Source Control Bylaw No. 941-19

Beaumont, Alberta · adopted 2019-04-23

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1 CITY OF BEAUMONT Bylaw Number 941-19 SOURCE CONTROL BYLAW A BYLAW OF THE CITY OF BEAUMONT, IN THE PROVINCE OF ALBERTA, TO REGULATE THE USE AND OPERATION OF BEAUMONT'S WASTEWATER COLLECTION SYSTEM AND TO ESTABLISH SOURCE CONTROL REQUIREMENTS AND REGULATIONS. WHEREAS, pursuant to section 7(a) of the Municipal Government Act, RSA 2000, c M-26, a council of a municipality may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; AND WHEREAS, pursuant to section 7(g) of the Municipal Government Act, RSA 2000, c M-26, a council of a municipality may pass bylaws for municipal purposes respecting public utilities; AND WHEREAS, Beaumont operates a Wastewater System for the purpose of providing Wastewater Services within its boundaries, pursuant to, and in accordance with, its Utility Services Bylaw; AND WHEREAS, it is necessary to control the substances discharged into the Wastewater System to protect both the Wastewater System and the environment; AND WHEREAS, Beaumont is a member of the Alberta Capital Region Wastewater Commission (ACRWC), which provides Wastewater transmission and treatment services to its member municipalities; NOW THEREFORE the Council of the City of Beaumont in the Province of Alberta, duly assembled, enacts as follows: 1.0 SHORT TITLE 1.1 This Bylaw may be cited as the "Source Control Bylaw". 2.0 DEFINITIONS As used in this Bylaw, the following terms shall have the meanings indicated: 2.1 "Accredited Laboratory" means any laboratory accredited by an authorized accreditation body in accordance with a standard based on "CAN-P-1585: Requirements for the Accreditation of Environmental Testing Laboratories" established by the Standards Council of Canada, as amended, or "ISO/IEC/EN 17025: General Requirements for Competence of Calibration and Testing Laboratories" established by the International Organization for Standardization, as amended. 2.2 "ACRWC" means the Alberta Capital Region Wastewater Commission. 2 2.3 "Additional Overstrength Surcharge" means a rate, fee or charge imposed upon a Person who releases Wastewater to the Wastewater System that exceeds one or more constituent concentrations set out in Column "B" of Schedule "C". 2.4 "Beaumont" means the municipal corporation of the City of Beaumont and its duly authorized employees, agents, contractors and other representatives or the geographic area contained within the boundaries thereof, as the context requires. 2.5 "Best Management Practices (BMP)" means an integrated plan to control and reduce the release of Restricted Waste and Prohibited Waste into the Wastewater System to a practicable extent, through methods including physical controls, Pre-Treatment processes, operational procedures and staff training. 2.6 "Biochemical Oxygen Demand (BOD)" means the five-day BOD which is the determination of the molecular oxygen utilized during a five-day incubation period for the biochemical degradation of organic material (carbonaceous demand), and the oxygen used to oxidize inorganic material such as sulphides and ferrous iron, and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods. 2.7 "Biomedical Waste" biomedical waste as defined in the Province of Alberta's Waste Control Regulation, Alta Reg 192/1996, as amended from time to time. 2.8 "Blowdown Water" means recirculating water that is discharged from a cooling or heating water system for the purpose of controlling the level of water in the system or for the purpose of discharging from the system materials contained in the system, the further build-up of which would or might impair the operation of the system. 2.9 "Chemical Oxygen Demand (COD)" means a measure of the capacity of water to consume oxygen as a result of oxidation of inorganic chemicals and decomposition of organic Matter. 2.10 "Chief Administrative Officer" means the chief administrative officer of Beaumont or the chief administrative officer's designate. 2.11 "City Service Pipe" means that portion of a Service Connection that extends from the Wastewater Main to the property line of a parcel that receives, or is to receive, Wastewater Services. 2.12 "Clear-Water Waste" includes Non-Contact Cooling Water and other water that has not come into contact with Wastewater contaminant sources. 2.13 "Code of Practice" means a set of practices applicable to specific Designated Sector Operations; a code of practice identifies mandatory procedures, 3 equipment, training or other provisions required as a condition of Wastewater discharge into the Wastewater System. A code of practice may be included in approved Best Management Practices. 2.14 "Combustible Liquid" means a liquid that has a flash point not less than 37.8 degrees Celsius and not greater than 93.3 degrees Celsius. 2.15 "Compliance Program" means the necessary steps undertaken by a User to bring Wastewater discharged into the Wastewater System into compliance with the terms and conditions of this Bylaw or related permit. Compliance Programs are applicable to existing Users only; new Users must fully comply with the requirements of this Bylaw. 2.16 "Composite Sample" means a volume of Wastewater made up of four or more Grab Samples that have been combined automatically or manually and taken at intervals during the sampling periods. 2.17 "Cooling Water" means water that is used in a process for the purpose of removing heat and that has not, by design, come into contact with any raw material, intermediate product, waste product or finished product, but does not include Blowdown Water. 2.18 "Dental Amalgam" means a dental filling material consisting of an amalgam of mercury, silver and other materials such as copper, tin or zinc. 2.19 "Dental Amalgam Separator" means any technology, or combination of technologies, designed to separate Dental Amalgam particles from dental operation Wastewater. 2.20 "Designated Sector Operations" means Industrial, commercial or Institutional sectors required to adopt Codes of Practice. 2.21 "Domestic Wastewater" means Wastewater produced on a residential premises, or sanitary waste and Wastewater from sanitary facilities produced on a non-residential property. 2.22 "Fees and Charges Bylaw" means the 2019 Fees and Charges Bylaw, as amended, or repealed and replaced, from time to time, and shall, for greater certainty, refer to the most recent Beaumont bylaw that establishes rates, fees and charges applicable to Wastewater Services, regardless of the name of that bylaw. 2.23 "Flashpoint" means the temperature at which enough vapour collects on the surface of a liquid to become flammable. The lower the flashpoint, the more flammable the material is. 2.24 "Flow Monitoring Point" means an access place to the Private Service for the purpose of: 4 a. measuring the rate or volume of Wastewater, Storm Water, clear water waste or Subsurface Water released from the premises; and b. collecting representative samples of the Wastewater, Storm Water, Clear Water Waste or Subsurface Water released from the premises. 2.25 "Fuels" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable substance intended for use as a fuel. 2.26 "Grab Sample" means a volume of Wastewater, Storm Water or Uncontaminated Water which is collected over a period not exceeding 15 minutes. 2.27 "Groundwater" means water beneath the earth's surface accumulating as a result of seepage. 2.28 "Hauled Waste" means any Industrial waste which is transported to and deposited into any location in the Wastewater System, excluding Hauled Wastewater. 2.29 "Hauled Wastewater" means Wastewater removed from a collection system, including a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet or a Wastewater holding tank. 2.30 "Hazardous Substance" means: a. any substance or mixture of substances, other than a Pesticide, that exhibits characteristics of flammability, corrosivity, reactivity or toxicity; and b. any substance that is designated as a hazardous substance within the meaning of the province of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12, and Waste Control Regulation, Alta Reg 192/1996, both as amended or repealed or replaced from time to time. 2.31 "Ignitable Waste" means a substance that is: a. a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has a flash point less than 93 degrees Celsius, as determined by the Tag Closed Cup Tester (ASTM D-56-97a), the Setaflash Closed Cup Tester (ASTM D-3828-97 or ASTM D-3278-96e1), the Pensky- Martens Closed Cup Tester (ASTM D-93-97), or as determined by an equivalent test method; b. a solid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a danger; 5 c. a compressed gas; or d. an oxidizing substance. 2.32 "Industrial" means of or pertaining to manufacturing, commerce, trade, business or Institutions, as distinguished from domestic or residential. 2.33 "Industry User" means any Owner or operator of Industrial, commercial or Institutional premises from which there is a discharge of any Matter directly or indirectly into the Wastewater System. 2.34 "Inspector" means a Person authorized by Beaumont to conduct inspections, take measurements, conduct sampling, and perform testing, as contemplated in this Bylaw, which Person may include, without restriction, the ACRWC. 2.35 "Institution" means a facility, usually owned by a government, operated for public purposes, such as schools, universities, medical facilities (hospitals, nursing stations, nursing homes), museums, prisons, government offices, military bases. Some of these facilities produce non-residential discharges to the Wastewater System from, for example, laboratories, chemical use, or Industrial processes. 2.36 "Institutional" means of or pertaining to an Institution. 2.37 "Lower Explosive Limit (LEL)" means the concentration of a gas or vapour in the air. Below the LEL, there is not enough vapour in the air to fuel a fire. 2.38 "Matter" includes any solid, liquid or gas. 2.39 "Monitoring Access Point" means an access point, such as a chamber, in a Private Service to allow for observation, sampling and flow measurement of the Wastewater, Uncontaminated Water or Storm Water therein. 2.40 "Municipal Tag": means a tag or similar document issued by Beaumont pursuant to the Municipal Government Act, RSA 2000, c M-26, that alleges a bylaw offence and provides a Person with the opportunity to pay an amount to Beaumont in lieu of prosecution for the offence. 2.41 "Non-Contact Cooling Water" means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with any raw material, intermediate or finished product other than heat. 2.42 "Non-Domestic Wastewater" means all Wastewater except Domestic Wastewater, Uncontaminated Water, and Septic Tank Waste. 2.43 "Oil and Grease" means n-Hexane extractable Matter as described in Standard Methods. 6 2.44 "Oil - Water Separator" means a three-stage oil-water separator that meets the Standard for Oil-Water Separators (ULC-S656-14) prepared by Underwriters' Laboratories of Canada or the equivalent oil-water separation technology able to achieve a Wastewater quality of 100 mg/L of Oil and Grease (mineral- synthetic/hydrocarbons) or less. 2.45 "Overstrength" means Wastewater released to the Wastewater System that is higher in concentration for one or more constituent concentrations set out in Schedule "C" of this Bylaw. 2.46 "Overstrength Surcharge" means a rate, fee or charge imposed upon a Person who releases Wastewater to the Wastewater System that exceeds one or more constituent concentrations set out in Column A of Schedule "C". 2.47 "Owner" means: a. in the case of land, the Person who is registered under the Land Titles Act, RSA 2000, c L-4, as the owner of the fee simple estate in the parcel of land; or b. in the case of any property other than land, the Person in lawful possession of it. 2.48 "Pathological Waste" means pathological waste within the meaning of the Canadian Human Pathogens and Toxins Act, SC 2009, c 24, as amended, or repealed and replace, from time to time. 2.49 "PCBs" means any monochlorinated or polychlorinated biphenyl or any mixture of them or mixture that contains one or more of them. 2.50 "Peace Officer" includes a Bylaw Officer appointed by Beaumont, a Community Peace Officer whose appointment includes enforcement of Beaumont's Bylaws and a member of the Royal Canadian Mounted Police. 2.51 "Person" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative to whom the context applies according to law. 2.52 "Pesticide" means a pesticide regulated under the Canadian Pests Control Products Act, SC 2002, c 28, the Province of Alberta's Pesticide (Ministerial) Regulation, Alta Reg 43/1997, and/or Pesticide Sales, Handling, Use and Application Regulation, Alta Reg 24/1997, all as amended, or repealed and replaced, from time to time. 2.53 "Pre-Treatment" means the reduction, elimination or alteration of Matter in Wastewater prior to discharge into the Wastewater System. This reduction or alteration can be obtained by physical, chemical, or biological processes, through 7 pollution prevention, or by other means, except by diluting the concentration of the pollutants. 2.54 "Private Service" means that portion of a Service Connection that extends from the property line to a building or other place on a parcel of land that receives, or is to receive, Wastewater Services, comprised of the assembly of pipes, fittings, fixtures, traps and appurtenances for the collection and transmission of Wastewater into the Wastewater System. 2.55 "Prohibited Waste" means prohibited waste as defined in Schedule "A" of this Bylaw. 2.56 "Reactive Waste" means a substance that: a. is normally unstable and readily undergoes violent changes without detonating; b. reacts violently with water; c. forms potentially explosive mixtures with water; d. when mixed with water, generates toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment; e. is a cyanide or sulphide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment; f. is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement; g. is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or h. is an explosive as defined in the regulations under the Canadian Explosives Act, RSC 1985, c E-17, as amended, or repealed and replaced, from time to time. 2.57 "Restricted Waste" means restricted waste as defined in Schedule "B" of this Bylaw. 2.58 "Sampling Port" means a valve, tap, or similar device on equipment, a drain pipe or at another suitable location, to allow for sampling, consistent with technical guidelines that Beaumont may establish or adopt from time to time. 2.59 "Septic Tank Waste" means any waste extracted from a cesspool, septic tank, sewage holding tank, seepage pit, interceptor or other containment for human excretion and wastes. 8 2.60 "Service Connection" means all of the infrastructure, pipes, fittings, fixtures, traps and appurtenances required to achieve a physical connection between Beaumont's Wastewater Main and the building or other place on a parcel of land to which Wastewater Services are provided, to allow a User to discharge Wastewater into the Wastewater System, which includes a Private Service and City Service Pipe. 2.61 "Spill" means a direct or indirect discharge into the Wastewater System which is abnormal in quantity or quality in light of all the circumstances of the discharge. 2.62 "Standard Methods" means a procedure or method set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation, recent or latest edition, or approved in writing by Beaumont. 2.63 "Storm Sewer" means a pipe, conduit, drain, open channel or ditch for the collection and transmission of Uncontaminated Water, Storm Water, drainage from land or from a Watercourse or any combination thereof. 2.64 "Storm Water" means the water running off the surface of a drainage area during and immediately after a period of rain or snow melt. 2.65 "Subsurface Water" means Groundwater including foundation drain water. 2.66 "Total Suspended Solids (TSS)" means insoluble Matter in liquid that is removable by filtration, as determined by the appropriate procedure described in Standard Methods. 2.67 "Toxic Substance" means any substance defined as toxic under the Canadian Environmental Protection Act 1999, SC 1999, c 33, and within the meaning of Alberta's Waste Control Regulation, Alta Reg 192/1996, both as amended, or repealed and replaced, from time to time. 2.68 "Uncontaminated Water" means water with a level of quality which is typical of potable water normally supplied by Beaumont. 2.69 "User" means means any Person receiving Wastewater Services, including without limiting the generality of the foregoing, any Person who discharges any Matter, including Wastewater, into the Wastewater System, and where the context or circumstances so require, also includes any Person: a. who has made an application for Wastewater Services or otherwise seeks to receive Wastewater Services; b. who is named on an account, contract or agreement for the supply of Wastewater Services by Beaumont or its authorized representatives; 9 c. who is the Owner or occupant of a property for which an application for Wastewater Services has been made, which has been connected to the Wastewater System or which receives Wastewater Services; or d. who acts as agent or representative of a User. 2.70 "Utility Services Bylaw" means Beaumont's Utility Services Bylaw, as amended, or repealed and replaced, from time to time. 2.71 "Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act, RSA 2000, c P-34. 2.72 "Waste Disposal Site Leachate" means the liquid containing dissolved or suspended contaminants which emanates from waste (solid waste or garbage) and is produced by water percolating through waste or by liquid in waste. 2.73 "Waste Radioactive Substances" means substances defined in the federal Nuclear Safety and Control Act, SC 1997, c 9, and the regulations passed thereunder, as amended, or repealed and replaced, from time to time. 2.74 "Wastewater" means the composite of water and water-carried wastes from residential, commercial, Industrial or Institutional premises or any other source. 2.75 "Wastewater Discharge Permit" means a permit issued pursuant to this Bylaw by Beaumont, or an authorized representative of Beaumont, which may include, without restriction, the ACRWC, which authorizes and/or governs the discharge of Wastewater or other Matter into the Wastewater System. 2.76 "Wastewater Main" means those pipes installed for the collection and transmission of Wastewater within Beaumont to which City Service Pipes may be connected. 2.77 "Wastewater Services" includes the collection, transmission, treatment and disposal of Wastewater, as applicable, and associated services offered to a User under this Bylaw and/or the Utility Services Bylaw. 2.78 "Wastewater Sludge" means solid material recovered from the Wastewater treatment process. 2.79 "Wastewater System" means the infrastructure and works used by Beaumont and/or its authorized representatives, which may include, without restriction, the ACRWC, for the collection, transmission, treatment and/or disposal of Wastewater, including, without limitation, Wastewater Mains, Service Connections, Wastewater Treatment Facilities, and all other associated pipes, valves, fittings, chambers, equipment and machinery. 10 2.80 "Wastewater Treatment Facility" means any structure or thing used for the physical, chemical, biological or radiological treatment of Wastewater, and includes sludge treatment, Wastewater Sludge storage and disposal facilities. 2.81 "Watercourse" means an open channel, ditch or depression, either natural or artificial, in which flow of water occurs either continuously or intermittently. 3.0 RELEASES TO THE WASTEWATER SYSTEM AND WASTEWATER DISCHARGE PERMITS 3.1 No Person shall release, or permit the release of, any Matter into the Wastewater System except: a. Domestic Wastewater; b. Non-Domestic Wastewater that complies with the requirements of this Bylaw; c. Hauled Wastewater, including septage, that complies with the requirements of this Bylaw, or where a Wastewater Discharge Permit authorizing the release has been issued by Beaumont, or an authorized representative of Beaumont, which may include, without restriction, the ACRWC; or d. Storm Water, Clear-Water Waste, Subsurface Water or other Matter where a Wastewater Discharge Permit authorizing the release has been issued by Beaumont, or an authorized representative of Beaumont, which may include, without restriction, the ACRWC. 3.2 No Person shall release or permit the release of any Prohibited Waste or Restricted Waste, without a valid Wastewater Discharge Permit that authorizes the release in question. 3.3 The Chief Administrative Officer may prohibit, or set discharge concentration and/or loading rate limits for, any Matter not identified in a Schedule to this Bylaw if the Chief Administrative Officer determines, acting reasonably, that it is necessary to do so in order to protect the Wastewater System, meet Wastewater Standards or legislative requirements, control biosolids quality or adopt prohibitions, discharge concentration limits or flow rate limits established by the ACRWC, and no Person shall discharge Wastewater to the Wastewater System in contravention of a prohibition or limit established pursuant to this Subsection. 3.4 If required by Beaumont, Users shall complete and submit an application for a Wastewater Discharge Permit, and such application shall be of a type, and in a form, specified by Beaumont or an authorized representative of Beaumont, which may include, without restriction, the ACRWC. 3.5 If required by Beaumont, Users shall not discharge to the Wastewater System until the User has obtained a Wastewater Discharge Permit from Beaumont or an authorized representative of Beaumont, which may include, without restriction, the ACRWC. 11 3.6 Beaumont and, if authorized by Beaumont, the ACRWC may issue, and amend, a Wastewater Discharge Permit to allow the discharge of Wastewater into the Wastewater System upon such terms and conditions as Beaumont or the ACRWC, as applicable, considers appropriate and, without limiting the generality of the foregoing, may, in the Wastewater Discharge Permit: a. place limits and restrictions on the quantity, composition, frequency and nature of the Wastewater permitted to be discharged; b. require the holder of a Wastewater Discharge Permit to repair, alter, remove, add to, or construct new Pre-Treatment facilities; and c. provide that the Wastewater Discharge Permit will expire on a specified date, or upon the occurrence of a specified event. 3.7 A Person that holds, or is subject to, a Wastewater Discharge Permit shall comply with the Wastewater Discharge Permit. 4.0 PROHIBITION OF DILUTION 4.1 No Person shall dilute, or permit to be diluted, any Wastewater for the purpose of achieving compliance with the Bylaw. 5.0 SAMPLING 5.1 Subject to Subsection 16.6, where sampling is required for the purposes of determining the concentration of constituents in Wastewater, Storm Water or Uncontaminated Water, the sample may: a. be collected manually or by using an automatic sampling device; and b. contain additives for its preservation. 5.2 For the purpose of determining compliance with Schedules "A" or "B", discrete Wastewater streams within premises may be sampled, at the discretion of Beaumont or its Inspector. 5.3 Any single Grab Sample may be used to determine compliance with Schedules "A" or "B". 5.4 All tests, measurements, analyses and examinations of Wastewater, its characteristics or contents pursuant to this Bylaw shall be carried out in accordance with "Standard Methods" and be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratory's scope of accreditation or to the satisfaction of Beaumont as agreed in writing prior to sample analysis. 12 6.0 USER SELF MONITORING 6.1 A User shall complete any monitoring or sampling of any discharge to the Wastewater System as required by Beaumont, and provide the results to Beaumont, or if directed by Beaumont, to the ACRWC, in the form specified by Beaumont or the ACRWC, as applicable. 6.2 The obligations set out in, or arising out of, Subsection 6.1 shall be completed at the expense of the User. 7.0 ADDITIONAL REQUIREMENTS 7.1 FOOD-RELATED GREASE INTERCEPTORS 7.1.1 Every User who is Owner or operator of a restaurant or other Industrial, commercial or Institutional premises where food is cooked, processed or prepared, for which the premises is connected directly or indirectly to the Wastewater System, shall take all necessary measures to ensure that Oil and Grease are prevented from entering the Wastewater System in excess of the provisions of this Bylaw. Oil and Grease interceptors shall not discharge to the Storm Sewer. 7.1.2 The User referred to in Subsection 7.1.1 shall install, operate, and properly maintain, at the User's expense, an Oil and Grease interceptor in any piping system at its premises that connects directly or indirectly to the Wastewater System. The Oil and Grease interceptors shall be installed in compliance with the most current requirements of the applicable Building Code and the National Plumbing Code of Canada. 7.1.3 All Oil and Grease interceptors shall be maintained in good working order according to the manufacturer's recommendations. The testing, maintenance and performance of the interceptor shall meet the requirements of CAN/CSA B-481. Traps should be cleaned before the thickness of the organic material and solids residuals is greater than twenty-five percent of the available volume; cleaning frequency should not be less than every four weeks. Maintenance requirements should be posted in the workplace in proximity to the grease interceptor. Maintenance and clean out shall be documented at the time it is performed. 7.1.4 A maintenance schedule and record of maintenance carried out shall be submitted to Beaumont and/or its authorized representative upon request for each interceptor installed. 7.1.5 A User who is the Owner or operator of premises as set out in Subsection 7.1.1 shall, for two years, keep the records which document the maintenance and clean outs performed for interceptor clean-out and Oil and Grease disposal. 13 7.1.6 Emulsifiers shall not be discharged into interceptors. No Person shall use enzymes, bacteria, solvents, hot water or other agents to facilitate the passage of Oil and Grease through a grease interceptor. 7.1.7 In the case of failure to adequately maintain the grease interceptor to the satisfaction of Beaumont or the ACRWC, Beaumont may require an alarmed monitoring device to be installed, at the expense of the User, in accordance with any specifications that Beaumont may prescribe or adopt. All costs incurred from the clean-up related to an offence under Subsection 7.1 will solely be the responsibility of the User. 7.2 VEHICLE AND EQUIPMENT SERVICE OIL AND GREASE INTERCEPTORS 7.2.1 Every User who is the Owner or operator of a vehicle or equipment service station, repair shop or garage or of an Industrial, commercial or Institutional premises or any other establishment where motor vehicles are repaired, lubricated or maintained and where the discharge is directly or indirectly connected to the Wastewater System shall install an Oil and Grease interceptor designed to prevent motor oil and lubricating grease from passing into the Wastewater System in excess of the limits in this Bylaw. Oil and Grease interceptors shall not discharge to the Storm Sewer. 7.2.2 The User referred to in Subsection 7.2.1 shall install, operate, and properly maintain an Oil and Grease interceptor in any piping system at its premises that connects directly or indirectly to the Wastewater System. The Oil and Grease interceptors shall be installed in compliance with the most current requirements of the applicable Building Code and be maintained as recommended by the Canadian Fuels Association (formerly the Canadian Petroleum Products Institute). 7.2.3 All Oil and Grease interceptors and separators shall be maintained in good working order and according to the manufacturer's recommendations and shall be inspected regularly to ensure performance is maintained to the manufacturer's specifications for performance and to ensure the surface oil and sediment levels do not exceed the recommended level. In the absence of manufacturer's recommendations, the floating Oil and Grease shall not accumulate in the final stage chamber of the Oil and Grease separator in excess of 5% of the wetted height and the settled solids shall not accumulate in the final stage chamber of the Oil and Grease separator in excess of 25% of the wetted height. Maintenance and clean out shall be documented at the time it is performed. 7.2.4 A maintenance schedule and record of maintenance shall be submitted to Beaumont and/or its authorized representative upon request for each Oil and Grease interceptor installed. 14 7.2.5 A User who is the Owner or operator of the premises as set out in Subsection 7.2.1, shall, for two years, keep the records which document the maintenance and clean outs performed for interceptor clean-out and Oil and Grease disposal. 7.2.6 Emulsifiers shall not be discharged into interceptors. No Person shall use enzymes, bacteria, solvents, hot water or other agents to facilitate the passage of Oil and Grease through an Oil and Grease interceptor. 7.2.7 In the case of failure to adequately maintain the Oil and Grease interceptor to the satisfaction of Beaumont or the ACRWC, Beaumont may require an alarmed monitoring device to be installed, at the expense of the User, in accordance with any specifications that Beaumont may prescribe or adopt. All costs incurred from the clean-up related to an offence under Subsection 7.2 will solely be the responsibility of the User. 7.3 SEDIMENT INTERCEPTORS 7.3.1 Every User who is the Owner or operator of premises from which sediment may directly or indirectly enter the Wastewater System, including but not limited to premises using a ramp drain or area drain and vehicle wash establishments, shall take all necessary measures to ensure that such sediment is prevented from entering the Wastewater System in excess of the limits in this Bylaw. 7.3.2 All sediment interceptors shall be approved by Beaumont and maintained in good working order, at the User's expense, according to manufacturer's recommendations and shall be inspected regularly to ensure performance is maintained to the manufacturer's specifications for performance. In the absence of manufacturer's recommendations, the settled solids shall not accumulate in the final stage chamber of the sediment interceptor in excess of 25% of the wetted height. Maintenance and clean out shall be documented at the time it is performed. 7.3.3 A User who is the Owner or operator of a premises as set out in Subsection 7.3.1, shall, for two years, keep the records which document interceptor clean-out and sediment disposal. 7.3.4 A maintenance schedule and record shall be submitted to Beaumont and/or its authorized representative upon request for each sediment interceptor installed. 7.4 DENTAL WASTE AMALGAM SEPARATOR 7.4.1 Every User who is the Owner or operator of premises from which Dental Amalgam may be discharged, which waste may directly or indirectly enter 15 the Wastewater System, shall install, operate and properly maintain, at the User's expense, Dental Amalgam Separator(s) with at least 95% efficiency in amalgam weight and certified ISO 11143 - "Dental Equipment: Amalgam Separators", in any piping system at its premises that connects directly or indirectly to the Wastewater System except where the sole dental-related practice at the premises consists of one or more of the following specialties or type of practice: a. Orthodontics and dentofacial orthopedics; b. Oral and maxillofacial surgery; c. Oral medicine and pathology; d. Periodontics; or e. A dental practice consisting solely of visits by a mobile dental practitioner who prevents any Dental Amalgam from being released directly or indirectly to the Wastewater System. 7.4.2 Notwithstanding compliance with Subsection 7.4.1 all Persons operating or carrying on the business of a dental practice shall comply with Schedules "A" and "B" of this Bylaw. 7.4.3 All dental waste amalgam separators shall be maintained in good working order and according to the manufacturer's recommendations. 7.4.4 A maintenance schedule and record of maintenance shall be submitted to Beaumont and/or its authorized representative upon request for each Dental Amalgam separator installed. 7.5 PRE-TREATMENT FACILITIES 7.5.1 Where required by Beaumont, a User shall install, on premises that the User owns or occupies, and prior to the sampling point, a Wastewater Pre-Treatment facility. 7.5.2 Pre-Treatment facilities shall be installed, operated and maintained by the User at the User's expense. 7.5.3 The User shall ensure the design, operation and maintenance of the Pre- Treatment facility achieves the treatment objectives, operates and is maintained in accordance with the manufacturer's recommendations. 7.5.4 The User shall not deposit the waste products from the Pre-Treatment facility into the Wastewater System and shall ensure any waste products from the Pre-Treatment facility are disposed of in a safe manner. 16 7.5.5 The maintenance records and waste disposal records shall be submitted to Beaumont and/or its authorized representative upon request. 7.5.6 The User shall keep documentation pertaining to the Pre-Treatment facility and waste disposal for two years. 8.0 HAULED WASTEWATER 8.1 No Person shall discharge Hauled Wastewater or Hauled Waste to the Wastewater collection system works unless: a. the carrier of the Hauled Wastewater or Hauled Waste, operating as a waste management system, is certified according to all applicable federal and provincial legislations and a copy of the most recent certificate of approval, or provisional certificate, and any amendments thereto is provided to Beaumont and/or its authorized representative; b. the carrier meets all conditions for discharge that are or may be set from time to time with respect to the discharge of Hauled Wastewater or Hauled Waste by Beaumont or the ACRWC; and c. the Hauled Wastewater or Hauled Waste meets the conditions set out in all applicable federal and provincial environmental protection regulations. 8.2 No Person shall discharge or permit the discharge of Hauled Wastewater or Hauled Waste to the Wastewater System: a. at a location other than a Hauled Wastewater or Hauled Waste discharge location approved by Beaumont; b. without a manifest, in a form approved by Beaumont, completed and signed by the carrier of the Hauled Wastewater or Hauled Waste and deposited in an approved location at the time of discharge; and c. without the use of a discharge hose placed securely in the discharge portal at the approved location. 9.0 NON-CONTACT COOLING WATER 9.1 The discharge of Non-Contact Cooling Water or Uncontaminated Water to the Wastewater System from any residential property is prohibited unless the discharge is in accordance with a Wastewater Discharge Permit. 10.0 WATER ORIGINATING FROM A SOURCE OTHER THAN A MUNICIPAL WATER SUPPLY 10.1 The discharge of water originating from a source other than the Beaumont water supply, including Storm Water or Groundwater, directly or indirectly to the 17 Wastewater System is prohibited, unless the discharge is in accordance with a Wastewater Discharge Permit. 11.0 SPILLS 11.1 In the event of a Spill to the Wastewater System, the Person responsible for the Spill or the Person having the charge, management and control of the Spill, shall: a. immediately notify and provide any requested information with regard to the Spill to: i. if there is any immediate danger to human health and/or safety: A. 9-1-1 emergency; and B. the Beaumont Operations Facility at 780-929-4300, or after hours at 780-955-7778 (Beaumont may then notify ACRWC's Wastewater Treatment Plant Control Room). or ii. if there is no immediate danger: A. the Beaumont Operations Facility at 780-929-4300, or after hours at 780-955-7778 (Beaumont may then notify ACRWC's Wastewater Treatment Plant Control Room); B. the Owner of the premises where the Spill occurred; and C. any other Person whom the Person reporting knows or ought to know may be directly affected by the Spill; b. provide a detailed report on the Spill to Beaumont and, if directed by Beaumont, to the ACRWC, within five (5) working days after the Spill, containing the following information to the best of his or her knowledge: i. Location where Spill occurred; ii. Name and telephone number of the Person who reported the Spill and the location and time, where and when they can be contacted; iii. Date and time of Spill; iv. Material spilled; v. Characteristics and composition of material spilled; 18 vi. Volume of material spilled; vii. Duration of Spill event; viii. Work completed and any work still in progress in the mitigation of the spill; ix. Preventive actions being taken to ensure a similar Spill does not occur again; and x. Copies of applicable Spill prevention and Spill response plans. 11.2 The Person responsible for a Spill, and the Person having charge, management and control of the Spill, shall do everything reasonably possible to contain the Spill, protect the health and safety of other Persons, minimize damage to property, protect the environment, clean up the Spill and contaminated residue and restore the affected area to its condition prior to the Spill. 11.3 Nothing in this Bylaw relieves any Person from complying with any notification or reporting provisions of: a. other government agencies, including federal and provincial agencies, as required and appropriate for the material and circumstances of the Spill; or b. any other bylaw of Beaumont. 11.4 Without limiting any other remedy available, any costs incurred by Beaumont as a result of a Spill may, at Beaumont's option, be charged to a Person responsible for the Spill as an amount due and payable by that Person to Beaumont. 11.5 Beaumont may require a Person responsible for a Spill to prepare and submit a Spill contingency plan to Beaumont to indicate how risk of future Spills will be reduced and how future Spills will be addressed. 12.0 AUTHORITY TO INVESTIGATE 12.1 An Inspector has the authority to carry out any inspection reasonably required to ensure compliance with this Bylaw, including but not limited to: a. inspecting, observing, sampling and measuring the flow in any Private Service, Flow Monitoring Point or other component of the Wastewater System; b. taking samples of Wastewater, Storm Water, Clear-Water Waste and Subsurface Water being released from a User's premises or flowing within a Service Connection; 19 c. performing on-site testing of the Wastewater, Storm Water, Clear-Water Waste and Subsurface Water within or being released from Private Services, Pre-Treatment facilities and Storm Water management facilities; d. collecting and analyzing samples of Hauled Wastewater coming to a discharge location into the Wastewater System; e. making inspections of the types and quantities of chemicals being handled or used on a User's premises in relation to possible release to the Wastewater System; f. requiring information from any Person concerning a matter relevant to the Wastewater Services or Wastewater System; g. inspecting and copying documents relevant to the Wastewater Services or Wastewater System, or removing such documents from premises to make copies; h. inspecting chemical storage areas and Spill containment facilities and requesting Safety Data Sheets (SDS) for materials stored or used on site; and i. inspecting the premises where a release of Prohibited Waste or Restricted Waste, or of water containing Prohibited Waste or Restricted Waste has been made or is suspected of having been made, and to sample any or all Matter that could reasonably have been part of the release. 12.2 No Person shall hinder or prevent an Inspector from carrying out any of his or her powers or duties under this Bylaw. 13.0 DISCONTINUANCE OF WASTEWATER SERVICES 13.1 In addition to any other remedy available, Beaumont may discontinue the provision of Wastewater Services to a User or property by any means, including, without restriction, disconnecting, shutting-off or sealing a Service Connection, discontinuing the provision of treated water to the User or Property, prohibiting a User from discharging Wastewater into the Wastewater System or requiring a User to take action to prevent Wastewater from entering the Wastewater System, if: a. a User has contravened any provision of this Bylaw; or b. Wastewater discharged by a User: i. is hazardous or creates an immediate danger to any Person; ii. endangers or interferes with the operation of the Wastewater System; or 20 iii. causes or is capable of causing an adverse effect. 13.2 Beaumont may impose, upon Users, fees and charges, as set out in the Fees and Charges Bylaw, for the disconnection or discontinuance of Wastewater Services, and for the reconnection or resumption of Wastewater Services, and may, in addition, require the User to reimburse Beaumont for any costs incurred by Beaumont in taking action pursuant to Subsection 13.1. 14.0 INFORMATION PROVIDED 14.1 If a Person who submits documentation to Beaumont or the ACRWC pursuant to this Bylaw considers some or all of the information contained in the document to be confidential, or otherwise wishes to request that some or all of the information not be disclosed, that Person shall indicate this, in writing, on the documentation in question. 14.2 No Person shall supply false information or make inaccurate statements in any document or information required to be supplied to Beaumont or the ACRWC pursuant to this Bylaw. 15.0 MONITORING ACCESS POINTS 15.1 A User who is the Owner or operator of commercial, Institutional or Industrial premises shall install and maintain in good repair in each Private Service a suitable Monitoring Access Point to allow observation, sampling and flow measurement of the Wastewater, Uncontaminated Water or Storm Water therein, provided that, where installation of a Monitoring Access Point is not possible, an alternative device or facility, which may include, without restriction, a Sampling Port, may be substituted with the prior written approval of Beaumont. 15.2 The Chief Administrative Office may require a User that is not otherwise captured by Subsection 15.1 to comply with Subsection 15.1 if, in the opinion of the Chief Administrative Officer, acting reasonably, it is necessary or desirable to do so in order to protect the Wastewater System, or Persons or property. 15.3 Each Monitoring Access Point or alternative device or facility, shall be located as close to the property line as possible, unless Beaumont has given prior written approval for a different location. 15.4 Each Monitoring Access Point, alternative device or facility installed shall be designed and constructed in accordance with good engineering practice and the requirements of Beaumont' General Design Standards, and shall be constructed and maintained by the User at the User's expense. 15.5 A User who is the Owner or operator of premises at which a Monitoring Access Point or alternative device or facility is installed shall at all times ensure that every Monitoring Access Point, or alternative device or facility, is accessible to 21 Beaumont and its Inspector for the purposes of observing, sampling and flow measurement of the Wastewater, Uncontaminated Water or Storm Water therein. 16.0 OVERSTRENGTH SURCHARGE 16.1 In this Section: a. "Additional Overstrength Concentration Limit" means the concentration limit, in mg/L, of a Substance set out in Column B of Schedule "C" of this Bylaw; b. "Additional Overstrength Surcharge Mass" means the mass, in kg, of a Substance, to which an Additional Overstrength Surcharge is applied, which mass is determined by applying the following formula: Additional Overstrength Surcharge Mass = ((Measured Substance Concentration - Additional Overstrength Concentration Limit) x Water Volume) x 1,000,000 (to convert mg to kg); c. "Substance" means a substance identified in Schedule "C" of the Wastewater Services Bylaw; d. "Overstrength Concentration Limit" means the concentration limit, in mg/L, of a Substance set out in Column A of Schedule "C" of this Bylaw; e. "Overstrength Surcharge Mass" means the mass, in kg, of a Substance, to which an Overstrength Surcharge is applied, which mass is determined by applying the following formula: Overstrength Surcharge Mass = ((Measured Substance Concentration - Overstrength Concentration Limit) x Water Volume) x 1,000,000 (to convert mg to kg) f. "Measured Substance Concentration" means the concentration, in mg/L, of a Substance found in Wastewater discharged, by the User, into the Wastewater System; and g. "Water Volume" means the volume of treated water delivered to, or consumed by, the User, during the preceding year, determined in accordance with the Utility Services Bylaw. 16.2 Beaumont may impose Overstrength Surcharges upon Users who discharge, into the Wastewater System, Wastewater containing one or more Substances with Measured Substance Concentrations that exceed the applicable Overstrength Concentration Limit. 22 16.3 Beaumont may impose Additional Overstrength Surcharges upon Users who discharge, into the Wastewater System, Wastewater containing one or more Substances with Measured Substance Concentrations that exceed the applicable Additional Overstrength Concentration Limit, and , for greater certainty, such Additional Overstrength Surcharges shall be payable in addition to, not in lieu of, the applicable Overstrength Surcharge. 16.4 The Overstrength Surcharges payable per unit of Overstrength Surcharge Mass and the Additional Overstregnth Surcharges payable per unit of Additional Overstrength Surcharge mass are set out in the Fees and Charges Bylaw. 16.5 Overstrength Surcharges and Additional Overstrength Surcharges are payable in addition to any other rates, fees and charges payable for, or in connection with, Wastewater Services pursuant to this Bylaw or any other bylaw of Beaumont. 16.6 Testing to identify Substances present, and Measured Substance Concentrations, for the purpose of calculating Overstrength Surcharges and Additional Overstrength Surcharges, shall be conducted by Beaumont or its Inspector, or by the User to the satisfaction of Beaumont that a representative sample is obtained, using automated sampling devices or in accordance with the following manual sampling protocol: a. samples from the Wastewater produced at a location will be collected each day for a minimum of two days; b. a minimum of four Grab Samples of equal volume shall be taken each day, such samples to be taken at least one hour apart; c. the analysis shall be conducted on a Composite Sample made of each day's Grab Samples; and d. the respective results of these tests for each of the days on which samples are taken, shall be averaged to determine the characteristics and concentration of the Wastewater being discharged into the Wastewater System. 17.0 COMPLIANCE PROGRAMS 17.1 Without limiting any other provision of this Bylaw governing Wastewater Discharge Permits, Beaumont may require an Industry User to apply for and obtain a Wastewater Discharge Permit to discharge Wastewater to the Wastewater System that does not comply with Schedule "A" and/or "B" of this Bylaw. The Industry User shall be entitled to make non-complying discharges in the amount and only to the extent set out in the Wastewater Discharge Permit. 17.2 As a term set out in the Wastewater Discharge Permit, Beaumont, or its authorized representative, which may include, without restriction, the ACRWC, may require an Industry User to submit a Compliance Program setting out 23 activities to be undertaken by the Industry User that would result in the prevention or reduction and control of the discharge or deposit of Matter, including, without restriction, Uncontaminated Water, Ground Water or Storm Water from the Industry User's premises into the Wastewater System. This may include, but is not limited to, planning, design and construction or installation of facilities or works needed to implement the approved Compliance Program. 17.3 Each Compliance Program shall include the following: a. a description of the processes at the premises which produce discharges that do not comply with the requirements of this Bylaw; b. A description of those processes at the premises which are to be the subject of the Compliance Program; c. a list of non-complying pollutants present at the premises at any stage of the operations at the premises; d. a description setting out the types, quantities and concentrations of all non- complying pollutants discharged, directly or indirectly, to the Wastewater System; e. a description of current Wastewater reduction, recycling, treatment and compliance activities at the premises with respect to discharges to the Wastewater System from the premises; f. A description of compliance options for non-complying pollutants and Wastewater discharge and an evaluation of those options; g. A list of possible targets and timeframes (in compliance with any Wastewater Discharge Permit that may have been issued to the User) to reduce or eliminate the discharge of non-complying Matter to the Wastewater System; h. A declaration, from a Person authorized by the Industry User, that the content of the Compliance Program is, to the best of that Person's knowledge, true, accurate and complete. 17.4 Every proposed Compliance Program shall be for a specified length of time during which Pre-Treatment facilities or other measures are to be installed or implemented and shall be specific as to the remedial actions to be implemented by the Industry User, the dates of commencement and completion of the activity and the materials or other characteristics of the Matter to which it relates. The final activity completion date shall not be later than the final compliance date in the Compliance Program. 17.5 Industry Users that are required to submit a Compliance Program shall also submit a Compliance Program progress report to Beaumont, or, if directed by 24 Beaumont, to the ACRWC, within fourteen (14) days after the scheduled completion date of each activity listed in the Compliance Program. 17.6 Beaumont may terminate any proposed Wastewater Discharge Permit related to a Compliance Program by written notice at any time to the Industry User in the event that the Industry User fails or neglects to carry out or diligently pursue the activities required of it under its Compliance Program. 17.7 Where an Industry User receives notice from Beaumont that its Compliance Program has not been approved, Beaumont may provide the Industry User with a date by which it must submit an amended Compliance Program to Beaumont for approval in accordance with this Section 17. 17.8 In the event that a Compliance Program resubmitted to Beaumont in accordance with Subsection 17.7 does not comply with the requirements of this Bylaw, Beaumont shall so notify the Industry User, within 30 days of delivery to Beaumont of the amended Compliance Program, and the Industry User shall be in contravention of Subsection 17.1 and shall continue to be in contravention until such time as Beaumont approves an amended Compliance Program resubmitted by the Industry User, in accordance with this Section 17. 17.9 When required by Beaumont, an Industry User which has received approval from Beaumont for its Compliance Program shall submit a revised and updated Compliance Program for the approval of Beaumont within the timeframe specified by Beaumont. Such revised and updated Compliance Program shall, in addition to the requirements otherwise set out in this Section 17, detail and evaluate the progress of the Industry User to accomplish the objectives set out in its Compliance Program. 17.10 A copy of the Compliance Program shall be kept at all times at the premises in respect to which it was prepared and shall be available for inspection by Beaumont and/or its authorized representative at any time. 18.0 BEST MANAGEMENT PRACTICES AND CODES OF PRACTICE 18.1 Beaumont may adopt Best Management Practices and Codes of Practice and may, without limiting the generality of the foregoing, adopt Best Management Practices and Codes of Practice that have been established or adopted by the ACRWC. 18.2 Beaumont may define Designated Sector Operations to which a Code of Practice Applies and may, without limiting the generality of the foregoing, adopt definitions or descriptions of Designated Sector Operations that have been established by the ACRWC. 18.3 A Code of Practice adopted by Beaumont applies to all Users that fall within the Designated Sector Operations to which that Code of Practice applies, but does not apply to a User that is subject to a Wastewater Discharge Permit, unless the 25 Wastewater Discharge Permit specifies otherwise, and does not apply to the discharge of Domestic Wastewater. 18.4 All Users to whom a Code of Practice applies shall comply with that Code of Practice. 18.5 Nothing in a Code of Practice relieves a Person discharging Wastewater from complying with this Bylaw, a Wastewater Discharge Permit or any other applicable enactment, but if a Code of Practice establishes a requirement that is inconsistent with a requirement in this Bylaw, the requirement in the Code of Practice shall prevail. 18.6 A User that is subject to a Code of Practice must submit to Beaumont or, if directed by Beaumont, to the ACRWC, a completed Code of Practice registration form, in the form approved by Beaumont: a. within ninety (90) days after the date that the Code of Practice was adopted or established, if the User was receiving Wastewater Services at the time that the Code of Practice was adopted or established; and b. in all other cases, within thirty (30) days of the date on which the User began to receive Wastewater Services. 18.7 A User who has submitted a Code of Practice registration form must report to Beaumont or, if directed by Beaumont, to the ACRWC, any change in the ownership, name, location, contact person, telephone number, or email address of the User within thirty (30) days of the change by submitting a completed Code of Practice registration form showing the changes. 18.8 A User who has submitted a Code of Practice registration form must, within 30 days of any change in the User's practices or operations that results in the User no longer falling within the Designated Sector Operations to which the Code of Practice applies, report the change to Beaumont or, if directed by Beaumont, to the ACRWC, by submitting a completed Code of Practice registration form describing the changes. 19.0 RATES, FEES AND CHARGES 19.1 Beaumont may impose, upon Users, rates, fees and charges for services provided, or work performed, pursuant to this Bylaw, by Beaumont or its authorized representatives, including, without restriction, the ACRWC, and the rates, fees and charges payable shall be those set out in the Fees and Charges Bylaw. 19.2 A User is obligated to pay, in full, all rates, fees and charges imposed pursuant to this Bylaw on or before the due date for such rates, fees and charges, and payments shall be made at the locations designated by Beaumont, using payment methods approved by Beaumont. 26 19.3 Beaumont may, in its discretion, add rates, fees and charges imposed pursuant to this Bylaw to the utility bill that is issued to the User pursuant to the Utility Services Bylaw and, in such a case, all provisions of the Utility Services Bylaw governing payment of utility bills shall apply. 20.0 AUTHORITY OF CHIEF ADMINISTRATIVE OFFICER 20.1 Without restricting any other power, duty or function granted by this Bylaw, the Chief Administrative Officer is authorized to: a. exercise the powers stipulated in this Bylaw to be exercised by Beaumont, excluding the power to pass bylaws or to do anything else reserved exclusively for Council pursuant to the provisions of the Municipal Government Act; b. take any steps and carry out any actions required to give effect to, and enforce, the provisions of this Bylaw; and c. establish or adopt forms and standards for the purpose of this Bylaw; and d. delegate any powers, duties or functions under this Bylaw to an employee of Beaumont. 21.0 OFFENCES AND PENALTIES 21.1 A P e r s o n w h o c o n t r a v e n e s a n y p r o v i s i o n o f t h i s B y l a w i s g u i l t y o f a n o f f e n c e a n d i s l i a b l e , u p o n s u m m a r y c o n v i c t i o n , t o a f i n e i n a n a m o u n t n o t m o r e t h a n $ 1 0 , 0 0 0 . 21.2 W i t h o u t r e s t r i c t i n g t h e g e n e r a l i t y o f S u b s e c t i o n 2 1 . 1 t h e f i n e a m o u n t s s e t o u t i n S c h e d u l e " D " a r e e s t a b l i s h e d f o r u s e o n M u n i c i p a l T a g s a n d V i o l a t i o n T i c k e t s i f a v o l u n t a r y p a y m e n t o p t i o n i s o f f e r e d . 21.3 I n t h e c a s e o f a n o f f e n c e t h a t i s o f a c o n t i n u i n g n a t u r e , a c o n t r a v e n t i o n c o n s t i t u t e s a s e p a r a t e o f f e n c e i n r e s p e c t o f e a c h d a y , o r p a r t o f a d a y , i n w h i c h i t c o n t i n u e s , a n d a P e r s o n g u i l t y o f s u c h a n o f f e n c e i s l i a b l e t o f i n e i n a n a m o u n t n o t l e s s t h a n t h a t e s t a b l i s h e d b y t h i s B y l a w f o r e a c h s u c h d a y . 22.0 MUNICIPAL TAG 22.1 A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 22.2 A Municipal Tag may be issued to such Person: a. either personally; or 27 b. by mailing a copy to such Person at his last known post office address. 22.3 The Municipal Tag shall be in a form approved by the Chief Administrative Officer and shall state: a. the name of the person; b. the offence; c. the specified penalty established by this Bylaw for the offence; d. that the penalty shall be paid within thirty (30) days of the issuance of the Municipal Tag; and e. any other information as may be required by the Chief Administrative Officer. 22.4 Where a Municipal Tag is issued pursuant to this Bylaw, the Person to whom the Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay to Beaumont the penalty specified within the time period indicated on the Municipal Tag. 23.0 VIOLATION TICKET 23.1 If a Municipal Tag has been issued and if the specified penalty has not been paid within the prescribed time, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket. 23.2 Notwithstanding subsection 23.1, a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 23.3 Subject to the Provincial Offences Procedure Act, RSA 2000, c P-34, and the regulations thereunder, if a Violation Ticket is issued in respect of an offence, the Violation Ticket may: a. specify the fine amount established by this Bylaw for the offence; or b. require a Person to appear in court without the alternative of making a voluntary payment. 23.4 A Person who commits an offence may: a. if a Violation Ticket is issued in respect of the offence; and b. if the Violation Ticket specifies the fine amount established by this Bylaw for the offence; 28 make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation Ticket. 24.0 SEVERABILITY 24.1 Every provision of this Bylaw is independent of all other provisions and if any provision of this Bylaw is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. 24.2 This bylaw shall come into force and effect upon receiving third and final reading and have been signed by the Mayor and Supervisor, Legislative Services. READ A FIRST TIME IN COUNCIL THIS 9th DAY OF April, 2019. READ A SECOND TIME IN COUNCIL THIS 23rd DAY OF April, 2019. READ A THIRD TIME IN COUNCIL THIS 23rd DAY OF April, 2019. _____ John Stewart_________ Mayor Chelaine Winter__________ Supervisor, Legislative Services 29 SCHEDULE "A" - PROHIBITED WASTES No Person shall discharge directly or indirectly or deposit or cause or permit the discharge or deposit of Wastewater into the Wastewater System in circumstances where: 1. to do so may cause or result in: a. a health or safety hazard to a Person authorized by Beaumont or the ACRWC to inspect, operate, maintain, repair or otherwise work on the Wastewater System; b. an offence under, or contravention of, any applicable federal or provincial legislation, or bylaw, as amended from time to time, or any regulation made thereunder from time to time; c. Wastewater Sludge from the Wastewater Treatment Facility to which Wastewater discharges, either directly or indirectly, to fail to meet the objectives and criteria as listed in any applicable federal or provincial legislation, as amended from time to time; d. interference with the operation or maintenance of the Wastewater System, or which may impair or interfere with any Wastewater treatment process; e. a hazard to any Person, animal, property or vegetation; f. an offensive odour emanating from the Wastewater System, and without limiting the generality of the foregoing, Wastewater containing hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such quantity as may cause an offensive odour; g. damage to the Wastewater System; or h. an obstruction or restriction to the flow in the Wastewater System; 2. the Wastewater has two or more separate liquid layers; 3. the Wastewater contains: a. Hazardous Substances; b. combustible liquid; c. Biomedical Waste, including, but not limited to, any of the following categories: human anatomical waste, animal waste, untreated microbiological waste, waste sharps and untreated human blood and body fluids known to contain viruses and agents listed in "Risk Group 4" as defined in "Laboratory Biosafety Guidelines" published by Health Canada, dated 2004, as amended; 30 d. specified risk material for bovine spongiform encephalopathy as defined in the federal Fertilizers Regulations (C.R.C., c. 666), as amended from time to time, including material from the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older, or material from the distal ileum of cattle of all ages; e. dyes or colouring materials which may or could pass through the Wastewater System and discolour the Wastewater within the Wastewater System; f. Fuel; g. Ignitable Waste; h. Pathological Waste; i. PCBs; j. Pesticides which are not otherwise regulated in this Bylaw; k. Reactive Waste; l. Toxic Substances which are not otherwise regulated in this Bylaw; m. Waste Radioactive Substances in excess of concentrations greater than those specified for release to the environment under the Nuclear Safety and Control Act and Regulations or amended versions thereof; or n. solid or viscous substances in quantities or of such size to be capable of causing obstruction to the flow in the Wastewater System, including but not limited to ashes, bones, cinders, sand, mud, soil, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, animal parts or tissues, and paunch manure; 4. the Wastewater contains a concentration, expressed in milligrams per litre, in excess of any one or more of the limits in Schedule "B" of this Bylaw, unless: a. the discharge is in accordance with a valid Wastewater Discharge Permit, b. the discharge is authorized in a Code of Practice approved by Beaumont or the ACRWC; and c. all requirements of Section 7 of this Bylaw have been fully satisfied. 31 SCHEDULE "B" - RESTRICTED WASTES The following substances are Restricted Waste when present in Wastewater at a concentration in excess of the applicable concentration listed below: Table A - CONVENTIONAL CONTAMINANTS Substance Concentration Limit (mg/L) Biochemical Oxygen Demand 10,000 Chemical Oxygen Demand 20,000 Oil and Grease, Total - Animal and Vegetable + Mineral and Synthetic/Petroleum Hydrocarbons 500 Total Suspended Solids 5,000 Total Kjeldahl Nitrogen 500 Phosphorus 200 Table B - INORGANIC CONTAMINANTS Substance Concentration Limit (mg/L) Arsenic (As) 1.0 Cadmium (Cd) 0.10 Chlorine (total) (Cl2) 5.0 Chromium (Hexavalent) (Cr+6) 2.0 Chromium (total) (Cr) 4.0 Cobalt (Co) 5.0 Copper (Cu) 2.0 Cyanide (CN) 2.0 Lead (Pb) 1.0 Mercury (Hg) 0.10 Molybdenum (Mo) 5.0 Nickel (Ni) 4.0 Selenium (Se) 1.0 Silver (Ag) 5.0 Sulphide (S=) 3.0 Thallium (Tl) 1.0 Zinc (Zn) 2.0 Table C - ORGANIC CONTAMINANTS Substance Concentration Limit (mg/L) Benzene 0.5 Ethylbenzene 0.5 Oil and Grease - Mineral and Synthetic/Petroleum Hydrocarbons 100 Phenols, Total (or phenolic compounds) 1.0 Toluene 0.5 Xylene 0.5 32 Wastewater that falls outside one or more of the parameter limits listed below is Restricted Waste: Table D - PHYSICAL PARAMETERS Parameter Limit Flashpoint Not ≤ 60.5° C Lower Explosive Limit (LEL) in headspace 10% of the LEL pH 6.0 - 11.5 (unitless) Temperature 60 degrees Celsius Concentrations that do not exceed the constituent concentrations limits listed in this Schedule "B" are permitted for discharge, however may be subject to an Overstrength Surcharge or Additional Overstrength Surcharge. 33 SCHEDULE "C" - WASTEWATER OVERSTRENGTH LIMITS Column A Column B Substance Overstrength Surcharge Concentration Limits, (mg/L) Additional Overstrength Concentration Limits, (mg/L) Biochemical Oxygen Demand (BOD) 300 3000 Chemical Oxygen Demand (COD) 600 6000 Oil and Grease , Total (O&G) - Animal and Vegetable + Mineral and Synthetic/Petroleum Hydrocarbons 100 400 Total Suspended Solids (TSS) 300 3000 Total Kjeldahl Nitrogen (TKN) 50 200 Total Phosphorus (TP) 10 75 Note: Concentrations in column A become surchargeable with a second tier surcharge when reaching concentrations in column B. 34 SCHEDULE "D" - SPECIFIED PENALTIES Offence Description Section Penalty Municipal Tag Violation Ticket First Offence and Minimum Penalty Second or Subsequent Offence First Offence and Minimum Penalty Second or Subsequent Offence Release of Matter to Wastewater System in contravention of Subsection 3.1 3.1 $1,500 $3,000 $2,000 $4,000 Release of Prohibited Waste or Restricted Waste without a Wastewater Discharge Permit 3.2 $4,000 $9,000 $5,000 $10,000 Contravention of prohibition or limit established pursuant to Subsection 3.3 3.3 $1,500 $3,000 $2,000 $4,000 Failure to comply with Wastewater Discharge Permit 3.7 $1,500 $3,000 $2,000 $4,000 Dilution of Wastewater 4.1 $2,500 $4,000 $3,000 $5,000 Failure to conduct required monitoring or sampling 6.1 $1,500 $3,000 $2,000 $4,000 Failure to comply with requirements respecting interceptors and dental waste amalgam separators 7.1 to 7.4 $2,500 $4,000 $3,000 $5,000 Failure to comply with requirements respecting Pre- treatment facilities 7.5 $2,500 $4,000 $3,000 $5,000 Discharging Hauled Wastewater or Hauled Waste in 8.1 $1,500 $3,000 $2,000 $4,000 35 Offence Description Section Penalty Municipal Tag Violation Ticket First Offence and Minimum Penalty Second or Subsequent Offence First Offence and Minimum Penalty Second or Subsequent Offence contravention of Subsection 8.1 Discharging Hauled Wastewater or Hauled Waste in contravention of Subsection 8.2 8.2 $1,500 $3,000 $2,000 $4,000 Discharging Non- Contact Cooling Water or Uncontaminated Water unless in accordance with Wastewater Discharge Permit 9.1 $1,500 $3,000 $2,000 $4,000 Discharging water originating from a source other than the Beaumont Water Supply unless in accordance with a Wastewater Discharge Permit 10.1 $2,500 $4,000 $3,000 $5,000 Failure to comply with requirements respecting Spills 11 $4,000 $9,000 $5,000 $10,000 Hindering Inspector 12.2 $4,000 $9,000 $5,000 $10,000 Supplying false information or making inaccurate statement 14.2 $4,000 $9,000 $5,000 $10,000 Failure to install, and/or maintain, required Monitoring Access Point or alternative device or facility 15.1 $2,500 $4,000 $3,000 $4,500 Failure to comply with additional requirements 15.3 to 15.5 $4,000 $9,000 $5,000 $10,000 36 Offence Description Section Penalty Municipal Tag Violation Ticket First Offence and Minimum Penalty Second or Subsequent Offence First Offence and Minimum Penalty Second or Subsequent Offence respecting Monitoring Access Points, or alternative devices or facilities Failure to comply with requirements respecting Compliance Programs 17 $3,000 $6,000 $4,000 $7,000 Failure to comply with a Code of Practice 18.4 $2,500 $4,000 $3,000 $5,000 Failure to comply with Code of Practice registration and reporting requirements 18.6 to 18.8 $2,500 $4,000 $3,000 $5,000 Contravention of a provision of this Bylaw that is not identified above $500 $1,000 $750 $1,500