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DISTRICT OF UCLUELET
BYLAW NO. 2013, 2026
SEWER REGULATION BYLAW
A BYLAW TO PROVIDE FOR THE OPERATING, MAINTAINING, AND USE OF THE DISTRICT OF
UCLUELET SEWER SYSTEM
WHEREAS the Community Charter authorizes the District to operate a sanitary sewerage
system as a municipal service deemed to be necessary or desirable for all or part of the
DISTRICT and to regulate in relation to the sewer service;
AND WHEREAS the District 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 District;
AND WHEREAS it is expedient that all real property within the District which requires the
service and is capable of being served, should be so served and connected to the sanitary
sewerage system and that the cost of connecting such properties should be paid for in
whole or in part by the owners of the property requiring connection to or which wholly
fronts or abuts the sanitary sewerage system;
AND WHEREAS it is deemed equitable that the cost of operating, maintaining, and
upgrading the sanitary sewerage system is paid for by those who directly or indirectly
benefit from the system.
NOW THEREFORE the Council of the District of Ucluelet, in open meeting assembled,
hereby enacts as follows:
1.
TITLE:
This bylaw may be cited for all purposes as "Sewer Regulation Bylaw No. 2013,
2026".
2.
DEFINITIONS:
"Applicant"
means an owner or authorized agent for the owner who
requests the District 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,
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and from whom the DISTRICT may expect to receive
revenue on a continuing basis for this service at the
current annual charges as established by this bylaw.
"Benefitting Land"
means a parcel fronting, flanking, or abutting a sewer
main extension or otherwise benefiting from the
extension.
"Building Bylaw"
means the "Building Bylaw No. 2001, 2026" as amended
or replaced.
"Building Sanitary
Sewer"
means a pipe, including manholes and inspection
chambers laid on a property connecting a service
connection with a house, building, or structure on the
property.
"Collector"
means the Manager of Finance or their duly appointed
representative.
"Connection Charge"
means the amount due and owing to the District for the
installation and construction of a service connection as
set out in the "Fees and Charges Bylaw" as amended or
replaced, including any latecomer charges or local
service tax.
"Cooking Equipment"
means equipment, devices or appliances that can be
utilized to prepare a meal within a dwelling unit and
includes a sink, counter-top, gas or electric range or
stove, counter-top cooking unit, hot plate, wall oven,
microwave oven, convection oven, toaster oven,
electric frying pan, electric wok, pressure cooker, crock
pot, cabinet for storage of food or any other such
culinary facility or any combination of such culinary
facilities and includes the arrangement of service lines
which provide the energy source being used or
intended to be used to service such facilities.
"Council"
means the District Council of the District
"Design and
Construction Standards"
means the documents referred to and incorporated into
Schedule "A" of the "Subdivision Services Control Bylaw,
521" as may be amended or replaced, related to design
and construction standards.
'Director of Finance"
means the Director of Finance for the District or their
duly appointed representative.
"District"
means the District of Ucluelet.
"Domestic Waste"
means waste produced on real property or in premises
which is solely used for residential purposes.
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"Dwelling Unit"
means one or more habitable rooms which constitute
one self-contained unit used or intended to be used for
living and sleeping purposes for which is provided:
(a) cooking equipment or the facilities for the
installation of cooking equipment; and
(b) one or more bathrooms with a toilet, wash basin
and shower or bath.
"Environmental
Management Act"
means the Environmental Management Act, 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, sewage lagoons
and other equipment and facilities for collecting and
transporting waste on any highway or District 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 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.
"Fees and Charges
Bylaw"
means "Fees and Charges Regulation Bylaw 1186, 2016"
as amended or replaced.
"Flankage"
means the greater measurement of the boundary of a
parcel abutting a District road right-of-way, where the
parcel abuts more than one District road right-of-way.
"Frontage"
means the boundary of a parcel abutting a District road
right-of-way. Where the parcel abuts more than one
District road right-of-way other than a lane, the
frontage shall be that boundary having the least
measurement.
"Front-ender"
means a person who pays the actual costs of an
extension and who may enter into a latecomer
agreement with the District, and shall include the
assignee of the latecomer agreement.
"Groundwater"
means water below the surface of the ground, as
defined in the Water Act.
"Hydraulic Head"
means the flow of sewage is operating against
resistance and the flow depth is above the crown of the
sewer pipe.
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"Inspector"
means the Building Inspector for the District or their
duly appointed representative.
"Latecomer"
means the owner of a parcel of real property 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 District, under which the District 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 District 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 and amendments
thereto.
"Low Pressure System"
means a sanitary sewerage system consisting of on-site,
privately owned, operated, and maintained sewage
pumps, with discharge pipes connected to a District
owned and operated low pressure sewage force main
or gravity sewer. The entire length of the service
connection is private, even that portion within the
public right-of-way.
"Multiple Unit
Residential Building"
means a building which contains two or more dwelling
units, excluding secondary suites.
"Owner"
means an owner of a parcel of real property including:
(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 Community Charter and amendments
thereto.
"Parcel"
means any lot, block, or other area in which land is held
or into which it is subdivided, but does not include a
highway.
"Person"
shall mean and include the Owner, natural persons of
sex, associations, corporations, bodies politic, and co-
partnerships whether acting by themselves or by a
servant, agent, or employee and the heirs, executors,
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administrators
and
assigns
or
other
legal
representatives of such person to whom the context
can apply according to law.
"Professional Engineer"
means an engineer registered or licensed and in good
standing, with the Association of Professional Engineers
and Geoscientists of British Columbia.
"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.
"Sani-Station"
means an approved facility to which sewage is
transported for temporary storage.
"Sanitary
Developer
Reimbursed" or SDR"
means a service connection installed by a developer
under agreement with the District.
"Sanitary Sewerage
System"
means all sanitary sewer works, sewage facilities, and all
appurtenances thereto, including sewer mains, sewage
lagoons, sewer outfalls, service connections, sewage lift
stations, force mains, siphons and treatment facilities
owned, controlled, maintained, and operated by the
District for collecting and transporting waste, but shall
not include storm drains.
"Secondary Suite"
means an additional dwelling unit within the structure
of a single-family dwelling unit.
"Service Connection"
means a service pipe from the sewer to the property
line of a parcel and includes an inspection chamber.
"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 water.
"Sewage Facility"
means works owned, operated, and maintained by the
District or otherwise under the control or jurisdiction of
the District 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"
means a pipe, or conduit and other equipment and
facilities,
owned,
operated,
and
maintained
or
otherwise under the control or jurisdiction of the
District, for collecting and transporting waste either to a
sewage facility or otherwise
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"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 thereto.
"Storm Drains" or
"Drains"
means all pipes, conduits, drains, and other equipment
intended or necessary to carry storm water.
"Storm Water"
means water resulting from natural precipitation from
the atmosphere and which is intended to be
transported in a storm drain.
"Superintendent of
Public Works"
means the Superintendent of Public Works for the
DISTRICT and shall include his or her duly appointed
assistants and representatives.
"Temporary
Service
Connection"
means a connection to the sanitary sewerage system,
granted conditionally by the District for a parcel on a
temporary basis.
"User Charge"
means the amount of money charged to owners whose
real property or premises are served directly or
indirectly by the sanitary sewerage system and
calculated on various factors all of which are set out in
the Fees and Charges Bylaw.
"Zoning Bylaw"
means "District of Ucluelet Zoning Bylaw No. 1160,
2013" as may be amended or replaced from time to
time.
3.
GENERAL PROVISIONS:
3.1
The Superintendent of Public Works shall administer this bylaw except Part 6
and Schedule "A", which shall be administered by the Collector.
3.2
The provisions of this bylaw apply to all extensions and connections and
direct or indirect discharges to any part of the sanitary sewerage system
under the control of the District.
3.3
Council may from time to time amend this bylaw 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.
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3.4
In this bylaw words importing the male gender include the female gender
and either includes neuter and vice-versa and words importing singular
number include the plural number and vice versa.
3.5
For the purposes of this bylaw the Director of Finance shall have charge of
the rating of all buildings and premises supplied with sewer services and the
Superintendent of Public Works 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.
Supply of Sewer Services throughout the District
3.6
It shall be lawful for the District to provide sewer services to the inhabitants
of the District who can be served from the District's sanitary sewerage
system, and the provisions of this bylaw shall extend to and be binding upon
all persons so served.
No Obligation to Provide Service
3.7
Nothing in this bylaw shall obligate the District to provide sewer services to
any person when:
(a)
the cost of laying the 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 District
the cost of laying the sewer mains to the person's premises and the
trunk sewer mains to which such mains are to be connected are of
sufficient capacity to provide the sanitary sewerage service; or
(b)
the capacity of the sanitary sewerage system is insufficient to
provide the service.
District Not Liable for Failure of the Sanitary Sewerage System
3.8
The District 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 sewer 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
District or any other person or through natural deterioration or
obsolescence of the sanitary sewerage system, or otherwise.
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Collection and Transportation of Waste
3.9
The District does not guarantee service. The District 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 District, its officers, employees, nor 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.
3.10
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.
4.
SEWER EXTENSIONS
General
4.1
All extensions to the sanitary sewerage system shall be undertaken,
installed, constructed, operated, maintained, upgraded and replaced in
accordance with the terms and conditions of this bylaw. No person other
than an authorized person from the District shall remove or tamper with the
sanitary sewer system.
4.2
The cost of all extensions shall be paid for in accordance with the provisions
and subject to the limitations of this bylaw.
4.3
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 District's design and
construction standards.
4.4
The District 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 District to expend an
inordinate amount of time, effort, or money, as determined by the
District, to operate and maintain the extension, in comparison to the
revenue that it would generate.
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District Funded Extensions
4.5
Sewer extensions which the District 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 District; and
(c)
not excessive as determined by Council.
Application for Sewer Extensions
4.6
All applications for sewer extensions shall be made in writing to the District
of Ucluelet. The District 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.
4.7
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
District, from the most suitable existing sewer as determined by District, to a
point opposite the farthest boundary of the last parcel of land to be served
or to such point as the District 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.
4.8
Only after an applicant has deposited with the District an amount of money
or equivalent security equal to the estimated cost of the proposed extension
as calculated by the District, may the District proceed to install and construct
the extension.
4.9
The District may appoint an applicant as an agent of the District to carry out
the design, installation and construction of an extension subject to the
applicant agreeing to have the extension designed, installed and constructed
in accordance with the District's design and construction standards
respecting size, depth, grades as well as other specifications and conditions
that the District stipulates.
4.10
An applicant wishing to construct an extension at the applicant's own
expense must:
(a)
enter into an agreement with the District containing conditions listed
in the applicable form; and
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(b)
pay to the District all fees in accordance with the Fees and Charges
Bylaw.
Upsizing of Sewer Mains
4.11
Where the District determines that a sewer main of greater capacity should
be installed than is required to provide service to the parcels for which an
application for an extension has been made, the applicant will upsize the
sewer main, the District shall pay the cost of providing the excess capacity in
accordance with the current Council policy, if the required funds are
available. This provision applies only to upsizing of a sewer main of larger
diameter than the base size of 200 mm diameter for residential zones and
250 mm diameter for industrial, commercial, and institutional zones.
Recovery of District's Costs
4.12
Where the District has incurred capital costs for an extension, the owner of
the benefiting land shall pay the local service tax or latecomer charge
prescribed under the relevant bylaw or agreement.
4.13
No provision of this Bylaw 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 District will not in any way exempt the
person receiving service from any regulations, rates, order or bylaw of the
District. The payment of part or all of the installation and construction costs
by any applicant for a service connection shall not be construed as a
guarantee by the District with respect to continuity or adequacy of service.
5. SERVICE CONNECTIONS:
Eligibility for Service Connection
5.1
Subject to approval by the District, owners of real property are entitled to a
service connection if the parcel to be serviced fronts on the sanitary
sewerage system for the entire frontage or flankage of the parcel, the parcel
is located within the District's Sewerage Area, 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 District for a service
connection in accordance with the requirements of this Bylaw.
5.2
When extending the sanitary sewerage system, and where a parcel partially
abuts the sanitary sewerage system, the entitlement to a service connection
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will only be considered if the length of the sewer abutting the parcel exceeds
the minimum lot width permissible under the Zoning Bylaw for the current
zoning of the parcel.
5.3
Where a parcel partially abuts the sanitary sewerage system, but the length
of the abutting sewer does not meet the criteria of Section 5.2 connection to
the sanitary sewerage system may be permitted by the District on a
temporary basis pursuant to Section 5.15 of this Bylaw.
5.4
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 provided 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 District stipulating that the service connection is
governed by the terms and conditions of this bylaw and the Building
Bylaw;
(b)
to pump the waste by means of a sewage pump unit designed by a
professional engineer and located on the owner's parcel; and
(c)
to install the sewage pump unit and the associated force main in
accordance with the engineered design, and to operate and
maintain them, all at the owner's expense.
5.5
Every parcel that fronts or abuts a sewer must have a separate service
connection installed by District employees, contractors, or agents. Only with
a written, conditional permission of the District may any other person install
or construct a service connection.
5.6
Where two or more buildings existing 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 District that disallows future subdivision of the parcel.
Application Process for a Service Connection
5.7
An application for a service connection must be made in writing to the
District of Ucluelet by the owner of the parcel in the form prescribed in the
"Application for Service Connection."
5.8
Every application for a service connection must be accompanied by the
applicable connection charge.
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5.9
The District will direct that the installation and construction of a service
connection be commenced within ninety (90) days of approval of the
application.
5.10
If a service connection, temporary or permanent, is not practicable, the
District will notify the applicant within sixty (60) days and the District will
refund any charges paid by the applicant.
5.11
When an application for a service connection accompanies a building permit
with the construction value greater than $100,000 or where a parcel is being
redeveloped, the following shall apply to the service connection and the
building sanitary sewer:
(a)
if the service connection and building sanitary sewer is less than 30
years old, the owner must provide a video inspection and
recommendation for the District to review. The owner shall repair
or replace the connection if the District determines that the
connection is not adequate for service or has excessive damage;
(b)
if either the service connection or the building sanitary sewer is 30
years old or older, a replacement or new service is required;
(c)
all no-corrode, asbestos cement or clay service pipes of any age or
condition shall be replaced;
(d)
any shared service connections and building sanitary sewer shall be
replaced; and
(e)
all costs associated with the above are the responsibility of the
owner.
The District may waive part of the above requirements if the District deems
the cost of the replacement excessive.
Service Connection Location
5.12
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 District will designate the location of
the service connection to each parcel of land or premises.
Pre-servicing with a Service Connection
5.13
Where street surface improvements are scheduled for installation by the
District during a current budget year or where the District deems it prudent
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and cost-effective to install a service connection to any parcel, the District
may order a service connection to be installed regardless of whether or not
any improvement is constructed on the parcel, and the cost of the service
connection will be recovered in accordance with the conditions set out
within this bylaw.
Additional Service Connections
5.14
If additional service connections are required, the owner must apply to the
District 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 District.
Temporary Service Connection
5.15
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 Vancouver
Island Health Authority, may apply for a temporary service connection and
may be approved for a temporary service connection by the District, at a
location determined by the District, 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 District.
(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 District'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 District
to be installed through private lands not owned by the applicant, an
easement to which the District is a party must be executed and
registered in the Land Title Office before any connection is permitted
by the District.
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(f)
The applicant agrees to remain responsible for all maintenance and
upkeep of the works from the point where the works connect to the
District's sewer to the building or structure for which the temporary
service connection is provided, including all off-site works on the
District'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 District may discontinue service in any
of the following circumstances:
i)
an application is made by another person for an extension
along the street or road allowance upon which the parcel
served by a temporary service connection fronts;
(ii) the District or others decide to proceed with the construction
of a sewer on the street, lane, or road allowance upon which
the parcel has frontage;
(iii) if the building sanitary sewer and/or service connection is
improperly maintained;
(iv) if waste generated on properties other than the parcel allowed
the temporary service connection is being discharged through
the temporary service connection; or
(v) if the owner of the parcel with the temporary service
connection contravenes any of the provisions of this bylaw.
5.16
Where a temporary service connection is discontinued, the owner of the parcel must
pay:
(a)
the costs incurred by the District to disconnect and remove the
temporary service connection;
(b)
the connection charge with respect to the new sewer main; and
(c)
any local service tax and latecomer charge.
5.17
Every owner of a parcel to be granted a temporary service connection must register
a restrictive covenant on title stipulating that the temporary service connection is
governed by the terms and conditions of this bylaw.
Specific Prohibitions
5.18
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 bylaw.
5.19
The owner of a parcel that is connected to a service connection or to a sewer
without first making appropriate application to and obtaining approval from the
District or without paying the applicable charges, or commences the use of the
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service prior to having been granted a formal occupancy permit for the use of the
premises, is in contravention of this bylaw. In addition to any penalty that may be
applicable, the building sanitary sewer may be disconnected and the service
stopped up or closed. The District may establish conditions and requirements which
the owner must fulfill before the service can be reinstated.
5.20
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 District or employee or agent of the District 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 bylaw.
5.21
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.
5.22
The District may expressly appoint an applicant as an agent of the District to carry
out the design, installation, and construction of a service connection subject to the
applicant agreeing to design, install and construct the service connection in
accordance with the design and construction standards respecting size, depth,
grades as well as other specifications and conditions that the District stipulates.
5.23
Except as provided under Sections 22 and 49, 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
District. Low pressure systems are the exception, whereby an owner may construct
a private service connection(s) within the public right-of-way subject to obtaining a
District road and right-of-way permit and a plumbing permit.
Low Pressure Systems
5.24
At no time shall the owner change the pumping characteristics of the pumping
system within a parcel connected to a low-pressure main line sewer, unless
otherwise approved by the District.
5.25
The owner is fully responsible for the operation, maintenance, repair, and
replacement of the pumping system including pump unit(s), controls, entire force
main and all auxiliary components, from the building to the connection to a District
low pressure sewer mainline. The owner shall register a restrictive covenant to this
effect on title to the property.
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5.26
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
District. All work is to be completed at the owner's cost.
Building Sanitary Sewer
5.27
Every owner shall construct building sanitary sewers in strict compliance with the
current B.C. Building Code 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.
5.28
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 B.C. Building Code unless otherwise provided for in this Bylaw.
5.29
If after receiving written notice from the District, the owner does not operate and
maintain the building sanitary sewer, an agent or employee of the District may
enter the parcel to undertake necessary repairs and/or replacements. Actual cost is
recoverable by the District and shall be paid by the owner in full. The District shall
be entitled to recover actual cost from the owner in the same manner as District
taxes.
5.30
Grease, oil and sand interceptors shall be provided on the building sanitary sewer
for all garages, automobile service stations, restaurants, fast food outlets and
vehicle and equipment washing establishments. Interceptors will be required for
other types of businesses, when in the opinion of the District they are necessary for
the proper handling of liquid waste containing grease or suspended materials. All
interceptors shall be of a type and capacity approved by the District 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 District may prescribe the
manner and the frequency of maintenance and may require that the owner
periodically provide acceptable proof of maintenance to the District.
Procedure after Service Connection
5.31
Every owner of a parcel who connects to the sanitary sewerage system from
previously having a septic disposal system must :
(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 District.
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Compulsory Connection and Exemption
5.32
Every owner of real property fronting or abutting a sewer shall connect to the
sanitary sewerage system.
5.33
If an owner fails to comply with Section 5.32, in addition to any other penalty that
may be imposed by this Bylaw, the District, may have the work done at the expense
of the owner, and the District shall be entitled to recover the actual cost of the work
done from the owner in the same manner as District taxes.
Industrial, Commercial and Institutional Inordinate Discharges
5.34
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
District. 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 bylaw.
5.35
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 District.
5.36
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 District.
The District 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
5.37
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 District, in writing. The District shall, as soon as
reasonably practicable, arrange to have the sewer or service connection unstopped
or otherwise restored to serviceable condition.
5.38
Where there is no inspection chamber installed on the service connection at the
property line, or the inspection chamber has been buried, covered, obstructed, and
cannot be located by the District through means of surveying, sounding, probing,
and shallow hand digging, the owner shall expose the service at the property line for
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inspection by the District. If assistance is provided to the owner to expose the
service, actual cost of the work shall be the responsibility of the owner. The cost
and effort required removing and replacing materials, 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.
5.39
Where the blockage is found in the building sanitary sewer, then the owner shall be
responsible for all costs to 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 District will, at its cost, remove the blockage,
repair the service connection, and pay reasonable direct costs necessary to initially
expose the service connection. This Section does not apply to connections to low
pressure systems.
5.40
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 District may undertake the
repairs and bill the owner for actual cost incurred by the District 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 District taxes. This Section
does not apply to connections to low pressure systems.
5.41
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 service connection.
Discontinuation and Re-instatement of Service
5.42
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, at the owner's expense, effectively cap the downstream side of the
building sanitary sewer a minimum of two 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.
5.43
In the circumstances described in Section 5.42, if the owner's intention is to not
ever use the service connection, 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 at the main and connection interface location.
Prohibited Waste
5.44
No person will permit sludge, material or deposit contained in a septic tank to enter
the sanitary sewerage system.
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5.45
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 bylaw; or
(c)
anything in a concentration or quantity which may be or may become a
health or safety hazard to personnel operating or maintaining the sewers or
the sanitary sewerage system or which may cause damage or interfere with
the proper operation of a sewer or the sanitary sewerage system or which
may injure or is capable of injuring any property, or health of any person or
any life form.
5.46
No person may discharge or continue to allow being discharged into a building
sanitary sewer or the sanitary sewerage system any storm water or permit any
groundwater infiltration.
Restricted Waste
5.47
No owner shall discharge or allow or cause to be discharged into a sanitary
sewerage system any:
(a)
restricted waste; or
(b)
contaminated water.
5.48
Sanitary waste from recreational vehicles must be discharged into approved sani-
stations.
5.49
Nothing in this bylaw absolves a person discharging waste from complying with any
regional, provincial, or federal enactment.
5.50
Any person discharging any sewage, substance or matter regulated or prohibited by
this bylaw to the sanitary sewerage system, may be disconnected from the sanitary
sewerage system and the service stopped up or capped by the District. The owner
shall pay the actual cost to disconnect the service connection and any charges levied
by other authorities.
Inspection and Monitoring
5.51
Every owner of real property and every occupier of premises to which a service
connection has been installed must allow, suffer and permit the District 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
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nature of sewage being discharged into the sanitary sewerage system, to ascertain
whether the terms of this bylaw are being complied with.
5.52
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.
5.53
The District 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 District, a control
manhole suitable for the inspection, measuring, and sampling of the non-domestic
waste. If the District determines that one or more existing manholes are suitable for
the purpose of inspecting, measuring, and sampling, the District may designate one
or more of such manholes as control manholes.
5.54
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.
5.55
The District 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 District. Failure to provide data is an offence under this bylaw.
5.56
All measuring, sampling and analysis required by the District must be carried out in
accordance with standard methods and procedures specified by the District.
5.57
Samples which have been collected as the result of a requirement of the District
pursuant to Section 81 herein must be analyzed by a qualified, independent agency,
unless other prior arrangements have been authorized in writing by the District.
5.58
If there is no control manhole on the parcel, the point of discharge into the sanitary
sewerage system, for the purposes of enforcing this bylaw, will be designated by the
District as that location where access to the discharge for the purpose of measuring,
observing, or sampling is possible.
5.59
No person other than an authorized person from the District shall remove or
tamper with the sanitary sewer system.
Accidental Discharge / Spill Reporting
5.60
Persons shall notify the District and appropriate government agencies immediately
of any sludge loading, accidental discharges or any other discharges or highway
spills of wastes in violation of this bylaw to enable countermeasures to be taken by
the District and other agencies to minimize damage to the sanitary sewerage
system, wastewater treatment system, and/or the receiving waters. The persons
shall identify the type of chemical, volume of spill, location, time, date of
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occurrence, and the countermeasures taken to control the spill. Where the person
does not take immediate action to provide appropriate countermeasures, the
District may take appropriate action to minimize damage to the sanitary sewerage
system. All costs incurred by the District in mitigating damage shall be paid by the
persons instigating the discharge or spill.
5.61
This notification shall be followed, within five (5) calendar days of the date of the
occurrence, by a detailed written statement to the District from the owner
describing the causes of the discharge and the measures being taken to prevent
another occurrence.
5.62
Such notification will not relieve owners of liability for any direct or consequential
expense, loss, or damage to the sanitary sewerage system, or for any fines and/or
penalties imposed by this bylaw or any other agency.
6.
USER CHARGES
User Charges
6.1
The charges enumerated in the "Fees and Charges Bylaw" are hereby imposed and
levied by the District to every owner of real property which is directly or indirectly
served by the District's sanitary sewerage system. Every owner of real property
which is directly or indirectly served by the District's sanitary sewerage service must
pay an appropriate user charge as determined by the District..
6.2
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 the "Fees
and Charges Bylaw". Any parcel of land which contains more than one of the
categories enumerated in the "Fees and Charges Bylaw" shall be classified in
respect to each such category contained within the parcel.
6.3
The user charge levied pursuant to this bylaw in no way legalizes the use for which it
is being charged, which may or may not be in contravention of other District bylaws.
In charging the user charge, no determination of compliance with other District
bylaws has been made and should the use of land and premises contravene any of
the bylaws now or in the future, the District reserves the right to enforce those
bylaws in accordance with their conditions.
Timing of Payment
6.4
All user charges levied pursuant to Section 89 must be paid at the District office on
or before the day stipulated as the due date for payment and if remaining unpaid
after December 31 shall be entered on the tax roll, as taxes in arrears.
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6.5
If a change is made in the size, use or type of building or structure classified by the
collector pursuant to Section 90, 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.
6.6
Where a pro-rated user charge for the use of the sanitary sewerage system is levied
pursuant to Section 93, the charge must be paid within thirty (30) days of billing.
6.7
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 bylaw
proportionate to that portion of the current year unexpired at the date of the
application, and will cause the rebate to be entered upon the current year's sewer
rates roll, provided that the Collector applies the rebate first against any arrears of
charges owing by the owner under this bylaw in respect of that property.
6.8
An owner wishing to have premises discontinued temporarily for a period not
exceeding twelve months, shall have the charges suspended for the period
coinciding with the water shut-off and the corresponding water charges suspension.
The Collector shall reinstate the charges following the expiry of the temporary shut-
off or twelve months after the date it was suspended, whichever occurs first. The
owner shall pay all applicable fees in accordance with the bylaws of the District.
Failure to Pay User Charges
6.9
The user charge levied by the District 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 ordinary District taxes upon land in accordance
with the applicable provisions of the Community Charter.
7.
BYLAW ENFORCEMENT OFFICER
7.1
For the purposes of this bylaw, the designated Bylaw Enforcement Officer means
any of the following;
(a)
Chief Administrative Officer
(b)
Bylaw Enforcement Officer
(c)
Director of Engineering
(d)
RCMP Officers or RCMP Auxiliary Officers.
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7.2
The Bylaw Enforcement Officer is authorized and empowered to inspect, compel,
and require that all the regulations and provisions prescribed in this bylaw are
carried out.
8.
OFFENCES
8.1
No person shall supply false information or make inaccurate or untrue statements in
a document or information required to be supplied to the District pursuant to this
Bylaw.
8.2
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.
8.3
Any person who contravenes any provision of this bylaw is liable to the District for and must
indemnify the District 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
District may have under this bylaw or otherwise at law.
8.4
The District may enforce compliance with the stipulations within this bylaw or non-
payment of fines by shutting off the provision of sewer services being supplied to
the user or discontinuing the service thereof.
8.5
Nothing in this bylaw limits the District from utilizing any other remedy that is
otherwise available to the District at law.
9.
VIOLATION AND PENALTY:
9.1
No person shall prevent or obstruct, or attempt to prevent or obstruct, a Bylaw
Enforcement Officer in the enforcement of the provisions of this bylaw.
9.2
Any Person who causes, permits or allows anything to be done in contravention or
violation of this Bylaw, or who neglects or fails to do anything required to be done
pursuant to this Bylaw, commits an offence against this Bylaw and is liable upon
summary conviction to pay a fine of not more than $50,000, plus the costs of
prosecution, and any other penalty or remedy available under the Community
Charter and Offence Act.
9.3
This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice
Enforcement Bylaw No. 2000, 2026" as amended or replaced.
9.4
Where an offence under this Bylaw is of a continuing nature, each day that an
offence continues, or is permitted to exist, constitutes a separate offence.
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9.5
Any charges pursuant to this bylaw placed on the assessment roll of a parcel and
remaining unpaid after the 31st day of December in any year shall be deemed to be
taxes in arrears in respect of the parcel and will be recoverable by the District as
such.
10.
SEVERABILITY:
If any provision of this Bylaw is determined by a court of competent jurisdiction to be
unlawful or unenforceable, that provision shall be severed from this Bylaw and shall not
affect the validity of any remaining provision of this Bylaw.
11.
ADMINISTRATIVE PROVISIONS:
This bylaw hereby repeals "District of Ucluelet Sewer Regulation and Charges Bylaw No.
1135, 2011"and any amendments thereto.
READ A FIRST TIME this 28th day of April, 2026.
READ A SECOND TIME this 28th day of April, 2026.
READ A THIRD TIME this 28th day of April, 2026.
ADOPTED this 26th day of May, 2026.
____________________________
__________________________
Marilyn McEwen
Ed Chow
Mayor
Corporate Officer
THE CORPORATE SEAL of the District
of Ucluelet was hereto affixed in the
presence of:
Ed Chow, Corporate Officer
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SCHEDULE "A"
SEWER EXTENSION/FRONT-END COSTS
1. When an applicant wishes to front-end the costs to provide a sewer extension, the
applicant shall execute a servicing agreement with the District, indicating the
description and the location of the sewer extension, and agreeing to the terms and
conditions in the servicing agreement.
2. No provision of this Schedule shall be deemed to exempt any land from payment of
taxes, charges or fees imposed by any bylaw of the District.
3. If the District 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 8% 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.
4. 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.
5. The Superintendent of Public Works and Clerk are authorized to execute a servicing
agreement containing the above general conditions.