The Regional Municipality of Peel
By-law number 35-2015

2.1

"Accessory Dwelling Unit" means a basement apartment, granny flat, work-living unit or any other Dwelling Unit located on the same property as an existing Dwelling Unit such as within or adjacent to such existing Dwelling Unit.

2.2

"Agencies, Boards, Commissions and Departments" or "ABCDs" means the buildings and facilities occupied by the Region and Area Municipalities including, but not limited to City/Town Halls, recreation centres, libraries, etc., as well those buildings occupied by the local conservation authorities, which receive Waste collection as provided by the Region or its Contractor.

2.3

"Animal Waste" means feces from any household pet including, but not limited to, dogs and cats, and also includes all material that has come into direct contact with the feces and all material contaminated with the feces.

2.4

"Area Municipalit[y][ies]" means the municipality of the City of Mississauga, and/or the City of Brampton, and/or the Town of Caledon.

2.5

"Ashes" means the solid residue of any household fuel after such fuel has been consumed by fire, but does not include soot.

2.6

"Automated Collection Method" means the collection of Waste or Waste from Carts using a fully-automated or semi-automated collection system and does not include the manual emptying of Carts.

2.7

"Biomedical Waste" means human anatomical waste, Animal Waste, non-anatomical waste, other waste and cytotoxic waste that is generated by:

1. Human health care and residential facilities; or
2. Animal health care facilities; or
3. Medical research and teaching establishments; or
4. Veterinary research and teaching establishments,

and includes, but is not limited to tissues, organs, body parts, blood and blood products, body fluids, human or animal cultures, stocks or specimens, live or attenuated viruses, cell lines, sharps, and broken glass.

2.8

"Biweekly" means the collection of specified Waste material Set Out at the curbside for Collection, once every two weeks on the Scheduled Collection Days.

2.9

"Biweekly Cart Standard" means the maximum allowable volume of separated Waste (Garbage, Organics and/or Recyclables that may be Set Out on the Owner/Occupier's correct collection week without being Tagged, as determined by the Commissioner from time to time as required.

2.10

"Bulky Item" means a household item other than a White Good, which is larger than 1 metre (39 inches) in any one dimension or weighs in excess of 20 kilograms (44 pounds), including furniture of whatever size and weight as may be determined by the Commissioner. Includes, but is not limited to the items listed in Schedule "A" to this by-law.

2.11

"Business Improvement Area" or "BIA" means an area designated by municipal by-law under the Municipal Act, 2001 S.O. 2001, c. 25, or any successor legislation, by the City of Mississauga, the City of Brampton or the Town of Caledon. Includes Dwelling Units and places of business as set out in the areas defined in Schedule "B" to this by-law.

2.12

"Cart" means a Waste Container approved by the Commissioner that is provided to residents and is designated for the Automated or semi-Automated Collection Method and that remains the property of the Region throughout the life of the cart.

2.13

"Christmas Trees" means natural (as opposed to artificial) evergreen trees, wreaths and boughs which must be placed at a Collection Point as scheduled by the Region.

2.14

"Collection Point" means the part of the property eligible to receive services either abutting the property and as close as possible to the edge of the roadway without obstructing the roadway or sidewalk and not extending beyond the frontage of the property that has been designated by the Commissioner for the setting out and collection of Bulky Items, Garbage, Organics, Recyclable Materials, White Goods.

2.15

"Commercial" means a property used for retail or service establishments, commercial recreational purposes, entertainment purposes or offices and includes non-residential property, non-industrial property and non-Institutional property.

2.16

"Commercial/Residential Strip Plaza" means, for assessment purposes, a property composed of five or more separate outlets, where goods or materials are kept for sale or offered for sale to the general public or where services are provided, with on-site, off-street parking and includes residential accommodation on the second storey or above the second storey.

2.17

"Commissioner" means the Commissioner of Public Works for The Regional Municipality of Peel, or his or her designate, authorized to act on his or her behalf.

2.18

"Compostable Bag" means:

1. a liner bag certified as compostable by either the Bureau de Normalisation du Quebec and/or the Biodegradable Products Institute under the American Society for Testing and Materials Standard Specification for Compostable Plastics (ASTM D6400) used for placement in an Organics Cart or any successor certified process approved by the Commissioner; or
2. a Kraft Paper Bag used to store Yard Waste; or
3. another acceptable liner bag as may be determined by the Commissioner.

2.19

"Contractor" means any individual, firm, company or corporation and the employees of any such individual, firm, company or corporation with whom the Region has entered into an agreement for the collection of Waste.

2.20

"Council" means The Council of The Regional Municipality of Peel.

2.21

"Curbside Collection" means the collection of Waste in Proper Receptacles from an approved Collection Point.

2.22

"Current Allowable Volume of Waste" means the maximum amount of Waste, calculated in cubic yards, for Multi-residential Complexes or Commercial/Residential Strip plazas, as determined by the Commissioner from time to time as required.

2.23

"Dwelling Unit" means a place of residence designed or intended for habitation by one (1) or more persons with its own culinary and sanitary facilities which are provided for the exclusive use of the person or persons who reside therein.

2.24

"Exemption Periods" means a prescribed number of times per year at dates designated by the Commissioner when an Occupier/Owner may Set Out Garbage Receptacles in addition to a Garbage Cart in excess of that normally collected on the Scheduled Collection Day.

2.25

"Front-End Bin" means:

1. a fully covered, water-tight metal container with a lid capable of being locked to the body of the container and with a capacity no less than 1.5 cubic metres (2 cubic yards) and no greater than 4.5 cubic metres (6 cubic yards) which is compatible with the Contractor's Waste Front-End collection vehicles for the provision of recycling collection service; or
2. such other containers, in good working order or determined by the Commissioner as acceptable for setting out Recyclable Materials or Waste.

2.26

"Front-End Collection" means the collection of Waste by means of a front-end collection vehicle.

2.27

"Garbage" means Waste other than Recyclable Materials, Organics, Municipal Hazardous and Special Waste, White Goods, Bulky Items, Yard Waste and Non-Complying Waste.

2.28

"Garbage Cart" means a reusable automated or semi-automated wheeled cart with a grey lid supplied by and the property of the Region for the Biweekly collection of Garbage as described below:

1. a small wheeled 120 litre (35 U.S. Gallon) cart;
2. a medium wheeled 240 litre (65 U.S. Gallon) cart;
3. a large wheeled 360 litre (95 U.S. Gallon) cart; or
4. such other volume capacity cart as determined by the Commissioner as acceptable.

2.29

"Garbage Receptacle" means:

1. a front-end loading container with a lid capable of being locked to the body of the container, Carts, roll-off container, lugger bin, compactor unit, rear packer bin, side loading bin and any other containers as designated by the Commissioner for the collection of Garbage at Multi-residential Complexes or in Business Improvement Areas; or
2. a non-returnable plastic bag with a width no greater than 66 centimetres (26 inches);
   1. with a height no greater than 90 centimetres (36 inches);
   2. having the capability to be securely closed or tied when filled;
   3. durable to support a weight of no more than 20 kilograms (44 pounds) when lifted, without tearing;
   4. with a width no smaller than 30 centimetres (12 inches); and
   5. with a height no smaller than 30 centimetres (12 inches),

and does not include a Recycling Cart, Yard Waste Receptacle or an Organics Cart.

2.30

"Hazardous Waste" shall have the meaning attributed to it in R.R. O. 1990 Regulation 347, as amended, but shall exclude single use dry-cell batteries that are eligible for Collection by the Region from time to time.

2.31

"Home Health Care Waste" means the items referred to in Schedule "C" used for personal home health care.

2.32

"Illegal Dumping" or "Illegally Dump" means the disposal of Waste on Private Property or Public Property by a person or persons who is neither an Owner nor an Occupier of the said property.

2.33

"Industrial" means those properties, developments and redevelopments zoned as industrial.

2.34

"Industrial or Commercial Waste" means Waste originating from:

1. any business;
2. an enterprise or activity involving warehousing, storage, or industrial, manufacturing, or commercial processes or operations;
3. research or experimental enterprise or activity;
4. an enterprise or activity where goods or materials are kept for sale, or offered for sale, to the general public;
5. hotels and motels;
6. clinics that provide medical, cosmetic surgery, dental or veterinary diagnosis or treatment;
7. laboratories or hospitals or
8. construction or demolition projects, or large home renovations.

2.35

"Institutional" means those properties, developments and redevelopments zoned as institutional.

2.36

"Institutional Waste" includes, but is not limited to, Waste generated in a building that is a Non-Profit Community Agency such as a seniors home, group home, Licensed Lodging House, place of worship, day care, community shelter, school, or community college and university residence, Regional or Area Municipality property, or the property of the Crown in Right of Ontario or the Crown in Right of Canada or any emanations thereof and any other facilities as designated by the Commissioner.

2.37

"Kraft Paper Bag" means a compostable paper bag designed and manufactured specifically to store Organics or Yard Waste.

2.38

"Licensed Lodging House" means a house or building or portion of these, approved by a municipality, where four or more people are living and where the occupants do not have exclusive access to kitchen facilities and all habitable areas of the building. It does not include a hotel, hospital, nursing home, home for the young or the aged or an institution of a hotel, hospital or home.

2.39

"Local Board" means a local board as defined in the Municipal Affairs Act, R.S.O. 1990, c. M.46, or any successor legislation, insofar as its authority may be exercised by the Region.

2.40

"Litter" means debris, refuse, or Waste discarded outside the regular Collection Point or lying scattered about the area.

2.41

"Multi-residential Complex" means an apartment building, condominium complex, townhouse complex, co-op complex, Licensed Lodging House, or other similar residential complex containing more than six (6) self-contained Dwelling Units.

2.42

"Municipal Hazardous" or "Special Waste" includes but is not limited to the items referred to as Municipal Hazardous or Special Waste in Schedule "D", and any other Waste material identified as Municipal Hazardous or Special Waste by the Region as determined by the Commissioner.

2.43

"Non-Complying Waste" means the Waste items referred to in Schedule "E."

2.44

"Non-Profit Community Agency" means a non-profit organization that is classified as such by the Canada Revenue Agency, or its successor, that is involved in programs that assist or improve the quality of life in the Region and that carries on activities without pecuniary gain that perform a function of benevolence, vocational training, or charity; or that organizes community activities such as agricultural fairs, parades, festivals and/or celebrations that allow for unrestricted public access, such as Canada Day picnics, Multi-Cultural Day celebrations and Communities in Bloom events.

2.45

"Non-Recyclable Materials" means any Waste or material that is not Recyclable Materials.

2.46

"Occupier" means an occupier as defined in the Occupiers' Liability Act, R.S.O. 1990, c. O2, or any successor legislation, and includes:

1. a person who is in physical possession of a premises; or
2. person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises and includes, but is not limited to, property managers, property superintendents, facility custodians and tenants;

despite the fact that there is more than one Occupier of the same premises.

2.47

"Officer" means a person appointed by a by-law of the Region or any Area Municipality in the Region as a By-law Enforcement Officer.

2.48

"On-Site Waste Collection" means the collection of Waste from Receptacles and waste storage areas on Private Property or Public Property.

2.49

"Organics Cart" means:

1. a reusable container supplied by and the property of the Region for the weekly collection of Source Separated Organics with the capacity of 100 litres 32 U.S. gallons); or
2. a container purchased by the Owner/Occupier which is a Compostable Bag; or

such other container determined by the Commissioner as acceptable for setting out Organics for collection.

2.50

"Owner" means a person who is an owner of any land or building but includes, but is not limited to, developers.

2.51

"Over Flow Materials" refers to the Waste materials Set Out for collection outside of the Carts on the Scheduled Collection Day.

2.52

"Pathological Waste" means pathological waste as defined in R.R.O. 1990, Reg. 347, as amended.

2.53

"Paper Liner" means a bag or liner constructed of easily compostable paper including cellulose lined paper bags.

2.54

"Private Property" means any land or building that is privately owned and is not owned by an Area Municipality, a Local Board, the Region, or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof, unless it is leased to a person or corporation not listed above.

2.55

"Proper Receptacle" means a Garbage Cart, Recycling Cart or an Organics Cart supplied by and the property of the Region or an approved Owner/Occupier supplied Yard Waste Receptacle.

2.56

"Public Property" means any land or building that is owned by an Area Municipality in the Region, a Local Board, the Region, or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof.

2.57

"Receptacles" means roll-off containers, lugger bins, compactor units, rear packer units, side loading bins, Front-End Bins, and Carts.

2.58

"Recyclable Materials" means any Waste or material designated by the Commissioner for the Region's Recycling Program. This includes, but is not limited to, the items referred to in Schedule "G" and any other Waste identified as recyclable by the Region as determined by the Commissioner.

2.59

"Recycling Receptacle" means

1. Cart having a blue lid used for the Biweekly Curbside Collection of Recyclable Materials as described below:
   1. a small wheeled 120 litre (35 U.S. Gallon) cart, or
   2. a medium wheeled 240 litre (65 U.S. Gallon) cart, or
   3. a large wheeled 360 litre (95 U.S. Gallon) cart, or
   4. any other volume capacity cart as determined by the Commissioner as acceptable; or
2. Carts suitable for fully or semi-automated Collection; or
3. Front-End Bins; or
4. a clear or transparent blue plastic bag no larger than 76.2 centimetres (30 inches) wide and 90 centimetres (36 inches) in length and capable of supporting a weight of no more than 20 kilograms (44 pounds).
   

2.60

"Region" means The Regional Municipality of Peel.

2.61

"Residential Unit" means a self-contained residential Dwelling Unit permitted by law that is a:

1. single-detached residence;
2. semi-detached residence;
3. unit in a duplex, triplex, four-plex, five-plex or six-plex; or
4. a unit in an apartment building, condominium complex, townhouse complex, co-op complex or other similar residential complex containing six or fewer Dwelling Units;

but does not include a hotel, motel, restaurant or an Accessory Dwelling Unit.

2.62

"Residential Waste" means Waste that is discarded for collection that originates from a Residential Unit or unit in a Multi-residential Complex and includes, but is not limited to Bulky Items, White Goods, Yard Waste, Source Separated Organics, Garbage, Wood Waste and Recyclable Material.

2.63

"Scavenge" means to pick over, sort through, collect, interfere with, disturb or remove any Waste Set Out for collection, whether contained in receptacles or otherwise for the purpose of personal gain.

2.64

"Scheduled Collection Day" means a day of Residential, BIA and ABCD Waste collection for a particular geographic area within the Region as determined by the Commissioner.

2.65

"Set Out" means to place, cause or permit the placement of Waste at any location on Private Property or Public Property for the purpose of collection.

2.66

"Small Business Collection" means public Waste collection service provided to small businesses, small Commercial residences and small non-profit enterprises that exist within residential neighbourhoods on established residential waste collection routes, provided they comply with the requirements of the Region's residential Curbside Collection Program, subject to the approval of the Commissioner.

2.67

"Source Separated Organics" means source separated Organics derived from plant or animals including kitchen food waste and any other Organic material collected separately for the purpose of processing, including but not limited to composting into a beneficial use product, as determined by the Commissioner and identified in Schedule "F."

2.68

"Tag" means a sticker, tab, tie or label approved by the Commissioner for the purpose of identifying Garbage Receptacles for collection.

2.69

"Tagged" means having attached a Tag to a Garbage Receptacle.

2.70

"Waste" includes anything discarded from any source, including but not limited to, Garbage, Recyclable Materials, Organics, White Goods, Bulky Items, Yard Waste, and Non-Complying Waste such as Litter, Hazardous Waste and Municipal Hazardous or Special Waste.

2.71

"Waste Electrical and Electronic Equipment" means the waste electrical or electronic equipment referred to in Schedule "E", as defined in O. Reg. 393/04, as amended, and/or by the Commissioner.

2.72

"Waste Enclosure" means a structure consisting of an area whose site plan has been reviewed and approved by the respective Area Municipality and that has been enclosed for externally-stored waste, as defined in the Regional publication entitled "Waste Collection Design Standards Manual" as amended from time to time, with the following specifications:

1. for a single bin enclosure, a 3 metre (10 feet) clearance at the opening; or
2. for a double bin enclosure with two gates, an opening of 6 metres; or
3. if four gates are proposed on a double bin enclosure, then an opening of 4 metres is required for each bin; and
4. outside gates on the enclosure that swing open 135 degrees; and
5. all gates that can be secured in the open position; and
6. sufficient screened space for the storage and set out of Bulky Items and White Goods.

2.73

"White Goods" means the items listed in Schedule "H."

2.74

"Wood Waste" means the items referred to as wood waste in Schedule "I" and any other Waste material identified as wood waste by the Region as determined by the Commissioner.

2.75

"Yard Waste" means the items referred to as Yard Waste in Schedule "J", and any other Waste material identified as Yard Waste by the Region as determined by the Commissioner.

2.76

"Yard Waste Receptacle" means:

1. a labelled, open and reusable rigid container having:
   1. rigid handles that are attached or moulded to the exterior of the container;
   2. a capacity of less than 125 litres (27.5 imperial gallons);
   3. an external width no greater than 60 centimetres (24 inches);
   4. an external height no greater than 95 centimetres (38 inches);
   5. capable of supporting a weight of no more than 20 kilograms (44 pounds); or
   6. such other container determined by the Commissioner as acceptable for setting out Yard Waste for Curbside Collection;
   7. excludes blue and grey boxes originally intended for the collection of recyclables; or
2. a Kraft Paper Bag specifically designed for Yard Waste and:
   1. with a width no greater than 66 centimetres (26 inches);
   2. with a height no greater than 90 centimetres (35 inches);
   3. have the capability to be securely closed or tied when filled; and
   4. durable to support a weight of 20 kilograms (44 pounds) when lifted without tearing; or
3. a re-usable bushel basket capable of supporting 20 kilograms (44 pounds) when lifted; or
   1. a compostainer meaning:
   2. a plastic bin supplied by and the property of the Region and equipped with wheels which is compatible with the Region's Contractor for the provision of Yard Waste collection services; and
      having a capacity of less than 242 litres (64 imperial gallons).

3.1

LIMITS ON COLLECTION

1. Residential Units containing an Accessory Dwelling Unit is considered an additional Dwelling Unit on the same property and as such is not to receive Waste collection service under the Region's Biweekly Cart Standard for the Set Out of Waste for that property as determined by the Commissioner.
2. Subject to subsection 3.1 (d), no Owner/Occupier shall Set Out more than a combination of one Organics Cart and a one Garbage Cart alternating every other week with one Organics Cart and one Recycling Cart per Residential Unit per Scheduled Collection Day.
3. Public Waste collection service shall be provided to small businesses, small Commercial residences and small non-profit enterprises that exist within residential neighbourhoods on established Residential Waste collection routes, provided they comply with the requirements of the Region's Residential Waste curbside collection program, subject to the approval of the Commissioner.
4. An Occupier/Owner may Set Out Garbage Receptacles in excess of the Biweekly Cart Standard described in subsection 3.1 (b), provided that those excess Garbage Receptacles have been Tagged.
5. The Commissioner, from time to time, subject to the approval of Council, may set fees or charges for the purchase of Tags.
6. There shall be no limit on the amount of Bulky Items, bagged Recyclable Material, Source Separated Organics and Yard Waste, which may be Set Out by the Occupier/Owner provided the Occupier/Owner complies with all the relevant provisions of this By-law, or as approved by the Commissioner.
7. There shall be no limit to the amount of White Goods.

3.2

EXEMPTION TO GARBAGE COLLECTION

1. The Region, three (3) times per year, shall provide an Exemption Period to the limit described in subsections 3.1 (b) and 3.1 (c) on the Scheduled Garbage Cart Collection Day. During which time, the Occupiers/Owners are permitted to Set Out a combination of Garbage Receptacles per Residential Unit per Scheduled Garbage Cart Collection Day in excess of the limits described in subsection 3.1 (b).
2. The Commissioner, from time to time, may modify the prescribed number and duration of Exemption Periods per year.
   

3.3

PLACEMENT OF CURBSIDE RESIDENTIAL WASTE MATERIAL

1. Every Occupier/Owner shall Set Out Residential Waste in an approved Receptacle on a scheduled Biweekly Scheduled Collection day on Public Property, as close as possible to the travelled portion of the public highway or roadway, directly adjacent to the Private Property of the Occupier/Owner, directly accessible to waste collection vehicles and without obstructing the travelled portion of the roadway, sidewalk or footpath.
2. Every Occupier/Owner shall ensure that any Cart set out for collection, is placed so that there is at least 1.0 metre (3 feet) of clearance on each side of the Cart and is at least 5.0 metres (16.4 feet) clearance above the Cart.
3. Every occupier/Owner shall ensure that no Waste Receptacle is set out for collection on top or behind any snow bank exceeding 0.3 metres (1 foot) in height in an area in which such Waste is placed is clear of snow and ice to provide for ready and safe access by the Region's collection contractor.

3.4

TIME RESTRICTIONS OF CURBSIDE RESIDENTIAL WASTE MATERIAL SET OUT

1. No Occupier/Owner shall Set Out Residential Waste prior to 7:00 p.m. on a day immediately preceding a Scheduled Collection Day, or later than 7:00 a.m. on a Scheduled Collection Day.
2. Every Occupier/Owner shall ensure that all receptacles and all uncollected Waste is removed from the Collection Point at which it was Set Out no later than 8:00 p.m. on the Scheduled Collection Day.
3. Notwithstanding subsections 3.4 (a) and 3.4 (b), no Occupier/Owner located within a Business Improvement Area designated by an Area Municipality shall Set Out Waste Receptacles prior to 7:00 p.m. on a day immediately preceding a Scheduled Collection Day, or later than 10:00 a.m. on a Scheduled Collection Day and shall ensure that all receptacles and all uncollected Waste is removed from the Collection Point at which it was Set Out no later than 3:00 p.m. on the Scheduled Collection Day.
   

3.5

FREQUENCY OF GARBAGE COLLECTION SERVICE

1. The Region shall collect Garbage Carts once every two weeks on a Biweekly Collection Schedule from Residential Units and Multi-residential Complexes that receive Cart collection on the Scheduled Collection Day or as approved by the Commissioner.
2. The Region shall collect Garbage bags once per week from identified bag based collection complexes on the Scheduled Collection Day or as approved by the Commissioner.
3. The Region shall collect Garbage twice per week from Residential Units, Multi-residential Complexes, Institutional and ABCDs that receive Front-End Collection on the Scheduled Collection Day or as approved by the Commissioner.
4. The Region shall collect Garbage in the Business Improvement Areas of the Area Municipalities that receive Cart collection service on the Scheduled Collection Day or as approved by the Commissioner.

3.6

FREQUENCY OF RECYCLING COLLECTION SERVICE

1. The Region shall collect Recyclable Materials every two weeks on a Biweekly Collection Schedule from Residential Units, Multi-residential Complexes, Institutional and ABCDs and schools that receive Curbside Collection on the Scheduled Collection Day or as approved by the Commissioner.
2. The Region shall collect Recyclable Materials once per week from, Multi-residential Complexes, Institutional and ABCDs and schools that receive Front-End Collection on the Scheduled Collection Day or as approved by the Commissioner.
3. The Region shall collect Recycling once per week in the Business Improvement Areas of the Area Municipalities that receive Cart collection service on the Scheduled Collection Day or as approved by the Commissioner.

3.7

FREQUENCY OF YARD WASTE COLLECTION SERVICE

1. The Region shall collect Yard Waste once per week from Residential Units and Multi-residential Complexes in the Cities of Mississauga and Brampton commencing on a date as determined by the Commissioner in March and during the months of April, May, June, October, November and ending on a date in December as determined by the Commissioner on a Scheduled Collection Day or as approved by the Commissioner.
2. The Region shall collect Yard Waste once every two weeks from Residential Units and Multi-residential Complexes in the Cities of Mississauga and Brampton during the months of July, August and September on the Scheduled Collection Day or as approved by the Commissioner.
3. The Region shall collect Yard Waste once every two weeks from Residential Units and Multi-residential Complexes in areas that form part of the urban settlement areas and rural subdivisions in the Town of Caledon that receive Curbside Collection commencing on a date as determined by the Commissioner in March and during the months of April, May, June, July, August, September, October, November and ending on a date in December as determined by the Commissioner on a Scheduled Collection Day or as approved by the Commissioner.
4. The Region, at a minimum eight times per year, four times in the Spring and four times in the Fall, shall collect Yard Waste from Residential Units and Multi-residential Complexes in rural areas in the Town of Caledon that receive Curbside Collection, on such dates as approved by the Commissioner.
5. The Region shall collect Christmas Trees from Residential Units and Multi-residential Complexes that receive waste collection services by the Region during a week in January as determined by the Commissioner on the Scheduled Collection Day. Christmas Trees will be collected from Multi-residential Complexes as scheduled by the Region or as approved by the Commissioner.

3.8

FREQUENCY OF SOURCE SEPARATED ORGANICS COLLECTION SERVICE

1. The Region shall collect Source Separated Organics no more than once per week from Residential Units and Multi-residential Complexes that receive Curbside Collection on the Scheduled Collection Day or as approved by the Commissioner.

3.9

FREQUENCY OF BULKY ITEM COLLECTION SERVICE

1. The Region shall collect Bulky Items Bi-weekly from Residential Units and Multi-residential Complexes that receive Waste collection services by the Region on the Scheduled Collection Day or as approved by the Commissioner.

3.10

WHITE GOODS COLLECTION SERVICE, TERMINATION OF SERVICE

1. The Region shall collect White Goods up to and including June 30, 2016 provided that the Occupier/Owner has scheduled an appointment and paid the appropriate fee(s) in advance and the Occupier/Owner has received confirmation from the Region of a collection date or as approved by the Commissioner.
2. The Region shall cease to provide White Goods collection services beyond June 30, 2016. All White Goods collection services will end as of July 1, 2016.

4.1

No Occupier/Owner shall be eligible to receive On-Site Waste Collection services unless the Occupier/Owner complies with all relevant requirements contained in this By-law, the Area Municipality site plan and Waste Enclosure approvals and the Region's site plan review contained in the "Waste Collection Design Standards Manual", as amended from time to time by the Commissioner.

4.2

The Region shall not provide On-Site Waste Collection unless the Occupier/Owner has received the required site plan approvals from the respective Area Municipality and has executed an Application for Private Property Waste Collection Services and an Acknowledgement and Release for Private Property Waste Collection Services, and any other documents required by the Region and the Area Municipalities, in a form satisfactory to the Commissioner.

4.3

The Region shall not be required to provide waste collection services for a Multi-residential Complex where Council has by resolution approved a request for private waste collection in respect of such Multi-residential Complex.

4.4

Every Owner of a Multi-residential Complex or an Agency, Board, Commission or Department is required to ensure proper participation in the Region's recycling program and that recycling is as convenient to each resident as the garbage collection program by:

1. providing Occupiers with specific instructions and Region-supplied reusable recycling bags for the purpose of transporting Recyclable Materials from Residential Units to the Proper Receptacles for recycling;
2. posting the Region's recycling instructions in prominent locations;
3. maintaining an Occupier-accessible recycling area;
4. providing sufficient Proper Receptacles for Garbage, Organics, and Recyclable Material, provided those materials are collected by the Region at that site; and
5. preventing contamination of the recycling stream by locking the cover lid of Front-End Bin Recycling Receptacles at all times except on the Scheduled Collection Day.

4.5

Every Occupier/Owner shall at all times maintain adequate vehicular access to their property for the purposes of On-Site Waste Collection, including, but not limited to removing snow, ice and other hazards.

4.6

Every Occupier/Owner is required to have Front-End Bins accessible by the waste collection vehicle as of 7:00 a.m. on the designated collection day by:

1. unlocking the cover lid of Front-End Bin Recycling Receptacles;
2. properly placing the Front-End Bin Waste Receptacles at the designated Collection Point;
3. ensuring that access to the Front-End Bin Waste Receptacles are not blocked by obstructions, including, but not limited to parked vehicles, snow and Bulky Items; and
4. ensuring that on-site Front-End Bins can be collected in a safe manner by addressing work safety issues including, but not limited to, unsecured trap doors, overloaded containers and improper Waste disposal.

4.7

Except for purposes of Set Out for collection, Front-End Bin Recycling Receptacle lids must be locked at all times and must be locked immediately after collection.

4.8

Every Occupier/Owner will be required to move Front-End Bin Waste Receptacles during collection where required due to site restrictions as determined by the Commissioner. The Region will not be responsible for emptying waste containers that are not accessible to the collection vehicle.

4.9

Every Occupier/Owner is required to conduct daily inspection of on-site Front-End Bin Waste Receptacles to:

1. prevent contamination of the recycling stream by ensuring that Non-Recyclable Materials are removed from Recycling Receptacles;
2. correct and/or prevent overflowing or overloaded containers;
3. maintain Front-End Bin Waste Receptacles and compaction equipment in good and operable condition;
4. remove Recyclable Materials from Garbage Receptacles; and
5. close and secure Front-End Bins and Semi-Automated Cart lids to prevent wind-blown Litter.

4.10

PLACEMENT OF ON-SITE WASTE MATERIAL

1. On-Site Waste Collection shall be carried out at designated Collection Points as approved by the Area Municipality in which the site is located, or as approved by the Commissioner.
2. Every Occupier/Owner and its agents shall ensure Yard Waste and Christmas Trees are placed at curbside close to the entrance of the Multi-residential Complex, directly accessible to waste collection vehicles and without obstructing the travelled portion of the roadway, sidewalk or footpath for Curbside Collection as scheduled by the Region for Multi-residential Complexes that receive Front-End Bin On-site Waste Collection. Yard Waste and Christmas Trees will not be collected if placed inside Front-End Bin Waste or Recycling Receptacles.

4.11

On-Site Waste Collection shall not be provided to Industrial, Commercial or Institutional establishments, except as may be approved by the Commissioner, and on such terms and conditions relating to fees and charges subject to the approval of Council and as otherwise required.

5.1

No Occupier/Owner shall Set Out Non-Complying Waste either on its own or mixed with any Waste.

5.2

The Region or its agents shall not collect Non-Complying Waste.

6.1

GENERAL

1. No Occupier/Owner shall Set Out Residential Waste which is not contained in a Proper Receptacle.
2. No Occupier/Owner shall Set Out Waste in a Proper Receptacle which is:
   1. emitting a foul or offensive odour;
   2. harbouring rats or other vermin;
   3. packed in such a manner that Waste exceeds the height of the receptacle; or
   4. packed in a rigid receptacle where a device has been used to secure the lid unless the device is removed by the Occupier/Owner prior to collection or with the approval of the Commissioner.
3. Every Occupier/Owner to whom a Cart has been provided by the Region shall:
   1. ensure such Cart is kept in good condition, and not in a condition that is noxious, offensive or dangerous to public health;
   2. ensure the safekeeping of such Cart;
   3. promptly notify the Region if such Cart is lost or stolen;
   4. be responsible for the cost of repairing or replacement of such Cart if it is damaged, through the negligence of the Occupier or Owner, or if the damage or loss is not covered by warranty;
   5. promptly return each Cart to the Region of Peel upon request; and
   6. leave the Carts with the property should the Occupier/Owner sell or move from the property
4. No Occupier/Owner shall Set Out Waste contained in:
   1. paint cans;
   2. Receptacles which are smaller at the top than at the bottom;
   3. Receptacles having a lid which is attached to the container and which cannot be easily and completely removed to facilitate collection;
   4. cardboard receptacles, save and except as provided for in Section 7.10;
   5. Carts not approved or suitable for fully or semi-Automated collection provided by and the property of the Region in designated Collection Points;
   6. Proper Receptacles of a type which have not been approved by the Commissioner;
   7. any Receptacle from which Waste cannot be conveniently fully or semi-automated collected having regard to such matters as safety of the operator and efficiency of collection;
   8. Front-End Bins that do not have working lids or compactor doors that are not securely closed and locked as determined by the Commissioner;
   9. rigid receptacles utilized for yard waste collection that do not have rigid handles that are attached or moulded to the exterior of the receptacle; or
   10. kitchen containers provided by the Region for the purpose of indoor storage of Organics prior to Curbside Collection in an approved Organics Receptacle.
5. No Occupier/Owner shall Set Out Waste in a Proper Receptacle which exceeds the allowable weight and dimensions of that Proper Receptacle.

6.2

GARBAGE RECEPTACLES

1. No Occupier/Owner shall Set Out a Garbage Receptacle unless it contains only Garbage.
2. No Occupier/Owner shall Set Out Garbage which is not contained in a Garbage Receptacle approved by the Commissioner.
3. No Occupier/Owner shall Set Out Recyclable Materials, Organics, White Goods, Yard Waste, Municipal Hazardous or Special Waste or Non-Complying Waste in a Garbage Receptacle.
4. Over Flow Garbage Materials shall be Set Out in plastic bags as described in 2.29 (b) with Tags affixed to the plastic bags and Set Out outside of the Garbage Cart on a Scheduled Collection Day.

6.3

RECYCLING RECEPTACLES

1. No Occupier/Owner shall Set Out a Recycling Receptacle unless it contains only Recyclable Materials.
2. No Occupier/Owner shall Set Out Recyclable Materials which are not contained in a Recycling Receptacle approved by the Commissioner for Set Out.
3. No Occupier/Owner shall Set Out Recyclable Materials contained in grocery bags, shopping bags and/or non-transparent plastic bags save and except for plastic film, recyclable plastic bags and overwrap which is free of any contents/empty and placed in one tied plastic bag.
4. Over Flow Recyclable Materials shall be Set Out in plastic bags as described in 2.59 (d) Set Out outside of the Recycling Cart on the Scheduled Collection Day.

6.4

SOURCE SEPARATED ORGANICS CARTS

1. No Occupier/Owner shall Set Out an Organics Receptacle unless it contains only Source Separated Organics or any other material as approved by the Commissioner.
2. No Occupier/Owner shall Set Out Source Separated Organics which are not contained in an Organics Receptacle approved by the Commissioner for Set Out.
3. No Occupier/Owner shall Set Out Source Separated Organics that are contained in a Paper Liner other than paper or certified Compostable Bags.
4. No Occupier/Owner shall Set Out Source Separated Organics in non-compostable plastic bags.
5. No Occupier/Owner shall Set Out an Organics Receptacle with a plastic bag taped or otherwise secured to the Organics Receptacle.
6. Over Flow Source Separated Organics shall be Set Out in a certified Compostable Bag outside of an Organics Cart Set out for collection on a Scheduled Collection Day. Kraft Paper Bags for yard waste are not permitted for Over Flow Source Separated Organics.

6.5

YARD WASTE RECEPTACLES

1. No Occupier/Owner shall Set Out a Yard Waste Receptacle unless it contains only Yard Waste as defined in Schedule "J".
2. No Occupier/Owner shall Set Out Yard Waste which is not contained in a Yard Waste Receptacle approved by the Commissioner for Set Out, save and except Christmas Trees and tree or shrub limbs.
3. No Occupier/Owner shall Set Out Yard Waste in a plastic bag, cardboard box or Recycling Receptacle.

7.1

Subject to subsection 7.4 and 7.5, no Occupier/Owner shall Set Out more than the Biweekly Cart Standard of Garbage Receptacles or Current Allowable Volume of Waste per Residential Unit per Scheduled Collection Day.

7.2

Garbage collected from a Multi-residential Complex or from the residential Dwelling Units in a Commercial/Residential Strip Plaza using On-Site Waste Collection, in excess of the Current Allowable Volume of Waste may be subject to a collection fee to be determined from time to time by the Commissioner, subject to the approval of Council.

7.3

The Region shall not be required to collect Garbage from a Multi-residential Complex or from the residential Dwelling Units in a Commercial/Residential Strip Plaza using On-Site Waste Collection, in excess of the Current Allowable Volume of Waste described in subsection 7.2, where the fee referred to therein has not been paid in a manner as determined by the Commissioner, subject to Council approval.

7.4

An Occupier/Owner may Set Out Garbage Receptacles in excess of the Biweekly Cart Standard described in subsections 3.1 (d) and 7.1, provided that those excess Garbage Receptacles have been Tagged.

7.5

An Occupier/Owner of a Multi-residential Complex may Set Out Garbage Receptacles in excess of the Current Allowable Volume of Waste described in subsection 7.1, provided that the applicable fee described in subsection 7.2 has been paid to the Region in a manner as determined by the Commissioner, subject to the approval of Council.

7.6

The Commissioner may, from time to time, subject to the approval of Council, set fees or charges for the purchase of Tags, and may declare Exemption Periods during which Occupier/Owners are permitted to Set Out Garbage Receptacles or Garbage for On-Site Waste Collection in excess of the limits described in subsections 3.1(d), 7.1 and 7.2.

7.7

No Occupier/Owner shall Set Out Waste in a manner that it may be blown by the wind from the Cart and all lids for any such Carts must be completely closed when Set Out for a Scheduled Collection Day.

7.8

No Occupier/Owner shall set out Front-End Bins or Carts in a manner that the Waste exceeds the height level of the sides of the Garbage Receptacle preventing the lid from being securely closed.

7.9

Notwithstanding subsection 6.2, Occupier/Owners shall comply with the following conditions when Setting Out Bulky Items that do not fit into a Garbage Receptacle:

1. Textile floor coverings such as carpet, underpad or area rugs must be securely tied into compact bundles of no more than1.2 metres (4 feet) in length, 0.76 metres (2.5 feet) in width and height and not exceeding 20 kilograms (44 pounds) in weight, or
2. Bulky Items excluding those items listed in subsection 7.9(a) must be of a weight and dimension to be able to fit into the collection vehicle in a safe and efficient manner.

7.10

No Occupier/Owner shall Set Out corrugated cardboard unless it has been flattened and placed in the proper Recycling Cart.  Plastic wrapping and polystyrene packaging materials must be removed and separated from the corrugated cardboard.

7.11

No Occupier/Owner shall Set Out tree and shrub limbs unless the limbs are no more than 10 centimetres (4 inches) in diameter, no longer than 1.2 metres (4 feet) in length and are securely tied into compact bundles no more than 20 kilograms (44 pounds) in weight.

7.12

No Occupier/Owner shall Set Out a Christmas Trees unless it is less than 3 metres (10 feet) in length and free of all accessories, decorations and plastic wrap.

7.13

No Occupier/Owner shall Set Out White Goods unless all doors and Waste have been removed, all residual liquids have been drained and the Occupier/Owner has contacted the Region's Customer Contact Centre, paid the required fees and received confirmation of a collection date and Set Out those White Goods on the collection date as scheduled by the Region.

7.14

No Occupier/Owner shall Set Out Home Health Care Waste as indicated in Schedule C unless the following conditions are met:

1. it is placed in a separate, sealed, leak-proof bag that is placed within a Garbage Receptacle, and
2. the Animal Waste represents not more than the lesser of:
   1. 10 per cent of the contents of the Garbage Receptacle, or
   2. 10 litres in volume.

7.15

No Occupier/Owner shall Set Out Home Health Care Waste as indicated in Schedule C unless the following conditions are met:

1. it is double-bagged,
2. placed inside a Garbage Receptacle, and
3. all tubes, filters and bags are emptied and rinsed.

7.16

Notwithstanding subsection 6.2, no Occupier/Owner shall Set Out Wood Waste unless the Wood Waste is broken down and fits into the Garbage Receptacle with a closed lid.

7.17

Every Occupier/Owner of a Residential Unit, a Multi-residential Complex, a Commercial or Institutional establishment shall separate all Organics, Recyclable Materials, Yard Waste, Bulky Items, and White Goods from Garbage where the Region provides such Waste collection service.  Those Occupier/Owners who do not separate Waste as described in this By-law are not eligible to receive any Waste collection services.

7.18

No Occupier/Owner shall Set Out Hazardous or Municipal Hazardous or Special Waste but will take it to a Community Recycling Centre or an approved retailer for proper disposal.

7.19

The Commissioner may determine that Occupiers/Owners who do not participate fully in the Region's Waste Management programs or services or who sell or otherwise transfer Waste to individuals other than the Region are not eligible to receive any Waste collection services.

8.1

Notwithstanding subsection 7.1, Bulky Items may be Set Out on a Scheduled Collection Day.

9.1

Notwithstanding subsection 3.3 and 4.10, the Commissioner may designate a location at which the Waste from any Residential Unit or Multi-residential Complex where the Region provides collection services or all other locations for collection by the Region shall be Set Out and may also determine the method of collection, by notice in writing, sent by ordinary mail to the Occupier/Owner of such Private Property as shown on the last assessment roll.

9.2

Where the Commissioner has designated the Set Out location pursuant to subsection 9.1, no Occupier/Owner shall Set Out Waste other than at that location.

9.3

No person shall Illegally Dump Waste upon Private Property unless that person is the Occupier/Owner of the Residential Unit or Multi-residential Complex from which the Waste originates.

9.4

Waste Set Out shall be determined to have been Set Out by the Occupier/Owner of the Residential Unit directly adjacent to the location where the Waste is found.  In the case of a Multi-residential Complex, Waste Set Out shall be deemed to have been Set Out by the Occupier/Owner of the Multi-residential Complex.

9.5

No person shall Set Out, place, discard or cause Waste to be placed on Public Property other than as provided for herein.  Illegal Dumping of Waste placed or discarded upon Public Property other than as provided herein is deemed to be owned by the person identified in any form of evidence obtained from the Waste.

10.1

All persons involved in the creation of Industrial, Commercial or Institutional Waste shall make provision for on-site, private Waste removal unless another provision has been made with the Commissioner.

11.1

Every Occupier/Owner of a Commercial/Residential Strip Plaza, except a residential tenant, shall make provision for on-site, private Waste removal unless another provision has been made with the Commissioner.

11.2

No Occupier/Owner of a Commercial/Residential Strip Plaza shall Set Out Industrial, Commercial or Institutional Waste with Residential Waste in an On-Site Waste Collection Receptacle collected by the Region or the Contractor.

12.1

Occupier/Owners of Agencies, Boards, Commissions and Departments shall separate all Source Separated Organics, Recyclable Materials, Yard Waste, Bulky Items, Wood Waste and White Goods from Garbage where the Region provides such Waste collection service.  Those Occupier/Owners who do not separate Waste as described in this By-law are not eligible to receive any Waste collection services.

13.1

Waste collection services for new Residential Units will only commence after an occupancy permit has been issued by the Area Municipality and the Dwelling Unit is occupied.

13.2

The Region will not collect Waste from unoccupied Residential Units.

14.1

No person other than the Region, its employees, the Occupier/Owner who Set Out the Waste, or other persons authorized by law to do so, shall pick over, sort through, collect, interfere with, disturb or remove any Waste Set Out for collection, whether contained in receptacles or otherwise.

14.2

Subsection 14.1 shall not apply to the Contractor or employees of the Contractor while in the course of carrying out duties that are necessary and required pursuant to an agreement with the Region for the collection of Waste.

14.3

Unless otherwise authorized by the Region in writing, no person shall Scavenge any Waste that has been Set Out for collection.

15.1

Where any person contravenes any provision of this By-law, the Commissioner, or any Officer may, by written notice delivered by personal service, require such person to comply with this By-law within the time specified in the notice.  

15.2

Every such notice shall identify the provision that the person has breached, and indicate how that person is in breach of such provision.

15.3

Every person to whom a notice has been delivered shall comply with such notice without delay and within the time specified in the notice calculated from the delivery of such notice.

15.4

Where a person does not comply with a notice issued pursuant to subsection 15.3, the Commissioner may perform or carry out that which is required to be done or cause it to be performed or carried out at that person's expense.

15.5

Where Waste is removed from Private Property or Public Property pursuant to subsection 15.4 of this By-law, the Commissioner may immediately dispose of it

15.6

The Region may recover all costs associated with the actions taken to do that which is required to effect compliance with this By-law plus interest from the day the Region incurs such costs and ending on the day the costs, including the interest is paid in full. All costs, including any interest on such costs, recoverable by the Region pursuant to this By-law or otherwise pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 or any successor legislation, may be recovered by any lawful means available to the Region, and such recovery methods may include adding such amounts to the tax roll and collecting such amounts in the same manner as taxes. 

15.7

The provisions of this By-law shall not relieve any person from compliance with any provisions of the Health Protection and Promotion Act, R.S.O. 1990, c.H.7, or any successor legislation, and any order of the Medical Officer of Health or any other provision prescribed by law.

15.8

The Region shall not be obligated to collect any Waste that is not Set Out as prescribed by this By-law.

15.9

The Region may, at the discretion of the Commissioner and upon written notification, suspend Waste collection where Occupier/Owners Set Out Waste for collection which is not in compliance with the provisions of this By-law.

15.10

The Region shall not be obligated to collect Residential Waste from properties adjacent to a private, unassumed road, unless there is clear, unobstructed access to such road, sufficient, unobstructed turnaround space for the Waste collection vehicles, and adequate, unobstructed access to a public highway or roadway, all of which shall be determined by the Commissioner in his or her sole and absolute discretion.

15.11

No Occupier/Owner shall Set Out Waste except as permitted by this By-law.

15.12

Every person who contravenes any of the provisions of this By-law or who obstructs or attempts to obstruct the Officer or employee or agent of the Municipality in carrying out his or her duties under this By-law is guilty of an offence and is liable, upon conviction, to a maximum fine as established pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, or any successor legislation. 

15.13

An offence shall be deemed to occur on each day for which a contravention of this By-law occurs or continues.

15.14

The Commissioner, at his or her sole discretion, may waive strict compliance with any provision of this By-law, save and except for items relating to fees and charges, which must be approved by Council and as otherwise required.

16.1

The Commissioner is delegated the authority by Council to establish, amend, replace or repeal any policies, procedures, guidelines, standards and manuals including, without limitation, the Waste Collection Design Standard Manual, as are necessary for the proper administration of this By-law, provided always that such policies and procedures are consistent with the provisions of this By-law.

16.2

The Schedules to this By-law form an integral part of this By-law.

16.3

This By-law may be referred to as the Region of Peel Waste Collection By-law.

16.4

Any reference to a statute is to such statute and to the regulations made pursuant to it, as such statute and regulations may at any time be amended or modified and in effect, and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations.

16.5

If any provision of this By-law is declared invalid for any reason by a court of competent jurisdiction, only that invalid portion of the By-law shall be severed and the remainder of the By-law shall still continue in force.

16.6

This By-law shall come into force and effect as from January 1, 2016.