HomeMy WebLinkAboutKIN 93 020 Collect/Dispose Wste
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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.
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"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
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1.11
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"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.
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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.
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RESPONSIBILITIES OF THE TOWN
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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page B
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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.
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