Sanitary Sewer Use By-law

1. Definitions

In this By-law, the following terms shall have the meanings indicated:

Acute hazardous waste chemical
"acute hazardous waste chemical' means a material defined as an acute hazardous waste chemical within the meaning of 0. Reg. 347 as amended from time to time, made under the Environmental Protection Act (Ontario, R.S.O. 1990, c. E.19EPA).

Amalgam dental waste
"amalgam dental waste" means a dental filling material consisting of an amalgam of mercury, silver and other materials such as copper, tin or zinc;

Owners' or Operators' Authorized representative
"authorized representative of the owner or operator" means:

1. a principal executive officer of at least the level of vice president, if the owner or operator is a corporation; or

2. a general partner or proprietor, if the owner or operator is a partnership or proprietorship, respectively; or

3. a duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the sewage discharge originates.

Biochemical oxygen demand
"biochemical oxygen demand' means carbonaceous oxygen demand (biochemical) as determined by Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation.

Blowdown
"blowdown" means the discharge of recirculating, non-contact cooling water for the purpose of discharging materials contained in the water, the further build-up of which would cause concentrations in amounts exceeding limits established by best engineering practices.

Building Code
"Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 and regulations thereunder, as amended from time to time.

Chemical oxygen demand
"chemical oxygen demand" means the quantity of oxygen utilized in the chemical oxidation of matter as determined by Standard Methods.

Commercial waste chemical
"commercial waste chemical' means a material which is a commercial waste chemical within the meaning of 0. Reg. 347 made under the Environmental Protection Act, R.R.O. 1990, c.E.19 (EPA), as amended from time to time.

Composite sample
"composite sample" means a sample which is composed of a series of grab samples
taken at intervals during the sampling period.

Independent Contractor (contractor)
"Independent contractor" means a person, partnership, or corporation contracted to undertake work commissioned by the County, or by an owner or operator, to install or maintain sanitary mains, service mains, services, and other appurtenances under minimal or no supervision and utilizing their own equipment and to perform the scope of work contracted for.

Cyanide (total)
"cyanide (total)" means cyanide as determined by Methods 412B plus one of Method 412C or 412D in Standard Methods.

County
"County" means The Corporation of Norfolk County.

Developer
"Developer' means the owner or party specifically named in a development agreement, or in a subdivision agreement.

Domestic Waste Water
"domestic waste water' means waste water that is the composite of liquid and water carried wastes associated with the use of water for drinking, cooking, cleaning, washing, hygiene, sanitation, or other domestic purposes, but does not include the disposal of unused waste consumer products, including pharmaceuticals or other household wastes, which can be of vegetable origin.

Fees
"fees" means the fees described by the current version of the User Fee and Service Charges By-law, as amended from time to time.

Frontage Charge
"frontage charge" means a charge payable prior to approval of installation of a sanitary building sewer, or its connection, to a sanitary sewer main line.

Fuels
"fuels" means alcohol, gasoline, naphtha, diesel fuel, fuel oil, or any other ignitable substance intended for use as a fuel.

Grab Sample
"Grab sample" means an aliquot of the flow being taken at one particular time and place.

Gravity Sewer
''Gravity sewer" means a conduit utilizing the energy resulting from a difference in elevation for the removal of sewage. The term gravity excludes sewage movement induced through force mains or vacuum sewers.

General Manager
"general manager'' means the General Manager Environmental and Infrastructure Services Division, or their designate.

Hauled sewage
"hauled sewage" means waste removed from a sewage system, including a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet, or a sewage holding tank.

Hauled waste
"hauled waste" means any industrial waste transported into any location in the sanitary sewage works, excluding hauled sewage.

Hazardous industrial waste
"hazardous industrial waste" means a hazardous industrial waste material as defined by the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time.

Hazardous waste chemical
"hazardous waste chemical" means a hazardous waste chemical material as defined by the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time.

Ignitable waste
"ignitable waste" means an ignitable waste material as defined by 0. Reg. 347 made under the Environmental Protection Act, R.R.O. 1990, c.E.19 (EPA), as amended from time to time.

Industrial
"industrial' means of, or pertaining to, industry, manufacturing, commerce, trade, business, or institutions as distinguished from domestic or residential.

Industrial process area
"industrial process area" means any industrial building, property, or land area which, during manufacturing, processing, or storage, comes into direct contact with any raw material, intermediate product, finished product, by-product, or waste product.

Industrial wastes
"industrial wastes" means all water-carried wastes and wastewaters, excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes quantities of wastes of non-human origin.

Kjeldahl nitrogen
"Kje/dah/ nitrogen" means organic nitrogen, as determined by Standard Methods.

Maintenance hole
"maintenance hole" means the top opening to an underground utility vault, used to house an access point for performing maintenance on underground and buried services, including sewers.

Matter
"matter" includes any solid, liquid, or gas.

Municipal Act, 2001
"Municipal Act, 2001" means the Municipal Act, 2001, S.O 2001 c.25 and regulation thereunder, as amended, repealed, or replaced from time to time.

Municipality
"municipality" means The Corporation of Norfolk County, also referred to as ,or its designated representative(s).

NAICS
"NA/CS" means North American Industry Classification System Manual, published by the Executive Office of the President, Office of Management and Budget (replaces SIC).

Non-contact cooling water
"non-contact cooling water' means water, used to reduce temperature, for the purpose of cooling, and which does not come into direct contact with any raw material, intermediate product other than heat, or finished product.

Once-through cooling water
"once-through cooling water' means non-contact cooling water, circulated once through the cooling device.

Ontario Water Resources Act
"Ontario Water Resources Act' means the Ontario Water Resources Act R.S.O. 1990,
c.O.40 and regulations thereunder, as amended, repealed or replaced from time to time.

Owner or operator
"owner or operator' includes the registered owner of any property, land, premises, work, undertaking, or business, and their authorized representative(s) having the charge, management, or control over the property, land, premises, work, undertaking or business, and the occupant.

Pathological waste
"pathological waste" means a pathological waste material as defined by
0. Reg. 347 made under the Environmental Protection Act, R.R.O. 1990, c.E.19 (EPA), as amended, repealed or replaced from time to time, or any material designated in writing by the Medical Officer of Health for the Health Unit of the County.

PCB
"PCB" means any mono-chlorinated or poly-chlorinated biphenyl, or any mixture of these, or mixture that contains one or more of the aforementioned.

PCB waste
"PCB waste" means a PCB waste within the meaning of 0. Reg 362 made under the Environmental Protection Act, R.R.O. 1990, c.E.19 (EPA), as amended from time to time.

Person
"person" includes an individual, association, partnership, corporation, municipality, provincial or federal agency, or other legal representatives of a person in whom the context can apply according to law, and includes the owner or operator of the premises connected to the sanitary sewage works.

Pesticides
"pesticides" means a pesticide regulated under the Pesticides Act, R.S.O. 1990, c. P.11
as amended, repealed or replaced from time to time.

pH
"pH' means the logarithm to the base 10 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution.

Phenolic compounds
"phenolic compounds" means those derivatives of aromatic hydrocarbons, which have a hydroxyl group directly attached to the ring as determined by Standard Methods.

Phosphorus
"Phosphorus" means total phosphorus, as determined by Standard Methods.

Premises
"premises" means lands and structures or either of them.

Private building drain
"private building drain" means the part of lowest horizontal piping of a drainage system, in, or adjacent to, a building and which receives the sewage and conveys it to the private building sewer.

Private building sewer
"private building sewer" means that part of a drainage system outside a building commencing at a point one meter from the outer face of the wall of the building, and
connecting the private building drain to the public sewer or place of disposal of sewage as per Building Code.

Private Sanitary Sewer Forcemain
"Private Sanitary Sewer Force Main" means pipelines that convey sewage under pressure from the private building to a "gravity sewer"

Reactive waste
"reactive waste" means a material which is a reactive waste within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time.

Sanitary building sewer
"sanitary building sewer" means the sewer pipe between the property line and the sanitary sewer mainline.

Sanitary sewer mainline
"sanitary sewer mainline" means the sanitary sewage works excluding the sanitary building sewer and the Wastewater Treatment Facility.

Sanitary sewage works
"sanitary sewage works" means any works for the collection, transmission, treatment and disposal of sewage, or any part of such works, but does not include plumbing to which the Building Code applies.

Severely toxic contaminants
"severely toxic contaminants" means any material listed within the meaning of 0. Reg. 347 made under the Environmental Protection Act, R.R.O. 1990, c.E.19 (EPA), as amended from time to time.

Sewage
"sewage" means any liquid containing organic, inorganic, animal, vegetable or mineral matter in solution or in suspension, including floating materials, but does not include storm water or uncontaminated water alone.

Sewage flow
"sewage flow'' means the volume of sewage disposed to the sanitary sewage works and may be in the form of a rate per day, per hour, or per second.

Solvent extractable matter
"solvent extractable matter' means grease and oil, as determined by the Standard Methods.

Standard Methods
"Standard Methods" means a procedure set out in the most current edition, as of the date of testing, of Standard Methods for the Examination of Water and Wastewater published
jointly by the American Public Health Association, American Water Works Association and Water Environment Federation, or a procedure approved by the Ontario Ministry of the Environment, Conservation and Parks as a standard method or the equivalent of a standard method.

Storm sewer
"storm sewer" means a sewer for the collection and transmission of uncontaminated water, stormwater, cooling water, drainage from land, or from a watercourse or any combination thereof.

Stormwater
"stormwater" means water from rainfall or other natural precipitation or from the melting of snow or ice.

Suspended solids
"suspended solids" means solid matter in or on a liquid which matter is removable by filtering as determined by the Standard Methods.

Uncontaminated water
"uncontaminated water' means water to which no matter has been added as a consequence of its use, or to modify its use, by any person.

Watercourse
"watercourse" means an open channel or ditch constructed as, or resulting from, the construction of municipal work in which a flow of storm water occurs, either continuously or intermittently, including road ditches and other natural depressions or watercourses, draining into any such open channel or ditch whether connected to a storm sewer or not.

Waste disposal site leachate
"waste disposal site leachate" means leachate from any waste disposal site.

Waste radioactive materials
"waste radioactive materials" means any waste material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles.

Wastewater rate
"wastewater rate" means the monthly charge for sewer use, as established by the current version of the County User Fees and Service Charges By-law as amended from time to time.

2. Application of by-law

2.1 Relationship to Regulation and Acts

Nothing in this By-law is to be construed as purporting to permit anything which by the provision of any applicable Provincial Act or Regulation is prohibited, and where there is a conflict in this respect between the provisions of the applicable Act or Regulation and the provisions of this By-law, the provisions which are most restrictive shall prevail.

3. Administration

3.1 Environmental and Infrastructure Services Division responsibility

The General Manager is responsible for the administration of this By-law and may assign duties to such persons and inspectors, as necessary, to carry out the provisions of this By-law.

3.2 Fees and collection

The County is responsible for billing and collecting all fees and charges, as specified in the latest copy of the "User Fees and Service Charges By-law" as amended, repealed or replaced from time to time except as otherwise provided under this By-law.

3.3 Commencement of wastewater rates

Wastewater rates shall commence with the connection of the sanitary service pipe to the sanitary sewer mainline and the connection to a water supply.
If the water supply originates from the municipal drinking water system, the charges will be calculated based on the volumes measured by the water meter.

3.4 Responsibility for payment of rates

Pursuant to Section 398 (1) and (2) of the Municipal Act, wastewater rates shall in every case be the responsibility of the owner of the premises in which the sanitary sewage is generated. Any unpaid amounts will be pursued as outlined in Policy FS- 49 Water and Wastewater Collection Policy.

4. Requirement to connect

4.1 Properties required to connect

Every person shall connect to the sanitary sewer mainline, in accordance with Part 5, within the time period as specified in the notice. The County will permit one connection per lot. More than one connection must be approved by General Manager.

4.2 Failure to connect

4.2.1 Pursuant to Section 446 of the Municipal Act, 2001, if the owner fails to make a connection required by a Notice within the time period specified, the Municipality may make the connection at the expense of the owner and for this purpose may enter into and upon the property subject to
the requirements of Sections 435 -438 of the Municipal Act, 2001.

4.2.2 Pursuant to Section 446 of the Municipal Act, 2001, the costs of making such connection may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes and shall bear interest calculated at the same rate as overdue taxes, calculated for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including the interest, are paid in full.

5. Application for sanitary sewage works

5.1 Application and payment prior to installation

No person shall install, alter, or permit the installation or alteration, of a sanitary service pipe or connect, or permit the connection to a sanitary sewer mainline, without an approved Environmental and Infrastructure Services Permit, except if said installation, alteration, or connection is authorized under a subdivision agreement.

5.2 County Environmental and Infrastructure Services application

The owner of lands that abut a sanitary sewer mainline, or their authorized agent, shall make application for such service on the County's Environmental and Infrastructure Services Permit Application, and shall pay the applicable fee(s) as set out in the County User Fees and Service Charges By-law.

5.3 Frontage charges

Frontage charges apply to certain premises in the County. At the time of filing an application pursuant to section 5.1, the County will advise the owner if frontage charges apply to their premises. Payment of the frontage charges is required at the time of application for an Environmental and Infrastructure Services Permit.

5.4 Installation - easement required

No person shall install, or permit the installation of, any sanitary building sewer over, or across the property of another owner unless a registered easement is obtained for such location, at the person's expense, and proof of such registered easement is provided to the County.

5.5 Contractor and construction standards

The owner of the property shall, at their own expense, be responsible for hiring a competent contractor to undertake the work authorized in the Environmental and Infrastructure Services Permit. A competent contractor shall have demonstrated the knowledge, experience and ability to complete such work in accordance with all applicable construction standards and in a timely manner and shall be insured The County shall inspect the work completed on the sanitary building sewer before signing off on completion of the Environmental and Infrastructure Services Permit.

5.6 Private Sanitary Sewer Forcemain Installation

The owner of the property shall, with the written approval of the General Manager at their own expense, be responsible for hiring a competent contractor to undertake the work authorized in the Environmental and Infrastructure Services Permit from the building to the gravity sewer. A competent contractor shall have demonstrated the knowledge, experience and ability to complete such work in accordance with all applicable construction standards and in a timely manner. Following installation the owner of the lands must provide a certificate from a registered professional engineer, experienced in such matters, certifying that the private sanitary sewer forcemain has been completed and tested and that its specifications and performance meet the requirements of the approved drawings and the County's design criteria. Upon completion if any part of the private sanitary sewer forcemain crosses onto a public right of way the owner shall register the location of the service with the applicable agency.

5.7 Offence - install without permit

No person shall install or permit the installation of any sanitary sewage works that is not in compliance with the County's Environmental and Infrastructure Services Permit

5.8 Service problems

5.8.1. The owner will be held responsible for all costs required for repairs or cleaning of the sanitary building sewer, where the damage to or blockage of the sanitary building sewer is a result of a discharge into the sanitary building sewer. In addition, the owner will be held responsible to repair any damage to the portion of the sanitary building sewer located between the building wall and the property line, except where the cause of the loss is located outside of the defined property line, the onus shall be on the property owner to provide evidence of this. Any consideration for reimbursement or repairs will be determined by General Manager or their designate.

5.8.2. For private sanitary sewer forcemain's the building owner will be held responsible for all costs associated with the repairs and maintenance from the building to the gravity sewer, except where the cause of the damage is attributable to the County, the onus shall be on the property owner to provide evidence of this. Any consideration for reimbursement or repairs will be determined by General Manager or their designate.

6. Sanitary sewer requirements

6.1 Offence to Discharge - Health and safety, damaging

No person shall discharge or deposit or cause or permit the discharge or deposit of
matter of a kind, directly or indirectly, to any sanitary sewage works:

6.1.1 of any type or at any temperature or in any quantity which may be or may become a health or safety hazard to a sewage works employee;

6.1.2 which may be or may become harmful to a sanitary sewage works;

6.1.3 which may cause the sanitary sewage works effluent to contravene any requirement by or under the Ontario Water Resources Act, or the Environmental Protection Act;

6.1.4 which may interfere with the proper operation of a sanitary sewage works;

6.1.5 which may impair or interfere with any sewage treatment process; or

6.1.6 which is or may result in a hazard to any person, animal, property or vegetation.

6.2 Offence to Discharge - Specified matter

Without limiting the generality of section 6.1, no person shall discharge or deposit or permit the discharge or deposit, directly or indirectly into any sanitary sewage works any of the following:

6.2.1 Solid or viscous substances in quantities or of such size as to be capable of causing obstruction to the sewage flow in a sanitary sewage works, including but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, fibers, feathers, grease, tar, plastics, wood, garbage, animal guts or tissues, paunch manure, fats, greases, oils and whole blood;

6.2.2 Sewage that may cause an offensive odour to emanate from a sanitary sewage works, including but not limited to, hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such quantity that may cause an offensive odour;

6.2.3 Stormwater, water from drainage of roofs or land, water from a watercourse or uncontaminated water, sump pumps, subsurface perimeter drains, or surface water;

6.2.4 Water that has originated from a source separate from the water distribution system of the municipality where municipal water distribution is not present, except with prior approval by way of an Environmental and Infrastructure Services Permit prior to the execution of this By-law. Permission may be granted if considered acceptable by the General Manager and subject to payment by the owner of the sewer service rate set out in the User Fees and Service Charges By-law for all water discharged to the sanitary sewage works;

6.2.5 Sewage or uncontaminated water at a temperature greater than 60 degrees Celsius;

6.2.6 Sewage having a pH less than 6.0 or greater than 9.5;

6.2.7 Sewage containing more than 15 milligrams per litre of solvent extractable matter of mineral or synthetic origin;

6.2.8 Sewage containing more than 100 milligrams per litre of solvent extractable matter of animal or vegetable origin;

6.2.9 Sewage in which chemical oxygen demand exceeds 1000 milligrams per litre except where an over strength discharge agreement allowing discharge in excess of these limits, is in effect;

6.2.10 Sewage in which the biochemical oxygen demand exceeds 300 milligrams per litre except where an over strength discharge agreement allowing discharge in excess of these limits, is in effect;

6.2.11 Sewage containing more than 350 milligrams per litre of suspended solids except where an over strength discharge agreement allowing discharge in excess of these limits, is in effect;

6.2.12 Sewage containing more than 10 milligrams per litre of phosphorus except where an over strength discharge agreement allowing discharge in excess of this limit is in effect;

6.2.13 Sewage containing more than 100 milligrams per litre of Kjeldahl nitrogen except where an over strength discharge agreement allowing discharge in excess of this limit is in effect;

6.2.14 Sewage containing more than 1 milligrams per litre of phenolic compounds;

6.2.15 Sewage which consists of two or more separate liquid layers;

6.2.16 Sewage containing dyes or coloring materials that causes discoloration of the sewage works effluent;

6.2.17 Sewage containing any of the following in excess of the indicated concentrations;

6.2.17.1
1500 milligrams/litre
Chlorides expressed as Cl, Sulphates expressed as S04

6.2.17.2
50 milligrams/litre
Aluminum expressed as Al Iron expressed as Fe,

6.2.17.3
10 milligrams/litre
Fluorides expressed as F,

6.2.17.
4 5 milligrams/litre
Antimony expressed as Sb
Barium expressed as Ba
Bismuth expressed as Bi
Cobalt expressed as Co
Manganese expressed as Mn
Molybdenum expressed as Mo
Silver expressed as Ag
Tin expressed as Sn
Titanium expressed as Ti
Vanadium expressed as V,

6.2.17.5
3 milligrams/litre
Lead expressed as Pb
Nickel expressed as Ni,

6.2.17.6
2 milligram/litre
Copper expressed as Cu
Sulphide as S
Zinc expressed as Zn,

6.2.17.7
1 milligram/litre
Arsenic expressed as As
Chromium expressed as Cr
Cyanide expressed as HCN or Cyanide (total)
Selenium expressed as Se,

6.2.17.8
0.10 milligrams/litre
Cadmium expressed as Cd
Mercury expressed as Hg,

6.2.18
Sewage containing any of the following in any amount:
6.2.18.1 Fuels
6.2.18.2 PCBs
6.2.18.3 Pesticides
6.2.18.4 Severely Toxic Contaminants
6.2.18.5 Waste Radioactive Materials;

6.2.19
Sewage containing any of the following in any amount except discharges from County Operations:
6.2.19.1 Hauled Sewage
6.2.19.2 Hauled waste
6.2.19.3 Waste Disposal Site Leachate;

6.2.20
Any of the following Hazardous wastes in any amount;
6.2.20.1 Acute Hazardous Waste Chemicals
6.2.20.2 Hazardous Industrial Wastes
6.2.20.3 Hazardous Waste Chemicals
6.2.20.4 Ignitable Wastes
6.2.20.5 Pathological Wastes
6.2.20.6 PCB Wastes, different than above
6.2.20.7 Reactive Wastes;
6.2.21 Pharmaceutical drugs of any nature.

6.3 Break, damage, deface, destroy -prohibited

No person shall break, damage, destroy, deface, or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering with:

6.3.1 any part of a sanitary sewage works; or

6.3.2 any permanent or temporary device installed in a sanitary sewage works
for the purpose of measuring, sampling and testing.

6.4 Interceptors

Every owner or operator of a premise requiring an interceptor/separator in accordance with the provisions of this By-law shall keep a record of the maintenance and clean out of said interceptor/separator for a period of at least 24 months.

6.4.1. Food-related grease interceptors

Every owner or operator of a restaurant, or other industrial, commercial or institutional premises where food is cooked, processed, or prepared, which premises is connected directly or indirectly to a sanitary sewage works, shall install, operate, and properly maintain a grease interceptor in any piping system at its premises that connects directly or indirectly to a sanitary sewage works.

6.4.2. Interceptors for motor oil and lubricating grease

Every owner or operator of a motor vehicle service station, repair shop or garage or an industrial, commercial or institutional premises or any other establishment where motor vehicles are repaired lubricated or maintained and where the sanitary discharge is directly or indirectly connected to sanitary sewage works shall install and maintain an oil interceptor designed to prevent motor oil and lubricating grease from passing, directly or indirectly into the sanitary sewage works.

6.4.3. Sediment interceptors

Every owner or operator of a premise from which sediment may directly or indirectly enter a sewer, including but not limited to premises using a ramp drain or area drain and car and vehicle wash establishments, shall take all necessary measures to ensure that such sediment is prevented from entering the sanitary sewage works.

6.5 Dental Waste Amalgam Separators

6.5.1 Every person who owns or operates a dental practice shall comply with the Dentistry Act, 1991, S.O. 1991, c. 24, and the regulations made thereunder, as amended from time to time, for the management and disposal of amalgam waste.

6.5.2 A maintenance schedule and record of maintenance shall be made available for review by an enforcement officer and, upon request, a copy shall be provided to an enforcement officer in the manner and format requested, at no charge to the County, for each dental amalgam separator installed.

6.5.3 A record of inspection and any documentation certifying the installation of a dental amalgam separator shall be provided upon request to an enforcement officer and, a copy of the documentation shall also be provided in the requested manner and format at no charge to the County.

6.6 Dilution - prohibited

In determining whether the limit with respect to any matter described in Part 6 is contravened, the volume of any water that has been added that enables compliance with the limit, shall be disregarded for the purposes of calculating whether the limit has been met so that compliance with the limit cannot be attained by dilution

6.7 Garbage Grinders

6.7.1 No person shall install or operate any garbage grinding devices for domestic purposes, the effluent from which will discharge directly or indirectly into a storm, or sanitary sewage works

7. Reports

7.1 Report- requirements

The owner or operator of an industrial premises, that discharge into any sanitary sewage works shall prepare and file with the County an Existing of New Discharger Information Form

8. Agreements

8.1 Over Strength Agreement

If the sanitary sewage discharge of any person, are of such unusual strength or character that compliance with this By-law is not possible, the County may agree to accept the wastes, provided the said wastes are in no way detrimental to the operation of the sanitary sewage works, subject to the person entering into an agreement with the County, to provide for payment of the sewage service rate surcharge, to be calculated according to the terms of the agreement.

An Over Strength Agreement with Over-strength Discharge Conditions may only be entered into with respect to the discharge of the following parameters in sewage: biochemical oxygen demand, chemical oxygen demand, total phosphorus, total kjeldahl nitrogen (TKN), total suspended solids.

The following formula shall apply for the calculation of Over-strength Discharge Fees payable to the County, in addition to the standard sewage treatment fees, by the person with whom the Over Strength Agreement is entered into:

OSDF = F x Q x R

Where "OSDF" means the Over-Strength Discharge Fee, expressed in dollars;

"F" means the ratio of:

Actual Concentration - Allowable Concentration Allowable
Concentration

of the parameter that is in the highest ratio above the respective By-law limits;

"Q" means the volume of discharge of sewage flow in thousand cubic metres (1000 m3) for the period being billed; and

"R" means the volumetric wastewater charge as set out in the User Fee By-law.

A person who is a party to a valid Over Strength Agreement with the County shall not be prosecuted under Section 5 of this By-law provided that all provisions in the Over Strength Agreement are being fully complied with.

The General Manager may terminate any Over Strength Agreement for any non compliance with the terms and conditions thereof or for any non- compliance with this By-law.

The General Manager may suspend any Over Strength Agreement when the General Manager has determined that there is an emergency situation of immediate threat or danger to any p, property, plant, animal life, or waters or any hazard or other adverse impact to the sewage works.

8.2 Agreement exemptions

No person shall exceed, or permit the exceedance of the limits permitted in any over strength agreement executed in accordance with section 8.1.

9. Compliance Program

9.1 Requirements

Every person who has entered into an Over Strength Agreement with Over Strength Discharge Conditions shall submit to the satisfaction of the General Manger or designate within one year from the execution of the Over Strength Agreement, a Compliance Program setting out activities to be undertaken that will result in the prevention or reduction and control of the discharge or deposit of sewage from the premises into the sewage works.

Every proposed compliance program shall be for a specified length of time during which remedial actions are to be implemented by the owner or operator, and shall be specific to the dates of commencement and completion of each activity.

The final activity completion date shall not be later that the final compliance date in the compliance program.

Every person to whom a compliance program has been issued shall submit a compliance program progress report to the General Manager at the intervals indicated in the Over Strength Agreement.

10. Sampling and analytical requirements

10.1 Requirements

Except as otherwise specifically provided in this Part, all tests, measurements, analyses and examinations of sewage, uncontaminated water and stormwater shall be carried out in accordance with Standard Methods.

10.2 Number, type and method

One sample alone taken by the County is sufficient and, without limiting the generality of the foregoing, the sample may be a grab sample or a composite sample, may contain additives for its preservation and may be collected manually or by using an automatic sampling device.

10.3 Sampling access and alternatives

The owner of industrial premises with one or more connections to any sanitary sewage works shall install and maintain in good repair in each connection a suitable maintenance hole to allow observation and sampling of the sewage and measurement of sewage flow therein, provided that where installation of a maintenance hole is not possible, an alternative device or facility may be substituted with the written approval of the General Manager.

10.4 Location - on premises

The maintenance hole or alternate device shall be located at the property line on the property of the owner or operator of the premises, unless the General Manager has given written approval for a different location.

10.5 Alternative testing methods

Where there is no maintenance hole meeting the requirements of this By-law, the General Manager may, by written notice to an industry, make use of an alternate device or facility for the purpose of sampling a discharge to the sanitary sewage works.

10.6 Design, construction and maintenance - owner's expense

Every maintenance hole, device or facility installed as required by this By-law shall be designed and constructed in accordance with good engineering practice and the requirements of the municipality, and shall be constructed and maintained by the owner or operator of the premises at their expense.

10.7 Accessibility- all times

The owner or operator of industrial premises shall at all times ensure that every
maintenance hole, device or facility installed as required by this By-law is at all
times accessible for purposes of observing and sampling the sewage and measuring the sewage flow therein.

10.8 Monitoring of discharge -requirement

The General Manager may require the owner or operator of industrial premises to install and maintain devices to monitor sewage discharges and to submit regular reports regarding the discharges to the municipality.

11. Spills

11.1 Discharge - Duty to notify

Any person who discharges or deposits or causes or permits a discharge or a deposit, into any sanitary sewage works that is not consistent with the ordinary discharge or deposit or that is contrary to the provisions of this By-law, shall notify the General Manager as soon as reasonably possible after becoming aware of the discharge or deposit. This reporting requirement is in addition to any other legal obligations to report.

11.2 Notice of discharge information requirements

For any of the discharges in section 11.1 for which the person is required to give notice, the notification shall include the following information and shall be forwarded by telephone to a County Customer Service Representative. In the event of an afterhours situation, the call will be automatically directed to the 24 hour answering service. The following information will be required:

11.2.1 name of the company and the address of location of the spill;

11.2.2 name of person reporting the spill and telephone number where that person can be reached;

11.2.3 time of the spill;

11.2.4 type and volume of material discharged and any associated hazards as would be outlined on a material safety data sheet;

11.2.5 corrective actions being taken to control the spill;

11.2.6 detailed description of clean-up procedures on or off the property (including dates, times and list of any contracted assistance that has been received during the clean-up);
11.3 Report to be filed within five days

Within five days following a discharge to which section 11.1 applies, the person shall submit to the General Manager a detailed written report describing the cause of the spill and the actions taken or to be taken to prevent a recurrence and shall include any updated information or corrections related to the previously reported items in accordance with section 11.2.

12. General provisions

12.1 Severable By-law provision

If a court of competent jurisdiction declares a part or the whole of any provision of this By-law to be invalid or of no force and effect, the provision or part is deemed severable from this By-law, and the remainder shall survive and be applied and enforced in accordance with its terms to the extent possible under the law.

12.2 By-law context

This By-law shall be read with such changes of gender, number and corporate status as the context may require.

12.3 By-law organization

The insertion of headings and the division of this By-law, into parts, sections and subsections are for convenience of reference only and shall not affect the interpretation of this By-law.

13. Enforcement

13.1 Responsibility for enforcement

Municipal Law Enforcement Officers appointed by the County are authorized to enforce the provisions of this By-law.

13.2 Power to inspect and take samples

In accordance with section 87 of the Municipal Act, 2001, and in accordance with Part 10 of this By-law, the municipality may enter on land, at reasonable times, to inspect the discharge of any matter into the sanitary sewage works of the municipality or into any other sewage system the contents of which ultimately empty into the municipal sanitary sewage works and may conduct tests and take samples for this purpose.

13.3 Power of entry re-inspection

Pursuant to section 435 and 436 of the Municipal Act, 2001 any employee, officer or agent of the municipality or a member of the police force of the municipality, may without notice, and upon producing proper identification upon request, enter on land at any reasonable time for the purpose of carrying out an inspection, to determine whether this By-law, a direction or order of the municipality made under this By-law, a condition of a permit issued under this By-law, or an order made under Section 431 of the Municipal Act, is being complied with. The person exercising the power may be accompanied by a person under his or her direction.

13.4 Inspection powers

Any employee, officer or agent of the municipality or a member of the police force of the municipality, carrying out an inspection pursuant to section 13.2 of this Bylaw may:

13.4.1 require the production for inspection of documents or things relevant to the inspection;

13.4.2 inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

13.4.3 require information from any person concerning a matter related to the inspection; and

13.4.4 alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

13.5 Samples

13.5.1 A sample taken under subsection 13.4.4 shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities and it is technically feasible to divide the sample.

13.5.2 If a sample is taken under subsection 13.4.4 and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.

13.5.3 A receipt shall be provided for any document or thing removed under subsection 13.5.4 and the document or thing shall be promptly returned after the copies or extracts are made.

13.5.4 Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.

13.6 Power of entry- pursuant to an order

Where an employee, officer or agent of the municipality or a member of the police force of the municipality, has made a reasonable attempt to obtain the occupier's consent to conduct an inspection and has been unable to exercise the powers of inspection under the authority of section 13.2 or 13.3, the municipality may pursuant to section 438 of the Municipal Act, 2001 obtain an order authorizing the municipality to enter on land for the purpose of carrying out an inspection.

13.7 Power of entry- dwelling unit

Despite section 13.2, a person exercising a power of entry on behalf of the municipality under this By-law shall not enter or remain in any room or place actually being used as a dwelling unless:

13.7.1 the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438, a warrant issued under section 439 or a warrant under section 386.3 of the Municipal Act, 2001;

13.7.2 an order issued under section 438 of the Municipal Act, 2001 is obtained;

13.7.3 a warrant issued under section 439 of the Municipal Act, 2001 is obtained;

13.7.4 a warrant issued under section 386.3 of the Municipal Act, 2001 is obtained;

13.7.5 the delay necessary to obtain an order under section 438, to obtain a warrant under section 439 or to obtain the consent of the occupier would result in an immediate danger to the health or safety of any person. ;

13.8 Order to discontinue

Pursuant to section 444 of the Municipal Act, 2001, where the municipality is satisfied that a contravention of this By-law has occurred, the municipality may make an order requiring the person who contravened the By-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity. The order shall set out,

13.8.1 reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

13.8.2 the date by which there must be compliance with the order.

13.9 Work order

Pursuant to section 445 of the Municipal Act, 2001, where the municipality is satisfied that a contravention of this By-law has occurred, the municipality may make an order requiring the person who contravened the By-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention. An order may require work to be done even though the facts which constitute the contravention of the By-law were present before the By-law making them a contravention came into force. The order shall set out:

13.9.1 reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

13.9.2 the work to be done and the date by which the work must be done.

13.10 Remedial action

Pursuant to section 446 of the Municipal Act, 2001, where the municipality has the authority under this By-law or under any Act to direct or require a person to do a matter or thing, in default of it being done by the person directed or required to do it, the municipality may enter upon land at any reasonable time, to perform the work at the person's expense and may recover the costs from the person
directed or required to do it, by action or by adding the costs to the tax roll.

13.11 Offence - obstructing officer or inspector

No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
who is exercising a power or performing a duty under this By-law.

14. Penalty

14.1 Fine - for contravention - other than corporation

Subject to section 14.2, every person who contravenes any provision of this By-law and every director or officer of a corporation who knowingly concurs in the contravention of a By-law by the corporation is guilty of an offence and upon conviction is subject to a fine of not more than $5,000 for a first conviction, and not more than $10,000 for any subsequent conviction of this By-law.

14.2 Fine - for contravention - corporation

Despite section 14.1, where a corporation is convicted of an offence under the provisions of this By-law, the maximum fines that may be imposed on the corporation are $25,000 for a first conviction and $50,000 for any subsequent conviction.

14.3 Continuation - repetition contravention

Notwithstanding section 14.1, every person that contravenes any provision of this By-law and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation is guilty of an offence for every day or part thereof upon which such offence occurs or continues, and upon conviction is liable, to a fine of not more than $5,000 for each day that the offence continues.

14.4 Continuation - repetition contravention -corporation

Notwithstanding section 14.2, every corporation that contravenes any provision of this By-law is guilty of an offence for every day or part thereof upon which such offence occurs or continues and upon conviction is liable, to a fine of not more than $10,000 for each day that the offence continues.

15. Short title

15.1 Short title

This By-law may be known and referred to as the "Sanitary Sewer Use By-law".

16. Effective date

This By-law shall come into force and take effect on the day upon which it is passed.