Waste Management By-law

1. Short title

1.1 This By-Law may be referred to as the  Waste Management By-law.

2. Definitions

2.1 For the purposes of this By-Law:

Approved garbage receptacle shall mean:

• A non-returnable plastic bag, securely tied, having a capacity of not more than .08 cubic metres and composed of material not less than 1.5 millimetre gauge,
• A non-returnable cardboard carton, with flaps turned in or securely tied to cover the contents;
• A returnable container manufactured for the purpose of storing garbage or waste, and having a height not in excess of 66 centimetres and a diameter not exceeding 46 centimetres, only if such a container is used for holding non-returnable plastic bags;
• A bundle, flattened, compacted and tied, with no dimension greater than 91 centimetres;
• Unpackaged larger items(such as picture frames) provided no dimension exceeds 91 centimetres
• Such other receptacle, in good working order, designated by the General Manager as acceptable for setting out garbage.

Approved recycling receptacles

• A recycling box provided by the County, or which meets the requirements of the County as designated by the General Manager;
• A bundle, flattened, compacted and tied and having a weight not exceeding 18 kilograms and no dimension exceeding 91 centimetres;
• A 340 litre or smaller plastic bin equipped with wheels compatible with the equipment used for recyclable material collection.
• Such other receptacle, in good working order, provided by the County or designated by the General Manager as acceptable for setting out recyclable material.

bulky items  shall mean large or weighty articles such as stoves, refrigerators, furniture, table, mattresses, bathtubs, water tanks, bicycles and the like which would normally accumulate at a dwelling unit and any other items designated as bulky items in Schedule  E  of this by-law;

collectable waste  shall mean bulky items, garbage, recyclable material and yard waste, each of which individually constituting a type of collectable waste, but shall not include non-collectable waste;

collection shall mean the collection and removal of one or more type of collectable waste by the County or contractor hired by County.

contaminate or contaminated waste  shall mean the mixing of one type of collectable waste with another type of collectable waste or non-collectable waste;

commercial property shall mean a property falling outside of the definition of dwelling unit;

"Condominium Corporation” means the corporation that is the owner of lands and premises established for residential condominium forms of ownership and use, and includes any property manager or other designated third party acting on behalf of such Condominium Corporation. 

County shall mean The Corporation of Norfolk County;

dwelling unit shall mean suite of two (2) or more rooms used by one (1) or more persons living together, in which cooking, eating, living, sleeping and sanitary facilities are provided, and with a private entrance accessed from outside the building, from a common hallway or from a common stairway. A dwelling unit does not include a bunk house, group home, mobile home or recreational vehicles, hotels, motels, apartment buildings over six units;

disposable waste shall mean items falling outside of the definition of non-disposable waste;

garbage shall mean items other than bulky items, recyclable material, yard waste and non-collectable waste;

garbage receptacle shall mean a container for setting out garbage which meets the requirements contained in section 2.1(a) of this by- law.

General Manager shall mean the General Manager of the Public Works and Environmental Services Department of Norfolk County or designate;

household hazardous waste shall mean the items referred to in Schedule D of this by-law;

household residence shall mean a building containing at least one, but not more than six dwelling units;

leaf and yard waste shall mean organic plant material generated from a yard or garden of a household residence including but not limited to leaves, tree trimmings, hedge trimmings, plants, weeds, cones, fruit, nuts and vegetables and any other items designated as yard waste by the General Manager.

material recovery facility shall mean the recycling processing facility located at 28 Grigg Drive, former Town of Simcoe.

Municipal Law Enforcement Officer shall mean a person appointed by the Council of the Corporation of Norfolk County for the purposes of enforcing County by-laws and for the purposes of this By-Law shall include the Ontario Provincial Police.

non-collectable waste shall mean the items referred to in Schedule A of this by-law;

non-disposable waste shall mean the items referred to in Schedule B of this by-law;

person shall mean any individual, company, corporation, partnership, firm, trust, sole proprietorship, government or government agency

premises shall mean any land or any building, public or private, not defined under the definition of a dwelling unit.

recyclable material shall mean the items referred to in Schedule C of this by-law;

transfer station shall mean the Simcoe Transfer Station located at 164 14th Street West and the South Walsingham Transfer Station located at 1180 3rd Concession Road;

"Transient waste" means waste and other refuse carried into the County Area from outside by any person. This includes but is not limited to any waste which is transported from outside the County Area to a transfer station within the County Service Area boundaries and is unloaded into another Disposal Vehicle or is simply passed through a transfer station.

3. Collection

3.1 Persons making use of any collection shall comply with this section:

1. No person shall set out for collection any item not defined as collectable waste in this by-law.
2. No person shall deposit or place out for collection collectable waste on a property not owned by that person or adjacent to a property occupied by that person, with the exception of approved 
   condominium corporations that have completed the necessary application for waste 
   collection services and have been approved for collection.
3. Collectable waste set out for collection shall be placed as close as practicable to the edge of the municipally assumed roadway upon which the premises generating the collectable waste fronts, without obstructing the passage of vehicles, pedestrians or both, with the exception of approved condominium corporations that have completed the necessary application for waste collection 
   services and have been approved for collection.
4. No person shall set out collectable waste earlier than 7:00 p.m. on the day immediately prior to collection and no later than 7:00 a.m. on the day of collection.
5. Persons setting out collectable waste shall remove any waste uncollected for any reason before 9:00 a.m. on the day following collection, whether or not collection has occurred.
6. No person shall place out for collection contaminated waste.
7. Contaminated waste shall not be collected.
8. Collectable waste shall be collected no more than once per week from each dwelling unit and commercial property receiving collection unless deemed otherwise by the General Manager.
9. No person shall set collectable waste out for collection except using approved receptacles.
10. Persons shall ensure that animals such as dogs are secured or tied to ensure safety of collection workers and uninterrupted collection.

4. Garbage collection

4.1 The total weight of an approved garbage receptacle including the contents shall not exceed 18 kilograms. Each individual larger item specified in section 2.1 (a) (v) shall constitute one garbage receptacle.

4.2 With the exception of yard waste and recycling material, not more than four (4) approved garbage receptacles shall be collected from each dwelling unit on the day of collection.

4.3 With the exception of recycling material, not more than eight (8) approved garbage receptacles shall be collected from each commercial property on the day of collection.

4.4 With the exception of recycling material and yard waste, not more than eight (8) approved garbage receptacles shall be collected from each condominium corporation the day of collection.

4.5 Waste Collection Services to Condominium Corporations will be provided subject to meeting the criteria established in the Technical Guidelines for Waste Collection Services for Condominium Corporations.

4.6 Individual condominium units fronting directly onto a public street with an individual driveway entering the public street, shall be considered as a dwelling unit and be allocated the set out of garbage receptacles as outlined in Section 4.2.

4.7 Farm operations with bunk houses for seasonal workers shall be considered commercial property for the purposes of set out of garbage receptacles.

4.8 A commercial property with four or less businesses will be considered as one individual commercial property each;

4.9 Norfolk County Social Housing multi-residential buildings, over six units, be allowed to set up to 30 bags of waste for collection at the curb in accordance with the provisions of this Waste Management
By-Law.

5. Recyclable material collection

5.1 Collection of recyclable material shall comply with Section 3;

5.2 Without limiting the generality of subsection 5.1, any person making use of recyclable material collection shall comply with the following:

• Where recyclable material collection is provided, recyclable material shall be separated and prepared for collection as defined by the County or General Manager.
• Where it is found that recyclable material is contaminated, the General Manager may terminate collection.

6. Yard waste collection

6.1 Yard waste collection shall occur on days specified by the County and in areas designated by the Council.

6.2 Any person making use of yard waste collection shall prepare and set yard waste out for collection using only a non-returnable kraft paper bag, constructed of wet strength kraft paper specifically designed for leaf and yard waste material, which shall be capable of supporting but have a weight not exceeding 18 kilograms.

7. Bulky items collection

7.1 The collection of bulky items shall be provided once every three years on days designated by the General Manager.

7.2 Curbside bulky items collection shall be provided only to properties on which a dwelling unit is situated.

7.3 Not more than two (2) cubic metres of bulky items per dwelling unit shall be collected.

7.4 Bulky items containing or having previously contained fluorocarbon refrigerants shall require an affixed ozone depletion tag as defined by Environmental Protection Act to be collected.

7.5 Bulky items will be accepted at the minimum tipping fee charge per tonne as set in the User Fee and Service Charges By-law for one week at each transfer station on the years when curbside collection does not occur during the weeks as set by the General Manager up to a maximum of three (3) tonnes.

8. Household hazardous waste event

8.1 A temporary waste depot for the collection of household hazardous waste shall be established from time to time at locations designated by Council for the purpose of disposing of household hazardous waste.

8.2 A temporary waste depot event for the collection of household hazardous waste shall only accept household hazardous waste.

8.3 Household hazardous waste shall be accepted for disposal only if it originates from a dwelling unit located within the geographic area of the County.

8.4 No person shall deposit any item at a household hazardous waste event that is not defined as household hazardous waste in this by-law

9. Transfer stations

9.1 No person shall deposit any item at a transfer station that is not defined as disposable waste in this by-law.

9.2 Notwithstanding anything else contained in this by-law, recyclable material may be deposited at a transfer station if it is placed in an area designated for recyclable material at the transfer station, in which case the recyclable material in question shall be considered to be disposable waste.

9.3 No person shall deposit disposable waste originating from outside the geographic area of the County at a transfer station unless authorized by the General Manager.

9.4 No person, save those employed by the County or contracted by the County to provide collection, shall deposit in excess of 3 metric tonnes of disposable waste at a transfer station within a 24-hour period.

9.5 Loads in excess of one (1) tonne, may be redirected before entry to the appropriate landfill site.

9.6 Notwithstanding Section 9.5, a load which exceeds the one (1) tonne limit and is less than three (3) tonnes may be disposed of at the transfer station at the tipping fee plus the excess load fee as defined in the User Fee and Service Charges By-law for the entire load.

9.7 A person may not dispose of disposable waste in excess of 1 tonne and under 3 tonnes on more than one occasion within a 24 hour period.

9.8 A rate or fee shall be paid for all disposable waste entering a transfer station according to the User Fees and Service Charges By-law, as amended from time to time.

9.9 No person shall deposit any material at the entrance or around the perimeter of a transfer station.

9.10 Use of a transfer station is subject to an Environmental Compliance Approval issued by the Ministry of the Environment.

9.11 Transfer stations shall be open to receive waste during the hours set out in the Environmental Compliance Approval issued by the Ministry of the Environment.

9.12 Transfer stations will be closed to the public on all recognized statutory holidays: New Year s Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day or as may be determined by the County from time to time.

9.13 No person, unless authorized by the General Manager, shall pick over, interfere with, remove or scatter any disposable waste in the transfer station.

9.14 All dumping operations at the transfer stations shall be in accordance with the orders of the attendants in charge. Such orders may consist of but are not limited to, location of dumping of disposable waste, separation of disposable waste into components parts and dumping of such component parts in the designated areas and the rejection of such disposable waste as outlined in this by-law.

9.15 No person shall enter a transfer station without having the load properly secured, tarped or tied as required by the Highway Traffic Act.

9.16 All commercial waste disposal contractors shall have Environmental Compliance Approvals issued by the Ministry of Environment for transportation of disposable waste to a transfer station.

9.17 The quantity of disposable waste received from sources within the geographic area of the County shall be restricted or controlled through prohibiting material or tonnage limits.

9.18 This by-law does not apply to the acceptance of disposable waste by a privately owned waste management transfer station.

9.19 This by-law does apply to disposable waste received at a transfer station from a privately owned waste management transfer station.

9.20 All municipally collected disposable waste shall be delivered to the transfer station.

9.21 In the event of conditions brought about by weather, mechanical breakdown or strikes, or disposable waste delivered in excess of the rated capacity of the transfer station, the General Manager may authorize any or all vehicles delivering disposable waste to a transfer station to deliver disposable waste to another transfer station while such conditions prevail.

9.22 The General Manager may designate alternate sites for collection or deposit of collectable waste or disposable waste in the event of conditions brought about by weather, mechanical breakdown or strikes.

9.23 In the event of a scale malfunction, vehicles will be charged the minimum tipping fee as set in the User Fee and Service Charges By-law.

10. Material recovery facility

10.1 No person shall deposit any item at the material recovery facility that is not defined as recyclable material in this by-law.

10.2 No person shall deposit recyclable material originating from outside the geographic area of the County at the material recovery facility unless authorized to do so by the General Manager.

10.3 No person shall deposit any material at the entrance or around the perimeter of the material recovery facility.

10.4 No person unless authorized by the General Manager, shall pick over, interfere with, disturb, remove or scatter any recyclable material at the material recovery facility.

10.5 All dumping operations at the material recovery facility shall be in accordance with the orders of the attendants in charge. Such orders may consist of but not limited to, location of dumping of recyclable material, separation of recyclable material into components parts and dumping of such component parts in the designated areas and the rejection of such recyclable material as outlined in this by-law.

10.6 The material recovery facility shall be open to receive waste within the hours set out in the Environmental Compliance Approval issued by the Ministry of the Environment.

11. Ban of otherwise permitted material

11.1 The County may by resolution ban any material from the transfer station or material recovery facility or collection and no person may deposit that material at the transfer station or material recovery facility or set or leave that material out for collection.

12. General provisions

12.1 No person employed by the County or its contractors shall accept or receive any fee or gratuity, in addition to his or her wages, for services rendered or to be rendered in regard to this by-law.

12.2 Notwithstanding anything else contained in this by-law, the County may, under conditions satisfactory to the General Manager and Council, provide a higher level of collection, it being understood that an additional charge may be levied for such service and this additional charge shall be determined by the General Manager and approved by Council.

13. Anti-scavenging

13.1 No person shall pick over, interfere with, disturb, remove or scatter any collectable waste set out for collection.

14. Uncontained material

14.1 The owner of a premise shall not permit collectable waste to be set out other than in approved garbage receptacles or approved recycling receptacles.

14.2 The owner of a premise shall be responsible for the immediate clean up or re-securing of collectible waste that has, for any reason, fallen out of either approved garbage receptacles or approved recycling receptacles.

15. Enforcement

15.1 This by-law shall be enforced by a Municipal Law Enforcement Officer.

16. Penalty

16.1 Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty set out in Section 77 of the Municipal Act, 2001, S.O. 2001, c.25 as amended from time to time or any successor thereof.

17. Repeal of existing by-laws

17.1 The following By-Laws are hereby repealed:

• By-Law No. 92-61 of The Corporation of the Town of Simcoe, as amended; and
• By-law No. 32-00 of The Corporation of the Regional Municipality of Haldimand-Norfolk, as amended.

17.2 By-Law No. 192-94 of The Corporation of the Regional Municipality of Haldimand-Norfolk is repealed in so much as it relates to the transfer stations;

18. Effective date

18.1 The effective date of this By-Law shall be the date of final passage thereof.

22nd day of October, 2013

Amendments

This online version of the by-law includes the following amendments: 

• By-Law No. 2016-44 - Being a By-Law to Amend By-Law 2013-164 to Provide for the Collection, Removal and Disposal of Waste, Recyclable Material and Other Waste within Norfolk County.
• By-Law 2017-77 - Being a By-Law to Amend By-Law 2013-164 to Provide for the Collection, Removal and Disposal of Waste, Recyclable Material and Other Waste within Norfolk County.

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Schedule A

The following items shall be deemed to be non-collectable waste for the purposes of this by-law:

(1) any non-disposable waste as described in Schedule B;
(2) manufacturers  or industrial waste;
(3) any materials which have become frozen to a container and cannot be removed by shaking;
(4) stock of any wholesaler or retailer;
(5) broken plaster, lumber or other waste resulting from the construction, alteration, repair, demolition or removal of any building or structure,
(6) tree trunks and stumps, and branches over 50 mm in diameter
(7) boulders and concrete;
(8) fence and fencing material;
(9) electronics and
(10) any other items designated as non-collectable waste by the General Manager.

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Schedule B

The following items shall be deemed to be non-disposable waste for the purposes of this by-law:

(1) carcasses or parts thereof of any animal or other creature, save for bona fide kitchen and table waste;
(2) automobiles or auto bodies, and other vehicles including water or fuel tanks, tires, farm machinery and any parts thereof;
(3) explosives and any highly flammable or volatile substances of any nature whatsoever;
(4) septic tank pumpings, raw sewage sludge and industrial process sludge;
(5) liquid or gaseous wastes;
(6) hay, straw and manure;
(7) trees, tree stumps, boulders and concrete in excess of 0.3 cubic metres;
(8) hazardous waste as defined in Regional 347, as amended from time to time;
(9) polychlorinated biphenyls (PCBs);
(10) caustics and acids;
(11) radioactive materials;
(12) poisons, pesticides and herbicides;
(13) Transient Waste;
(14) biomedical waste including sharps or medical instruments, anatomical parts, dressings, bandages or other infected materials;
(15) household hazardous waste;
(16) waste gas cylinders such as propane;
(17) recyclable material;
(18) electronics;
(19) organic materials which has not been drained of all liquids;
(20) live animals or birds;
(21) materials that contain hot live coals or fire;
(22) asbestos waste and
(23) any other items designated as non-disposable waste by the General Manager.

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Schedule C

The following items shall be deemed to be recyclable material for the purposes of this by-law:

• corrugated cardboard;
• glass jars and bottles;
• metal beverage and food cans;
• newspaper;
• polyethylene terephthalate (P.E.T.) containers;
• polyvinyl chloride (PVC) and polypropylene (PP) containers;
• high density polyethylene (HDPE) and plastic tubs;
• mixed household paper, fine paper;
• aluminium trays and foil;
• foam and rigid polystyrene;
• boxboard;
• magazines, catalogues, telephone books;
• low density polyethylene (LDPE) film bags;
• gable top cartons, tetra pac boxes;
• metal paint cans;
• aseptic (Tetra Pak) containers;
• aerosol containers;
• spiral cardboard tubes and cans; and
• any other items designated as recyclable material by the General Manager.

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Schedule D

The following items shall be deemed to be household hazardous waste for the purposes of this by-law:

(1) lead acid batteries;
(2) dry cell batteries;
(3) propane cylinders;
(4) motor oil;
(5) antifreeze;
(6) latex and oil-based paint;
(7) solvents;
(8) flammable liquids;
(9) pesticides;
(10) sharps
(11) other household materials bearing the ignitable, corrosive, explosive, reactive or poisonous symbol;
(12) any other items designated as household hazardous waste by the General Manager.
(13) pharmaceuticals

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Schedule E

The following items shall be deemed to be bulky items for the purposes of this by-law:

• sofas
• couches
• desk
• chair
• table
• patio furniture
• mattress
• bedsprings
• bed fames
• bath tubs
• toilets
• sinks
• water tanks
• bicycles
• barbeques provided there are no associated propane cylinders
• other large items that would normally accumulate from a household
• other items designated as bulky items by the General Manager