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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. . ../2 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 .. ./4 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 .../5 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. .. ./7 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, . .. ./8 . . 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. ¿Ø~~ ------ i..u - Deputy Clerk