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Hamilton By-law 20-221, s. 2.1 — In this By-law, “acceptable waste ” includes garbage, recyclable containers material, recyclable fibres material, organic materials, yard waste, and Christmas trees, provided that it is free from contamination and otherwise compliant with this By-law

Waste Management By-law

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In this By-law, “acceptable waste ” includes garbage, recyclable containers material, recyclable fibres material, organic materials, yard waste, and Christmas trees, provided that it is free from contamination and otherwise compliant with this By-law;

“Agreement for On-Site Collection of Municipal Solid Waste ” means an agreement, in a form set out in Schedule “F”, between the City and any person within the City for the collection of waste on private property, and may be amended by the General Manager, with approval as to form by the City Solicitor, from time to time; “bulk item ” means a household waste item that is too large or heavy for regular collection services, and which is not recyclable materials, organic materials, yard waste or prohibited collection waste; from time to time; "Christmas tree " means a natural (as opposed to artificial) evergreen tree; “City ” means the municipality of the City of Hamilton or the geographic area of the City of Hamilton, as the context requires; “City Solicitor ” means the City Solicitor for the City or designate; “commercial property ” means a property used mainly for commercial purposes, excluding commercial properties with four or more floors and/or shopping centres, but,

notwithstanding the foregoing, shall include places of worship but only to the extent such place of worship is being used by a religious organization for public worship or another ecclesiastical function, but, for clarity, does not include any ancillary uses, such as a day nursery or educational or recreational uses; “contamination ” means the mixing of a material or item referred to in the list below with

a different material or item referred to in the list below:

  • • garbage;
  • • recyclable containers material;
  • • recyclable fibres material;
  • • organic materials;
  • • yard waste;
  • To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a Waste Management System for the City of Hamilton • prohibited collection waste;
  • “Council ” means the Council for the City of Hamilton;
  • “curbside collection services ” means waste collection services where waste is set-out for collection at the edge of the travelled portion of the street abutting the property receiving waste collection services;
  • “dwelling unit ” means a room or suite of rooms used or intended to be used by one or more persons living together as one household, in which cooking and sanitary facilities are provided for the exclusive use of the household, and to which an independent entrance is provided from outside the building or from a common interior hallway, vestibule or stairway;
  • “eligible property ” means a property that is eligible for waste collection services pursuant to Section 3.6 of this By-law;
  • “enhanced collection area ” means a downtown core area or Business Improvement Area that is designated by the General Manager to receive more frequent scheduled collection days than the property would otherwise receive, as set out in Schedule “E”,

except and provided that an enhanced collection area may only be located within a community improvement project area; “front-end collection services ” means waste collection services where waste is collected in a front-end container from a location on the property; “front-end container ” means a metal or plastic container with a secured lid that is collected by a front-end collection vehicle; “garbage ” means waste other than recyclable materials, organic materials, yard waste, bulk items, and prohibited collection waste; “garbage tag ” means a specially marked tag distributed by the City for owners to set out excess garbage for collection, available in accordance with policies set by the General Manager from time to time; “General Manager ” means the General Manager of the City’s Public Works Department or their designate; “home health care waste” means any waste items used for personal home health care, including but not limited to incontinence products, sponges, catheters, disposable products, dialysis waste, intravenous bags and tubings, casts, gastric and nasal tubes, empty and rinsed out colostomy bags, and used COVID-19 rapid antigen test kits, but does not include needles, syringes or other pathological waste; “lodging house ” means a house or other building or portion thereof in which four (4) or more persons are or are intended to be harboured, received or lodged for hire, where lodging rooms are without kitchen facilities for the exclusive use of the occupants and To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a Waste Management System for the City of Hamilton where each occupant does not have access to all of the habitable areas in the building, but does not include a hotel, hospital, nursing home, home for the young or the aged or institution if the hotel, hospital, home or institution, is licensed, approved or supervised under a general or special Act other than the Municipal Act, 2001, and for the purpose of this By-law, shall not include student residences or convents; “multi-residential property ” means a property used mainly for residential purposes which contains six or more dwelling units, and does not include institutional facilities, residential care facilities, lodging houses, student residence, or a hotel, hospital, nursing home, home for the young or the aged or institution if the facility, house, residence, hotel, hospital, home or institution, as applicable, is licensed, approved or supervised under a general or special Act other than the Municipal Act, 2001; “municipal hazardous or special waste” includes items set out in Schedule “C” that are identified as municipal hazardous or special waste; “municipal law enforcement officer” means a person appointed by the Council of the City to enforce this By-law; “noxious weeds ” is any and all noxious weed as defined in the Weed Control Act, R.S.O. 1990, C. W.5, as may be amended, restated, superseded or replaced from time to time; “organic materials ” means waste items or materials referred to in Schedule “A” to this By-law; “owner ” means an owner, occupant, lessee, tenant or any other person in charge or in control of a property in the City; “person ” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, limited liability company, unincorporated organization, governmental authority or any other form of entity; “prohibited collection waste ” means waste items or materials referred to in Schedule “B” to this By-law; “recyclable containers material ” means those waste items or materials referred to as recyclable containers materials in Schedule “A” to this By-law; “recyclable fibres material ” means those waste items or materials referred to as recyclable fibres materials in Schedule “A” to this By-law; “recyclable materials ” means recyclable containers material and/or recyclable fibres material, as the context requires; waste items or materials referred to as recyclable materials in Schedule “A” to this By-law, and includes recyclable containers material and/or recyclable fibres material; “residential care facility ” means a “Residential Care Facility” as it is defined in the City’s To Repeal and Replace By-law No. 09-067, as amended, being a By-law to Provide for and Regulate a Waste Management System for the City of Hamilton Zoning By-law of the City of Hamilton, By-law No. 05-200, as may be amended, restated, superseded or replaced from time to time; “single-family residential property ” means a property used mainly for residential purposes containing five or fewer dwelling units, and includes lodging houses and residential care facilities in residential neighbourhoods; “scheduled collection day ” means the day of the week or specific dates for the collection of waste from a property as determined by the General Manager and published in a collection calendar, the City’s website or other means as determined by the General Manager; “User Fees and Charges By-law ” means the City’s By-law No. 19-160, A By- law to Establish Certain 2019 User Fees and Charges for Services, Activities or the Use of Property, as may be amended, restated, superseded or replaced from time to time; “Waste Management Sub-Committee” means the Waste Management sub- committee established by Council, which may be replaced from time-to-time, and if such sub-committee ceases to exist without replacement, shall mean the Public Works Committee for the duration of time no sub-committee is deemed to replace the Waste Management Sub-Committee; “white goods ” means large household appliances; and “yard waste ” means those waste items or material referred to as yard waste in Schedule “A” to this By-law.

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