Sewer Rates and Regulations Bylaw No. 4088, 2010 (Consolidated) — full text

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THE CORPORATION OF THE CITY OF DAWSON CREEK SEWER RATES & REGULATIONS BYLAW NO. 4088, 2010 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws listed below. Amendments have been incorporated with the parent bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the subject bylaw. Amendment Bylaw 4105, 2011 incorporated Amendment Bylaw 4245, 2014 incorporated Amendment Bylaw 4259, 2015 incorporated Amendment Bylaw 4298, 2016 incorporated Amendment Bylaw 4393, 2018 incorporated Amendment Bylaw 4408, 2019 incorporated Amendment Bylaw 4430, 2019 incorporated Amendment Bylaw 4435, 2020 incorporated Amendment Bylaw 4443, 2020 incorporated Amendment Bylaw 4455, 2020 incorporated Amendment Bylaw 4476, 2021 incorporated THE CORPORATION OF THE CITY OF DAWSON CREEK BYLAW NO. 4088 A bylaw of The Corporation of the City of Dawson Creek (hereinafter called "the City") to establish Sewer Rates and Regulations. WHEREAS, the Council of the City deems it necessary from time to time to establish rates and regulations for the use of the municipal sewer system; NOW THEREFORE, the Council of the Corporation of the City of Dawson Creek hereby enacts as follows: SECTION 1 - TITLE 1.1 This Bylaw may be cited for all purposes as "SEWER RATES AND REGULATIONS BYLAW NO. 4088, 2010". SECTION 2 - DEFINITIONS 2.1 In this Bylaw the following words and terms have the following meanings assigned to them. "Bylaw Enforcement Officer" means a person or persons appointed from time to time by resolution of City Council pursuant to Section 36 of the Police Act, the purpose of which is to enforce regulatory bylaws of the municipality. "City" means The Corporation of the City of Dawson Creek. "Discharge Station" means the Trucked Waste Receiving Facility located at 248 115th Avenue. "Principal Building" means a building in which is conducted the principal use of the lot on which it is located. "Sewer System" means all sewer works and all appurtenances thereto, including sewer mains, service connections, pumping stations, treatment plants, lagoons and sewer outfalls laid within any highways, municipal right-of-way or easement and owned and operated by the Municipality and installed for the purpose of conveying, treating and disposing of domestic municipal wastes and industrial wastes. "Trucked Waste" means any Waste that is collected and transported off-site by means other than Discharge to a Sanitary Sewer, including, but not limited to, septic tank Waste, Oil and Grease from Interceptors, and other Sludges of organic origin. SECTION 3 - REGULATIONS 3.1 All users shall pay a variable as well as a fixed infrastructure charge as set out in the City of Dawson Creek Fees and Charges Bylaw as amended or replaced from time to time. 3.2 Each property connected to the sewer system shall have its own service directly from the principal building to the sewer main. Costs for such connections shall be paid by the property owner. 3.3 The property owner is required to have an easily accessible clean out installed on the soil waste stack, where the sewer service leaves the building and such clean out shall be a minimum of 4" in diameter inside. Sewer Rates and Regulations Bylaw No. 4088 Page 2 of 8 3.4 All installations must be performed by a certified plumber and must adhere to the requirements of the Servicing and Subdivision Bylaw, the City of Dawson Creek Sewer and Sewer Connecting Lines Service Bylaw, or any other applicable bylaws, except where permission has been granted in writing by the City Engineering Department. 3.5 No person shall connect a building service to a sewer main, connect a building service to a previously installed service at property line, install a service box at property line, or otherwise excavate to accommodate such works without having first obtained a Service Connection Permit from the City. The fee for such permit shall be charged in accordance to the City of Dawson Creek Fees and Charges Bylaw as amended or replaced from time to time. The issuance of Service Connection Permits is at the sole discretion of the City. The City Engineering Department shall not issue such permit unless the applicant has demonstrated competence to perform such work. The City may inspect any works undertaken under such Permit and may accept or reject the work. 3.6 No person shall deposit any Regulated Substances exceeding the Maximum Concentration as set out in Schedule A - List of Regulated Substances in the City's sewer system other than Trucked Waste that is deposited at the City's Discharge Station in accordance with a signed Trucked Waste Discharge Agreement. 3.7 No person shall deposit any item listed as a Prohibited Substance into the sewer system as set out in Schedule B - List of Prohibited Substances other than Trucked Waste deposited at the City's Discharge Station in accordance with a signed Trucked Waste Discharge Agreement. 3.8 The property owner is responsible for all sewer blockages between the building and the sewer main, except for damage from a broken pipe under the street or lane. 3.9 The property owner is required to employ a certified plumber to attempt to determine, with the use of a hand snake, the extent of the damage, but shall not excavate without the approval of the City Engineering Department. 3.10 The City will not attempt to remove any blockage by working through a roof vent stack. 3.11 The City will, upon request of the property owner, assist with exploratory examinations of all blockages. Costs for such examinations shall be paid by the property owner. 3.12 Owners requesting assistance other than the exploratory examination will be charged actual manpower and equipment costs. 3.13 No person shall tamper with, or obstruct access to, any part of the sewer system. Any person contravening this section shall be assessed the full costs of any repair, replacement or removal required by reason of their actions. 3.14 No contractor, builder or other person shall use, for building purposes or otherwise, the sewer system without obtaining a Temporary Use Permit. 3.15 Any person or company disposing of sewage into the City's sewer system shall pay the rates set out in the City of Dawson Creek Fees and Charges Bylaw as amended or replaced from time to time. 3.16 A person shall only make deposits at the City's Discharge Station. No person shall deposit grease, solid waste or other material detrimental to the sewer disposal system into the City's sewer system unless in accordance with a signed Trucked Waste Discharge Agreement. Sewer Rates and Regulations Bylaw No. 4088 Page 3 of 8 3.17 Users connected to the raw water line where water is being used solely for irrigation purposes will only be charged rates in accordance with the City of Dawson Creek Water Rates and Regulations Bylaw and not the variable rate or the fixed charge as set out in this bylaw. 3.18 Users of the City of Dawson Creek sewer system outside of municipal boundaries shall pay the fixed infrastructure charge and a minimum variable amount based on the average bi-monthly homeowner water usage of 33 m3. 3.19 The rates, fees and charges levied or imposed under the provisions of this bylaw or the City of Dawson Creek Fees and Charges Bylaw as amended or replaced from time to time are a special charge upon the lands or real property in respect of which the sewer service is supplied or used. All rates, fees and charges under the provisions of this Bylaw or the City of Dawson Creek Fees and Charges Bylaw as amended or replaced from time to time, in addition to any other remedies, may be levied, collected and recovered from the owner in the same manner and subject to the same incidents as taxes upon land and improvements. 3.20 All rates, fees and charges levied or imposed under the provisions of this bylaw or the City of Dawson Creek Fees and Charges Bylaw as amended or replaced from time to time are due and payable within 30 days from the billing date noted as the "Due Date" on the utility bill issued by the City. A 10% penalty shall be added to account balances remaining unpaid after the "Due Date". SECTION 4 - ENFORCEMENT 4.1 Any person designated as a Bylaw Enforcement Officer pursuant to the City of Dawson Creek's Bylaw Enforcement Notice Bylaw or Dawson Creek's Municipal Ticket Information Bylaw is hereby authorized and empowered to enforce the provisions of this Bylaw by the Bylaw Notice Enforcement Bylaw No. 4277, 2016 or by the Municipal Ticket Information System Bylaw No. 4278, 2016. 4.2 No person shall do any act or suffer or permit any act to be done in contravention of this bylaw. 4.3 No person shall obstruct or impede a bylaw officer in lawful performance on any property, at all reasonable times, in order to ascertain whether such regulations are being observed as per Section 16 of the Community Charter. 4.4 Each day that an offence against this bylaw continues shall be deemed a separate and distinct offence. 4.5 A person who contravenes any provision of this bylaw is liable to a fine of not more than $10,000.00 and not less than $100.00 for each offence. 4.6 Any penalty imposed pursuant to this bylaw shall be in addition to, and not in substitute for, any other penalty or remedy imposed pursuant to any other applicable statue, law, or legislation. SECTION 5 - ADMINISTRATIVE 5.1 If any provision of this bylaw is declared or held to be illegal, invalid, or ultra vires, in whole or in part, then the provision shall not apply and the remainder of this bylaw shall continue in full force and effect and be construed as if it had been enacted without the illegal, invalid, or ultra vires provision. Sewer Rates and Regulations Bylaw No. 4088 Page 4 of 8 5.2 Schedules "A" and "B" are attached to this bylaw and form a part of this bylaw. 5.3 This bylaw shall take effect on January 1, 2011. 5.4 Effective January 1, 2011, the following bylaws and all amendments thereto are hereby repealed: a. Sewer Rates Adjacent Area Bylaw 156, 1955; b. Sewer Frontage Tax Bylaw 338, 1958; c. Sewerage Frontage Tax Validating Bylaw 378, 1959; d. Sewer Rates Amendment Bylaw 2866, 1991; e. Sewer Rates and Regulations Bylaw 2909, 1992; 5.5 Council hereby delegates authority to the Chief Financial Officer to receive, review and approve on a case by case basis any applications made for a rebate of sewer fees directly associated with an in- home water intensive medical treatment. READ a first time this 22nd day of November , 2010. READ a second time this 22nd day of November , 2010. READ a third time this 22nd day of November , 2010. ADOPTED this 6th day of December , 2010. CERTIFIED A TRUE AND CORRECT COPY of Bylaw No. 4088 cited as "SEWER RATES AND REGULATIONS BYLAW NO. 4088, 2010". The Corporate Seal of THE CORPORATION OF THE CITY OF DAWSON CREEK was affixed in the presence of: ORIGINAL SIGNED BY ORIGINAL SIGNED BY Brenda Ginter Director of Corporate Administration Mike Bernier - Mayor ORIGINAL SIGNED BY Brenda Ginter - Director of Corporate Administration Sewer Rates and Regulations Bylaw No. 4088 Page 5 of 8 SCHEDULE "A" List of Regulated Substances Regulated Substances Maximum Concentration (mg/L) Oil and Grease (Hydrocarbons Only) 15.0 Oil and Grease (Total) (1) 150.0 Arsenic 1.0 Boron 50.0 Cadmium 1.0 Chromium (Total) 5.0 Cobalt 5.0 Copper 2.0 Cyanide 1.0 Iron 10.0 Lead 2.0 Mercury 0.05 Molybdenum 1.0 Nickel 3.0 Phenols 1.0 Selenium 1.0 Sulphide 1.0 Sulphates 1,300.0 Zinc 4.0 Organic Constituents Benzene 0.1 Total BTEX (2) 1.0 Total Petroleum Hydrocarbons TPH 40.0 Polycyclic Aromatic Hydrocarbons (PAH) (3) 0.05 Sewer Rates and Regulations Bylaw No. 4088 Page 6 of 8 SCHEDULE "A" (continued) (1) Total oil and grease includes oil and grease hydrocarbons. (2) BTEX includes benzene, ethylbenzene, toluene, xylene (3) Polycyclic Aromatic Hydrocarbons include: - Naphthalene - Acenaphthylene - Acenaphthene - Fluorene - Phenanthrene - Anthracene - Fluoranthene - Pyrene - Benzo(a)anthracene - Chrysene - Benzo(b)fluoranthene - Benzo(k)fluoranthene - Benzo(a)pyrene - Dibenzo(a,h)anthracene - Indeno(1,2,3-c,d)pyrene - Benzo(g,h,i)perylene Sewer Rates and Regulations Bylaw No. 4088 Page 7 of 8 SCHEDULE "B" List of Prohibited Substances The following waste is prohibited from being discharged into the sewer system: Any liquid or vapour having a temperature higher than 65° Celsius [150° Fahrenheit]; Any waters, sewage or wastes having a Biological Oxygen Demand (BOD5) greater than 500 mg/L; Any waters, sewage or wastes having a Chemical Oxygen Demand (COD) greater than 600 mg/L; Any waters, sewage or wastes containing more than 600 mg/L Total Suspended Solids (TSS); Any other non-biodegradable debris that contains solids including but not limited to: gravel, metals, plastic, or wood; Any waste having a PH less than 5.5 or greater than 9.0; Any flammable or explosive material; Any excrement from farm animals; Any waste that exceeds radioactivity limitations established by the Atomic Energy Board of Canada from time to time;