Surrey Sanitary Sewer Regulation and Charges Bylaw, 2008, No. 16611

Surrey, British Columbia · adopted 2009-03-30

This is the exact embedded text of the captured official document. Snapshot f9aa10fd46fa · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF SURREY Surrey Sanitary Sewer Regulation and Charges By-law, 2008, No. 16611 CITY OF SURREY BY-LAW NO. 16611 TABLE OF CONTENTS PAGE PART 1 - CITATION .................................................................................................................................. 1 PART 2 - DEFINITIONS ........................................................................................................................... 2 PART 3 - GENERAL PROVISIONS ......................................................................................................... 7 Applicability of By-law ........................................................................................................... 7 Role of the General Manager, Finance and General Manager, Engineering ...................... 7 Supply of Sewer Services Throughout the City .................................................................... 8 No Obligation to Provide Service ......................................................................................... 8 City Not Liable for Failure of the Sanitary Sewerage System ............................................. 8 Collection and Transportation of Waste ............................................................................. 8 PART 4 - SEWER EXTENSIONS .............................................................................................................. 9 General Conditions ................................................................................................................ 9 City Funded Extensions ......................................................................................................... 9 Application for Sewer Extensions.......................................................................................... 9 Upsizing of Sewer Mains ...................................................................................................... 10 Recovery of City's Costs ....................................................................................................... 10 PART 5 - SERVICE CONNECTIONS ..................................................................................................... 11 Eligibility for Service Connection ........................................................................................ 11 Application Process for a Service Connection .................................................................... 12 Payment of Connection Charges by Installments ............................................................. 13 Service Connection Location ............................................................................................... 14 Pre-servicing with a Service Connection ............................................................................ 14 Additional Service Connections .......................................................................................... 15 Temporary Service Connection ............................................................................................ 15 Rear or Side Yard Service Connections ................................................................................ 17 Specific Prohibitions ............................................................................................................ 17 Low Pressure Systems ........................................................................................................... 17 Building Sanitary Sewer ........................................................................................................ 18 Procedure After Service Connection ................................................................................... 19 Compulsory Connection and Exemption .......................................................................... 20 Industrial, Commercial and Institutional Inordinate Discharges ................................... 20 Failure of Service .................................................................................................................. 21 Discontinuation and Re-instatement of Service ............................................................... 22 - ii - Prohibited Waste .................................................................................................................. 22 Restricted Waste ................................................................................................................... 23 Inspection and Monitoring ................................................................................................. 24 Accidental Discharge / Spill Reporting .............................................................................. 25 PART 6 - USER CHARGES ..................................................................................................................... 25 User Charges ......................................................................................................................... 25 Timing of Payment ............................................................................................................... 26 Failure to Pay User Charges ................................................................................................ 26 Costs to Be Bourne by Owner .............................................................................................. 27 PART 7 - OFFENCES AND PENALTIES ............................................................................................... 27 PART 8 - EFFECTIVE DATE .................................................................................................................. 27 PART 9 - SEVERABILITY ....................................................................................................................... 27 PART 10 - REPEAL .................................................................................................................................. 28 "SURREY SANITARY SEWER REGULATION AND CHARGES BY-LAW, 2008, NO. 16611 ........... 1 CHARGES ................................................................................................................................ 1 2.1 RESIDENTIAL USERS WITHOUT METERED WATER SERVICE: ............................... 2 2.2 RESIDENTIAL USERS WITH METERED WATER SERVICE. ........................................ 2 2.3 NON-RESIDENTIAL USERS WITHOUT METERED WATER SERVICE...................... 3 2.4 NON-RESIDENTIAL USERS WITH METERED WATER SERVICE. ............................. 3 3.0 FOR PREPAID NEW RESIDENTIAL STRATA CONSTRUCTION: ............................... 4 LIST OF SCHEDULES Schedule A: Sewer Extension By An Applicant Wishing to Front-End The Costs ..................... 30 Schedule B: Application for Service Connection ......................................................................... 31 Schedule C: Charges ..................................................................................................................... 32 - 1 - CITY OF SURREY BY-LAW NO. 16611 A By-law 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As amended by By-law No. 17066, 12/14/09; 17307, 01/10/11; 17288, 02/07/11; 17553, 02/06/12; 17828, 12/17/12; 17956, 07/08/13; 18121, 01/13/14; 18392, 02/02/15; 18575, 12/14/15; 18967, 12/19/16; 19414, 12/18/17; 19727, 12/19/18; 19771, 02/25/19; 19971, 12/16/19; 20054, 04/20/20; 20210, 12/21/20; 20496, 12/24/21; 20823, 02/13/23; 21147, 02/12/24; 21542, 02/24/2025; 21895, 02/09/2026 THIS IS A CONSOLIDATED BY-LAW PREPARED BY THE CITY OF SURREY FOR CONVENIENCE ONLY. THE CITY DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BY-LAW PROVISIONS. WHEREAS the Community Charter, S.B.C. 2003, c. 26 authorizes the City to operate a sanitary sewerage system as a municipal service deemed to be necessary or desirable for all or part of the City and to regulate in relation to the sewer service; AND WHEREAS the City 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 City; AND WHEREAS it is expedient that all real property within the City 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; THEREFORE the Council of City of Surrey, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 - CITATION 1. This By-law shall be cited for all purposes as "Surrey Sanitary Sewer Regulation and Charges By-law, 2008, No. 16611". - 2 - PART 2 - DEFINITIONS 2. In the construction and interpretation of this By-law, words and terms will have the following meaning assigned to them: "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 General Manager, Engineering to install and construct a sewer extension or service connection on behalf of the City. "APARTMENT HOUSE" means any building, not being a lodging-house or hotel, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of three or more families living independently of each other and doing their own cooking within their apartment, suite, or unit. "APPLICANT" means an owner or authorized representative for the owner who requests the City 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, body, entity or company 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 BY-LAW" means the "Surrey Building By-law, 2012, No. 17850", as may be amended or replaced from time to time. "BUILDING INSPECTOR" means the General Manager, Planning and Development for the City, or his or her duly appointed representatives and assistants. "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. "CITY" as defined in the Surrey Zoning By-law. "COLLECTOR" means the General Manager, Finance or his or her duly appointed representatives and assistants. - 3 - "CONNECTION CHARGE" means the amount due and owing to the City for the installation and construction of a service connection as set out in Schedule "C" to this By-law. "COOKING EQUIPMENT" shall have the meaning assigned to them under the Zoning Bylaw. "COUNCIL" means the City Council of the City. "DESIGN AND CONSTRUCTION STANDARDS" means the documents related to design and construction standards referred to and incorporated into Schedule "A" of the "Surrey Subdivision and Development By-law, 1986, No. 8830" as may be amended or replaced from time to time. "DOMESTIC WASTE" means waste produced on real property or in premises which is solely used for residential purposes. "DWELLING UNIT" as defined in the Surrey Zoning By-law. "ENVIRONMENTAL MANAGEMENT ACT" means the Environmental Management Act, S.B.C. 2003, c.53, as may be amended or replaced from time to time. "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 City 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 City road right-of-way, where the parcel abuts more than one City road right-of-way. "FOOD SECTOR ESTABLISHMENT" has the same meaning as that term is defined in the "Greater Vancouver Sewerage and Drainage District Food Sector Grease Interceptor By-law, No. 268, 2012", as may be amended or replaced from time to time. "FRONTAGE" means the boundary of a parcel abutting a City road right-of-way. Where the parcel abuts more than one City road right-of-way other than a lane, the frontage shall be that boundary having the least measurement. "FRONT-ENDER" is 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 City, and shall include the assignee of the latecomer agreement or development cost charge front-ending agreement or development works agreement. "GENERAL MANAGER, ENGINEERING" means the General Manager, Engineering for the City and shall include his or her duly appointed assistants and representatives. - 4 - "GENERAL MANAGER, FINANCE" means the General Manager, Finance for the City and shall include his or her duly appointed representatives and assistants. "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. "GVS&DD BY-LAW" means the "Greater Vancouver Sewerage & Drainage District Sewer Use By-law No. 299, 2007" enacted by the Greater Vancouver Sewerage and Drainage District pursuant to the Environmental Management Act and the Greater Vancouver Sewerage and Drainage District Act, as may be amended or replaced from time to time. "HIGHWAY" shall have the meaning assigned to them under the Highway, Traffic and Parking Regulation Bylaw. "HIGHWAY, TRAFFIC AND PARKING REGULATION BYLAW" means "Surrey Highway and Traffic By-law, 1997, No. 13007" as may be amended or replaced from time to time. "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 as 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 General Manager, Engineering, under which the City agrees to impose a charge on the benefiting land and for which there is a front-ender. "LATECOMER CHARGE" means that portion of the actual cost of an extension that the City 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, as may be amended or replaced from time to time. "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 City owned, operated and maintained low pressure sewage force main or gravity sewer. The entire length of the service pipes from the sewage pumps to the City low pressure sewage force main or gravity sewer is private, even that portion within the public right-of-way. "MULTIPLE UNIT RESIDENTIAL BUILDING" as defined in the Surrey Zoning By-law. "NON-DOMESTIC WASTE" shall have the meaning assigned in the GVS&DD By-law. "OWNER" means an owner of a parcel of real property including: - 5 - (a) the registered owner of an estate in fee simple, (b) the tenant for life under a registered life estate, (c) the registered holder of the last registered agreement for sale, and (d) the holder or occupier of land held in the manner referred to in the definition of "Owner" in the Schedule to the Community Charter, S.B.C. 2003, c.26 as may be amended or replaced from time to time. "PARCEL" means any lot, block, or other area in which real property is held or into which real property is subdivided, but does not include a road or highway dedication. "PERSON" shall mean and include the Owner, natural persons of either sex, associations, corporations, bodies politic, co-partnerships whether acting by themselves or by a servant, agent, or employee and the heirs, executors, administrators and assigns or other legal representatives of such person to whom the context can apply according to law. "PLUMBING BY-LAW" means "Surrey Plumbing By-law, 1981, No. 6569", as may be amended or replaced from time to time. "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 Engineers and Geoscientists Act, R.S.B.C. 1996, c.116, as may be amended or replaced from time to time. "PROHIBITED WASTE" shall have the meaning assigned in the GVS&DD By-law. "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 parcel: (a) building permit for renovations that include additional plumbing fixtures where the total building value, as defined in the Building By-law, is greater than $250,000; (b) subdivision; or (c) rezoning. "RESTRICTED WASTE" shall have the meaning assigned in the GVS&DD By-law. "SANI-STATION" means an approved facility to which sewage is transported for temporary storage. - 6 - "SANITARY DEVELOPER REIMBURSED" or "SDR" means a previously constructed service connection, usually installed by a developer under agreement with the City "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 City for collecting and transporting waste, but shall not include storm drains. "SANITARY WASTE" shall have the meaning assigned in the GVS&DD By-law. "SECONDARY SUITE" as defined in the Surrey Zoning By-law. "SEPTIC TANK WASTE" shall have the meaning assigned in the GVS&DD By-law. "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 Part VI of the "Surrey Subdivision and Development By-law, 1986, No. 8830", as may be amended or replaced from time to time. "SEWAGE" means water carried wastes from residences, business buildings, institutional and industrial establishments, and shall include: (a) industrial waste; (b) sanitary waste exclusive of industrial wastes; and (c) the discharge of stale swimming pool or hot tub water. "SEWAGE FACILITY" means works owned, operated and maintained by the City or otherwise under the control or jurisdiction of the City 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 City, 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. "SINGLE FAMILY DWELLING" as defined in the Surey Zoning By-law. "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. - 7 - "STORM DRAINS" or "DRAINS" 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 General Manager, Engineering for a parcel that is not eligible for a service connection. "UNCONTAMINATED WATER" shall have the meaning assigned in the GVS&DD By-law. "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 "C" to this By-law. "WASTE" shall have the meaning assigned in the GVS&DD By-law. "ZONING BY-LAW" means "Surrey Zoning By-law, 1993, No. 12000," as may be amended or replaced from time to time. 3. The provisions of this By-law apply to all extensions and connections and direct or indirect discharges to any part of the sanitary sewerage system under the control of the City. 4. The General Manager, Engineering shall administer this By-law except Part 6 and the associated schedules, which shall be administered by the collector. PART 3 - GENERAL PROVISIONS 5. Council may from time to time amend this By-law in whole or in part and may without limiting the generality of the foregoing establish or amend policies, criteria, charges and fees relating to the discharge of waste from specified classes of persons or specific persons. 6. In this By-law words importing the male gender include the female gender and either includes the neuter gender and vice-versa and words importing singular number include the plural number and vice versa. 7. The schedules annexed hereto shall be deemed to be an integral part of this By-law. Applicability of By-law 8. This By-law shall have reference and apply to the sanitary sewerage system. Role of the General Manager, Finance and General Manager, Engineering 9. For the purposes of this By-law the General Manager, Finance shall have charge of the rating of all buildings and premises supplied with sewer services and the General Manager, Engineering 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. - 8 - Supply of Sewer Services Throughout the City 10. It shall be lawful for the City to provide sewer services to the inhabitants of the City who can be served from the City's sanitary sewerage system and the provisions of this By-law shall extend to and be binding upon all persons so served. No Obligation to Provide Service 11. Nothing in this By-law shall obligate the City to provide sewer services to any person when: (a) 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 City 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 is outside the Greater Vancouver Sewerage and Drainage District's Fraser Sewerage Area and/or Urban Containment Area as defined by the Greater Vancouver Regional District Regional Growth Strategy Bylaw, No. 1136, 2010, as may be amended or replaced from time to time. City Not Liable for Failure of the Sanitary Sewerage System 12. The City 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 City or any other person or through natural deterioration or obsolescence of the sanitary sewerage system, or otherwise. In the event of the 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 City's sole discretion. Collection and Transportation of Waste 13. The City does not guarantee service. The City 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 City, 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. 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. 14.1 Holding tanks are not allowed on any parcel within Metro Vancouver's Regional Growth Strategy, Urban Containment Area, and the City will not permit a service connection to a parcel that contains a holding tank. - 9 - 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 By-law. No person other than an authorized person from the City shall remove or alter the sanitary sewerage system. 16. The cost of all extensions shall be paid for in accordance with the provisions and subject to the limitations of this By-law. 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 City's design and construction standards. 18. The City shall not permit an extension to the sanitary sewerage system: (a) if any part of the downstream sanitary sewerage system has inadequate capacity to meet the proposed additional service requirements; or (b) if the proposed extension would cause the City to expend an inordinate amount of time, effort, or money, as determined by the General Manager, Engineering, to operate and maintain the extension, in comparison to the revenue that it would generate. City Funded Extensions 19. Sewer extensions which the City 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 City; 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 General Manager Engineering. The General Manager, Engineering shall 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. - 10 - 21. No sewer extensions shall be permitted to serve lands in the Agricultural Land Reserve unless there is an overriding public health concern determined by the Medical Health Officer and approval from the British Columbia Agricultural Land Commission has been secured. Approval is also required from the Greater Vancouver Sewerage and Drainage District if any lands are located outside the Fraser Sewerage Area or the Urban Containment Area as defined by the Greater Vancouver Regional District Regional Growth Strategy Bylaw, No. 1136, 2010, as may be amended or replaced from time to time. 22. The cost payable by an applicant shall be the actual cost to extend the sewer on a legally designated road allowance or a right-of-way acceptable to the General Manager, Engineering, from the most suitable existing sewer as determined by General Manager, Engineering, to a point opposite the farthest boundary of the last parcel of land to be served or to such point as the General Manager, Engineering 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. 23. Only after an applicant has deposited with the City an amount of money or equivalent security equal to the estimated cost of the proposed extension as calculated by the General Manager, Engineering, may the City proceed to install and construct the extension. 24. The General Manager, Engineering may appoint an applicant as an agent of the City 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 City's design and construction standards respecting size, depth, grades as well as other specifications and conditions that the General Manager, Engineering stipulates; and (b) to satisfy the conditions listed in Schedule "A" to this By-law. 25. An applicant wishing to construct an extension at the applicant's own expense must: (a) enter into an agreement with the City containing conditions listed in Schedule "A" to this By-law; and (b) pay to the City all fees in accordance with Schedule "A" to this By-law. Upsizing of Sewer Mains 26. Where the City determines that a sewer main of greater capacity should be installed than is required to provide service to the parcels for (including upstream parcels) which an application for an extension has been made, the applicant will upsize the sewer main and such excess will provided. The City shall pay the cost of providing the excess capacity, up to an upset maximum of the City's estimate. Recovery of City's Costs 27. Where the City 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 by-law or agreement. - 11 - 28. No provision of this By-law limits or restricts in any way Council from exercising full jurisdiction and control over the operation of the sanitary sewerage system, and the fact that any extension may have been installed and constructed without cost to the City will not in any way exempt the person receiving service from any regulations, rates, order or by-law of the City. 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 City with respect to continuity or adequacy of service. PART 5 - SERVICE CONNECTIONS Eligibility for Service Connection 29. Subject to approval by the General Manager, Engineering, owners of real property are entitled to 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 Metro Vancouver's Fraser Sewerage Area and Urban Containment Area as defined under the Greater Vancouver Regional District Regional Growth Strategy Bylaw, No. 1136, 2010, as may be amended or replaced from time to time, 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 City for a service connection in accordance with the requirements of this By-law. 29.1 For the purposes of Section 29, 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. 29.2 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 By-law. 30. When extending the sanitary sewerage system, and where a parcel partially abuts the sanitary sewerage system, the entitlement to a service connection will only be considered if the length of the sewer abutting the parcel exceeds the minimum lot width permissible under the Zoning By-law for the current zoning of the parcel. 31. Where a parcel partially abuts the sanitary sewerage system, but the length of the abutting sewer does not meet the criteria of Section 30, connection to the sanitary sewerage system may be permitted by the General Manager, Engineering on a temporary basis pursuant to Section 49 of this By-law. - 12 - 32. 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 City stipulating that the service connection is governed by the terms and conditions of this By-law, the Building By-law, and the Plumbing By-law; (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. 33. Every parcel that abuts a sewer must have a separate service connection installed by City employees, contractors or agents. Only with a written, conditional permission of the General Manager, Engineering may any other person install or construct a service connection. 34. 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 City that disallows future subdivision of the parcel. Application Process for a Service Connection 35. An application for a service connection must be made in writing to the General Manager, Engineering by the owner of the parcel in the form prescribed in Schedule "B" to this By-law. 36. Every application for a service connection must be accompanied by the applicable connection charge. 37. The General Manager, Engineering will direct that the installation and construction of a service connection be commenced within ninety (90) days of approval of the application. 38. If a service connection, temporary or permanent, is not practicable, the General Manager, Engineering will notify the applicant within sixty (60) days and the City will refund any charges paid by the applicant. 39. 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 10 years old or older, the owner must provide a video inspection from a pipe assessment certification program (PACP) certified contractor and provide a copy to the City, unless a video exists within the last five years, or contract the City to complete the inspection. (b) If the service connection or the building sanitary sewer is 35 years old or older the PACP video has either found defects or confirmed the pipe was constructed with - 13 - non-standard materials (eg. vitrified clay, asbestos cement, no-corrode, etc.), all non-conforming works shall be replaced. (c) If the service connection is a low pressure sewer and 35 years old or older, the service connection or building sanitary sewer shall be pressure tested where practicable and if the test fails then upgraded to meet the current low pressure system standards as outlined in the City'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 City setting out the 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 General Manager, Engineering, however, the service connection will be treated as a temporary service connection and the conditions described in Sections 49 through 51 of this By-law shall apply to the parcel, the owner and the service connection; (g) Despite Sections 39(e) and (f), if the rear or side yard service connection is connected to a sewer that is located in a City-owned paved laneway, the rear or side yard service connection can remain in the existing location provided the requirements of Sections 39(a) through (d) are met; and (h) All costs associated with meeting the requirements of this Section 39 are the responsibility of the owner. 39.1 The General Manager, Engineering may waive part of the requirements of Section 39 of this By-law if the General Manager, Engineering deems the cost of the replacement excessive. 39.2 The General Manager, Engineering, may expressly appoint an applicant as an agent of the City to carry out the design, installation and construction of a service connection in accordance with the City's Design and Construction Standards respecting size, depth, grades as well as other specifications and conditions that the General Manager, Engineering stipulates. Payment of Connection Charges by Installments 40. An owner, at the time of applying for a service connection may, subject to the approval of the General Manager, Engineering, pay the connection charge amortized at the annual rate of interest as determined by the City, 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 "C" of this By-law. - 14 - 41. In all cases where a service connection becomes payable by installments pursuant to Section 40, the General Manager, Engineering shall file with the collector a certificate signed by the General Manager, Engineering, setting forth the parcel and particulars of the connection charge payable and the annual installments. 42. Upon receipt of a certificate from the General Manager, Engineering, the Collector shall enter the installments on the assessment roll of the City in accordance with the certificate and this By-law. 43. All installments of connection charges placed on the assessment roll pursuant to Section 42 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 City as such. 44. 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. 45. Nothing contained in this By-law 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 "C", and for maintenance and operations of the sanitary sewerage system. Service Connection Location 46. 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 General Manager, Engineering will designate the location of the service connection to each parcel of land or premises. 46.1 If any part or parts 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 City's Design and Construction Standards. Pre-servicing with a Service Connection 47. Where street surface improvements, sewer construction or other improvement projects are scheduled for installation by the City during a current budget year or where the General Manager, Engineering deems it prudent and cost-effective to install a service connection to any parcel that does not have a service connection, the General Manager, Engineering 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 By-law. - 15 - Additional Service Connections 48. If additional service connections are required, the owner must apply to the City 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 General Manager, Engineering. Temporary Service Connection 49. 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 Fraser Health Authority, may apply for a temporary service connection and may be approved for a temporary service connection by the General Manager, Engineering, at a location determined by the General Manager, Engineering, 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 General Manager, Engineering. (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 City's road or lane allowance, or right-of-way, or easement. The applicant must obtain a City road and right-of way permit, a plumbing permit, and comply with all requirements of the "Highway and Traffic By-law, 1997, No. 13007", as amended or replaced from time to time, for off-site works on the City'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 General Manager, Engineering to be installed through private lands not owned by the applicant, an easement to which the City is a party must be executed and registered in the Land Title Office before any connection is permitted by the City. (f) The applicant agrees to remain responsible for all maintenance and upkeep of the works from the point where the works connect to the City's sewer to the building or structure for which the temporary service connection is provided, including all off-site works on the City'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 City may discontinue service in any of the following circumstances: - 16 - (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; (ii) the City 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 By-law. (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. 50. Where a temporary service connection is discontinued, the owner of the parcel must pay: (a) the costs incurred by the City 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. 51. 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 By-law. 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 General Manager, Engineering. The owner must obtain a City road and right-of-way permit, a plumbing permit, and comply with all requirements of the "Highway and Traffic By-law, 1997, No. 13007", as may be amended or replaced from time to time, for off-site works on the City's road or lane allowance, right-of-way, or easement. 51.2 A new or replacement rear or side yard service connection shall be considered a temporary service connection and the conditions described in Sections 49 to 51 of this By-law shall apply to the parcel, the owner and the service connection. 51.3 Sections 51.1, 51.2 and 75.1 of this By-law apply to rear or side yard service connections installed after the date of final adoption of "Surrey Sanitary Sewer Regulation and Charges By-law, 2008, No. 16611, Amendment Bylaw, 2019, No. 19771". - 17 - Specific Prohibitions 52. No person may 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 By-law. 53. The owner of a parcel that is connected to a service connection or to a sewer without first making appropriate application to and obtaining an approval from the General Manager, Engineering, or without paying the applicable charges, or commences the use of the service prior to having been granted formal occupancy permit for the use of the premises, is in contravention of this By-law. In addition to any penalty that may be applicable, the building sanitary sewer may be disconnected and the service stopped up or closed. The General Manager, Engineering may establish conditions and requirements which the owner must fulfill before the service can be reinstated. 54. No person shall 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 and the General Manager, Engineering or any other employee or agent of the City 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 so offending in addition to any other penalty imposed by this By-law. 55. No person being an owner, occupant or tenant of real property serviced by the sanitary sewerage system will accept or emit any waste or other material or substances, or, permit them to be brought in or discharged from properties, places or persons other than the waste generated within the property to which the service is provided. 56. Deleted. 57. Except as provided under Sections 24 and 56, no work of any kind connected with the sanitary sewerage system, either for the laying of new, or repairing of old pipes is permitted to be done by any person other than an employee or agent of the City. Low Pressure Systems 58. At no time shall the owner 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 General Manager, Engineering. 59. The owner is fully 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 City low pressure sewer. The owner shall register a restrictive covenant to this effect on title to the property. The owner must obtain a City road and right of-way permit before conducting any works within public rights- of-way. - 18 - 59.1 The owner is responsible for isolating their connection to the City'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 City shall assist the owner with isolating flows from the City low pressure sewer in order for the owner to conduct work, at the owner's cost. The owner must obtain a City road and right-of-way permit, including security deposits, before conducting any works within a public right-of-way. 59.2 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 City and local health authorities of the waste discharge. The City will also notify the local health authorities provided the City is aware of the waste discharge. 59.3 To the extent that any portion of the private force main constructed under the City'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 City may undertake the repairs and bill the owner for the actual cost incurred by the City. 60. When necessary, the owner shall replace the pumps, force main and controls including installing a balancing tank to meet changing operating conditions of the low pressure system in the area. The replacement work shall be designed by a professional engineer and the owner shall submit the record of replacement to the City. All work is to be completed at the owner's cost. 60.1 Where the City determines that a private sewage pump unit or force main is contributing to odour issues in the City's low pressure sewer or sewer main, the General Manager, Engineering may direct the owner to institute odour mitigating measures, including but not limited to chemical dosing on the private system, as directed by the City 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 Plumbing By-law 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 By-law. 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 Plumbing By-law unless otherwise provided for in this By-law. 63. If after receiving written notice from the City, the owner does not operate and maintain the building sanitary sewer or fails to repair or replace a building sanitary sewer that does not meet the maintenance requirements of this By-law, the General Manager Engineering may enter the parcel to undertake necessary repairs and/or replacements. The City shall be entitled to recover actual cost from the owner in the same manner as City taxes. - 19 - 64. All plumbing within the bounds of a parcel must be in strict compliance with the provisions of the Plumbing By-law. The General Manager, Engineering may require that plumbing 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 time of installation, shall be borne by the City if it is proven that the plumbing complies with the Plumbing By-law. Should the tests prove otherwise, the costs of the tests and the remedies shall be borne by the owner of the parcel. The General Manager, Engineering may withhold permission to connect to the City's sanitary sewerage system until any required remedial work is completed to the satisfaction of the General Manager, Engineering. 65. 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 General Manager, Engineering 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 General Manager, Engineering in conformance with the Greater Vancouver Sewerage and Drainage District Food Sector Grease Interceptor Bylaw, No. 268, 2012, as may be amended or replaced from time to time, 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 General Manager, Engineering may prescribe the manner and the frequency of maintenance and may require that the owner periodically provide acceptable proof of maintenance to the General Manager, Engineering. 65.1 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 General Manager, Engineering 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 General Manager, Engineering in conformance with the GVS&DD By-law 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 General Manager, Engineering may prescribe the manner and the frequency of maintenance and may require that the owner periodically provide acceptable proof of maintenance to the General Manager, Engineering. 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 City's plumbing inspector. - 20 - 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 Health Act, R.S.B.C. 1996, c. 179 as amended, or replaced from time to time 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, and in addition to any other penalty that may be imposed by this By-law, the General Manager, Engineering, may have the work done at the expense of the owner, and the City shall be entitled to recover the actual cost of the work done from the owner in the same manner as City 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 Health Act, and there is no City requirement to connect to the sanitary sewerage system, the existing system may remain. Industrial, Commercial and Institutional Inordinate Discharges 70. The design flow rates of the sanitary sewerage system for industrial waste shall not exceed the rates allowed in the City Design and Construction Standards except: (a) gravity sewers and low pressure systems which shall be limited to 30,000 litres/gross hectares/day with the peak flow discharge at the service connection not exceeding 20 litres/gross hectare over any 15 second interval, or an instantaneous rate of 1.3 litres/second/hectare; and (b) vacuum sewers which shall be limited to 2,500 litres/gross hectares/day with the peak flow discharge at the service connection not exceeding 7.5 litres/parcel in any 15 second interval. 71. Where waste is discharged into the sanitary sewerage system at a rate which is in excess of the design flow rate as identified in Section 70 above, the General Manager, Engineering may prescribe a rate of discharge that is acceptable within the system or may direct that the waste be conveyed to a sewer inlet at another location adequate to receive the flow. 72. Where no appropriate sewer is available or where the discharge is considered to be injurious to, or exceed the design flow rate of the sanitary sewerage system, the waste shall be disposed of in a manner or into an outlet as may be prescribed by the General Manager, Engineering. The waste shall be subject to regulations, standards of quality, quantity, rate of discharge and other stipulations and conditions as may be prescribed or are in effect by legislation or this By-law. 73. Every owner, at the owner's cost, is responsible for providing, installing, operating and maintaining equipment to limit the discharge within the prescribed rate or convey waste to another outlet as directed by the General Manager, Engineering. - 21 - 74. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement, or any other pollutant- specific limitation developed by the City or Greater Vancouver Regional District. The General Manager, Engineering may impose mass limitations on industrial users who are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. Failure of Service 75. 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 notify the General Manager, Engineering. The General Manager, Engineering shall, as soon as reasonably practicable, arrange to have the sewer or service connection unstopped or otherwise restored to serviceable condition. 75.1 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 City's sewer, the owner shall notify the City and the City shall, as soon as reasonably practicable, arrange to have the sewer restored to serviceable condition. 76. 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. The City's supervisor shall be on site to witness the location work. If assistance is provided to the owner to locate and expose the service connection or inspection chamber, 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 City's cost. 77. 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 City will, at its cost, locate and remove the blockage, repair the service connection or the sewer, and pay reasonable direct costs 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. - 22 - 78. 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 City may undertake the repairs and bill the owner for actual cost incurred by the City in restoring the service and unstopping the building sanitary sewer. The costs shall be paid by the owner upon demand, and if unpaid on the thirty-first (31) day of December of the year in which the work is done, shall be deemed to be taxes in arrears on the real property and will be dealt with in the same manner as City taxes. This Section does not apply to connections to low pressure systems. 79. Where any sewer, service connection, or building sanitary sewer is part of a low pressure system, the owner shall remove the blockage 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 City road and right-of-way permit prior to conducting any work. Discontinuation and Re-instatement of Service 80. 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 City in writing of the need to discontinue use of the service connection. Upon receipt of written approval from the City, 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 City shall, at the owner's expense, effectively cap the service connection at the sewer and remove the vacuum valve. In the case of service connections on low pressure systems, the City shall, at the owner's expense, effectively cap the service connection at the City's low pressure sewage force main or gravity sewer. 81. In the circumstances described in Section 80, if the owner's intention is to not ever use the service connection, the owner shall notify the City in writing of that intention. Upon receipt of written approval from the City, 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 City. In the case of service connections on vacuum sewers, the City shall, at the owner's expense, remove the vacuum chamber and effectively cap the service connection at the sewer. Prohibited Waste 82. No person will permit sludge, material or deposit contained in a septic tank to enter the sanitary sewerage system. - 23 - 83. No person may 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 By-law; 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. 84. 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. 84.1 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. 84.2 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 General Manager, Engineering. Restricted Waste 85. No person shall discharge or allow or cause to be discharged into a sanitary sewerage system any: (a) restricted waste; or (b) uncontaminated water. 86. Sanitary waste from recreational vehicles must be discharged into approved sani-stations. 87. Nothing in this By-law absolves a person discharging waste from complying with any regional, provincial or federal enactment. 88. 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 Greater Vancouver Sewerage & Drainage District and the restricted waste is discharged strictly in accordance with the terms and conditions of the permit. 89. Any person discharging any sewage, substance or matter regulated or prohibited by this By- law to the sanitary sewerage system, may be disconnected from the sanitary sewerage system and the service stopped up or capped by the General Manager, Engineering. The owner shall pay the actual cost to disconnect the service connection and any charges levied by other authorities. - 24 - Inspection and Monitoring 90. Every owner of real property and every occupier of premises to which a service connection has been installed must allow, suffer and permit the General Manager, Engineering and all associated inspection equipment, to enter into or upon the real property and premises 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 terms of this By-law are being complied with. 91. The building inspector shall have the right of entry into any building or premises for the purposes of determining the number and factual existence of dwelling units in the building or premises. 92. The General Manager, Engineering may require that a person who is discharging any non- domestic waste into the sanitary sewerage system, either directly or indirectly, must at the person's own expense install and maintain, at a location determined by the General Manager, Engineering, a control manhole suitable for the inspection, measuring and sampling of the non-domestic waste. If the General Manager, Engineering determines that one or more existing manholes are suitable for the purpose of inspecting, measuring and sampling, the General Manager, Engineering may designate one or more of such manholes as control manholes. 93. 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. 94. The General Manager, Engineering may require that a person who is discharging 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 City. Failure to provide data is an offence under this By-law. 95. All measuring, sampling and analysis required by the General Manager, Engineering must be carried out in accordance with methods and procedures specified in Standard Methods, unless otherwise authorized by the General Manager, Engineering. 96. Samples which have been collected as the result of a requirement of the General Manager, Engineering pursuant to Section 94 herein, must be analyzed by a qualified, independent agency, unless other prior arrangements have been authorized in writing by the General Manager, Engineering. 97. If there is no control manhole on the parcel, the point of discharge into the sanitary sewerage system, for the purposes of enforcing this By-law, will be designated by the General Manager, Engineering as that location where access to the discharge for the purpose of measuring, observing or sampling is possible. 98. No person other than an authorized person from the City shall remove or tamper with the sanitary sewerage system. - 25 - Accidental Discharge / Spill Reporting 99. Persons shall notify the City and appropriate government agencies immediately of any sludge loading, accidental discharges or any other discharges or highway spills of wastes in violation of this By-law to enable countermeasures to be taken by the City and other agencies to minimize damage to the sanitary sewerage system, wastewater treatment system, receiving waters or the surrounding environment. The persons 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 does not take immediate action to provide appropriate countermeasures, the City may take appropriate action to minimize damage to the sanitary sewerage system, wastewater treatment system, receiving waters or the surrounding environment. All costs incurred by the City in mitigating damage shall be paid by the persons instigating the discharge or spill. 100. This notification shall be followed, within five (5) calendar days of the date of the occurrence, by a detailed written statement to the City from the owner describing the causes of the discharge and the measures being taken to prevent another occurrence. 101. Such notification will not relieve owners of liability for any direct or consequential expense, loss or damage to the sanitary sewerage system, wastewater treatment system, receiving waters or the surrounding environment or for any fines and/or penalties imposed by this By- law or the Greater Vancouver Sewerage and Drainage District, or any other agency. PART 6 - USER CHARGES User Charges 102. The charges enumerated in Schedule "C" are hereby imposed and levied by the City to every owner of real property which is directly or indirectly served by the City's sanitary sewerage system. Every owner of real property which is directly or indirectly served by the City's sanitary sewerage system must pay an appropriate user charge as determined by the City. 103. Each parcel of land or premises to which a service connection has been made shall be classified by the collector in accordance with the categories set out in Schedule "C" to this By-law. Any parcel of land which contains more than one of the categories enumerated in Schedule "C" shall be classified in respect to each such category contained within the parcel. 104. The user charge levied pursuant to this By-law in no way legalizes the use for which it is being charged, which may or may not be in contravention of other City by-laws. In charging the user charge, no determination of compliance with other City by-laws has been made and should the use of land and premises contravene any of the by-laws now or in the future, the City reserves the right to enforce those by-laws in accordance with their conditions. 104.1 For all new construction of residential strata buildings to which a new service connection is made during a year, a prepaid user charge will be payable at the time of building permit application in the amount of the user charge established in Schedule "C" for each strata unit proposed to be constructed. The prepaid user charge will be nonrefundable and applied as a credit to the strata property's metered utility account. - 26 - Timing of Payment 105. All user charges levied pursuant to Section 102 must be paid at the office of the collector 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. 106. If a change is made in the size, use or type of building or structure classified by the collector pursuant to Section 103, the collector 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. 107. Where a pro-rated user charge for the use of the sanitary sewerage system is levied pursuant to Section 106, the charge must be paid within thirty (30) days of billing. 108. 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 collector 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 By-law 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 collector applies the rebate first against any arrears of charges owing by the owner under this By-law in respect of that property. 109. 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 Schedule "C" of this By-law. To avoid payment of user charges the owner must apply for a permanent abandonment of the service connection. Failure to Pay User Charges 110. The user charge levied by the City 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 City taxes. Costs to Be Bourne By Owner 110.1 If any person fails to carry out the work required by any provision of this By-law, the City may enter the parcel to undertake the required work and bill the owner for the actual cost incurred by the City 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, shall be deemed to be taxes in arrears on the parcel and will be dealt with in the same manner as City taxes. - 27 - PART 7 - OFFENCES AND PENALTIES 111. No person shall supply false information or make inaccurate or untrue statements in a document or information required to be supplied to the City pursuant to this By-law. 112. No person shall 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. 113. Any person who contravenes any provision of this By-law is liable to the City for and must indemnify the City from 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 City may have under this By-law or otherwise at law. 114. Every person who violates any of the provisions of this By-law, or who suffers or permits any act or thing to be done in contravention of this By-law, or who refuses, omits, or neglects to fulfill, observe, carry out, or perform any duty or obligation imposed by this By- law is liable, on summary conviction, to a fine of not less than the sum of One Hundred Dollars ($100.00), but not exceeding the sum of Ten Thousand Dollars ($10,000.00). 115. Where there is an offence that continues for more than one day, separate fines may be issued for each day or part thereof in respect of which the offence occurs or continues. 116. The City may enforce compliance with the stipulations within this By-law or non-payment of fines by shutting off the provision of sewer services being supplied to the user or discontinuing the service thereof. 117. A person who contravenes this By-law may also be in contravention of the GVS&DD By-law. A penalty separate from and independent of the penalties under this By-law may also be imposed under the current GVS&DD By-law. 118. Nothing in this By-law limits the City from utilizing any other remedy that is otherwise available to the City at law. 119. Any charges pursuant to this by-law 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 in arrears in respect of the parcel and will be recoverable by the City as such. PART 8 - EFFECTIVE DATE 120. This By-law shall come into effect on the 30th day of March, 2009. PART 9 - SEVERABILITY 121. Each provision of this By-law is severable from each other provision, and, if any provision is determined 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 a Court otherwise determines. - 28 - PART 10 - REPEAL 122. "Surrey Sewer Rates and Extension Regulations By-law, 1964, No. 2240" and amendments thereto are hereby repealed. READ A FIRST TIME on the 16th day of June, 2008. READ A SECOND TIME on the 16th day of June, 2008. READ A THIRD TIME on the 16th day of June, 2008. RECONSIDERED AND FINALLY ADOPTED, signed by the Mayor and Clerk and sealed with the Corporate Seal on the 30th day of March, 2009. Mayor Clerk - 29 - "SURREY SANITARY SEWER REGULATION AND CHARGES BY-LAW, 2008, NO. 16611" SCHEDULE "A" SEWER EXTENSION BY AN APPLICANT WISHING TO FRONT-END THE COSTS 1. Where an applicant wishes to front-end the costs to provide a sewer extension, this Schedule shall apply. 2. The applicant shall execute a servicing agreement with the City, 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 by-law of the City. 4. The General Manager, Engineering is authorized to execute a 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 "Subdivision and Development By-law, 1986, No. 8830", as may be amended or replaced from time to time. - 30 - "SURREY SANITARY SEWER REGULATION AND CHARGES BY-LAW, 2008, NO. 16611" SCHEDULE "B" APPLICATION FOR SERVICE CONNECTION TO: The General Manager, Engineering Department CITY OF SURREY DATE: I/We , being the Registered Owner(s) of the certain property described as: Lot _______ Block _______ Qtr. Sec. ______ TP ___________ Range ____________ Plan ____________. in the City of Surrey, apply for a sewer connection to the said property. I/We agree to comply with the Sanitary Sewer Regulation and Charges By-law, 2008, No. 16611, as amended, and: - to duly pay all the charges and taxes prescribed by the By-law or by-laws of the City pertaining to the sanitary sewerage system; - to protect, release, indemnify and save harmless the City of Surrey from all claims and ____ damages caused by blockages of any pipes for sewer service under this application, or Initials arising out of the breakdown or malfunction of the sanitary sewerage system or the connection; - that only domestic waste* will be discharged to the sanitary sewerage system. Down-pipes, tile-drains or any rain, surface or ground water collecting conduit shall not be connected to sanitary sewerage system; and - that the General Manager, Engineering will determine the acceptability of the application subject to the conditions of the Sanitary Sewer Regulation and Charges By-law, 2008, No. 16611, as amended. I/We hereby agree to the above and this agreement shall be binding upon my/our heir, executors and assigns. **Witness: ) __________________________________________ ) _________________________________ Name ) ***(Signature of Owner) __________________________________________ ) _________________________________ Address ) (Please Print Name) __________________________________________ ) Occupation ) _________________________________ ) ***(Signature of Owner) ) _________________________________ as to all signatures ) (Please Print Name) * For discharge of non-domestic wastes, the applicant must apply for and is required to obtain a Waste Discharge Permit from the Greater Vancouver Regional District. ** The witness to the signature(s) of the Owner cannot be a City employee or a person residing at the Property. *** Only the registered Owner may sign this agreement (no agents). FOR OFFICIAL USE ONLY. Civic Address: Service Category: Connection Size: Connection Charge: $ ............... Receipt No. Other Charges: ............... Receipt No. Plumbing Permit No. Date of Final Inspection Date of Notification to Taxes: - 1 - "SURREY SANITARY SEWER REGULATION and CHARGES BY-LAW, 2008, No. 16611 SCHEDULE "C" CHARGES 1.0 CONNECTION CHARGE: 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, or 50 mm (2 inch) diameter vacuum system connection. Connection Charge: 100% of actual cost 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 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 City: Connection Charge: Nil 1.1.4. If the City 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 Charge: As set out in "Surrey Fee-Setting By-law, 2001, No. 14577" as amended. 2.0 Annual User Charges: 2.1. 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 City shall pay to the City the annual user charges based on the actual property use as set out within this Schedule. 2.2. The annual user charges levied on a parcel does not in any way legalize the use, which might be in breach of other City bylaws. In levying the annual user charges, no determination of compliance with other City bylaws has been made and should the use of land and premises breach any of the bylaws now or in the future, the City reserves the right to enforce those bylaws in accordance with their conditions. - 2 - 2.1 Residential Users Without Metered Water Service: Categories of charges are based on actual use of property. Table 2.1.A. Annual User Charges - Per Parcel or Dwelling Unit Actual use of Property Payment before April 2nd (Due Date) Each Dwelling Unit $1,661.00 Apartment House / Townhouse Non- Strata Unit $821.71 Each Secondary Suite $821.71 Apartment House / Townhouse Strata Unit $571.00 Annual user charges are subject to a 5% penalty if paid after the first annual due date of April 2nd and a further 5% penalty if paid after the second annual due date of July 2nd. All utility charges including penalties if left unpaid on December 31st of the year will be considered taxes in arrears payable the following year. 2.2 Residential Users With Metered Water Service. For the use of the City's sanitary sewerage system, the owner or occupier of residential real property with metered water supply may be levied 'pay-by-flow' annual user charges in accordance with this schedule and shall be billed the user charges for each four-month period or part thereof commencing upon installation of a water meter and based on eighty-eight percent (88%) of the total quantity of water as measured by the water meter to the premises situated on the real property. 2.2.1. For sewage discharge: annual user charge = $2.3593 per cu. metre of sewage discharged. 2.2.2. All accounts classified under the residential users category shall be due and payable on the second (2) day of the month following the month in which the account is rendered and shall be subject to a penalty of five percent (5%) if the amount for that bill is 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. - 3 - 2.3 Non-Residential Users Without Metered Water Service. Commercial, Industrial and/or Institutional Properties. 2.3.1. Any owner or occupier of a non-residential parcel whose water service is not metered shall pay annually the annual basic charge per parcel of Land set out in Table 2.3.1.A. Table 2.3.1.A. Annual User Charge Per Parcel or Unit Actual use of Property Payment before April 2nd (Due Date) Non-Residential Strata and Non-strata (first unit) $3,322.00 Non-Residential Non-strata (additional units) $3,935.06 Annual user charges are subject to a 5% penalty if paid after the first annual due date of April 2nd and a further 5% penalty if paid after the second annual due date of July 2nd. All utility charges including penalties if left unpaid on December 31st of the year will be considered taxes in arrears payable the following year. 2.4 Non-Residential Users With Metered Water Service. Commercial, Industrial and/or Institutional Properties. 2.4.1. For the use of the City's sanitary sewerage system, the owner or occupier of a non-residential parcel with metered water supply shall be levied 'pay-by-flow' user charges in accordance with this schedule and shall be billed the user charges for each four-month period or part thereof commencing upon installation of a water meter and based on eighty-eight percent (88%) of the total quantity of water as measured by the water meter to the premises situated on the real property. Any additional quantity of water used but not provided by the City that discharges to the sanitary system shall be measured, recorded and certified by a professional engineer. 2.4.2. For sewage discharge: annual sewer user charge = $2,3593 per cu. meter of sewage discharged. 2.4.3. An owner or occupier of parcel who considers that the volume of sewage output from the parcel in question differs significantly from the volume of water delivered to the premises may make a written request to the General Manager, Engineering for a review of the volume of sewage output. The request shall accompany technical substantiation certified by a third-party professional engineer to prove the lesser flow volumes. 2.4.4. The General Manager, Engineering may establish a revised basis upon which the owner or occupier shall pay for the sanitary sewerage system. The General Manager, Engineering shall, in that event, instruct the collector to revise the user charge in question. 2.4.5. When the property discharges waste in excess of the water provided by the City, a meter or other device capable of measuring and recording the quantity of sewage discharged into the sanitary sewerage system shall be installed to the satisfaction of the General Manager, Engineering and all costs of the installation shall be borne by the applicant. Where such meter - 4 - or other device is installed, the user charges provided for in this bylaw shall be applied to the total volume of sewage discharged into the sanitary sewerage system as recorded by the meter or other device. 2.4.6. All accounts classified under the non-residential sewer user category shall be due and payable on the second (2) day of the month following the month in which the account is rendered and shall be subject to a penalty of five percent (5%) if the amount for that bill is 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. 3.0 For Prepaid New Residential Strata Construction: 3.1 For each strata unit to be constructed $191.00 4.0 Sewer Cross Connection Surcharge: 4.1 The sewer cross-connection surcharge shall be equivalent to the Residential Users Without Metered Water Service: Annual User Charges as listed in Table 2.1.