The URL can be used to link to this page

Home My WebLink AboutPD-288-90 IMd -� TOWN OF NEWCASTLE REPORT File # Res. # ____ �t: �• By-Law # Q METING: General Purpose and Administration Committee DA-E, Monday, September 17, 1990 REPORT #: PD-288-90 FILE #: aRJECT.- WASTE MATERIAL BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-288-90 be received for information. 2 . THAT the attached Waste Material By-law be passed. REPORT: 1 . Within the last couple of years there have been many complaints with respect to illegal dumping of waste on private properties . This problem will get worse given the high tipping fee charged for solid waste disposal at the Landfill site. The By-law Enforcement Officers cannot deal with these complaints as these matters are beyond the authority under the Property Maintenance By-law. 2 . As a result, a new by-law to deal with this matter is necessary. The attached by-law was subsequently drafted and has been reviewed and concurred with by the Town Solicitor. . . .2 11z REPORT NO. : PD-288-90 PAGE 2 3. Staff respectfully recommend Council to approve the by-law. Respectfully submitted, Recommended for presentation to the Committee Llf Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief A istrative and Development Officer FW*jip *Attach 12 September 1990 59 9 � � THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 90- being a By-law respecting the deposit of and retention of certain waste on lands in the Town of Newcastle WIIEPMAS Section 210 of the Municipal Act R.S.O., 1980, Chapter 302, provides in part as follows: 210 By-Laws may be passed by the councils of local municipalities: 74. For requiring and regulating the filling up, draining, cleaning, clearing of any grounds, yards and vacant lots and the altering, relaying or repairing of private drains. 76. For prohibiting the throwing, placing or depositing of refuse or debris on private property or on property of the municipality or any local board thereof without the authority from the owner or occupant of such property. 77. For making any other regulation for sewage or drainage that may be considered necessary for sanitary purposes. 129. For prohibiting, or regulating and inspecting the use of nay land or structures within the municipality or any defined area or areas thereof for dumping or disposing of garbage,refuse, or domestic or industrial waste of any kind. (a) A By-law under this paragraph: i. may establish a schedule of fees chargeable upon inspection of such regulated land or structures; ii. may require the owners,lessees,or occupants of such land or structures at the expense of the owners, lessees or occupants, to cease using such land or structures for such purposes, whether or not such land or structures where so used before the passing of the by-law; iii. may define industrial or domestic waste. (b) A by-law under this paragraph does not apply to the use of any land or structures by a municipality. 130. For prohibiting or regulating and inspecting the use of any land or structures for storing used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal. NOW THE RE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. In this By-law: (a) "domestic waste" means any article, thing, matter or effluent that is or appears to be waste material and(1) to have belonged to or to belong to any member of a household whether or not such member resides in a dwelling house located on the same lands as those on which the"domestic waste"is located or (2)to be or to have been installed in or associated with a dwelling house, or the occupants of a dwelling house, wherever located,and without limiting the generality of the foregoing,the term"domestic waste" includes the following classes of waste material: i. accumulations, deposits,leavings, litter,remains, rubbish and trash; ii. refrigerators,freezers or other appliances; iii. furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks; iv. inoperative motor vehicles,derelict motor vehicles and vehicle parts and accessories; V. paper and cartons; A. furniture; vii. crockery;and viii. sewage 599 1 � j - 2 - (b) "industrial waste"means any article, thing, matter or effluent that is or appears to be waste material (1) produced by or resulting from or used in connection with the operation of any industry, manufacture or commerce whether or not such industry, manufacture or commerce is located or (2) concerns, relates to or results from any trade, business, calling or occupation and, without limiting the generality of the foregoing, the term"industrial waste"includes the following classes of waste material: L articles, things, matter or effluent which in whole or in part or fragments thereof are derived from or are constituted from or consist of: (a) agricultural,animal,vegetable,paper,lumber, or wood products; or (b) mineral, metal or chemical products, whether or not the products are manufactured or otherwise processed; ii. automotive parts, inoperative motor vehicles, derelict vehicles, vehicle parts,mechanical equipment, mechanical parts,accessories or adjuncts to the vehicles and mechanical equipment; iii. piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; iv. containers of any size, type or composition; V. material resulting from or as part of construction or demolition projects; vi. rubble, inert fill; vii. bones,feathers,hides; and viii. sewage. (c) "inoperative motor vehicle" means a vehicle having missing parts, including tires or damage or missing glass or deteriorated or removed metal parts which prevent its mechanical function. (d) "Inspector"means a Town employee assigned the responsibility of a Municipal By-law Enforcement Officer, to enforce this By-law and other by-laws of the Town and designated as a Municipal By-law Enforcement Officer by by-law. (e) "owner" except where the context indicates otherwise, means an owner, lessee, or occupant of land. (f) "person" means an individual, business or corporate entity. (g) "Senior Municipal By-law Enforcement Officer" means the Town employee who is assigned the responsibility to enforce this By-law and other by-laws of the Town and is designated as the Senior Municipal By-law Enforcement Officer by by-law; (h) "sewage" includes any liquid waste containing human, vegetable, or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated,but not include roof water or storm run-off. (i) "Town" means the Corporation of the Town of Newcastle. 0) "waste material" means any material or effluent that in the opinion of the Senior Municipal By-law Enforcement Officer or an Inspector: L appears to have been cast aside, or discarded or abandoned; or ii, appears to be worthless or useless or of no practical value; or iii. appears to be used up, in whole or in part or expended or worn out in whole or in part. X9 91D - 3 - 2. (1) No person shall throw, place or deposit refuse or debris on private property which is not Town property,without the written authority of the owner of the property. (2) No person shall throw,place, or deposit refuse or debris on Town property without the written authority of the Town and where such property is lawfully occupied by a person other than the Town, without the written authority of the occupant in addition to that of the Town. 3. (1) Except as provided in Section 2, every owner, lessee or occupant shall clean and keep his land clear of all garbage, refuse, domestic and industrial waste of every kind that is prescribed by the Senior Municipal By-law Enforcement Officer or an Inspector by written notice to such owner, lessee or occupant pursuant to Section 5 of this By-law. (2) No person shall use any land or structures within the Town for dumping or disposing or storage of garbage, refuse or domestic waste or industrial waste of any kind. (3) None of the provisions of subsections (1) and (2) shall apply in respect of lands or structures on which dumping, storage, keeping or disposing of things and material referred to in those subsections is permitted by By-law 84-63 as amended, and the Environmental Protection Act R.S.O. 1980, Chapter 141, as amended. 4. No person shall use any land or structure in the Town for the storing of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal except those lands and structures on which such use is permitted by By-law 84-63 as amended. 5. (1) The Senior Municipal By-law Enforcement Officer or Inspector may, by notice sent by registered post addressed to the owner, lessee or occupant within the time specified in the notice; (a) to clean, clear or remove from the land or structure the garbage, refuse or domestic waste or industrial waste as required by this By-law; (b) to cease using the land or structure for the dumping or disposing of garbage, refuse or domestic waste or industrial waste contrary to this By-law; and (c) to cover over,screen,shield or enclose the garbage,refuse or the domestic waste or industrial waste in the manner prescribed by the Senior Municipal By-law Enforcement Officer or the Inspector in the notice. (2) Every notice sent pursuant to subsection (1) shall identify the land or structure. (3) Every notice to an owner or lessee shall be sent to the address shown on the last revised assessment roll or to the last known address of such person of which the Town Clerk has knowledge. (4) Every notice sent to an occupant shall be sent to the address to the land or structure in question, or to the last known address of such person of which the Town Clerk has knowledge. (5) The Senior Municipal By-law Enforcement Officer or an Inspector may inspect the use of any land or structure for the purpose of determining whether, (a) the land or structure is used for dumping or disposing of garbage, refuse, domestic waste or industrial waste of any kind contrary to the By-law; (b) the land or structure is used for the storing of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or disposal; (c) the owner,lessee or occupant has complied with any notice sent by the Senior Municipal By-law Enforcement Officer or an Inspector pursuant to this By- law. (6) Every owner,lessee or occupant shall permit the Senior Municipal By-law Enforcement Officer or an Inspector to inspect the land or structure for the purpose set out in subsection (1). 59912. 6 - 4- 6. (1) Where the owner,lessee or occupant is in default of doing the matter or thing required to be done under this By-law, the Senior By-law Enforcement Officer or the Inspector may: (a) remove the garbage, refuse, debris, domestic waste or industrial waste in question; (b) cover over, screen, shield or enclose domestic waste or industrial waste; or (c) remove used motor vehicles stored for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal. (2) Where any of the matters or things are removed in accordance with subsection (1),the matters or things may be immediately disposed of by the Senior Municipal By-law Enforcement Officer. (3) The Town shall recover the expense of disposing of or removing a matter or thing pursuant to subsections (1) and (2) by action, or in like manner as municipal taxes. 7. Every owner, lessee or occupant who is in contravention of any provisions of this by-law is guilty of an offence and liable to a fine or not more than$2,000.00. 8. By-law 74-46 is hereby repealed. 9. Should any provision of this By-law be found by a court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-law shall not be affected thereby,the intent of Council being that each provision of this By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. BY-LAW read a first time this day of 1990 BY-LAW read a second time this day of 1990 BY-LAW read a third time and finally passed this day of 1990 MAYOR CLERK 5 9911