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The Rural Municipality of Mountain
BY-LAW NO. 05/18
BEING A BY - LAW OF THE RURAL MUNICIPALITY OF MOUNTAIN TO ESTABLISH AND OPERATE THE SOLID WASTE MANAGEMENT SYSTEM.
WHEREAS Subsection 250(2)(c) of The Municipal Act [S.M. 1996, c.58] empowers a municipality to 'acquire, establish, maintain and operate services, facilities and utilities;
AND WHEREAS Subsection 252(1)(a) of The Municipal Act authorizes a municipality to set terms and conditions in respect of users including: 'setting the rates or amounts of deposits, fees and other charges, and charging and collecting them;
AND WHEREAS the Council of the Rural Municipality of Mountain deems it expedient and in the best interests of the Municipality to establish and operate a Solid Waste Management System.
NOW THEREFORE, the Council of the Rural Municipality of Mountain, hereby enact as follows:
1. DEFINITIONS
Commercial Property - shall mean a parcel of land in which one or more rooms in a building are designed to provide goods and/or services.
Institutional Property - shall mean properties where the principal use is heath care, residential care, education, recreation or public assembly and shall include, but is not limited to, hospitals, personal care homes, elderly housing, schools, child care facilities, arenas and rinks, community centres, clubs, halls and religious institutions.
Residential Property - shall mean a parcel of land in which a building or portion of building is designed for residential occupancy.
2. CLASSES OF WASTE
Agriculture Waste - shall mean excess materials derived from Agricultural activities and without limiting the generality of the foregoing shall include but is not limited to crop residues, herbicides, pesticides, fertilizers and like materials from all Agricultural pursuits.
Asbestos - shall mean a friable waste material containing asbestos fibre or asbestos dust in a concentration greater than 1% by weight.
Ashes - shall mean the cold residue resulting from the burning of a substance.
Bulky Materials - means large items of a household nature including but not limited to furniture, stoves, refrigerators, mattresses and bicycles.
Compostable Materials - means a combination of food waste and brown waste that is being decomposed through aerobic decomposition into rich black soil, including but not limited to leaves, grass clippings and food scraps.
Construction/Demolition Waste - shall mean a mixture of waste building materials and rubble resulting from construction, remodeling, renovations, repairs, demolition or fire in buildings and other structures and includes but is not limited to glass, lumber, plaster, concrete, drywall, shingles, siding, electrical and plumbing fixtures and piping or any combination thereof. Construction/Demolition waste may be re-classified as ashes, combustible, excavation, metallic or recyclable wastes provided said construction/demolition waste is separated as per the classifications defined in this section.
Contaminated Soil - shall mean any soil which has been polluted with an organic or inorganic contaminant in excess of standards prescribed or adopted by the Minister, and that has caused, is causing, or may cause an adverse effect.
Electronic Waste - shall mean items including but not limited to televisions, VCR's, DVD players, computers, printers, stereo's, telephones and fax machines.
Excavation Waste - shall mean natural soil, earth, sand, gravel, asphalt, concrete and stone, or any parts or mixtures thereof.
Garbage - shall be used interchangeably with the definition 'Household Waste'.
Hazardous Waste - shall mean a substance that is designated a hazardous waste by regulation under The Dangerous Goods Handling and Transportation Act and shall include fluorescent bulbs.
Hospital and Pharmaceutical Waste - shall mean waste generated as hospitals, clinics, pharmacies, veterinary clinics, dentist offices and includes, but not limited to used needles, drugs, dressings, excluding pathological waste.
Household Waste - shall mean waste other than, recyclables, compostables, burnables and any other prohibited waste as per the RM of Mountain Acceptable Waste Policy.
Metallic Waste - shall mean but is not limited to derelict vehicles (drained of any fluids), appliances and any other items, goods or things that are comprised entirely or mostly of metal substance or substances.
Pathological Waste - shall mean any part of the human body excepting hair, nail clippings and the like, any part of a dead animal infected with a communicable disease, and non-anatomical waste infected with a communicable disease.
Recyclable Materials - shall mean any items of household waste that is eligible for funding under the Manitoba Product Stewardship Program and the Municipality deems it expedient to separate from the waste system.
Waste - shall mean any substance that would cause or tend to cause an adverse effect if added to the environment, and includes garbage, recyclables, compostables, refuse, sludge, rubbish, tailings, debris, litter and other discarded materials resulting from residential, commercial, institutional and industrial activities which are commonly accepted at a Waste Disposal Facility but excludes wastes from industrial activities which are regulated by an approval issued by the Minister.
Waste Oil - shall mean waste crankcase, transmission and gear oil.
3. REMOVAL AND DISPOSAL HOUSEHOLD OF WASTE
Persons occupying residential properties or landowners within the Rural Municipality of Mountain shall be allowed to dispose a total of two (2) garbage bags per week, not to exceed a size of 121L.
Persons occupying commercial properties within the Rural Municipality of Mountain shall be allowed to dispose a total of six (6) garbage bags per week, not to exceed a size of 121L.
Persons occupying institutional properties within the Rural Municipality of Mountain shall be allowed to dispose a total of ten (10) garbage bags per week, not to exceed a size of 121L.
The allowable limit of garbage bags may be increased by purchasing household waste stickers at the Municipal Office or Waste Disposal Attendant as per fee schedule attached hereto in Schedule 'A'. Each household waste sticker is not reusable or refundable and will only allow the disposal of one (1) extra garbage bag, not to exceed 121L.
The Rural Municipality of Mountain may at its sole discretion waive the requirement for the provision of a sticker on the third and each additional bag of household waste for a set period of time or date.
Unlimited amounts of recyclable material, as per RM of Mountain Acceptable Waste Policy, will be permitted at Waste Disposal Facilities and curbside collection at no cost.
No person shall deposit, or cause to be deposited, waste upon any public or private property within the Municipality.
4. WASTE DISPOSAL FACILITIIES
Waste may only be deposited at the waste disposal facilities on the days and during such hours of operation as set forth in Schedule 'A' attached hereto.
All persons using the Waste Disposal Facility shall follow the directions provided by the Waste Disposal Attendant including leaving the facility at the request of the Waste Disposal Attendant.
Waste must be sorted and deposited at the location specified by the Waste Disposal Attendant, failure to do so may result in refusal of entry.
Only waste permitted at the Waste Facility, as per the RM of Mountain Acceptable Waste Policy shall be deposited at the appropriate waste facility.
5. CURBSIDE COLLECTION
Curbside collection will be provided for the residents of the LUDs at the discretion of the LUD committees.
The Municipality may contract with owners and occupiers whose properties are ineligible for municipal collection pursuant to this By-Law, to provide collection of their waste.
Allowable waste for curbside collection, as per RM of Mountain Acceptable Waste Policy, shall be placed for collection in containers by 8:00 a.m. on waste collection days, immediately adjacent to the front property line and easily accessible from the street. Garbage that is not set out in time for collection will not be collected. At no time will the public works make provision to go back and pick up garbage that was not put out on time.
All property owners shall keep all areas where garbage and recycling are to be placed clear of snow and litter, in such a manner suitable for manual pick up. Non-compliance will result in refusal of weekly garbage collection.
Recyclable material shall be placed in a blue recycling box.
The owner or occupier of any premises shall cause same to be kept free of wastes. All waste shall be contained or enclosed in disposal bags inside a secure enclosure ensuring it is protected from weather, rodents, birds, wildlife and pets. No loose or unbagged garbage, refuse or rubbish will be collected. No garbage placed in a blue recycling box will be accepted.
The Rural Municipality of Mountain may enter upon any such property for the purposes of removing any wastes allowed to continue thereon contrary to this By-Law and the cost of such removal may be recovered from the owner and added to the tax roll of the subject property and collected in the like and same manner as property taxes.
No person shall place waste for collection on a property other than a property owned or occupied by that person or a property which that person has obtained the consent of the owner or occupier, any person caught doing so will be subject to a fine described in Section 8.
6. PROHIBITED WASTE
Allowable waste and recyclables (within the bag limit) will be accepted at no charge only from rate payers or residents of the Rural Municipality of Mountain. Waste that is generated from outside the Rural Municipality of Mountain may be collected at a rate set forth in Schedule 'A' attached hereto.
No person shall place or cause to be placed or permit to place any waste at or adjacent to any Waste Disposal Facility when the facility is not open or when the Waste Disposal Attendant refuses to accept any loads or items of waste.
No person shall dispose of any class of waste in an unauthorized or illegal manner.
7. RIGHT OF ENTRY
The Rural Municipality of Mountain may enter upon any premises for any purpose related to the administration and enforcement of this By-Law.
8. OFFENCES AND PENALTIES
Any fees or fines imposed under this By-Law on a resident or property owner shall be invoiced by the RM of Mountain, and payable within 30 days. All invoices not paid after 30 days are subject to interest as per outstanding accounts receivable policy. Any outstanding invoices, fines or penalties are an amount owing to the Municipality and may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act.
Any fees or fines imposed under this By-Law on businesses or contractors shall be invoiced by the RM of Mountain and payable with 30 days after such are subject to interest as per outstanding accounts receivable policy. All invoices not paid after 30 days will be in default of payment and barred from entry into any waste disposal facility. Any outstanding invoices, fines or penalties are an amount owing to the Municipality and may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act.
Any persons who fails, refuses or neglects to comply with any provision of this By-law is guilty of an offence and is liable to a fine of not more than five hundred dollars ($500.00) for the first offence and not exceeding one thousand dollars ($1,000.00) for each subsequent offense plus costs.
The Rural Municipality of Mountain reserve the right to discontinue any waste collection service until compliance requirements are met.
The Rural Municipality of Mountain will have final authority in the case of any dispute.
THAT By-Law 08/17 and any other by-laws inconsistent herewith be hereby repealed.
DONE AND PASSED as a By - Law of The Rural Municipality of Mountain, at Birch River, in the Province of Manitoba, this 27th day of June, A.D. 2018.
______________________________
Marvin Kovachik
Reeve
______________________________
Paige Larocque
Chief Administrative Officer
Read a first time this 13th day of June, A.D. 2018.
Read a second time this 13th day of June, A.D. 2018.
Read a third time this 27th day of June, A.D. 2018.
Schedule 'A' to By-Law No. 05/18
Waste Disposal Facilities: Hours of Operation
MAFEKING: Transfer Station
Wednesday: 11:00 a.m. - 6:00 p.m.
Saturday: 8:00 a.m. - 12:00 p.m.
BIRCH RIVER: Transfer Station
Wednesday: 9:00 a.m. - 5:00 p.m.
Saturday: 9:00 a.m. - 5:00 p.m.
COWAN: Waste Disposal Facility
Wednesday: 9:00 a.m. - 12:00 p.m.
Saturday: 9:00 a.m. - 12:00 p.m.
PINE RIVER: Waste Disposal Facility
Wednesday: 9:00 a.m. - 12:00 a.m.
Saturday: 9:00 a.m. - 1:00 p.m.
If regular day of opening falls on a statutory holiday, site is to be open on the following day or any other day at the discretion of Council.
Waste Fee Schedule
Rate Payer/Resident
Fee
Residential = 2 bags/week
$0.00
Commercial = 6 bags/week
$0.00
Institutional = 10 bags/week
$0.00
Additional Bags
$3.00
Any Bags for Non-Residents
$5.00
Construction/Demolition Materials
(Only Accepted at Waste Disposal Facilities NOT Transfer Stations)
All construction materials such as concrete, shingles, siding etc. that are not recyclable shall be billed as follows:
½ Ton Load
$ 25.00
Tandem Load
$ 50.00
Semi Load
$100.00
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