Waste Management & Littering By-law 2015-063

This By-law shall be entitled the "Waste Management and Littering By-law"

For the purpose of this by-law:

"Acceptable Material" in respect of a particular Waste Disposal Site shall mean material that is not included in Schedule "C" attached to this By-law, and that is not excluded from acceptance for deposit at a Waste Disposal Site pursuant to: (i) any applicable Ontario legislation, including, without limitation, the provisions of Environmental Protection Act R.R.O. 1990, Reg. 347, as amended; and (ii) the terms and conditions contained in the Certificate of Approval issued by the Ministry of the Environment in connection with the operation of such Waste Disposal Site;

"Allowable Recyclable Waste" shall mean any waste material designated by the Municipality from time to time as acceptable for collection for recycling purposes, and as published in the Municipality's Recreation and Community lnformation Guide referred to in Schedule "D" attached hereto;

"Authorized Distributor" shall mean the Municipality, or a Business approved by the Municipality that has agreed to sell PAYT Bag Tags on such terms and conditions as may be established by the Municipality from time to time;

"Blue Box" shall mean the container or other device approved by the Municipality for the collection of Allowable Recyclable Waste;

"Brush" shall include branches and limbs not exceeding four (4) inches in diameter and six (6) feet in length;

"Business" shall mean an undertaking, trade, business or occupation located within the geographic boundaries of the Municipality and carried on for the purpose of gain or profit, and without limiting the generality of the foregoing, includes the selling or offering for sale of goods or services by retail, but does not include public institutions or any manufacturing activity or industry;

"Council" shall mean the Council of the Corporation of Loyalist Township;

"Curbside Collection" means the collection of Garbage or Allowable Recyclable Waste placed, in accordance with the terms of this By-law, adjacent to, or on the edge of, the travelled portion of any street, road or highway having been assumed by the Municipality;

"Director of Engineering Services" shall mean a person appointed by the Council as the Director of Engineering Services for Loyalist Township and shall include his or her designates;

"Dwelling Unit" shall mean a room or suite of rooms located within the geographical boundaries of the Municipality, generally containing cooking, eating, living, sleeping and sanitary facilities, that is used or intended to be used as a principal residence by one or more persons and, without limiting the generality of the foregoing, shall include a house and a unit within a Multi-Residential Building;

"Garbage" shall include and mean all animal, mineral and vegetable matter in any form or state abandoned, discarded or thrown out by an Occupant of any Dwelling Unit or any other person, or by any owner,
operator, employee or agent of a commercial, industrial or institutional establishment located within the geographical boundaries of the Municipality, but shall not include Household Hazardous Waste or any item included under paragraph 22 hereof;

"Garbage Container" shall mean a receptacle, other than a Small Bag, for the storage of Garbage designed and suited to prevent the entry of water, flies and animals and the escape of noxious odours that, when filled and placed out for Curbside Collection, shall not exceed a gross weight of 18 kg (40 lbs) and shall be comprised only of:

(i) a standard size (i.e. having a maximum capacity of approximately 77.2litres) galvanized metal or plastic waterproof garbage container, being larger at the top than at the bottom, and having two secure carrying handles and a securely attached lid; or

(ii) a standard opaque polyethylene plastic garbage bag having dimensions of no greater than 75 cm by 95 cm (30" x 38");

"Household Hazardous Waste" shall mean those products identified in Section 9 of Schedule 'C' attached hereto;

"Litter" and "Littering" includes any material left or abandoned in a place other than a receptacle or place intended or approved for receiving such material. along or adjacent to a highway;

"Multi-Residential Building" shall mean a building containing 4 or more distinct Dwelling Units;

"Municipality" means The Corporation of Loyalist Township and includes its agents, employees, representatives and contractors;

"Municipal Property" means any land or premises situated within the geographical boundaries of the Municipality that is owned or controlled by the Municipality by lease or otherwise;

"Occupant" shall mean the owner, tenant, superintendent or occupier of any Dwelling Unit or Multi-Residential Building as the case may be;

"PAYT Bag Tag" shall mean an identification marker as authorized by Council and designated for use on Garbage Containers in accordance with Part lV of this By-law;

"Small Bag" shall mean either:

(i) a bag issued by a supermarket or retail store to its customers for the carriage of groceries or other merchandise purchased at such store; or

(ii) a bag intended for indoor transitory storage of Garbage of the type commonly referred to as "kitchen catchers"; or

(iii) a bag having dimensions of equal to or less than 51 x 56 cm;

"Yard Waste" shall include grass clippings, leaves, flowers, hedge trimmings but does not include brush, food wastes, pet feces, soil, rocks, stones or any non-organic debris;

"Yard Waste Container" shall mean compostable paper bags only. Each bag must not exceed 20 kilograms in weight (44 pounds)

"Ward 1" shall mean the former Township of Amherst lsland;

"Ward 2" shall mean the former Village of Bath;

"Ward 3" shall mean the former Township of Ernestown; and

"Waste Disposal Sites" shall mean the Violet Road Waste Disposal Site and the Amherst lsland Waste Disposal Site.

Section 3

The Waste Disposal Sites will be closed to the public at all times except during those hours detailed in Schedule "A" attached hereto, such hours to be subject to amendment by the Municipality from time to time.

Section 4

No waste, refuse or debris produced, generated or collected outside the geographical boundaries of the Municipality shall be accepted at a Waste Disposal Site without the express approval of Council given in accordance with the terms of that Waste Disposal Site's Certificate of Approval.

Section 5

Subject to paragraph 6 hereof, Acceptable Material brought to a Waste Disposal Site by or on behalf of a resident of the Municipality, or a commercial, institutional or industrial establishment located within the
geographical boundaries of the Municipality, shall be accepted for disposal upon payment of the appropriate tipping fees as detailed in Schedule 'B', which Schedule may from time to time be amended by resolution of Council.

Section 6

The determination of whether material brought to a Waste Disposal Site constitutes Acceptable Material shall be for the Municipality alone, and for the purposes of making such determination, the Municipality may, prior to accepting material for disposal in accordance with paragraph 5 hereof, direct, at the expense of the person in control of such material, such tests to be conducted as it deems necessary in order to ascertain the composition of such material.

Section 7

The Municipality shall have the authority to demand from any person wishing to use a Waste Disposal Site, proof that such person is or is acting on behalf of a resident or taxpayer of the Municipality, or a commercial, institutional or industrial establishment located within the geographical boundaries of the Municipality. Only waste generated from a property within Loyalist Township shall accepted at the Township Waste Disposal sites.

Section 8

Where any person is in default of payment of charges levied under paragraph 5 above, the Municipality's Treasurer is authorized to recover the cost or expense involved by action or the same may be recovered in like manner as municipal taxes.

Section 9

ln lieu of the curbside collection of Allowable Recyclable Waste in Ward 1, the following materials, as determined in accordance with the Recycling Services agreement referred to in Schedule "D" hereto, shall be accepted for recycling at the Amherst lsland Waste Disposal Site at no charge provided they are first
sorted and then placed in the appropriate locations as designated by the Municipality:

• • • Newspapers tied in bundles
    • Cardboard/Boxboard
    • Plastics
    • Bottles/Cans
    • Electronic e-waste
    • Scrap Metal

Section 10

The Municipality shall provide Curbside Collection in Ward 2 and Ward 3 of the Municipality on such days during each week as may be declared and published from time to time.

Section 11

Curbside Collection of Garbage and Allowable Recyclable Waste in Ward 1 will not be provided. Residents of Ward 1 are responsible to deliver their Garbage and Allowable Recyclable Waste to the Amherst lsland Waste Disposal Site.

Section 12

All Garbage placed for Curbside Collection shall be placed in a Garbage Container.

Section 13

No person shall place for Curbside Collection any item identified as Household Hazardous Waste.

Section 14

All Allowable Recyclable Waste placed for Curbside Collection shall be placed in a Blue Box and shall be bundled or otherwise prepared in accordance with any applicable rules and regulations that may be passed by the Municipality from time to time.

Section 15

No person, apart from the Municipality or the person who placed the material out for collection, shall pick over, interfere with, disturb, remove or scatter any Allowable Recyclable Waste, bundle, article or thing placed out for Curbside Collection.

Section 16

No person, apart from an Occupant of a Dwelling Unit or Multi-Residential Building, or an owner, operator, employee or agent of a commercial, institutional, or industrial establishment within the geographical boundaries of the Municipality, shall set out Garbage or Allowable Recyclable Waste for Curbside Collection.

Section 17

No person shall set out any Garbage or Allowable Recyclable Waste for Curbside Collection except at the Dwelling Unit, Multi-Residential Building, or commercial, institutional, or industrial establishment at which it was generated.

Section 18

Garbage and Allowable Recyclable Waste will be picked up from Dwelling Units and participating Multi-Residential Buildings once per week or at such other frequency as may be determined by Council from time to time.

Section 19

Garbage and Allowable Recyclable Waste will be picked up once per week, or at such other frequency as may be determined by Council from time to time, from commercial, institutional, or industrial establishments placing their Garbage and Allowable Recyclable Waste at the curbside in such a manner that the source of the Garbage or Allowable Recyclable Waste is clearly ascertainable.

Section 10

When a normal Curbside Collection day falls on a statutory holiday and no collection is provided, the Municipality shall provide an alternative collection day.

Section 21

Garbage placed for Curbside Collection shall be drained of all liquids.

Section 22

None of the following materials shall be set out for Curbside Collection except on designated days and times set by the Municipality.

a. Hazardous waste, liquids or waste containing free moisture, waste oil, batteries, explosives, sewage sludge, infectious wastes, pesticides, herbicides, paints, preservatives, cleaners, chemistry sets,

b. Automobile products including brake fluid, antifreeze, tires or batteries;

c. Construction items including drywall, scrap lumber, brush, metal, stone, brick or concrete;

d. Electrical appliances including stoves, fridges, freezers or television sets;

e. Grass clippings or leaves.

Section 23

All Garbage and Allowable Recyclable Waste placed out for Curbside Collection shall be placed at the curb adjacent to the lot line of the property on which the applicable Dwelling Unit, Multi-Unit Residential Building, or commercial, institutional or industrial establishment is located, and shall not impede pedestrian or vehicular traffic.

Section 24

All Garbage and Allowable Recyclable Waste placed for Curbside Collection shall remain the property of the person having so placed it until such time as the Municipality collects it.

Section 25

No person shall set out any Garbage or Allowable Recyclable Waste for Curbside Collection before 6:00 P.M. on the day prior to the day scheduled for collection. Garbage and Allowable Recyclable Waste must be placed at curbside no later than 7:00 A.M. on the day of collection to ensure pickup.

Section 26

There is no limit to the number of Garbage Containers that may be placed for Curbside Collection.

Section 27

Any material which is set out for Curbside Collection and which is not Garbage or Allowable Recyclable Waste or has not been properly prepared for collection according to the provisions of this By-law shall not be collected.

Section 28

Any waste which the Municipality declines to collect, and all reusable Garbage Containers, Blue Boxes, garbage bins and recycling receptacles, shall be removed from the curbside or collection site by the owner, operator, or Occupant of the Dwelling Unit, Multi-Residential Building, or commercial, institutional, or industrial establishment by or on whose behalf same was placed for collection, before 8:00 p.m. on the day on which the collection was scheduled to be made.

Section 29

Every Garbage Container placed for Curbside Collection or filled with Garbage and taken to a Waste Disposal Site for disposal shall have affixed one PAYT Bag Tag positioned so that the Loyalist Township logo and the bag tag number are both clearly visible.

Section 30

The cost of PAYT Bag Tags shall be $2.50 per tag subject to amendment or adjustment by Council from time to time.

Section 31

The general shape and form of the PAYT Bag Tags authorized by Council is illustrated in Schedule 'E'. Council may from time to time change the authorized shape and colour of the PAYT Bag Tag.

Section 32

No person shall remove any PAYT Bag Tag from a Garbage Container set out for curbside collection.

Section 33

No person shall affix a bag tag that resembles or purports to be a PAYT Bag Tag other than a PAYT Bag Tag purchased from an Authorized Distributor.

Section 34

No person shall alter an approved Loyalist Township issued PAYT Bag Tag by cutting or otherwise marking the tag in any manner.

Section 35

No person who is not an Authorized Dealer shall sell PAYT Bag Tags without the written authorization of the Municipality.

Section 36

Authorized Distributors must sell PAYT Bag Tags to the public at the face value as established by Council from time to time.

Section 37

The Municipality, when selling PAYT Bag Tags to a member of the public, may refuse to proceed with such sale unless the transaction is in respect of not less than ten (10) PAYT Bag Tags.

Section 38

Authorized Distributors located within the Municipality's geographical boundaries will receive a 5% commission for the sale of PAYT Bag Tags, or such other rate as may be established by Council from time to time.

Section 39

Authorized Distributors located outside the Municipality's geographical boundaries will receive a 2.5% commission for the sale of PAYT Bag Tags, or such other rate as may be established by Council from time to time.

Section 40

The minimum purchase order for Authorized Distributors is 100 PAYT Bag Tags.

Section 41

Authorized Distributors must pay for their PAYT Bag Tags at the time of delivery or pick-up.

Section 43

ln response to a written application by a resident of the Municipality, the Director of Engineering Services in consultation with the Kingston, Frontenac, Lennox, and Addington (KFLA) Health Unit, may provide an accommodation in the form of free PAYT Bag Tags to a Dwelling Unit with excess Garbage disposal demands because of the medical condition of an Occupant.

Section 43

The Municipality will supply garbage bins to any Multi-Residential Building whose layout and or size does not conform or readily lend itself to Curbside Collection, provided that in the opinion of the Director of Engineering Services, such building can be served in a safe, efficient and practical manner by the Municipality.

Section 44

The Municipality will arrange for collection of all Garbage contained in garbage bins supplied to Multi-Residential Buildings in accordance with paragraph 43 hereof. Owners of Multiple-Residential Buildings availing themselves of garbage bin collection shall have the option of not marking their Garbage containers with PAYT Bag Tags, but such owners shall remain liable to the Municipality for the payment of fees in accordance with paragraph 45 below.

Section 45

The rate for collection of garbage bins from Multi-Residential Buildings shall be equivalent to 14.444 PAYT Bag Tags per cubic metre of garbage to be determined through visual inspection by the Municipality based upon the known volume of the garbage bin supplied in accordance with section 43. Where appropriate, the Treasurer of the Municipality will, at regular intervals, invoice owners of Multi-Residential Buildings who have opted not to mark the Garbage within their garbage bins with PAYT Bag Tags.

Section 46

No owner or Occupier of a Dwelling Unit, Multi-Residential Building, or commercial, industrial, or institutional establishment located within the geographical boundaries of the Municipality, shall permit any waste, refuse or debris to accumulate upon his or her lands or those lands in use by him or her.

Section 47

Except as may be expressly permitted by this by-law, no person shall place any material out for Curbside Collection within the geographical boundaries of the Municipality.

Section 48

No person shall disturb or interfere with any Garbage or Allowable Recyclable Waste set out for Curbside Collection on or about a street, alley, laneway, public or private way, public space, private lot or other land located within the geographical boundaries of the Municipality.

Section 49

No owner or Occupant of a Dwelling Unit, Multi-Residential Building or commercial, industrial or institutional establishment located within the geographical boundaries of the Municipality, shall keep a garbage dump or
container for waste material, refuse or debris upon his or her lands, or those lands in use by him or her, in such a condition or in such a location that the same shall be a nuisance or emit foul or offensive odours or harbour or attract rats or other vermin or insects.

Section 50

The Municipality may provide residents the opportunity to dispose of large items at the Violet and Amherst lsland Landfill sites in accordance with the dates, times and locations detailed in Schedule "F" attached to this by-law.

Section 51

The listing of quantities and materials acceptable for free large item disposal opportunities is contained in the attached Schedule "F" to this by-law.

Section 52

It shall be the responsibility of the resident to transport the aforementioned large items to the appropriate landfill on the days provided. Each household will be-limited lo 1.7 rl'104 cubic feet) or one half-ton pick-up truck load per free disposal opportunity effective January 1, 2013.

Section 53

Loyalist Township may schedule residential Brush Collection from time to time

Section 54

The volume of brush that will be picked up during a scheduled brush collection program per property is limited to 1 .7 m3 (64 cubic feet) or one half-ton pick-up truck load. The owner of any property in the Township is responsible for the removal and disposal of any brush in excess of the limit that is not collected by Township forces during the brush collection program.

Section 55

Brush must be placed near the side of the road in such a fashion that it does not impede the safe movement of vehicles and pedestrians and that sidewalks remain clear of obstructions.

Section 56

The larger diameter ends of the brush shall be placed closest to the road and small pieces of brush should be bundled.

Section 57

No person shall throw, place or deposit refuse, debris or domestic waste upon private property without the consent of the owner of the property.

Section 58

No person shall throw, place or deposit refuse, debris or domestic waste on Township property without the written consent of the Corporation of Loyalist Township. 

Section 59

No person shall throw, place or deposit refuse, debris or domestic waste on the property of a Local Board of the County of Lennox and Addington which property is situated in Loyalist Township without the written consent of the Local Board or the County of Lennox and Addington.

Section 60

The presence of a "No Dumping or No Littering" sign shall be deemed to indicate a lack of consent on the part of the owner.

Section 61

Every person who throws or deposits or causes to be deposited any glass, nails, tacks or scraps of metal or any rubbish, refuse, waste or litter upon, along or adjacent to a highway, except in receptacles provided for the purpose, is guilty of the offence of littering the highway and upon conviction is liable to a penalty as provided for in the Provincial Offences Act.

Section 62

Subject to the approval of Council given by way of resolution, the Municipality may offer and pay a reward of up to $1,000.00 to any person who provides information to the Municipality resulting in the conviction of another person who contravenes the provisions of Sections 57 to 61 of this by-law.

Section 63

That the By-law shall be enforced by a Police Officer, Municipal Law Enforcement Officer or an Officer appointed for the purposes of enforcing this By-law.

Section 64

Any person who fails to comply with any of the provisions of this by-law shall be guilty of an offence and upon conviction is liable to a fine as set out under the Provincial Offences Act, R.S.O. 1990. c. P. 33, as amended.

Section 65

ln the event that any person fails to comply with the requirements or provisions of this by-law, the rectification of such matter may be carried out by the Municipality with the cost thereof being recoverable by the Municipality from that person either by suit, or in like manner as municipal taxes.

Section 66

If any provision of this by-law is, for any reason, held to be invalid, it is here

Section 66

If any provision of this by-law is, for any reason, held to be invalid, it is hereby declared to be the intention of Council that all the remaining provisions shall remain in full force and effect until repealed, notwithstanding that such one or more provisions shall have been declared to be invalid.

Section 67

In the event of inconsistency or conflict between the provisions of this by-law and any term or condition of a Certificate of Approval issued in respect of a Waste Disposal Site, the Certificate of Approval shall prevail.

Section 68

Loyalist Township By-law 2012-108 is hereby repealed effective July 1, 2015.

Section 69

Schedules 'A", "B", "C", "D", "E" and "F" attached hereto shall form a part of this by-law.

Section 70

This by-law shall come into force and effect on July 1, 2015.

Enacted and passed this 8th day of June, 2015

All Township offices will be closed on the following holidays:

• • • New Year's Eve at 12:00 noon                                 
    • New Year's Day                                                         
    • Family Day (Third Monday in February)                
    • Good Friday                                                                
    • Easter Monday                                                           
    • Victoria Day                                                                
    • Canada Day
    • Civic Holiday (August)
    • Labour Day
    • Thanksgiving Day
    • Christmas Eve at 12:00 noon
    • Christmas Day
    • Boxing Day

Violet Road Waste Disposal Site

Tuesday to Thursday - 8:00 a.m. to 4:30 p.m.

Amherst Island Waste Disposal Site

Wednesday - 11:00 a.m. to 2:00 p.m.

Saturday - 10:00 a.m. to 12:00 noon

Sunday - 2:00 p.m. to 4:00 p.m.

Weighted Material

In the event the scales are not operating or scales are not available (Amherst Island) the following fees will apply.

*Minimum charge is applicable at the Violet Landfill site only and is not applicable on Free Large Item Disposal opportunities.

1. All Recyclable cardboard and boxboard as defined by the Township's Recycling Service provider from industrial, institutional or commercial generators except for recyclable material defined in clause 9 of the by-law

2. New and Used Construction Materials

3. Drywall and Other Gypsum Products

4. Vinyl Siding and Vinyl Products

5. Asphalt and Asphalt type Products

6. Bricks, concrete blocks and other concrete masonry products

7. Manufactured Wood Products (chipboard, etc.)

8. Logs and stumps

9. Hazardous Waste as defined by the Township's Household Hazardous Waste
service provider and to include:

a) Pesticides and Garden Products
b) Household Cleaning Products
c) Paints and Solvents
d) Automotive and Garage Products
e) Miscellaneous

i) mercury batteries
ii) butane lighters & cylinders
iii) fluorescent lamp ballast (made before 1978)
iv) lighter fluid
v) photographic chemicals
vi) propane canisters
vii) smoke detectors (ionizing type)
viii) swimming pool chemicals

10. Medical and dental clinic wastes

11. Lawn and garden waste

12. Dead animals

13. Septic tank wastes

14. Earth and/or rock fill, except when authorized by the Director of Engineering Services

Loyalist Township has entered into an agreement with the Kingston Area Recycling Centre (KARC) for recycling services and the Township is required to comply with the conditions established by KARC. 

Because of changing markets, from time to time, the requirements for collection of recyclable materials are adjusted by KARC to meet those markets.

Current conditions are printed in the Township's Recreation and Community lnformation Guide.

Disposal of Household Hazardous Wastes

Loyalist Township has entered into an agreement with the Kingston Area Recycling Centre (KARC) to allow Township residents to make use of l(ARC's Household Hazardous Waste Depot. Days and Time of operation are set by KARC.

Council has authorized the general shape and form of the PAYT Bag Tag as illustrated below.

Schedule E - PAYT Bag Tag

Material Limits per Household

A limit of one half-ton pick-up truck load per household, per free disposal opportunity.

Items Accepted for Disposal

White goods (refrigerators, freezers, washers, stoves and dryers), bicycle frames or similar metal goods, large furniture, fencing (posts removed), aluminum wall siding, rolls of flooring and air conditioner.

Items Not Accepted at Free Large Item Disposal Opportunities

Items that can fit into a regular-size garbage bag, household waste and tires. Regular disposal charges shall apply to these items.