2.7 The works department shall not remove any manure, night soil, springs, mattresses, furniture or construction materials, nor any crates, wooden boxes from any premises except for annually scheduled special pickups arranged by the Town. The owner or occupier will have to make special arrangements with private contractors for any pickups not provided for in this By-law. The works department shall not collect any tagged container or bag in excess of 11 kilograms. 2.8 ../5 . Page 5 RESPONSIBILITIES OF RESIDENTS AND COMMERCIAL ESTABLISHMENTS Garbage bags and containers: a) shall be kept on the premises that is the source of the waste being disposed of; and b) shall be placed for collection by the Town in the manner and location prescribed in this by-law between 9:00 p.m. of the evening prior to the day of collection and 8:00 a.m. on the day of the collection. Occupiers of premises shall utilize the services of the blue box program as provided by the Bruce Area Waste Recycling Association. Failure to do so shall result in garbage not being removed from the premises and it will be up to the occupier to dispose of the garbage in a manner conforming with this By-law. 3.2 All cardboard shall be collapsed, formed into a bundle and secured in a manner that facilitates manual handling. 3.1 3.3 Non-recyclable cardboard may be bundled and placed at the curb provided that a bag tag is visibly affixed to the bundle; such bundle shall not exceed .25 cubic metres in volume. No person shall allow empty garbage containers, or disposable solid waste not collected by the Town remain in the location specified in this By-law; pick up of such waste after 9:00 p.m. on the specified in this By-law for collection. 3.5 Garbage may be placed in containers equipped with tightly fitted lids and proper handles if all waste is first securely placed inside plastic or paper bags. The top bag shall have affixed to it a bag tag that is clearly visible when the lid of the container is removed. 3.4 any to for day 3.6 Each bag shall have affixed to it an approved Town of Kincardine garbage bag tag. 3.7 No person shall place garbage for pick-up by the Town unless the same has been packaged or prepared in accordance with this By-law. 3.8 . Owners of property, where it is deemed more convenient in the opinion of the Town of Kincardine to make collection from the rear of the premises, shall be notified that collections may be made by entering lanes or alleys. During winter months pathways must be maintained clear of snow and ice where necessary to permit convenient access to receptacles placed for collection. In the case of premises located in outlying districts of the Town situated on streets which may not be open for traffic during winter months, receptacles shall be placed by the occupier at the nearest practical point at the curb or on the boulevard of the nearest street which is open for traffic. 3.9 No person shall place disposable solid waste materials for collection in accordance with this By-law except during the time specified herein for collection of the :::~.:~_. _ 1 ~"_'l'::: ~~y-:t'~1 i ',". Page 6 3.10 In all commercial premises including restaurants, grocery stores, fruit and vegetable stores, butcher shops, refreshment stands, flour and feed stores or in a~y premises where it is necessary to accumulate garbage ln large amounts, the same shall be placed in a garbage room or bin so constructed that the same prevents the entrance of flies, rats or other vermin, and the said room or bin shall be maintained in a sanitary condition at all times. . 3.11 There shall be no pick up of cartons, wooden containers, except under the provisions of above and then only if each container is not 0.34 cubic metres or not more than 11 kg. or fibre section 2 more than 3.12 No person shall place highly combustible material in a garbage container for pick up by the Town in accordance with this By-law, either in a separated form or combined with other disposable solid waste materials. 3.13 No person shall place ashes in a garbage container for pick up by the Town in accordance with this By-law, either in a separated form or combined with other disposable solid waste materials. 3.14 No person shall pick over, interfere with, disturb, remove or scatter any disposable solid waste materials or any container therefore, placed for removal in accordance with this By-law, whether the same is contained in a garbage container or otherwise, unless the person is a representative of the Town authorized for garbage collection, or a person authorized by the owner or occupier to remove the garbage of the said owner or occupier. 3.15 No person shall remove a bag tag from a bag of refuse belonging to another. 3.16 No person shall copy, counterfeit or in any other way attempt to replicate the Town of Kincardine bag tag. 3.17 Every person shall place waste for disposal on the road allowance directly adjacent to their own property. 3.18 No person shall knowingly spill, scatter, deposit, throw, cast, lay or cause to be thrown any waste on any street, lane, alley, laneway, public or private way, or in any public square, place or private lot. MANAGEMENT/OPERATION OF THE WASTE MANAGEMENT SITE . 4.1 The Town shall provide and designate such areas within the waste management site as it deems necessary and appropriate for the deposition, temporary storage, handling and processing of all wastes regulated under this by-law. All disposable solid waste collected by the works department or by any citizen or private contractors within the limits of the Town shall be deposited at the site. Recyclable material from the "BLUE BOX" and "Cardboard Program", will be accepted only at the facilities provided for the collection of these materials. 4.2 ../7 . Page 7 4.3 The Site shall be under the supervision of the manager of public works or other authorized Town official. An adequate staff shall be maintained by the manager of public works to supervise the dumping of disposable solid waste and to cover the same with earth following the sanitary fill method of disposal. No person shall place disposable solid waste at the site as specified on Schedule "An attached to this By-law except during the hours of operation. 4.4 4.5 No person shall deposit disposable solid waste Site coming from a source located outside the Kincardine. at Town the of 4.6 All waste operating follows: delivered authority to the site as authorized shall be placed in the by Site the as a) Disposable solid waste in the designated fill area or bin; b) Wooden products in the area designated for wood; c) Metal products in the designated scrap metal area; d) Tire products in the designated tire area; e) Propane and other compressed gas containers in the designated area; f) Auto products in the designated auto area; g) Compostable materials in the composting area; h) Household hazardous wastes in the household hazardous waste area; i) Cardboard in the area for cardboard. j) Ashes in the area for ashes. 4.7 Enclosed Vehicles No person shall enter the Site hauling disposable solid waste in a truck or trailer unless the load is completely enclosed or equipped with a suitable covering or otherwise secured to prevent any of the load from leaving the vehicle prior to dumping in the permitted area. 4.8 Unauthorized Persons No person shall enter the Site for any purpose other than depositing disposable solid waste in permitted areas without the prior approval of the operating authority. 4.9 DisDosal Fee Schedule Fees for the disposal of waste at the site shall be as established in the Town's consolidated fee by-law. Notice of such fees and any changes thereto shall be published by the Town in an appropriate manner, and shall be applicable to all persons authorized to use the site. 4.10 Hours of ODeration . No person shall deposit refuse, garbage, trade and industrial waste and building materials in the site other than on those days and during those times as may be established by the Town from time to time. Notice of such dates and times and any changes thereto shall be published by the Town in an appropriate manner. ../8 " page B . GENERAL PROVISIONS Employees of the works department engaged in garbage collection shall be provided with suitable tools and shall gather up and remove any of the contents of the receptacles which may be spilled in handling. The said employees shall replace them as nearly as possible in the same location in which they were placed by occupiers and/or owners of premises for pick-up purposes. 5.2 In cases where the occupier and/or owner of any premises is physically incapacitated to such an extent that the occupier and/or owner is unable to comply with the regulations, special arrangements may be made with the manager of pUblic works. 5.1 5.3 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. 5.4 This By-law shall be enforced by enforcing officers as defined herein. For the purposes of enforcing the provisions of this By-law, enforcing officers may inspect garbage placed on public property. Every person who contravenes any provisions of by-law is guilty of an offence and is subject to penalties as prescribed in the Provincial offences R.S.O. 1990, Chapter P.33. 5.6 By-law Number 1992-31 passed on the 4th day of June, 1992, be and the same is hereby repealed. this the Act, 5.5 5.7 This by-law shall come into full force and effect upon its final passage. 5.B This by-law may be cited as the "Waste Management By-law" . READ a FIRST and SECOND time this Bth day of April, 1993. READ a THIRD time and FINALLY PASSED this 22nd day of April, 1993. J;?/~ .... M~~ ~ /;/ May /~~ ~/' .