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ttt w t OHSWEKEN, ONTARIO CANADA NOA 1MO Office: (519) 445-2201 Research:445-2053 Economic Development: 445-2201 Public Works: 445-4242 Welfare: 445-2084 Housing: 445-2235 Fax: (519) 445-4208 BY-LAW NUMBER 1- 93 , 1993 -OF SIX NATIONS OF THE GRAND RIVER WASTE MANAGEMENT BY-LAW Since it is considered expedient for the purpose of protecting the well-being of the residents of the Reserve from the health hazards associated with the dumping of waste and the indiscriminate setting of fires to waste within the Six Nations of the Grand River; and Since paragraphs (a) (d) (q) and (r) of Section 81(1) of the Indian Act R.S.C. 1985, empower the Council of the Six Nations of the Grand River to enact by-laws respecting the health of residents on the reserve and for the prevention of nuisances on the Reserve and any matter ancillary thereto, and for the imposition of a penalty for a violation thereof, NOW THEREFORE the Council of the Six Nations of the Grand River enacts as follows; 1. This by-law may be cited as the Six Nations of the Grand River Waste Management By-law. 2. In this by-law; (a) "Council" means the Six Nations Council of the Six Nations of the Grand River Reserve; (b) "Composting" means the treatment of material by aerobic decomposition of orgahic matter by bacterial action for the production of stablilized humus, consistent with environmentally accepted methods; (c) "Household Waste" means materials disposed of by individuals in the course of their daily activities at home and by commercial businesses, as a result of normal operating activities, excluding liquid industrial waste or hazardous waste; (d) "Nuisance" means any act or activity that impairs by direct physical interference, the use and enjoyment of a person's property or could prejudicially affect a persons heath or comfort, including: (i) the indiscriminate throwing or dumping of household waste on roads and road allowances; (ii) the abandonment of cars, used household applicances and furniture, or parts of cars, household applicances and furniture; (iii) the storage of used tires; (iv) the emission of smoke from the burning of tires, construction material, household waste or waste. CERTIFIED TRUE COPY ORIGINAL ASHKEWE, a Commissioner, etc. I oi Ontario, tor ol Canada.
Waste Management By-Law - Page 2 -(e) "Officer" means any peace officer or any other person p a r s o s v i i g s n i e o d n s b y o f t h t e h i S s i x by N a l t a i w o ; ns Council to enforce the (f) "Reserve” means the tract of land known as the Six Nations Indian Reserve Numbers 40 and 40B; (g) "Resident" means a person who (i) has their principal residence on the reserve; (ii) t i o s t a h u e t h I o n r d i i z a e n d A t c o t ; reside on the reserve pursuant (h) "Sanitary Landfill" means the area approved for the purpose of waste disposal that complies with the governing body of Federal Acts and Regulations relating to waste disposal; (i) "Waste" means waste other than household waste, including liquid and semi-liquid substances, landfill, construction debris, scrap metal and scrap of all kinds and any combination thereof. 3. No person shall, (a) dump waste; (b) store waste; (c) operate a waste dump <d) facilitate the operation of a waste dump; or (e) set fire to waste on any lands within the confines of the Six Nations of the Grand River Reserve without a permit issued by the Minister pursuant to sections 5 through 9 of the Indian Reserve Waste Disposal Regulations or any other governing Federal Acts or Regulations. 4. No person shall transport waste onto the Reserve without a certificate of transport issued by the Council. 5. A certificate of transport shall specify, (a) the type of vehicle used to transport the waste; (b) the date and route of transport; (c) the type and amount of waste being transported; and (d) any other appropriate condition as determined by the Council. 6. Everyone who is found creating or causing a nuisance is guilty of an offence under this by-law. 7. An officer may order any person who creates, causes or threatens to cause a nuisance on the Reserve to refrain from creating or causing the nuisance or to abate the nuisance within a reasonable time. 8. In determining a reasonable time in subsection (1) a court shall take into account; (a) the nature and extent of the nuisance; (b) the methods available to abate the nuisance; <c) the approximate time required to abate the nuisance; and (d) the availability of resources of the person subject to the order to abate the nuisance. c e r t if ie d t r u e co p y OF ORIGINAL LYNN LOUISE ASHKEW E. a Commissioner, etc. Province of Ontario, lor Sovemment of Canada. Expiree October 23, 1t t &
Waste Management By-law - Page 3 -9. Everyone who is a resident of the Reserve may; s ( a a) n it t a r r a y n sp l o an r d t f i t l o l a s n i d t e d ; ump household waste in an approved o ( r b) store household waste for the purpose of composting; p (c r ) o p s e u r b t j y e . ct to section 10, burn household waste on their 10. The burning of household waste by a resident shall be done in such a manner so as not to impair by direct physical interference, the use and enjoyment of a person's property or prejudicially affect a persons health or comfort and shall be done as follows: (a) , in a container such as a drum where the container is; (i) c i l n e i a t n i e al d o u f s e; any hazardous inner coating before (ii) in good repair; (iii) ventilated consisting of hole punctured at the base of the burning area; and (iv) located in a clearing a reasonable distance from any structure or vegetation (v) so as not to cause harm to a neighbouring property; and (b) material being burned shall be household waste that is dried and does not include food scraps or hazardous material such as paint, aerosol cans, etc. 11. Where, at any time, an officer has reasonalbe grounds that a person is violating a provision of this by-law, the officer may, on reasonable notice to that person, inspect the area where he believes the violation is occurring. 12. No person shall interfere with or obstruct an officer acting within the lawful execution of his duties under this by-law. 13. Every person who contravenes any of the provisions of this by-law is guilty of an offence and liable upon summary conviction to a fine not exceeding ONE THOUSAND DOLLARS <$1,000.00) or imprisonment for a term not exceeding thirty days or to both fine and imprisonment. 14(1) Where this by-law is contravened and a conviction is entered, in addition to the remedy described in section 13 of the by-law, the court in which the convection has been entered, and any court of competent jurisdiction thereafter, may make an order pursuant to section 81(2) of the Indian Act, prohibiting the continuation or repetition of the offence by the person convicted. (2) Where this by-law is contravened, such contravention may be restrained by a court action pursuant to section 81(3) of the Indian Act, at the demand of the Six Nations of the Grand River Council. CERTIFIED TRUE COPY OF ORIGINAL LYNN LOUISE ASHKEW E, a Commissioner, eta, Province of Onario, fc f Oowmment of Canada. Expires October 23, 1988.
Waste Management By-Law - Page 4 APPROVED AND PASSED at a duly convened meeting of the Six Nations Council this 2 0 t h day of k p n .lt , 1993. Councillor Councillor CERTIFIED TRUE COPY OF ORIGINAL LY N N LO U S E asnkewe, a Cdffimteiooer, etc. of Ontario, fo r Government o f Canada. Extra s October 23, isos.
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