HomeMy WebLinkAboutKIN 92 031 Waste Management
THE CORPORATION OF THE TOWN OF KINCARDINE
.
BY-LAW
BY-LAW NO. 1992-31
A BY-LAW TO REGULATE THE COLLECTION AND DISPOSAL OF WASTE
AND TO ENCOURAGE WASTE REDUCTION, REUSE AND RECYCLING IN
THE TOWN OF KINCARDINE.
WHEREAS the
Kincardine
regulations
and ashes;
Council for The Corporation of the Town of
deems it desirable to consolidate all rules and
for the collection and disposal of garbage, refuse
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 "Ashes" shall mean and include wood, coke or coal ash,
cinders, clinkers, inert soil and sweepings.
1.2 "Box board" shall mean non-corrugated cardboard.
1.3 "Bundle" shall mean a number of pieces of material of
similar size and composition securely tied together.
1.4 "Cardboard" shall mean and include all material made from
corrugated paper, excluding previously recycled products
and specific imported cardboards.
1.5 "Commercial" shall mean anything pertaining to premises
occupied and used as a retail or wholesale outlet for
serv~ces or materials that are or intended to be offered
for sale to the general public.
1.6 "Container" shall mean a plastic garbage bag, a metal or
plastic garbage container wider at the top than the
bottom.
1.7
"Disposable
refuse and
materials.
solid waste" shall mean and include garbage,
ashes, but shall not include recyclable
.
1.8
"Domestic" shall refer to anything pertaining to premises
occupied and used solely as human habitation.
1.9 "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.
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By-law No. 1992-31
Page 2
1.10
"Enforcing officer" shall mean
enforcement officer appointed by
provisions of Town by-laws.
a municipal by-law
the Town to enforce the
.
1.11 "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.
1.12
"Garbage" shall mean and include all vegetable
matter subject to decay, whether it be
commercial or industrial waste.
and animal
household,
1.13
"Garbage
the use
cm by 91
bags" shall mean garbage bags manufactured
of garbage disposal having a minimum size of
cm.
for
66
1.14
"Garbage packer truck" shall mean
enclosed load-carrying receptacle and
compact the load.
a truck with
machinery used
an
to
1.15 "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.
1.16 "Highly combustible material" shall include: photo-
graphic film, celluloid, gasoline, oil or other flammable
liquid, or materials soaked with any of the same.
1.17 "Household hazardous waste" shall include: paints,
stains, varnish, urethanes, oils, herbicides, pesticides,
car batteries, pharmaceuticals, pool chemicals, gas
cylinders.
1.18
"Industrial" shall mean
wherein processing,
manufacturing is carried
anything pertaining to premises
assembly, preparation or
on.
1.19 "Night soil" shall mean any animal excrement (including
human) .
1.20 "Occupier" shall mean a person who is in physical
possession 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.
1.21 "Operating Authority" shall mean The Corporation of The
Town of Kincardine or its authorized representative.
.
1.22 "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. 23 "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.
1.24 "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.
By-law No. 1992
Page 3
1.25
"Scavenging" shall mean
reusable materials from
solid waste at the Site.
the unauthorized
in, around or among
removal of
disposable
.
1.26 "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.
1.27 "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.
1.28 "Town of Kincardine" shall mean The Corporation of The
Town of Kincardine, also referred to in this By-law as
the 'Town'.
1.29 "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.
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.
.
2.2 A collection service, to a maximum of three containers
per collection, of disposable solid waste for occupied
residential and commercial premises (except for food
serving establishments which are unable to provide proper
storeage facilities acceptable to the Bruce County Health
Unit) within the limits of the Town shall be provided on
the following basis:
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.
Collection shall not be made from industrial premises.
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.
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.
2.4
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By-law No. 1992-31
~ge4
Extra collections, where the same are required to
maintain sanitary conditions or collections for the
removal of material not otherwise to be collected by the
provisions of this By-law shall be contracted for by the
occupant of premises requiring the same and detailed
arrangements for the collection of same shall be made
with the works department. The charge for the collection
of additional containers shall be as set out in the
Town's Consolidated Fee By-law and shall be duly
published from time to time in the local newspapers. The
Town's treasurer shall render monthly accounts for extra
garbage pick up, pursuant to the prescribed rate and the
works department shall furnish to the treasurer the
details necessary to make up the said accounts.
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.
2.5
.
2.7 The works department shall not remove any manure, night
soil, springs, mattresses, furniture or building
materials from any prem~ses; nor any crates, wooden
boxes from any commercial premises except for 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.
RESPONSIBILITIES OF RESIDENTS AND COMMERCIAL
ESTABLISHMENTS
3.1 Garbage and disposable 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.
3.3
.
3.4
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.
any
to
for
day
Garbage may be placed in proper metal or
containers equipped with tightly fitted lids and
handles if all waste is first securely placed
plastic bags.
plastic
proper
inside
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By-law No. 1992-31
Page 5
3.5
Garbage chutes shall be considered proper receptacles,
provided that each garbage chute, when installed, is
inspected and approved by the BrUce-Grey-OWen Sound
Health unit. Owners of property upon which garbage
chutes have been installed shall provide reasonable
access to the same in order to facilitate collection.
Refuse must be placed in containers of sufficient
strength to permit handling by one person and containers
and contents must not exceed 11 kg in weight.
.
3.6
No person shall place garbage for pick-up
unless the same has been packaged or
accordance with this By-law.
by the Town
prepared in
3.7 Where it is deemed more convenient in the opinion of the
Town of Kincardine to make collection from the rear
of the premises, 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.
3.8 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
same by the Town;
3.9 In all commercial premises including restaurants, grocery
stores, fruit and vegetable stores, butcher shops,
refreshment stands, flour and feed stores or in any
premises where it is necessary to accumulate garbage in
large amounts, the same shall be placed in containers and
the contents shall be stored 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. There
shall be no pick up of cartons, wooden or fibre
containers, except under the provisions of section 2
above and then only if each container is not more than
0.34 cubic metres or not more than 11 kg.
3.10
No person
location
locations
By-law.
shall place any litter, refuse or waste in any
or manner within the Town other than in such
and at such times as are provided for in this
.
3.11 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.
3.12 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.
.../6
4.1
.
4.2
By-law No. 1992-31
Page 6
MANAGEMENT/OPERATION OF THE WASTE MANAGEMENT SITE
shall provide and designate such areas within
management site as it deems necessary and
for the deposition, temporary storage,
processing of all wastes regulated under
The Town
the waste
appropriate
handling and
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. No recyclable material from the "BLUE BOX" and
"Cardboard" Program, will be accepted, except for
site facilities provided for the collection of these
materials.
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.
4.4 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.
4.5 Dumping rates established by the Town under section 4.10
of this by-law shall be applicable to all persons
authorized to use the site.
4.6
4.7
No person shall dump disposable solid waste at
except disposable solid waste coming from
located within the Town of Kincardine, unless
authorized by the Town.
the Site
a source
otherwise
All waste
operating
follows:
deli vered
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.
4.8 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.
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By-law No. 1992-31
Page 7
4.9 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.
4.10 Disposal Fee Schedule
.
Fees for
determined
fees and
Town in an
the disposal of waste at the Site shall be
by the Town from time to time. Notice of
any changes thereto shall be published by
appropriate manner.
as
such
the
4.11 Hours of Operation
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.
GENERAL PROVISIONS
5.1 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
works department.
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.
5.6
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.
this
the
Act,
.
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By-law No. 1992-31
Page No. 8
5.7 By-law Number 1990-24 passed on the 5th day of April,
1990, be and the same is hereby repealed.
5.8 This by-law shall come into full force and effect upon
its final passage.
5.9
This by-law may be cited as the "Waste Management
By-law" .
READ a FIRST and SECOND time this 7th day of May, 1992.
READ a THIRD time and FINALLY PASSED this 4th day of June, 1992.
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i..u -
Deputy Clerk