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HomeMy WebLinkAboutBy-law No. 2012-029 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2012-029 A By-Law for the provision of Waste Collection and Recycling in the Municipality of Bayham WHEREAS the Council of the Municipality of Bayham deems is necessary and expedient to establish regulations respecting Waste Collection and Recycling in the Municipality; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: Article 1 CITATION 1.1 This By-law may be cited as the "Waste Collection and Recycling By-law". Article 2 INTERPRETATION 2.1 By-law Enforcement Officer- defined "By-law Enforcement Officer" means a person who may from time to time be appointed by the Council of the Corporation as a By-law Enforcement Officer. 2.2 Manager- defined "Manager" means the person who may from time to time be appointed by the Council of the Corporation to the position of Manager of Public Works. 2.3 Blue Box - defined "blue box" means the container or other device supplied by the Municipality for the collection of recyclable waste. 2.4 Bayham Garbage Tag- defined "Bayham Garbage Tag"means the self-adhesive tag provided by the Municipality to be affixed to non-recyclable garbage set out for collection. 2.5 Construction Debris - defined "construction debris"means discarded material resulting from the erection, repair, demolition or improvement of buildings, structures or property(including land). 1 2.6 Container- defined "container"means, 2.6.1 a galvanized metal or plastic container with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) being larger at the top than at the bottom and having a handle and fitted lid, such containers shall weigh no more than 18 kilograms (40 pounds) and must be kept in good repair and a sanitary condition; or 2.6.2 a polyethylene plastic bag with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) of 1.4 gauge thickness fastened at the top and weighing no more thanl 8 kilograms (40 pounds); or 2.6.3 any other receptacle as approved by the Municipality. 2.7 Farming Business—defined "farming business" means a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993 that is located within the geographic limits of the Municipality of Bayham. 2.8 Hazardous Materials- defined "hazardous materials"includes, but not be limited to,the following: Antifreeze Motor Oil Auto Batteries Nail Polish Degreasers Oven Cleaner Disinfectants Paints Drain Cleaner Pesticides Drycell Batteries Pharmaceutical Flea Powder Propane Tanks Floor Wax Septic Tank Cleaners Herbicides Solvents Metal Polish Wood Preservatives 2.9 Major Appliances—Large Household Furnishings—defined "major appliances and large household furnishings" means all large or bulky household mechanisms and/or other articles usually used within a residence and for residential purposes, including but not necessarily limited to refrigerators, stoves, washers, dryers, chairs, sofas, tables, beds, and carpeting. 2.10 Municipality- defined "Municipality"means The Corporation of the Municipality of Bayham. 2.11 Non-collectable Waste—defined "non-collectable waste"means the following: (a) manufactured or industrial waste; 2 (b) any explosive, hazardous or highly combustible material of any nature whatsoever, including ashes; (c) construction debris; (d) sawdust and/or shavings; (e) liquid waste; (f) hay, straw and manure; (g) carcass of any animal; (h) major appliances and/or large household furnishings; (i) any material which has become frozen to the container and cannot be removed by shaking; (j) discarded tires; (k) any appliance that contains or operates on Freon gas; and (1) Hazardous Materials. 2.12 Non-recyclable Garbage- defined "non-recyclable garbage" means all garbage and other refuse except non- collectable waste and recyclable waste. 2.13 Place of business- defined "place of business" means a property assessed for commercial property taxes on the Assessment Roll. 2.14 Recyclable Waste- defined "recyclable waste" means such items as the Manager identifies from time to time as being suitable for collection for recycling purposes. 2.15 Residential Unit- defined "residential unit" means one or more habitable rooms assessed for residential property taxes on the Assessment Roll and occupied or designed to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such persons or persons. 2.16 Waste—defined "waste"means non-recyclable garbage and recyclable waste. Article 3 GENERAL PROVISIONS 3.1 Application—all owners—occupants The provisions of the By-law apply to the owners and occupants of all residential, commercial and institutional lands uses within the Municipality. 3 3.2 Holiday Pickup--direction of Manager The Municipality,under the direction of the Manager shall, if a holiday or holidays occur in any week of regular collection,reserve the right to collect non- recyclable garbage and recyclable waste at the Municipality's convenience. 3.3 Collection—separation of waste Non-recyclable garbage and recyclable waste components shall be separated and set out for collection in accordance with the provisions of this By-law. 3.4 Enforcement—By-law Enforcement Officer- representative It shall be the duty of the By-law Enforcement Officer to enforce the provisions of this By-law. Article 4 COLLECTION OF WASTE 4.1 Weekly pickup—as published—non-recyclables Collection of non-recyclable garbage will be made weekly on the day or days of the week designated by the Manager. 4.2 Weekly pickup—as published—recyclables Collection of recyclable waste will be made weekly on the day or days of the week designated by the Manager. 4.3 Waste separate—recyclables—other—set out All recyclable waste shall be separate from non-recyclable garbage and placed in or beside the blue box in accordance with the procedures established by the Manager. 4.4 Collections—non-collectable waste—prohibited The Municipality shall not collect non-collectable waste as defined in this By-law from any residential unit or place of business within the Municipality. 4.5 Garbage—placed in proper container The Municipality shall not collect any non-recyclable garbage from any residential unit or place of business within the Municipality unless such garbage is placed in a container meeting the requirements of this By-law. 4.6 Collection—waste generated in Municipality—only No person other than a resident of the Municipality or a person who operates a place of business or a farming business within the Municipality, or their agents, shall set out waste for collection. Waste set out for collection shall not include waste from residential units, places of business or farming businesses not within the Municipality. 4 4.7 Waste—set out—from property generated No person shall set out waste for collection except at the residential unit or the place of business at which the waste is generated, unless mutually agreed to between abutting property owners. 4.8 Non-recyclable garbage - collection Non-recyclable garbage over and above the quantity specified in Section 5.2 may be removed and disposed of, at the discretion of the Manager, at a charge based on time tnd material, payable in advance. 4.9 Container—location—type—multiple residential The location and type of container for collection of non-recyclable and recyclable waste for apartment buildings, row houses and multiple unit houses will be subject to the approval of the Manager or his/her appointee. 4.10 Garbage storage structures- requirements All special structures or buildings provided for the storage of containers and blue boxes shall at all times be maintained in a clean and sanitary condition preventing entry by rodents and insects, and constructed for easy access by the Municipality. Article 5 COLLECTION- PROCEDURE 5.1 Recyclable—waste-placement Where non-recyclable garbage and recyclable waste is set out for collection on the same day, containers of non-recyclable garbage shall be placed together but set apart from the recyclable waste. Recyclable waste may be set out with the blue box. 5.2 Waste—set out for collection All waste that is set out for collection by the Municipality shall be placed at the curb or on the boulevard of a public street in front of or adjacent to the residential unit on the side of the public street designated by the Manager. The Manager may designate alternate locations for placement to meet collection needs. All waste set out for collection shall have affixed, a Bayham Garbage Tag, as required by Section 6 of this by-law. 5.3 Recyclable waste—no limit There is no Iimit on the quantity of recyclable waste which may be set out for collection at one time except from a place of business where the amount of any type or types of recyclable waste to be collected may be limited by the Municipality from time to time. 5.4 Deadline for deposit at curb Waste set out for collection shall be placed at or near the applicable curb or boulevard before 7:00 a.m. of the day on which collection of that waste is 5 scheduled, provided that, at all times, such waste shall not be set out for collection prior to sundown of the previous day. 5.5 Waste- separated Waste which is set out for collection shall be separated into recyclable and non- recyclable categories. The Manager or his designate have sole discretion to determine if such waste is not to be collected. 5.6 Waste—not removed—owner responsibility Any waste, which the Municipality declines to collect, shall be removed by the owner or occupant of the residential unit or place of business by or on whose behalf the waste was placed for collection before the end of the calendar day on which the collection was scheduled. Such uncollected waste shall be disposed of privately or may be properly separated and prepared in accordance with this By- law and set out again for collection on another scheduled day. 5.7 Yard waste collection—special times-requirements By notice to the public from time to time, the Municipality may designate days and times for the collection of leaves, tree limbs and brush or supply times and locations of drop-offs. Brush and tree limbs shall be compacted and tied in bundles not more than 0.9 metre (3 feet) in length or placed in an enclosed container. Leaves shall be placed for collection in accordance with the procedures established by the Manager. In no instance shall a bundle or container weigh more than 18 kilograms (40 pounds). 5.8 Household hazardous waste days - designated The Municipality may designate household hazardous waste days and locations, approved by the Ministry of Environment as may be required, to accept household hazardous materials. 5.9 Major appliances—collection- designated By notice to the public from time to time, the Municipality may designate days and times for the collection or supply times and locations of drop-offs of major appliances and large household furnishings as defined by this By-law and/or other non-recyclable garbage. 5.10 Freon removal—owner responsibility Any appliance containing or operating on Freon gas will not be collected at any time unless proof can be provided to the Municipality that the Freon has been removed by a licensed contractor. 5.11 Salvage-interference with garbage No person shall pick over, interfere with, disturb, remove or scatter any containers of waste which have been set out for collection, provided that, by notice to the public from time to time, the Municipality may designate certain days for the 6 salvaging of major appliances, large household furnishings and/or any other items that may be specified by the Municipality. Article 6 REQUIREMENTS FOR BAYHAM GARBAGE TAGS 6.1 Use of Garbage Tag (a) No person shall set out for collection any plastic bag, as referred to within the definition of"container" pursuant to this By-law, of non-recyclable garbage unless: (i) it has a"Bayham Garbage Tag" affixed to its exterior; and (ii) the "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor. (b) No person shall set out for collection a container of non-recyclable garbage, save and except with a plastic bag as referred to in Section 6.1(a) above, unless: (i) it has a "Bayham Garbage Tag" affixed to the top item inside the receptacle; and (ii) the "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor upon removal of the receptacle's lid. 6.2 Fees The fee for a "Bayham Garbage Tag" shall be as set out in Schedule "A" of this by-law. The payment of such fee shall be made to the Municipality or its authorized agents. 6.3 Collection of Untagged Non-Recyclable Garbage (a) Any non-recyclable garbage not exhibiting a "Bayham Garbage Tag" as reflected in Section 6.1 above shall not be collected by the contractor retained by the Municipality to do so. Any such non-recyclable garbage set out for collection but not meeting the requirements of Section 6.1 above may otherwise be collected by the Municipality. The person who directly or by means of an agent set out such non-recyclable garbage for collection without meeting the requirements of Section 6.1 above shall be liable for the total expenses incurred by the Municipality for removal of such non-recyclable garbage at a rate set by the Municipality and as revised from time to time plus any applicable interest or penalties. Payment of such expenses shall be made within thirty days after receipt of an invoice indicating the total expenses incurred by the Municipality. (b) In the event that the person liable to the Municipality for the total expense of collection of such non-recyclable garbage owns lands within the 7 Municipality, any unpaid invoices rendered for the removal of such non- recyclable garbage shall be added to the tax roll for the lands owned by such person within the Municipality and thereafter collected in like manner as municipal taxes. (c) In the case of a condominium corporation, the condominium corporation shall remain liable to the Municipality for any costs incurred by the Municipality at a rate set by the Municipality as revised from time to time in collecting non-recyclable garbage without the appropriate "Bayham Garbage Tag" from or adjoining the premises of the condominium corporation regardless of whether such untagged non-recyclable garbage can be attributed to the condominium corporation, an owner or tenant of a condominium unit, or any other person. All invoices shall be payable within 30 days after receipt. Invoices that remain unpaid for such non- recyclable garbage shall be added to the tax roll of the condominium corporation and be collected in like manner as municipal taxes. (d) In the case of multi-residential, institutional or commercial properties the owner of such property shall remain liable to the Municipality for any costs incurred by the Municipality at a rate set by the Municipality as revised from time to time in collecting non-recyclable garbage without the appropriate "Bayham Garbage Tag" from or adjoining the premises of such property regardless of whether such untagged non-recyclable garbage can be attributed to such multi-residential, institutional or commercial property, an owner, tenant of such property or any other person. All invoices shall be payable within 30 days after receipt. Invoices that remain unpaid for such non-recyclable garbage shall be added to the tax roll of such property and collected in like manner as municipal taxes. Article 7 ENFORCEMENT 7.1 Fine—for contravention Every person who contravenes any of the provisions of this By-law is guilty of an offence and shall upon conviction thereof is liable to a fine as provided in the Provincial Offences Act. Article 8 SEVERABILITY 8.1 Validity If any provision of this By-law is declared invalid for any reason by a Court of competent jurisdiction, it is intended that such a provision shall be severed from the By-law and that the remainder of the By-law shall continue in full force and effect. 8 Article 9 REPEAL 9.1 Repeal of By-law Any by-law inconsistent with this By-law is hereby repealed. Article 10 ENACTMENT 10.1 Effective date This By-law shall come into full force and take effect on June 1, 2012. - 7 - READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF MARCH,2012. 4e)e • f IL Clerk <yor 9 By-law No.2012-029 Schedule "A" 1. The Municipality shall provide: a) Each Residential Unit with 90 "Bayham Garbage Tags" for the year 2012 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. b) Each Place of Business with 120 "Bayham Garbage Tags" for the year 2012 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. c) Each Farming Business with 45 `Bayham Garbage Tags" for the year 2012 at no charge to the Fanning Business upon the Fanning Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. 10