Sewer Connection and Regulation Bylaw No. 265, 2021 — full text, Lantzville, British Columbia

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DISTRICT OF LANTZVILLE BYLAW NO. 265 A BYLAW REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM WHEREAS the Council of the District of Lantzville has constructed and maintains a sewerage collection system; and WHEREAS it is deemed necessary to provide for connection, installation, maintenance, and use of the District's public sewer system, and to regulate activity related to the discharge of waste into the system; NOW THEREFORE the Council of the District of Lantzville, in open meeting assembled, enacts as follows: CITATION 1. This Bylaw may be cited for all purposes as the "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021". INTERPRETATION 2. Except as otherwise indicated, words and phrases in this Bylaw have the same meanings as in the Community Charter, Local Government Act, Environmental Management Act, and Interpretation Act as the context and circumstances may require. A reference to an Act refers to a statute of British Columbia and a reference to any statute, regulation, bylaw or other enactment refers to that enactment as amended or replaced from time to time. DEFINITIONS 3.1 In this Bylaw: "Actual Cost" means a cost determined by the District and which includes the amount expended by the District for gross wages and salaries, employee fringe benefits, materials, equipment rental rates at rates paid by the District or set by the District for its own equipment and any other expenditures incurred in doing the work. "Approval" means approval or approved in writing by the Director of Public Works or other official having jurisdiction. "Building drain" means that part of the lowest horizontal piping that conducts sewage, uncontaminated water, or storm water to a building sewer. "Building sewer" means a pipe that is connected to a building drain outside a wall of a building and that leads to a public sewer or private sewage-disposal system. "Contaminant" means any substance, whether dissolved or suspended, or any water quality parameter that, when present above a certain concentration in water, or waste water: (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; "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 2 of 9 (c) Interferes with, or is capable of interfering with, the proper operation of a sewage treatment plant; (d) Causes, or is capable of causing, material physical discomfort to a person; or (e) Damages, or is capable of damaging, the environment. "Director of Public Works" or "Director" means the Director of Public Works for the District or authorized deputy or designate. "District" means the District of Lantzville. "Fees and Charges Bylaw" means the "District of Lantzville Miscellaneous Fees and Charges Bylaw No. 26 - 2004". "Garbage" means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. "Industrial waste(s)" means liquid waste resulting from the processes employed in industrial establishments, including, among others, industrial cooling water, wastes from dry-cleaning establishments, food-processing and packaging plants, gas and oil refineries, and storage depots, but does not include domestic sewage. "Owner(s)'' means the person who is the registered owner on title under the Land Title Act, and in relation to the common property of a strata corporation, includes the strata corporation. "Public sewer'' means a common sewer directly controlled by a public authority, and shall include main sewer, lateral sewer, and sewer connection. "Public Sewer System" means all sewerage works owned and operated by the District for the collection, conveyance and disposal of sewage, and drainage works for the impounding, conveying and discharging of surface and other waters, or both, and includes all appurtenances to such works. "Sanitary sewage" means that portion of sewage exclusive of industrial wastes and storm waters. "Sanitary sewer'' means a sewer that transports sewage or clear-water waste, but does not intentionally admit storm water. "Sewage system" means all District-owned facilities for collecting, pumping, treating and disposing of sewage. "Sewage" means any liquid waste containing animal, mineral or vegetable matter in suspension or solution. "Sewer'' means a pipe or conduit including manholes and other appurtenances, for transporting sewage. "Sewer connection" means that part of the building sewer extending from the public sewer to the property line of the property being served, or where the public sewer is located within an easement or right of way, that part of the building sewer extending from the public sewer to the boundary of the easement or right of way. "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 3 of 9 "Sewage treatment plant" means any arrangement of devices and structures used for or intended to be used for treating sewage. "Storm sewer or storm drain" means a sewer that is installed to convey storm water. "Storm water(s)" means water that is discharged from a surface as a result of rainfall or snowfall. "Trucked Liquid Waste" means wastewater from a septic tank, holding tank or portable toilet facility. "Uncontaminated Water" means any water, other than storm water or groundwater, to which no contaminant has been added as a consequence of its use or to modify its use by any person. "Watercourse" means a channel in which a flow of water occurs either continuously or intermittently, and without limitation, includes a river, stream, creek, lake, pond, wetland, and ditch. 3.2 Nothing in this Bylaw relieves any person from complying with any and all Federal, Provincial enactments, a bylaw of the Regional District of Nanaimo, any other bylaw of the District, or a requirement of any lawful permit, order or licence applicable to the discharge of water, sewage, or waste of any kind. Where any inconsistency among such enactments, permits, orders or licences exist, the stricter one shall prevail. SEVERABILITY 4. If any section, paragraph, clause or word of this Bylaw is held to be invalid or unenforceable by a court of competent jurisdiction, that portion is severed from the Bylaw and the remaining portions continue to be valid and enforceable. USE OF PUBLIC SEWERS REQUIRED 5. No person shall place, deposit or permit to be deposited any human or animal excrement, garbage or other waste upon public or private property within the District in any manner that is unsanitary. 6. No person shall discharge into any ditch, storm drain, storm sewer, or watercourse any sanitary sewage, industrial wastes, petroleum products, coal tar or other similar materials, or any refuse or substance arising from the manufacture, handling or processing of gas or petroleum products. 7. Except as permitted by the Bylaw and the Public Health Act, no person shall construct or maintain any privy, septic tank, cesspool, or other facility intended or used for the disposal of sewage. 8. Every owner of land within the District abutting on any street, alley, or right of way in which there is located any part of the public sewer system must, within the time set out by the Director of Public Works in a notice delivered to the owner, connect a building or structure on the land directly with the public sewer system in accordance with this Bylaw in any of the following circumstances: "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 4 of 9 (a) if the building or structure involving the use of water is proposed to be constructed or installed; (b) if the existing building or structure is proposed to be altered or expanded involving an increase in the existing use of water such that a new or additional building sewer may be required; or (c) if required to connect to the public sewer system pursuant to a local area service bylaw, and must thereafter pay user fees applicable to the property as set out in the Fees and Charges Bylaw. 9. In the event that an owner who has been required to connect a building to a public sewer system pursuant to Section 8 fails or neglects to connect the said building with the public sewer system within the time stated in the notice, the Director of Public Works may arrange to have the work done by District employees or contractors at the expense of the owner. 10. The actual cost of any work carried out by the District in default of the owner becomes a debt due to the District, and if not paid in full by December 31st may be recovered from the owner in the same manner as for property taxes. 11. The Director of Public Works may, upon written application by an owner, waive in written form the requirement of Section 8 to connect for an indefinite period of time as it applies to that owner, if the Director determines that in the circumstances, the connection to the public sewer system is not feasible and another method of dealing with sewage or drainage is available and meets the purposes of this Bylaw. 12. No person shall connect a septic tank to the public sewer system without first obtaining written approval of the Director of Public Works, who may withhold approval until satisfied that the connection complies with the provisions of this Bylaw. 13. No person shall discharge or permit the discharge of any trucked liquid waste, sludge or any deposit contained in a septic system into a public sewer. PRIVATE SEWAGE DISPOSAL 14. Where a public sewer is not available under Section 8, the owner must ensure that the building sewer is connected to a private sewage disposal system complying with this Bylaw and the Public Health Act. 15. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the District. 16. At such a time as a public sewer becomes available to a property served by a private sewage disposal system, on being notified by the Director of Public Works, the owner must apply for a direct connection to the public sewer system and Sections 8 through 10 apply to the owner of the property. "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 5 of 9 17. The owner shall ensure that after connection to the public sewer, any septic tanks, cesspools, and similar private sewage disposal facilities are decommissioned within a time set out in a notice delivered to the owner by the Director of Public Works. BUILDING SEWERS AND CONNECTIONS 18. No sewer connection shall be constructed on any road allowance, easement, or other public land except by the District or under a contract or agreement with the District. 19. No person shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining written permission from the Director of Public Works. 20. No person shall connect any building to a sewer connection except in accordance with the provisions of this Bylaw. 21. An owner whose land or building is required to be connected to the public sewer system, must submit an application to the Director of Public Works, in a form approved by the Director, accompanied by the applicable fees as prescribed in the Fees and Charges Bylaw including the applicable sewer connection inspection fee set out in the Fees and Charges Bylaw. 22. An applicant for connection to the public sewer system must provide the following information in complete and accurate form: (a) registered owner of the land and building; (b) name and business contact information of applicant, if different from (a); (c) subject property civic address; (d) proposed or current use of building or structure to be connected; (e) on-site servicing drawings; (f) proposed depth of service (metres) at property line; (g) plumbing contractor, business contact information, and certification requirements; and (h) such other information as the Director may require pursuant to this Bylaw. 23. The Director of Public Works will, on reviewing an application, calculate the actual cost of connecting the building sewer to the public sewer, and may provide written approval of a connection to a property or building if: (a) satisfied that the requirements of this Bylaw, the British Columbia Plumbing Code, and other applicable enactments will be met; and (b) the District has received payment for the actual cost of connecting the building sewer to the public sewer system. 24. The owner must pay for the actual cost of connecting the building sewer to the public sewer system. If the actual costs of connecting to the public sewer system, along with any related fees or charges, are not paid within the time required by this Bylaw or as set out on an invoice from the District, the actual costs, fees and charges become a debt owing to the District by the owner of the property to be connected. "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 6 of 9 25. Any costs, fees or charges related to sewer connection or use, if not paid in full by December 31st, may be collected by the District from the owner of the subject property in the same manner as for property taxes. 26. Any required charges or costs referred to in this Bylaw do not include works within the property of the applicant, where all costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. 27. The Director of Public Works may refuse to approve a sewer connection if in the Director's opinion, (a) the public sewer is incapable of handling the additional load which would be caused thereby with the resultant danger of the sewer overflowing and flooding the applicant's property or another property; (b) that the sewage proposed to be discharged into the public sewer is likely to obstruct, damage, or injure the public sewer system, or impair the efficiency thereof; or (c) that such sewage will not comply with the limitations and provisions contained in this Bylaw or the Regional District of Nanaimo "Regional Sewage Source Control Bylaw No. 1730, 2015". 28. In the event a new sewer connection is required to be laid from the public sewer to the applicant's property line, the Director of Public Works may delay construction of such connection if, because of high water table, frost, or other winter conditions, the cost of the connection could be excessive in the opinion of the Director. If, despite such decision by the Director, the applicant demands the connection to be constructed during such conditions, the difference between the connection charge referred to in Section 21 and the actual cost shall be paid by the applicant. 29. Old sewer connections may be used for new buildings only when they are found, pursuant to an inspection, at the cost of the owner, to comply with the requirements of this Bylaw. 30. The owner of a property must ensure that any and all building sewers are constructed and maintained in accordance with the British Columbia Plumbing Code. 31. The applicant for connection to the public sewer system shall notify the Director of Public Works when the sewer connection is ready for inspection. After backfilling, the applicant shall carry out an exfiltration test that must be witnessed by the Director or a person designated by the Director. 32. Materials and workmanship which, in the opinion of the Director of Public Works, are defective or otherwise not in accordance with the provisions of this or any other relevant Bylaw shall be removed and replaced by the owner at the direction of the Director and the sewer connection shall not be covered or backfilled unless and until the said sewer has been accepted and approved by the Director. 33. If the owner has not completed work on the building sewer within the time stated on the approval by the Director, the approval shall expire. "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 7 of 9 34. The owner shall not make or attempt a connection below the water table until the trench is dewatered to the satisfaction of the Director of Public Works. 35. After a building has been connected to the public sewer all sewage from that building shall be discharged through the building sewer, and no person shall cause or permit such sewage to be drained, discharged, or disposed of in any other manner. USE OF PUBLIC SEWERS 36. No person shall discharge or cause or allow to be discharged any storm water, surface water, ground water, roof runoff, foundation drains, sumps, or other collectors of surface or ground water, cooling water, or industrial waste to any sanitary sewer. 37. No person shall construct or cause or allow the construction of any conveyance system that is capable of discharging to the sanitary sewer any industrial waste, basement groundwater, or roof runoff. 38. No person shall discharge or cause or allow to be discharged into any public sewer any substance of a kind or quality the discharge of which contravenes Regional District of Nanaimo "Regional Sewage Source Control Bylaw No. 1730, 2015", whether or not that substance would otherwise be permitted under the provisions of this Bylaw. 39. Without limiting the prohibition of section 38, no person shall discharge, or cause or allow a discharge into the public sewer of any solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, sanitary wipes, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair, entrails, shells, and paper dishes, cups, or milk containers, either whole or ground by garbage grinders. 40. The owner or occupant of a property where: (a) a prohibited discharge is occurring or has occurred, whether or not intentionally; or (b) any defect in or damage to a building sewer or sewer connection is found that could result in damage to, or the release of any contaminants into the public sewer, must immediately notify the Director of Public Works of such discharge, defect or damage. 41. An owner or occupant of a property described in section 40 must comply with any and all directions of the Director of Public Works to have the matter investigated, to report the matter to the Sewage Control Manager of the Regional District of Nanaimo, and to take any measures recommended by either official to remedy, mitigate or contain the discharge or damage. "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 8 of 9 PROTECTION FROM DAMAGE 42. Other than an employee or contractor of the District in performing their authorized work obligations, no person shall break, damage, destroy, uncover, deface, interfere or tamper with any structure, appurtenance, or equipment which is part of the public sewer system. 43. Owners and occupiers must maintain the building sewer on their property in a good state of repair. Where any stoppage occurs in a building sewer, the owner or occupier must clear the stoppage or cause the stoppage to be cleared by a registered plumber. The cost of clearing a stoppage in a building sewer must be borne by the owner of the property. INSPECTIONS 44. No person shall hinder or prevent the Director of Public Works, a person authorized by the Director, or a bylaw enforcement officer from entering any premises or from carrying out his or her duties with respect to the administration of this Bylaw. 45. In accordance with section 16 of the Community Charter, the Director of Public Works and other municipal employees, may enter at all reasonable times on any property that is subject to this Bylaw to ascertain whether the regulations, prohibitions and the requirements of this Bylaw are being met. 46. If an inspection under Section 45 uncovers any failure, omission, or neglect to clean out sumps, or uncovers any defect in the location, construction, design, or maintenance of any of the sewage system or any connection of roof drains, surface water drains, or drains of uncontaminated water to the public sewer, the person making such inspection may, in writing, notify the said owner, proprietor or occupier to rectify the cause of complaint. ENFORCEMENT AND PENALTIES 47. A person who: (a) contravenes this Bylaw; (b) permits, suffers or allows any act or thing to be done in contravention of this Bylaw; or (c) fails or neglects to do anything required to be done under this Bylaw, commits an offence. Each day that a violation occurs or continues shall constitute a separate offence. 48. A person found guilty of contravening this Bylaw is liable to pay: (a) a fine of not less than $1,000 and not more than $50,000, together with the cost of prosecution, if proceedings are brought under the Offence Act; (b) a fine of up to $1,000 if a ticket is issued under "District of Lantzville Municipal Ticket Information Bylaw No. 100, 2012"; or "District of Lantzville Sewer Connection and Regulation Bylaw No. 265, 2021" Page 9 of 9 (c) a penalty in the amount established in a bylaw under the Local Government Bylaw Notice Enforcement Act. 49. In addition to the payment of a penalty or fine in relation to an offence, a person violating any of the provisions of this Bylaw may be liable to civil proceedings by the District to recover expenses, loss or damage incurred by the District resulting from such violation. REPEAL 50. "District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007", and all amendments thereto, is hereby repealed. 51. "District of Lantzville Sewer Use Regulatory Bylaw No. 49, 2007", and all amendments thereto, is hereby repealed. READ A FIRST TIME this 17th day of February, 2021. READ A SECOND TIME this 17th day of February, 2021. READ A THIRD TIME this 17th day of February, 2021. ADOPTED this 3rd day of March, 2021. ORIGINAL SIGNED ORIGINAL SIGNED ______________________ ___________________________________ Mark Swain, Mayor Trudy Coates, Director of Corporate Administration