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4. UPDATE OF SOLID WASTE
MANAGEMENT By-law |
Committee recommendation
That Council
enact a by-law similar in form to the Draft Solid Waste By-law contained in
Attachment 1, effective on 01 September 2006.
Recommandation du Comité
Que le Conseil adopte un règlement,
semblable dans sa forme à l’avant-projet de règlement sur les déchets solides
inclus dans Attachement 1, pour entrée en vigueur le 1er
septembre 2006.
Documentation
1. A/Deputy City Manager's report (Public
Works and Services) dated 14 June 2006 (ACS2006-PWS-UTL-0017).
2. Attachment 1 – Draft Solid Waste Management By-law was previously
distributed to all members of Council and is held on file with the City Clerk.
3. Extract of Draft Minute, 27 June 2006 (Follows
the French version of this report and available in English only).
Documents
1. Rapport du Directeur municipal adjoint par intérim, Services et Travaux Publics,
daté le 14 juin, 2006 (ACS2006-PWS-UTL-0017).
3. Extrait de l’ébauche du procès-verbal,
le 27 juin 2006 (Suit la version française de ce rapport, et disponible en
anglais seulement).
Report
to/Rapport au :
Comité de l’urbanisme et de l’environnement
and Council / et au Conseil
14 June 2006 / le 14 juin 2006
Submitted by/Soumis par : R.G. Hewitt
Acting Deputy City Manager /
Directeur municipal adjoint par intérim
Public Works and Services / Services
et Travaux publics
Utility Services Branch / Services publics
(613) 580-2424, 22609, ken.brothers@ottawa.ca
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SUBJECT: |
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OBJET : |
That the Planning and Environment Committee recommend Council enact a by-law similar in form to the Draft Solid Waste By-law contained in Attachment 1, effective on 01 September 2006.
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil d’adopter un règlement, semblable dans sa
forme à l’avant-projet de règlement sur les déchets solides inclus dans Attachement 1, pour entrée en vigueur le 1er
septembre 2006.
The City currently administers a residential waste and recycling collection system and a pilot Yellow Bag system for certain businesses in the commercial sector. In addition, the City owns two waste disposal sites, Trail and Springhill, for residential, industrial, commercial and institutional waste disposal. The Springhill landfill is currently contracted to Tomlinson Environmental Ltd. (Tomlinson) for operational services. The Trail Waste Facility also has a composting facility accommodating approximately one-third of the City’s leaf and yard waste collected through the residential waste collection system.
The waste collection and disposal systems are currently governed through two by-laws, Part 10 of the Regional Municipality of Ottawa-Carleton Regulatory Code (RRC) and Regional By-law No. 44-96 which was not repealed through the last update to the RRC. Since there were no major changes to this service due to amalgamation, these by-laws were not included in the 2003 harmonization by-law initiative undertaken by Transportation, Utilities and Public Works Department. The City’s current operating contract with Tomlinson does not allow for City input into the rates set at the Springhill site and thus this revised by-law will not apply to that site.
Authority for this by-law is provided in the Municipal Act, 2001 which specifically allows municipalities to pass by-laws within the waste management sphere. The revisions introduce language consistent with current service levels in a format consistent with current City by-laws. As a result of introducing this by-law, the former Regional By-law No. 44-96 and the old Part 10 of the RRC will be repealed.
The vast majority of the by-law has not substantially changed. However, the terminology has been updated and reviewed to ensure enforcement action could be taken under the Provincial Offences Act, if required. The following section discusses the proposed changes to the by-law.
The powers and responsibilities of the Deputy City Manager (DCM) of Public Works and Services were modified to reflect current service level needs. Aside from the normal administrative and emergency powers, it is recommended that the DCM be delegated the authority to decide whether waste collection can be effected in a safe manner and designate new types of non-collectable and recyclable materials for waste collection purposes. Through this delegation, Solid Waste Services can react more efficiently. Amendments to the by-law will continue to be required for normal by-law consolidation efforts and to reflect major changes in service delivery (i.e. implementation of Source Separated Organics).
For some time, residents have been required to purchase and supply their own additional blue and black box recycling containers from local retailers. This operational practice has now been formalized within the by-law.
Following Council approval of the Yellow Bag program on 10 May 2006, the by-law contains the elements of the approved program, more specifically the $3.00 fee per garbage bag, operational limits and levels of service for the delivery of residual waste, recyclables and leaf and yard waste collection to the approved participants.
The by-law sets out the eligibility requirements for participation and makes participation in the City’s collection of recyclable materials and leaf and yard waste a condition of continuing receipt of residual waste collection.
Fees for Municipal Solid Waste
Collection
The by-law reflects the current four (4) bag
residential container limit and the eight (8) bag container limit for
participants within the Yellow Bag program.
The current by-law provides for a four (4) bag
set out limit for residential garbage collection. However, the average set out city-wide is actually under two
bags. The Integrated Waste Management
Master Plan (IWMMP) Phase Two Design Options Report approved by Council on 24 September 2003 (http://ottawa.ca/calendar/ottawa/citycouncil/occ/2003/09-24/esc/ACS2003-TUP-UTL-0019%20final.htm), provides the authority for
decreased bag limit for residential waste collection. The need for increased container limits was most recently highlighted
during the presentation of the IWMMP Strategic Service Delivery Update report
approved by Council on 13-15 July 2005.
Staff recommends a new three (3) bag limit to commence as of 15 January
2007.
Due to the amount of infilling development
occurring within Ottawa, staff have found that truck access to collection
locations on residential streets has been challenged. For this reason, staff has put a new onus on developers to notify
the City of this lack of access and consequential placement of residential
waste at alternate and temporary collection locations to allow for more
efficient collection services.
The new by-law will be effective as of 1
September 2006, which will allow sufficient time for new short form wording to
be prepared and approved by the Ontario Superior Court for enforcement
purposes.
Staff acknowledges that the legislative framework within which municipal solid waste management systems operate, may undergo further changes due to the enactment of changes to the Environmental Protection Act and the Waste Diversion Act, 2002. Staff will continue to monitor the need for changes to this by-law to reflect evolution of the legislative framework.
The continual need to update and revise the Solid Waste Management By-law remains a key element in the Integrated Waste Management Master Plan. The by-law promotes a regulatory strategy of encouraging placement of acceptable wastes and recyclable materials in approved containers on the appropriate collection days, setting of bag and container limits within the waste collection system and acceptance of only designated materials at the Trail Waste Facility.
The provisions of the Solid Waste Management By-law will continue to apply to rural residents and registered businesses that participate in the Yellow Bag program, as well as any wastes generated in the rural area and disposed of at the Trail Waste Facility.
Due to the fact that the by-law contains relatively few changes, with the exception of the Yellow Bag Program which was previously approved by Council, staff did not conduct any additional consultation on the enclosed by-law.