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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated to: May 2, 2023
District of Chilliwack
Bylaw No. 2231
A bylaw to provide for the regulation,
connection and use of storm sewers
____________________________________________
WHEREAS it is deemed necessary and expedient to regulate the operation and use of the Storm
Sewer System of the City of Chilliwack;
THEREFORE, the Council of the City of Chilliwack, in open meeting assembled, enacts as
follows:
1.
This bylaw may be cited as "Storm Sewer System Connection and Regulation Bylaw
1995, No. 2231".
2.
The "Storm Sewer System Connection and Regulation Bylaw 1988, No. 1162" and
amendments thereto, are hereby repealed.
3.
INTERPRETATION:
In this bylaw, unless the context otherwise requires, the following definitions apply:
"Council" shall mean the Council of the City of Chilliwack;
"City" shall mean the City of Chilliwack;
"Engineer" shall mean the Director of Engineering of the City of Chilliwack or their
designate;
"Person" shall mean any individual, firm, company, association, society, corporation or
group;
"Service Connection" shall mean the pipe connecting a Storm Drain to the Storm Sewer
System;
"Sewage" shall mean water carrying wastes from residences, commercial buildings,
institutions and industrial establishments but shall exclude storm water;
"Storm Drain" shall mean a building drain and/or a site drainage system that conveys
storm water;
"Storm Sewer System Connection and Regulation Bylaw 1995, No. 2231"
3.
Interpretation - continued
"Storm Sewer System" shall mean all works and all appurtenances thereto owned and
operated by the City and installed for the purpose of collecting, pumping, conveying,
treating and disposing of residential, commercial and industrial storm water, including
storm mains, service connections, pumping stations, open channels, and storm sewer
system outfalls;
"Storm Water" shall mean rainfall water and ground water; water used in street cleaning
and other unpolluted waters;
"Toxic Substance" shall mean any substance which when discharged to the Storm Sewer
System is, or is capable of being, a hazard to people, a hazard to aquatic life or an
interference to storm water treatment processes.
4.
ADMINISTRATION:
This bylaw shall be administered by the Engineer, who shall have control of the Storm
Sewer System and its use, maintenance and operation including all related matters, except
as otherwise directed in this bylaw.
5.
REQUIREMENT TO CONNECT - EXISTING IMPROVEMENTS:
(1) Unless an adequate on-site drainage system is determined by the Engineer to already
exist, the owner of every property which abuts or is adjacent to the Storm Sewer
System on which property improvements are located, is hereby required to construct
a Service Connection to connect all improvements and Storm Drains to the Storm
Sewer System in accordance with the provisions of this bylaw within two (2) years
of notice by registered mail to do so.
(2) If an owner has been given notice pursuant to paragraph 5(1) and fails or neglects to
comply, then the City may, by its workmen or others, enter and construct the Service
Connection and Storm Drains, as required, at the expense of the owner. All charges
for the work done that remain due and payable by December 31 of the year in which
the charges were incurred, and are unpaid on that date, shall be deemed to be taxes in
arrears and shall be so entered on the tax roll by the Municipal Collector of the City
of Chilliwack.
(3) Failure to comply with the provisions of paragraph 5(1) shall constitute a violation
of this bylaw.
Consolidated to: May 2, 2023
"Storm Sewer System Connection and Regulation Bylaw 1995, No. 2231"
6.
REQUIREMENT TO CONNECT - NEW CONSTRUCTION:
(1) The owner of every property which abuts or is adjacent to the Storm Sewer System
and on which improvements will be constructed, is hereby required to either:
a) connect, through a Service Connection, the Storm Drain directly with Storm
Sewer System in accordance with the provisions of this bylaw at the time of
construction of the improvements;
b) construct on site storm water discharge system in accordance with the Land
Development Bylaw, in force, from time to time.
7.
APPLICATIONS AND PERMITS:
(1) No person shall connect any Storm Drain to the Storm Sewer System until he has:
(a) made application to the City for a Service Connection Permit;
(b) submitted all plans, specifications or other information required by the City; and
(c) has paid all inspection and other fees as set out in Schedule "A" attached hereto
and forming part of this bylaw.
(2) Service Connection fees imposed by the City do not include works on the property
of the applicant which shall be the responsibility of the owner.
(3) After an applicant has complied with the requirements of paragraph 7(1), the City
shall, within a reasonable time and subject to availability of work forces and to
adverse site conditions, construct the portion of the Service Connection which is not
on private property.
(4) The owner shall notify the City when the Service Connection is ready for inspection
by the City and the owner shall make the work available for inspection and no
service connection shall be covered until permitted by the City.
(5) The Engineer may refuse to issue a Service Connection permit if in his opinion:
(a) the Storm Sewer System is incapable of handling the additional volume; or
(b) the Applicant's storm water does not comply with the limitations and provisions
contained in this bylaw and might be injurious to or might impair the efficiency
of the Storm Sewer System.
8.
GENERAL PROVISIONS:
(1) The owner shall be responsible for ensuring the correct elevation of the Storm Drain
in order to connect to the Service Connection.
Consolidated to: May 2, 2023
"Storm Sewer System Connection and Regulation Bylaw 1995, No. 2231"
(2) If an existing Storm Drain is at an incorrect elevation, the owner may, at his expense,
be permitted to install, operate and maintain a pumping system or similar device as
approved by the Engineer, to convey storm water to the Storm Sewer System.
(3) No person shall do any work upon, or interfere in any way with the Storm Sewer
System without the written permission of the Engineer, including those portions of
the Storm Sewer System located on private property.
(4) The Storm Drain shall be maintained by the owner at his expense.
(5) No Service Connection shall be constructed on any road allowance, easement or
other public land except by the City or under a contract or agreement with the City.
9.
DISCONNECTION AND RECONNECTION:
(1) No improvement which is connected to the Storm Sewer System shall be
disconnected from the Storm Sewer System except if the improvement is demolished
and/or removed completely from the property.
(2) No Service Connection or Storm Drain shall be disconnected from the Storm Sewer
System, until the owner applies to the City for a disconnection permit and pays the
fees as set out in Schedule "A".
(3) If a Storm Drain is abandoned, the owner shall block the Storm Drain at the property
line with a watertight seal as approved by the Engineer, notify the Engineer of such
blockage and permit the Engineer to inspect the block before covering, and if the
owner shall fail to give such notice, the Engineer may require the owner to uncover
the block at the owner's expense to permit inspection.
(4) Existing Service Connections not in use or required for other improvements may be
used for new improvements if approved by the Engineer.
10.
PROHIBITED WASTES:
No person shall discharge or permit to be discharged into the Storm Sewer System:
(1) any gasoline, benzene or naptha;
(2) any flammable or explosive liquid, solid or gas in such quantity as to cause a fire or
explosion hazard;
(3) any solid or viscous substance capable of obstructing flow or interfering with the
operation of the Storm Sewer System;
(4) any noxious or malodorous gas or substance which either singly or by interaction
with other wastes is capable of creating a public nuisance or hazard to life;
Consolidated to: May 2, 2023
"Storm Sewer System Connection and Regulation Bylaw 1995, No. 2231"
(5) any radioactive material;
(6) any material from a cesspool, septic tank or holding tank;
(7) Sewage of any kind;
(8) Toxic Substances;
(9) odour producing substances.
11.
RESTRICTED WASTES:
(1) If any Storm Water which contains substances or possesses characteristics which, in
the opinion of the Engineer, may have a deleterious effect on the Storm Sewer
System works or receiving waters or which otherwise creates a hazard to life or
constitutes a public nuisance is discharged or is proposed to be discharged to the
Storm Sewer System, the Engineer may:
(a) reject the Storm Water; or
(b) require pre-treatment to a condition acceptable to the Engineer before discharge
to the Storm Sewer System; or
(c) require control or regulation of the quantities or rates of discharge;
(d) require a facility, as approved by the Engineer, to monitor quantity and quality.
(2) If the Engineer permits the pre-treatment of Storm Water, the design, installation and
operation of the plants and equipment shall be subject to the review and approval of
the Engineer and subject to the requirements of all applicable codes and laws, and
the plants and equipment shall be maintained by the owner at his expense.
12.
STORM SEWER SYSTEM SECURITY:
(1) No person shall break, damage, destroy, uncover, deface, or tamper with any
structure, appurtenance, or equipment which is part of the Storm Sewer System.
(2) The Engineer shall be permitted to enter at reasonable times upon all properties and
into any improvements for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this bylaw.
Consolidated to: May 2, 2023
"Storm Sewer System Connection and Regulation Bylaw 1995, No. 2231"
13.
CONTRAVENTIONS:
(1) Every person who violates any provision of this Bylaw, or who allows any act or
thing to be done in violation of any provision of this Bylaw, or who neglects to or
refrains from doing anything required to be done by any provision of this Bylaw, is
guilty of an offence against this Bylaw and each day that violation continues to exist
is deemed to be a separate offence against the Bylaw.
(2) Every person who commits an offence against this Bylaw shall be liable upon
summary conviction to a fine or to imprisonment, or to both a fine and
imprisonment, not exceeding the maximum allowed by the "Offence Act", as
amended.
14.
SEVERABILITY
If any portion of this Bylaw is held invalid by a Court or competent jurisdiction, then that
invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have
been adopted without the severed portion.
Consolidated to: May 2, 2023
"Storm Sewer System Connection and Regulation Bylaw 1995, No. 2231"
Received first reading on the 20th day of March, 1995.
Received second reading on the 20th day of March, 1995.
Received third reading on the 20th day of March, 1995.
Reconsidered, finally passed and adopted on the 3rd day of April, 1995.
Amendment Bylaw No. 3991, adopted on the 18th day of February, 2014.
Amendment Bylaw No. 5304, adopted on the 2nd day of May, 2023.
"John Les"
................................................
Mayor
"D.W. Hampson"
................................................
Clerk
Consolidated to: May 2, 2023
"Storm Sewer System Connection and Regulation Bylaw 1995, No. 2231"
SCHEDULE "A"
The Service Connection Fees are as follows:
1.
Permit Fee
$40.00
2.
Inspection Fee
$40.00
3.
Connection Charges:
(1) Where new connections have been provided
through private development
No Charge
(2) Where the City has pre-serviced or are
to construct new services to properties:
100mm diameter
$1400.00
150mm diameter
$1400.00
200mm diameter
actual costs
250mm diameter
actual costs
300mm diameter
actual costs
4.
Disconnection Fee
$400.00
Consolidated to: May 2, 2023