THE CORPORATION OF THE TOWN OF KIRKLAND LAKE. By-law Being a By-law to Regulate Waste Management in the Town of Kirkland Lake

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1 1 THE CORPORATION OF THE TOWN OF KIRKLAND LAKE By-law Being a By-law to Regulate Waste Management in the Town of Kirkland Lake BEING A BY-LAW to repeal By-Law No and regulate the storage, handling, collection and disposal of garbage, recyclables and refuse in the Town of Kirkland Lake; WHEREAS Section 10 (1) of the Municipal Act provides the a single-tier municipality may provide any service or thing the municipality considers necessary or desirable for the public; AND WHEREAS the Council of the Corporation of the Town of Kirkland Lake deems it desirable to establish and maintain a system for the regulation, collection, removal, and disposal of garbage recyclables and other refuse within the Town of Kirkland Lake; NOW THEREFORE the Council of the Corporation of the Town of Kirkland Lake enacts as follows: 1. DEFINITIONS For the purposes of this By-Law, the following terms, phrases, words shall have the meaning given herein; Approved Automated Collection Container means a container issued by the Corporation of the Town of Kirkland Lake as approved by the Chief Administrative Officer or designate to be utilized by residents where automated collection services are provided for waste and recycling. Herein referred to as Cart(s). Approved Manual Collection Container means a waste shed and/or commercial waste shed approved by the Chief Administrative Officer or designate. This shall include non-automated garbage or recycling container issued by the Corporation of the Town of Kirkland Lake. Ashes shall mean the residual of any household fuel after such fuel has been consumed by fire which would normally accumulate at a dwelling and shall include material obtained from the cleaning of chimneys. Automated Collection means a system of collection utilizing a vehicle designed to mechanically lift and tip containers thereby collecting refuse left roadside in Approved Automated Collection Containers. Bans means the refusal of certain materials for disposal at the landfill site.

2 2 Carts see Approved Automated Collection Container. CAO shall refer to the Chief Administrative Officer of the Town of Kirkland Lake. Commercial Building means any building with a commercial business within, unless otherwise specifically exempted from this By-law and/or the contract. Commercial and Trade Waste shall mean garbage, ashes, and refuse which would normally accumulate in a shop, store, restaurant, hotel, office building, public institution, and any other place of business but shall not include weighty or bulky articles such as automotive parts, tires, stoves, furniture, bedsprings, mattresses, large boxes exceeding 1 metre in dimension, barrels, earth, stones, water or fuel tanks, wastes from demolished buildings or construction projects. Commercial Waste Shed shall mean a storage shed, building or part of a building intended for the bulk disposal of garbage, refuse and waste. Curbside means outside of private property boundaries and within the road allowance and as close to the road way without creating a hazard or obstruction. Dwelling means a place of residence with its own sleeping, cooking, eating and sanitary facilities for persons, and includes single family dwelling, apartment building, tenement or other multiple dwelling. E.C.A. means Environmental Compliance Approval. Garbage means waste material resulting from the operation and maintenance of a household, may include but not limited to waste food or any putrescible organic matter resulting from the preparation, cooking or consumption of edible food excluding night soil. High Density Residential shall mean any property with five (5) or more dwelling units. Household Refuse as determined by the CAO, means and includes rubbish, floor sweepings, discarded wearing apparel, waste paper, cartons and boxes not exceeding 1 metre in dimension, broken crockery or glassware, bottles, cans, accessory or other packing materials, grass clippings, garden wastes, and other such waste articles or materials that would normally accumulate in a dwelling but such shall not include weighty or bulky articles such as stoves, furnaces, bedsprings, mattresses, furniture, large boxes, barrels, and water and fuel tanks. Landfill Site shall mean the Town of Kirkland Lake landfill located within Mining Claims L29981 and L31385 in Lebel Township. Manual Waste Collection means a system of collection whereby refuse is collected in a traditional, non-automated fashion. Notice of Disruption shall mean a communication from the collection contractor and/or the Town s Waste Management Division which will include instructions for waste collection activities depending on circumstances.

3 3 Owner means any person(s), for the time being, managing or receiving the rent of, or paying the municipal taxes on the land or premises, in connection with which the word is used, whether on their own account or as agent, trustee, or any other person who would so receive the rent if such land and premises were let, and shall also include lessee, tenant or occupant of the property who under the terms of the lease or other rental agreement is responsible for duties which may be related to provisions of this by-law. Recyclable Materials shall mean newsprint, metal food and beverage containers, PET plastic bottles, cardboard, box board, magazines, office paper, computer printout paper, catalogues, phone books, and such materials as may be designated by the Town from time to time. See Schedule A. Road shall mean any public highway, street, lane, alley, square, place, thoroughfare, or a way within the Town of Kirkland Lake. Scavenge means to search out at a landfill site, disposal site or any roadside, for valuable, usable, redeemable items or recyclable materials. Tenant shall mean one who rents land, buildings or dwellings from others. Tipping Fees shall mean the prescribed fee to dispose of all approved waste, refuse and garbage, as outline under the Town of Kirkland Lake s User Fee By-law. Town shall mean the Corporation of the Town of Kirkland Lake. Unacceptable Landfill Waste shall mean any waste or matter that is not acceptable at the landfill site. See Schedule B. Uncollectable Waste shall mean any waste or matter which shall not be collected by the Town or its agents on regularly scheduled waste collection, as outlined in Schedule C. User Fee By-Law shall mean Town of Kirkland Lake s User Fee By-law, including all amendments and successors thereto. Waste shall include ashes, garbage, household refuse and commercial and trade waste. 2. ADMINISTRATION 1. It shall be the duty of the CAO or designate to administer and enforce the provisions of this By-Law. 2. Waste and recycling shall be collected by the Town or its agent(s) from each dwelling, building, or premises entitled to such services, in accordance with the provisions of this By-law. 3. Dwellings, high density residential and commercial buildings eligible for automated collection will be assigned automated collection carts. Allocation of carts is to be distributed as per Schedule D. 4. All approved waste shall be placed in the landfill site in accordance to the E.C.A. and subject to tipping fees, unless otherwise specified. The Town shall be responsible for establishing tipping fees for the disposal of waste at the municipal landfill site on an annual basis, as per the User Fee By-law.

4 4 5. Subject to approval from the CAO, or designate, some material may be approved to be used as fill in a designated area. 6. No person shall throw or deposit, or cause to be thrown or deposit, garbage, refuse, ashes, commercial or trade waste, uncollectable waste or demolished buildings on any public and/or private property. 7. The Town shall be responsible for the designation of material bans from disposal at the municipal landfill site as defined by Schedule B. 8. All waste shall be bagged and placed in the automated collection container, commercial container and/or waste sheds that are designated for waste. 9. All recyclables shall be place loosely and un-bagged in the automated or approved manual collection container that is designated for recycling. 10. Schedules to this By-law may be reviewed and amended from time to time by the CAO or designate. 3. WASTE TO BE REMOVED 1. Every household or person responsible for any dwelling, apartment building or commercial building or part thereof shall deposit for removal or cause to be removed all garbage from the premises at least once in the collection period, except if a collection cannot be made by the Town or its agents for any reason. 4. PREPARATION OF COMMERCIAL AND TRADE WASTE, GARBAGE AND REFUSE FOR COLLECTION 1. Garbage and trade waste shall be drained of all liquid and shall be securely wrapped and placed in receptacles conforming to this By-law. 2. No bundle, bag or container shall weigh more than 18 Kilograms or have a dimension greater than 1 metre and shall be securely tied or fastened. 3. All refuse is to be placed in a proper receptacle as required in this By-law; however the refuse may be placed for collection in cardboard boxes when such boxes are fitted with tops and securely fastened to prevent spilling or scattering of materials contained therein and also, the use of a cardboard container shall be permitted only when they are used to supplement the use of and within approved containers as required by this By-law. 4. Must comply with all applicable Provincial Laws and Regulations related to waste disposal in Ontario and The Occupational Health and Safety Act (O.H.S.A). 5. STORAGE OF WASTE 1. No garbage or refuse, including ashes shall be kept, or be permitted to be kept, or placed on any property by the occupant thereof, in a location which may cause a public nuisance to an adjoining property owner. 2. All approved commercial waste sheds where waste is to be collected shall be constructed to prevent the infiltration of vermin, vector or other animals, maintained in sanitary condition, good repair and screened from adjacent properties or from becoming a visual nuisance. The property owner shall ensure that the garbage or refuse is not strewn about the interior by animals or by other means. 3. Waste and/or recycling shall not be stored on sidewalks. 4. Where any commercial building provides a design constructed and maintained road system approved by the Town and the waste material can be collected in an approved manner on private property, the Town will cause the waste to be removed from an exterior ground level waste storage area located on, or at the edge of the roadway system, turnaround or access to the public highway.

5 5 5. The storage of cart(s) for high density residential shall be placed in an approved location on the owner s property. 6. COLLECTION AND REMOVAL OF WASTE AND RECYCLING 1. Waste and recycling materials set out for collection in both approved automated and approved manual collection containers shall not be placed at the required location for collection prior to 6:00 PM in the afternoon of the day preceding the collection unless otherwise directed. 2. Loose plastic bags of any sort will not be collected unless approved by the Town. 3. Waste and or recycling carts set out for collection shall be placed as close as possible to the edge or curb of the travelled street without obstructing the street, sidewalk or pathway or interfere with street maintenance. 4. Waste and Recycling may be placed in laneways if specifically allowed by the Town for collection. 5. Waste material may not be placed on Government Road from Main Street to Burnside Drive except between the hours of 6:00 A.M. to 9:00 A.M. on the day of collection. 6. Empty carts and all materials which were considered uncollectable by the Town or its agent(s) shall be removed from the curbside by the person responsible for the waste prior to 9:00 PM in the afternoon on the same day the garbage and/or recycling is collected or the material is refused. 7. The time for collection will be determined by the contract governing waste and recycling collection in the Town of Kirkland Lake. 8. All approved cart(s) shall be placed curbside and not within private property unless approved by the CAO or designate. 9. On collection day, the person responsible shall ensure waste is placed at the curbside, provide clear and unobstructed path or access to the carts and ensure sufficient spacing between other carts and/or obstructions. In the case of manual collection and approved commercial waste sheds, the pathway to retrieve waste shall be sufficiently wide enough to permit collection of waste and/or recyclable material to be carried to the point of pickup, as per Schedule E. 10. Where for any reason, collection of waste and recycling cannot be made from the location specified as per this By-law, items to be collected shall be placed at a location designated by the CAO or designate. 11. Where a notice of disruption has been communicated by the Town of Kirkland Lake, residents shall follow the instructions that are laid out within such notice. 12. Uncollectable waste shall be removed by the owner at their own expense. 7. SPECIAL PROGRAMS 1. Council may approve, as determined from time to time, to collect uncollectable materials from any residential building in the Municipality, but shall collect only materials the CAO or designate deems advisable. 2. Traditionally, special programs include, but are not limited, to the following: a. Bulky curbside collection for Spring Clean-up; b. Landfill Free Tipping; and c. Material Hazardous and Special Waste Drop-Offs.

6 6 8. PERSONS TO REMOVE WASTE 1. The registered owner of every property, including high density residential, shall ensure that waste material for collection is placed at the approved location for collection and is responsible for every other requirement of this By-law. 9. SCAVENGING 1. No person shall scavenge, interfere with, pick over, disturb, remove or scatter any material set out for collection or held at the landfill site. 10. OBSTRUCTION 1. No person shall obstruct any street, or other public place by placing thereon any building materials, commercial or trade waste, waste/recycling carts, refuse or any sort of other encumbrances other than provided by this By-law. 11. TRANSPORTATION AND DISPOSAL OF WASTE TO LANDFILL SITE 1. No person shall remove or convey, or permit to be removed or convey, any garbage, refuse or waste material upon, or along, any public street or any other public place within the Town except in vehicles: a. with properly covered, leak-proof containers; or b. properly covered with tarpaulins or canvasses that are fastened down around the edges, as to prevent any of the contents from falling therein. 2. All transportation of approved contaminated waste (i.e. soils) shall be transported in accordance with Ministry of Environment, Conservation and Parks (MOECC) guidelines and regulations, or any of its successors. 3. Nothing in this By-law shall be construed as prohibiting any person as from removing or cause to be removed any garbage, refuse or other wastes whether collectable or uncollectable to the landfill site in accordance with the E.C.A. 12. STORAGE OF UNCOLLECTABLE WASTE 1. Where uncollectable waste is stored for removal by the owner, the type of structure and the location of storage is subject to approval by the CAO or as per the Site Plan Control Agreement registered on title. Storage of uncollectable waste shall be in compliance with all other applicable laws, including but not limited to the Town of Kirkland Lake s Community Standards By-law THE CHIEF ADMINISTRATIVE OFFICER OR DESIGNATE 1. The CAO or designate will make such decisions as are necessary with respect to: a) The quantities and class of materials to be removed or recycled; b) Receptacles for garbage, refuse and waste other than those contained in this Bylaw; c) Definition of various materials, including recyclables; d) The location for replacing of waste materials for collection; e) Uncollectable waste materials; f) The location, type, method of construction, design of waste storage buildings/sheds; g) The location of waste material whether collectable or uncollectable on private property; h) Whether or not containers and preparation of waste materials meet the requirements of this By-law;

7 7 i) The segregation of waste at the landfill site; j) The implementation of selected bans at the landfill site; k) The implementation of tipping fees; l) The periods for collection; m) Any other questions or matters arising out of this by-law. 13. ENFORCEMENT AND PENALTIES 1. This By-law is to be enforced by the Town of Kirkland Lake s By-law Enforcement Officer, or designate. 2. The By-law Enforcement Officer or designate, within any reasonable hours, may inspect waste containers or storage areas on private property and any refusal of any property owner to allow inspection shall cause the Town to remove municipal collection services. 3. Every person who, a) Does anything which is prohibited by this By-law; b) Fails to comply with any order or direction given by a By-law Enforcement Officer or the CAO or designate pursuant to this By-law; c) Otherwise contravenes any provision of this By-law; is guilty of an offence and upon conviction is liable to pay a penalty recoverable under the provisions of the Provincial Offences Act. 4. Any person who deposits any waste at the Landfill Site contrary to this By-law, may, in addition to any other penalties which may apply, be suspended from further access to the Landfill Site for any purposes by the CAO by written notice setting out the grounds for the suspension. 5. Every person who contravenes any of the provisions of this By-law is guilty of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not more than Five Thousand ($5,000.00) Dollars, exclusive of costs and such fine is recoverable under the Provincial Offences Act. 14. COME INTO FORCE 1. This By-law shall come into force and take effect on February 19, REPEAL 1. By-law No and all amending By-laws are hereby repealed. READ FIRST, SECOND AND THIRD TIME AT COUNCIL ON THIS DAY OF February 19, Mayor Clerk

8 8 Summary of Schedules Schedule A : Schedule B : Schedule C : Schedule D : Schedule E : Designated Recyclable Materials Unacceptable Landfill Waste Uncollectable Waste Allocation of Carts Location of Carts

9 SCHEDULE A Designated Recyclable Materials The following table outlines the list of recyclables to be accepted at the curbside. Additionally, the Town holds the right to expand and promote recyclables to focus on decreasing waste accepted at the Landfill Site. - Old newspapers (ONP) - Old magazines (OMG) - Old corrugated containers (OCC) - Old Boxboard (OBB) - Residential mixed paper (RMP) - Old telephone directories (OTD) - Ferrous cans - Aluminium cans - All PET plastic containers marked with numbers 1 through to and including 7 - Aseptic food containers - Aerosol Cans - Glass bottles and jars The following is permitted to be dropped off at the Kirkland Lake Landfill site for further recovery/recycling processes: - Tires; - Electronics; and - Freon containing appliances.

10 SCHEDULE B Prohibited and Permitted Items to be disposed of at the Kirkland Lake Landfill Site The following are prohibited to be disposed of in the Kirkland Lake Landfill site and not be accepted: - Liquids; - Batteries; - Hazardous materials; - Oils of any type; - Biomedical wastes; - Radioactive materials; and - Paints of any type. The following is permitted to be disposed of in the Kirkland Lake Landfill site: - Solid non-hazardous waste

11 SCHEDULE C Materials not to be collected at curbside by the Contractor The Contractor is not required to remove the following unless otherwise specified or determined by the Town: Industrial waste; Manufacturing waste; Loose bags from residential dwellings; Garbage waste resulting from auto-truck maintenance; Any condemned or abandoned or rejected by-product or stock of any wholesale or retail establishment; Moving picture films; Celluloid cuttings; Rags soaked with gasoline or oil or other highly inflammable or explosive wastes; Any liquid whether in a container or not; Swill or organic matter not properly drained or wrapped; Night soil (means human excrement collected at from buckets, cesspools, porta potties and outhouses); Carcass of any animal; Live animals or birds; Stock of any wholesaler which shall be regarded as manufactured waste; Discarded truck or automobile tires, automotive parts, automobiles and trucks; Trees, branches or roots exceeding 3" in diameter and 3' in length; and Bricks, stone, concrete block, aggregate, granular materials or any similar material shall not be collected by the Town or its agent(s). Granular materials that result from the sweeping of floors within buildings shall not be considered uncollectable.

12 SCHEDULE D Cart Allocation Cart allocation is administered by the Town of Kirkland Lake according to the below: Cart Allocations Dwelling Type Cart Allocation Cart Size Single Family Dwelling 1 65 gallon OR 32 gallon* Duplex (Option 1) 1 65 gallon Duplex (Option 2) 2 32 gallon Triplex 1 65 gallon 1 32 gallon 4 6 units 2 65 gallon 7 13 units 3 65 gallon units 4 65 gallon units 5 65 gallon Commercial 2 per business 65 gallon (Single weekly collection) Commercial (Twice weekly collection) 1 per business 65 gallon **Owners may request from the Waste Management Division for either a 65 gallon or 32 gallon cart. Additional Cart Criteria 1. Single Family Dwellings with special circumstances (ie. medical, young children etc.) must put in a request with the Waste Management Division and will be reviewed on a case-by-case scenario. 2. Must be participating in the bi-weekly curbside recycling program. 3. More than two (2) bedrooms per dwelling unit (ie. Dwelling with three units, each unit has three bedrooms; one additional cart can be issued) 4. Additional carts will be issued at the discretion of the Town of Kirkland Lake s Waste Management staff.

13 SCHEDULE E Automated Collection Guidelines 1. Where Automated collection service is provided waste shall be placed curbside for collection in accordance with the following: Automated Collection Container Placement All carts be a minimum of 0.6 meters (2 feet) apart and also be 0.9 meters (3 feet) from any obstruction All carts must be placed in such a way that the opening is facing the roadway All carts must be placed on a flat surface to avoid overturning All garbage placed in the grey containers must be bagged All recycling deposited in the blue containers must be loose 2. The Town or its agent(s) may refuse to empty any waste container that: a. Is unclean or unsanitary; b. Is not properly placed curbside; c. Is not accessible to collection vehicles or employees; d. Poses a danger to the safety of collection employees; e. May cause damage to the collection equipment; f. In combination with its contents, exceeds the rated capacity of the equipment; g. Is not an approved waste container; h. For any reason at the discretion of the Chief Administrative Officer or designate.