Definition
53.(1)In this section, “waste” includes ashes, garbage, refuse, domestic waste, industrial solid waste or municipal refuse, and such other materials as may be designated by by-law of the Regional Council. R.S.O. 1990, c. R.14, s. 53 (1); 1993, c. 20, s. 22 (1). Waste disposal (2)The Regional Corporation shall provide facilities for the receiving, dumping and disposing of waste, and no such facilities shall be provided in the Regional Area by any person, area municipality or any local board thereof without the consent of the Regional Council, which consent may be granted on such conditions including the payment of compensation as may be agreed upon. Appeal (2.1)Where the Regional Council refuses its consent or the applicant therefor and the Regional Council fail to agree on the conditions related to the consent, the applicant may appeal to the Municipal Board. Decision (2.2)The Municipal Board shall hear the appeal, and may impose such conditions as the Board considers appropriate and its decision is final. 1992, c. 12, s. 1. Powers of Regional Corporation (3)For the purposes of subsection (2), the Regional Corporation may, . .  .  .  . (e) provide standards and regulations for vehicles, or any class or classes thereof, used for the haulage of waste to a regional waste disposal facility. R.S.O. 1990, c. R.14, s. 53 (3); 1993, c. 20, s. 14 (1). Powers, etc. (3.1)For the purposes of subsection (2), (a) sections 208.1, 208.3, 208.4 and 208.6 to 208.11 of the Municipal Act and section 155 of the Regional Municipalities Act apply, with necessary modifications, to the Regional Corporation; and (b) the Regional Corporation may contract with a local or regional municipality in Ontario or Quebec, or a local board thereof. Designation (3.2)The Regional Council may, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class of waste. Restriction (3.3)Where a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been designated for that area municipality. 1993, c. 20, s. 14 (2). Vesting of property in Regional Corporation (4)The Regional Council may pass one or more by-laws to assume as regional waste disposal works any or all such solid waste disposal sites, works, facilities and equipment vested in any area municipality, and upon the passing of any such by-law, the sites, works, facilities and equipment specified therein shall vest in the Regional Corporation. Payment of outstanding debt (5)The Regional Corporation shall pay to the corporation of any area municipality on or before the due date, all amounts of principal and interest becoming due upon any outstanding debt of such area municipality in respect of the real or personal property assumed by the Regional Corporation under subsection (4). Compensation (6)Subject to subsection (5), the Regional Corporation shall pay to the area municipality the costs incurred by it in the acquisition of and the improvements made to any such disposal site and works assumed by a by-law passed under subsection (4) and the current value of all equipment assumed therewith. Default (7)If the Regional Corporation fails to make any payment required by subsection (5) or (6) on or before the due date, the area municipality may charge the Regional Corporation interest at the rate of 15 per cent per annum thereon, or such lower rate as the council of the area municipality determines, from such date until payment is made. R.S.O. 1990, c. R.14, s. 53 (4-7). Approvals (8)No by-law shall be passed under subsection (4) without, (a) the approval of the area municipality in which the land is situate, which approval may be granted upon such terms and conditions as may be agreed upon; or (b) failing such approval or agreement, the approval of the Municipal Board. R.S.O. 1990, c. R.14, s. 53 (8); 1993, c. 20, s. 14 (3). Approval of Ontario Municipal Board (9)The Municipal Board, before giving its approval under clause (8) (b) shall hold a public hearing and shall give or cause to be given at least ten days notice of the hearing to the clerk of the municipality concerned and to such other persons in such manner as the Board may direct, and the Board, as a condition of giving any such approval, may by its order impose such restrictions, limitations and conditions respecting the acquisition or use of such land as to the Board may appear necessary or expedient. R.S.O. 1990, c. R.14, s. 53 (9). (10)REPEALED: 1993, c. 20, s. 14 (4). Disposal of sites (11)When, in the opinion of the Regional Council, land has been used for solid waste disposal and is no longer required by the Regional Corporation for such purpose, the Regional Corporation shall not dispose of such land without first offering such land to the area municipality within which it is located for nominal consideration upon such terms and conditions as the Regional Council may prescribe. Routes (12)Subject to the approval of the Regional Council, an area municipality may, by by-law, prescribe one or more routes to be used by vehicles, or any class or classes thereof, in hauling waste to any regional waste facility located in such area municipality and any such by-law may restrict such vehicles to specified area municipality or regional roads and may provide different restrictions by reference to the days and times set forth in the by-law. Approval of O.M.B. (13)If a by-law passed under subsection (12) is not approved by the Regional Council within a reasonable time, the Municipal Board may approve such by-law. Hearing (14)The Municipal Board, before giving its approval under subsection (13), shall hold a public hearing and shall give or cause to be given at least ten days notice of the hearing to the clerk of the municipality concerned and to such other persons in such manner as the Board may direct, and the Board, as a condition of giving any such approval, may by its order require such amendments and impose such restrictions, limitations and conditions as to the Board may appear necessary or expedient. Non-application of refuse disposal control by-law (15)A by-law passed under paragraph 135 of section 210 of the Municipal Act does not apply to the Regional Corporation. R.S.O. 1990, c. R.14, s. 53 (11-15).