Sanitary Sewer and Storm Drainage Bylaw

Elkford, British Columbia

This is the exact embedded text of the captured official document. Snapshot 9cd0ad52e3e6 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

DISTRICT OF ELKFORD BYLAW NO. 835, 2020 A Bylaw to establish and set the Fees and Regulations for the Sanitary Sewer and Storm Drainage Systems The Municipal Council of the District of Elkford, in open meeting assembled, enacts as follows: 1. CITATION (a) This Bylaw may be cited as the "Sanitary Sewer and Storm Drainage Bylaw No. 835, 2020". 2. DEFINITIONS (a) In this Bylaw: Account means an agreement between the Owner and the District of Elkford for the collection of Sanitary Sewage, Trucked Liquid Waste, or storm drainage. Air means the atmosphere, except in a Storm Drain or Stormwater management facility or as the context may otherwise require, does not include the atmosphere inside a constructed enclosure that is not open to the weather. Air Contaminant means any Substance or odour whether gaseous, liquid, solid or a combination that is emitted into the Air and that: (a) injures or is capable of injuring the health or safety of a Person, (b) injures or is capable of injuring Property or any life form, (c) interferes or is capable of interfering with visibility, (d) interferes or is capable of interfering with the normal conduct of business, (e) causes or is capable of causing material physical discomfort to a Person, or (f) damages or is capable of damaging the environment. B.O.D. or Biochemical means the quantity of oxygen utilized in the biochemical oxidation Oxygen Demand of organic matter under standard laboratory conditions in five (5) days at 20 degrees C, expressed as milligrams per liter as determined by the appropriate procedure in "Standard Methods". Biomedical Waste means Biomedical Waste as defined in "Guidelines for the Management of Biomedical Waste" established by the Canadian Council of Ministers of the Environment (CCME) and dated February 1992 and any of the following categories of Biomedical Waste: human anatomical Waste, animal Waste, untreated microbiological Waste, Waste Sharps and untreated human blood and body fluids listed in "Risk Group 4" as defined in "Laboratory Biosafety Guidelines," published by Health and Welfare Canada and dated 1990. C.O.D. or Chemical means the quantity of oxygen utilized in the chemical consuming Oxygen Demand capacity of inorganic or organic matter present in domestic or industrial Sanitary Sewage, expressed as milligrams per liter as determined by appropriate procedure in "Standard Methods". Child Care Centre, means a use of a Dwelling which provides for the care of more Major than eight (8) children in accordance with the Child Care Licensing Regulation under the Community Care and Assisted Living Act. Child Care Centre, means the use of a Dwelling which provides for the care of (8) or Minor less children in accordance with the Child Care Licensing Regulation under the Community Care and Assisted Living Act. Club means a building or establishment used by a philanthropic, social service, non-profit, athletic, business, or fraternal organization for meetings or social, educational, or recreational purposes, including incidental use by the general public Coach House means an accessory building used for the purpose of accommodating a Secondary Suite, subordinate and detached from the principal Single-Unit Dwelling on the same Parcel. Consumer means a person who has an Account with the District for the supply of Sanitary Sewer service. Contaminant means any Substance, whether gaseous, liquid, or solid, whether dissolved or suspended, or any Sanitary Sewage and/or Stormwater Quality Parameter that, when present above a certain concentration in Sanitary Sewage and/or Stormwater: (a) injures or is capable of injuring the health or safety of a Person; (b) injures or is capable of injuring Property or any life form; (c) interferes or is capable of interfering with the proper operation of a Sanitary Sewer System or a Storm Drainage System or a Stormwater management facility; (d) causes or is capable of causing material physical discomfort to a Person; or (e) damages or is capable of damaging the environment. Cottage Breweries means a use, not exceeding 929 m2, for the brewing, bottling and marketing of beers, ales and ciders for Retail and wholesale sales, and which shall also include a Retail store, a U-Vin and U-Brew use, and an area for beer, ale, and cider tasting. Discharge means to directly or indirectly introduce a Substance into a Sanitary Sewer System or a Storm Drainage System by spilling, disposing of, abandoning, depositing, leaking, seeping, pouring, draining, emptying, or by any other means. District means the District of Elkford pursuant to the Letters Patent and amendments from time to time. Domestic Waste means Waste, Sanitary Waste and the Water-carried Wastes from drinking, culinary uses, washing, bathing, laundering, or food processing, which is produced on a Residential Property, but not Water from a domestic Air conditioner. Dwelling means a Building or portion of a Building designed or used as a Dwelling Unit or Units. Dwelling, Apartment means a Dwelling containing three or more Dwelling Units which have common entry and exit facilities, constructed on a Parcel providing usable open space and a common activity area or areas. Dwelling, Employee means a Dwelling Unit accessory to a principal use, intended for occupation by an employee of the principal use, such as a manager, watch Person, or caretaker. Dwelling, Single-Unit means a Dwelling containing one Dwelling Unit, including a Modular Home, but not including a Mobile Home except where specifically permitted. Dwelling, Studio means a Dwelling Unit within a building having a single habitable room in addition to kitchen facilities and a bathroom. Dwelling, Townhouse means a Dwelling containing at least three Dwelling Units separated by party walls, whether subdivided from one another or not, of which each has separate entrance and exit facilities. Dwelling, Two-Unit means a Dwelling containing two Dwelling Units, including a Modular Home, but not including a Mobile Home except where specifically permitted. Dwelling Unit means habitable room(s) used or intended to be used for living and sleeping purposes for not more than one household and containing sleeping, kitchen, and bathroom facilities. Earth Pit Privy means a structure used to receive and dispose of human excreta in a pit in the earth. Equipment/ means light equipment and machinery generally not of a self- Machinery Light Duty propelled nature but does not include bulldozers, scrapers, trenchers, power shovels, drag lines, clamshells, power graders, power hoes, or any other type of heavy equipment of similar weight or horsepower rating. Establishing Service means to enter into an arrangement for the collection of Sanitary Waste or Stormwater through completed Service Pipes. Food Primary means a Restaurant that holds a Food Primary License issued under Establishment the Liquor Control and Licensing Act. Grab Sample means a sample of Water, Sanitary Sewage or Stormwater collected at a particular time and place. Hauler means a company or proprietor who engages in the business of hauling Trucked Liquid Waste. Home Occupation means an occupation, service, profession, or craft carried on in a Dwelling Unit or accessory building for remuneration or financial gain. Hotel means a building or part thereof wherein temporary accommodation of the traveling public or other Persons with a term less than twenty- eight (28) days is provided, and may include Restaurants including Food Primary Establishments, Liquor Primary Establishments, banquet and meeting rooms, Retail Stores, and fitness services, as well as in- room kitchens. Kennel, Class 1 means a building, structure, compound, pen or cage, or facility on a Parcel within a Residential or agricultural zone on which a minimum of three (3), to a maximum of five (5) dogs, cats, birds, or other domestic animals or some combination not exceeding five animals in total, are kept, trained, boarded, cared for, groomed, harboured, or bred, whether for business purposes or not, but does not include the keeping of up to two (2) such animals in a Dwelling Unit as household pets. Kennel, Class 2 means a building, structure, compound, pen or cage, or facility on a Parcel within a non-Residential zone on which three (3) or more dogs, cats, birds, or other domestic animals or some combination exceeding three (3) animals in total, are kept, trained, boarded, cared for, groomed, harboured, or bred for remuneration. Liquid Waste Dump means the location which conveys dumping at the Elkford Sewer Lagoon Site, or such other location designated by the Director of Engineering and Public Works from time to time. Liquor Primary means an establishment that holds a Liquor Primary License Establishment issued under the Liquor Control and Licensing Act. Liquor Store means the use of Premises for the Retail sale of liquor, beer or wine for consumption off the Premises. Cannabis Production means a business or service growing, cultivating, germinating, Facility producing, storing, warehousing or packaging any product or thing containing cannabis. Mobile Home means a single-wide or double-wide Dwelling, constructed in a factory to CSA Z240MH standards, transported on its own chassis, and placed on a permanent foundation complying with the B.C. Building Code if placed in the Mobile Home Housing zone or on a temporary foundation complying with CSA Z240.10.1 site preparation, foundation and anchoring of Manufactured Homes if placed in the Mobile Home Park Zone, and does not include a recreation vehicle. Modular Home means a Dwelling constructed in a factory to CSA A277 standards, transported to a building site on a flat-deck trailer and placed on a permanent foundation complying with the B.C. Building Code, and does not include a Mobile Home or recreation vehicle. Office means Premises for the provision of professional, management, administrative, consulting, or financial services, including but not limited to lawyers, accountants, travel agents, real estate and insurance firms, planners, clerical and secretarial agencies, printing, publishing, and media production, but excludes the servicing and repair of goods, the sale of goods to the Consumer on the site, and the manufacture or other handling of a physical product. Oil and Grease means an organic Substance or Substances recoverable by procedures set out in standard methods or procedures authorized by the District and includes, but is not limited to, hydrocarbons, esters, fats, oils, waxes, and high-molecular weight carboxylic acids. Out Closet means a room used for the disposal of human excreta under a pail system. Owner means a Person registered under the Land Titles Act as the Owner, or any other Person lawfully in possession or occupancy of buildings or Property in the District of Elkford. Oxygen Demand means consuming capacity of inorganic or organic matter present in domestic or industrial Sanitary Sewage, expressed as milligrams per liter as determined by the appropriate procedure in "Standard Methods". Parcel means an area of land designated as a separate and distinct Parcel on a subdivision or strata plan filed in the Land Title Office. PCB means any monochlorinated, dichlorinated, or polychlorinated byphenyl or any mixture that contains one or more of these. pH means the expression of the acidity or basicity of a solution as defined and determined by the appropriate procedure described in Standard Methods. Person includes an individual, society, partnership, or corporation. Pesticides means Pesticides regulated under the Integrated Pest Management Act of British Columbia. Pollution means the presence in the environment of Substances or Contaminants that substantially alter or impair the usefulness of the environment. Pool means any Water receptacle designed for decorative purposes or designed to accommodate more than one bather at a time and used for swimming or as a bath or hot tub. Premises means an area enclosed in walls. Private Service Pipe means the privately-owned pipe and fittings to form the connection between a Service Pipe at the Property Line and Premises within the Property permitted to be connected to the Sanitary Sewer Collection System and/or Storm Drainage Collection System. Privy Vault means a privy for disposal of human excreta into a vault which is lined with impervious material and which provides access for the removal of the excreta. Prohibited Waste means Prohibited Waste as defined in Schedule 'A' attached to and forming part of this Bylaw. Property means any land or building, or both, or any part thereof. Property Line means the legal surveyed boundary of a Property. Radioactive Waste means radioactive materials as defined in the Atomic Energy Control Act of Canada and Regulations under that Act. Residential means Dwellings which are used primarily for the purpose of residence by Persons on a permanent, temporary or seasonal basis. Retail means the sale of goods to the general public, including sales at convenience stores, grocery and produce stores, and pharmacies, but not the sale of liquor in a Liquor Store. Restaurant means Premises for the preparation, service and sale of food to the public for immediate consumption, within the Premises or at other Premises, and includes a Food Primary Establishment except where expressly prohibited, but excludes Premises for the consumption of food in motor vehicles parked on the site, or with drive-through takeout facilities. Rooming House means a building in which the Owner or manager resides and where more than two (2) Sleeping Units are made available for remuneration, with and without meals being provided. It does not include Hotels, motels, bed and breakfasts, or community care facilities. Salvage Yard means an open area accessory to a Principal Use including a vehicle wrecking or dismantling yard, where Waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to metals, paper, rags, rubber tires, and bottles. Sanitary Sewer means the pipes, connections, manholes, cleanouts, lift or pump Collection System stations, Property, and all other system facilities for the collection of Sanitary Sewage owned and operated by the District of Elkford, and all accessories and appurtenances thereto but does not include the Private Service Pipe. Sanitary Sewer means the Sanitary Sewer Collection System, the Sanitary Sewer System Treatment Facility, Service Pipe and all other facilities used for the collection and treatment of Sanitary Sewage owned and operated by the District and all accessories and appurtenances thereto. Sanitary Sewer means the District's Sewer Lagoon or other treatment plant as Treatment Facility registered with the Environmental Operator Certification Program and/or the Ministry of Environment and all other facilities used for the treatment of Sanitary Sewage owned and operated by the District and all accessories and appurtenances thereto. Sanitary Sewage means Waste that contains human feces, urine, blood or body fluids originating from sanitary conveniences or other sources. Secondary Suite means a Dwelling Unit accessory to a Single-Unit Dwelling contained within a Single-Unit Dwelling or permitted accessory building. Septic Tank means any device or structure designed for the temporary storage of Sanitary Sewage. Service Connection means connection of the Sanitary Sewer System or the Storm Drainage System to a Property to provide service for that Property. Service Pipe means the District-owned pipe and fittings to form the connection between a Private Service Pipe and the Sanitary Sewer Collection System and/or the Storm Drainage Collection. Service Station means any building or land, used for the Retail sale of motor fuels and lubricants and includes automobile diagnostic centres, the washing, servicing and repairing of motor vehicles, and the sale of automotive accessories, but excludes all other sales and services, auto body shops, and vehicle painting. Sewer Rates means all Sanitary Sewer Rates and charges levied and administered by the District of Elkford pursuant to Schedule 'B' attached to and forming part of this Bylaw. Sharps means hypodermic needles, hypodermic syringes, blades, broken glass, and any devices, instruments, or other objects which have acute rigid corners, edges or protuberances. Sleeping Unit means a unit of accommodation that includes a sleeping room and may include a bathroom, and a kitchen. Special Permit means a permit granted by the District for the temporary use of an Out Closet, or Privy Vault in the District. Standard Methods means the 1995, 19th edition of "Standard Methods for the examination of Water and Wastewater" jointly prepared and published from time to time by the American Public Health Association, American Water Works Association, and the Water Environment Federation. Storm Drain means a drain or conduit for the collection and transmission of Stormwater or Uncontaminated Water, also referred to as a catch basin. Storm Drainage means the pipes, connections, drain tiles, ditches, catch basins, Collection System manholes, cleanouts, culverts, Property, and all other system facilities for the collection of Stormwater owned and operated by the District of Elkford, and all accessories and appurtenances thereto but does not include the Private Service Pipe Storm Drainage Means the Storm Drainage Collection System and Storms Drainage System Management Facility, Service Pipe and all other facilities used for the collection and treatment of Stormwater owned and operated by the District, and all accessories and appurtenances thereto. Storm Drainage means any facilities related to the discharge and/or treatment of Management Facility stormwater owned and operated by the District and all accessories and appurtenances thereto, prior to entering the receiving environment Stormwater means Water resulting from natural precipitation from the atmosphere and which is intended to be transported in a Storm Drainage System or watercourse. Substance includes any liquid, solid, or gas. Taxidermy means preparing and mounting skins of animals in a lifelike manner for commercial purposes. Trucked Liquid Waste means any Sanitary Sewage that is collected and transported from the site where the Waste originated by means other than discharge to a Sanitary Sewer System including, but not limited to, holding tank Waste, chemical toilet contents, but which does not include Oil and Grease from interceptors or traps or Waste from Recreational Vehicles. Trucked Septage means any Sanitary Sewage that is collected and transported from the site where the Waste originated by means other than discharge to a Sanitary Sewer System including, but not limited to, Septic Tank Waste, material from a drying bed, sanitary sewage where the liquids were allowed to bleed off to reduce quantity and thicken remaining sewage, and other sludges of organic or inorganic origin, but which does not include Oil and Grease from interceptors or traps. U-Vin/U-Brew means a commercial establishment that provides assistance and instruction in the process of making wine or beer for consumption by the customer and not for resale. Uncontaminated means Waste with impurity levels that will not be harmful to Water health and may include cooling Water and condensate drainage from refrigeration and Air conditioning equipment and cooled condensate from steam heating systems but does not include Stormwater. Waste means any Substance whether gaseous, liquid or solid, that is discharged or discarded, directly or indirectly, to a Sanitary Sewer System, Storm Drainage System, watercourse or Stormwater management facility. Sanitary Sewage means any parameter used to describe the quality of Sanitary Quality Parameter Sewage. Water includes surface Water, groundwater and ice. 3. ADMINSTRATION (a) A Sanitary Sewer System service and Storm Drainage System service is hereby established and continued for the District and the use, maintenance and operation of it shall be under the control and inspection of the District. (b) The District's Bylaw Enforcement Officer or designated representative may inspect the Premises of any Owner supplied with Sanitary Sewer System service and Storm Drainage System service to investigate any contravention of this Bylaw and to issue a Municipal ticket as may be necessary for the carrying out of the provisions of this Bylaw. 4. CONNECTION TO MAIN (a) The Owner of any Property in the District situated upon land abutting upon any street or public place wherein there is the Sanitary Sewer Collection System shall install in such Service Pipe with the Sanitary Sewer Collection System. (b) No Earth Pit Privy shall be erected or used in the District. (c) No Out Closet or Privy Vault shall be erected or used in the District unless under Special Permit from the District for special occasions or other temporary purposes. (d) The Owner of any Property in the District situated upon land abutting upon any street or public place serviced by the Storm Drainage System shall, where required by the District, install in such Service Pipe with the Storm Drainage System and such apparatus and appliances as may be required by the District Of Elkford Subdivision and Development Servicing Bylaw No. 776, 2016. 5. ESTABLISHING SERVICE (a) Any Person requiring Sanitary Sewer System services or Storm Drainage System services in respect of a Parcel in the District shall apply to the District in the fashion provided for by the District, and request that their Premises be connected to the said system. The District shall provide for the Premises to be connected to the Sanitary Sewer System or the Storm Drainage System provided: (i) That the Owner or authorized agent has paid the connection fee specified in Schedule 'B' of this Bylaw. (ii) That the Owner or their authorized agent have submitted to the District a plan showing the specifications, location and invert elevations of the proposed Private Service Pipe and the District has approved that plan. (iii) A backflow prevention device must be installed on the service in the structure to prevent the backflow of sewage from the main to flow backwards in the service. Access must be maintained in the structure for maintenance purposes of the device. (b) The installation of a Private Service Pipe shall not proceed until authorized by the District. (c) Owners of Properties with existing Private Service Pipes and existing Sanitary Sewer System or Storm Drainage System connections are required to install new connections at time of redevelopment unless: (i) The District approves the specifications, size, location and invert elevations of the existing facilities as appropriate for the development proposed; and (ii) The District's inspection of the existing facilities indicates them to be of a quality and functionality acceptable to the District. (d) The District may specify a size and capacity of service to be brought by the District to the Property Line of an Owner to afford that Owner a Sanitary Sewer System or Storm Drainage System connection. The cost of materials and installation of a size and capacity of service in excess of that specified by the District and in response to a request by the applicant Owner, shall be borne by the applicant Owner. The District has the right to refuse a request for increase in Service Pipe size. (e) A Property shall be considered serviced once a connection has been made to the Sanitary Sewer System and, where required by the District, to the Storm Drainage System. Any further installations requested or necessitated by demolition, excavation, renovations or other works on the lands shall be paid for in their entirety by the Owner. 6. RESPONSIBILITY (a) Responsibility for costs associated with the Sanitary Sewer System and the Storm Drainage System shall be apportioned as follows: (i) The District shall be responsible for all expenses related to the installation, operation and maintenance of the Sanitary Sewer System and the Storm Drainage System within the District except for all parts of the Sanitary Sewer System and the Storm Drainage System, Private Service Pipe, located within the Property Lines of an Owner, (ii) The expense incidental to the laying, connecting, disconnecting or repairing as herein provided, of Private Service Pipes or of Connections to the Storm Drainage System when such work is done by the District within the Property Line, or the expense of superintending such work when it is done by any other Person, is payable to the District by the Owner on demand and if not paid may be collected forthwith in the same manner as Sewer Rates; (iii) If any damage from any cause is done or allowed to be done within the Property Line of an Owner to any part of the Sanitary Sewer System or the Storm Drainage System, or their fittings or appurtenances, or to connections to the interior face of the outer walls of a building supplied with the Private Service Pipe, either by neglect or otherwise, or if a Sanitary Sewer System or Service Pipe becomes obstructed in any way between the inner surface of the wall of the building supplied and the Property Line, the Owner of the lands shall forthwith repair the same to the satisfaction of the District and in default of so doing, the District, its officers, employees, or agents may repair the same to the satisfaction of the District and charge the same to the Owner and collect the same in the same manner as Sewer Rates; and (iv) If any damage is done by the actions of an Owner or their authorized agent to the Sanitary Sewer System or the Storm Drainage System in any location in the District outside the Owner's Property Line, either by neglect or otherwise, the Owner shall forthwith repair the same to the satisfaction of the District and in default of so doing, the District, its officers, employees, or agents may repair the same to the satisfaction of the District and charge the same to the Owner. (b) All materials utilized by the Owner in the construction, installation, or repair of a Service Connection or as required in Section 6(a) herein shall correspond in all particulars with the materials used by the District and any materials prescribed by the District. (c) When the connecting, disconnecting or repairing of the Private Service Pipe between the Property Line and the building serviced is done by a Person other than an officer, employee or agent of the District, that Person shall notify the District who shall cause the work to be inspected and the connection, disconnection or repair of the Private Service Pipe between the Property Line and the building serviced shall be left uncovered until it has been inspected and approved. (d) The Owner or their agent shall notify the District a minimum of 2 business days (48 hours) prior to requiring an inspection of any sewer service installation or making request for connections to the existing sewer system. (e) In case of any blockage, either wholly or in part, of the Sanitary Sewer System or the Storm Drainage System is caused by reason of failure, omission or neglect by the Owner, the Owner shall, in addition to any penalty for infraction of the provisions hereof, be liable to the District for all costs of clearing such blockage and for any other amount for which the District may be held legally liable because of such blockage. 7. PROHIBITED AND OTHER WASTES (a) Prohibited Waste has been defined in Schedule 'A" attached to and forming a part of this Bylaw. (b) No Person shall place or deposit Prohibited Waste into or in the vicinity of any intake to the Sanitary Sewer System or by action or neglect, cause or allow the entry of Prohibited Waste into any intake of the Sanitary Sewer System; (c) No Person shall place or deposit into or in the vicinity of any intake to the Storm Drainage System or by action or neglect, cause or allow the entry into any intake of the Storm Sewer System of any: (i) Prohibited Waste; (ii) Contaminant; (iii) Domestic Waste; (iv) Sanitary Waste; (v) Oil and Grease; or (vi) Trucked Liquid Waste. (vii) Trucked Septage (d) No Person shall place or deposit into or in the vicinity of any intake to the Sanitary Sewer System or by action or neglect, cause or allow the entry into any intake of the Sanitary System of any: (i) Prohibited Waste; (ii) Contaminant; (iii) Storm Waste; (iv) Oil and Grease; (v) Trucked Liquid Waste; (vi) Trucked Septage. (e) No Person shall Discharge or allow or cause to be Discharged into the Storm Drainage System any Substance except Stormwater, and Water resulting from the provision of municipal services such as street flushing, fire extinguishing activities and from activities such as lawn Watering and car washing. (f) Grease, Oil and sand interceptors of a type, quality, capacity and character satisfactory to the District shall be provided where so directed by the District on commercial Parcels for each Restaurant, Hotel, motel, garage, gasoline Service Station, vehicle repair facility and vehicle and equipment washing establishment in the District. (g) Where, in the opinion of the District, Grease, Oil and sand interceptors are necessary to prevent the entry of Grease, Oil or sand into the Sanitary Sewer System or the Storm Drainage System from commercial Premises other than those described in Section 7(e), or are necessary for the proper handling of flammable Waste or other harmful ingredients, the Owner shall provide interceptors of a type, quality, capacity and character satisfactory to the District. (h) All interceptors referenced in Sections 7(e) and 7(f) above shall be so located as to be readily and easily accessible for cleaning and inspection, such location to be approved by the District. (i) Where installed, all Grease, Oil and sand interceptors as referenced in Sections 7 (e) and 7 (f) above shall be maintained by the occupant at their own expense in continuously effective operation at all times. (j) Any Owner of a Parcel on which the processing of photographic negatives or film occurs, or on which photographic images are processed or printed on photographic paper shall take all such steps necessary to ensure no photographic chemicals are caused to enter or allowed to enter any intake of the Sanitary Sewer System. (k) Any industrial Sanitary Sewage that is likely to damage or increase maintenance costs on the sewer system or which may detrimentally affect the sewer system or contaminate Water, shall be pre-treated to the extent required by the District to render them innocuous prior to Discharge into the Sanitary Sewer System. (l) No Person shall dispose of Sanitary Waste or Trucked Liquid Waste other than into the Sanitary Sewer System and as specified in this Bylaw. 8. TRUCKED LIQUID WASTE (a) Trucked Liquid Waste will be accepted at the Elkford Sewer Lagoon when there is sufficient capacity within the District's Discharge Permit with the Ministry of Environment, as determined by the Director of Engineering and Public Works. (b) Trucked Liquid Waste Haulers shall be required to: (i) Have an Account registered with the District prior utilizing the Elkford Sewer Lagoon Liquid Waste Dump; (ii) Maintain a valid District business license; (iii) Provide proof to the District of liability insurance in the amount of $5,000,000.00 with the District as a named insured on their insurance; (iv) Have a "Hazardous Waste" license from the Province of BC and provide an up- to-date copy to the District as part of the registration process; (v) Be responsible for any contamination or damage found to be resulting from the Hauler or the Trucked Liquid Waste that is dumped; and (vi) Provide the District at any time upon request, a grab sample or the ability to inspect the Trucked Liquid Waste, prior to dumping and may also allow the District to inspect the site of collection. (c) The minimum monthly charge will be $100.00, unless Trucked Liquid Waste is not dumped in the billing month. The Hauler is required to notify the District that no dumping will be required each month if a Hauler is currently registered. (d) Trucked Liquid waste must originate from within the region of the Elk Valley, in the Regional District of East Kootenay. 9. INSPECTION (a) The District may, by its officers, employees, or agents enter upon any Property served or to be served with a Service Pipe, to inspect the equipment installed thereon and for all purposes of inspection, compliance, installation, and testing for the purposes of this Bylaw. 10. INTERFERENCE (a) No Person shall in any way interfere with any Sanitary Sewer System or related appurtances, or other sewer works appliance outside of their own Premises. (b) No Person except a Person authorized by the District, shall tap or make any connections whatsoever with any part of the Sanitary Sewer System either in streets, or in lanes, or wherever located on public lands, or on private grounds. (c) No Person shall Discharge or allow or cause to be Discharged into the Sanitary Sewer System or the Storm Drainage System any Waste in a concentration or quality which may be or may become a health or safety hazard to personnel operating or maintaining the Sanitary Sewer System or the Storm Drainage System or which may interfere with the proper operation of those systems or which may injure or is capable of injuring the health of any Person, Property or life form. . (d) No unauthorized Person or Hauler will cause Trucked Liquid Waste to be dumped at the Elkford Sewer Lagoon Site, or such other alternate location identified by the Director of Engineering and Public Works. (e) Haulers found to be allowing anyone unauthorized to utilize their key or keycard will be suspended from the registered Hauler list. (f) Haulers who have caused a security breach by loss or unauthorized use of their key or keycard, shall be invoiced the actual cost, plus administration fees of regaining security for all registered Haulers. (g) Haulers will be responsible for property damage caused in the site. (h) Haulers will be responsible for ensuring the site is left secure. (i) Haulers who have been found to have falsified the quantities submitted, shall be subject to the following: (i) on the first offence, Haulers will be invoiced and responsible for payment of estimated quantities in excess of those declared at double the cubic meter rate set out in Schedule 'C'. (ii) on the second offence in a twelve month period, Haulers will have their dumping privileges revoked for a period of fourteen (14) consecutive days and will be responsible for payment of estimated quantities in excess of those declared at double the cubic meter rate set out in Schedule 'C'. (iii) at any time, in addition to the remedies noted above, a Hauler who contravenes any provision in this Bylaw is subject to the penalties outlined in paragraph 12. herein. 11. RATES AND CHARGES (a) The Sewer Rates to be charged by and that shall be payable to the District under the terms of this Bylaw for Sanitary Sewer System service supplied to or made available for use by an Owner, shall be those set forth in Schedule 'B' of this bylaw on or before the due date. Upon new or terminated services, the District may issue pro-rated invoices or adjustments at the discretion of the District. (b) Rates levied under Schedule 'B' for residential will be invoiced to the Owner with the annual tax notice each year and will be construed as current year's taxes and will be subject to penalties and interest in the same manner as other taxes. (c) Rates levied under Schedule 'B' for multiple Dwellings or commercial premises will be invoiced to the occupier on a quarterly basis, and the due date for payment will be the last day of the second month of the quarter in respect of which a bill has been issued. (d) All amounts payable under this bylaw with the exception of the annual residential billings will bear simple interest of 2.5% calculated on quarterly billings until paid or until the end of the current year, whichever occurs first. (e) Where charges for services provided by the District under this bylaw remain unpaid after the 31st day of December in any year, they will be deemed to be taxes in arrears on the Property in respect of which they were levied and will promptly be entered as such on the tax roll by the Collector. (f) Non-receipt of a user rate invoice will not exempt the Consumer from liability for payment for the service received. (g) The Owner/occupier shall notify the District in writing when any changes or modifications are made to the Premises that may affect the Sewer Rates. (h) The District shall bill and collect from the Owner/occupier the appropriate rates, fees, and charges from the time the changes or modifications to the Premises were found to have first existed. (i) The interpretation and application of the Sewer Rates schedule is the responsibility of the District. (j) All charges payable under this Bylaw shall be paid to the District and the collection of all disbursements connected with the operation of the Sanitary Sewer System and supervision of books of Accounts shall be under the immediate control and direction of the District. (k) If a Service Pipe is found to be turned on or in use and no record of the turn on exists in the Districts files, the District may charge to the Consumer any applicable rates, fees, or charges to the time when the District determines that the Property was occupied. (l) Rates levied under Schedule 'B' for Trucked Liquid Waste Haulers will be invoiced to the registered hauler on a monthly basis, and the due date for payment will be the 15th day of the month after of which a bill has been issued. Any amount unpaid on the day after the due date shall bear simple interest calculated at 1.5% per month until receipt of payment by the District. (m) Haulers will be responsible for providing the District with an accurate summary of all dumping carried out in the previous month by the 10th day of the current month. Failure to do so will result in suspension of dumping privileges until a summary is received. The summary must include the following information: (i) Detailed logs for each truck including the truck unit number (ii) volume of each truck and it's unit number (iii) date of dumping (iv) location area of collection and type of waste (v) such other information as reasonably requested by the Director of Engineering and Public Works to ensure accurate invoicing. 12. PENALTIES (a) A Person is guilty of a contravention of this Bylaw and commits an offence who: (i) violates any provisions of this bylaw; (ii) causes or permits any act or thing to be done in contravention or violation of any provisions of this bylaw; or (iii) neglects or omits to do anything resulting in contravention of this bylaw. (b) For each day that a contravention of this bylaw occurs, such shall constitute a separate and distinct offence. (c) Every Person who commits an offence under this bylaw is liable to: (i) a fine and penalty of not more than $1,000.00 and not less than $100.00 for each offence if issued a municipal ticket under the District Ticket Information Bylaw or any amendments thereto; or (ii) a fine and penalty of not more than $10,000.00 and not less than $500.00 for each offence if prosecuted pursuant to the provisions of the Offence Act, R.S.B.C., Chapter 338. (iii) In addition to any other remedy available to the District for non-compliance with this Bylaw, the District may correct the violation and the costs incurred therefore shall be paid to the District upon demand and failing payment, may be collected as a debt due to the District. 13. FORMS AND PERMITS (a) The Director of Engineering and Public Works is hereby designated the authority to establish forms and permits as may be required to carry out the full effect of this Bylaw. 14. SEVERABILITY (a) If any provision of this Bylaw is declared invalid for any reason by a Court of competent jurisdiction, then that provision shall be severed from the remainder of this Bylaw and all other provisions of this Bylaw shall remain valid and enforceable. 15. REPEAL (a) District of Elkford Sanitary Sewer and Storm Drainage Bylaw No. 779, 2016 and all amendments thereto are hereby repealed. Read a first time this 24th day of August 2020. Read a second time this 24th day of August 2020. Read a third time this 24th day of August 2020. Adopted this 31st day of August, 2020. Dean McKerracher Chantel Dawson Mayor Director of Corporate Services SCHEDULE 'A' to BYLAW 835, 2020 PROHIBITED WASTE Prohibited Waste means: 1. Excessive Strength Wastes Any non-Domestic Wastes having a B.O.D. in excess of 500 milligrams per litre as analyzed in a one-day composite sample, 1000 milligrams per litre as analyzed in a 2-hour composite sample, and 2000 milligrams per litre as analyzed in a Grab Sample. Any non-Domestic Wastes having a C.O.D. in excess of 750 milligrams per litre as analyzed in a one-day composite sample, 1500 milligrams per litre as analyzed in a 2-hour composite sample, and 3000 milligrams per litre as analyzed in a Grab Sample. Any non-Domestic Wastes containing suspended solids in excess of 600 milligrams per litre as analyzed in a one-day composite sample, 1200 milligrams per litre as analyzed in a 2-hour composite sample, and 2400 milligrams per litre as analyzed in a Grab Sample. 2. Biomedical Waste Any of the following categories of Biomedical Waste: human anatomical Waste, animal Waste, untreated microbiological Waste, Waste Sharps and untreated human blood and body fluids listed in "Risk Group 4" as defined in "Laboratory Biosafety Guidelines," published by Health and Welfare Canada and dated 1990. 3. Air Contaminant Waste Any Waste which, by itself or in combination with another Substance, is capable of creating, causing or introducing an Air Contaminant, causing Air Pollution outside any storm sewer or Stormwater management facility, or is capable of creating, causing or introducing an Air Contaminant within any storm sewer or Stormwater management facility which would prevent safe entry by authorized personnel. 4. Flammable or Explosive Waste Any Waste, which by itself or in combination with another Substance, is capable of causing or contributing to an explosion or supporting combustion in any storm sewer, watercourse or Stormwater management facility, including but not limited to, gasoline, naphtha, propane, diesel, fuel oil, kerosene, or alcohol. 5. Obstructive Waste Any Waste which by itself or in combination with another Substance is capable of obstructing the flow of, or interfering with the operation, performance or flow of any storm sewer, watercourse or Stormwater management facility, including but not limited to, earth, sand, sweepings, gardening or agricultural Waste, ash, chemicals, paint, metal, glass, Sharps, rags, cloth, tar, asphalt, cement-based products, plastic, wood, Waste portions of animals, fish or fowl and solidified fat. 6. Corrosive Waste Any Waste with corrosive properties which, by itself or in combination with any other Substance, may cause damage to any storm sewer or Stormwater management facility or which may prevent safe entry by authorized personnel. 7. High Temperature Waste Any Waste which, by itself or in combination with another Substance, will create heat in amounts which will interfere with the operation and maintenance of a storm sewer or Stormwater management facility; Any Waste which will raise the temperature of Waste Discharged by a storm sewer, watercourse or Stormwater management facility by 2 degrees Celsius or more; Any Waste with a temperature of 40 degrees Celsius or more at the point of Discharge. 8. PCB's, Pesticides Any Waste containing PCB's or Pesticides. 9. Pool Water Any Water from a Pool containing chlorine or chloramine in concentrations higher than an amount to be determined by the District from time to time. 10. Radioactive Waste Any Waste containing radioactive material that, prior to the point of Discharge into a storm sewer or watercourse, exceeds radioactivity limitations as established by the Atomic Energy Control Board of Canada. 11. pH Waste Any Waste which, prior to the point of Discharge into a storm sewer or Watercourse, has a pH lower than 6.0 or higher than 9.0 as determined by either a Grab Sample or composite sample. 12. Dyes and Colouring Material Dyes or colouring materials which produce in a Grab Sample or composite sample a colour value greater than or equal to 50 true colour units, or that causes discoloration of Water to such an extent that the colour cannot be determined by the visual comparison method as set out in Standard Methods, except where the dye is used by the District as a tracer. 13. Miscellaneous Any Waste which by itself or in combination with another Substance: (a) constitutes or may constitute a health or safety hazard to any Person; and/or (b) causes Pollution in any storm sewer, watercourse or Stormwater management facility. 14. Disinfectant Process Water Any Water from a waterworks containing residual chlorine or chloramine remaining from the disinfection of the waterworks or any part of the waterworks, but which does not include Water containing chlorine or chloramine ordinarily added to a supply of potable Water by the District. 15. Non-Domestic Waste Any non-Domestic Waste which, at the point of Discharge into a sewer, contains any Substance, in a combined or uncombined form, with a concentration in excess of the levels set out below. All concentrations are expressed as total concentrations, which include both dissolved and undissolved Substances. Substance Concentrations in milligrams per liter Expressed as One Day Composite Site Two Hour Composite Sample Grab Sample Aluminum Al 50.0 100.0 200.0 Arsenic As 1.0 2.0 4.0 Boron B 50.0 100.0 200.0 Cadmium Cd 0.2 0.4 0.8 Chromium Cr 4.0 8.0 16.0 Cobalt Co 5.0 10.0 20.0 Copper Cu 2.0 4.0 8.0 Cyanide Cn 1.0 2.0 4.0 Iron Fe 10.0 20.0 40.0 Lead Pb 1.0 2.0 4.0 Manganese Mn 5.0 10.0 20.0 Mercury Hg 0.05 0.1 0.2 Molybdenum Mo 1.0 2.0 4.0 Nickel Ni 2.0 4.0 8.0 Phenols - 1.0 2.0 4.0 Phosphorous P 12.5 25.0 50.0 Silver Ag 1.0 2.0 4.0 Sulphate SO4 1500.0 3000.0 6000.0 Sulphide S 1.0 2.0 4.0 Tin Sn 5.0 10.0 20.0 Zinc Zn 3.0 6.0 12.0 SCHEDULE 'B' to BYLAW NO. 835, 2020 SEWER RATES Sanitary Sewer Use Flat Rate 2016 2017 2018 2019 2020 Annual Rate Residential $147.25 $151.75 $156.25 $161.00 $166.00 Single-Unit Dwelling; Two-Unit Dwelling; Mobile Home; Modular Homes; Townhouse Dwelling; Secondary Suite; Studio Dwelling; (per Dwelling Unit) Quarterly Rate Commercial Light Use $35.25 $36.25 $37.50 $38.75 $40.00 Office; Retail; Liquor Store; church; other commercial use not defined elsewhere Commercial Medium Use $53.75 $55.25 $57.00 $58.75 $60.50 Bakery; bowling alley; butcher; community hall; Class 2 Kennel; Club; Cottage Brewery; florist; greenhouse; Liquor Primary Establishment; Major Child Care; Personal Services; Service Station without car wash; U-Vin/U-Brew; Commercial Heavy Use $147.75 $152.25 $156.75 $161.50 $166.50 car wash (per bay); Cottage Brewery; dry cleaner; Equipment/Machinery Light Duty; grocery store; Laundromats; medical clinic; Salvage Yard; Service Stations; Vehicle/ Equipment Sales, Rental and Service; Taxidermy Commercial Other: Apartment Dwelling; Manufactured Home Parks; (per Dwelling Unit/Manufactured Home Space) $36.75 $37.75 $39.00 $40.25 $41.50 Motels; Hotels; Rooming House; hostels (per Sleeping Unit) $27.00 $27.75 $28.75 $29.75 $30.75 Restaurant - under 75 seats (per seat) $3.50 $3.75 $4.00 $4.25 $4.50 Restaurant - over 75 seats (per seat) $2.25 $2.50 $2.75 $3.00 $3.25 Swimming Pools (private) $11.75 $12.25 $12.75 $13.25 $13.75 Schools (per room) $35.00 $36.00 $37.00 $38.25 $39.50 Cannabis Production Facility $738.75 $761.25 $783.75 $807.50 $832.50 Home Occupation - Personal Services (per chair/unit) $13.50 $14.00 $14.50 $15.00 $15.50 Where two or more uses are made of a single Property or building, multiples or combinations of the user rates shall apply. Home Occupation users will be charged a commercial user rate should sewer service be specifically required in their operation. Connection/Disconnection Fees: Sewer Service Fee: applicable to GST For each 100 mm Residential/commercial Service Connection installed to the sewer main and payable at time of Building Permit Application, plus actual excavation costs $500.00 $515.00 $530.00 $545.00 $560.00 For each Residential/commercial Service Connection larger than 100 mm installed to the sewer main and payable at time of Building Permit Application, plus actual excavation costs $600.00 $620.00 $640.00 $660.00 $680.00 To seal off an abandoned Service Connection plus actual excavation costs $200.00 $206.00 $212.25 $218.75 $225.50 Trucked Liquid Waste: Registration Fee $150.00 Trucked Liquid Waste Dumped at the Elkford Sewer Lagoon Site or other location designated by the Director of Engineering and Public Works, per cubic metre or portion thereof: $87.18