Sanitary Sewer Bylaw No. 735

McBride, British Columbia

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VILLAGE OF MCBRIDE SANITARY SEWER BYLAW NO. 735, 2013 "A TOWN ON TRACK" SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 2 Amending Bylaws to the Village of McBride Sanitary Sewer Bylaw No. 735, 2013 Description Amending Bylaw No. Amend Bylaw Adoption Date Amended to include the following under Section 3 - General Provisions: 3.5 Parcel Owners that are connected to the Sanitary Sewer System, or are capable of being connected to the Sanitary Sewer System, cannot opt out of the Sanitary Sewer Service, regardless of whether: a) Any building(s) situated on the parcel is used or unoccupied; b) The Owner or Occupant makes use of the Sanitary Sewer System; or c) The Sanitary Sewer System is interrupted or altered in any manner 3.6 A Parcel is deemed capable of being connected to the Sanitary Sewer System if the adjacent street, right of way, or easement has a public Sewer main which has sufficient capacity to provide Sanitary Sewer Service. If the Authorized Person determines that the public sanitary sewer main does not have sufficient capacity, Section 3.5 of this Bylaw does not apply. 3.7 An Owner of a vacant Parcel is not required to connect to the Sanitary Sewer System, but if capable of being connected to the Sanitary Sewer System as per 3.5 of this Bylaw, cannot opt out of fees associated with providing the Sanitary Sewer Service, as per the Fees and Charges Bylaw 773.2017 June 27th 2017 SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 3 THE CORPORATION OF THE VILLAGE OF MCBRIDE SANITARY SEWER BYLAW NO. 735, 2013 A Bylaw of the Corporation of the Village of McBride to establish a sanitary sewer service, and to regulate, prohibit and impose requirements in relation to that service. WHEREAS, the Community Charter enables the Village to provide a sanitary sewer service that the Council considers necessary or desirable; AND WHEREAS the Community Charter enables the Council to, by bylaw, regulate, prohibit and impose requirements in relation to a sanitary sewer service; AND WHEREAS the Village has constructed and is operating and maintaining a sanitary sewer system on a self-liquidating basis in a manner responsive to community needs; NOW THEREFORE the Council of the Corporation of the Village of McBride, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 - CITATION 1.1 This Bylaw may be cited as the "Village of McBride Sanitary Sewer Bylaw No. 735, 2013". PART 2 - DEFINITIONS 2.1 Unless otherwise defined herein, all words and phrases in this Bylaw shall have the meaning given to them in the Local Government Act and the Community Charter. In this Bylaw: "Applicant" means the Owner or a representative of the Owner duly authorized in writing to act on the Owner's behalf in relation to the application; "Authorized Person" means the Chief Administrative Officer of the Village or a person designated in writing, electronic or hardcopy, by the Chief Administrative Officer to carry out any act or function under this Bylaw; "Backflow Prevention Device" means an assembly that allows flow in one direction and prevents flow from going backwards in the opposite direction, used to prevent contamination due to back pressure; "Building Sewer Service" means all private and on-site works connecting a Sanitary Sewer Connection to a building or structure; "Council" means the elected officials of the Village; "Duplex" means a structure that contains only two dwelling units but does not include a structure containing strata title units; SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 4 "Interceptor" means a receptacle that is designed and installed to prevent oil, grease, sand or other materials from passing into a drainage system; "Land Title Office" means the land registry office for the Province of British Columbia; "Owner" has the meaning given by the Community Charter, as amended from time to time; "Parcel" has the meaning given by the Community Charter, as amended from time to time; "Professional Engineer" means a person who is registered or licensed under the provisions of the Engineers and Geoscientists Act; "Qualified Professional" means a Professional Engineer, geoscientist, architect, biologist, planner or other professional with experience relevant to the applicable matter, as determined by the Authorized Person; "Real Property" has the meaning given by the Community Charter, as amended from time to time; "Sanitary Sewer Connection" means a pipe, protective boxes, connections, thaw wires, and any other material necessary to connect the sanitary sewer main to a building service; "Sanitary Sewer Service" means sanitary sewer service to individual Real Property connected to the Sanitary Sewer System; "Sanitary Sewer System" means the sanitary sewer collection, storage, pumping and treatment facilities, and distribution system; "Specified Area" means the specified area shown on the map attached hereto as Schedule "B"; "Village" means the Corporation of the Village of McBride; and "Waste" has the meaning given by the Environmental Management Act, as amended from time to time; and PART 3 - GENERAL PROVISIONS 3.1 This Bylaw applies to the Sanitary Sewer System. 3.2 Words in this Bylaw directing or empowering any officer or employee of the Village to do any act or thing, or to otherwise applying to him by name of office, include his successors in such office and his lawful deputy, and any person the Council may from time to time by bylaw or resolution designate to act in his place. 3.3 Officers and employees of the Village may enter on or into Real Property, and use Real Property in accordance with the authority under the Community Charter. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 5 3.4 Whenever in this Bylaw an Authorized Person is empowered to approve, authorize, designate, permit or allow any act or thing, such approval, authorization, designating, permitting or allowing must be evidenced in writing, signed by the Authorized Person, before it is effective. To the extent that an Authorized Person is empowered to do anything or to act under this Bylaw, such authority is delegated to the Authorized Person. 3.5 Parcel Owners that are connected to the Sanitary Sewer System, or are capable of being connected to the Sanitary Sewer System, cannot opt out of the Sanitary Sewer Service, regardless of whether: d) Any building(s) situated on the parcel is used or unoccupied; e) The Owner or Occupant makes use of the Sanitary Sewer System; or f) The Sanitary Sewer System is interrupted or altered in any manner 3.6 A Parcel is deemed capable of being connected to the Sanitary Sewer System if the adjacent street, right of way, or easement has a public Sewer main which has sufficient capacity to provide Sanitary Sewer Service. If the Authorized Person determines that the public sanitary sewer main does not have sufficient capacity, Section 3.5 of this Bylaw does not apply. 3.7 An Owner of a vacant Parcel is not required to connect to the Sanitary Sewer System, but if capable of being connected to the Sanitary Sewer System as per 3.5 of this Bylaw, cannot opt out of fees associated with providing the Sanitary Sewer Service, as per the Fees and Charges Bylaw PART 4 - ESTABLISHING THE SERVICE 4.1 The Village hereby establishes the service of providing a Sanitary Sewer System within the Specified Area and operating, constructing, maintaining and regulating the Sanitary Sewer System. PART 5 - CONDITIONS OF A SANITARY SEWER CONNECTION 5.1 It is a term and condition of every Sanitary Sewer Connection permit that: (a) the Owner agrees not to make any claims, to sue or commence an action against the Village for any injury, loss, expense or damage to person or Real Property or for economic loss arising directly or indirectly from the use of the Sanitary Sewer System except where the same are the result of gross negligence of the Village; (b) where there is a violation of this Bylaw or of any terms or conditions of a permit, the Authorized Person may suspend the permit and Sanitary Sewer Service to an Owner or occupier of Real Property on 30 days written notice; (c) every Owner must: (i) maintain the Sanitary Sewer System located on their Real Property in good condition free of leaks; and (ii) pay all rates, fees and charges required by the Village of McBride Fees and Charges Bylaw, as amended from time to time, when due; and (d) the Authorized Person may, in the event of an emergency or apprehended emergency as reasonably determined, enter onto Real Property or into buildings or structures authorized to be connected under a Sanitary Sewer Connection permit in order to take such steps necessary to prevent, reduce or mitigate any risk to the Sanitary Sewer System. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 6 PART 6 - SANITARY SEWER CONNECTION PERMIT 6.1 Permit Application 6.1.1 An Applicant who applies for the issue of a Sanitary Sewer Connection permit shall complete an application and submit it to the Authorized Person. 6.1.2 Application fees and connection fees in accordance with the Village of McBride Fees and Charges Bylaw, as amended from time to time, are payable to the Village at the time of application submission. Review of the application may only proceed when fees have been paid in full. 6.1.3 The Applicant must provide the following information, at the Applicant's expense, to the Authorized Person at the time of application submission, except to the extent that the Authorized Person determines that the provision of the information is not required to assist the Council or the Authorized Person in their consideration of the application: (a) name, address and signature of the Owner; (b) name, address and signature of the Applicant, if different from the Owner; (c) legal description of the Parcel; (d) civic address of the Parcel; (e) legal title search of the Parcel dated the same day as the application; (f) if the Parcel is owned by a corporation a legal corporate search of the corporation dated the same day as the application; (g) copies of all relevant charges registered on the legal title of the Parcel; (h) existing and proposed use of the land, buildings and structures on the Parcel; (i) proposed size and location of the Sanitary Sewer Connection requested; (j) existing and proposed number of dwelling units, rooms, or beds on the Parcel as applicable; and (k) any additional information the Authorized Person determines is required to assist the Council or the Authorized Person in their consideration of the application. 6.2 Permit Terms and Conditions 6.2.1 The Authorized Person may impose terms and conditions that must be met for obtaining or continuing to hold a Sanitary Sewer Connection permit, respecting the following matters: (a) the design and construction of the Sanitary Sewer Connection; and (b) inspection during construction of the Sanitary Sewer Connection by the Authorized Person or any authorized Village representative; 6.3 Delegation & Council Reconsideration 6.3.1 Council delegates to the Authorized Person the powers of Council to grant, amend, refuse, suspend, cancel and impose terms and conditions that must be met for obtaining or continuing to hold a Sanitary Sewer Connection permit. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 7 6.3.2 Within 30 days of the Authorized Person's decision to grant, amend, refuse, suspend, cancel and impose terms and conditions that must be met for obtaining or continuing to hold a Sanitary Sewer Connection permit, the Applicant may request that Council reconsider the decision subject to the following: (a) the request shall be in writing, and include reasons in support of the reconsideration; (b) upon receipt of a complete written request for Council's reconsideration, the Authorized Person shall prepare and forward a report to Council attaching the application and setting out the reasons for the decision; (c) at a date and time set by Council the Applicant shall have the opportunity to appear before Council and be heard regarding the decision of the Authorized Person; and (d) following this, Council shall reconsider the decision of the Authorized Person and either uphold the decision or substitute the Council's decision for the Authorized Person's. 6.4 Security 6.4.1 Council delegates to the Authorized Person the powers of Council to require security as a condition of the issue of a Sanitary Sewer Connection permit. 6.4.2 The Authorized Person may require that the Applicant provide security based on a complete construction cost estimate from a Qualified Professional in an amount equal to 120% of the estimated cost to: (a) construct a Sanitary Sewer Connection; (b) restore any works to their condition prior to the construction of the Sanitary Sewer Connection; (c) correct an unsafe condition; and (d) correct damage to the environment. 6.4.3 The Authorized Person may require that the Applicant provide security in an amount stated in the permit, by whichever of the following the Applicant chooses: (a) irrevocable and automatically renewable letter of credit; (b) cash; or (c) certified cheque. 6.5 Sanitary Sewer Connection Permit Form 6.5.1 The form of a Sanitary Sewer Connection permit may be substantially the same as Schedule "A" as applicable. PART 7 - SANITARY SEWER CONNECTION STANDARDS AND SPECIFICATIONS 7.1 Individual Connections 7.1.1 Each Parcel within the Specified Area shall have its own Sanitary Sewer Connection. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 8 7.1.2 Each dwelling unit in a Duplex within the Specified Area shall have a separate Sanitary Sewer Connection. 7.2 Connection Location 7.2.1 Where reasonably possible, the Sanitary Sewer Connection will be installed at the location requested by the Applicant. In the event the Applicant's preferred location is not practicable due to the existence of installed surface improvements or is in conflict with installed underground utilities, the Authorized Person shall designate the location of the Sanitary Sewer Connection. 7.3 Size and Length of Connection 7.3.1 The minimum nominal diameter of a Sanitary Sewer Connection shall be 100 millimeters. The size of the Sanitary Sewer Connection for any premises shall be approved by the Authorized Person. The requested Sanitary Sewer Connection must not exceed the available capacity as determined by the Authorized Person of the Sanitary Sewer System. 7.3.2 The maximum length of a Sanitary Sewer Connection is 20 metres. If the length of the Sanitary Sewer Connection is longer than 20 metres such connection shall be considered a distribution system extension as defined in Part 11. 7.4 Depth of Connection 7.4.1 The minimum depth of the Sanitary Sewer Connection below finished ground elevation shall be 2.5 metres unless otherwise allowed by the Authorized Person. 7.5 Maintenance of Connection 7.5.1 In the event a defect is suspected in the Sanitary Sewer Connection or Sanitary Sewer System located on the affected Real Property, the Village will, as soon as practicable determine if the defect exists in the Sanitary Sewer Connection. If the defect is determined to be located in the Sanitary Sewer Connection, the Village shall repair the defect at no cost to the Owner. If the defect is determined to be located in the Sanitary Sewer System located on the affected Real Property, the defect shall be repaired by the Owner at no cost to the Village. 7.6 Connections Prior to Paving 7.6.1 Where street surface improvements are scheduled for installation by the Village, the Authorized Person may order a Sanitary Sewer Connection to be installed to any unserviced property abutting such street served by the Sanitary Sewer system, regardless of whether or not any improvement is constructed on the property or any application is made by the Owner. Where a Sanitary Sewer Connection is installed under this section, a connection fee as provided in the Village of McBride Fees and Charges, as amended from time to time, shall be levied against the property. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 9 PART 8 - SANITARY SEWER SYSTEM SERVICES 8.1 Building Bylaw 8.1.1 After reviewing the proposed development and site services layout, the Authorized Person may approve the installation of a Sanitary Sewer Connection. Property Sanitary Sewer System shall be installed in accordance with the British Columbia Building Code, and Village's Building Bylaw, as amended from time to time, approved by the Authorized Person and shall be constructed at the expense of the Owner. The Village may install that portion of the property Sanitary Sewer System between the curb stop and property line. Any fittings required to join the Village's pipe to the Applicant's building shall be the Owner's responsibility. 8.2 Maintenance 8.2.1 The Sanitary Sewer System located on Real Property shall be maintained at the sole expense of the Owner of that Real Property including any portion that is installed by the Village. In the event any defect is discovered in the Sanitary Sewer System located on the affected Real Property, the Owner shall repair the defect as directed to do so by the Authorized Person. 8.2.2 In the event the property Owner refuses or neglects to carry out repairs within the specified time, the Authorized Person may, by Village workers or others, have the work done at the expense of the Owner. Any unpaid charges will be dealt with pursuant to Section 10.2.1 8.3 Abandonment 8.3.1 When any Sanitary Sewer Service is to be abandoned, the Owner shall notify the Village and the Authorized Person shall arrange to disconnect the Sanitary Sewer Connection at the junction with the main. The Owner shall pay the abandonment fee specified in the Village of McBride Fees and Charges Bylaw, as amended from time to time. 8.4 Alternate Sanitary Sewer System 8.4.1 In the event an Owner has an alternate or on-site sanitary sewer system other than a Sanitary Sewer Connection, the Owner shall not connect, or allow to be connected, any portion of the alternate or on-site sanitary sewer system to the Sanitary Sewer System. PART 9 - SYSTEM EXTENSIONS 9.1 Extension Application 9.1.1 All applications for Sanitary Sewer System extensions pursuant to Section 9.1.2 shall be made in writing to the Authorized Person. All costs for the extension are the responsibility of the Applicant unless otherwise agreed to by the Authorized Person. 9.1.2 Where extension of the Sanitary Sewer System or Sanitary Sewer Connections are SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 10 requested or proposed to service Real Property outside the Specified Area, the Applicant shall request in writing to the Authorized Person an amendment to Schedule "B" to expand the Specified Area. The Authorized Person, after review of the request and consideration of the adequacy of the Sanitary Sewer System to provide Sanitary Sewer System services to the Real Property, may proceed to request Council's consideration and approval to permit expansion of the Specified Area. 9.1.3 Extension of the Sanitary Sewer System and Sanitary Sewer Connections outside the Village boundaries is not permitted unless the approvals are granted in accordance with the Community Charter. 9.2 Excess or Extended Capacity 9.2.1 In the event an Applicant wishes to proceed with a Sanitary Sewer System extension, the Authorized Person may approve the extension. The Authorized Person may include requirements for the provision of excess or extended capacity to be provided in the extension over and above that applied for as a condition of a permit. Extended Services and latecomer charges arising from extensions to the distribution systems under this Section shall be paid for in accordance with the Local Government Act. 9.3 Extension Size 9.3.1 Where the distribution system is extended, the minimum nominal diameter of the pipe shall be 100 millimetres unless otherwise specified by the Authorized Person. PART 10 - FEES AND CHARGES 10.1 Fees and Charges 10.1.1 The Owner or occupier of Real Property shall pay, in addition to all other rates, charges and fees for the use of the Sanitary Sewer System the amounts specified in the Village of McBride Fees and Charges Bylaw, as amended from time to time. 10.2 Delinquent Fees and Charges 10.2.1 Pursuant to the Community Charter, unpaid rates, charges and fees may be collected in the same manner and with the same remedies as property taxes. PART 11 - SANITARY SEWER SERVICE DISCONTINUANCE 11.1.1 After providing reasonable notice to the persons affected, and in relation to a discontinuance under subsection 11.1.1(b), an opportunity for the persons affected to make representations to Council, the Village may discontinue providing Sanitary Sewer Service to a specific Real Property or persons: (a) because of unpaid fees or taxes in relation to the Sanitary Sewer Service; or (b) because of non-compliance with the rules established by this Bylaw or by contract respecting the use of the Sanitary Sewer Service. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 11 11.1.2 Reasonable notice shall include a letter that states the lands which are the subject of the notice, in general terms the purpose of the notice, and the Authorised Person's contact information, which is mailed or otherwise delivered to an Owner, as shown on the land title search at the date the notice is prepared. PART 12 - INSPECTION 12.1 Right of Entry 12.1.1 The Owner or occupier of every premises shall, at all reasonable times, allow and Permit the Authorized Person to enter into or upon Real Property for the purpose of inspecting Real Property and inspecting and testing the Sanitary Sewer System in order to ascertain whether or not the provisions of this Bylaw are being complied with. Part 13- OFFENCE AND PENALTY 13.1 Offense 13.1.1 No person shall interfere with or obstruct the entry of the Authorized Person or any authorized Village representative onto Real Property or into any building or structure to which entry is made or attempted. 13.1.2 No person shall use the Sanitary Sewer System, or construct, remove, add to or alter the Sanitary Sewer System in a manner that is contrary to the provisions of this Bylaw. 13.1.3 No person shall use the Sanitary Sewer System, or construct, remove, add to or alter the Sanitary Sewer System unless the Owner holds a valid and subsisting Sanitary Sewer Connection permit issued by Council or the Authorized Person that allows such use or allows such person to construct, remove, add to or alter the Sanitary Sewer System in the manner contemplated by the Permit. 13.1.4 No person shall use the Sanitary Sewer System, or construct, remove, add to or alter the Sanitary Sewer System in a manner that is contrary to the terms and conditions of a Sanitary Sewer Connection permit issued by Council or the Authorized Person. 13.1.5 Where required by the Authorized Person, no person shall fail to install and maintain an interceptor required under this Bylaw. 13.1.6 No person may discharge or permit the discharge of Waste or other substances or the substances described in Schedule "C" into the Sanitary Sewer System. 13.1.7 No person may cause or permit the obstruction of the function of the Sanitary Sewer System. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 12 13.2 Penalty 13.2.1 Any person contravening or committing any breach of or committing any offence against any provision of this Bylaw or who suffers or permits any act or thing to be done in contravention of or in violation of any of the provisions of this Bylaw or refuses, omits, or neglects to fulfill, observe, carry out or perform any duty, obligation, matter or thing whatsoever by this Bylaw prescribed or imposed or required to be done is liable, on summary conviction, to a fine not less than $2,000.00 and not exceeding $10,000.00, and the cost of prosecution; and each day during which any violation, contravention or breach shall continue shall be deemed a separate offence. PART 14 - SEVERABILITY 14.1 If any section, subsection, clause, sub-clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, that section, subsection, clause, sub-clause or phrase shall be struck from the Bylaw and any decision shall not affect the validity of the remaining portions of this Bylaw. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 13 Part 15 - REPEAL 15.1 "Village of McBride Sewer Rates and Regulation Bylaw No. 614, 2001" and all its amendments are repealed. READ A FIRST TIME this 26 day of November , 2013. READ A SECOND TIME this 26 day of November , 2013. READ A THIRD TIME this 26 day of November , 2013. All three readings passed by a unanimous decision of Members of Village Council present and eligible to vote. ADOPTED THIS THE 11 DAY OF FEBRUARY , 2014, BY A UNANIMOUS DECISION OF ALL MEMBERS OF COUNCIL PRESENT AND ELIGIBLE TO VOTE. MAYOR__________________ ADMINISTRATOR ___________________ Certified a true copy of the "Village of McBride Sanitary Sewer Bylaw No. 735, 2013" as adopted. _______________________ Corporate Officer SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 14 SCHEDULE "A" SANITARY SEWER SYSTEM PERMIT APPLICATION SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 15 SCHEDULE "B" SANITARY SEWER SYSTEM SPECIFIED AREA MAP SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 16 SCHEDULE "C" SANITARY SEWER SYSTEM RESTRICTED SUBSTANCES No person may discharge or permit to be discharged into any pipe, main, conduit, manhole, street inlet, gutter or aperture draining into the Sanitary Sewer System: a) Flammable or Explosive Materials: flammable liquids, solids or gaseous substances capable of causing, contributing to explosion or supporting combustion in any sewerage facilities, including but not limited to gasoline, benzene, naphtha, alcohol, fuel oil, solvents or acetone; b) Substances that can cause Obstruction: any solid or viscous substance or particulates in quantities, either by itself or in combination with other wastes, that are capable of obstruction of flow or of interfering with the operation or performance of sewer works or treatment facilities; c) Gaseous producing substances: any gas or substance that either by itself or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to the Sanitary Sewer System; d) Corrosive substances: any gas or substance that either by itself or by interaction with other waste may cause corrosive structural damage to the Sanitary Sewer System; e) Toxic waste: any sewage, waters, or wastes containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process, or constitute a hazard to humans or animals, or create any hazard in the receiving waters of the effluent from sewage works or sewage treatment plant; f) High Temperature: heat in amounts that result in an interference in the treatment process or of preventing entry by authorized personnel to pump stations or sewerage facilities, and this prohibition includes but is not limited to heat in such quantities that the temperature of the treatment works influent exceeds 40°C (104°F) or the temperature exceeds 65°C (150°F) at the point of discharge from the industrial source to the Sanitary Sewer System; g) High Strength Wastes: any water or wastes containing higher than ordinary concentrations or quantities of conventional pollutants, including but not limited to biochemical oxygen demanding pollutants, suspended solids, pH and fecal material, may be required to discharge at a specific release rate or at a specified strength if the release of such a waste in an uncontrolled manner could adversely affect proper handling and treatment in the Sanitary Sewer System; h) Unpolluted water: any storm waters, surface water, ground water, roof runoff or surface drainage; any industrial cooling water; any water from air conditioning, cooling or condensing systems; i) Construction Dewatering Waste: any waters or wastes generated during construction activities which may include but not be limited to contaminated storm , surface water or groundwater and wells constructed for the purpose of lowering the groundwater table unless specifically authorized by the Authorized Person; j) Excessive Foaming Waste: detergents, surface-active agents, or other substances that SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 17 may cause excessive foaming in the Sanitary Sewer System; k) Special Waste: any waste, liquid or material classified as a "Special Waste" pursuant to the provisions and regulations of the Provincial Waste Management Act, as amended; l) Septic Tank Waste: sludge or deposit contained in septic tanks that have been or are to be decommissioned upon connection being made from the premises where a septic tank exists to a Sanitary Sewer Connection; m) Odorous Wastes: any noxious or malodorous substance in any quantity capable of creating a nuisance; n) Food Waste: any food waste containing particles larger than 0.5 centimetres in any direction; o) Radioactive Waste: any radioactive waste or sewage that, at the point of discharge into the Sanitary Sewer System, exceeds the recent radioactivity limitations established by the Atomic Energy Control Board of Canada; p) pH Waste: any non-domestic waste, which, at the point of discharge into the Sanitary Sewer System, has a pH lower than 5.0 or higher than 9.5 as determined by a grab sample of the discharge; q) Specified Waste: any non-domestic waste which, at the point of discharge into the Sanitary Sewer System, contains any substance, in a combined or uncombined form, with a concentration in excess of the levels set out in the table below; all concentrations are expressed as total concentrations, which include both the dissolved and undissolved substances. SANITARY SEWER BYLAW NO. 735, 2013. Sanitary Sewer Bylaw No. 735 18