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VILLAGEOF LUMBYBylaw No. 701, 2009
A bylaw to regulate
the use of sanitary sewers
in the Village of Lumby and to
establish the rates, terms and conditions under which services may be given.
WHEREAS it is expedient that all real property within the Village, which is capable of
being served by a sanitary sewer, should be so served and connected to the Sewer
System;
AND WHEREAS it is necessary to impose charges for service connections and for
sewer user fees where service connections have been installed;
NOW THEREFORE the Council of the Village of Lumby, in open meeting assembled,
enacts as follows:
1. DEFINITIONS
In this Bylaw, unless the context othewvise requires,
the following words and
terms shall have the meanings hereinafter assigned to them:
"Bylaw Enforcement
Officer" means a person appointed
by the Village of
Lumby Council to enforce the Village of Lumby Bylaws.
"Clerk" means the duly appointed municipal officer assigned the responsibility
of corporate
administration from time to time by Council, pursuant
to the
"Community Charter."
"Collector"
means
the
duly
appointed
municipal
officer
assigned
the
responsibility of financial administration from time totime by Council, pursuant
to the "Community Charter."
"Council"
means the Council of the Village of Lumby.
"Dwelling" means any building(s) or structure(s) in which a person or persons
either resides or occupies, including duplexes, triplex, apartment or suites.
"Noxious Waste"
means
injurious or harmful liquid-or substance
that may
damage the sewer system.
'
"Office" means the Village of Lumby building located at 1775 Glencaird Street.
"Owner" shall be as defined in the "Community Charter" and shall include an
agent duly authorized inwritingby the ownwer.
"Person" shall, when necessary,
mean and include naturalpersons
of either
sex, associations,
corporations,
bodies politic, partnerships, whether acting by
themselves
or by a servant, agent, or employee,
and the heirs, executors,
administrators
and assigns
or other legal representative
of such person to
whom the context may apply according to law.
"Rate" means
the sum of money to be paid by any owner of real property
connected
to the sanitary sewer system by means of a sanitary sewer drain
and a service connection.
"Service Connection"
means the sewer line extending from the sewer main
to the property line of the property being serviced or about to be serviced.
"Sewer" means
a pipe, including manholes and other appurtenances
other
than a service connection
in the sewer system.
"Sewer Drain" means a pipe connecting a service connection and a building
or structure and includes any manholes or inspection chambers
required for
the sole benefit of such sewer drain, whether installed on private property or
not.
"Sewer System"
means all sewerage
works and all appurtenances
thereto,
including sewer
mains, service
connections,
pumping
stations, treatment
plants, lagoons and sewer outfalls laid within any highway municipal right-of-
way or easement.
"Superintendent"
means
the person
appointed
from time to time as the
Superintendent
of Public Works of the Village of Lumby.
"Village" means the Village of Lumby.
2. APPLICATIONFOR SERVICE
(3)
(b)
(0)
The owner of every parcel of real property to which a service connection can
be, or has been made, and upon which a building or structure is situated, shall
connect such building or structureto the sewer system.
Where the owner(s) of any parcel of land in the Village which is required to be
connected
to the sewer system by this Bylaw, neglects,
omits or refuses to
comply with the provisions of this Bylaw, the Council may, by resolution, cause
the owner to be served with a notice requiring him to comply with this Bylaw
within sixty (60) days of receipt of such notice, then and in that event the
owner shall be guilty of infraction of this Bylaw.
An application for a service connection must be completed prior to or at the
time an application is being made for a building permit, if applicable.
The
application for a service connection must be approved
by the Superintendent
and Clerk priorto a building permit being issued.
3. APPLICATION FEES
(a)
No person shall connect any building or structure to a sewer system until they
(b)
(c)
have, either in person or by their duly authorized agent, attended at the Office
and completed an application and an agreement
in the form prescribed by the
Village.
The applicant
shall,
in completing such form of application and
agreement,
provide true and accurate
information as to all details called for
therein,
and
any
person
providing false
information in completing
such
application and agreement
shall be guilty of an offence against this Bylaw.
At such time as the application and agreement
is executed,
the applicant shall
pay a connection fee in accordance
with the fees imposed for this purpose in
Schedule "B" of this Bylaw.
The connection
fee above referred to shall be deemed to be a charge for work
or services
done, and the provision(s) of Section 258 of the "Community
Charter" shall apply.
4. SERVICE INSTALLATION
V
(a)
(b)
(CI)
Allsewer drains shall be designed using good engineering practises.
All sewer drains shall be constructed
at the cost of the owner, and shall be of
infiltration-proof material approved
by the Superintendent,
and shall include
any inspection
chamber leading from the "Wye" on the service connection to
ground level. The internal diameter of any sewer drain shall be not less than 4
inches (100mm), but in the case of commercial dwellings and/or commercial
buildings,
and/or
industrial
buildings
such
internal
diameter
shall
be
'
determined by the Superintendent.
It shall be the duty of the owner, or of the Plumber or Contractor carrying out
sewer drain work on behalf of such owner, to notify the Superintendent
in
writing as soon as the work for which a permit has been issued is ready for
inspection, and no such sewer drain work shall be covered
until it has been
inspected and received the approval of the Superintendent.
Should the Superintendent
find upon inspection that any sewer drain work is
defective,
or should
such
work
be
not ready
for
inspection
after the
Superintendent
has
received
notification
as
required
herein, the
owner,
Plumber or Contractor, as the case
may be, shall file a further notice of
inspection, together with the fee imposed in Schedule "A"to cover the cost of
an extra inspection.
5. AUTHORIZATION
(8)
(b)
No person shall connect any plumbing facilities,
drains or outlets of any kind to
the
sewer
system
until such
connection
has
been
approved
by the
Superintendent.
'
No person shall run roof water or connect any storm drain or sump into the
sewer system.
The owner of any commercial
or industrial building or structure shall not
discharge
into the sewer system
any commercial waste of such nature as
may, in the opinion
of the Superintendent,
prevent
or impair the efficient
operation of the sewer system or any part thereof.
5.1 Service Upgrading
(6)
(b)
(0)
(d)
(6)
The Village may, on its own initiative or on application of the owner of real
property, provide a new service connection to a property and discontinue an
existing service connection to a property.
Where a new service connection
is provided, the owner of the property is
required to connect to the new service connection and fulfilthe obligations of
the Bylaw at their own cost.
If the Village provides
a new service
connection
on its own initiative, the
Village will provide 30 days
notice that a new service
connection will be
provided
to a property, that the owner is required
to connect
to that new
service connection and that the old service 'connection may be discontinued.
Within 15 days of the date of installation of a new service connection to a
property, the owner of that property shall, at its own cost:
(i)
connect all buildings, structures, manufactured homes, and anything else
on the property that has an existing service connection,
or is othen/vise
required to have a service connection, to that new service connection in a
manner acceptable
to the Superintendent;
(ii)
provide satisfactory evidence to the Superintendent
that the sewer drains
and
other elements
of the sewer
system
on the
property meet the
requirements
of this Bylaw and the current Plumbing Code; and
(iii) if necessary,
upgrade the sewer drains and other elements
of the sewer
system on the property in order to satisfy the requirements
of this Bylaw
and the current Plumbing Code.
Ifthe owner of theproperty to which a new service connection is provided 'has
not satisfied the requirements
of section 5(d) within the time period specified,
(I)
the Village may, at its sole discretion, and in addition to any other action or
remedies under this Bylaw or at law;
I
(i)
further to section
16 and 17 of the Community Charter, as may be
amended
from time to time, enter onto the property and conduct the
required works, at the ownerscost, which entry and work may also be
conducted by the Village's officers, employees
and authorized agents or
contractors;
'
(ii)
allow the property owner to connect
its existing sewer drains and other
elements
of the sewer
system
on the
property to the
new service
connection
on a temporary basis,
as determined by the Village, upon
provision of an indemnity to the Village further to section 5.1(f).
(iii) allow the property owner to continue to use the old service connection on
a temporary
basis, as determined by the Village, upon provision of an
indemnity to the Village further to section 5.1(f)
(iv) do any combinationofthe above; or
(v)
do none of the above
With respect to 5 (e)(ii) and 5(e)(iii), the owner of the property shall provide an
indemnity to the Village that the owner indemnifies and saves
harmless the
Village, its elected
officials, officers and employees
from any and all future
damages
or losses related to a back-up or other failure in the sewer system
arising from or connected
with, in whole or in part, the property's use of the
sewer
system,
until such
time that the property owner
has
satisfied
the
requirement of section 5(d).
If the owner of the property to which a new service connection
has been
provided has not satisfied the requirements
of section 5(d), and the Village has
discontinued
the old service connection, the owner shall discontinue any use
of the property which requires sewer service until such time that the property
owner has satisfied the requirements of section 5(d).
6. DESIGN REQUIREMENTS FOR NON-RESIDENTIALUSERS
CONNECTING
TO
THE MUNICIPALSEWAGE SYSTEM
(8)
(b)
Where
an
owner
or
occupier
of premises
upon
which
an
industrial or
commercial
activity is proposed
or is carried
on wishes
to connect these
premises
to the sewer system they shall comply with subsection 6(c) herein.
Where an owner or occupier
intends to expand
an industrial or commercial
activity so that the quantity, biochemical oxygen demand
(B.O.D.), chemical
oxygen
demand
(C.O.D.), total suspended
solids
(T.S.S.)
concentration
or
(d)
(6)
grease
concentration
of the sewage will be increased,
they shall comply with
subsection 6(0) herein.
Except
as
provided
in» subsection
6(d),
the
owner
shall
supply
to the
Superintendent
plans and reports certified by a professional Engineer registered
in the Province of British Columbia indicating:
(i)
the proposed
or existing development
or addition, including flow schematic
drawing;
(ii)
the daily volumes and peak discharges;
(iii) the type of waste to be processed
or discharged;
(iv)
he anticipated B.O.D. and the amount of T.S.S. or grease;
(v)
he Ph factor and temperature of the waste water;
(vi)
he toxic chemicals contained in the waste water;
(vii)
he proposed pre-treatment,
including dimensions of the proposed facility;
(viii) he flow equalizing, screening and mixing facilities;
(ix)
he location of the samplingmanhole;
(x)
he monitoring equipment;
(xi) any other information deemed necessary
by the Superintendent, and
(xii)
hat itcomplies with Ministry of Environment regulations and guidelines.
The Superintendent
may deal with the application and make a decision thereon
with out the above information if in his opinion the nature of the application is
such that a decision can be properly made without such information.
Grease and oil interceptors or filters shall be installed as close to the source of
the material as practical and be provided upstream of the service connection on
private property for all food preparation
facilities including restaurants, canning
operations,
killing and processing
facilities. Such interceptors or filters shall be
so located as to be readily and easily accessible for cleaning and inspection. All
interceptors
should
be
maintained
by the
owner
at their
expense
in a
continuously
efficient operation
such
that all provisions
of this bylaw are
complied with at all times.
(T)
Grease, oil and sand interceptors shall be installed as close to the source of the
material as practical and be provided upstream
of the service connection on
private property for all vehicle repair, maintenance
establishments, and service
stations.
Interceptors willbe required for other types of industries or commercial
establishments
as appropriate for the proper handling of liquid waste containing
grease
in excessive
amounts or anyflammable wastes,
sand, grit or harmful
ingredients.
Such interceptors or filters shall be so located as to be readily and
easily
accessible
for cleaning
and
inspection.
All interceptors
should be
maintained by the owner at their expense
in a continuously efficient operation at
all times.
7. PROHIBITIONS
(8)
'(b)
(C)
No person shall do any work upon, or interfere in any way with the sewer
system unless specifically authorized to do so in writing by the Superintendent.
Nothing in the Bylaw shall be construed to permit the connection of surface or
ground water to the sewer system.
The connection either directly or indirectly
of roof leaders, foundation drains, sumps or any other collector of surface or
ground water is not permitted.
The owner of property who connects permits or
causes
to be connected,
any storm or surface or ground
water from his
premises
or property to the sewer shall be guilty of an infraction of this Bylaw
and shall rectify at their expense.
Prohibited wastes
-- No person shall discharge or permit to be discharged into
any pipe, main, conduit, manhole, street inlet, gutter or aperture
draining into
the sanitary sewer system:
(i)
Any gasoline,
benzene, naphtha,
alcohol, fuel, oil, solvents, acetone
or
flammable or explosive liquid, solid or gas.
(ii)
Any pesticides,
insecticides, herbicides
or fungicides
save
and
except chemicals contained in storm water emanating
from trees
or vegetation
treated
in accordance
with the
Integrated
Pest
Management Act [SBC 2003] CHAPTER 58 and regulations.
(iii) 'Any corrosive, noxious or malodorous
gas,
liquid, or substance
which
either alone or by interaction with other wastes, is capable of:
1/
creating a public nuisance or hazard to life;
2/
preventing human entry into a sewer or pump station; or,
3/
causing damage to the sewer system.
(iv) Radioactive
material
- except within such limits as are permitted by
license issued by the Atomic Energy of Canada Limited.
(v)
Any material from a cesspool.
(vi) Any solid or viscous substance
capable
of obstructing wastewater flow or
interfering with the
operation
of the
sewerage
system
or treatment
facilities.
These substances
include but are not limited to ashes, cinders,
grit, sand, mud, straw, grass clippings, insoluble shavings,
metal, glass,
rags,
feathers,
tar, asphalt,
creosote,
plastics, wood,
animal paunch
contents,
offal, blood, bones, meat trimmings and waste, fish or fowl
head, shrimp, crab or clam shells, fish sca|es,_entrai|s,
lard, mushrooms,
tallow, baking dough, chemical residues,
cannery or wine waste, bulk
solids, hair and fleshings, spent grain and hops, whole or ground food or
beverage
containers, garbage,
paint residues, cat box litter, slurries of
concrete, cement, lime or mortar.
(vii) Any storm water or uncontaminated wastewater into the sanitary sewer
system.
(viii) Any waste, liquid or material classified as a "Special Waste" pursuant to
the
provisions
of the ENVIRONMENTALMANAGEMENT ACT [SBC
2003] CHAPTER 53 and amendments
thereto.
8. DEMOLITIONOF BUILDINGS
(a)
When a building or structure within the Village is removed or demolished, it
shall be the duty of the owner or his agent to immediately apply to the Village
office for a permit to disconnect from the sewer system, at the property line.
The Superintendent
shall then cause
such disconnection
to be made and
forthwith plug the said disconnection at the property line.
The fee for such
disconnection shall be the fee as imposed in Schedule "A".
9. STOPPAGES
(a)
(i)
-
In the
event
of blockages,
or other
condition
which causes
the
interruption in the service connection, repairs shall be the responsibility of the
consumer.
If the consumer feels that such conditions are present
in the
Village's connection
pipe, and not in the consumer's
service connection, he
shall deposit with the Village a sum of money equal to the Superintendent's
estimate of the cost of excavation
and backfilling required, or sign a form of
responsibility pursuant to this clause.
(ii)
In the event thathe Village's connection pipe is faulty and is the cause of
the consumer's
complaint, the Village shall repair such faults and return
the deposit to the consumer.
If there is no fault found in the Village's
connection pipe, the consumer shall forfeit that portion of the deposit in
the amount equal
to the actual
cost
of the work, any surplus being
returned to the consumer.
The consumer shall have the right to inspect
the site of the excavation
by the Village and satisfy themselves as to the
condition of the service connection.
(b)
Should any sewer drain become stopped
or othenivise damaged and should
the owner fail to take the necessary steps to clear the stoppage
or repair the
damage,
the
Superintendent
may take
such
steps
as
he
may consider
necessary to unstop the sewer drain or repair the damage and the cost of this
work shall be deemed
to be a charge
for work or services
done, and the
provision(s) of Section 258 of the Community Charter shall apply.
10. SEPTIC TANKS AND TRUCK WASTE
(a)
Where, in the opinion of the Superintendent,
a service connection is incapable
of serving a parcel of land, no permit will be issued and no such connection
allowed; however, an adequate
septic
tank
service
may
be installed to
conform with the Subdivision Control Bylaw of the Village.
The septic tank
service may be used until such time as it becomes
a hazard in the opinion of
the Public Health Inspector, or an adequate
service is provided.
(b)
No person shall discharge or allow or cause to be discharged into a sewer or a
sewage facility any trucked waste unless:
(i)
they have with respect to the trucked waste outlined from Council or the
Chief Administrative Officer an authorization;
and
(ii)
the discharge
of the trucked waste is conducted at the sewage facilities
specifically set out in the authorization and strictly in accordance
with this
bylaw.
11. ACCESS
(a)
The
owner of any
building connected
to the sewer
system 'shall, at all
reasonable
times, allow, suffer and permit the Superintendent,
or any person
authorized by him for such purpose, to enter into and upon the owner's land
and premises for the purpose of inspecting the sewer drains and all apparatus
used in connection with the sewer system.
12. RATES
(a)
There shall be charged
against the owner of real property, where a sewer or
drain connection has been installed to such property, and where plumbing is
installed on the premises
located on such property and is connected
to the
sewer system, a sewer user fee as set forth in Schedule
"A"of this Bylaw.
(b)
Where multiple independent
users exist in what is commonly referred to as
Common Connection Line, the individual rates as defined in Schedule "A"of
this Bylaw shall be applicable whether or not an independent
sewer or drain
has been installedto the property.
13. BILLINGS
(a)
(b)
(0)
(Cl)
(e)
(i)
(f)
Every customer shall pay the applicable base fee and rates enumerated
in
Schedule "B"of this bylaw.
Every customer shall pay the rates set out in Schedule "B"four times yearly;
provided that in case of a new application for sewer service, the applicant shall
be allowed a reduction in rates for the then current year based on the part of
such billing period which has expired at the date of application.
Council by
resolution may vary the billing periods set out herein.
Any monthly rate remaining unpaid after 30 days shall be subject to a 10%
penalty.
Property owners shall be billed directly, unless they authorize the Village in
writing to invoice tenants provided that the owner remains responsible for the
payment of rates and penalties.
The following Home Occupations
shall be billed additional sewer
rates, in
accordance
with Schedule
"B"attached hereto and forming part of this bylaw,
upon approval of a Village of Lumby Business License:
Hairdressers,
Salon/Spa/Beauty
Services,
Health
services,
Daycares,
Catering/Food
and
/or
Food
Preparation
Services,
and
other
like
classifications
not hereinbefore
listed at the discretion of the Director of
Financial Services.
Basement suites whether legal ornot shall be considered
as a dwelling for
purposes
of determining userfees pursuant
to Schedule
"B". By virtue of the
Village invoicing an illegal suite does not therein indicate that the Village has
deemed the suite legal.
14. UNPAID BILLINGS
(8)
Any charges authorized by this Bylaw, which remain unpaid on December 31st
in the year in which they were imposed, shall form a charge or lien upon the
land or real property upon or in respect of which the same is-imposed, and the
provision(s) of Section 258 of the Community Charter shall apply
15. VACANT LAND
(a)
No levy for sewer
user fees
shall be made
in respect
of any vacant or
unoccupied
premises
where
water
service
to
the
property has
been
discontinued,
except any parcel, frontage or ad velorem tax that the Council
for the Village may from time to time impose for sewer purposes.
16. INTERRUPTION OF SERVICE
(a)
The Village shall not be liable for any interruption in or discontinuance of the
sewer system whether the fault or neglect is of the Village, or its servants,
agents or employees.
17. SEVERABILITY
(a)
The provisions of this Bylaw shall be severable.
Ifany provisions of this Bylaw
are for any reason held to be invalid by the decision of any Court of competent
jurisdiction,
such
decision
shall
not affect the
validity of the
remaining
provisions of this Bylaw.
18. PENALTIES
(a)
Every person who violates any of the provisions of his bylaw, or who suffers or
permits any act or thing to be done in contravention of this bylaw is liable on
summary conviction to a fine of not more that two thousand dollars ($2,000.00)
and costs (including the costs of the committal and conveyance to the place of
imprisonment)
for each
offence,
and
in default
of payment
therefore, to
imprisonment
of a term not exceeding
six months in jail. Each day that such
violation is permitted to continue shall be a separate
offence.
'
(b)
The fines and penalties payable in respect of a breach of this bylaw are set out
in Schedule
attached heretoand forming part of this bylaw.
19. DESIGNATION OF BYLAW ENFORCEMENT OFFICER
(a)
For the purposes
of this bylaw, the designated
Bylaw Enforcement Officer
means any of the following:
i)
Bylaw Enforcement Officeryfor
the Village
ii)
Superintendent
for the Village orhis designate
20. OTHER
(a)
That this bylaw comes into effect on January 1, 2010.
(b)
That the "LumbySewer Rates and Regulations Bylaw No. 654, 2006" and any
and all amendment bylaws thereto are hereby repealed.
(c)
That this bylaw be cited for all purposes
as the "Lumby Sewer
Rates and
Regulations Bylaw No. 701, 2009".
.
READA FIRST TIME this 7*"day of December, 2009
READ A SECOND TIME this 7"'day of December, 2009
READ A THIRDTIME this 7'"day of December, 2009
RECONSIDERED, FINNALLY READ AND ADOPTED this 2 i
day of December,
2009
75¢';//vé;
c?
Kevin Acton
Frank Kosa
Mayor
Chief Administrative Officer
Certified a true copy of the Lumby Sewer
Rates and Regulations
Bylaw No. 701,
2009, as adopted
December
Frank Kosa
Chief Administrative Officer