PROVINCE OF QUEBEC

CITY OF POINTE-CLAIRE

BY-LAW NUMBER PC-2746

BY-LAW CONCERNING THE COLLECTION,
REMOVAL AND DISPOSAL OF REFUSE
AND RECYCLABLE MATERIALS

In force on April 1st, 2008

AT THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF POINTE-CLAIRE HELD AT THE CITY HALL, 451 SAINT-JEAN BOULEVARD, POINTE-CLAIRE, QUEBEC, ON MONDAY, NOVEMBER 26, 2007 AT 7:45 P.M.

PRESENT : His Worship the Mayor Mr. Bill McMurchie and councillors P. Bissonnette, R. Geller, J.-P. Grenier, A. Iermieri, J.R. Labbé, D. Smith, E. Sztuka and M. Trudeau, being all members of Council.

AMONGST OTHER BUSINESS TRANSACTED AT SAID MEETING, WAS THE FOLLOWING:

BY-LAW NUMBER : PC-2746

Resolution number : 2007-516

PROPOSED BY COUNCILLOR GELLER

SECONDED BY COUNCILLOR SMITH

AND RESOLVED:

WHEREAS a notice of motion of the present by-law has been given beforehand.

CONSEQUENTLY THE MUNICIPAL COUNCIL DECREES AS FOLLOWS:

SECTION 1 INTERPRETATION AND ADMINISTRATION

1. In this by-law, unless the context indicates otherwise:

“Multi-family building” means a building containing nine (9) or more dwelling units;

“Management” means either the Public Works Department or the Public Security Division;

“Commercial establishment” means a building or part of a building occupied by a person maintaining a commercial activity;

“Industrial establishment” means a building or part of a building occupied by a person exercising an industrial activity;

“Institutional establishment” means a place of worship, educational, libraries, governmental administration establishments, municipal or community buildings or equipment or organizations that emanate from them, excluding health establishment covered by the Law on the health services and the social services (L.R.Q.,C. s-4.2).

“Recyclable materials″ means the material in column A of article 22.

“Person in charge” means:

a) in the case of a multi-family building: the owner of the building;

b) in the case of a collection unit, other than a multi-family building: the owner of the unit or, if it is not occupied by its owner, the person who concluded an agreement with the owner to occupy the unit;

“Collection unit” means a dwelling unit or an institutional establishment;

“Dwelling unit” means a unit of a dwelling space in which one or more persons reside together, to which there is an access from the outside either directly or through a common space, without going through another dwelling unit and provided with a bathroom and facilities for preparing meals, eating and sleeping;

2. Management is responsible for the application of this by-law.

SECTION 2 REFUSE COLLECTION

3. A refuse collection service is established for residential buildings containing less than nine (9) dwelling units, multi-family buildings and institutional establishments for the territory of the City.

4. The City Council determines, by resolution, the frequency and the days and time of the collections.

5. The days and time of the collections are advertised in a public notice.

6. Refuse must, at all times, be kept in closed containers.

7. The following is not collected by the City:

a) hazardous waste as defined in the Hazardous Waste by-laws, enacted under the Environment Quality Act, as they read at the time of coming into force of the present by-law, further modifications that are made to this definition of hazardous waste form part of the present by-law as if they had been adopted by the City of Pointe-Claire and come into force on the date determined by the City within the terms of a resolution for which the adoption is subject to a public notice in conformity to the law;

b) biomedical waste as defined in the Biomedical Waste by-laws, enacted under the Environment Quality Act, as they read at the time of coming into force of the present by-law, further modifications that are made to this definition to the list of biomedical waste form part of the present by-law as if they had been adopted by the City of Pointe-Claire and come into force the date determined by the City within the terms of a resolution for which the adoption is subject to a public notice in conformity to the law;

c) recyclable materials;

d) construction materials and waste from demolition or of any renovation;

e) ashes from foundries or industrial or factory furnaces;

f) motor vehicles and motor vehicle parts;

g) excavation and construction materials such as soil, sand, stone, rock, asphalt, cement;

h) refuse that is not placed in an acceptable container as defined in article 8;

i) refuse from any commercial and industrial establishment.

8. An acceptable container is:

a) A portable, waterproof, metal or plastic container that meets the following specifications:

I. its capacity or volume does not exceed 100 litres (3.5 cubic feet);

II. it is fitted with a waterproof metal or plastic cover;

III. it is equipped with suitable metal or plastic handles for handling;

IV. the address of its owner is inscribed on one of its sides;

V. it is clean, dry and in good condition.

b) A heavy duty polyethylene bag not exceeding 66 cm X 91 cm (26 in. X 36 in.) with a minimum thickness of 0.40 mm (0.016 in.) is only permitted for residential buildings other than a multi-family building.

9. The City will not collect a container:

a) if the weight exceeds 25 kg. (55 pounds);

b) that is filled to more than 76.2 mm (3 in.) from the top.

10. Notwithstanding article 7, the City will collect:

a) branches not exceeding 5 cm (2 in.) in diameter, that are tightly tied up in bundles not exceeding 1.25 m (4 ft) in length and 0.60 m (2 ft) in diameter;

b) residential (except multi-family buildings), construction or renovation refuse not exceeding 0.60 m X 1.25 m (2 ft X 4 ft) that may be collected by two people in less than five minutes;

c) used furniture and appliances (televisions, refrigerators, freezers, washers, dryers, stoves, etc.);

d) Christmas trees;

e) cold ashes placed in a separate acceptable container.

11. Refuse consisting of animals waste must be tightly wrapped in newspaper or other wrapping material and placed in an acceptable container.

12. Notwithstanding article 8, refuse from a multi-family building must be placed in one or more closed waterproof containers, made of steel, of a maximum capacity of 6.12 cubic metres (8 cubic yards) and designed to be mechanically emptied by the back loader of a refuse collection vehicle.

(by-law PC-2746-1 Article 1, adopted April 22, 2009)

13. On each collection day, the City will only collect:

a) For a residential building other than a multi-family building:

I. 6 acceptable containers, or

II. 6 bundles of branches, or

III. 1 combination of the 6 units contemplated in paragraphs I. and II.

b) For a multi-family building, any container or combination of containers described in article 12 obtained by multiplying the number of dwelling units by 0.3 cubic metres (0.39 cubic yard).

(by-law PC-2746-1 Article 2, adopted April 22, 2009)

c) For an institutional establishment, any container or combination of containers for which the volume does not exceed 1080 litres.

14. The person in charge must ensure the removal, at their own expense, any refuse that exceeds the quantity as provided in article 13; this surplus of refuse must be removed twice weekly.

15. On each collection day, refuse will not be collected unless it is placed as follows:
a) Near the sidewalk or curb adjacent to a public street;
b) In a public lane, at the rear of the building, provided this lane is accessible to the refuse collection vehicle.

16. For any building or part of a building used for other than residential purposes, it is prohibited to place refuse for collection before 9:00 p.m. on the eve of the scheduled collection day.

For any building or part of a building used for residential purposes, it is prohibited to put out refuse for collection before 6:00 a.m., on the scheduled collection day.
(by-law 2567-2, article 1, adopted November 20, 1995)

However, refuse in rigid and waterproof containers with a sealed cover may be put out for collection as early as 9:00 p.m. on the eve of the scheduled collection day.
(by-law 2567-3, article 1, adopted May 6, 1996)

17. A reusable container must be removed as soon as possible after collection but no later than 8:00 p.m. on collection day, even when the collection has not been done by the contractor.

18. It is prohibited to use a refuse container that is broken or is damaged to the point where the refuse is falling out. The person in charge of such a container must cease immediately its use, repair it or, if need be, replace it.

When the use continues of such a container that is broken or damaged, the City may, at its own discretion, instead of a statement of offence, give a notice to the owner to cease its use. If after five days, the owner does not conform to such notice, the City will cease the collection of such a container. The person in charge of this container will have to dispose of it at his/her own expense.

19. Between collections, refuse must be stored as follows:

a) In the case of a dwelling unit located in a residential building with less than nine (9) dwelling units:
I. inside the dwelling unit,
or
II. outside the dwelling unit, in an acceptable container, in areas provided for in the City's zoning by-law.

b) In the case of a dwelling unit located in a multi-family building, the refuse must be put in an acceptable container closed and placed outside or inside the building in conformity of all applicable laws and regulations.

SECTION 3 COLLECTION OF RECYCLABLE MATERIALS

20. A mandatory service for the collection of recyclable materials is established for residential buildings containing nine (9) or less dwelling units, multi-family buildings and to institutional buildings with the exclusion of Lakeshore General Hospital and Lac St-Louis C.L.S.C.

21. Articles 4 and 5 apply for the collection of recyclable materials.

22. All materials that are not listed in column A of the current article and those in column B of the same tabloid are not collected, likewise items that are not prepared according to the rules described in Appendix A of the current by-law.

23. For the collection of recyclable materials, all materials must solely be disposed in the containers described below:

a) For a residential buildings containing nine (9) or less dwelling units, an acceptable recycling container is a portable box made of recycled plastic, supplied by the City, which meets the following specifications:
l. it has a capacity of 64 litres;
II the combined weight of the container and its contents do not exceed 25 kilograms (55 pounds);
III. it is not filled to more than 76.2 mm (3 inches) from the top;
IV. it bears a sticker, supplied by the City with the container, showing the name of the City and the address of the resident;
V. it is kept clean, dry and in good condition.

Number of bins supplied for the collection of recyclable materials:

 
b) Pour un bâtiment multifamilial, un )
For a multi-family building, an acceptable recycling container must conform to the following specifications:

I. Rolling bin of 360 litres: blue bin moulded in one piece by polyethylene injection, without separator and with a unique cover, supplied by the City.
i. the combined weight of the container and its contents does not exceed 90 kilograms (200 pounds);
ii. it is not filled to more than 76.2 mm (3 inches) from the top;
iii. it bears a sticker, supplied by the City with the container, showing the name of the City and the address of the owner;
iv. it is kept clean, dry and in good condition.

OR

II. Container : container for recyclable materials, waterproof, closed with a lid, made of metal or plastic, designed to be emptied mechanically by a recyclable materials collection vehicle, with capacity of 1.53, 2.29, 3.06, 4.59 or 6.12 m3 (2, 3, 4, 6, or 8 cubic yards) portables.

Number of bins supplied by the City or number of containers supplied by the owner of the building for the collection of recyclable materials:

Number of bins supplied by the City or number of containers supplied by the owner of the building for the collection of recyclable materials:

c) For institutional building, an acceptable recycling container is conform to the following specifications:

I. Rolling bin of 360 litres: as described in sub-paragraph I. of paragraph b) of article 23.

OR

II. Container: as described in sub-paragraph II. of paragraph b) of article 23.

Number of bins supplied for the collection of recyclable materials:

24. Articles 16 to 19 apply to recycling materials collection considering the necessary adaptations.

25. On each collection day, recyclable materials are only collected if they are placed as follows :

a) The 64 litres bins and the bags must be left near the sidewalk or the border adjacent to a public street leaving a space of 1.5 metres (5 feet) wide for the circulation of pedestrians.

b) The 360 litres rolling bins must be left in the entrance, at road side, handles and wheels facing the residence. An empty space of 1.5 metres (5 feet) must be left on each side and at the back of the bin.

c) Containers must be situated in a secure and accessible place and in conformity of all applicable laws and regulations.

SECTION 4 COLLECTION PROCEDURE

26. It is prohibited for an employee of the City or of the contractor responsible for the collection service to receive a gratuity to collect refuse or recyclable materials; it is prohibited for a citizen to give a gratuity to such a person.
27. After the contents of a reusable container have been emptied into the collection vehicle, the employee must replace the lid on the container and place the container off the street or sidewalk.
28. Any vehicle carrying refuse or recyclables must conform to Highway Code regulations and be covered in such a manner that its contents do not fall on the street.

SECTION 5 MISCELLANEOUS PROVISIONS

29. It is forbidden:
a) to rummage through refuse or recyclable materials destined to be removed or to take or spread on the ground refuse or recyclable materials intended for collection;
b) to deposit or throw refuse or recyclable materials on any public or private street, a public place or a vacant lot;
c) to deposit refuse or recyclable materials in front of someone else's property except with the authorization of the owner or occupant of this property;
d) to dispose of refuse or recyclable materials in the City's sewer system or in a ditch;
e) to deposit refuse or recyclable materials in someone else's container except with the authorization of the owner of this container;
f) to deposit with refuse or recyclable materials any object or substance which may cause an accident or damages by combustion, corrosion, explosion or otherwise;

g) to deposit in an acceptable recycling container materials or objects other than those enumerated in article 22, and particularly but without restriction, to deposit household waste in such a container.
h) to remove from a collection unit a container assigned by the city to this unit or to maintain it out of the premises of the collection unit to which it has been assigned by the City. Without limiting the preceding, upon moving out, the owner, tenant or occupant must leave on the premises of the collection unit the container assigned by the city to this collection unit.

30. The refuse collection from a commercial or industrial establishment must be made at least once a week or as soon as the container is filled to full capacity. It is however forbidden to proceed or to give a mandate to proceed with the collection of refuse between 11:00 p.m. and 7:00 a.m.

31. Every owner, tenant or occupant of a commercial or industrial establishment must supply, within 48 hours of a request from a City representative, the name and the coordinates of the company responsible for the removal of his/her generated refuse or to establish in a preponderant fashion, by means of relevant invoices, that he/she disposes himself/herself of the waste in accordance with the laws and regulations.

SECTION 6 SPECIAL COLLECTIONS

32. Anyone wishing to dispose of an explosive weapon, dynamite, a rocket, a bullet, a grenade or any explosive material must communicate with the Police Department.

33. Anyone placing for removal a refrigerator, a freezer or another similar container must first remove its door.

SECTION 7 INFRACTIONS

34. Anyone contravening a provision of this by-law or tolerating or permitting such a contravention commits an infraction and is liable to the following fine:
a) For a first infraction: A minimum of ONE HUNDRED DOLLARS ($100) and a maximum of ONE THOUSAND DOLLARS ($1,000) if the offender is a physical person or a minimum of FIVE HUNDRED DOLLARS ($500) and a maximum of TWO THOUSAND DOLLARS ($2,000) if the offender is a moral person.
b) For a subsequent infraction: A minimum of THREE HUNDRED DOLLARS ($300) and a maximum of TWO THOUSAND DOLLARS ($2,000) if the offender is a physical person or a minimum of ONE THOUSAND DOLLARS ($1000) and a maximum of FOUR THOUSAND DOLLARS ($4,000) if the offender is a moral person.

35. The present by-law shall come into force on April 1st, 2008.

Bill McMurchie, Mayor

Stéphane Lemire, lawyer
City Clerk

APPENDIX A

With regards to the collection of recyclable materials, the preparation of the material must be done in accordance to the following requirements:

PAPER AND CARDBOARD (Fiber)

a) Take apart and flatten the boxes;
b) Avoid soiling papers and cardboard;
c) Remove waxed or plastic paper bags from the cardboard boxes;
d) Remove the plastic handles and the metallic spouts from the boxes.

GLASS

a) Rinse the jars and bottles;
b) Remove caps and lids;
c) Remove the labels.

METAL

a) Rinse the containers;
b) Fold the lids to the inside of the tins.

PLASTIC

a) Rinse the containers;
b) Remove the residue that has adhered to the inside of the containers;
c) Remove the caps and lids.