Definition
33. (1) In this section, “waste” includes ashes, garbage, refuse, domestic 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.18, s. 33 (1); 1993, c. 20, s. 22 (1). Waste disposal (2) The Regional Corporation shall provide facilities for the purpose of receiving, dumping and disposing of waste, and no such facilities shall be provided in the Regional Area by any person or any municipality, including a metropolitan or regional municipality, or by any local board thereof, without the consent of the Regional Council, which consent may be granted on such terms and conditions including the payment of such compensation as may be agreed upon. R.S.O. 1990, c. R.18, s. 33 (2). Appeal to O.M.B. (3) Where the Regional Council refuses its consent under subsection (2), or the applicant therefor and the Regional Council fail to agree on the terms and conditions related to such consent, the applicant may appeal to the Municipal Board who shall hear and determine the matter, and the Board may impose such terms and conditions as the Board considers appropriate and the decision of the Board is final. R.S.O. 1990, c. R.18, s. 33 (3). Powers of Regional Corporation (4) For the purposes of subsection (2), the Regional Corporation may, (a) Repealed: 1993, c. 20, s. 19 (1). (b) Repealed: 1993, c. 20, s. 19 (1). (c) Repealed: 1993, c. 20, s. 19 (1). (d) Repealed: 1993, c. 20, s. 19 (1). (e) provide standards and regulations for vehicles, or any class or classes thereof, used for the haulage of waste to any waste facility located in the Regional Area. R.S.O. 1990, c. R.18, s. 33 (4); 1993, c. 20, s. 19 (1). Powers, etc. (4.1) For the purposes of subsection (2), 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. 1993, c. 20, s. 19 (2). Designation (4.2) 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. 1993, c. 20, s. 19 (2). Restriction (4.3) 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. 19 (2). Vesting of property in Regional Corporation (5) 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. R.S.O. 1990, c. R.18, s. 33 (5). Payment of outstanding debt (6) 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 (5). R.S.O. 1990, c. R.18, s. 33 (6). Interest on late payment (7) If the Regional Corporation fails to make any payment required by subsection (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.18, s. 33 (7). Approvals (8) No consent shall be given under subsection (2), no facility shall be operated under subsection (4.1) and no by-law shall be passed under subsection (5) without, (a) the approval of the area municipality in which the land is situate, which approval may be granted upon such terms and conditions including the payment of such compensation as may be agreed upon; or (b) failing such approval or agreement, the approval of the Municipal Board. R.S.O. 1990, c. R.18, s. 33 (8); 1993, c. 20, s. 19 (3). Approval of O.M.B. (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.18, s. 33 (9). (10) Repealed: 1993, c. 20, s. 19 (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. R.S.O. 1990, c. R.18, s. 33 (11). Refuse disposal by-law not to apply (12) 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.18, s. 33 (12). Routes (13) The Regional Council may by by-law prescribe one or more routes on specified regional roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in the Regional Area, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.18, s. 33 (13). Idem (14) Subject to the approval of the Regional Council, the council of an area municipality may by by-law prescribe one or more routes on specified area municipality roads to be used by vehicles, or any class or classes thereof, in hauling waste to any waste facility located in such area municipality, and any such by-law may provide different restrictions by reference to the days and times set forth in the by-law. R.S.O. 1990, c. R.18, s. 33 (14).