This is the exact embedded text of the captured official document.
Snapshot 9a273d0e8a66 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Public Sewer Bylaw 3891, 1996
(With Amendments to May 13, 2024)
Consolidated for Convenience Only
This consolidated is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
Bylaw No. 4056 - Adopted October 12, 1999
Bylaw No. 4103 - Adopted November 28, 2000
Bylaw No. 4171 - Adopted October 28, 2002
Bylaw No. 4333 - Adopted December 11, 2006
Bylaw No. 4368 - Adopted July 23, 2007
Bylaw No. 4395 - Adopted January 14, 2008
Bylaw No. 4403 - Adopted February 25, 2008
Bylaw No. 4683 - Adopted March 13, 2017
Bylaw No. 4779 - Adopted April 26, 2021
Bylaw No. 4857, - Adopted March 11, 2024
Bylaw No. 4863 - Adopted May 13, 2024
Bylaw No. 3891
2
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 3891
Consolidated for Convenience Only to March 11, 2024
(**amended by Bylaws No. 4056, 4103, 4171, 4333, 4368, 4395, 4403, 4683, 4779, and 4857)
A Bylaw for the administration and regulation of public sewers
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
HEREBY ENACTS as follows:
DEFINITIONS/INTERPRETATION
1.
(1)
In this Bylaw:
"Accessory structure" has the same meaning as it has in the Zoning Bylaw,
1986.
(**Bylaw 4779, adopted April 26, 2021)
"air" means the atmosphere but, except in a sewer (or a storm water management
facility) or as the context may otherwise require, does not include the atmosphere
inside a constructed enclosure that is not open to the weather;
"air contaminant" means any substance or odour whether gaseous, liquid, solid or a
combination that is emitted into the air and that:
(a)
injures or is capable of injuring the health or safety of a person,
(b)
injures or is capable of injuring property or any life form,
(c)
interferes or is capable of interfering with visibility,
(d)
interferes or is capable of interfering with the normal conduct of business,
(e)
causes or is capable of causing material physical discomfort to a person, or
(f)
damages or is capable of damaging the environment;
"biomedical waste" means biomedical waste as defined in GUIDELINES FOR THE
MANAGEMENT OF BIOMEDICAL WASTE established by the Canadian Council of
Ministers of the Environment (CCME) and dated February 1992;
"BOD" means biochemical oxygen demand, being the quantity of oxygen utilized in
the biochemical oxidation of organic substances under standard laboratory
procedures in 5 days at 20 degrees Celsius expressed in milligrams per litre, as
determined by the appropriate procedure in Standard Methods;
Bylaw No. 3891
3
"COD" means chemical oxygen demand, being a measure of the oxygen equivalent
of the organic matter content of a sample that is susceptible to oxidation by a strong
chemical oxidant, as determined by the appropriate procedure in Standard Methods;
"colour" means the true colour unit of water from which turbidity has been
removed, as determined by the appropriate procedure in Standard Methods;
"combined lateral" means a sewer lateral designed for the collection and
transmission of uncontaminated water, wastewater, and storm water;
"combined sewer" means a sewer designed for the collection and transmission of
uncontaminated water, wastewater , and storm water;
"composite sample" means a sample which is composed of equivalent portions of a
specified number of grab samples collected manually or automatically at the same
sampling point, at specified times or flow intervals during a specified sampling
period;
"condensed water" means water which is produced through the process of
condensation and includes condensate drainage from refrigeration equipment, air
conditioning equipment and steam heating systems;
"connection" means that section of a public sewer to which the sewer lateral
servicing a parcel of land is connected; ( illustrated for convenience in Schedule
"F")
"contaminant" means any substance, whether gaseous, liquid, or solid, whether
dissolved or suspended, or any wastewater quality parameter that, when present
above a certain concentration in wastewater:
(a)
injures or is capable of injuring the health or safety of a person,
(b)
injures or is capable of injuring property or any life form,
(c)
interferes or is capable of interfering with the proper operation of a sewer or
storm water management facility,
(d)
causes or is capable of causing material physical discomfort to a person, or
(e)
damages or is capable of damaging the environment;
"Council" means the Municipal Council of The Corporation of the District of Oak
Bay;
"discharge" means to directly or indirectly introduce a substance by spilling,
disposing of, abandoning, depositing, leaking, seeping, pouring, draining, emptying,
or by any other means;
"domestic waste" means sanitary waste and the water-carried wastes from drinking,
culinary uses, washing, bathing, laundering or food processing, which is produced on
a residential property;
Bylaw No. 3891
4
"enactment" means any applicable act, regulation, bylaw, order, or authorization,
by a federal, provincial, regional, municipal government or their authorized
representatives;
"engineer" means the Director of Engineering for the Municipality or his designate;
"garbage" means solid wastes from the domestic or commercial preparation,
cooking and dispensing of food and from the handling, storage and sale of produce;
"grab sample" means a sample of waste, water or storm water collected at a
particular time and place;
"high volume discharge" means any discharge of non-domestic waste into a sewer
in excess of 10 cubic metres per day or 300 cubic metres over any consecutive 30
day period but not including water from a pool;
"Humber Catchment Area" means the area of the Municipality identified as the
Humber Catchment Area in Schedule "G" to this Bylaw;
(**Bylaw 4857, adopted March 11, 2024)
"main sewer" see "Sewer" ( illustrated for convenience in Schedule "F")
"monitoring point" means an access point to a sewer or a lateral for the purpose of
(a)
measuring the rate of flow or volume of wastewater being discharged from a
building or a structure,
(b)
collecting representative samples of wastewater being discharged from a
building or a structure;
"Municipality" means The Corporation of The District of Oak Bay;
"non-domestic waste" means all waste except domestic waste, trucked liquid waste,
sanitary waste, storm water, and uncontaminated water;
"oil and grease" means an organic substance or substances recoverable by
procedures set out in Standard Methods or procedures authorized by the Engineer
and includes, but is not limited to, hydrocarbons, esters, fats, oils, waxes, and high-
molecular weight carboxylic acids;
"owner" means any person who is registered under the Land Title Act as the owner
of land, or any other person who is in lawful possession of land or who is in lawful
possession or occupancy of any buildings situated on the land;
"PCB" means any monochlorinated, dichlorinated, or polychlorinated biphenyl or
any mixture that contains one or more of these;
"permission" means permission given by the Engineer or his duly authorized
representative;
Bylaw No. 3891
5
"pesticides" means pesticides regulated under the Pesticide Control Act of British
Columbia;
"pH" means the expression of the acidity or basicity of a solution as defined and
determined by the appropriate procedure described in STANDARD METHODS;
"pollution" means the presence in the environment of substances or contaminants
that substantially alter or impair the usefulness of the environment;
"pool" means any water receptacle designed for decorative purposes or used for
swimming or as a bath or hot tub designed to accommodate more than one bather at a
time;
"premises" means any land or building, structure or all or any part thereof;
"prohibited waste" means , for sanitary and combined sewers, prohibited wastes as
defined in Schedule "B", and for storm sewers and watercourses, prohibited wastes
as defined in Schedule "D";
"public property" means a highway, road, roadway, street, public sidewalk,
boulevard, lane, alley, or land controlled by the Municipality and includes a right of
way;
"public sewer" see "Sewer" (illustrated for convenience in Schedule "F")
"radioactive materials" means radioactive materials as defined in the Atomic
Energy Control Act of Canada and Regulations under that Act;
"Regional District" means the Capital Regional District;
"residential property" means a property which is used primarily for the purpose of
residence by persons on a permanent, temporary or seasonal basis;
"right of way" means an acquired legal right for the specific use of land owned by
others;
"Rutland Catchment Area" means the area of the Municipality identified as the
Rutland Catchment Area in Schedule "H" to this Bylaw;
(**Bylaw 4857, adopted March 11, 2024)
"sanitary waste" means waste that contains human faeces, urine, blood or body
fluids originating from sanitary conveniences or other sources;
"sanitary sewer lateral" means the section of sewer piping from the sanitary sewer
connection to the building or structure it serves and is intended to receive only
sewage; ( illustrated for convenience in Schedule "F")
"sewage" means waste water from buildings, structures, lands and industrial
establishments, together with such storm water that is not intentionally admitted;
Bylaw No. 3891
6
"sewage facility" means works owned or otherwise under the control or jurisdiction
of the Municipality that gathers, treats, transports, stores, utilizes or discharges
waste;
"sewage treatment plant" means any arrangement of devices and structures used
for treating sewage;
"sewer" means all pipes, conduits, drains, and other equipment and facilities, owned
or otherwise under the control or jurisdiction of the Regional District, the
Municipality or one or more municipalities, for collecting, pumping, and transporting
waste-water and includes all such pipes, conduits, drains, and other equipment and
facilities which connect with those of the Regional District, the Municipality or one
or more municipalities, but which does not include a sewer lateral or a sewer
connection; (illustrated for convenience in Schedule "F")
"sewer lateral" means the pipe or conduit that connects the public sewer to the
building or structure it serves; ( illustrated for convenience in Schedule "F")
"sewer main" see "sewer" ( illustrated for convenience in Schedule "F")
"sharps" means hypodermic needles, hypodermic syringes, blades, broken glass,
and any devices, instruments or other objects which have acute rigid corners, edges
or protuberances;
"Special Waste" means Special Waste as defined in the Waste Management Act of
British Columbia or any legislation that replaces the Waste Management Act;
"Special Waste Regulation" means the SPECIAL WASTE REGULATION enacted
pursuant to the Waste Management Act or any legislation that replaces the Waste
Management Act;
"Standard Methods" means the current or latest edition of STANDARD METHODS
FOR THE EXAMINATION OF WATER AND WASTEWATER jointly prepared and published
from time to time by the American Public Health Association, American Water
Works Association, and the Water Environment Federation;
"storm sewer" means all pipes, conduits, drains, and other equipment and facilities
for the collection and transmission of storm water or uncontaminated water;
(illustrated for convenience in Schedule "F")
"storm sewer lateral" means the section of sewer piping from the storm sewer
connection to the building or structure it serves and is intended to receive only storm
water; ( illustrated for convenience in Schedule "F")
"storm water" means water resulting from natural precipitation from the
atmosphere and which is directed into a storm sewer, or a watercourse;
"storm water management facility" means an impoundment and appurtenant
structures, connections and controls for containment, detention or retention of storm
water and its delayed release at a controlled rate to a receiving storm sewer or water-
course;
Bylaw No. 3891
7
"structure" includes paved parking surfaces;
"Subdivision and Development Bylaw" means Bylaw 3578, being the Subdivision
and Development Bylaw, 1987 as amended, or its successor Bylaws as adopted by
Council;
"suspended solids" means solids that either float on the surface of, or are in
suspension in, water sewage or other liquids, and which are removable by laboratory
filtering;
"trucked liquid waste" means any waste that is collected and transported from the
site where the waste originated by means other than discharge to a sewer including,
but not limited to, holding tank waste, septic tank waste, chemical toilet contents, oil
and grease from interceptors or traps, and other sludges of organic or inorganic
origin;
"uncontaminated water" means any water excluding storm water but including
cooling water, condensed water and water from municipal waterworks or a private
water supply to which no contaminant has been added as a consequence of its use, or
to modify its use by any person;
"waste" means any substance whether gaseous, liquid or solid, that is or is intended
to be discharged or discarded, directly or indirectly, to a sewer, storm sewer or storm
water management facility;
"wastewater" means the composite of water and water-carried wastes from
residential, commercial, industrial or institutional premises or any other source;
"wastewater quality parameter" means any parameter used to describe the quality
of wastewater;
"water" includes surface water, ground water and ice;
"watercourse" means:
(a)
a river, stream, creek, waterway, lagoon, lake, spring, swamp, marsh or other
natural body of fresh water, or
(b)
a canal, ditch, reservoir or other man-made surface feature designed to carry
or hold water or storm water whether it contains or conveys water
continuously or intermittently;
"waterworks" means any works owned or otherwise under the control or
jurisdiction of the Regional District or one or more of its member municipalities or
the Greater Victoria Water District or an Improvement District that collects, treats,
transports, or stores drinking water;
"work order" means a written application for work to be undertaken by or through
the Municipality, incorporating a commitment from the applicant to pay for the costs
Bylaw No. 3891
8
of same, including but not limited to materials, labour, equipment, and engineering
charges, substantially in the form annexed to this bylaw in Schedule "E".
(2)
The Headings in this Bylaw and the contents of Schedule "F" annexed hereto are for
the convenience of reference only and are not intended to interpret, define, or limit
the scope, extent or intent of the provisions of this Bylaw.
REQUIREMENTS TO CONNECT TO PUBLIC SEWERS
2.
(1)
The owner of every building or structure from which domestic waste, non-domestic
waste or storm water is being discharged or from which domestic waste,
nondomestic waste or storm water may be discharged, is required to connect such
building or structure to the public sewer, except:
(a) An accessory building with a building area less than 10 m², or
(b) An accessory building with a building area in excess of 10 m² where, in the
opinion of the Engineer it is unlikely that the roof drainage will cause a
nuisance to neighbouring properties.
(**Bylaw 4779, adopted April 26, 2021)
(2)
Notwithstanding subsection (1), the owner of a building or structure constructed prior
to the adoption of this bylaw and from which storm water is being discharged to a
watercourse, may continue to discharge storm water to that watercourse, except:
(a)
where in the opinion of the Engineer, the continuance of the discharge to the
watercourse will be in conflict with existing or proposed underground
utilities, will have a deleterious effect upon the watercourse, or will create a
hazard to life or constitute a public nuisance; or
(b)
where a renovation, addition, or upgrading of the perimeter drains of the
building or structure is undertaken and where a public storm sewer is
available to receive the storm water discharge from the building or structure.
(3)
Where the Municipality has on its own initiative installed or is installing a new sewer
main the purpose of which is to separate an existing combined sewer system into
individual storm sewer and sanitary sewer systems an owner whose property was
previously served by the said combined sewer and whose property was connected to
the combined sewer by a combined lateral, shall be required to separate the combined
lateral serving the property into individual storm sewer and sanitary sewer laterals
and make the necessary connections to the public sewer when one of the following
conditions are met:
(a) An application is made to demolish the principal residence on the property to
construct a new one, or
(b) An application is made for renovations to the property with a construction
value of at least $100,000.
(**Bylaw 4779, adopted April 26, 2021)
(4)
In the event of the owner failing to apply and pay all required fees for the necessary
connection to the public sewer within sixty (60) days after being notified in writing
by the Engineer to do so, without limiting any other recourse or remedy available to
Bylaw No. 3891
9
the Municipality the Engineer may cause the Municipality, by its workers or others,
to have the required work completed at the expense of such owner including but not
limited to the fees set out in Schedule "A", the invoice for which if unpaid on the 31st
day of December next ensuing shall be added to and form part of the taxes payable in
respect of the property served by the connection as taxes in arrears.
(**Bylaw 4333, adopted Dec. 11/06)
(5)
Notwithstanding the foregoing, an owner failing to apply and pay all required fees
for connection of his building or structure to the public sewer within the aforesaid
period of sixty (60) days shall still be liable for any penalties provided by this Bylaw.
(**Bylaw 4333, adopted Dec. 11/06)
(6)
Notice in writing required to be given by the Engineer pursuant to this Section shall
be sufficiently given if sent by registered mail to the owner at the address as shown
on the last revised assessment roll of the Municipality.
2.1
Notwithstanding Section 2(1), the Engineer may waive in whole or in part the requirement to
connect to the public storm sewer system:
(1)
where after considering engineering parameters including but not necessarily limited
to soil perviousness, lot size, proximity of buildings, and grade, all in the context of a
report commissioned and submitted by the owner from a professional engineer or
professional geoscientist with experience or training in geotechnical study and
geohazard assessment, the Engineer is satisfied that storm water run-off from the
non-connected buildings or lands can be absorbed or infiltrated on the parcel either
naturally or through the installation and maintenance of a storm water management
system without adversely affecting soil stability, redirecting storm water to other
lands or other storm water collection systems, creating health issues associated with
ponding of water, creating a nuisance for or potential for damage to any other
property, or adversely affecting receiving water quality; or
(2)
where the land abuts the sea and
(a)
the Engineer is satisfied that direct discharge of storm water to the sea can be
achieved without causing soil erosion or increasing the probability of land
slippage;
(b)
the owner has obtained approval from the Province of British Columbia,
including without limitation a lease, licence or other form of tenure or right to
occupy Crown land, for any required works on the foreshore or the seabed;
(c)
the owner has obtained any and all approvals, endorsements, permits and
certificates required by the Government of Canada with regard to fish-bearing
waters;
(d)
the owner has obtained any and all permits required under the Building and
Plumbing Bylaw of the Municipality;
(e)
the owner has obtained any and all approvals, endorsements, permits and
certificates required under the Environmental Management Act and
regulations thereunder, and any other applicable enactment, or successor
enactment, of the Province of British Columbia;
Bylaw No. 3891
10
(f)
the direct discharge of storm water to the sea does not conflict with any
enactment of the Capital Regional District; and
(g)
the principal use of the land is for non-residential purposes, with a total
parcel area not less than 7,500 square metres.
2.2
The Engineer may grant a waiver pursuant to Section 2.1 subject to conditions designed to
ensure that all of the criteria set out therein are met, with which every owner of the land
subject to the waiver shall comply.
2.3
No owner of land subject to a waiver granted pursuant to Section 2.1 shall fail to keep in
good repair and renew, rebuild or replace any system or works the construction or
installation of which was required by the Engineer as a condition of the granting of such
waiver, where required to maintain or restore compliance with all of the criteria set out in
Section 2.1.
2.4
Without limitation, conditions imposed by the Engineer pursuant to Section 2.2 may include
a requirement that the owner enter into a covenant in favour of the Municipality, to be
registered against the title to the land, setting out the construction and maintenance
requirements for the system or works described in Section 2.3 and indemnifying the
Municipality against claims arising directly or indirectly out of a waiver granted pursuant to
Section 2.1.
(**Bylaw No. 4368, adopted Jul. 23/07)
2.5
An owner seeking a waiver under section 2.1 shall submit an application to the
engineering department and shall pay a fee as set out in Schedule "A".
(**Bylaw 4857, adopted March 11, 2024)
DESIGN AND INSTALLATION
3.
Pursuant to the provisions of this Bylaw, and subject to the authority of the Engineer under
the Subdivision and Development Bylaw, all drainage and sewerage works provided by
persons other than the Municipality shall be constructed and installed strictly in accordance
with the Subdivision and Development Bylaw of the Municipality and shall comply with the
relevant provisions of the current or latest editions of the British Columbia Plumbing Code
or British Columbia Building Code as the case may require.
APPLICATION FOR SERVICE
4.
(1)
Each connection to the public sewer shall be made only where, and in the manner
authorized or ordered by the Municipality.
(2)
Each application to connect to the public sewer shall be made to the Municipality by
the owner or his authorized agent in the form prescribed by the Engineer.
(3)
Such owner shall, on making application, pay to the Municipality the applicable
connection fee as set out in Schedule "A" attached to and forming part of this Bylaw.
If such connection is practicable, the Engineer shall, within ninety (90) days,
weather permitting, provide and install a sewer connection for service to the
applicant's property. If such connection is not practicable, the Engineer shall so
Bylaw No. 3891
11
notify the applicant within sixty (60) days and the Municipality shall refund the
charges or fees paid by the applicant.
(4)
It shall be the responsibility of the applicant for a sewer connection to provide the
Municipality with accurate information as required by the application and to
construct any building or structure or to locate therein any fixtures requiring
discharge to a sewer connection at such elevation or provide such equipment or
device as will permit their discharge into the municipal sewer.
(5)
Without derogating from the authority of the Engineer conferred by Section 6(1), a
sewer connection will be installed at the location requested by the applicant wherever
practicable. In the event that the applicant's preferred location is not practicable due
to topographical features, boulevard trees or other plantings, utility poles,
transformers, street light standards, surface improvements, or underground utilities,
the Engineer shall designate the location of each service connection to each parcel of
land or premises.
(**Bylaw 4171, adopted Nov. 12/02)
5.
Notwithstanding Section 4(3),
(1)
Where, in the circumstances described in Section 2(3), the owner of a property
served by a combined lateral has been required to separate such lateral into
individual storm sewer and sanitary sewer laterals, the connection fee that would
otherwise be payable by the owner for the work shall be waived.
(2)
Where an owner of property connected by way of a sewer lateral to a sewer main
which the Municipality is in the process of replacing applies for the installation
of a new connection from the property line to the main, the fee payable by the
owner for the work shall be discounted by a factor equal to fifty percent (50%) of
the amount calculated in accordance with Schedule "A" if all the following
apply:
(a)
the application is received by the Engineer within a time that allows the
installation to be carried out concurrently with replacement of the sewer
main in front of the property; and
(b)
the Engineer deems there is a cost advantage to one or both of the owner
or the Municipality in replacing the lateral at the same time as the main is
being replaced.
(**Bylaw 4171, adopted Nov. 12/02)
(**Bylaw 4857, adopted March 11, 2024)
(3)
If an owner of property in the Humber Catchment Area or Rutland Catchment
Area makes an application to connect to the public sewer, and the Municipality
has on its own initiative installed or is installing a new sewer main, the purpose of
which is to separate an existing combined sewer system into individual storm
sewer and sanitary sewer systems, and has replaced or is replacing the portion of
the combined lateral for a property on Municipal property with separate laterals,
Bylaw No. 3891
12
the connection fee that would otherwise by payable by the owner for the work
shall be waived.
(**Bylaw 4857, adopted March 11, 2024)
INSTALLATION OF SEWERS
6.
(1)
The Engineer shall determine the location, size and depth of each sewer connection
or sewer lateral on public property.
(2)
Whenever possible, the connection to the public sewer shall be installed at a
gradient and elevation that will allow gravity flow of sewage or storm water from the
building to the main sewer.
(3)
When, in the opinion of the Engineer, problems may occur because of the
surcharging of the public sewer, the Engineer may refuse an application and the
provisions of the Subdivision and Development Bylaw shall apply.
(4)
The connecting of a sanitary sewer lateral or a storm sewer lateral into a public sewer
shall conform to the requirements of the current or latest editions of the Building and
Plumbing Codes or other applicable rules and regulations of the Municipality. All
such connections or laterals shall be made gas-tight and water-tight and be verified
by proper testing in accordance with Standard Methods. Any deviation from the
prescribed procedures and materials must be approved by the Engineer before
installation.
(5)
The Engineer may require a user of sewer services to provide information needed to
determine compliance with this Bylaw. These requirements may include:
(a)
sewage or storm water discharge peak rate and volume over a specified time
period;
(b)
chemical analysis of sewage;
(c)
Information on raw materials, processes and products affecting sewage
volume and quality;
(d)
quantity and disposition of specific liquid, sludge, oil, solvent or other
materials important to sewer use control;
(e)
a plot plan of sewer laterals on the user's property showing details of sewage
pre-treatment facilities; or
(f)
details of systems to prevent and control the losses of materials through spills
to the public sewer.
(6)
When the Engineer has reasonable grounds to believe that Restricted Waste or
Prohibited Waste may be discharged to a public sewer, he may require the owner of a
property to install monitoring points to facilitate monitoring of discharges as
specified in this bylaw.
Bylaw No. 3891
13
MAINTENANCE OF SEWER LATERALS/SEWER CONNECTIONS
7.
(1)
The owner of a property served by a public sewer shall be responsible for the cost of
servicing, clearing, rodding, removing blockages or tree roots, or maintaining in any
way the sewer lateral or sewer connection that serves the property including any
portion of the sewer lateral or sewer connection which is upon, under or over public
property with the exception, however, that in the event that such portion of the
sewer lateral or sewer connection has become blocked solely due to the intrusion of
municipal boulevard tree roots, and without relieving the property owner from
responsibility for scheduling and bearing the cost of preventive maintenance, the
Municipality shall, upon application, either
(a)
reimburse the owner for the cost reasonably incurred by him, supported by
receipts at prevailing local rates, of clearing the blockage; or, at the
Municipality's option,
(b)
clear the blockage at its cost using its own or contracted labour and
equipment,
where the source of the blockage has been confirmed to the satisfaction of the
Engineer, and provided that such portion of the sewer lateral is otherwise in
serviceable condition and does not exhibit age-related deterioration to the point that
it requires repair or replacement.
(2)
The owner of a property served by a public sewer shall be responsible for the cost of
repair or replacement by the Municipality of the portion of the sewer lateral which is
upon, under or over public property, such cost to be calculated in accordance with
Schedule "A".
(**Bylaw 4171, adopted Nov. 12/02)
8.
(1)
Where the owner of a property served by a public sewer commits to the payment of
the associated costs through the signing of a work order substantially in the form set
out in Schedule "E", the Engineer may cause the investigation of a sewer connection
or the portion of the sewer lateral which is upon, under or over public property with
a view to assessing its condition. If such investigation reveals that the source of the
problem which triggered the request for investigation lies not with any portion of the
sewer lateral, but with the sewer main or the point of connection of the lateral
thereto, and has not been caused by the discharge of any prohibited or restricted
waste (as defined in Schedules "B", "C" and "D") from the owner's property, then
the Engineer shall release the owner from the obligation created by the work order.
(2)
Notwithstanding Section 7(2) and subject to Section 8(6), where the Engineer
determines that the replacement or repair of the portion of the sewer lateral which is
upon, under or over public property is required as a result of the deterioration of the
said portion of the sewer lateral, and where the owner of the property served by the
same applies for such repair or replacement, the fee to be paid by the owner shall be
given by the value of the term "OC" represented in the formula:
OC = F[A - 5) ÷ 30]
Where
Bylaw No. 3891
14
A = the age in years of the portion of the sewer lateral which is upon, under or over
public property, "years" being the number of 12 month consecutive periods having
elapsed since installation, rounded down to the nearest integer value;
F = the fee for the work calculated in accordance with Schedule "A"; and
(A - 5) is deemed to equal
(a)
zero if its arithmetic value is less than zero; and
(b)
thirty (30) if its arithmetic value is greater than thirty (30);
provided also that the Engineer's corroborating determination with regard to the
need for repair or replacement is required only where the value of (A - 5) is less
than thirty (30).
(3)
The age of the portion of the sewer lateral which is upon, under or over public
property shall be determined in accordance with the records of the Municipality. In
the event that no records exist which confirm the age of the said portion of the sewer
lateral, it shall be deemed to be equal to the age of the building served by it.
(4)
Notwithstanding any other part of this Bylaw, the owner of a property served by a
public sewer is responsible for the full cost of repair or replacement by the
Municipality of the sewer connection, clean-out fixture or the portion of the sewer
lateral which is upon, under or over public property, such cost to be calculated in
accordance with Schedule "A", where the repair or replacement is required as a
result of a blockage or damage which has occurred as a result of a condition existing
on the owner's property, an improper connection at the property line, or the
discharge of a prohibited or restricted waste (as defined in Schedules "B", "C" and
"D") from the owner's property.
(5)
Notwithstanding Section 7(2), but subject to Section 8(7), where the owner of a
property served by a public sewer makes application for replacement of the portion
of the sewer lateral which is upon, under or over public property, and where
(a)
the said portion of the sewer lateral is subject to penetration and obstruction
by municipal boulevard tree roots to the extent that, in the assessment of the
Engineer based on his review of the relevant evidence, regular root cutting at
intervals of one (1) year or less is required to prevent blockages and keep the
lateral in serviceable condition;
(b)
the placement of the said portion of the sewer lateral is such that it cannot be
removed and replaced in the same location without either removing or, in
the assessment of the Manager of Parks Services based on advice from a
certified arborist, seriously endangering the health of a proximate municipal
boulevard tree;
(c)
the Engineer declines to replace the said portion of the sewer lateral in its
original location, and
(d)
the relocation of the said portion of the sewer lateral would require that the
Bylaw No. 3891
15
owner, in order to make connection to the public sewer, re-route a portion of
the sewer lateral located on his own property,
then the charge to the owner calculated in accordance with Schedule "A" for installing in a
different location a new sewer lateral from the sewer main to the property line shall be
reduced by the cost that the Municipality would have otherwise incurred to remove and
dispose of the boulevard tree, reinstate and make good the boulevard to the standard
prevailing in the block, and purchase and plant a replacement tree, as estimated by the
Manager of Parks Services using the costing methods employed by the Municipality for like
projects, with such cost estimate to include charges for labour, equipment, supplies, rentals
and contracted work, and provided always that the credit to the applicant shall not exceed
the fee calculated in accordance with Schedule "A".
(6)
Notwithstanding Section 7(2), but subject to Section 8(7), where the portion of the
sewer lateral which is upon, under or over public property has deteriorated to the
point where it cannot be made usable through the use of any available pipe clearing
or rodding equipment and methods, and where such deterioration is attributable
principally to structural damage caused by boulevard tree roots, such assessments to
be made by the Engineer based on his review of the pertinent evidence, then the fee
calculated in accordance with Schedule "A" shall be waived for the owner of the
property applying for replacement or repair of such sewer lateral.
(7)
In the event of the construction of a new principal building, or the reconstruction of
an existing principal building from its foundation upward, on a parcel of land
connected by way of a sewer lateral to a sewer main, the owner shall apply and pay
the fee calculated in accordance with Schedule "A" for the replacement of the
portion of any existing sewer lateral upon, under or over public property which is:
(a)
constructed of unjointed clay tile, jointed clay tile which is ungasketed, or a
tar-based composite; or
(b)
in a significantly deteriorated condition as determined by the Engineer based
on his examination of the relevant evidence.
(**Bylaw 4171, adopted Nov. 12/02)
(8) In the event of the construction of a new principal building, or the reconstruction of
an existing principal building from its foundation upward, on a parcel of land
connected by way of a sewer lateral to a sewer main, where the owner intends to
reuse the existing sewer lateral, they may do so upon application to the Engineer
provided that the conditions of section 8(7) do not apply. The application is to
include CCTV video of the condition of the lateral, and the results of a dye test
showing that the property is not cross-connected. If the sewer lateral does not
already have an inspection chamber, an owner applying to re-use their sewer lateral
must have an inspection chamber installed.
(**Bylaw 4779, adopted April 26, 2021)
Bylaw No. 3891
16
DISCHARGES TO SANITARY SEWERS
9.
(1)
No person shall discharge into any sanitary sewer
(a)
any Prohibited Waste, as described in Schedule "B";
(b)
any Restricted Waste, as described in Schedule "C" unless that person has
obtained written permission from the Engineer;
(c)
any high volume discharge unless that person has obtained written permis-
sion from the Engineer;
(d)
any uncontaminated water in a volume greater than 2.0 cubic metres per day
without prior written permission from the Engineer;
(e)
any storm water without prior written authorization from the Engineer.
DISCHARGES TO COMBINED SEWERS
10.
(1)
No person shall discharge into any combined sewer
(a)
any Prohibited Waste, as described in Schedule "B";
(b)
any Restricted Waste, as described in Schedule "C" unless that person has
obtained written permission from the Engineer;
(c)
any High Volume Discharge unless that person has obtained written
permission from the Engineer;
11.
(1)
If any Restricted Waste as described in Schedule "C" is discharged or is proposed to
be discharged to the public sewers and which, in the judgement of the Engineer, may
have a deleterious effect upon the sewage facilities, processes, or equipment or which
may otherwise create a hazard to life or constitute a public nuisance, the Engineer
may:
(a)
reject the Restricted Waste;
(b)
require pre-treatment to an acceptable condition prior to the discharge into
the public sewers;
(c)
require control over the quantities and rates of discharge; and/or
(d)
require payment to cover the added cost of handling and treating the non-
domestic waste not covered by existing taxes or sewer charges.
(2)
When considering the above alternatives, the Engineer shall give consideration to the
economic impact of each alternative on the discharger. If the Engineer permits the
pre-treatment or equalization of waste flows, the design and installation of the plans
and equipment shall be subject to review and approval by the Engineer.
Bylaw No. 3891
17
(3)
Grease, oil and sand interceptors shall be provided when, in the opinion of the
Engineer, they are necessary for the proper handling of non domestic waste
containing floatable grease in excessive amounts, as specified in Schedule "C", or
any flammable wastes, sand or other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the Engineer, and shall be
located as to be readily and easily accessible for cleaning and inspection. In the
maintaining of these interceptors, the owner(s) shall be responsible for the proper
removal and disposal by appropriate means of the captured materials and shall
maintain records of the dates and means of disposal, which are subject to review by
the Engineer. Any removal and hauling of the collected materials not performed by
the owner's personnel must be performed by currently licenced waste disposal firms.
12.
MONITORING OF DISCHARGES
(1)
The Engineer may require that a person who is discharging any waste other than
domestic sewage into a sewer shall, at his or her expense, install one or more
monitoring points suitable for inspection, flow monitoring, and sample collection at
locations determined by the Engineer, to be constructed in accordance with plans
approved by the Engineer and maintained in good working order by the person.
(2)
A monitoring point required under subsection 12(1) shall be installed in a manner so
as not to be affected by any discharge of domestic waste from a premises, unless
otherwise authorized by the Engineer.
(3)
A monitoring point required under subsection 12(1) shall, for the purposes of
enforcing this bylaw, be deemed to be the point or points at which a discharge into a
sewer or sewage facility is made.
(4)
In the absence of a monitoring point under subsection 12(1), the point of discharge
into a sewer or sewage facility shall, for the purposes of enforcing this bylaw, be the
location determined by the Engineer where access can be had to the waste for the
purpose of sampling.
(5)
Where a person is required to install a monitoring point under subsection 12(1), and
the person cannot comply with such requirement within 60 days of being notified of
the requirement by the Engineer the person shall, within 60 days of the notice being
issued by the Engineer, inform the Engineer of his or her inability to install the
monitoring point and the District may install or cause to be installed the monitoring
point at the person's expense.
(6)
The owner of a premises shall ensure that all monitoring points, flow measuring
devices including water meters, are accessible for inspection by the Engineer at all
times.
(7)
The Engineer may require that a person who is discharging waste into a sewer
undertake, at that person's expense, sampling and analysis of the waste discharged.
(8)
All sampling and analysis required by an Engineer shall be carried out in accordance
with methods and procedures specified in Standard Methods or in a manner specified
by the Engineer.
Bylaw No. 3891
18
(9)
Samples which have been collected as the result of a requirement of the Engineer
shall be analyzed by an independent agency or by a laboratory authorized by the
Engineer.
DISCHARGES TO STORM SEWERS AND WATERCOURSES
13.
(1)
No person shall discharge or allow or cause to be discharged into a storm sewer or
watercourse any domestic waste, non domestic waste , trucked liquid waste or
prohibited waste as set out in Schedule "D".
(2)
Notwithstanding the prohibition contained in subsection 13(1), a person may
discharge into a storm sewer or watercourse water resulting from domestic activities
customarily incidental to a residential use of land including:
(a)
water resulting from natural precipitation, and drainage of such water;
(b)
water resulting from garden and lawn maintenance, non-commercial car
washing, building washing and driveway washing; and
(c)
uncontaminated water.
(3)
Notwithstanding the prohibition contained in subsection (2), a person may discharge
into a storm sewer or watercourse water resulting from non-domestic activities as
follows:
(a)
street and hydrant flushing;
(b)
water main flushing; and
(c)
fire fighting activities.
PROHIBITIONS
14.
(1)
It shall be unlawful for any person to place, deposit or permit to be deposited in any
unsanitary manner on public or private property within the Municipality, or in any
area under the jurisdiction of the said Municipality, any human or animal excrement,
garbage or objectionable waste.
(2)
No person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment which is
part of the sewer system.
(3)
No person shall make any connection whatsoever to the sewer or in any way tamper
with the sewer or sewer connection without first obtaining permission from the
Engineer.
(4)
(a)
No person shall connect or allow to remain connected any sanitary sewer
lateral or combined lateral to any public storm sewer or to any storm sewer
connection.
(**Bylaw 4333, adopted Dec. 11/06)
Bylaw No. 3891
19
(b)
No person shall connect or allow to remain connected any storm sewer lateral
or combined lateral to any public sanitary sewer or sanitary sewer
connection.
(**Bylaw 4333, adopted Dec. 11/06)
(c)
In the event of an owner failing to disconnect a connection of the type
described in paragraph (a) or (b) within ninety (90) days after being notified
in writing by the Engineer to do so, without limiting any other recourse or
remedy available to the Municipality the Engineer may cause the
Municipality, by its workers or others, to have the required work completed
at the expense of such owner including but not limited to the fees set out in
Schedule "A", the invoice for which if unpaid on the 31st day of December
next ensuing shall be added to and form part of the taxes payable in respect
of the property served by the connection as taxes in arrears.
(**Bylaw 4333, adopted Dec. 11/06)
(d)
For the purpose of paragraph (c), "disconnect" includes applying and paying
all required fees for the necessary connection from the storm sewer lateral to
the public storm sewer, or from the sanitary sewer lateral to the public
sanitary sewer, as the case may be, along with any work on private property
required to separate storm water flows from sewage flows, with the
provisions of Sections 2 and 4 to apply mutatis mutandis to the connection
portion of the required work.
(**Bylaw 4333, adopted Dec. 11/06)
(e)
For the purpose of this subsection, a requirement that sewage or storm water
be pumped in order to create a functional connection to the public sanitary
sewer or storm sewer, as the case may be, shall not be deemed to render the
required connection "not practicable" within the meaning of Section 4(3),
and the installation of a pump for that purpose shall constitute part of the
work required to be undertaken by and at the cost of the owner in order to
effect the required disconnection.
(**Bylaw 4333, adopted Dec. 11/06)
(f)
Notwithstanding the foregoing, an owner failing to disconnect his building or
structure sewer lateral from the public sewer pursuant to this Section within
the aforesaid period of ninety (90) days shall still be liable for any penalties
provided by this Bylaw.
(**Bylaw 4333, adopted Dec. 11/06)
(g)
Notice in writing required to be given by the Engineer pursuant to this
Section shall be sufficiently given if sent by registered mail to the owner at
the address as shown on the last revised assessment roll of the Municipality.
(**Bylaw 4333, adopted Dec. 11/06)
(h)
Paragraph (d) notwithstanding, where the elimination of a storm water
lateral-to-sanitary sewer main connection made prior to 1990 requires the
pumping of storm water from a parcel into the storm sewer main, the
connection fee set out in Schedule "A" shall be reduced by one-half for the
new connection to the storm sewer main, provided that the elimination of the
Bylaw No. 3891
20
storm water lateral-to sanitary sewer main connection is completed before
June 30, 2008 or the end of the period specified in a notice from the Engineer
pursuant to paragraph (c), whichever comes first.
(**Bylaw 4333, adopted Dec. 11/06)
(**Bylaw 4395, adopted Jan. 14/08)
(5)
Where any public sewer is laid in private property in respect of which the
Municipality holds a right of way for sewer purposes, no person shall connect to, or
disturb, such sewer except by direction of, and with permission of, the Engineer.
(6)
No person shall connect or attempt to connect or allow to be connected or allow to
remain connected any real property to the sanitary sewer or storm sewer system
otherwise than in accordance with the provisions of this Bylaw.
ENFORCEMENT
15.
Should any person who is required by the provisions of this Bylaw to do any matter or thing
be in default of it being done by that person, such matter or thing may be done at the expense
of the person in default and the Council may recover the expense thereof, with costs in like
manner as municipal taxes.
INSPECTION
16.
The Engineer or a bylaw enforcement officer may enter at all reasonable times, on any
property that is subject to this Bylaw to ascertain whether the regulations of this Bylaw are
being observed or the requirements of this Bylaw are being met.
PENALTIES
17.
Any person who violates any of the provisions of this bylaw or who suffers or permits any
act or thing to be done in contravention of this Bylaw, or who neglects to do or refrains from
doing any act or thing required to be done by the provisions of this Bylaw, shall be guilty of
an offence and shall be liable, upon conviction, to a fine of not less than Two Hundred
($200.00), not more than Two Thousand Dollars ($2,000.00) or to a term of imprisonment
not exceeding six (6) months or to both, for each offence; and each day during which any
violation, contravention or breach shall continue shall be deemed a separate offence.
GENERAL
18.
(1)
No person shall hinder or prevent the Engineer, a person authorized by the Engineer,
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.
(2)
Nothing in this Bylaw shall be interpreted as relieving a person discharging waste
from complying with Federal, Provincial and local government enactments
governing the discharge of storm water into storm sewers and watercourses, and in
the event of a conflict between the provisions of this Bylaw and a Federal or
Provincial enactment, the provisions of the Federal or Provincial enactment shall
prevail.
Bylaw No. 3891
21
(3)
In this Bylaw words importing the male gender include the female gender and either
includes the neuter and vice versa, and words importing the singular number include
the plural number and vice versa.
(4)
Schedules A, B, C, D and E annexed to this Bylaw shall be deemed to be integral
parts of this Bylaw.
(5)
If any provision of this Bylaw is found to be invalid by a court of competent
jurisdiction it may be severed from the Bylaw.
REPEALS
19.
The following Bylaws are hereby repealed except insofar as they repeal any other Bylaw:
Bylaw No. 3391, "Public Sewer Bylaw, ";
Bylaw No. 3533, "Public Sewer Bylaw Amendment Bylaw", 1986";
Bylaw No. 3744, "Public Sewer Bylaw Amendment Bylaw", 1993".
PROVIDED that such repeals shall not affect any offence committed, or penalty or
punishment incurred, under such repealed Bylaws or any one of them, and any such penalty
or punishment may be imposed as if this Bylaw had not been passed.
20.
This Bylaw may be cited as the "Public Sewer Bylaw No. 3891, 1996"
(**Bylaw 4863, Adopted May 13/24)
READ a first, second and third time by the Municipal Council on February 26, 1996.
ADOPTED and FINALLY PASSED by the Municipal Council on March 11, 1996.
"Original signed by"
"Original signed by"______________
Mayor
Municipal Clerk
Sealed with the Seal of The Corporation of the
District of Oak Bay.
SCHEDULE "A"
FEES AND PERMITS
1.
(1)
For installing or replacing the portion of a sewer lateral which is located upon, under or
over public property, including a connection to a sewer main located in a municipal right
of way:
(a)
For a connection to a sewer main via a lateral consisting of a single 100mm
diameter pipe of length not exceeding ten (10) metres and related joints and
fittings: $6,550.00.
(**Bylaw 4683, adopted Mar. 13/17)
(**Bylaw 4863, adopted May. 13/24)
(b)
For a connection to two (2) sewer mains via laterals consisting of two (2) 100
mm diameter pipes of length not exceeding ten (10) metres and related joints and
fittings, installed in the same trench at the same time: $10,250.00.
(**Bylaw 4683, adopted Mar. 13/17)
(**Bylaw 4863, adopted Mar. 13/24)
(c)
Costs for traffic control, Hydrovac, an engineering consultant, and additional
concrete will be assessed with each sewer connection. These costs will be
collected in addition to the bylaw fee. On completion of the work, any unused
contingency fees collected will be refunded.
(**Bylaw 4683, adopted Mar. 1317)
(d)
Where an existing sewer connection to the main will not be reused, a capping fee
of $2,000.00 will be charged.
(**Bylaw 4683, adopted Mar. 13/17)
(e)
For a connection to a sewer main via a lateral:
(i)
consisting of a pipe of diameter greater than 100 mm and related
joints and fittings;
(ii)
consisting of a pipe of length greater than ten (10) metres and
related joints and fittings;
(iii)
laid at a depth which requires trenching to a depth greater than
2.3 metres; or
(iv) consisting of a lateral to be installed through the "pipe bursting"
process,
the fee payable shall be equal to either:
(iv)
the charge set out in paragraph (a) or (b), whichever is applicable;
or
(v)
the Engineer's estimate of the cost of the work, such estimate to
include charges for labour external and internal, equipment
Bylaw No. 3891
23
charges external and internal, materials, fittings, supplies, rentals,
consulting, contracted work and engineering costs external and
internal, and all costs of excavation and reinstatement, whichever
is greater.
(**Bylaw 4333, adopted Dec. 11/06)
(**Bylaw 4683, adopted Mar. 13/17)
(**Bylaw 4857, adopted March 11, 2024)
(2)
For the repair of the sewer connection at the main, or for the repair or installation of a
clean-out fixture, in the circumstances described in Section 8(4) of the main body of this
Bylaw, the fee payable shall be equal to the Engineer's estimate of the cost of the work,
such estimate to include charges for labour external and internal, equipment charges
external and internal, materials, fittings, supplies, rentals, consulting, contracted work
and engineering costs external and internal, and all costs of excavation and
reinstatement.
(**Bylaw 4333, adopted Dec. 11/06)
(3)
All fees must be paid in advance.
(4)
Fees based on a cost estimated in accordance with 1(1)(c) or 1(2) of this Schedule are, on
completion of the work, subject to refund of any unused rock blasting contingency.
(5)
A request by an owner for maintenance or examination of the portion of a sewer lateral
which is located upon, under or over public property, or the sewer connection at the
main, will be carried out only after the owner of the property served by the said lateral or
connection has signed a work order substantially in the form set out in Schedule "E"
committing the owner to payment of all costs incurred by the Municipality for
examination or maintenance including without limitation labour external and internal,
equipment charges external and internal, materials, fittings, supplies, rentals, consulting,
contracted work and engineering costs external and internal, and all costs of excavation
and reinstatement, except as otherwise provided in this Bylaw.
(**Bylaw 4171, adopted Nov. 12/02)
(**Bylaw 4333, adopted Dec. 11/06)
2. For an application for an owner for a waiver of the requirement to connect to the
public sewer: $1,000.
(**Bylaw 4857, adopted March 11, 2024)
Bylaw No. 3891
24
SCHEDULE "B"
SANITARY SEWERS AND COMBINED SEWERS
PROHIBITED WASTE
Prohibited Waste means:
1.
Special Waste
Special Waste as defined by the WASTE MANAGEMENT ACT OF BRITISH COLUMBIA and its Regu-
lations or any legislation that replaces the WASTE MANAGEMENT ACT.
2.
Air Contaminant Waste
Any waste which, by itself or in combination with another substance, is capable of creating, causing
or introducing an air contaminant, causing air pollution outside any sanitary sewer or sewage facility
or is capable of creating, causing or introducing an air contaminant within any sanitary sewer or
sewage facility which would prevent safe 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 sanitary 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 sanitary 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 sanitary 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 sanitary 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 or more;
(c)
Any non-domestic waste with a temperature of 65 degrees Celsius or more.
Bylaw No. 3891
25
7.
Biomedical Waste
Any of the following categories of Biomedical Waste: human anatomical waste, animal waste,
untreated microbiological waste, waste sharps and untreated human blood and body fluids listed in
"Risk Group 4" as defined in "Laboratory Biosafety Guidelines", published by Health and Welfare
Canada and dated 1990.
8.
PCBs, Pesticides
Any waste containing PCBs or pesticides.
9.
Miscellaneous Wastes
Any waste , other than sanitary waste, which by itself or in combination with another substance:
(a)
constitutes or may constitute a health or safety hazard to any person;
(b)
may interfere with any sewage treatment process;
(c)
may cause a discharge from a sewage facility to contravene any requirements by or under
any B.C. Waste Management Discharge Permit or any other act, 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.
SCHEDULE "C"
SANITARY SEWERS AND COMBINED SEWERS
RESTRICTED WASTES
In this Schedule, 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 Engineer.
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 Special Waste Regulation Leachate Quality Criteria
will qualify that waste, regardless of the sampling method used, as a Special Waste.
(a) CONVENTIONAL CONTAMINANTS [mg/L]
Biochemical Oxygen Demand (BOD)
300
Chemical Oxygen Demand (COD)
600
Oil and Grease*
100
Suspended Solids
350
Note: *Total oil and grease includes Petroleum Hydrocarbons (see table (b))
(b) ORGANIC CONTAMINANTS [mg/L]
Benzene, Ethyl Benzene, Toluene,
Xylenes (BETX)
1
Chlorinated Phenols
0.05
Polycyclic Aromatic Hydrocarbons
(PAH)
0.05
Phenols
1
Petroleum Hydrocarbons
15
Bylaw No. 3891
27
(c) INORGANIC CONTAMINANTS [mg/L]
Arsenic (As)
0.2
Cadmium (Cd)
0.1
Chromium (Cr)
5
Cobalt (Co)
5
Copper (Cu)
1
Cyanide (CN)
1
Iron (Fe)
50
Lead (Pb)
0.5
Manganese (Mn)
5
Mercury (Hg)
0.05
Molybdenum (Mo)
5
Nickel (Ni)
1
Silver (Ag)
2
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 Atomic Energy Control Board of Canada.
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.
Bylaw No. 3891
28
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 munici-
palities, as a tracer.
Bylaw No. 3891
29
SCHEDULE "D"
STORM SEWERS
PROHIBITED WASTE
Prohibited Waste means:
1.
Special Waste
Special Waste as defined by the WASTE MANAGEMENT ACT OF BRITISH COLUMBIA and its Regu-
lations or any legislation that replaces the WASTE MANAGEMENT ACT.
2.
Biomedical Waste
Any of the following categories of Biomedical Waste: human anatomical waste, animal waste,
untreated microbiological waste, waste sharps and untreated human blood and body fluids listed in
"Risk Group 4" as defined in "Laboratory Biosafety Guidelines", published by Health and Welfare
Canada and dated 1990.
3.
Air Contaminant Waste
Any waste which, by itself or in combination with another substance, is capable of creating, causing
or introducing an air contaminant, causing air pollution outside any storm sewer or storm water
management facility or is capable of creating, causing or introducing an air contaminant within any
storm sewer or storm water management facility which would prevent safe entry by authorized
personnel.
4.
Flammable or Explosive Waste
Any waste, which by itself or in combination with another substance, is capable of causing or
contributing to an explosion or supporting combustion in any storm sewer, watercourse or storm
water management facility, including but not limited to, gasoline, naphtha, propane, diesel, fuel oil,
kerosene or alcohol.
5.
Obstructive Waste
Any waste which by itself or in combination with another substance is capable of obstructing the
flow of, or interfering with, the operation, performance or flow of any storm sewer, watercourse or
storm water management facility, including but not limited to, earth, sand, sweepings, gardening or
agricultural waste, ash, chemicals, paint, metal, glass, sharps, rags, cloth, tar, asphalt, cement-based
products, plastic, wood, waste portions of animals, fish or fowl and solidified fat.
6.
Corrosive Waste
Any waste with corrosive properties which, by itself or in combination with any other substance,
may cause damage to any storm sewer or storm water management facility or which may prevent
safe entry by authorized personnel.
7.
High Temperature Waste
Bylaw No. 3891
30
(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
storm sewer or storm water management facility;
(b)
Any waste which will raise the temperature of waste discharged by a storm
sewer, watercourse or storm water management facility by 2 degrees Celsius or more;
(c)
Any waste with a temperature of 40 degrees Celsius or more at the point of discharge.
8.
PCBs, Pesticides
Any waste containing PCBs or pesticides.
9.
Pool Water
Any water from a pool containing residual chlorine or chloramine.
10.
Radioactive Waste
Any waste containing radioactive materials that, prior to the point of discharge into a storm sewer or
watercourse, exceeds radioactivity limitations as established by the Atomic Energy Control Board of
Canada.
11.
pH Waste
Any waste which, prior to the point of discharge into a storm sewer or watercourse, has a pH lower
than 6.0 or higher than 9.0 as determined by either a grab sample or composite sample.
12.
Dyes and Colouring Material
Dyes or colouring materials which produce in a grab sample or composite sample a colour value
greater than or equal to 50 true colour units, or that causes discolouration of water to such an extent
that the colour cannot be determined by the visual comparison method as set out in Standard
Methods, except where the dye is used by a municipality or regional district as a tracer.
13.
Miscellaneous Wastes
Any waste which by itself or in combination with another substance:
(a)
constitutes or may constitute a health or safety hazard to any person;
(b)
causes pollution in any storm sewer, watercourse or storm water management facility.
14.
Disinfectant Process Water
Any water from a waterworks containing residual chlorine or chloramine remaining from the
disinfection of the waterworks or any part of the waterworks, but does not include water containing
chlorine or chloramine ordinarily added to a supply of potable water by a municipality, the Regional
District, the Greater Victoria Water District or an Improvement District.
Bylaw No. 3891
31
SCHEDULE "E"
THE CORPORATION OF THE DISTRICT OF OAK BAY
WORK ORDER
Note: This work order MUST be signed by the property owner or occupier BEFORE ANY
WORK is carried out by Municipal employees.
I HEREBY AUTHORIZE The Corporation of the District of Oak Bay, through its employees
or agents, to supply the necessary materials and perform the following work for the benefit of my
premises at:
________________________________________________.
(Civic Address)
Work Requested:________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
I agree to pay upon demand the cost of all work authorized by this work order including but
not limited to materials, labour and equipment charges, contract costs, engineering costs, and costs
of excavation and reinstatement as determined necessary by the Engineer.
It is agreed and acknowledged that the performance of work by the Municipality or its agents
pursuant to this Work Order is not an admission of liability on the part of the Municipality, its
servants, agents, employees, and assigns.
DATED THIS _____________day of _____________________________, 20__.
______________________________
______________________________
Name of Property Owner or Occupier
Signature
(Please print)
Sewer
Schedule F
Aid to Definition
of Terms
Typical Situation
Property ________ Connection/-· . -------------------------
Line
Sanitary Sewer~
Lateral
Public
Property
~ ---------------------
/
Storm Drain
Lateral
J*rivnte
·,
Bylaw No. 3891
SCHEDULE "G" - Humber Catchment Area
33
SCHEDULE "H" - Rutland Catchment Area
34