Sanitary Sewer System Regulation Bylaw No. 1164 (Consolidated 2023) — full text

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D I S T R I C T O F N O R T H S A A N I C H B Y L A W N O. 1 1 6 4 CONSOLIDATED FOR CONVENIENCE ONLY A BYLAW TO REGULATE THE SANITARY SEWER SYSTEM OF THE DISTRICT AND TO IMPOSE FEES AND RATES FOR THE USE OF THE SANITARY SEWER SYSTEM The amending bylaw which has been consolidated into "North Saanich Sanitary Sewer System Regulation Bylaw No. 1524 (2021)": 1524, 1542, 1563 as of August 2023 DISTRICT OF NORTH SAANICH BYLAW NO. 1164 A Bylaw to Regulate the Sanitary Sewer System of the District and to Impose Fees and Rates for the Use of the Sanitary Sewer System. WHEREAS the District of North Saanich has constructed and is operating and maintaining a sanitary sewer system for the benefit of the residents of the Municipality; AND WHEREAS that all lands or real properties within the sewer local service areas of the Municipality which require connecting to and servicing by the sewer system should be so served and connected as soon as possible; AND WHEREAS it is necessary from time to time to extend said sanitary sewer system to provide service to other residents within the sewer local service areas of the Municipality; AND WHEREAS it is necessary for the District of North Saanich to regulate the connections to and extensions of the sanitary Sewer System within the sewer local service areas and provide for the imposition of fees and rates in relation to the sanitary Sewer System; THEREFORE BE IT RESOLVED THAT the Municipal Council of the District of North Saanich, in open meeting assembled, enacts as follows: PART 1.0 INTERPRETATION Definitions and Interpretation 1.1 In this bylaw, unless the context otherwise requires: "Applicant" means an Owner or his or her agent making an application for a service connection to the Owner's property. "B.O.D." (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Celsius expressed in parts per million by weight. "Building Inspector" means the Building Inspector of the Municipality or his or her duly authorized representative. "Building Sewer" means the sanitary sewer system pipe and all attached appurtenances installed, owned and maintained by the Owner connecting the service connection at the property line of the property to the plumbing system of the building located on the property. "Capable of Connection" means that a parcel of land within a sewer local service area, abuts a street, lane, Municipal statutory right-of-way or Municipal easement upon or under which there is a sewer main. "Council" means the Municipal Council of the Municipality. "Extension" means the extension of the sanitary sewer system within the sewer local service areas of the municipality. "Garbage" means solid waste from the preparation, cooking and dispensing of food or from the handling, storage and sale of meat and produce. "Municipal" and "Municipality" means the District of North Saanich. "Municipal Engineer" means the Director of Infrastructure Services, or his or her duly authorized representative. "Owner" means the Owner of real property within the Municipal boundary of the District of North Saanich. "Prohibited Waste and Restricted Waste" means waste referred to in Schedules "C" and "D" of this Bylaw. "Properly Ground Garbage" means the waste from the preparation, cooking and dispensing of food, ground to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sanitary sewer systems. "Sanitary Sewer System" means all sanitary sewer system works and all attached appurtenances owned and operated by the Municipality, including sewers, sewer mains, service connections, pumping stations, Sewage treatment facility and sewer outfalls laid within any highway, Municipal statutory right-of-way, easement benefiting Municipal land or Municipal land. "Service" means the service provided by the sanitary sewer system to property within a sewer local service area of the municipality. "Service Connection" means the sewer pipe extending from the sewer main to the property line of the property connected to or to be connected to the sanitary sewer system. "Sewage" means water carried wastes from residences, buildings, businesses, institutions and industrial establishments. "Sewer Local Service Areas" means those parcels of land that have been designated by bylaw, as participating in the service of sanitary sewer system. "Sewer Main" means the large sewer pipe part of the sanitary sewer system, to which the service connection is connected. Application 1.2 This Bylaw applies within that part of the municipality located within a sewer local service area. PART 2.0 USE OF SANITARY SEWER SYSTEM Illegal Service Connections 2.1 No person shall connect or attempt to connect, or allow to be connected, or allow to remain connected to the sanitary sewer system any property or building otherwise than in accordance with the provisions of this Bylaw. Service Connection Application 2.2 Each service connection application for service connection shall be made to the Municipality by the Applicant in the form prescribed by Schedule "A" attached to and forming part of this Bylaw. 2.3 Upon making a service connection application the Applicant shall pay to the Municipality the service connection fee as prescribed on Schedule "B" attached to and forming part of this Bylaw. 2.4 If a service connection is practicable, the Municipal Engineer will, within ninety (90) days, weather permitting, provide and install a service connection to the Applicant's property. 2.5 If a service connection under this section is not practicable, the Municipal Engineer shall notify the Applicant within sixty (60) days of the service connection application and the Municipality shall refund the charges and fees paid by the Applicant. Individual Connections 2.6 The Owner of property Capable of Connection upon which is located an occupied building or structure shall connect or cause to be connected the building or structure to the Service Connection within a time period specified in a written notice from the Municipal Engineer. 2.7 Each property Capable of Connection shall have its own service connection which shall be installed by the Municipality or approved designate. 2.8 Where two or more buildings exist on one parcel, only one (1) set of service connections to the property line will be permitted. Where such parcel can be further subdivided, in the discretion of the Municipal Engineer, each building may be provided with an individual set of service connections to the property line. Service Connection Location 2.9 Where possible, the service connection shall be located at the location requested by the Applicant. 2.10 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 Municipal Engineer shall designate the location of each service connection. Service Connection Size 2.11 Service connections shall be sized based on the intended land use of the property serviced and shall meet the current Municipal standards and specifications as prescribed in the applicable bylaw. In no case however shall the gravity service size be less than 100mm in diameter. A pumped service connection will be sized in accordance with the recommendations of a Professional Engineer. Compulsory Service Connections 2.12 The Municipal Engineer may require that a service connection be installed to any building that is Capable of Connection. 2.13 The service connection fee as provided in Schedule "B" shall be then levied against the property and such cost shall be recovered in accordance with the provisions of this Bylaw and the Community Charter. Tampering with Sanitary Sewer Systems 2.14 No person shall make any service connection whatsoever to the sanitary sewer system, or in any way tamper with the sanitary sewer system without first obtaining written permission of the Municipal Engineer. 2.15 No person shall discharge, deposit, throw, cause, allow, or permit to be discharged, deposited or thrown into any sewer, plumbing fixtures connected to the sanitary sewer system, drain, manhole, inspection chamber or any other part of the sanitary sewer system, any substance of any kind whatsoever tending to obstruct or injure the sewer works or to cause any nuisance, or which will in any manner interfere with the proper functioning, maintenance or repair of the said sanitary sewer system. 2.16 No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, mar or tamper with any of the sanitary sewer system or appurtenances attached thereto. Prohibited Waste & Restricted Waste 2.17 No person shall discharge or cause or allow to be discharged into any sanitary sewer system any of the following Prohibited Waste and Restricted Waste: (a) Any storm waters, surface water, ground water, roof run off or surface drainage, and no person shall connect to any sanitary sewer system any roof leaders, foundation drains, sump or other collectors of surface water. (b) Any sludge or residue from a septic tank or treatment plant. (c) Any prohibited waste as provided in Schedule "C". (d) Any restricted waste as provided in Schedule "D". Disconnection 2.18 Any person who owns or occupies a building or property connected to a service connection that has failed to pay the prescribed fees or charges imposed under this Bylaw, or is in violation of any rule established by this Bylaw, may have the service connection discontinued, stopped up and closed at the direction of the Municipal Engineer at the cost of the Owner of the property. 2.19 The notice to an Owner under section 2.18 shall be sent to the Owner by registered mail and shall be deemed to have been received five (5) days after mailing. 2.20 If the service connection is to be discontinued, stopped up and closed because the Owner or occupier has not complied with the rules established in this Bylaw, that person will have an opportunity to make representations to Council. Backflow Preventative Devices 2.21 All new Building Sewer installations shall include an approved backflow preventative device in accordance with the current Building Code and installed at a location suitable to the Building Inspector. Comply With Other Enactments 2.22 Nothing in this Bylaw relieves an Owner from compliance with all other applicable Federal, Provincial and local government enactments applicable to the discharge of Sewage. PART 3.0 SANITARY SEWER SYSTEM EXTENSIONS Extension Applications 3.1 All applications for sanitary sewer system extensions shall be made in writing to the Municipal Engineer by the Owner of the property or his or her agent to be served by such sanitary sewer system extensions. Such extensions shall be completed at the full cost of the Applicant and/or Owner. Extension Limits 3.2 Where a sanitary sewer system is extended, the extension shall satisfy current Municipal requirements governing such extensions and shall be extended to a point opposite the furthest boundary of the last parcel of land to be served by the said extension. Council Authority 3.3 Sanitary sewer system extensions that require an amendment to a local area service bylaw are subject to approval of Council. PART 4.0 BUILDING SEWERS Building Bylaw 4.1 Building sewers shall be installed in accordance with the most recent edition of the Municipal Building Bylaw, B.C. Plumbing Code and B.C. Building Code and shall be constructed at the full cost of the Owner. 4.2 The Owner or Applicant shall obtain approval of the Building Inspector prior to connection of the building sewer to the service connection at the property line. 4.3 The building sewer shall be maintained by the property Owner at his or her sole expense. Blockages 4.4 Blockages of any Building Sewer and the extension of that service to the sanitary sewer system shall be deemed to have been caused by the upstream user, and responsibility for clearance of that blockage lies with the Owner. All work clearing blockages within a highway or municipal right of way will be done by municipal works crews. 4.5 Blockages caused by roots of trees or bushes, caused by retaining structures, or the neglect of the Owner shall be the responsibility of the Owner. The Municipal Engineer or designated representative shall, in consultation with the Owner, determine the cause of the blockage if located on Municipal right-of-way. 4.6 The Municipal Engineer will determine if cost sharing is applicable. Abandonment 4.7 When any Building Sewer is abandoned, the Owner or his or her agent shall notify the Municipal Engineer and the Owner shall effectively block up the Building Sewer at a suitable location at or near the connection point of the Building Sewer and service connections with an approved water-tight seal. The municipal works crews will abandon the inspection chamber and plug the connection at the sewer main at the owner's cost calculated in accordance with Schedule "B". Connection to Service Connection 4.8 In all cases, the service connection shall be installed by the Municipality or its approved designate prior to the installation of the Building Sewer and connection of the building sewer to the service connection by the Owner. The Municipality or its approved designate shall not be responsible to meet the elevation or connect to an existing Building Sewer installed by the Owner prior to installation of the service connections. Decommission of Septic and Treatment Systems 4.9 Within thirty (30) days of the completion of a sanitary sewer service connection, an existing septic tank or treatment systems and any appurtenances on the property shall be removed or shall be completely pumped out, have the bottom of the tank or tanks compromised to prevent the accumulation of water and filled with sand or gravel to the satisfaction of the Building Inspector. The septic tank pumpage shall be disposed of in an approved manner. Service Depth 4.10 The minimum depth of the service connection at the property line shall meet current Municipal standards and specifications for such work. 4.11 Where possible, the service connection shall be installed with sufficient depth to provide natural drainage from the lowest floor of any building or structure except where natural drainage is impractical due to relative elevation of the sewer and the lowest floor of the building or structure. PART 5.0 CHARGES FOR SERVICES Service Connection Fee 5.1 The Owner or his or her agent shall, at the time of making an application for a service connection, pay to the Municipality the applicable fees prescribed in Schedule B attached to and forming part of this Bylaw. 5.2 For service connections installed at cost, the Owner will be required to deposit with the Municipality a sum equal to 120% of the installation costs estimated by the Municipality. The Municipality will refund any surplus funds remaining after said works have been completed. 5.3 The service connection fee deposited in accordance with the provisions of this Bylaw does not cover the costs of any works located on the property of the Owner, except as to the inspection of the Owner's sewer connection. Yearly Operation and Maintenance Charges 5,4 The Owner shall pay to the Municipality, operation and maintenance charges for the provision of sanitary sewer system, the applicable charges prescribed in Schedule B attached to and forming part of this Bylaw. Fee Added To Taxes 5.5 Service connection fees and charges not paid on or before the thirty-first day of December in any year shall be deemed to be taxes in arrears in respect of the parcels subject to the sewer user rates and shall forthwith be entered on the Real Property Tax Roll by the Collector as taxes in arrears. PART 6.0 INSPECTION Right of Entry 6.1 The Municipal Engineer or the Building Inspector are authorized under and in accordance with section 16 of the Community Charter to enter into or upon lands and premises for the purpose of inspecting the premises and sewer pipes, drains, fixtures and any other apparatus used in connection with such service connection or plumbing system and to observe, measure, sample and test the quantity and nature of sewage being discharged into the Sanitary sewer system in order to ascertain whether of not the provisions of this Bylaw are being observed. Inspection 6.2 Building sewers shall be inspected and approved by the Building Inspector prior to them being connected to the service connection. 6.3 All Building Sewers from houses and other buildings shall be installed by and at the cost of the Owner. 6.4 When the Owner has completed the installation of his building sewer, but before the same has been back-filled, he or she shall inform the Building Inspector that the installation is complete, and the Building Inspector or authorized designate shall forthwith make an inspection of the work. The back-filling of the building sewer shall not be commenced until the Building Inspector has signified in writing that the materials and workmanship employed are to his satisfaction and that the pertinent Sections of this Bylaw have been adhered to. 6.5 Material and workmanship which in the opinion of the Building Inspector are defective or otherwise not in accordance with the provisions of this Bylaw, shall be removed and replaced by the Owner at the direction of the Building Inspector and the building sewer shall not be backfilled unless and until the said building sewer has been accepted and approved by the Building Inspector as provided in this Bylaw. PART 7.0 PENALTIES Penalties 7.1 Any person who violates any provision of this Bylaw shall be guilty of an offence and shall be liable of summary conviction to a fine not exceeding the sum of ten thousand dollars ($10,000) together with costs of each offence. 7.2 Each day during which any violation, contravention or breach shall continue, shall be deemed as a separate offence. PART 8.0 GENERAL Validity 8.1 Should any section or provision of this Bylaw be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the bylaw as a whole or any part thereof other than the part so declared to be invalid. Citation 8.2 This Bylaw may be cited as "North Saanich Sanitary Sewer System Regulation Bylaw No. 1164, 2008". READ A FIRST TIME this 3rd day of March, 2008. READ A SECOND TIME this 3rd day of March, 2008. AMENDED AT SECOND READING this 16th day of June, 2008. READ A THIRD TIME AS AMENDED this 16th day of June, 2008. FINALLY ADOPTED AS AMENDED this 23rd day of June, 2008. _______________________________ Mayor _______________________________ Corporate Officer SCHEDULE "A" SERVICE CONNECTION APPLICATION Applicant Information Name: _________________________________ Address: _________________________________ Telephone Number: ___________________________ Legal Description Lot No. _______________ District Lot: _________________ Plan: _____________ Civic Address: _________________________ Intended use of property: _________________ Service Requested Type and size of service: _______________________ Service installation cost: ________________________ (a) (attach sketch of preferred service location) In consideration of the granting of this permit I agree to be subject to all bylaws, rules and regulations of the District of North Saanich in relation to its sanitary sewer system and to pay such rates, fees, charges and taxes as are specified by bylaw. Applicants Signature: ________________________ Date: ________________ District of North Saanich Approval: ______________________ Date: ________________ Municipal Engineer FOR OFFICE USE ONLY Your application for a utility service connection has been approved as detailed below. This connection will be installed upon receipt of the connection fee and necessary approvals. The fee for this connection is: $_____________ Details of Connection:____________________ _______________________________________ _______________________________________ _______________________________________ Approved By: ____________ Date: __________ Dated application received: _________________ Drawings received: Yes_____ No _____ Application reviewed by: ___________________ Date payment received: ___________________ Date work order issued: ___________________ Date installation complete: _________________ North Saanich Sanitary Sewer System Regulation Bylaw No. 1164 (2008), Amendment Bylaw, 2023, No. 1563 SCHEDULE "B" TO BYLAW NO. 1164 SERVICE CONNECTION FEES 1. Service Connection Fees: Pursuant to the provisions of this Bylaw, the normal connection fee for a service connection shall be as follows: (a) Connection size Fee 100mm (4 ") $ 3,000 150mm (6") $ 3,000 up to 50 mm (2") $ 3,000 (Pumped System) (b) A service connection in excess of the sizes noted above will be installed at cost. (c) A service connection no longer required will be abandoned at cost. (d) A service connection longer than 20 metres will be installed at cost. YEARLY OPERATION AND MAINTENANCE CHARGE 2. Operation and Maintenance Charge Residential Dwelling Annual fee Single Family Units $643.50 Apartment and Townhouses $321.75 Other Types of Facilities Billed Every 4 Months Assembly Halls $2.83 per seat Banquet & Meeting Halls $0.20 per sq. ft. of floor area Beauty Salon/Barber Shop $68.68 per shampoo sink Churches (per Sanctuary seat) $1.07 per Sanctuary seat Commercial Laundry $192.24 per laundry machine Daycare / Child minding $8.39 per person Motels/Hotels $83.66 per unit Office Buildings $11.02 per employee per shift Recreation Facilities (exclusive of food services) Showers $68.68 per fixture Water Closet $68.68 per fixture Water Basin $41.41 per fixture Urinals- hand flush $41.41 per fixture Day staff $8.29 per person Restaurants (per sq. ft of Dining area) $1.07 per sq. ft. of dining area Retail Stores $8.15 per 100 sq. ft. of sales area Schools Primary $5.51 per student High School $8.29 per student Service Stations (exclusive of convenience stores, etc.) $27.46 per pump Swimming pools (based on design bathing load) $2.68 per person Where Metered Where Metered $2.45 per cubic meter of measured flow SCHEDULE "C" SANITARY SEWER SYSTEM PROHIBITED WASTE Prohibited waste means: 1. Hazardous Waste Hazardous waste as defined by the Environmental Management Act. 2. Air Contaminant Waste Any waste other than sanitary waste which, by itself or in combination with another substance, is capable of creating, causing or introducing an air contaminant outside any sewer or sewage facility or is capable of creating, causing or introducing an air contaminant within any sewer or sewage facility which would prevent safety entry by authorized personnel. 3. 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 sewer or sewage facility including, but not limited to gasoline, naphtha, propane, diesel, fuel oil, kerosene or alcohol. 4. 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 or performance of any sewer or sewage 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. 5. Corrosive Waste Any waste with corrosive properties which, by itself or in combination with any other substance, may cause damage to any sewer or sewage facility or which may prevent safe entry by authorized personnel. 6. High Temperature Waste (a) 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 sewer or sewage facility or with the treatment of waste in a sewage facility; (b) Any waste which will raise the temperature of waste entering any sewage facility to 40 degrees Celsius (104 degrees Fahrenheit) or more; (c) Any non-domestic waste with a temperature of 65 degrees Celsius (149 degrees Fahrenheit) or more. 7. Biomedical Waste Any of the following categories of biomedical waste: human anatomical waste, animal waste, untreated microbiology laboratory waste, clinical and laboratory waste sharps and untreated human blood and body fluids known to contain viruses and agents listed in "Risk Group 4" as defined in the Transportation of Dangerous Goods Regulations. 8. Miscellaneous Wastes Any waste, other than sanitary waste, which by itself or in combination with another substance: (a) constitutes or may constitute a significant health or safety hazard to any person; (b) May interfere with any sewer or sewage treatment process; (c) may cause a discharge from a sewage facility to contravene any requirements by or under any permit issued under the Environmental Management Act or any other act, approved Liquid Waste Management Plan, or any other law or regulation governing the quality of the discharge, or may cause the discharge to result in a hazard to people, animals, property or vegetation; (d) may cause biosolids to fail criteria for beneficial land application in British Columbia as set out in the Organic Matter Recycling Regulations (British Columbia) deposited February 2002, or may cause the emissions from a wastewater sludge combustion facility to be out of compliance with appropriate permits, or may cause the ashes from a wastewater sludge combustion facility to be considered a hazardous waste under the Environmental Management Act. SCHEDULE "D" SANITARY SEWER SYSTEM RESTRICTED WASTE Restricted waste means: 1. Specified Waste Any waste which, at the point of discharge into a sewer, contains any contaminant at a concentration in excess of the limits set out below. All concentrations are expressed as total concentrations which includes all forms of the contaminant, whether dissolved or undissolved. The concentration limits apply to both grab and composite samples. Contaminant definitions and methods of analysis are outlined in standard methods or methods specified by the manger. Any of the contaminants listed below in tables (a), (b), or (c) that are present in a waste at dissolved concentrations in excess of the Hazardous Waste Regulation Leachate Quality Standards will qualify that waste, regardless of the sampling method used, as a hazardous waste. a) CONVENTIONAL CONTAMINANTS [mg/L] Biochemical Oxygen Demand (BOD) 500 Chemical Oxygen Demand (COD) 1000 Oil and Grease* 100 Suspended Solids 350 Note: *Total oil and grease includes oil and grease (hydrocarbons) (see table (b)) b) ORGANIC CONTAMINATNS [mg/L] Benzene 0.1 Ethyl Benzene 0.2 Toluene 0.2 Xylenes 0.2 Polynuclear Aromatic Hydrocarbons (PAH)** 0.05 Phenols 1 Oil and Grease (hydrocarbons) 15 Note: **Polynuclear Aromatic Hydrocarbons (PAH) include: naphthalene benzo(a)anthracene acenaphtyylene chrysene acenapthene benzo(b)fluoranthene fluorine benzo(k)fluoranthene phenanthrene benzo(a)pyrene anthracene dibenzo(a,h)anthracene fluoranthene ideno(1,2,3-cd)pyrene pyrene benzo(g.h.i.)perylene c) INORGANIC CONTAMINANTS [mg/L] Arsenic (As) 0.4 Cadmium (Cd) 0.3 Chloride (CI) 1500 Chromium (Cr) 4 Cobalt (Co) 5 Copper (Cu) 1 Cyanide (CN) 1 Iron (Fe) 50 Lead (Pb) 1 Manganese (Mn) 5 Mercury (Hg) 0.02 Molybdenum (Mo) 5 Nickel (Ni) 3 Selenium (Se) 0.3 Silver (Ag) 0.5 Sulphate (SO4) 1500 Sulphide (S) 1 Zinc (Zn) 3 2. Food Waste Any non-domestic waste from cooking and handling of food that, at the point of discharge into a sewer, contains particles larger than 0.5 centimetres in any dimension. 3. Radioactive Waste Any waste containing radioactive materials that, at the point of discharge into a sewer, exceeds radioactivity limitations as established by the Canadian Nuclear Safety Commission. 4. pH Waste Any non-domestic waste which, at the point of discharge into a sewer, has a pH lower than 5.5 or higher than 11.0, as determined by either a grab or a composite sample. 5. Dyes and Colouring Material Dyes or colouring materials which may pass through a sewage facility and discolour the effluent from a sewage facility except where the dye is used by the District, or one or more of its municipalities, as a tracer. 6. Miscellaneous Restricted Wastes Any of the following wastes as defined in the bylaw. (a) seawater (b) PCBs (c) chlorinated phenols*** (d) pesticides (e) tetrachloroethylene (f) organo-tin compounds *** Chlorinated phenols include: - chlorophenol (ortho, meta, para) - dichlorophenol (2,3,2,4-,2,5-,2,6-,3,4-,3,5-) - trichlorophenol (2,3,4-,2,3,5-,2,3,4,6-,2,3,5,6-) - tetrachlorophenol (2,3,4,5-,2,3,4,6-, 2,3,5,6-) - pentachlorophenol