A citizen is complaining of uncleanliness and foul smells in a courtyard, adjacent to an alley bordering his residence, in Arrondissement d’Outremont. This courtyard is located behind three restaurants which deposit their waste in containers, as well as recyclables, in wheeled bins.

The citizen is also complaining about the noise resulting from bottles being thrown in the recycling bins.

The problem is more acute during the Summer, due to the hot weather and the increased number of customers.

Following our mediation with the citizen, the borough and the restaurant owners, mitigation measures are strengthened and new measures are implemented for the Summer of 2011. The borough undertakes to increase its supervision and the inspection team will make almost daily visits.

In the Fall of 2011, the citizen confirms that the general uncleanliness problem is almost completely resolved and that, despite some oversights, there was a good improvement in the noise problem, during the deposit of bottles. The borough also confirms that the situation has improved.

However, a question still remains.

Indeed, the borough had authorized one of the restaurant owners to acquire a freezer to store its waste, while the By-law on waste collection and collection of recyclable and re-usable materials requires the presence of a cold room.

This interpretation appears questionable and unlikely to achieve the purposes intended by this requirement.

Questioned on this issue, the borough explained that the obligation to have a cold room would pose a problem, when the business’ surface is insufficient. The borough also informs us of its intention to review the concerned By-law.

We are continuing our follow-ups in this file, namely to ensure that the chosen position respects the City’s obligations, including its clear undertaking from the Montréal Charter of Rights and Responsibilities, to:

“(…) taking measures (…) to control (abusive irritants) stemming from dumping garbage (…)”

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