Agenda Item No.: D.2.b. Illegal Dumping (J. Melnychuk) Recommendation: That the May 3, 2004, Asset Management and Public Works Department report 2004PWW056 be received for information. Report Summary This is an information report regarding City Departments’ efforts to address the issue of illegal dumping. Report Previous Council/Committee Action At the March 2, 2004, Transportation and Public Works Committee meeting, Councillor J. Melnychuk made the following inquiry: “I would like Administration to provide a report on illegal dumping. 1. Have we reviewed the impact of the City dump-site fee(s) in relation to illegal dumping that occurs within the city boundaries? 2. What steps do the department(s) – Planning and Development Department (Bylaw)/Transportation and Streets Department/Asset Management and Public Works Department – presently take when a complaint about illegally dumped materials comes to their attention? Do we have any procedures for certain areas that experience excessive illegal dumping? 3. Is there any information on what parts of the city experiences illegal dumping and to what degree? (For example, is there more illegal dumping on the north or northeast sections of the city compared to other quadrants?) 4. Provide any other information that is relevant.” Routing: Delegation: Written By: May 3, 2004 File: 2004PWW056 Four City Departments, Asset Management and Public Works, Community Services, Planning and Development, and Transportation and Streets, work together to address incidents of illegal dumping. The location of the illegally dumped items determines which Department responds to the complaint. Community Services Department (Parkland Services) responds if the dumped items are on parkland or on school property. Transportation and Streets Department (Transit) responds if the items are located in transit zones. Transportation and Streets Department (Streets Engineering) responds if illegally dumped items are blocking a road or alleyway or are on road rights-of-way. Asset Management and Public Works Department (Waste Management) responds if material is spilled at residential set-out locations. The branch also directs Hot Line complaint calls concerning illegal dumping to appropriate Departments. Detailed responses to the questions are included in Attachment 1. Attachment 1. Responses to Questions Others Approving this Report D. Kloster, General Manager, Community Services Department L. Benowski, General Manager, Planning and Development Department R. Millican, General Manager, Transportation and Streets Department Transportation and Public Works Committee W. D. Burn R. G. Neehall Asset Management and Public Works Department (Page 1 of 1 D 2 b Attachment 1 Responses to Questions 1. Have we reviewed the impact of the City dump-site fee(s) in relation to illegal dumping that occurs within the city boundaries? Prior to 2003, landfill rates for three waste classes were varied. Residential customers paid $25/tonne, commercial paid $40/tonne and inert customers, delivering mostly construction material, paid $35/tonne. In 2003, the landfill tipping fee for residential and construction waste was increased to $40 per tonne. The majority of homeowners’ landfill loads are less than one tonne and minimum load fee of $12 applies. This represents a $2 increase from $10 minimum fee charged prior to 2003. Administration has not noticed an increase in incidents of illegal dumping due to the 2003 landfill fee increases. 2. What steps do the department(s) – Planning and Development Department (Bylaw)/Transportation and Streets Department/Asset Management and Public Works Department – presently take when a complaint about illegally dumped materials comes to their attention? Do we have any procedures for certain areas that experience excessive illegal dumping? COMMUINITY SERVICES Park Rangers investigate initial complaints of dumping in the River Valley from citizens, staff or volunteers. Upon investigation, if Rangers are able to identify the responsible person(s), they will attempt to get the responsible person(s) to clean up the illegally dumped material. Provisions in the Parks Bylaw 2202 allow Park Rangers/Police/Bylaw Officers to fine person(s) for illegal dumping on parkland. The fine is $250. If Rangers are unable to determine details regarding the dumping, Parks Operations’ staff are called in to clean up the dumped material. PLANNING AND DEVELOPMENT The Traffic Bylaw 5590, Public Places Bylaw 7608 and Solid Waste Bylaw 6903 all have enforcement sections related to littering. The Complaints and Investigations Section of the Planning and Development Department handle the majority of litter complaints requiring enforcement action. Given the nature of person(s) or motorists littering on a highway, bylaw enforcement relies heavily on citizens witnessing the occurrence and registering details with Bylaw or the Police. Complaints are investigated and if sufficient evidence is obtained fines are levied. 2004PWW056 - Attachment 1 - Page 1 of 4 Attachment 1 Responses to Questions The disposition of littering or dumping complaints differs from those offences where responsibility lies with the property owner to maintain their property in a particular way. It is the individual’s actions, which constitute the basic elements of the offence and require proof. It is this evidentiary burden connecting the individual to the dumping or littering that is often problematic. In most cases, materials are dumped surreptitiously. In some cases witnesses are able to provide information regarding individuals or vehicles associated with dumping. Where this information is substantial, reliable, and assures a finding of culpability, enforcement actions can be pursued to the point of issuing a ticket. On those occasions where there is a continued pattern of dumping on private property, property or business owners have been known to hire security companies to monitor the area and forward information to the Complaints and Investigation section for enforcement action. The ultimate responsibility of the property owner to ensure their property is not considered a nuisance is the motivation for this type of action. In some cases the chosen solution is fencing the property. The problem caused by litter blowing from loads hauled to landfill, especially in spring, has resulted in an initiative where areas around landfills will be targeted. Following an information campaign in the vicinity of the landfill, uniformed bylaw enforcement officers will ticket drivers of vehicles littering the roads due to unsecured loads being brought to the dump sites. TRANSPORTATION AND STREETS Currently, a roadway maintenance representative investigates any complaint/inquiry of illegal dumping or litter accumulation. Initially a determination is done to confirm whose property the debris/litter resides on. If the problem resides on the road right-of-way or other property maintained by the Transportation and Street’s department, the material is removed by Transportation and Street’s staff. Incidents found to be on private property are referred to Bylaw Enforcement for investigation. Specific locations that are historical trouble spots for illegal dumping exist in various areas throughout the city. These locations are regularly monitored by Roadway Maintenance staff and cleared of debris and waste in a timely manner so as not to encourage further dumping. ASSET MANAGEMENT AND PUBLIC WORKS The Waste Management Branch does not have an enforcement role but receives and directs complaint calls to the appropriate departments as determined by the location of the offending item. Where the complaint is a re-occurring event at an apartment or condominium, Municipal Waste Inspectors will discuss with the on-site property manager options to address the problem. 2004PWW056 - Attachment 1 - Page 2 of 4 Attachment 1 Responses to Questions 3. Is there any information on what parts of the city experiences illegal dumping and to what degree? (For example, is there more illegal dumping on the north or northeast sections of the city compared to other quadrants?) COMMUNITY SERVICES Some of the locations for illegal dumping on parkland are: - Mill Creek- 94 Avenue - 96 Street - tires, sod (no dumping signage put up) - Hermitage Park- deer carcass, fridge (gates will be moved and signage put up) - Smith Crossing- 23 Avenue west of 119 Street - various furniture (no dumping signage put up) - Fulton Ravine - 101 Avenue 64 Street- yearly clean up of couches, chairs etc. (no dumping signage put up) - Minchau Ravine - flyers of all sorts (flyer company called) - West Kinsmen - dumping of sod, pruning (bollard installed) Frequent dumping of various home furnishings, tires etc. in department garbage bins in parks. Illegal dumping is experienced in all sectors of the River Valley Park System; no real favourite spots. PLANNING AND DEVELOPMENT Historically, City owned parcels of land that are prone to the accumulation of debris are signed “No Dumping” with a fine amount displayed. Periodic inspections are conducted to ensure there is no build up of garbage or litter. While there is no compilation of data focusing on illegal dumping in general, nor to specific areas, a survey of the area enforcement officers suggests that illegal dumping takes place throughout the city to the same degree. The number of complaints of illegal dumping is relatively small in comparison to complaints regarding nuisance conditions or offences regarding improper storage of solid waste. These are resolved by contacting the property owner. Littering enforcement associated with messy garbage stands and commercial waste containers are conducted on a more proactive basis. Each spring bylaw enforcement staff concentrate on alley and lane-way garbage storage to prevent loose litter from blowing onto city streets. TRANSPORTATION AND STREETS Historical locations of illegal dumping are: L/E 119 Street, South of Kingsway Avenue 49 Street, North of 124 Avenue 199 Street, South of Quadrant Avenue 2004PWW056 - Attachment 1 - Page 3 of 4 Attachment 1 Responses to Questions 142 Street from Anthony Henday Drive to 15 Avenue Winterburn Road (215 Street) from 35 to 45 Avenues 137 Avenue and 199 Street 129 Avenue and 55 Street (back lane) Sherin Road (130 Avenue and 58 Street) 43 Street, South of Eleniak Road Approximately 63 Street, North of 56 Avenue 92 Street, North of 28 Avenue 17 Street from Whitemud Drive to 41 Avenue S/W 34 Street from Whitemud Drive to 41 Avenue S/W. 4. Provide any other information that is relevant. TRANSPORTATION AND STREETS The Transportation and Streets Department is responsible for keeping the road rights-of-way clear of litter and debris. As part of its commitment to help educate and encourage participation, the Department is also an active partner in “Pitch in Canada”. This campaign helps to increase public awareness of the importance of an environmentally friendly lifestyle. Transportation and Streets is also involved in the annual “River Valley Cleanup” with other Departments. 2004PWW056 - Attachment 1 - Page 4 of 4