THE CORPORATION OF THE CITY OF CORNWALL

By-law # 2019-034


      A By-Law to replace By-law 076-1994, a By-law to regulate the collection, removal, and disposal of municipal solid waste and recyclables




      Whereas Whereas it has been deemed that the Council of the Corporation of the City of Cornwall regulate the collection, removal and disposal of municipal solid waste, leaf and yard waste, and recyclables in the City of Cornwall;

      Whereas the City Council endorsed the City of Cornwall Solid Waste Management Master Plan on April 12, 2011;

      Whereas the Solid Waste Management Master Plan outlines a five year program to increase the City’s waste diversion to 69%;

      Whereas Section 8,9, and 10 of the Municipal Act, 2001 authorize the City of Cornwall to pass by-laws necessary or desirable for municipal purposes, and in particular paragraphs 5,6 and 8 Subsection 10 (2) authorize by-laws respecting the economic, social, and environmental well-being of the municipality; the health, safety, and well-being of persons; and the protection of persons and property;

      Whereas Section 127 of the Municipal Act, 2001 authorize the City of Cornwall to require the owner or occupant of the land to clean and clear the land, not including principal buildings, and to clean refuse or debris from the land; not including the buildings;

      Whereas Section 127 of the Municipal Act, 2001 further authorize the City of Cornwall to prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land;

      Whereas Section 128 of the Municipal Act, 2001 authorizes the City of Cornwall to prohibit and regulate with respect to public nuisances, including matters that, in the opinion of the City Council, are or could become or cause public nuisances;

      Whereas Section 425 of the Municipal Act, 2001 authorizes the City of Cornwall to pass by-laws providing that a person who contravenes a by-law of the City of Cornwall passed under the Act is guilty of an offence;

      Whereas the Municipal Act, 2001 further authorizes the City of Cornwall, amongst other things, delegate its authority to impose fees or charges on persons for services or activities provided or done by or on behalf of it, to provide for inspections and inspection orders, and to make orders to discontinue activity or to do work and;

      Whereas Section 61 of the Provincial Offenses Act. Chapter P.33, R.S.O.1990 provides for fines of up to $5,000 for persons convicted of an offence;

      NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF CORNWALL ENACT AS FOLLOWS:

      1. DEFINITIONS

      In this By-Law:
        ''Ashes" means the cold residue from the burning of any household fuel, after such fuel has been consumed by fire, which would normally accumulate at a dwelling;

        “Administrative fee” means any additional charge in the sum of a specified percentage of any invoice including taxes, where the Corporation has caused remedial action authorized under the Municipal Act to be done;

        “Bag Limit” means the amount of waste in bags allowed to be placed to the curb for collection, at each unique collection event, as defined by the Municipality, which may be changed from time to time

        "Blue Box" refers to the collection box designated by the Manager to contain materials as outlined in the Curbside Recycling Program;

        "Business Use" means the use of a building or part thereof in which one or more persons are employed in the administration, management, direction or conducting of a business or where professionally qualified persons and their staff serve clients who seek advice or consultation;

        “Bulk Waste” means the items that are too large or too heavy to fit into a garbage bag or garbage container as is defined in this by-law. These items may include but are not limited to furniture, large appliances, and plumbing fixtures;

        "City" or "Corporation" means the Corporation of the City of Cornwall;

        "Commercial Use" means the use of land, buildings or structures for the purpose of buying and/or selling of commodities or supplying of services at retail or wholesale;

        “Commercial” means a property where a building or buildings are used exclusively for storage purposes at a site where manufacturing, production, or processing takes place as is defined in Ontario Regulation 282/98. Included in this definition is vacant land not included in other property classes, care homes that are operated with the intention of generating profits and that does not have seven or more self contained units, land that contains an office building property class, and land that contains a shopping Centre property class.

        "Composting" means the process where organic material such as grass clippings, leaves, garden waste, kitchen scraps, etc., degrades naturally;

        "Container" means:
          (i) Residential collection: a receptacle manufactured and commercially available for the use of collection of waste, and shall have a capacity not exceeding 136 litres (30 gallons) have a height of approximately 90 centimeters (35 inches), a diameter of approximately 46 centimeters (18 inches) and shall also have a watertight lid and two handles; or a non-returnable black coloured plastic bag of 0.09 cubic meters maximum capacity and made from a minimum of 1-1/2 mil gauge material capable of carrying 27 kilograms (60 pounds) of contents without tearing;
          (ii) Multi-Residential, Commercial, Industrial, and Institutional collection: a cart receptacle manufactured and commercially available for the use of collection of waste, and shall have a capacity no less than 75 litres (20 gallons) and no greater than 360 litres (95 gallons), have a height no less than 97 cm (38 inches) and no greater than 119 cm (47 inches), a width of no less than 51 cm (20 inches) and no greater than 69 cm (27 inches), and shall also have a watertight lid, two working wheels, and a single metal bar at the front of the receptacle
        “Construction waste” and “Demolition waste” means waste generated during the construction, renovation, and demolition of buildings, structures, homes, or rooms. These wastes include, but are not limited to: materials such as concrete, bricks, wood and lumber, roofing, drywall, plaster, flooring-including carpeting, ceiling tiles, plumbing and plumbing fixtures, doors, windows, siding, and landscape materials.

        “Container Limit” means the amount of waste in containers as defined to be placed to the curb for collection as defined by the Municipality, which may be changed from time to time.

        "Curbside Recycling Program" means the curbside collection of source separated materials as designated by the Manager and operated by the Corporation;

        "Disposal Area" means an area at the Landfill Site specifically designated by the Corporation for the disposal of municipal solid waste;

        "Diversion Area" means an area specifically designated by the Corporation for the disposal of items not to enter the main disposal area of the Landfill Site;

        "Domestic Waste" means waste which would normally accumulate at a dwelling unit and includes food, fruit skins, rubbish, discarded materials, clothing, wastepaper, crockery and glassware, non-recyclable bottles and cans, and other articles as would normally be thrown away or rejected, but shall not include weighty or bulky articles such as automobile parts, tires, white goods, old corrugated cardboard boxes, barrels, earth, stones, trees, stumps and water or fuel tanks;

        "Dwelling Unit" means a suite of two or more rooms, designated or intended for use by one group of persons only, in which sanitary conveniences are provided and in which facilities are provided for cooking, and with a private entrance from outside the building, or from a common hallway or stairway inside;

        “Electronic Waste” means material regulated under Ontario Regulation 393/04 and includes: laptop and desktop computers, monitors, cables and all related peripherals, audio or video systems, televisions, fax machines, printers, scanners, cell phones, tablets, and the like, and does not include White Goods.

        "Garden Waste" means the waste material from gardens, consisting of grass clippings, dead branches, weeds, plants, or other similar material;

        "Hazardous Waste" means a waste that is a hazardous industrial waste, acute hazardous waste chemical, hazardous waste chemical, severely toxic waste, ignitable waste, corrosive waste, reactive waste, radioactive waste, pathological waste, leachate toxic waste, or PCB waste, all as defined in Regulation 347 of the Environmental Protection Act R.S.O. 1990, Chapter E.19 as amended from time to time;

        "Householder" means any owner, occupant, lessee, tenant or any other person having use, occupation and/or charge of any dwelling, hotel, restaurant, apartment house, office building, public institution, service station, industrial building, commercial building, store, shopping centre or plaza, or any portion thereof respectively;

        “IC&I” means industrial, commercial, and institutional properties;

        “Industrial” means a property which is used to manufacture or transform electricity, land uses for mining, quarrying, producing oil or gas or extracting anything from the earth, unless that land is licensed or required to be licensed under the Aggregate Resources Act, as is defined in Ontario regulation 282/98. Included in this definition is land used for: manufacturing, producing, or processing anything, research or development facilities in connection with manufacturing, producing, or processing, storage, office, or retail facilities if they are located on sites where manufacturing, production, or processing takes place, vacant land zoned for industrial development, ship yards and dry docks, and sewage and water treatment plants.

        "Industrial Waste" means all waste materials which are a by-product of or result from manufacturing processes at an industrial or commercial site;

        “Institutional” means a property used for multi-purposes generally for education, health care that are federally or provincially owned or sponsored. Included in this definition are post secondary education schools, educational institutional residences located on or off campus, schools, day cares, other educational institutions and residences, hospitals and health care facilities, continuous care facilities, federal penitentiary or correctional facilities, and provincial correctional facilities.

        "Landfill Site" means a disposal area owned by the Corporation for disposal of municipal solid waste;

        "Leaf and yard waste” means compostable waste material made up of leaves, grass clippings, hedge and tree trimmings.

        "Manager" means the Division Manager, Environmental Services or such other person as may be authorized by said Manager to exercise some or all of the powers vested that individual by this By-Law;

        “Mattresses” means waste that comprises a case of canvas or other heavy cloth stuffed with wool, cotton, other fibres or similar material, with or without coiled springs, that was used as a bed or as support for a bed (box spring) with the minimum dimension of 99 cm x 191 cm (39 in x 75 in).

        "Multiple Residential (Multi-Res)” means a property used for residential purposes that has more than six (6) self-contained units; and vacant land principally zoned for multi-residential development as is defined in Ontario Regulation 282/98. "Municipal Solid Waste" means ashes, domestic waste, garden waste, trade waste or any other waste, but excludes liquid or hazardous waste, or any other waste as may be designated from time to time by the Corporation;

        "Recycling" means the separation of waste and its reintroduction into the production process;

        “Residential” means a property used for residential purposes that does not have seven (7) or more self-contained units, as is defined Ontario Regulation 282/98. Included in this definition are condominiums, co-operatives, timeshares, group homes, care homes, campgrounds, rooming houses, life leases, not-for-profit recreational facilities, and retirement homes.

        "Scrap Tires" means all waste automobile, truck and tractor tires, regardless of size, with or without wheel or rim;

        "Source Separated Materials" means materials that have been purposely separated from municipal solid waste into specific material types at the point of generation and includes magazines, newsprint, old corrugated cardboard, boxboard, glass
        and metal food and beverage containers, PET plastic beverage containers, high density polyethylene (HDPE) plastic containers, aluminum containers, tires, white goods, scrap metal, scrap wood, compostable materials such as leaves, garden waste, grass clippings, organic kitchen scraps, or other material as may be designated from time to time by the Corporation as part of its Blue Box Program or solid waste recycling program. This material shall be prepared for final disposal and/or collection as may be applicable in accordance with the current recycling collection regulations as outlined in "Schedule C" which is attached to and forms part of this By-Law;

        "Street” means any public road, highway, street, lane alley, square, place, thoroughfare or way within the City of Cornwall;

        "Trade Waste" means waste which would normally accumulate in a public institution, shop, store, restaurant, business or commercial use building, but shall not include weighty or bulky articles such as automobile parts, tires, white goods, bed springs, mattresses, furniture, old corrugated cardboard boxes, barrels, earth, stones, trees, stumps and water or fuel tanks;

        "Unit" means a suite of two or more rooms, designed or intended for use by one group of persons only;
        "Waste” means anything thrown away or rejected as being worthless or useless;

        "Waste Wood" means clean wood items that include trees, branches, brush, stumps, and construction wood that is not contaminated with preservatives, paints, hazardous material, be pressure treated or contain any waste.

        "White Goods" means major household appliances including stoves, fridges, freezers, washers, dryers, dish-washers, hot water tanks, furnaces, cast iron tubs or other items as may be designated from time to time by the corporation and are free of any other waste.
      2. ADMINISTRATION and ENFORCEMENT
        1. The Corporation shall operate a system for the collection at street curbside, removal and disposal of municipal solid waste in accordance with the provisions of this By-Law and/or any agreement which might be entered into between property developers and the Corporation.

        2. The expense of collecting and disposing of such solid waste shall be assessed generally upon the municipality and shall be collected in a like manner as other municipal taxes and/or by way of a tipping fee. In the case of non-residential wastes the assessment will be supplemented by a tipping fee which is to be established by the Council of the City of Cornwall, appended to this By-Law as "Schedule A", and amended from time to time as determined by the Council of the City of Cornwall.

        3. Bulk waste as is defined in this by-law shall not be collected by the Corporation and is to be disposed of at the expense of the owner of such material, or at the expense of the property owner should the owner of such material not be determined, In the case of illegal dumping, if proven, beyond a reasonable doubt, the bulk waste will be collected and disposed of by the Corporation at no expense to the property owner.

        4. It shall be the duty of the Manager to:
          i. Divide the City of Cornwall into sections as depicted on "Schedule D" which is attached to and forms part of this By-Law;
          ii. Designate a particular day(s) of the week for collection of waste and of materials for recycling or composting in each section; and
          iii. From time to time, alter the boundaries of each of the sections and notify the public of such changes in boundaries.
        5. The Corporation shall provide all necessary equipment and labour for the prompt and satisfactory removal of municipal solid waste as set out in the provision of this By-Law. The number of receptacles/bundles collected from each unit, the number of collections per week and the days and time that such collections shall be made from each applicable building shall be designated by the Corporation, but in no case shall collection be less than once in each week, unless due to extenuating circumstances beyond the Corporation’s control i.e.; weather.

        6. The service authorized by this By-Law shall not be made available, except by agreement, to any land or building owned or leased and occupied by the Federal or Provincial Government, or to any land or building, except a church or religious institution, which is exempt from payment of municipal taxes other than local improvement and water rates.

        7. The Supervisor is assigned the responsibility of administering and enforcing this By-law and may so assign duties to such persons as necessary to carry out the provisions of this By-Law ;

        8. Persons appointed or assigned for the purposes of administering or enforcing this By-law are Provincial Offence Officers, have the authority to carry out the duties assigned to officers under this By-Law, and may enforce the provisions of this By-law.

        9. Upon producing identification, an officer may enter on property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:
          i. This By-law;
          ii. A direction or order made under this By-law; or
          iii. A prohibition order made under S.431 of the Municipal Act, 2001
        10. An officer may for the purpose of the inspection under subsection 2(9):
          i. Require the production for inspection of documents or thing relevant to the inspection;
          ii. Inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
          iii. Require information in writing or otherwise as required by the officer from any person concerning a matter related to the inspection; or
          iv. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples, or photographs necessary for the purposes of the inspection;
        11. Any Cost incurred by the City in exercising its authority to inspect under paragraph 2(10)(iv), including but not limited to the cost of any examination, test, sample, or photograph necessary for the purposes of the inspection, shall be paid by the owner or occupant of the property where the inspection takes place.

        12. An officer may undertake an inspection pursuant to an order issued by a provincial judge or justice of the peace under Section 438 of the Municipal Act 2001 where he or she has been prevented from carrying out an inspection under subsections 2(9) and 2(10).

        13. If an officer is satisfied that a contravention of this by-law has occurred, he or she may make an order requiring the person who contravened the By-law or who caused or permitted the contravention or the owner or occupant of the property on which the contravention occurred to discontinue the contravening activity.

        14. An order under subsection 2(13) shall set out:
          i. Reasonable particulars of the contravention adequate to identify the contravention and the location of the property on which the contravention occurred; and
          ii. The date or dates by which there must be compliance with the order, which will not exceed seven (7) calendar days;
          iii. Not withstanding (ii), the Supervisor may exercise discretion in varying compliance timelines indicated on the order.
        15. If an officer is satisfied with a contravention of this By-law has occurred, he or she may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupant of the property on which the contravention occurred to do work to correct the contravention.

        16. An order under subsection 2(15) shall set out:
          i. Reasonable particulars of the contravention adequate to identify the contravention and the location of property on which the contravention occurred;
          ii. The work to be completed; and
          iii. The date or dates by which the work must be complete
        17. An order to discontinue contravening activity made under subsection 2(13) or an order to do work made under subsection 2(15) may be served:
          i. By regular and/or registered mail to the last known address of the owner or occupant of the property where the contravention occurred;
          ii. By an officer placing a placard containing the order in conspicuous place on the property where the contravention occurred; or
          iii. Personally on the owner or occupant of the property where the contravention occurred.
        18. Where a person does not comply with a direction, an order or a requirement under this By-law to do a matter of thing, the Supervisor, with such assistance by other as may be required, may carry out such direction, order or requirement at the person’s expense.

        19. Where the Supervisor determines that there is significant risk to health or safety and well-being of persons or to the protection of persons and property, the Supervisor is authorized to give immediate effect to any direction or requirement where the costs of carrying out the direction or requirement do not exceed $5,000.

        20. The City may recover the costs of doing a matter or thing under subsection 2 (13) and 2 (15) by action or by adding the costs to the tax roll and collecting them in the same manner as real property taxes and such costs shall include:
          i. An administrative fee of 25% (with a minimum of $100 and a maximum of $450) of the cost of carrying out such direction, order or requirement and where in default or payment of this fee, it shall be deemed to be municipal real property taxes and shall be added to the tax roll and collected in the same manner as property taxes and shall be added to the tax roll and collected in the same manner as property taxes and be subject to the same penalty and interest charges as property taxes with the same remedies as real property taxes; and
          ii. A re-inspection fee of $50 (fifty dollars) per resulting site visit with defaulted payment subject to the action and penalty established in section 2 (20)(i)
        21. Every person who contravenes any provision of this By-law or fails to comply with an order made under this By-law is guilty of an offence and upon conviction is liable:
          i. On a first conviction, to a fine of not more than $5,000; and
          ii. On a subsequent conviction, to a fine not more than $10,000
        22. Despite subsection 2 (25), where the person convicted is a Corporation:
          i. The maximum fine in paragraph 2(21) (i) is $25,000; and
          ii. The maximum fine in paragraph 2 (21) (ii) is $50,000
        23. Where a person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed by this By-law, make an order prohibiting the continuation or repetition of the offence by the person convicted.
      3. NON-COLLECTIBLE MATERIAL
        1. The Corporation will neither provide nor operate a system for the collection or removal of the following types of material:
          i. Materials Set out by Residential Properties:
            1. Industrial Waste;
            2. Hazardous Waste, except for the operation from time to time of a Household Hazardous Waste Day system for the disposal of domestically produced hazardous waste;
            3. Any condemned, abandoned or rejected product, by-product or stock of any wholesale or retail establishment;
            4. Highly combustible material, such as floor sanding’s, celluloid cuttings, motion picture film, fine sawdust, oil or gasoline soaked rags, gas containers, ammunition, dynamite or other explosive matter, chemicals, acids or their residues, derivatives or by-products;
            5. Liquid waste, whether or not in a container;
            6. Construction or demolition waste (including wood)
            7. Any material frozen to a receptacle which cannot be removed by shaking;
            8. Large tree limbs and trunks of trees (except Christmas trees at residences when so directed);
            9. Manure, feces (human or animal), or animal carcasses;
            10. Biomedical waste including dressings, bandages, hypodermic needles, or other infected materials from hospitals or offices of physicians, surgeons, dentists and veterinarians;
            11. Sheet iron; scrap metal or car bodies;
            12. Earth, sand, stone, brick, concrete, asphalt, trees or stumps;
            13. Scrap tires;
            14. Electronic Waste
            15. Mattresses
            16. Any garbage that contains recyclable materials accepted in the blue box program
            17. Bulk waste placed at the curb for weekly curbside collection
          ii. Materials set out by Multi-Residential, Industrial, Commercial, and Institutional properties:
            1. Industrial waste
            2. Any condemned, abandoned, or rejected product, by-product, or stock of any wholesale or retail establishment;
            3. Construction or demolition waste
            4. Biomedical waste including dressings, bandages, hypodermic needles, or other infected materials from hospitals or offices of physicians, surgeons, dentists, and veterinarians;
            5. Any discarded furniture;
            6. Any material not set out in a cart receptacle as is defined in this by-law as a manufactured and commercially available 75 litres (20 gallons) and no greater than 360 litres (95 gallons), receptacle
            2. Any waste that has not been placed for collection conformance with the provisions of this By-Law (eg.; inappropriate containers, outside the container/bag limit identified, etc.);
            3. Any other material that in the opinion of the Manager, is detrimental to the collection and/or disposal process.
      4. PROHIBITED MATERIAL AT DISPOSAL AREA
        1. No person shall place any of the following types of material in the Corporation’s Landfill site:
          i. Any material in which a specified diversion area exists which includes scrap tires, scrap metal, clean wood waste, white goods, electronic waste, and mattresses;
          ii. Material originating outside the limits of the City of Cornwall, subject to the provisions of any agreement that may from time to time be made with the Corporation;
          iii. Trees or logs except where such material is removed from City streets or land or as is permitted by the Manager;
          iv. Any volatile or other liquids or substance which in the opm10n of the Manager, might be conducive to contamination or considered a hazard;
          v. Any earth, rock in excess of 0.03 cubic metres, or fill material except as approved in writing by the Manager;
          vi. Any earth or fill material contaminated by volatile or other substances, without such earth or fill material meeting the appropriate requirements of Regulation 345 of the Environmental Protection Act, R.S.O. 1990, Chapter E.19 as amended from time to time;
          vii. Sludge from septic tanks;
          viii. Vehicle bodies or parts thereof;
          ix. Carcasses of animals larger than that of a dog;
          x. Source separated materials as defined by those materials, which are collected through the Corporation's Blue Box program.
          xi. Any material in which a specific diversion area exists which includes tires, scrap metal, clean waste wood, and white goods.
          xii. Material, which can be recycled, resulting from the erection, alteration or demolition of any building;
          xiii. Any other material that is detrimental to the operation of the Landfill Site.
      5. CONTAINERS
        1. Every occupant of a property from which waste is to be collected shall provide and maintain a good repair and sanitary condition, sufficient containers to hold his/her waste adequately.
          i. Residential properties are to use containers defined in this by-law as a receptacle manufactured and commercially available for the use of collection of waste, and shall have a capacity not exceeding 136 litres (30 gallons) have a height of approximately 90 centimetres (35 inches), a diameter of approximately 46 centimetres (18 inches) and shall also have a watertight lid and two handles; or a non-returnable black coloured plastic bag of 0.09 cubic meters maximum capacity and made from a minimum of 1-1/2 mil gauge material capable of carrying 27 kilograms (60 pounds) of contents without tearing;
          ii. Multi- residential properties are to use containers defined in this by-law as a cart receptacle manufactured and commercially available for the use of collection of waste, and shall have a capacity no smaller than 75 litres (20 gallons) and no larger than 360 litres (95 gallons), have a height no shorter than 97 cm (38 inches) and no larger than 119 cm (47 inches), a width of no smaller than 51 cm (20 inches) and no larger than 69 cm (27 inches), and shall also have a watertight lid, two working wheels, an radio frequency (RF)ID chip, and a single metal bar at the front of the receptacle
          iii. Industrial, Commercial, and Institutional properties are to use containers defined in this by-law as a cart receptacle manufactured and commercially available for the use of collection of waste, and shall have a capacity no less than 75 litres (20 gallons) and no greater than 360 litres (95 gallons), have a height no less than 97 cm (38 inches) and no larger than 119 cm (47 inches), a width of no smaller than 51 cm (20 inches) and no larger than 69 cm (27 inches), and shall also have a watertight lid, two working wheels, an RFID chip, and a single metal bar at the front of the receptacle
        2. The owner of every multi residential, industrial, commercial, or institutional property from which waste is to be collected shall provide containers for the use of all units therein and shall be responsible for their placement or coordinating their placement for collection in accordance with this By-Law.

        3. Residential containers, when full, shall not exceed 27 kilograms (60 lbs.) including the weight of the container. Multi-Residential, Commercial, Institutional, and Industrial containers shall not exceed more then 90 kgs (200lbs).

        4. No person shall permit any animal owned by him/her or under his/her control to pick over, interfere with, disturb, remove or scatter any waste placed for collection.

        5. No person shall store waste at the curb in any container for more then 24 hours outside of their property’s associated collection day.

        6. The maximum allowable number of containers placed out for collection from any residential, multi-residential, commercial, industrial, or institutional property shall be limited based on bag and container limits as set out by the Corporation. These limits are subject to review by the Corporation from time to time.

        7. Industrial, Institutional, and Commercial establishments shall provide structures out of sight on their own premises, of a fire resistance nature, in which said acceptable containers shall be housed between normal garbage collection days.
        Multi-Residential, Commercial, Industrial, and Institutional establishments may establish cart collection zones with the Contractor in order to assist with the collection garbage and recycling from the property. These zones shall be maintained and monitored by the property owner.
      6. PREPARATION OF WASTE
        1. All waste shall be drained of liquid and placed in a container used solely for the collection of waste. Containers for the collection of waste shall conform as follows:
          i. Containers shall not be filled to such a level that the top will not fit properly thereon; and
          ii. Plastic bags used as containers must be securely tied when placed for collection
          iii. Ashes, when placed for collection, shall be cold and not pose any fire hazard.
          iv. For yard waste collection only, branches, clippings from trees and shrubs, and garden waste shall be compacted and tied in bundles and have dimensions of not more than one (1) meter or three (3) feet in any direction, and in no case shall the bundle exceed 27 kilograms (60 lbs.).
          v. Old Corrugated Cardboard (OCC) boxes are unacceptable for use as regular waste containers. OCC shall not be collected via regular garbage collection. Bundled OCC shall not be collected unless placed next to a blue box.
        2. All waste, except the materials in section 1 subsections iii, iv and V , shall be placed in the proper receptacle as required in this By-Law.

        3. The use of 120 L (32 gal), 240 L (64 gal), and 360 L (95 gal) carts is only permitted in multi-residential and IC&I collection unless otherwise discussed with and permitted by the Manager.
          i. Garbage and recycling carts will only be accepted if they are 120 L (32 gal), 240 L (64 gal), and 360 L (95 gal), have two working wheels, a plastic fitting lid, have a single metal lift bar at the front, and are equipped with an RFID chip for data collection and tracking. All other cart containers and receptacles will not be collected by the Corporation’s contractor.
        4. The Corporation or its contractor reserves the right to refuse collection of any waste not prepared in conformance with this By-Law and it shall be the responsibility of the owner to ensure such waste shall be removed from the street by the householder, owner, occupant or person in charge by the time specified by the Corporation.

        5. No person employed by the Corporation or its contractor shall solicit or accept a gratuity for any work done by them in connection with this By-Law.
      7. BUSINESS IMPROVEMENT AREAS DBIA & LE VILLAGE - COLLECTION SCHEDULE
        1. Business establishments including residential tenants located in the zoning designations identified as Zone CBD, Central Business District and/or Zone COM 70, Commercial, otherwise known as the DBIA and Le Village sections located along Pitt Street and Montreal Road shall have a specific collection schedule that is separate from the regular IC&I and Multi-residential collection schedule.

        2. The Corporation shall collect waste twice a week on Monday’s and Friday’s in the DBIA and Le Village, and recycling once a week on Wednesdays. All waste including recyclables must be set out in the appropriate cart receptacle between 7:00 am and 9:30 am on the designated day for collection, waste placed out after 9:30 am shall not be returned for collection if missed during collection.

        3. The dates and frequency of the collection may be subject to change at the discretion of the Corporation from time to time with prior notice to these areas.
      8. DBIA & LE VILLAGE SET OUT REGULATIONS
        All business establishments including residential tenants located with the DBIA or Le Village are subject to all of the provisions of the by-law except for the following items herein specified:

        1. The owner of the property or building is responsible for providing any business establishment and/or residential tenant with a cart receptacle for garbage and recycling collection.

        2. All cart receptacles must meet the preparation of waste guidelines outlined in section 6, subsection 3.

        3. All waste including designated recyclables must be set at the curb for collection in their appropriate receptacle between 7:00 a.m. and 9:30 a.m. on the designated day of collection. If a different collection zone other than the curb is required such as a parking lot or back of property collection the business will contact the Corporation to arrange collection in a different area.

        4. Recyclable Old Corrugated Cardboard (OCC) may be placed in a neat manner at the curb. OCC boxes need not be flattened and bundles, but must be stacked one inside the other to ensure efficient collection.

        5. All garbage containers and/or recycling containers must be removed from curbside within one (1) hour of collection.
      9. PLACING RECEPTACLES FOR COLLECTION BY THE CORPORATION
        1. Containers and bags placed for collection shall be placed as close to the street curb as possible without obstructing the roadway or sidewalk. No person, or corporation shall place containers on the travelled portion of any street, sidewalk, or any other area which is used by vehicles or pedestrians.

        2. In circumstances where the containers and bags cannot be placed at the curb but require placement elsewhere, the Manager shall have the power to designate the designated area at which the containers or bundles of waste shall be placed for collection.

        3. In order for cart receptacles to be collected, the cart’s face (the side with the metal bar) needs to be toward the street, with the handles for pushing facing the opposite. All cart receptacles shall be about an arm’s length from each other.

        4. The owner or person in charge of the property is responsible for waste set at the curb until final collection. During adverse weather conditions such as wind, rain, and snow it is the responsibility of the householder to clean and remove waste inadvertently displaced or covered while it was placed out for collection and collected.

        5. From November 1st until April 1st (or as may be amended from time to time) of each winter season, no person shall place waste in any container (including bags) on the curb the night prior to collection when a large snowfall event (more than 5 cm) is forecast. Waste shall only be allowed to be set out the morning of collection prior to 7:00 am. Containers shall be located one (1) meter from the curb ensuring it is not on the sidewalk, but rather in a shovelled out, ground level location accessible from the road. This will allow the streets and sidewalks to be maintained properly without disrupting any garbage or recycling collections.
          i. If a person places out any container or bag at the curb that contravenes Section 9 (5) and the container or bag is damaged it shall be the persons responsibility to clean the area and replace any container.
          ii. If a person does not clean the area as is indicated in Section 9 (5i), or their containers and waste impede snow clearing activities the Corporation shall hire a contractor to preform a clean up and the contractor’s fee shall be applied to the property owner’s tax bill.
        6. During the winter weather conditions, the owner or person in charge of the property shall be responsible to clear and maintain an area in the snow bank at ground level close to the street curb for containers and/or blue box placement. Garbage and/or blue box containers are to be placed without obstructing traffic or sidewalk usage.
          i. In the case where there is no boulevard and the sidewalk is not maintained by the Corporation during the winter months, it is the responsibility of the owner or person in charge to clear and maintain an area to ground level for containers and/or blue box placement from the curb to beyond the sidewalk.
        7. Containers and bags shall be set out for collection on such days and such hours as are fixed by the Manager and no person shall place any receptacle or bundle of waste on the street on any day before or after the designated set-out time fixed for collection.

        8. No person, unless authorized by the Manager, shall pick over, interfere with, disturb, remove or scatter any waste, bundles of paper or any article placed at the curb for removal, whether contained in containers or otherwise.

        9. The owner or person in charge of any property shall be responsible for maintaining containers and bags in good condition.

        10. No person shall place for collection any container or bag in front of any property unless it is the address at which the waste was generated.

        11. Except by the order of the Manager, no garbage collection vehicle of the Corporation shall enter a privately owned driveway, roadway or lane for the purpose of collecting solid waste from privately owned property.
      10. OTHER COLLECTIBLE MATERIAL
        The following material/items may be collected from time to time as separate curbside collection programs overseen by the Corporation, some programs may be subject to fees:

        1. Christmas tree collection;

        2. Material defined in this by-law as bulky waste, which may include weighty or bulky articles such as furniture, mattresses, appliances, electronics, and tires.

        3. The Corporation's Blue Box curbside recycling program;

        4. Leaf, branches, and yard waste.

      11. HOUSEHOLDER'S RESPONSIBILITIES
        1. No person shall throw, cast, deposit or direct, suffer or permit any servant, agent or employee to throw, case or deposit any waste on any private property without the specific approval of the property owner or manager. The owner or the person in charge of the property is responsible for any waste or refuse situated on their property.

        2. No person shall place any waste for collection before the hour of 7:00 p.m. The evening before or after 7:00 a.m. on the day of collection, nor fail to remove containers or any uncollected waste by 7:00 p.m. on the day of collection.

      12. THROWING OF REFUSE ON ROADWAYS AND PUBLIC AND PRIVATE PROPERTY
        1. No person shall throw, cast, deposit, direct, suffer, or permit any servant, agent or employee to throw, cast or deposit any waste on or in any City street.

        2. No person shall throw, case, deposit, direct, suffer, or permit any servant, agent, or employee to throw, cast, or deposit any waste onto any private or public property.

        3. No person shall throw, place or deposit any municipal solid waste or trade waste on any private property, or on any Corporation property, within the City of Cornwall.
      13. COLLECTION CONTRACTOR RESPONSIBILITIES
        1. The individuals employed as collectors shall follow such routes as approved by the Manager and confirm to all instructions from them. The work of each route shall be completed daily and the collection contractor shall be courteous and render every reasonable effort to ensure the proper execution of the work.

        2. The collection contractor shall handle all garbage containers, bags, and cart receptacles with due care and after thoroughly removing their contents shall place them where taken from. The contractor shall not overload any truck or allow any of the contents to fall on the street from damaged bags and shall carefully gather up any refuse which may have spilled on the ground.

        3. In no case shall the collection contractor be called upon to make collections from any point, which in the opinion of the Manager is reasonably inconvenient or dangerous to remove receptacles.

        4. No salvaging of any material shall be conducted either on the collection routes or in and around the disposal area unless on the express consent and agreement of the Council of the City of Cornwall.

        5. Entry onto private property of a collection vehicle owned by the City or by the contractor shall be in accordance with the instructions of the Manager.

        6. No collection contractor or supervisor shall be required to enter any house, apartment, or other building, descend or ascend any stairway, or enter any elevator, hoist, or loading platform for the purpose of garbage collection.

        7. In the event of roadway construction where the vehicles for curbside collection of are restricted, the construction contractor shall transport all waste and/or recyclables to an appropriate location as designated by the Manager where collection vehicles have access. The construction contractor shall then be responsible for returning containers and blue boxes to the originating household.
      14. TRANSPORTING AND DISPOSAL OF WASTE
        1. All commercial and business waste haulers must possess a valid Certificate of Approval issued by the Ontario Ministry of the Environment, Parks, and Conservation to haul waste into the Corporation's landfill site. Only private individuals hauling waste from their personal households are exempt from this requirement of Regulation 347 of the Environmental Protection Act, R.S.O. 1990, Chapter E.19 as amended from time to time.

        2. No person shall transport any waste to the disposal area of the Corporation unless the vehicle used for such transportation has an enclosed body or a covering securely fastened to the body of the vehicle to prevent the scattering of waste.
          i. All uncovered waste loads arriving at the Corporation’s landfill site shall be charged a set fee in order to pay for supplies for local community groups that focus on litter collection along the roadside.

        3. No person shall drive a packer-type vehicle with a load or partial load of waste to the disposal area of the Corporation unless the rear end is closed and the open hopper is empty.

        4. No person shall dispose of waste at the landfill site of the Corporation without paying the fees as outlined in Schedule, “A” which is attached to and forms part of this By-Law.

      15. LANDFILL SITE REGULATIONS
        1. All disposal operations at the landfill site of the Corporation shall be in accordance with the orders of the Manager.

        2. The Cornwall Landfill Site is certified by the Ministry of Environment, Conservation, and Parks to accept domestic, commercial and industrial non-hazardous solid waste and digested dewatered sewage sludge generated within the City of Cornwall. No other types of waste shall be deposited at the site.

        3. Any waste material brought on site, which clearly does not conform to these waste types will be considered as a "suspect" waste. It will be necessary to demonstrate the eligibility for entry of all suspect wastes by passing the waste screening process outlined in the Ministry of Environment, Conservation, and Parks Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste. Schedule 4- Leachate T-CLP, and if
        necessary, slump tests identified under the Environmental Protection Act, Regulation 347 of the Environmental Protection Act, R.S.O. 1990, Chapter E.19 as amended from time to time. Any waste material brought on site which is to be

        4. Any waste brought to the site as septage shall be subject to testing as per the City of Cornwall Sewer Use By-Law Regulations.

        5. Other detailed product test data which is certified by the generator to accurately describe the waste material may also be considered.

        6. Suspect wastes which are deposited at the site will be stored and labelled on behalf of the hauler/generator or appropriate tests and if necessary, inspection. Suspect waste materials once deposited will not be released until the type of waste has been clearly defined.

        7. Generators/haulers of potentially suspect waste are strongly encouraged to seek prior approval from the Corporation for these wastes before entering the site. Appropriate information and test data will be required before an approval for any waste disposal is granted. Approval conditions may also be specified.

        8. Random spot tests of approved waste materials may also be conducted from time to time to confirm the acceptability of waste for disposal.

        9. The cost of all testing, handling, storage and, if necessary, removal of any suspect waste shall be invoiced to the generator/hauler for payment.

        10. Special hauling and packaging conditions may be required for generator/haulers wishing to deposit other special wastes which are eligible for entry, but require protection measures to avoid disposal problems (e.g. asbestos).

        11. All 220 litre drums and other large containers which could carry liquids must be empty, the tops and bottoms cut off and the drum(s) crushed or flattened.

        12. Recyclables, Mattresses, Electronic Waste, Hazardous Waste. Tires, White Goods, Scrap Metal, Old Corrugated Cardboard, uncontaminated Waste Wood and any other items specified by the Manager must be separated, and must meet acceptance criteria as described in Schedule "C" before deposit in the designated diversion area.

        13. The following restricted materials not meeting acceptance criteria as described in Schedule "C" and deposited in a designated diversion area will be subject to the surcharge. Note all surcharges are subject to review by the City. The surcharges are to be paid by the person responsible, therefore:
          i. Old Corrugated Cardboard
            1. First Occurrence: A surcharge equal to the existing per tonne processing fee of recyclables
            2. Second Occurrence: A surcharge equal to twice the existing per tonne processing fee of recyclables
            3. Third Occurrence: A surcharge equal to three times the existing per tonne processing fee or recyclables and be banned from any disposal activity at the Landfill Site for a period of one week
          ii. Scrap Tires, Scrap Metal, White Goods
            1. First Occurrence: A surcharge equal to the existing Landfill Site Tipping fee
            2. Second Occurrence: A surcharge equal to twice the existing Landfill Site Tipping fee
            3. Third Occurrence: A surcharge equal to three times the existing Landfill Site Tipping Fees and be banned from any disposal activity at the Landfill Site for a period of one week
              a. The disposal of scrap metal fuel tanks of any type will be refused unless the tanks are thoroughly drained, flushed, and cut into section no larger than (1) one cubic meter.
          iii. Waste wood (untreated/unpainted)
            1. First Occurrence: A surcharge equal to the existing Landfill Site Tipping fee
            2. Second Occurrence: A surcharge equal to twice the existing Landfill Site Tipping fee
            3. Third Occurrence: A surcharge equal to three times the existing Landfill Site Tipping Fees and be banned from any disposal activity at the Landfill Site for a period of one week
          iv. Mattresses and Box Springs
            1. First Occurrence: A surcharge equal to the existing Landfill Site Tipping fee
            2. Second Occurrence: A surcharge equal to twice the existing Landfill Site Tipping fee
            3. Third Occurrence: A surcharge equal to three times the existing Landfill Site Tipping Fees and be banned from any disposal activity at the Landfill Site for a period of one week
          v. Electronic Waste
            1. First Occurrence: A surcharge equal to the existing Landfill Site Tipping fee
            2. Second Occurrence: A surcharge equal to twice the existing Landfill Site Tipping fee
            3. Third Occurrence: A surcharge equal to three times the existing Landfill Site Tipping Fees and be banned from any disposal activity at the Landfill Site for a period of one week
          vi. Hazardous Waste
            1. First Occurrence: A surcharge equal to the existing Landfill Site Tipping fee
            2. Second Occurrence: A surcharge equal to twice the existing Landfill Site Tipping fee
            3. Third Occurrence: A surcharge equal to three times the existing Landfill Site Tipping Fees and be banned from any disposal activity at the Landfill Site for a period of one week
          vii. Recyclables
            1. First Occurrence: A surcharge equal to the existing Landfill Site Tipping fee
            2. Second Occurrence: A surcharge equal to twice the existing Landfill Site Tipping fee
            3. Third Occurrence: A surcharge equal to three times the existing Landfill Site Tipping Fees and be banned from any disposal activity at the Landfill Site for a period of one week
      14. Mixed Loads
          i. A vehicle entering the site with any recyclable item or item that can be diverted as noted above in items i to vii along with waste shall be assessed the applicable tipping fee. It is the generators responsibility to indicate to the attendant what the load is comprised of when entering the site.
          ii. Mixed loads shall be accepted with the condition that all materials restricted for diversion are removed and deposited into the appropriate areas, and waste is placed in the correct disposal areas as well.
      15. Residents of the City of Cornwall will have access to the Landfill Site. Residents not living within the City of Cornwall will not have access.

      16. Those municipalities that are partnered with the Corporation for Hazardous Waste and Recycling shall be allowed access to the site for the sole purpose of diverting materials defined as recyclable or hazardous waste. Residents from these areas will be asked for identification upon arrival to the site for verification and documentation purposes.

      17. Any person generating or hauling refuse loads that contravene the Landfill Site or deposits material in undesignated locations, shall be issued a violation notice with no surcharge.

      18. Any person delivering material or depositing material in undesignated locations a second time shall be surcharged an amount equal to the tipping fee. If a load contravenes a material ban or is deposited in an undesignated location on a third occasion, the private resident or commercial hauler shall be surcharged two times the existing tipping fee and be banned from disposal use at the site, subject to review by the Corporation.

      19. Violations of site practice and procedure rules will result in the issue of a Notice on each offence. On the third violation notice the hauler/generator/customer shall be refused entry for one week. Repeat offenders shall be refused entry for longer periods.

      20. No person shall harass any Contractor site personnel or the Corporation’s staff in any way, violation of this statement will result in the hauler/generator/customer being banned from using the site.

      21. No person, unless authorized by the Manager, shall pick over, interfere with, remove, or scatter, any waste at the landfill Site.

      22. The Hours of Operation of the Landfill site are established by the Corporations site ECA, the landfill shall be open from 7:30 am until 4:30 pm as indicated in the ECA. No waste shall be accepted outside of these hours unless previously approved by the manager in advance.

      23. Due to the presence of low-level explosive gases, the Landfill Site is designated a NO SMOKING, NO OPEN FLAME area.

      24. Trespassing on the existing or former landfill site is prohibited.

      16. REPEAL

      This By-law repeals existing by law 1994-076 and its existing amendments.

      17. PENALTY FOR VIOLATION

      Any person, firm or corporation found to be in contravention of any of the provisions of this By-law is guilty of an offence and shall, upon conviction, be liable to a fine of not more than the maximum fine set out in the Provincial Offences Act, R.S.O. 1990, Chapter P.33 as amended from time to time.

      18. PROHIBITION ORDER

      When a person, firm or corporation has been convicted of an offence under this by-law, the Court, in addition to any other penalty imposed, may issue an Order prohibiting the continuation or repetition of the offence by the person, firm or corporation.

      19. EFFECTIVE DATE

      This By-law shall become effective April 1st 2019.

      Read, signed and sealed in open Council this th day of , 2019.


Manon L. Levesque
City Clerk
Bernadette Clement
Mayor