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Sewer Regulations and Rates Bylaw No. 1389
TOWN OF OSOYOOS
BYLAW NO. 1389
A Bylaw to regulate extensions, connections, and use of the sanitary sewerage
system and to impose connection charges, inspection fees, user rates and
maintenance charges for the use of sewers.
WHEREAS pursuant the Community Charter, S.B.C. 2003, c. 26 authorizes the Town to
operate a sanitary sewerage system as a municipal service deemed to be necessary or
desirable for all or part of the Town and to regulate in relation to the sewer service;
AND WHEREAS the Town has constructed and is operating and maintaining a system of
sanitary sewers on a self-liquidating basis for the benefit of residents and business property
owners of the Town;
AND WHEREAS it is expedient that all real property within the Town which requires the service
and is capable of being served, should be so served and connected to the sanitary sewerage
system and that the cost of connecting such properties should be paid for in whole or in part by
the owners of the property requiring connection to or which wholly fronts or abuts the sanitary
sewerage system;
AND WHEREAS it is deemed equitable that the cost of operating, maintaining and upgrading
the sanitary sewerage system is paid for by those who directly or indirectly benefit from the
system;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Town of Osoyoos,
in open meeting assembled ENACTS AS FOLLOWS:
Part 1 - Citation
1. This Bylaw shall be cited for all purposes as "Town of Osoyoos Sewer Regulations and
Rates Bylaw No. 1389, 2023".
Part 2 - Definitions
2. In this Bylaw:
"ACTUAL COST" means all costs incurred to complete the works, including but not
limited to engineering services, supply of materials, construction, supervision,
inspection, administration, processing, right-of-way negotiations, acquisitions and
registration, and liaison with, and/or fulfilling requirements of other utilities or agencies.
"AGENT" means a professional engineer or contractor appointed by the Director of
Operations to install and construct a sewer extension or service connection on behalf of
the Town.
"APPLICANT" means an owner or authorized representative for the owner who requests
Sewer Regulations and Rates Bylaw No. 1389
the Town to:
a) install new or alter existing sewer services;
b) approve the use of an existing sewer connection for a new development; or
c) extend a public sewer or sewers and sewer services.
"AUTHORIZED REPRESENTATIVE" means a person retained by the owner and
authorized by the owner to act on the owner's behalf.
"BENEFITING LAND" means a parcel fronting, flanking, or abutting a sewer main
extension or otherwise benefiting from the extension.
"BUILDING BYLAW" means the "Town of Osoyoos Building Code Administration Bylaw
No. 1251, 2009".
"BUILDING INSPECTOR" means the Building Inspector for the Town, or a person
appointed to act in the place of the Inspector.
"BUILDING SANITARY SEWER" means a pipe, including manholes and clean outs laid
on a property connecting a service connection with a house, building, or structure on the
property.
"CONNECTION CHARGE" means the amount due and owing to the Town for the
installation and construction of a service connection as set out in Schedule "B" to this
Bylaw.
"COOKING EQUIPMENT" means equipment, devices or appliances that can be utilized
to prepare a meal within a dwelling unit and includes a sink, counter-top, gas or electric
range or stove, counter-top cooking unit, hot plate, wall oven, microwave oven,
convection oven, toaster oven, electric frying pan, electric wok, pressure cooker, crock
pot, cabinet for storage of food or any other such culinary facility or any combination of
such culinary facilities and includes the arrangement of service lines which provide the
energy source being used or intended to be used to service such facilities.
"COUNCIL" means the Town Council of the Town.
"DESIGN AND CONSTRUCTION STANDARDS" means the documents related to
design and construction standards referred to and incorporated into the Town of
Osoyoos Subdivision and Development Servicing Bylaw No. 1100, 1998.
"DIRECTOR OF FINANCE" means the Director of Financial Services for the Town and
a person appointed to act in the place of the Director.
"DIRECTOR OF OPERATIONS " means the Director of Operational Services for the
Town and a person appointed to act in the place of the Director.
"DOMESTIC WASTE" means waste produced on real property or in premises which is
solely used for residential purposes.
Sewer Regulations and Rates Bylaw No. 1389
"DWELLING UNIT" has the meaning set out in the Zoning Bylaw.
"EXTENSION" or "SEWER EXTENSION" means any installation or construction of
pipes, conduits, sewer mains, appurtenances and other equipment and facilities for
collecting and transporting waste on any highway or Town road right-of-way from the
most suitable existing sanitary sewerage system, having sufficient surplus capacity to
provide service to the real properties to be served, in accordance with the current Design
and Construction Standards. An extension does not include the upgrading or
replacement of any existing part of the sanitary sewerage system, nor does it include
installation or construction of service connections.
"FLANKAGE" means the greater measurement of the boundary of a parcel abutting a
Town road right-of-way, where the parcel abuts more than one Town road right-of-way.
"FRONTAGE" means the boundary of a parcel abutting a Town road right-of-way. Where
the parcel abuts more than one Town road right-of-way other than a lane, the frontage
shall be that boundary having the least measurement.
"FRONT-ENDER" means a person who pays the actual costs of an extension and who
may enter into a latecomer agreement or development cost charge front-ending
agreement or development works agreement with the Town and shall include the
assignee of the latecomer agreement or development cost charge front-ending
agreement or development works agreement.
"GROUNDWATER" means water below the surface of the ground, as defined in Section
1 of the Water Act as may be amended or replaced from time to time.
"HOLDING TANK" means a watertight container for holding domestic sewage until the
domestic sewage is removed for treatment.
"HYDRAULIC HEAD" means the flow of sewage is operating against resistance and the
flow depth is above the crown of the sewer pipe.
"INDUSTRIAL WASTE" means the liquid wastes from industrial manufacturing
processes, trade, or business and is distinct from sanitary waste.
"LANEWAY" means a highway not assigned a name or number which usually provides
direct access to a parcel.
"LATECOMER" means the owner of a parcel within the benefiting lands and who has
not initially participated in the costs of the extension.
"LATECOMER AGREEMENT" means a written agreement in the form prescribed by the
Director of Operations, under which the Town agrees to impose a charge on the
benefiting land and for which there is a front-ender.
Sewer Regulations and Rates Bylaw No. 1389
"LATECOMER CHARGE" means that portion of the actual cost of an extension that the
Town charges each parcel of land within the benefiting lands.
"LOCAL SERVICE TAX" means a tax imposed under Section 216 (local service taxes)
of the Community Charter, S.B.C. 2003, c.26.
"LOW PRESSURE SYSTEM" means a sanitary sewerage system consisting of on-site,
privately owned, operated, and maintained sewage pumps, with service pipes connected
to a Town owned, operated, and maintained low pressure sewage force main or gravity
sewer.
"NON-DOMESTIC WASTE" means all wastewater except domestic waste, stormwater,
uncontaminated water, and trucked liquid waste.
"PROFESSIONAL ENGINEER" means a person who is registered or licensed and in
good standing as a Professional Engineer in the province of British Columbia under the
Professional Governance Act, SBC 2018, c. 47, s. 133, [Engineers and Geoscientists
Regulation] .
"PROHIBITED WASTE" means a waste described in Schedule "D".
"PROPERTY" or "REAL PROPERTY" means land, with or without improvements so
affixed to the land as to make them in fact and in law a part of it.
"REAR OR SIDE YARD SERVICE CONNECTION" means a service connection that
connects the building sanitary sewer with a sewer where the sewer connected does not
front the parcel and includes the inspection chamber and the portion of the service
connection located within any statutory right-of-way or private easement registered on
title to the adjacent parcel.
"REDEVELOP" means changes on or to a parcel proposed and described in an
application for any one or more of the following in relation to the:
a) building permit where the total building value, as defined in the Building Bylaw,
is greater than $140,000;
b) building permit for constructing a new building;
c) subdivision;
d) development permit; or
e) rezoning.
"RESTRICTED WASTE" means a waste described in Schedule "E" of this Bylaw.
"SANI-STATION" means an approved facility to which sewage is transported for
temporary storage.
"SANITARY DEVELOPER REIMBURSED" or "SDR" means a previously constructed
service connection, usually installed by a developer under agreement with the Town.
Sewer Regulations and Rates Bylaw No. 1389
"SANITARY SEWERAGE SYSTEM" means all sanitary sewer works, sewage facilities,
and all appurtenances thereto, including sewer mains, sewer outfalls, service
connections, sewage lift stations, force mains, siphons and treatment facilities owned,
controlled, maintained, and operated by the Town for collecting and transporting waste,
but shall not include storm drains.
"SERVICE CONNECTION" means a service pipe and appurtenances from the sewer to
the property line of a parcel and includes an inspection chamber.
"SERVICING AGREEMENT" has the meaning set out in the "Town of Osoyoos
Subdivision and Development Servicing Bylaw No. 1100, 1988".
"SEWAGE" means water carried wastes from residences, business buildings,
institutional and industrial establishments, and shall include:
a) industrial waste; and
b) sanitary waste exclusive of industrial wastes.
"SEWAGE FACILITY" means works owned, operated, and maintained by the Town or
otherwise under the control or jurisdiction of the Town that gather, treat, transport, store,
utilize or discharge waste.
"SEWAGE PUMP UNIT" means a hydraulic device capable of moving or lifting sewage
from one location to another.
"SEWER" or "SEWER MAIN" means a pipe or conduit, other than a service connection,
and other equipment and facilities, owned, operated, and maintained or otherwise under
the control or jurisdiction of the Town, for collecting and transporting waste either to a
sewage facility or otherwise.
"SEWER CROSS-CONNECTION" means a situation where storm water is intentionally
or unintentionally directly connected to the building sanitary sewer.
"STANDARD METHODS" means the latest edition of "Standard Methods for the
Examination of Water and Wastewater" jointly prepared and published from time to time
by the American Water Works Association, American Public Health Association and the
Water Environment Federation or any successors published standards.
"STORM DRAIN" means a pipe, conduit, manhole, or other equipment intended or
necessary to carry storm water, groundwater, or both.
"STORM WATER" means water resulting from natural precipitation from the atmosphere
and which is intended to be transported in a storm drain.
"TEMPORARY SERVICE CONNECTION" means a connection to the sanitary sewerage
system, granted conditionally by the Director of Operations for a parcel that is not eligible
for a service connection.
Sewer Regulations and Rates Bylaw No. 1389
"TOWN" means the Town of Osoyoos.
"UNCONTAMINATED WATER" means:
a) water in its natural state, that, after use for any purpose, is not substantially
changed from its natural state as to chemical or biochemical qualities or
temperature;
b) water supplied by municipal works that, after use for any purpose, is not
substantially changed from its state at the point of delivery from the municipal
works as to chemical or biochemical qualities or temperature; and
c) clean water from roof drains, building foundations, wells, and cisterns;
"USER CHARGE" means the amount of money charged to owners whose parcel or
premises are served directly or indirectly by the sanitary sewerage system, and
calculated on various factors all of which are set out in Schedule "B" to this Bylaw.
"WASTE" means any substance whether gaseous, liquid, or solid, that is discharged or
discarded, directly or indirectly, to a Sewer or Sewage Facility.
"ZONING BYLAW" means "Town of Osoyoos Zoning Bylaw No.1085, 1998".
3. The provisions of this Bylaw apply to all extensions and connections and direct or indirect
discharges to any part of the sanitary sewerage system under the control of the Town.
4. The Director of Operations shall administer this Bylaw except Part 6 and the associated
schedules, which shall be administered by the Director of Finance.
Part 3 - General Provisions
5. Unless otherwise indicated, A reference to a statute or regulation in this Bylaw refers to
an enactment of British Columbia, and any reference to such enactments or a bylaw of
the Town refers to those enactments as amended or replaced from time to time.
6. In this Bylaw words importing the male gender includes any gender, and words importing
singular number include the plural number and vice versa.
7. Schedules A, B, C, D and E are attached to and form part of this Bylaw.
Applicability of Bylaw
8. This Bylaw shall have reference and apply to the sanitary sewerage system.
Role of the Director of Finance and Director of Operations
9. For the purposes of this Bylaw the Director of Finance shall have charge of the rating of
all buildings and premises supplied with sewer services and the Director of Operations
shall have charge and control of all properties and works in connection with the sanitary
sewerage system and of all connected engineering and mechanical work.
Sewer Regulations and Rates Bylaw No. 1389
Supply of Sewer Services Throughout the Town
10. The Town may provide sewer services to the inhabitants of the Town who can be
served from the Town's sanitary sewerage system and the provisions of this Bylaw
shall extend to and be binding upon all persons so served.
No Obligation to Provide Service
11. Nothing in this Bylaw shall obligate the Town to provide sewer services to any person
when:
a) In the opinion of the Director of Finance, the cost of laying the sewer mains to
the premises of the person would be excessive and create an additional burden
upon the revenues of the sanitary sewerage system, unless the person shall pay
to the Town the cost of laying the sewer mains to the person's premises and the
trunk sewer mains to which such sewer mains are to be connected are of
sufficient capacity to provide the sanitary sewerage service;
b) the capacity of the sanitary sewerage system is insufficient to provide the service;
or
c) the premise to be served is located outside the boundaries of the Town.
Conditions of Service
12. 1) The Town shall not be liable for the failure of the sanitary sewerage system in
consequence of any accident or damage to the sanitary sewerage system,
breakdown or malfunction of the sanitary sewerage system or the connection,
or any temporary stoppage from blockages, alterations or repairs, whether the
failure arises from the negligence of any person in the employ of the Town or
any other person or through natural deterioration or obsolescence of the
sanitary sewerage system, or otherwise. In the event of failure or stoppage
continuing for more than thirty (30) consecutive days, an equitable reduction
may be made on all user charges for service affected by the failure or stoppage,
in the Town's sole discretion.
2) The entire length of the service pipes from the sewage pumps to the Town low
pressure sewage force main or gravity sewer is private, even that portion within
the public right-of-way.
Collection and Transportation of Waste
13. The Town does not guarantee service. The Town reserves the right at any and all
times, without notice, to change operating conditions of the sanitary sewerage
service or service connection, for the purposes of making repairs, extensions,
alterations or improvements, or for any other reason. Neither the Town, its officers,
employees, or agents shall incur any liability of any kind whatever by reason of the
cessation in whole or in part of the sanitary sewerage system or changes in
operating conditions.
14. 1) Owners or persons depending on continuous and uninterrupted disposal of
waste shall provide on the parcel and at their cost, such necessary equipment,
and facilities suitable to their requirements.
Sewer Regulations and Rates Bylaw No. 1389
2) Holding tanks are not allowed on any parcel within Town boundaries, and the
Town will not permit a service connection to a parcel that contains a holding
tank.
Part 4 - SEWER EXTENSIONS
General Conditions
15. All extensions to the sanitary sewerage system shall be undertaken, installed,
constructed, operated, maintained, upgraded, and replaced in accordance with the terms
and conditions of this Bylaw. No person other than an authorized person from the Town
shall remove or alter the sanitary sewerage system.
16. The cost of all extensions shall be paid for in accordance with applicable statutes and
the provisions of this Bylaw.
17. All installing, constructing, operating, maintaining, upgrading, and replacing of
extensions of the sanitary sewerage system and service connections must be in
accordance with and in conformity to the Town's Design and Construction Standards.
18. An extension to the sanitary sewerage system is not permitted if the Director of
Operations determines that:
a) any part of the downstream sanitary sewerage system has inadequate
capacity to meet the proposed additional service requirements; or
b) the proposed extension would cause the Town to expend an inordinate
amount of time, effort, or money to operate and maintain the extension,
in comparison to the revenue that it would generate.
Town Funded Extensions
19. Sewer extensions which the Town bears any portion of the cost, shall only proceed
provided the costs are:
a) recoverable in whole or in part from each of the existing as well as future
parcels of land that will be served by the extension;
b) within the limit of the funds so allocated for these purposes within the
current annual budget and any other capital funds provided by the
Town; and
c) not excessive as determined by Council.
Application for Sewer Extensions
20. All applications for sewer extensions shall be made in writing to the Director of
Operations. The Director of Operations wil review the application, determine the
practicality and feasibility of such an extension, estimate the cost of the proposed
extension, and notify the applicant that the application has been approved or denied.
21. The cost payable by an applicant shall be the actual cost to extend the sewer on a
Sewer Regulations and Rates Bylaw No. 1389
legally designated road allowance or a right-of-way acceptable to the Director of
Operations, from the most suitable existing sewer as determined by Director of
Operations, to a point opposite the farthest boundary of the last parcel of land to be
served or to such point as the Director of Operations determines is appropriate. In
addition, the costs of service connection(s) to the applicant's property, and the costs of
right-of-way acquisitions shall be added to and form part of the costs in providing the
extension.
22. Only after an applicant has deposited with the Town an amount of money or equivalent
security equal to the estimated cost of the proposed extension as calculated by the
Director of Operations, may employees or contractors of the Town proceed to install
and construct the extension.
23. The Director of Operations may appoint an applicant as an agent of the Town to carry
out the design, installation, and construction of an extension subject to the applicant
agreeing:
a) to have the extension designed, installed, and constructed in accordance with
the Town's Design and Construction Standards respecting size, depth, grades
as well as other specifications and conditions that the Director of Operations
stipulates; and
b) to satisfy the conditions listed in Schedule "A" to this Bylaw.
24. An applicant wishing to construct an extension at the applicant's own expense must:
a) enter into an agreement with the Town containing conditions listed in
Schedule "A" to this Bylaw; and
b) pay to the Town all fees in accordance with Schedule "A" to this Bylaw.
Upsizing of Sewer Mains
25. Where the Director of Operations determines that a sewer main of greater capacity
should be installed than is required to provide service to the parcels for which an
application for an extension has been made, the applicant will upsize the sewer main,
and the Town shall pay the cost of providing the excess capacity in accordance with
Council policy, if the required funds are available.
Recovery of Town Costs
26. Where the Town has incurred capital costs for an extension, the owner of the
benefiting land shall pay the local service tax or latecomer charge prescribed under the
relevant bylaw or agreement.
27. The payment of part or all of the installation and construction costs by any applicant for
an extension shall not be construed as a guarantee by the Town with respect to
continuity or adequacy of service.
Sewer Regulations and Rates Bylaw No. 1389
Part 5 - SEWER CONNECTIONS
Eligibility for Service Connection
28. 1) Subject to approval by the Director of Operations, an owner of real property
may obtain a service connection if the parcel to be serviced abuts on the
sanitary sewerage system for the entire frontage or flankage of the parcel,
the parcel is located within the Town, there are no downstream capacity
concerns, and the waste generated thereon is permissible to be discharged
into the sanitary sewerage system and, whenever feasible, can be
discharged by gravity. The owner shall apply to the Town for a service
connection in accordance with the requirements of this Bylaw.
2) For the purposes of Section 28(1), a parcel will not be considered to be
fronting on the sanitary sewerage system where the sanitary sewerage
system in question is a force main, other than a low-pressure sewage force
main.
3) Where two or more parcels share an existing service connection, the owner
of each parcel is responsible for complying with the obligations of an owner
under this Bylaw.
29. When extending the sanitary sewerage system, and where a parcel partially abuts the
sanitary sewerage system, a proposed service connection will only be considered if the
length of the sewer abutting the parcel exceeds the minimum lot width permissible
under the Zoning Bylaw for the current zoning of the parcel.
30. Where a parcel partially abuts the sanitary sewerage system, but the length of the
abutting sewer does not meet the criteria of Section 29, connection to the sanitary
sewerage system may be permitted by the Director of Operations on a temporary basis
pursuant to Section 48 of this Bylaw.
31. In the event that the waste generated on a parcel cannot be drained to the sanitary
sewerage system by gravity, or in the event that the sewer on the street is operating or
may operate under hydraulic head, the owner of the parcel may be granted a service
connection as a low-pressure system provided that, as a pre-condition of the service,
the owner agrees:
a) to register a restrictive covenant on title to the land in a form acceptable to
the Director of Operations stipulating that the service connection is
governed by the terms and conditions of this Bylaw and the Building Bylaw.
b) to pump the waste by means of a sewage pump unit designed by a
professional engineer and located on the owner's parcel; and
c) to install the sewage pump unit and the associated force main in
accordance with the engineered design, and to operate, maintain, repair,
and replace the sewage pump unit, force main and all appurtenances, all
at the owner's expense.
32. Every parcel that abuts a sewer must have a separate service connection installed by
Town employees, contractors, or agents. Only with the written, conditional permission
of the Director of Operations may any other person install or construct a service
Sewer Regulations and Rates Bylaw No. 1389
connection.
33. Where two or more buildings exist on one parcel and where the buildings can be
legally separated by subdivision of the land, each building must have a separate
service connection unless the owner agrees to and registers a restrictive covenant on
title to the land in a form acceptable to the Director of Operations that disallows future
subdivision of the parcel.
Application Process for a Service Connection
34. 1) A person must not connect any building to a service connection until either the
person or the person's authorized representative.
a) receives authorization from the Town, as part of a subdivision approval
or a building permit application process regulated by the Town's
Subdivision and Development Servicing Bylaw No. 1100, 1998;
b) completes an application for sewer service and an agreement in a form
approved by the Director of Operations; and
c) the application is approved by the Director of Operations.
2) Every applicant must provide true and accurate information as to all details in
the application and agreement submitted under this section.
3) An application for sewer service must include the following:
a) application information containing
i.
owner name,
ii.
telephone number, and
iii.
billing address;
b) a description of the service required, including
i.
service address,
ii.
house type,
iii.
new or existing installation,
iv.
type of service,
v.
size of service,
vi.
location at property line, and
vii.
invert at property line.
4) Receipt of an application does not guarantee that the service will be provided.
5) Inspection and testing by the Building Inspector is mandatory.
6) Installation details must be provided to the Director of Operations by the first
working day following the installation of the service, which includes the following:
a) installation date;
b) size of service;
c) location of property line;
d) invert at property line;
e) length of connection;
f) depth of main;
g) distance from Wye to manhole;
Sewer Regulations and Rates Bylaw No. 1389
h) measured from manhole;
i) riser;
j) type of pipe;
k) service type.
35. Every application for a service connection must be accompanied by the applicable
connection charge.
36. The installation and construction of a service connection must be commenced within
ninety (90) days of approval of the application.
37. If a service connection, temporary or permanent, is not practicable, the Director of
Operations will notify the applicant within sixty (60) days and the Town will refund any
charges paid by the applicant.
38. 1) When there is an application to redevelop a parcel, the following shall apply to the
service connection and the building sanitary sewer:
a) If the service connection or building sanitary sewer is constructed with
non-standard materials (such as vitrified clay, asbestos cement, no-
corrode, or other non-standard materials) or conditions that do not
conform with the Town's Design and Construction Standards, all non-
conforming works shall be replaced.
b) If the service connection or the building sanitary sewer is constructed
with standard materials and practices, the owner must provide a video
inspection from a pipe assessment certification program (PACP)
certified contractor and recommendation for the Town from the last two
years to review or contract the Town to complete the inspection. The
owner shall repair or replace the service connection or the building
sanitary sewer, or both, if the Director of Operations determines that: it
contains defects or deficiencies, including excessive damage; is not in
adequate condition for service; does not meet the Town's Design and
Construction Standards;
c) If the service connection or building sanitary sewer is 35 years old or
older, and is connected to a low-pressure system, the service
connection or building sanitary sewer shall be pressure tested where
practicable and upgraded to meet the current low-pressure system
standards as outlined in the Town's Design and Construction
Standards;
d) Any shared service connections or building sanitary sewers shall be
replaced with separate service connections or building sanitary sewers,
or both, complete with inspection chambers, for each building;
e) Any rear or side yard service connections must be abandoned where a
frontage service connection is feasible and a new service connection to
the fronting sewer must be installed. A frontage service connection is
considered to be feasible where a fronting sewer exists, and the
installation of the new service connection is not obstructed by existing
utilities. If a sewage pump unit is required on the parcel to connect to
the fronting sewer, the owner shall register a restrictive covenant on the
title to the parcel in a form satisfactory to the Town setting out the
Sewer Regulations and Rates Bylaw No. 1389
sewage pump unit requirements;
f) If there is no existing fronting sewer for the parcel, the replacement
service connection can be made to any other existing sewer, as
approved by the Director of Operations, however, the service
connection will be treated as a temporary service connection and the
conditions described in Sections 48 through 50 of this Bylaw shall apply
to the parcel, the owner and the service connection;
g) Despite Sections 38(e) and (f), if the rear or side yard service
connection is connected to a sewer that is located in a Town-owned
paved laneway, the rear or side yard service connection can remain in
the existing location provided the requirements of paragraphs (a)
through (d) of this Section are met;
h) Despite paragraph (g), the continued use of the rear or side yard service
connection in any laneway is subject to the approval by the Director of
Operations;
i) Despite paragraphs (e) and (f), renovations to an existing building on a
parcel where the combined building value is less than or equal to
$140,000 are exempt from the requirements of this Section 38;
j) Tenant improvements made to commercial buildings greater or equal
to $140,000 will require inspection of the service connection and
building sanitary sewer, but replacement of service connections for
renovations that do not materially change the amount of waste
produced, are at the discretion of the Director of Operations; and
k) All costs associated with meeting the requirements of Section 38 are
the responsibility of the owner.
2) The Director of Operations may waive part of the requirements of Section 38
(1) of this Bylaw if they deem the cost of the replacement excessive.
3) The Director of Operations may expressly appoint an applicant as an agent of
the Town to carry out the design, installation, and construction of a service
connection in accordance with the Town's Design and Construction Standards
respecting size, depth, grades as well as other specifications and conditions
that the Director of Operations stipulates.
Payment of Connection Charges by Installments
39. An owner, at the time of applying for a service connection may, subject to the approval
of the Director of Operations, pay the connection charge amortized at the annual rate
of interest as determined by the Town, payable in five (5) equal annual installments,
with the first installment becoming payable upon the parcel being connected to the
sanitary sewerage system. For the purpose of this Section, an annual installment shall
be a percentage of the connection charge set out in Schedule "B" of this Bylaw.
40. In all cases where a service connection becomes payable by installments pursuant to
Section 39, the Director of Operations will file with the Director of Finance a certificate
signed by the Director of Operations, setting forth the parcel and particulars of the
connection charge payable and the annual installments.
Sewer Regulations and Rates Bylaw No. 1389
41. Upon receipt of a certificate from the Director of Operations, the Director of Finance will
enter the installments on the assessment roll of the Town in accordance with the
certificate and this Bylaw.
42. All installments of connection charges placed on the assessment roll pursuant to
Section 41 and remaining unpaid after the 31st day of December in any year will be
deemed to be taxes in arrears in respect of the parcels served by the service
connections and will be recoverable by the Town as such.
43. Payment by installments will not be allowed if application for a service connection is
made in relation to the construction of a building or other structure on vacant land. In
such case, payment of the connection charges must be made in full at the time of
application for a building permit.
44. Nothing contained in this Bylaw is deemed or held to exempt any owner or occupier of
any land or premises from liability for payment of rates and charges imposed and
levied for the repayment of the costs of constructing trunk sewer mains, treatment and
pumping plants and equipment and their maintenance and operation, or from liability
for payment of connection charges enumerated in Schedule "B", and for maintenance
and operations of the sanitary sewerage system.
Service Connection Location
45. 1) Where practical the service connection will be located where requested by the
applicant. In the event the applicant's preferred location is not practical due to the
existence of installed or proposed surface improvements or is in conflict with
installed underground utilities or impractical owing to topographic or vegetative
features, the Director of Operations will designate the location of the service
connection to each parcel of land or premises.
2) If any part of the service connection is damaged or destroyed by the owner, or
the owner's tenants, guests or invitees, the owner is responsible for any costs
to repair the service connection or any part or parts of it following the Town's
Design and Construction Standards.
Pre-Servicing with a Service Connection
46. Where street surface improvements, sewer construction or other improvement projects
are scheduled for installation by the Town during a current budget year or where the
Director of Operations deems it prudent and cost-effective to install a service
connection to any parcel that does not have a service connection, the Director of
Operations may order a service connection to be installed regardless of whether or not
any improvement is constructed on the parcel, and the cost of the service connection
will be recovered in accordance with the conditions set out within this Bylaw.
Sewer Regulations and Rates Bylaw No. 1389
Additional Service Connections
47. If additional service connections are required, the owner must apply to the Town and
pay the appropriate costs to construct such connections plus any latecomer charges
and local service tax that may be applicable. Additional service connections will only be
permitted subject to the approval of the Director of Operations.
Temporary Service Connection
48. An owner of a parcel which does not front the sanitary sewerage system and upon
which the current method of sewage disposal system no longer functions to the
satisfaction of the Medical Health Officer of the Interior Health Authority, may apply for
a temporary service connection and may be approved for a temporary service
connection by the Director of Operations, at a location determined by the Director of
Operations provided that all of the following requirements are met:
a) The quality and quantity of waste generated on the parcel and its rate of
discharge must not detrimentally affect the downstream sanitary sewerage
system.
b) Such a temporary service connection will serve only one parcel for which
the temporary service connection is granted.
c) The applicant must pay the actual cost with respect to the design,
installation, and inspection of all of the works necessary to effect a
connection to the sanitary sewerage system at the location determined by
the Director of Operations.
d) By accepting a temporary service connection, the applicant acknowledges
the commitment to support and pay the applicant's respective share of a
local service tax or latecomer charge as may be applicable in the future for
a sewer installation to serve the parcel.
e) The applicant agrees to connect the premises for which the temporary
service connection is provided by installing all necessary works, including
any off-site works within the Town's road or lane allowance, or right-of-way,
or easement. The applicant must obtain a Town road and right-of way
permit, a plumbing permit, and comply with all requirements of the "Traffic
Bylaw No. 1256, 2009" for off-site works on the Town's Road or lane
allowance, or right-of-way, or easement. Where a temporary service
connection or the building sanitary sewer is permitted by the Director of
Operations to be installed through private lands not owned by the applicant,
an easement to which the Town is a party must be executed and registered
in the Land Title Office before any connection is permitted by the Town.
f) The applicant agrees to remain responsible for all maintenance and upkeep
of the works from the point where the works connect to the Town's sewer
to the building or structure for which the temporary service connection is
provided, including all off-site works on the Town's Road or lane allowance,
or right-of-way, or easement, and/or on lands not owned by the applicant.
g) The temporary service connection is acknowledged to be for a temporary
duration and the Town may discontinue service in any of the following
circumstances:
(i) an application is made by another person for an extension along the
street or road allowance upon which the parcel served by a
temporary service connection fronts;
Sewer Regulations and Rates Bylaw No. 1389
(ii) the Town or others decide to proceed with the construction of a
sewer on the street, lane or road allowance upon which the parcel
has frontage;
(iii) if the building sanitary sewer and/or service connection is
improperly maintained;
(iv) if waste generated on properties other than the parcel allowed the
temporary service connection is being discharged through the
temporary service connection; or
(v) if the owner of the parcel with the temporary service connection
contravenes any of the provisions of this Bylaw.
h) The owner agrees to connect to the fronting sewer once it has been
installed and to discontinue use of the temporary service connection. Any
works required on the parcel to connect the building sanitary sewer to the
fronting sewer and disconnect and abandon the temporary service
connection shall be at the owner's sole cost.
49. Where a temporary service connection is discontinued, the owner of the parcel must
pay:
a) the costs incurred by the Town to disconnect and remove the temporary
service connection;
b) the connection charge with respect to the new sewer main; and
c) any applicable local service tax and latecomer charge.
50. Every owner of a parcel to be granted a temporary service connection must register a
restrictive covenant on title stipulating that the temporary service connection is
governed by the terms and conditions of this Bylaw.
Rear or Side Yard Service Connections
51. 1) Every owner of a parcel that installs a new or replacement rear or side yard service
connection is responsible for the operation, maintenance, repair and replacement
of the rear or side yard service connection from the building on the parcel to the
point where it connects to the sewer main, provided the rear or side yard service
connection is permitted by the Director of Operations. The owner must obtain a
Town road and right-of-way permit, a plumbing permit, and comply with all
requirements of the "Traffic Bylaw No. 1256, 2009" for off-site works on the Town's
Road or lane allowance, right-of-way, or easement.
2) A new or replacement rear or side yard service connection shall be considered
a temporary service connection and the conditions described in Sections 48 to
50 of this Bylaw shall apply to the parcel, the owner, and the service
connection.
3) Sections 51.1, 51.2 and 77 of this Bylaw apply to rear or side yard service
connections installed after the date of final adoption of this Bylaw.
Sewer Regulations and Rates Bylaw No. 1389
Specific Prohibitions
52. A person must not uncover, connect, or attempt to connect or be allowed to be
connected or remain connected to a service connection or to a sewer, parcel, or
premises otherwise than in accordance with this Bylaw.
53. The owner of a parcel that is intended to be connected to a service connection or to a
sewer must first
a) apply to and obtain approval from the Director of Operations; and
b) pay the applicable charges;
and must not commence the use of the service prior to having been granted formal
occupancy permit for the use of the premises. In addition to any penalty that may
be applicable for contravention, the Director of Operations may cause the building
sanitary sewer to be disconnected and the service stopped up or closed; and may
establish conditions and requirements which the owner must fulfill before the
service can be reinstated.
54. A person must not bury, cover, or obstruct, at any time, or in any manner, the access
to any manhole, inspection chamber, or other fixture connected with the sanitary
sewerage system, by placing thereon or in the vicinity thereof, any fencing or other
impediments, landscaping, lumber, timber, wood, brick, stone, gravel, sand or other
materials or things. The Director of Operations may order the removal of the
obstruction and the expense of the removal and reinstatement of the sanitary
sewerage system will be charged to and paid by the person found responsible for the
obstruction in addition to any other penalty imposed by this Bylaw.
55. An owner, occupant or tenant of real property serviced by the sanitary sewerage
system must not accept or emit any waste or other material or substances or permit or
allow them to be brought in or discharged from any property, place, or person other
than the waste generated within the property to which the service is provided.
56. Except as provided under Section 23, a person must not engage in work of any kind
connected with the sanitary sewerage system, either for the laying of new, or repairing
of old pipes other than an employee or agent of the Town.
Low Pressure Systems
57. A person must not change the pumping characteristics of the low-pressure system
within a parcel connected to a low-pressure sewer, unless otherwise approved in
writing by the Director of Operations.
58. The owner is responsible for the operation, maintenance, repair, and replacement of
the low-pressure system including pump unit(s), controls, entire force main and all
auxiliary components, from the building to the connection to a Town's low-pressure
sewer. The owner shall register a restrictive covenant to this effect on title to the
property. The owner must obtain a Town road and right of-way permit before
conducting any works within public rights- of-way.
Sewer Regulations and Rates Bylaw No. 1389
59. 1) The owner is responsible for isolating their connection to the Town's low-
pressure sewer in order to safely conduct maintenance, repairs or replacements
on the owner's portion of the low-pressure system. If required, the Town shall
assist the owner with isolating flows from the Town low pressure sewer in order
for the owner to conduct work, at the owner's cost. The owner must obtain
Town road and right-of-way permit, including security deposits, before
conducting any works within a public right-of-way.
2) The owner is responsible for the clean-up, collection, and disposal of any
accidental waste discharge from the owner's portion of the low-pressure
system. The owner shall notify the Town and local health authorities of the
waste discharge. The Town will also notify the local health authorities
provided the Town is aware of the waste discharge.
3) To the extent that any portion of the private force main constructed under
the Town's Road allowance or a statutory right-of-way fails due to an act of
omission or negligence of the owner, and the owner refuses or fails to repair
that portion of the force main, the Town may undertake the repairs and bill
the owner for the actual cost incurred by the Town.
60. Where the Town determines that a private sewage pump unit or force main is
contributing to odour issues in the Town's low-pressure sewer or sewer main, the
Director of Operations may direct the owner to institute odour mitigating measures,
including but not limited to chemical dosing on the private system, as directed by the
Town to mitigate the odour issues, at the owner's cost.
Building Sanitary Sewer
61. Every owner shall construct building sanitary sewers in strict compliance with the
Building Bylaw and shall operate and maintain the building sanitary sewer, including
clearing any blockages in the building sanitary sewer which are directly attributed to
the discharge from the parcel in accordance with the provisions and requirements of
this Bylaw. Maintenance of the building sanitary sewer shall include, but is not limited
to, the repair and/or replacement of any portion of the building sanitary sewer that is
not in proper working condition or that allows for the discharge of any storm water or
the infiltration of any groundwater into the sanitary sewerage system.
62. All materials, fixtures or devices used or entering into the construction of plumbing
systems or parts thereof, must conform to the minimum applicable standard set forth in
the Building Bylaw unless otherwise provided for in this Bylaw.
63. If after receiving written notice from the Director of Operations, an owner fails to
operate, maintain, repair or replace a building sanitary sewer that does not meet the
requirements of this Bylaw, the Director of Operations may direct Town employees or
agents to enter the parcel to undertake the work necessary to bring the building
sanitary sewer into compliance with this Bylaw, in which case the Town may recover
actual costs from the owner in the same manner as for property taxes.
64. All plumbing within the bounds of a parcel must be in strict compliance with the
provisions of the Building Bylaw. The Director of Operations may require that plumbing
Sewer Regulations and Rates Bylaw No. 1389
within the bounds of a parcel be subjected to appropriate tests for hydrostatic and/or
structural integrity. The cost of these tests, provided they are not the initial tests done
at the time of installation, shall be borne by the Town if it is proven that the plumbing
complies with the Building Bylaw. Should the tests prove otherwise, the costs of the
tests and the remedies shall be borne by the owner of the parcel. The Director of
Operations may withhold permission to connect to the Town's sanitary sewerage
system until any required remedial work is completed to the satisfaction of the Director
of Operations.
65. 1) Fat, oil, and grease interceptors shall be provided on the building sanitary sewer for
all food sector establishments. Interceptors will be required for other types of
businesses, when in the opinion of the Director of Operations they are necessary
for the proper handling of liquid waste containing fat, oil, or grease. All interceptors
shall be of a type and capacity approved by the Director of Operations and shall be
located as to be readily and easily accessible for cleaning and inspection. Where
installed, all interceptors shall be maintained by the owner at the owner's expense
in an operable and functional state at all times. The Director of Operations may
prescribe the manner and the frequency of maintenance and may require that the
owner periodically provide acceptable proof of maintenance to the Director of
Operations.
2) Oil, grit, and sand interceptors shall be provided on the building sanitary sewer
for all automotive garages, automobile service stations, and vehicle and
equipment washing establishments. Interceptors will be required for other
types of businesses, when in the opinion of the Director of Operations they are
necessary for the proper handling of liquid waste containing oil, grit, sand or
other suspended materials. All interceptors shall be of a type and capacity
approved by the Director of Operations and shall be located so as to be readily
and easily accessible for cleaning and inspection. Where installed, all
interceptors shall be maintained by the owner at the owner's expense in an
operable and functional state at all times. The Director of Operations may
prescribe the manner and the frequency of maintenance and may require that
the owner periodically provide acceptable proof of maintenance to the Director
of Operations.
Procedure After Service Connection
66. Every owner of a parcel who connects to the sanitary sewerage system from
previously having a septic disposal system shall:
a) discontinue use of the septic tank;
b) remove and properly dispose of septic tank contents; and
c) either dismantle and remove the septic tank, or fill the tank with fresh earth,
sand, gravel, or any filler material approved by the Towns Building
Inspector.
Compulsory Connection and Exemption
67. Every owner of real property fronting or abutting a sewer whose sewage disposal
system on the parcel fails to meet the standards set out under the Public Health Act,
Sewer Regulations and Rates Bylaw No. 1389
S.B.C.2008, c. 28 shall connect to the sanitary sewerage system within the time frame
set out in the notification.
68. If an owner fails to comply with Section 67 within the time frame set out by notice, and
in addition to any other penalty that may be imposed by this Bylaw, the Director of
Operations, may have the work done at the expense of the owner, and the Town may
recover the actual cost of the work done from the owner in the same manner as for
property taxes.
69. Where a building or structure situated on real property is served by an existing system
of sewage disposal which has been constructed and is functioning as required by the
Public Health Act, and there is no Town requirement to connect to the sanitary
sewerage system, the existing system may remain.
Failure of Service
70. The owner is responsible for failures in the building sanitary sewer. The owner shall
pay all costs associated with the services and repairs of the building sanitary sewer. If
a sewer or service connection, which is not part of a low-pressure system, becomes
stopped or otherwise fails to function, the owner or occupier of the premises served
shall promptly notify the Director of Operations. The Director of Operations shall, as
soon as reasonably practicable, arrange to have the sewer or service connection
unstopped or otherwise restored to serviceable condition.
71. Where a parcel is serviced by a rear or side yard service connection, the owner is
responsible for failures in both the building sanitary sewer and the rear or side yard
service connection. Where a failure of the building sanitary sewer or the rear or side
yard service connection is proved to be caused by flow obstructions in the Town's
sewer, the owner shall promptly notify the Town and the Town shall, as soon as
reasonably practicable, arrange to have the sewer restored to a serviceable condition.
72. Where there is no inspection chamber installed on the service connection at the
property line, or the inspection chamber is not visible, has been buried, covered, or
obstructed, the owner is responsible to determine the location of the blockage. The
owner shall hire a certified plumber to go through an access point on the private side to
locate and mark the blockage, using a video camera with a locator. A Town employee,
contractor, or agent shall be on site to witness the location work as determined by the
Director of Operations. If assistance is provided to the owner to locate and expose the
service connection or inspection chamber, the actual cost of the work shall be the
responsibility of the owner. The cost and effort required to remove and replace
material, structures, and improvements covering or obstructing the inspection chamber
and the reinstatement of the area to its previous state shall be the responsibility of the
owner. An inspection chamber must be installed at the property line as part of the
restoration works at the Town's cost.
73. Where the blockage is found in the building sanitary sewer, the owner shall be
responsible for all costs to locate and remove the blockage, repair the service, and
reinstate the area to its previous state. Where the blockage is found to be located in
the sewer or the service connection, the Town will, at its cost, locate and remove the
blockage, repair the service connection or the sewer, and pay reasonable direct costs
Sewer Regulations and Rates Bylaw No. 1389
necessary to initially expose the service connection or the sewer. However, if the
blockage in the service connection can be attributed to an act of negligence by the
owner or occupant of the parcel serviced by the service connection, the owner will be
responsible for actual costs to repair and reinstate the service connection. This Section
does not apply to connections to low pressure systems.
74. Where any blockage is found to exist in the building sanitary sewer, and where the
owner fails to repair the stoppage or other failure, the Director of Operations may direct
employees or agents of the Town to undertake the repairs, in which case the owner
shall be responsible for the actual cost incurred by the Town in restoring the service
and unstopping the building sanitary sewer. The costs shall be paid by the owner upon
demand, and if unpaid by December 31st of the year in which the work is done, are
deemed to be taxes in arrears on the real property and may be dealt with in the same
manner as for property taxes. This Section does not apply to connections to low
pressure systems.
75. Where any sewer, service connection, or building sanitary sewer is part of a low-
pressure system, the owner shall cause the blockage to be removed, at the owner's
cost, regardless of the location in the building sanitary sewer or service connection. If
the blockage occurs within the road right-of-way the owner must first obtain a Town
road and right-of-way permit prior to conducting any work.
Discontinuation and Reinstatement of Service
76. In the event that a building or structure is removed from a parcel or is destroyed or is
damaged to the extent that it can no longer be put to any legally permitted use, the
owner shall notify the Town in writing of the need to discontinue use of the service
connection. Upon receipt of written approval from the Director of Operations, the owner
shall, at the owner's expense, effectively cap the downstream side of the building
sanitary sewer a minimum of 2 metres or the depth of the inspection chamber from the
property line. This condition must remain for the interim period during which the service
connection is not in use. In the case of service connections on vacuum sewers, the
Director of Operations will arrange, at the owner's expense, to effectively cap the
service connection at the sewer and remove the vacuum valve. In the case of service
connections on low pressure systems, the Director of Operations will arrange, at the
owner's expense, to effectively cap the service connection at the Town's low pressure
sewage force main or gravity sewer.
77. In the circumstances described in Section 76, if the owner's intention is to not ever use
the service connection, the owner shall notify the Director of Operations in writing of
that intention. Upon receipt of written approval from the Director of Operations, the
owner shall, at the owner's expense, effectively have the inspection chamber removed,
and the service connection capped at the inspection chamber and grouted internally at
the main and the connection interface location, or use an alternate method approved
by the Town. In the case of service connections on vacuum sewers, the Director of
Operations will arrange, at the owner's expense, to remove the vacuum chamber and
effectively cap the service connection at the sewer.
Sewer Regulations and Rates Bylaw No. 1389
Prohibited Waste
78. A person must not permit, allow, or suffer sludge, material or deposit contained in a
septic tank to enter the sanitary sewerage system.
79. A person must not discharge or allow or cause to be discharged into the sanitary
sewerage system any:
a) prohibited waste;
b) water or any other substance for the purpose of diluting any non-
domestic waste discharged into a sewer to meet acceptable tolerance
standards within this Bylaw; or
c) anything in a concentration or quantity which may be or may become a
health or safety hazard to personnel operating or maintaining the sewers
or the sanitary sewerage system or which may cause damage or interfere
with the proper operation of a sewer or the sanitary sewerage system or
which may injure or is capable of injuring any property, or health of any
person or any life form.
80. No person may discharge or continue to allow to be discharged into a building sanitary
sewer or the sanitary sewerage system any storm water or permit any groundwater
infiltration.
81. 1) Where groundwater is found to be discharging into the building sanitary sewer of
a parcel, the owner of the parcel shall be responsible for all costs to correct the
cause of the groundwater discharge, repair the building sanitary sewer and
reinstate the area to its previous state.
2) Where a sewer cross-connection is found on private property, the owner of
the parcel shall be responsible for all costs to correct the cause of the sewer
cross-connection and will be subject to a sewer cross-connection
surcharge as determined by the Director of Operations.
Restricted Waste
82. A person must not discharge or allow or cause to be discharged into a sanitary
sewerage system any:
a) restricted waste; or
b) uncontaminated water.
83. Sanitary waste from recreational vehicles must be discharged into approved sani
stations.
84. Nothing in this Bylaw absolves a person discharging waste from complying with any
regional, provincial, or federal enactment.
85. No person shall discharge or allow or cause to be discharged into a sewer or sewage
facility any restricted waste unless the person has a current valid permit in writing from
the Director of Operations and the restricted waste is discharged strictly in accordance
with the terms and conditions of the permit.
Sewer Regulations and Rates Bylaw No. 1389
86. Any person discharging any sewage, substance or matter regulated or prohibited by
this Bylaw to the sanitary sewerage system, may be disconnected from the sanitary
sewerage system and the service stopped up or capped by the Director of Operations.
The owner shall pay the actual cost to disconnect the service connection and any
charges levied by other authorities and must comply with all conditions of reconnection
for compliance with this Bylaw that may be imposed by the Director of Operations.
Inspection and Monitoring
87. The Director of Operations and appointed employees or agents of the Town may enter
on or into real property, and may bring all associated inspection equipment, for the
purpose of inspecting the premises including building sanitary sewer, drains, fixtures
and any other apparatus used with the service connection or plumbing system, as well
as to observe, measure, sample and test the quantity and nature of sewage being
discharged into the sanitary sewerage system, to ascertain whether the requirements
of this Bylaw are being complied with.
88. The Director of Operations may require that a person who is discharging or has
discharged any non-domestic waste into the sanitary sewerage system, either directly
or indirectly, must, at the person's own expense, install and maintain a control manhole
at a location that the Director of Operations considers suitable for the inspection,
measuring and sampling of the non-domestic waste. If the Director of Operations
determines that one or more existing manholes are suitable for the purpose of
inspecting, measuring, and sampling, the Director of Operations may designate one or
more of such manholes as control manholes.
89. The owner of real property where a control manhole has been installed must ensure
that the manhole is accessible and is maintained in good condition at all times.
90. The Director of Operations may require that a person who is discharging or has
discharged any material or substance into the sanitary sewerage system undertake at
that person's expense measuring, sampling and analysis of the material or substance
discharged, and that the data be submitted to the Town.
91. All measuring, sampling and analysis required by the Director of Operations must be
carried out in accordance with methods and procedures specified in Standard
Methods, unless otherwise authorized by the Director of Operations.
92. Samples which have been collected as the result of a requirement of the Director of
Operations pursuant to Section 90 herein, must be analyzed by a qualified,
independent agency, unless other prior arrangements have been authorized in writing
by the Director of Operations.
93. If there is no control manhole on the parcel, the point of discharge into the sanitary
sewerage system, for the purposes of enforcing this Bylaw, will be designated by the
Director of Operations as that location where access to the discharge for the purpose
of measuring, observing, or sampling is possible.
94. No person other than an authorized person from the Town shall remove or tamper with
the sanitary sewerage system.
Sewer Regulations and Rates Bylaw No. 1389
Accidental Discharge/Spill Reporting
95. A person who becomes aware of any sludge loading, accidental discharges or any
other discharges or highway spills of wastes in violation of this Bylaw must immediately
notify the Town and appropriate government agencies to enable countermeasures to
be taken by the Town and other agencies to minimize damage to the sanitary
sewerage system, wastewater treatment system, receiving waters or the surrounding
environment. Any persons aware of or responsible for the discharge or spill shall
identify the type of chemical, volume of spill, location, time, date of occurrence, and the
countermeasures taken to control the spill. Where the person responsible for the
activity during which the discharge or spill occurred does not take immediate action to
comply with directives of the Director of Operations or government advisors or
otherwise provide appropriate countermeasures, the Town may take appropriate action
to minimize damage to the sanitary sewerage system, wastewater treatment system,
receiving water or the surrounding environment. All costs incurred by the Town in
mitigating damage shall be paid by the persons responsible for the discharge or spill.
96. A notification under section 95 shall be followed, within five (5) calendar days of the
date of the occurrence, by a detailed written statement to the Town from the owner or
person responsible for the activity during which the discharge or spill occurred,
describing the causes of the discharge and the measures being taken to prevent
another occurrence.
Part 6 - User Charges
User Charges
97. The charges enumerated in Schedule "B" and "C" are hereby imposed and levied by
the Town to every owner of real property which is directly or indirectly served by the
Town's sanitary sewerage system. Every owner of real property which is directly or
indirectly served by the Town's sanitary sewerage system must pay an appropriate
user charge as determined by the Town.
98. Each parcel of land or premises to which a service connection has been made shall be
classified by the Director of Finance in accordance with the categories set out in
Schedule "B" and "C" to this Bylaw. Any parcel of land which contains more than one
of the categories enumerated in Schedule "B" and "C" shall be classified with respect
to each such category contained within the parcel.
99. The user charge levied pursuant to this Bylaw in no way legalizes the use for which it is
being charged, which may or may not be in contravention of other Towns bylaws. In
charging the user charge, no determination of compliance with other Town bylaws has
been made and should the use of land and premises contravene any of the bylaws
now or in the future, the Town reserves the right to enforce those bylaws in accordance
with their conditions.
Sewer Regulations and Rates Bylaw No. 1389
Timing of Payment
100. All user charges levied pursuant to Section 97 must be paid at the office of the Director
of Finance on or before the day stipulated as the due date for payment and if remaining
unpaid after the 31st day of December, shall be deemed to be taxes in arrears in respect
of the lands and improvements to or upon which the service connection is supplied.
101. If a change is made in the size, use or type of building or structure classified by the
Director of Finance pursuant to Section 98, the Director of Finance shall reclassify the
building, structure, or land and alter the charges accordingly, and, if the change shall
occasion a higher charge to be payable, the charges shall be payable by the owner
forthwith from the date of change. If the change shall occasion a lesser charge to be
payable, a refund shall be made of the differences from the date of change if the higher
charge has already been paid for that year.
102. Where a pro-rated user charge for the use of the sanitary sewerage system is levied
pursuant to Section 101, the charge must be paid within thirty (30) days of billing.
103. Where any building or premises connected to the sanitary sewerage system is removed
from its site or is destroyed or is damaged to the extent that it can no longer be put to
any legally permitted use, the Director of Finance may, upon application of the owner
and upon receipt of proof and being satisfied as to the removal, destruction or damage
and that the premises can no longer be put to any legally permitted use, allow a rebate of
the user charge imposed pursuant to this Bylaw proportionate to that portion of the
current year unexpired at the date of the application, and will cause the rebate to be
entered upon the current year's sewer rates roll, provided that the Director of Finance
applies the rebate first against any arrears of charges owing by the owner under this
Bylaw in respect of that property.
104. When the water service to the premises is discontinued temporarily for a period not
exceeding twelve months, the owner still shall pay for the full amount of the user charges
as set out in Schedules "B" and "C" of this Bylaw. To avoid payment of user charges the
owner must apply for a permanent abandonment of the service connection.
Failure to Pay User Charges
105. The user charge levied by the Town will form a charge on the lands and improvements to
or upon which the service connection is provided, and if unpaid on the due date will be
deemed to be taxes in arrears on the parcel concerned and will be dealt with in the same
manner as for property taxes.
Costs to Be Borne by Owner
106. If any person fails to carry out the work required by any provision of this Bylaw, the
Director of Operations may direct that employees or agents of the Town enter the parcel
the required work, in which case the owner is responsible to pay for the actual cost
incurred by the Town in carrying out the work. The costs shall be paid by the owner upon
demand, and if remaining unpaid after the 31st day of December of the year in which the
work is done, are deemed to be taxes in arrears on the parcel and may be dealt with in
the same manner as for property taxes.
Sewer Regulations and Rates Bylaw No. 1389
107. A person must not supply false information or make inaccurate or untrue statements in a
document or information required to be supplied to the Town pursuant to this Bylaw.
108. A person must not maliciously, willfully, or negligently break, damage, destroy, uncover,
deface, mar, or tamper with any sewer, building sanitary sewer, or any part of the
sanitary sewerage system.
109. A person must not connect any plumbing facilities, pump stations, drains, or outlets of
any kind to the sewer until such connection is approved by the Director of Operations.
Part 7 - Offences and Penalties
110. Any person who contravenes any provision of this Bylaw is liable to the Town for all
costs, expenses, damages, and injuries resulting from the contravention. This does not
in any way limit any other provision or any other remedy the Town may have under this
Bylaw or otherwise at law.
111. Every 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 refuses, omits, or
neglects to fulfill, observe, carry out, or perform any duty or obligation imposed by this
Bylaw commits an offence, and each day that the offence continues amounts to a
separate offence.
112. A person found guilty of an offence is liable, on summary conviction, to a minimum fine
of One Hundred Dollars ($100.00), and a maximum fine of Fifty Thousand Dollars
($50,000.00).
113. The Town may enforce compliance with the provisions of this Bylaw, including without
limitation non-payment of fines by shutting off the provision of sewer services being
supplied to the user or discontinuing the service thereof. Where the Director of
Operations determines that there exists a violation of any provision, the Director may, by
written notice to the owner, user, or other person responsible, take either or both of the
following actions:
a)
order the person to correct the violation at the expense of the owner, user,
or other person responsible within a specified time period that the Director
considers reasonable in the circumstances;
b)
shut off or discontinue the sewer service until the condition is corrected,
and any person whose water service has been reduced, turned off or discontinued
may arrange with the Corporate Officer of the Town to make representations to
Council about the matter. After considering such representations, and any other
information Council deems relevant to their decision, Council may confirm, vary, or
cancel a decision of the Director of Operations under this section.
114. Nothing in this Bylaw limits the Town from utilizing any other remedy that is otherwise
available to the Town at law.
115. Any charges pursuant to this Bylaw placed on the assessment roll of a parcel and
remaining unpaid after the 31st day of December in any year shall be deemed to be taxes
Sewer Regulations and Rates Bylaw No. 1389
in arrears in respect of the parcel and will be recoverable by the Town as such.
Part 8 - Severability
116. If any portion of this Bylaw is determined by a court of competent jurisdiction to be void
or unenforceable in whole or in part, this determination shall not be deemed to affect or
impair the validity of any other provision, unless the Court otherwise determines.
Part 9 - Repeal
117. Except for Schedules "A" through "D", this Bylaw comes into effect on the date it is
adopted.
118. The Town of Osoyoos Sewer Connection and Regulations Bylaw No. 1374, 2021 and
amendments thereto is repealed on adoption of this Bylaw.
119. On January 1, 2024,
a)
Schedules "A" through "D" of this Bylaw come into effect, and
b)
The Sewer Rates and Town of Osoyoos Sewer Fees Bylaw No. 1368, 2020 and
amendments thereto are repealed.
Read a first and second and third time on the 28th day of November, 2023.
Adopted on the 12th day of December 2023.
_______________________________
________________________________
MAYOR
CORPORATE OFFICER
Original signed by Brianne Hillson
Original signed by Sue McKortoff
Sewer Regulations and Rates Bylaw No. 1389
SEWER REGULATIONS AND RATES BYLAW NO. 1389, 2023
"SCHEDULE A"
SEWER EXTENSIONS BY APPLICANT WISHING
TO FRONT END ITS COSTS
1. Where an Applicant wishes to front-end the costs to provide a sewer main extension this
Schedule shall apply.
2. The Applicant shall execute a servicing agreement with the Town, indicating the
description and the location of the sewer extension, and agreeing to the terms and
conditions in the servicing agreement.
3. No provision of this Schedule shall be deemed to exempt any land from payment of taxes,
charges, or fees imposed by any bylaw of the Town.
4.
The Director of Operations is authorized to execute the servicing agreement containing
the above general conditions.
5.
The servicing agreement processing fee shall be paid by the applicant prior to the pre-
design meeting. The fee is set out in the Town of Osoyoos Subdivision and Development
Servicing Bylaw No. 1100, 1988.
Sewer Regulations and Rates Bylaw No. 1389
SEWER REGULATIONS AND RATES BYLAW NO. 1389, 2023
"SCHEDULE B"
CHARGES
Connection Charge - Within Town Boundaries
1.1. The following one-time connection charge shall be payable for provision of a
service connection to serve a parcel:
1.1.1.
For a single-family dwelling unit:
First 100 mm (4 inch) diameter gravity connection.
Connection Charge: 100% of actual cost plus 15% administrative fee
1.1.2.
Connections for all other users or connections of sizes other than 100
mm (4 inch) diameter, and additional connections to a parcel.
Connection Charge: 100% of actual cost plus 15% administrative fee
1.1.3.
For the first service connection included as a part of works chargeable to
the owner under a local service tax or for connections constructed by
developer at no cost to the Town:
Connection Charge: 100% of actual cost plus 15% administrative fee
1.1.4.
If the Town has front-ended the cost of the additional service connection,
the connection charge shall equal the actual cost plus 10%, plus a
financing charge calculated at a rate of 5.5% per annum which shall be
added on annually on each anniversary of the installation date, until the
sum is paid, or for a maximum period of five years, whichever event
occurs first, after which no further financing charge shall be added.
1.2. Where, for the sanitary sewerage service, a local service tax or latecomer charge
is established under a separate bylaw or agreement, that charge shall take
precedent over the aforementioned connection charges.
1.3. Each existing connection or sanitary developer reimbursed (SDR) connection:
Connection to an existing sanitary sewer main connection or sanitary developer
reimbursed (SDR) connection for a Single-Family dwelling unit, provided that the
connection was not part of a local area service or other cost recovered project.
Connection Charge:
$5,000.00
Per Connection
Connection to an existing storm water drainage service connection or drainage
"developer reimbursed" (DDR) connection, provided that the connection was not
part of a local area service or other cost recovered project.
Connection Charge:
$5,000.00
Per Connection
Sewer Regulations and Rates Bylaw No. 1389
1.4. In addition to the applicable connection charge set out above, an applicant must
pay an inspection fee of $110.00 to the Town.
Annual Users Charge
1.5. Every owner of a parcel or the occupant (hereinafter referred to as "the User")
whose land is served directly or indirectly by a connection to the sanitary
sewerage system of the Town shall pay to the Town the annual user charges
based on the actual property use as set out within this Schedule.
Connection Charge - Outside Town Boundaries
1.6. If the applicable parcel is within the Regional District of Okanagan-Similkameen
Area A and abuts the Town's sanitary sewer system: $23,790 per single family
equivalent plus the actual cost of connection, plus a 20% administrative fee.
1.7. If the applicable parcel is within the Regional District of Okanagan-Similkameen
Area A and does not abut the Town's sanitary sewer system: $23,790 per single
family equivalent, plus the actual cost required to upgrade the Town's sanitary
sewer system to offer sewer services to the parcel by extending the sanitary sewer
system to the property line, plus a 20% administrative fee.
1.8. In addition to the applicable connection charge set out above, an applicant must
pay an inspection fee of $110.00 to the Town.
Users without Metered Water Service
Categories of charges are based on actual use of property.
Table 1 - Annual User Charges
USER RATES FOR SEWER SYSTEM
Annual Rates
FLAT RATES
a.
Single and two family dwellings, per unit
824.40
b.
Multiple dwellings over two units, per unit
824.40
c.
All Retail Stores or Services, Offices, Medical Centres,
Churches, Barber Shops, and Light Industrial
824.40
d.
Cafes, Coffee Shops, Dining Rooms, Lounges,
Legion, Golf Club House, Restaurants, Pubs - up to 50 seats
2,749.24
e.
plus, for each additional 50 seats or part thereof
1,473.77
f.
Rooming Houses, Hotels, Motels, Bed and Breakfast
Care Facilities per unit
552.15
g.
Campgrounds, R.V. Parks- per site
478.29
Sewer Regulations and Rates Bylaw No. 1389
h.
Beauty Parlours, Garages, Senior Centre, Service Stations,
Supermarkets
1,563.22
i.
Day Care Centre
2,298.17
j.
R.C.M.P., Post Office, Health Centre, Curling Club, Desert Park
Equestrian Centre, Sterile Insect Release Facility, Waterslide
3,211.97
k.
Laundromats - per washing machine
326.64
l.
Sun Bowl Arena
5,685.08
m.
Precast Concrete Plant, Redi-Mix Plant
2,298.17
n.
Car wash - per bay
3,211.97
o.
Schools - per room
1,512.64
p.
Joint Port of Entry - basis on the equivalent of 38 residential
23,808.67US
Units @ $824.40/unit x US conversion (0.7300 + bank charges 0.03)
q.
O.I.B. Desert Centre - basis on the equivalent of 8 residential unit 6,595.20
Where two or more uses are made of a single property or building, multiples or combinations of
the user rate shall apply. In the case there is a residence accompanying a commercial
undertaking without a definite separation of fixtures available to each use, the applicable rate
shall be the higher of the two rates but not both.
1.9. Annual user charges are subject to a 10% penalty if paid after the due date. All
utility charges including penalties if left unpaid on December 31st of the year will
be considered taxes in arrears payable the following year.
Users With Metered Water Service.
METERED RATES
1.10. Sewer users with an effluent or sewage flow meter shall be charged at the rate of
$2.86 per cubic metre of measured effluent.
1.11. For metered water users without effluent flow meters, the charge for use of the
sewage system shall be calculated as 80% of the recorded volume of metered
water used times a rate of $2.86 per cubic metre.
Sewer Cross Connection Surcharge
1.12. The sewer cross-connection surcharge shall be equivalent to the Users Without
Metered Water Service: Annual User Charges listed in Table 1 - Annual Users
Charges.
Sewer Regulations and Rates Bylaw No. 1389
SEWER REGULATIONS AND RATES BYLAW NO. 1389, 2023
"SCHEDULE C"
USER RATES FOR RURAL SEWER SYSTEM
1. Every owner of a parcel or the occupant (hereinafter referred to as "the User") whose
land is served directly or indirectly by a connection to the sanitary sewerage system
of the Town shall pay to the Town the annual user charges based on the actual
property use as set out within this Schedule.
USER RATES FOR RURAL SEWER SYSTEM
Annual Rates
FLAT RATES
a.
Single- and two-family dwellings, per unit
917.40
b.
Rooming Houses, Hotels, Motels, Bed and Breakfast
Care Facilities per unit
703.66
c.
Light Industrial
917.40
Where two or more uses are made of a single property or building, multiples or
combinations of the user rate shall apply. In the case there is a residence
accompanying a commercial undertaking without a definite separation of fixtures
available to each use, the applicable rate shall be the higher of the two rates but not
both.
2. Annual user charges are subject to a 10% penalty if paid after the due date. All utility
charges including penalties if left unpaid on December 31st of the year will be
considered taxes in arrears payable the following year.
Sewer Regulations and Rates Bylaw No. 1389
SEWER REGULATIONS AND RATES BYLAW NO. 1389, 2023
"SCHEDULE D"
The following are designated as Prohibited Wastes:
1. FLAMMABLE OR EXPLOSIVE WASTE
Any Waste which is capable of causing or contributing to an explosion or supporting combustion
in any sewer or sewage facility including, but not limited to, gasoline, benzene, naptha, diesel
or other fuel oil, waste crankcase oil and sludge resulting from the manufacture of acetylene.
2. WASTE CAUSING OBSTRUCTION OR INTERFERENCE
Any Waste which 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, ash, glass,
tar, asphalt, plastic, wood, waste portions of animals, fish or fowl, and solidified fat.
3. WASTE CAUSING AIR POLLUTION
Any Waste, other than Domestic Waste that causes Air Pollution outside any sewer or sewage
facility.
4. HIGH TEMPERATURE CREATING WASTE
a) Any Waste which may create heat in amounts which will interfere with the operation
and maintenance of the sewer and 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 Centigrade (104 degrees Fahrenheit) or more;
c) Any Non-Domestic Waste or Non-Domestic Trucked Liquid Waste with a temperature
of 65 degrees Centigrade (150 degrees Fahrenheit) or more.
5. RADIOACTIVE WASTE (NUCLEAR SUBSTANCES)
Waste radioactive substances in excess of quantities or concentrations specified for release to
the environment under the Nuclear Safety and Control Act and Regulations or amended
versions thereof, or under a licence issued in accordance with s. 24(1) of the Nuclear Safety
and Control Act.
6. BIOMEDICAL WASTE
Any Waste that, at the point of discharge into a Sewer or Sewage Facility, contains Biomedical
Waste as defined in the Hazardous Waste Regulation as amended from time to time pursuant
to the Environmental Management Act with the exception of Biomedical Waste from a Hospital
in accordance with an approved Hospital Pollution Prevention Plan.
7. SPECIFIED RISK MATERIAL FOR BOVINE SPONGIFORM ENCEPHALOPATHY
Any Waste containing the specified risk material as defined in the federal Fertilizers regulations
(C.R.C., c. 666), as amended from time to time, including material from the skull, brain,
Sewer Regulations and Rates Bylaw No. 1389
trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or
older, or material from the distal ileum of cattle of all ages.
8. HAZARDOUS WASTE
Any waste defined as Hazardous Waste in the Environmental Management Act with the
following exceptions:
a) Hazardous Waste in compliance with the effluent standards contained in Schedule 1.2,
Column 3 of the Hazardous Waste Regulation; and
b) Biomedical Waste from a Hospital in accordance with an approved Hospital Pollution
Prevention Plan.
Sewer Regulations and Rates Bylaw No. 1389
SEWER REGULATIONS AND RATES BYLAW NO. 1389, 2023
"SCHEDULE E"
Restricted Waste means any of the following:
PARTICLE SIZE WASTE
Any Non-Domestic Waste or Non-Domestic Trucked Liquid Waste, including that from cooking
and handling of food, that at the point of discharge into a Sewer or Sewage Facility, contains
particles larger than 0.5 centimetres in any dimension.
pH WASTE
Any Non-Domestic Waste or Non-Domestic Trucked Liquid Waste which, at the point of
discharge into a Sewer or Sewage Facility, has a pH lower than 5.5 or higher than 10.5.
SPECIFIED WASTE
Any Wastewater which, at the point of discharge into a Sewer or Sewage Facility, contains any
substance with a concentration in excess of the levels set out in Tables (A), (B) or (C) below.
All concentrations are expressed as total concentrations, which include all forms of the
contaminant, combined or uncombined, whether dissolved or undissolved obtained from a Grab
Sample. Definitions and methods of analysis for these substances are outlined in Standard
Methods or methods specified by the Director of Operations.
Table A - Conventional Contaminants
Contaminat
Maximum Concentration
(mg/L)
Biochemical Oxygen Demand (BOD)
500
Total Suspended Solids (TSS)
600
Total Oil and Grease1 (O&G - Total)
150
Oil and Grease (Hydrocarbon)
(O&G - Hydrocarbon)
15
Note:
1 Total Oil and Grease includes Oil and Grease (Hydrocarbons)
Sewer Regulations and Rates Bylaw No. 1389
Table B - Organic Contaminants
Contaminan
t
Maximum
Concentration
(mg/L)
Phenols
1.0
Chlorophenols1
0.05
Polycyclic
Aromatic
Hydrocarbons2
(PAHs)
0.05
Benzene
0.1
Total BETX3
1.0
Tetrachloroethylene
0.05
Note:
1 Chlorophenols include:
tetrachlorophenols (2,3,4,5-, 2,3,4,6-, 2,3,5,6-)
pentachlorphenol
2Polycyclic Aromatic Hydrocarbons (PAHs) include:
acenapthene
chrysene
acenaphthylene
dibenzo(a,h)anthracene
anthracene
fluoranthene
benzo(a)anthracene
fluorene
benzo(b)fluoranthene
naphthalene
benzo(k)fluoranthene
phenanthrene
benzo(g,h,i)perylene
pyrene
benzo(a)pyrene
indeno(1,2,3-c,d)pyrene
3BETX include:
benzene
ethylbenzene
toluene xylenes
Sewer Regulations and Rates Bylaw No. 1389
Table C - Inorganic Contaminants
WASTE CAUSING INTERFERENCE OR INJURY
Any Waste in a concentration or quantity which may interfere with the proper operation of a
Sewer or Sewage Facility, or which may injure or is capable of injuring the health of any person,
property, or life form.
WASTE PRODUCING AIR CONTAMINANTS
Any Waste, other than Domestic Waste or Domestic Trucked Liquid Waste, that is capable of
emitting into the air within a Sewer or Sewage Facility any substance that injures or is capable
of injuring the health or safety of a person, or that causes or is capable of causing material
physical discomfort to a person.
CORROSIVE WASTE
Any Waste with corrosive properties which may cause damage to any Sewer or Sewage Facility.
Contaminat
Maximum
Concentration
(mg/L)
Metals
Aluminum
50.0
Arsenic
1.0
Boron
50.0
Cadmium
0.20
Chromium
4.0
Cobalt
5.0
Copper
2.0
Iron
10.0
Lead
1.0
Manganese
5.0
Mercury
0.05
Molybdenum
1.0
Nickel
2.0
Selenium
1.0
Silver
1.0
Zinc
3.0
Other Inorganic Contaminants
Cyanide
1.0
Sulphide
1.0
Sulphate
1500