How To Write A Staff Report On Compliance With The Blue Bin And Green Bin Organics Programs Intoronto

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1 PW8.2 STAFF REPORT ACTION REQUIRED Report on Compliance Activities - Blue Bin Recycling and Green Bin Organics Programs Date: September 2, 2015 To: From: Wards: Reference Number: Public Works and Infrastructure Committee General Manager, Solid Waste Management Services Executive Director, Municipal Licensing and Standards All P:\2015\Cluster B\SWM\September\014PW (AFS#21494) SUMMARY The purpose of this staff report is to provide information on enforcement practices, activities and outcomes regarding compliance in the Blue Bin Recycling and Green Bin Organics programs as requested by the Public Works and Infrastructure Committee. The report also outlines current measures undertaken by Solid Waste Management Services (SWMS) and the Municipal Licensing and Standards (ML&S) Divisions that address non-compliance with Solid Waste Collection By-laws and the collaborative efforts in place to target enforcement activities. Participation in the Blue Bin and Green Bin program is initially sought through education and outreach efforts undertaken by SWMS. Enforcement of the Solid Waste Collection By-Laws is done by ML&S based on areas of concern identified by SWMS, where education and outreach efforts have been unsuccessful. Enforcement of the By-laws is also done on a complaint basis. The current focus for By-law enforcement is on multi-family buildings and residential and main streets that receive night time waste collection services. By-law enforcement priorities will continue to evolve over time in keeping with changes to the City s integrated solid waste management system. Ongoing enforcement of the Solid Waste Collection By-laws is essential to the effective operation of the SWMS and waste diversion objectives. By-law enforcement strategies has also been identified as an option for consideration in the Long Term Waste Management Strategy. Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 1

2 RECOMMENDATIONS The General Manager, Solid Waste Management Services and the Executive Director, Municipal Licensing and Standards recommend that: 1. Public Works and Infrastructure Committee receive this report for information. Financial Impact There are no financial impacts as a result of this report. The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial implication information. DECISION HISTORY At its meeting on May 28, 2015, the Public Works and Infrastructure Committee on Item PW5.2 Solid Waste Management Services - Long Term Waste Management Strategy Progress Report Q2 2015, requested the General Manager, Solid Waste Management Services and Executive Director, Municipal Licensing and Standards to report at its September 22, 2015 meeting, on current enforcement practices, activities and outcomes regarding the compliance with mandatory Blue and Green Bin programs. The Public Works and Infrastructure Committee Decision document can be viewed at: ISSUE BACKGROUND Solid Waste Collection By-laws In Toronto Municipal Code Chapter Residential Properties, recipients of collection services are categorized as single-family or multi-family customers. Both groups receive collection services for garbage, Blue Bin recycling, Green Bin organics, yard waste (including Christmas Trees), electronic waste and household hazardous waste collection (via the Toxic Taxi). Toronto Municipal Code Chapter 841, Waste Collection, Commercial Properties, outlines details of services for eligible Commercial customers. These customers are required to apply for waste collection services. Approved Commercial customers pay for services through the purchase and use of Yellow Bags/Garbage Tags from Canadian Tire (City authorized retailer) or through the subscription of bin based service (cost varies according to garbage collection frequency). Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 2

3 Both Municipal Code Chapters detail eligibility for services, collection service frequencies, collection containers, proper set out of waste materials, and solid waste rates for each customer type. For the purpose of this report, eligibility of services and general requirements of waste materials set out will be discussed as it relates to compliance with participation in diversion programs. Sections and Eligibility of services contain requirements that customers must comply with in order to receive municipal waste collection services. Requirements include full participation in City diversion programs and set out of all waste for collection by the City (i.e. a customer is not permitted to only set out garbage and have their recyclables collected by a private hauler or only set out diversion materials and not garbage). Sections and General Requirements provide further requirements on proper set out of waste materials, noting that the materials must be free from mixing of waste streams or contamination. Monitoring Participation in the City s Blue Bin recycling and Green Bin organics Diversion Programs Participation in diversion programs for single-family customers is measured by the set out of the correct waste material (garbage, Blue Bin recycling, Green Bin organics) for collection on the designated collection day. This information is gathered via participation studies conducted at the same time as waste audits. A single-family audit was conducted in Results indicate that there was a 97% participation rate in the Blue Bin recycling program and an 89% participation rate in the Green Bin organics program. To further educate residents as to proper set out and participation in diversion programs, collection calendars are provided annually and contain information on proper set out procedures (e.g. set out times, distance between bins and collection schedule etc.). Unlike single-family customers, the participation rate of individual units within multi-family buildings cannot be measured. The individual units dispose of their waste in communal containers. SWMS does however, regularly monitor building-based participation in the Blue Bin recycling program and it is estimated that there is 100% participation in the program. As the Green Bin organics program in multi-family buildings is immature relative to the Blue Bin recycling program, staff monitor the set out of Green Bin organics. If the building is not placing Green Bin organics out for collection regularly, SWMS staff will follow up with the property manager to communicate and re-enforce the requirement of mandatory participation in all of the City s waste collection programs. Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 3

4 COMMENTS Communication and Education of Collection By-laws by SWMS SWMS Customer Service & Waste Diversion Implementation Section In 2013, SWMS introduced a Customer Service & Waste Diversion Implementation (CSWDI) section with staff dedicated to performing site visits to multi-family customers to monitor participation in the City s diversion programs and to provide assistance to improve diversion program participation. Since 2013, the primary focus of this group has been implementing the Green Bin organics program in all City-serviced multi-family buildings. As part of the Green Bin organics program implementation, CSWDI staff provide recommendations to help improve overall diversion. Continued promotion and education for multi-family customers is a best practice due to frequent tenant turnover and changes in property managers. This includes communicating regularly to building owners and property managers that the City By-laws mandate participation in all diversion programs (e.g. letters, site visits, free educational materials, workshops etc.). To support diversion activities, staff conduct presentations and lobby displays to educate residents on how to properly participate in the waste diversion programs. CSWDI staff also closely monitor the set out of Green Bin organics and follow up with building owners/property managers to provide additional assistance to educate the residents and encourage program participation. They also assist in trouble-shooting any challenges being experienced with waste management (i.e. set out, contamination, participation, etc.). ML&S Support in Addressing SWMS related Complaints ML&S responds to SWMS complaints reported through 311 regarding litter, residential and commercial waste collection, and illegal dumping. Consistent with ML&S customer service standards, staff endeavour to investigate and respond to all requests within 48 hours (two business days). However, where there are specific issues considered urgent, where waste on public property may be a health hazard or may pose a danger (e.g. needles, broken glass, wood with exposed nails, etc.), staff undertake investigative action immediately. Issues related to hazardous waste are investigated within 24 hours (one business day) and issues related to illegal dumping, are investigated anywhere between one hour to five hours, from receipt of the request. From January 1, 2015 to July 22, 2015, ML&S staff have taken action to respond to and resolve 537 waste related requests, and have issued 87 notices of information (providing an advisory warning of a violation/violations), 415 notices of violation (providing information on a violation/violations and a deadline to rectify any condition of noncompliance/take remedial action), and 35 tickets (Certificate of Offence, Part I, setting a Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 4

5 fine and total payable). This level of activity is reflective of previous years. Table 1 below further outlines the number of actions taken by ML&S in the past two years. Year 2015 (January to July) Table 1 Actions/Responses taken by ML&S to 2015 Verbal Warnings Notices of Information Notices of Violation Tickets Summonses Total Waste Related Requests Waste Investigations and Enforcement undertaken by ML&S In March 2015, scheduled waste enforcement blitzes along the City s main streets, in Wards 14, 18, 19, 20, 21, 22, 26, 27, 28, 29, 30, 31 and 32 (Central District) and in Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 23 (West District) were conducted to address waste related issues in predominantly commercial/residential unit above commercial areas of the City. The blitzes allow By-law Enforcement Officers to focus on specific areas, targeting commercial establishments, for violations of the City s waste By-laws. Together, ML&S and SWMS select an area for blitz activity, and the morning following commercial night collection by SWMS, ML&S staff "blitz" the selected area. In the Central District, blitzes are occurring on a weekly basis, and in the West District, weekly blitzes are planned now that the Pan Am/Parapan Am Games have concluded. Staff are issuing notices of information, notices of violation, and laying charges for the improper disposal of waste. Blitz findings are being recorded in the City s Integrated Business Process and Workflow Management Software System (IBMS) as well as being shared with SWMS to focus in on specific locations where there are repeated issues of non-compliance, and assist SWMS in determining where collection service should be suspended/terminated. Since March 2015, when ML&S started performing blitzes, staff have proactively investigated: 1,139 issues with waste being improperly set out (e.g. wrong location, time, day etc.); 563 issues of illegal dumping; 447 issues related to waste containers (e.g. waste not being placed in appropriate regulation containers, containers not being sufficient to accommodate waste, containers that are not in good working order, etc.); Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 5

6 303 issues regarding improper waste storage (e.g. depositing/permitting waste to remain on a street, placing waste on public property for collection, etc.); 197 issues pertaining to contaminated waste; 187 issues regarding prohibited waste (e.g. hazardous, combustible, corrosive, toxic, reactive, explosive, oxidizing, poisonous, infectious or flammable materials/products; pathological waste; construction, demolition or renovation waste; hay, straw, animal waste or manure; tires; etc.); Five issues with the improper disposal of appliances (e.g. failing to remove appliance doors required for special collection); Five issues related to prohibited acts (e.g. depositing waste generated on private property in a public street receptacle; placing waste on public property for collection by a private agency; setting out organics, recyclables, or garbage not generated on the property; disturbing waste set out for collection; etc.). Year-to-date, ML&S has issued 161 notices of information, 792 notices of violation, and 265 tickets related to proactive waste investigations. ML&S is also looking to expand their proactive waste enforcement efforts to include blitzes on the morning following a special event (in the vicinity of the particular event) to target issues with illegal dumping, as well as inspections of front end containerized waste, recyclable and organic bins at multi-family apartment buildings to target issues with low organics participation and contamination. ML&S is addressing recurring Municipal Law Enforcement Officer (MSO) vacancies through annual hiring processes, and are continuously reviewing its operations to identify changes to enforcement approach and scheduling, such as potentially reinstating a night shift. These efforts are being undertaken with the goal of contributing to the overall improvement of proper waste disposal and compliance with waste by-laws (including those that support waste diversion). Collaboration between Divisions Green Bin Organics Program for Multi-Family Customers A phased in rollout of the mandatory Green Bin Organics program for multi-family customers began in In 2013, sufficient processing capacity was secured and an accelerated program implementation was initiated. Each multi-family customer received an implementation package for their building which included information on the Green Bin Organics program and an order form to receive free outdoor collection containers and in-unit kitchen catchers. Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 6

7 Building owners and property managers were asked to return the order forms to the City and some customers required a follow up site visit from staff to assist in selecting the appropriately sized collection container and to answer questions about the program. As of July 2015, ~144 out of ~4,278 customers (or ~3%) have not yet registered for the Green Bin organics program. SWMS and ML&S are working collaboratively to approach the remaining customers and implement the Green Bin organics program. A list of the outstanding buildings has been provided to ML&S and By-law officers have been assigned to perform a site inspection and communicate to the property manager that participation is mandatory under SMWS collection By-law. If the officer is unsuccessful in contacting a building representative on site, a follow up letter is mailed to the property owner which references the Toronto Municipal Code Chapter 844, Waste Collection, Residential Properties, outlining compliance in mandatory participation in all diversion programs. This collaborative approach of engaging ML&S assistance continues to be effective in obtaining Green Bin order forms and enforcing compliance. The next area of focus for the multi-family Blue and Green bin programs will be improving capture of these materials to increase diversion. SWMS and ML&S have agreed to continue working towards developing a plan that will include targeted enforcement blitzes for multi-family customers. Development of an Annual Enforcement and Communication Plan SWMS and ML&S continue to share information and work towards collaborating on measures to mitigate issues of non-compliance with collection By-laws through development of an annual enforcement and communication plan. The plan will: Establish cross-divisional district teams; Identify areas of focus (e.g. contamination, participation, specific set out requirements etc.); Proactively communicate with customers program compliance requirements; and Further work with customers to better understand compliance motivators in order to develop targeted approaches to effectively enforce participation in SWMS diversion programs. Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 7

8 The strategy will also incorporate tracking measures and establish performance metrics to track efficiency in reducing non-compliance. CONTACTS Annette Synowiec, (Acting) Director, Policy, Planning & Support, Solid Waste Management Services, Telephone , Fax: , Charlotte Ueta, (Acting) Manager, Waste Management Planning, Policy, Planning & Support, Solid Waste Management Services, Telephone , Fax: , Carleton Grant, Director, Policy & Strategic Support, Municipal Licensing & Standards, Telephone , Fax: , SIGNATURES E. (Beth) Goodger Tracey Cook General Manager Executive Director Solid Waste Management Services Municipal Licensing and Standards Staff report for action on Current Enforcement & Compliance of SWMS Diversion Programs 8

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