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SANITARY SEWER AND STORMWATER
UTILITIES BYLAW
BYLAW NO. 14-071
This consolidation is a copy of a
bylaw consolidated under the
authority of section 139 of the
Community Charter.
(Consolidated on January 22,
2026 up to Bylaw No. 26-005)
This bylaw is printed under and
by authority of the Corporate
Administrator of the Corporation
of the City of Victoria.
2
NO. 14-071
SANITARY SEWER AND STORMWATER UTILITIES BYLAW
A BYLAW OF THE CITY OF VICTORIA
(Consolidated to include Bylaws No. 15-021, 15-089, 15-093, 16-080, 17-112, 17-121 18-098,
19-095, 20-108, 21-088, 22-096, 23-067, 23-097, 24-089, 26-005)
The purpose of this Bylaw is to regulate the installation, maintenance, and use of the City's
sewers, to establish charges for connections to and use of the City's sewers, and to regulate the
discharge of water and waste into sewers and watercourses.
Under its statutory powers, including sections 8 and 194 of the Community Charter, the Council
of The Corporation of the City of Victoria, in a public meeting assembled, enacts the following
provisions:
TABLE OF CONTENTS
PART 1 - INTRODUCTION
1
Title
2
Definitions
3
Administration
4
Continuation of Sewer Utility Systems
PART 2 - SEWER CONNECTIONS AND EXTENSIONS
5
Application for Service Connection
5A
Storm Sewer Connection Required
6
Application for Extension of Public Sewer Main
7
Location of Service Connection
8
Information about Sewer
9
Timing of Service Connection
10
Permission to Disturb Sewer
11
Application for Hub Connection
12
At Cost Work
13
Application for Testing Existing Service Connection
14
Sewer Connection Fee
15
Inspection Chamber
16
Testing Sewer Connection
17
Discontinuing Service Connection
18
Connecting to Municipal Stormwater System Prohibited
PART 3 - WORKING IN MUNICIPAL STORMWATER SYSTEM
19
Approval for Work in Municipal Stormwater System
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PART 4 - DISCHARGES TO SEWERS AND WATERCOURSES
20
Definitions
21
Prohibited Discharge to Sanitary Building Sewer
22
Nuisance or Damage to Municipal Sewer System
23
Discharges to Municipal Stormwater System and Watercourses
24
Codes of Practice
PART 5 - SEWER STOPPAGES AND CLEARANCE
25
Maintenance of Building Sewer on Private Property
26
Stoppage in Service Connection on City Property
PART 6 - FEES AND CHARGES
27
Sanitary Sewer Use Charge
27A
CRD Sewer Consumption Charge
28
Stormwater User Fee
29
Rainwater Management Credits
30
Multiple Occupancy (Strata Property Act) Premises
31
Occupiers of City Owned Premises
32
Unpaid Accounts
PART 7 - GENERAL
33
Authority of the Director
34
Inspection
35
Disconnection
36
Offences and Penalties
37
Purpose
38
Repeal
39
Commencement
SCHEDULE "A"
FEES AND CHARGES
SCHEDULE "B"
MAPS OF DOWNTOWN AREA/STREET CLASSIFICATION SCHEDULE
"C" METRIC & BRITISH/U.S. MEASUREMENT EQUIVALENTS
SCHEDULE "D" PROHIBITED WASTE
SCHEDULE "E"
LIST OF BUSINESS CLASSIFICATIONS SUBJECT TO A CODE OF
PRACTICE
SCHEDULE "F"
REPEALED
SCHEDULE "G"
CODE OF PRACTICE FOR CONSTRUCTION AND DEVELOPMENT
ACTIVITIES
SCHEDULE "H"
CODE OF PRACTICE FOR AUTOMOTIVE AND PARKING LOT
OPERATIONS
SCHEDULE "I"
CODE OF PRACTICE FOR RECREATION FACILITIES
SCHEDULE "J"
CODE OF PRACTICE FOR OUTDOOR STORAGE YARD OPERATIONS
SCHEDULE "K"
CODE OF PRACTICE FOR RECYCLING OPERATIONS
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PART 1 - INTRODUCTION
Title
(1)
This Bylaw may be cited as the "SANITARY SEWER AND STORMWATER
UTILITIES BYLAW".
Definitions
(1)
In this Bylaw,
"At Cost" means a cost or charge determined in accordance with Section 12;
"Billing Period" means the period of time between water meter readings that are
taken under Section 30 of the Waterworks Bylaw;
"Bioretention Facility" means an engineered landscape that uses specialized
soil media, vegetation and drainage components to treat, infiltration, and slow
stormwater, including rain gardens and bioswales.
"Bioswale" means a vegetated channel designed to convey, treat, and infiltrate
runoff while maintaining flow through the system.
"Building Sewer" means the pipes and their fittings on a lot that are connected
to a service connection.
"Cistern" means a specific type of detention facility in which a portion of the
collected stormwater is reused onsite to support irrigation or non-potable uses.
"City" means The Corporation of the City of Victoria.
"Civic/Institutional" means a property that is used primarily for a civic or
institutional purpose, including a school, hospital, church, government office,
recreation centre, park or playing field, and includes a vacant lot that is zoned for
such use.
"Collector" means the City's Director of Finance, and any person acting under
the authority of the Director of Finance.
"Commercial/Industrial" means a property that is used primarily for a
commercial or industrial purpose, and includes a vacant lot that is zoned for such
use.
"Community Garden" means a garden in which allotments or shared plots are
available to members of the public and which supports the production of produce
for the personal use of the members.
"Council" means the Council of The Corporation of the City of Victoria.
"Detention Facility" means a structure in which stormwater is temporarily stored
or detained before being released through a flow control facility to the municipal
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26-005
storm drain system.
"Director" means the Director of Engineering and Public Works for the City, and
any other municipal employee acting under the authority of the Director.
"Discharge" means to directly or indirectly introduce a substance by spilling,
disposing of, abandoning, depositing, leaking, seeping, pouring, draining,
emptying, or by any other means.
"Domestic Waste" means waste, sanitary waste and the water-carried wastes
from drinking, culinary uses, washing, bathing, laundering or food processing that
is produced on a residential property.
"Downtown Area" means the area of the City that is shaded on the "Maps of
Downtown Area/Street Classification" that are attached as part of Schedule "B" to
this bylaw.
"Flow Control Facility" means a device used to control and reduce the flow of
stormwater, either within a stormwater source control facility or from a property to
the municipal storm drain system.
"Green Stormwater Infrastructure" or "GSI" means engineered facilities that
mimic natural processes to capture and treat stormwater by infiltrating,
evaporating, transpiring, or reusing it, and includes retention facilities,
bioretention facilities, infiltration chambers, permeable paving, green roofs, and
cisterns.
"Green Roof" means a building roof that is designed and constructed to allow
vegetation to grow in a growing medium that is placed overtop an impervious
membrane, and that meets the requirements of all applicable City bylaws and the
British Columbia Building Code.
"GSI (Design and Construction Requirements) Table" means the table in
section 11 of Schedule ""Hub Connection" means a connection installed into a
public sewer main that is laid within or across private property for which the City
has an easement or statutory right of way and that consists of a manufactured
wye or hub which is affixed to the main for the purpose of facilitating a sewer
connection.
"Impervious Surface" means any paved or roof area that prevents or retards the
entry of water into the subsurface and which causes stormwater to run off the
surface in quantities and at flow rates greater than the natural environment.
"In Same Trench" means two or more service connections constructed within
the same trench, for the purpose of serving a single lot.
"Infiltration Chamber" means a subsurface facility designed to manage runoff
from impervious surfaces by temporarily storing and infiltrating the water into the
subsurface.
"Inspection Chamber" means the pipe, valve and other fittings that join a
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building sewer to a service connection.
"Lane" means a highway that is not designed for general travel and which is
primarily used as a means of access to the rear of residential or commercial
property, and that does not receive regular or periodic street sweeping and
cleaning services from the City.
"Lot" means a single parcel or other area in which land is held or into which land
is subdivided.
"Low Density Residential" means a property on which no more than four self-
contained dwelling units are situated, and includes a vacant lot that is zoned for
such use.
"Manufactured Treatment Device" means treatment works, component, or
technology designed to provide water quality treatment of stormwater so that the
discharge meets the restrictions specified in Schedule "D" of this bylaw when
operating under conditions of a significant rainfall event and conveying
stormwater to a municipal stormwater system or watercourse.
"Multi Family Residential" means a property on which five or more self-
contained dwelling units are situated, and includes a vacant lot that is zoned for
such use.
"Municipal Sanitary Sewer System" means the system of sanitary sewer
service connections, sanitary sewer mains, forcemains, pump stations, and all
other works, facilities and appurtenances owned or operated by the City for the
collection and disposal of sewage.
"Municipal Sewer System" includes every part of the City's system of public
sewer mains and service connections, including, without limitation, the municipal
sanitary sewer system and the municipal stormwater system.
"Municipal Storm Drain System" means the system of culverts, outfalls, storm
drain service connections, storm drain gravity mains, storm drain pressurized
mains, catch basins, cleanouts, and all other works, facilities, and appurtenances
owned or operated by the City for the collection and conveyance of stormwater.
"Municipal Stormwater System" includes every City system and facility that
manages and treats stormwater including the municipal storm drain system,
green stormwater infrastructure, and stormwater source control facility.
"Occupier" means any person other than the registered owner who is in lawful
possession or occupancy of land or any building situated on the land, or who
otherwise occupies a property.
"Owner" means the person who is registered under the Land Title Act as the
owner of land, and for the purpose of the sanitary sewer use charge under
section 27 of this bylaw includes a person who is a customer under the
Waterworks Bylaw.
7
"Overflow Service Connection" means a sanitary sewer service connection that
is designed to accommodate the temporary flow of sewage from a privately
owned on-site sewage treatment system to a public sewer main, and only when
the on-site sewage treatment system is temporarily unable to accommodate on-
site sewage treatment requirements due to the failure or breakdown of the on-
site sewage treatment system.
"Permissive Tax Exemption" means a property tax exemption authorized by
bylaw adopted pursuant to section 224 of the Community Charter.
"Pollution" means the presence in the environment of substances or
contaminants that substantially alter or impair the usefulness of the environment.
"Premises" or "property", as the context requires, means a lot, or a building, or
both, or any part thereof.
"Public School" means lands and premises owned or occupied by the Board of
Trustees of School District No. 61 as a public school;
"Public Sewer Main" means a sanitary sewer main or stormwater main owned
or controlled by the City.
"PVC" means polyvinyl chloride.
"Qualified Designer" means an individual who demonstrates to the satisfaction
of the Director that he or she has the training and experience necessary to
design and oversee the installation of a GSI facility referred to in section 29(2)(c)
of this bylaw.
"Qualified Professional" means an applied scientist, architect or technologist,
acting alone or together with another qualified professional, if:
(i)
the individual is registered in good standing in British Columbia with
an appropriate professional organization constituted under an Act,
acting under that association's code of ethics and subject to
disciplinary action by that association,
(ii)
the individual's area of expertise is recognized by the individual's
professional organization as one that is acceptable for the purpose of
performing a professional service required under this bylaw, and
(iii)
the individual is acting within the individual's area of expertise.
"Qualifying Premises" means, for the purpose of a reduction in the sanitary
sewer use charge under section 27(6) of this bylaw:
(i)
premises that are publically owned and primarily used by a non-profit
organization for the purposes of lawn bowling,
(ii)
a community garden, or
8
(iii)
an urban garden.
"Rain Garden" means a shallow, landscaped depression that includes
bioretention soil, vegetation, and an optional reservoir, designed to capture, treat,
and infiltrate runoff from impervious surfaces.
"Rainwater Management Credit Table" means the tables for determining the
amount of a rainwater management credit, as set out in section 11 of Schedule "A"
to this bylaw.
"Regional District" means the Capital Regional District.
"Residential Property" means a property which is used primarily for the purpose
of a residence by persons on a permanent, temporary or seasonal basis.
"Retention Facility" means an area where a portion of stormwater is
permanently retained to infiltrate, evaporate, or transpire in place rather than be
directed to the municipal storm drain system.
"Road Frontage Area" means the area between the extension of the side
boundaries of a lot onto an adjoining road right-of-way, to a point where the
extensions intersect the alignment or proposed alignment of a public sewer main.
"Sanitary Building Sewer" means a building sewer that conveys sewage to a
service connection.
"Sanitary Waste" means waste that contains human feces, urine, blood or body
fluids originating from sanitary conveniences or other sources.
"Self-contained Dwelling Unit" has the same meaning as under the Zoning
Regulation Bylaw, No. 80-159, as amended from time to time.
"Service Connection" means the City owned pipes and their fittings that
connect, or are intended to connect, a building sewer on a lot with a public sewer
main, but does not include any portion of the building sewer, or any pipes,
fittings, inspection chamber or cleanout connected to the building sewer, that
extends 0.3 metres from the boundary of the lot into a City road allowance, public
sewer easement or statutory right of way.
"Sewer" without any qualifying adjectives, includes a municipal sanitary sewer
system and municipal storm drain system.
"Stormwater" means water resulting from natural precipitation from the
atmosphere that flows over impervious surfaces.
"Stormwater Building Sewer" means a building sewer that conveys stormwater
to a service connection.
"Stormwater Source Control Facility" means structures, works, or devices that
result in water quality improvements and may provide runoff quantity or rate
reduction of stormwater from a property into the municipal storm drain system,
9
and includes green stormwater infrastructure, manufactured treatment devices,
and ESC facilities.
"Substance" includes any solid, liquid or gas.
"Unfit for Reuse" means a service connection that is determined by the Director
to be unfit for its intended purpose, including but not limited to a service
connection that:
(a)
has cracks or other breakage,
(b)
has separated pipe joints,
(c)
has sagged or settled to the point where ponding occurs,
(d)
is made of vitrified clay pipe material, or
(e)
is otherwise unfit for rehabilitation.
"Unit" means 2.832 m³ (100 cubic feet) [for conversion of British/U.S. measure,
see Schedule "C"].
"Urban Garden" means a commercial garden not larger than .05 ha in area that
grows fruits, vegetables or other produce.
"Waste" means any substance whether gaseous, liquid or solid, that is or is
intended to be discharged or discarded, directly or indirectly, to the municipal
sewer system.
"Wastewater" means the composite of water and water-carried wastes from
residential, industrial, commercial or institutional premises or any other source.
"Water" includes surface water, groundwater and ice.
"Watercourse" means:
(a)
a pond, lake, river, creek, brook, spring, or wetland, whether surface
or subsurface,
(b)
a canal, ditch, reservoir, stormwater source control facility or other
man-made surface feature designed to carry or hold water or
stormwater, or
(c)
a waterway, whether it contains or conveys water continuously or
intermittently.
"Waterway" includes the Inner Harbour, the Gorge Waterway, and all other
marine waters that are within the boundaries of the City.
"Waterworks" means any works owned or otherwise under the control or
jurisdiction of the City or the Regional District that distributes, transports, or
stores drinking water.
10
Administration
(1)
The Director must administer, and may enforce, the provisions of this bylaw.
Continuation of Sewer Utility Systems
(1)
The municipal sanitary sewer system and municipal stormwater system are
continued as services under the authority of the statutory powers of the City.
PART 2 - SEWER CONNECTIONS AND EXTENSIONS
Application for Service Connection
(1)
An owner or the owner's authorized agent may apply to establish one or more
service connections to the owner's premises by:
(a)
filling out the application form provided by the Director, and
(b)
paying the applicable service connection fee prescribed in section 2 of
Schedule "A".
(2)
Upon receipt of an application and payment of the service connection fee under
subsection (1), the Director may cause a service connection to be established
where:
(a)
a public sewer main exists within the road frontage area adjoining the
premises that are proposed to be connected to the municipal sewer
system,
(b)
in the case of a lot that fronts on a cul de sac, a public sewer main exists
within the cul de sac bulb at a point to which a service connection may be
established conveniently in the Director's opinion, and
(c)
the Director is of the opinion that connection to that public sewer main
may properly be made.
5A
Storm Drain Connection Required
(1)
Except as permitted by this bylaw, stormwater collected by impervious surfaces
or redirected as a result of the alteration of existing topography conditions must
drain into a municipal storm drain system.
(2)
Subsection (1) does not apply to stormwater that is directed to an onsite
stormwater management system without a service connection and that is
designed by a qualified professional in accordance with the Works and Services
Bylaw and approved by the Director, or authorized by another regulatory
authority having jurisdiction over the matter.
(3)
A person must not drain stormwater from one parcel onto, or through, another
parcel unless an easement permitting that drainage, in a form satisfactory to the
City Solicitor, is first registered against title to the parcel the stormwater flows or
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discharges onto or through.
Application for Extension of Public Sewer Main
(1)
An owner may apply to the Director to have a public sewer main extended to
service the owner's premises:
(a)
where there is no public sewer main within the road frontage area
adjoining the owner's premises, or
(b)
in the case of a lot that fronts on a cul de sac, a public sewer main does
not exist within the cul de sac bulb at a point to which a service
connection may be established conveniently in the Director's opinion.
(2)
The Director may require that an extension of a public sewer main under
subsection (1)(a) or (b) be made to a point within the road frontage area at which
a service connection may be conveniently established in the Director's opinion.
(3)
Where a public sewer main extension is constructed by City forces:
(a)
the applicant must pay at cost for the extension,
(b)
the applicant must retain the services of a professional engineer to
produce a sealed design drawing of the proposed extension in
accordance with the Works and Services Bylaw, for the Director's
approval.
(4)
With the Director's approval, the owner may retain the services of a qualified
contractor to construct the extension of the public sewer main, on terms and
conditions that the Director considers necessary, including that the work be
designed by and constructed under the supervision of a professional engineer,
and in accordance with the Works and Services Bylaw.
(5)
Where in the opinion of the Director a public sewer main extension is impractical,
an owner may be permitted to connect to a public sewer main through a
registered easement over an adjoining property.
Location of Service Connection
(1)
The applicant for a service connection may request that the Director establish the
service connection at a location specified by the applicant.
(2)
The Director may specify another location for the service connection if in the
Director's opinion the location requested by the applicant is not practicable.
(3)
An applicant for a service connection must provide any information required by
the Director to enable the Director to determine:
(a)
whether a public sewer main with sufficient capacity is located within the
road frontage area or downstream of the premises,
(b)
whether the proposed service connection has sufficient capacity to
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provide for the discharge from the premises.
(4)
The information referred to in subsection (3) must be provided with a plumbing
permit application, if a plumbing permit is applied for before an application for a
service connection is made.
Information About Sewer
(1)
Upon request, the Director may provide any person with information concerning
the location and depth of an existing public sewer main or service connection, but
without any guarantee of the accuracy of the information.
(2)
Any information given under this section does not relieve an applicant from the
responsibility to coordinate correctly the position and elevation of a sanitary
building sewer or stormwater building sewer with that of the public sewer main
with which it is to be connected.
(3)
Neither the Council nor the Director is liable for injury or loss to a person arising
out of information given under this section.
Timing of Service Connection
(1)
Unless the Director approves otherwise, a service connection must be
established before any plumbing work on the premises commences.
Permission to Disturb Sewer
(1)
A person may only undertake the following activities with the advance written
permission of the Director:
(a)
disturbing the surface of, or excavating in, a street for the maintenance,
repair, or alteration of a service connection or public sewer main,
(b)
disturbing or making a connection to a public sewer main on private real
property for which the City has an easement or statutory right of way,
(c)
disturbing or making a connection to a public sewer main on any private
real property.
Application for Hub Connection
(1)
Where a public sewer main is laid within or across private property over which
the City has an easement or statutory right of way, the owner of the property may
apply to the Director for a hub connection to be made to the public sewer main,
for the purpose of connecting a building sewer.
(2)
An applicant for a hub connection must pay the fee prescribed in section 3 of
Schedule "A".
At Cost Work
(1)
Any person who applies to the City for work which is to be charged under this
13
bylaw at cost, must pay the actual cost of the work as determined by the City,
including the amount expended by the City for gross wages and salaries,
employee fringe benefits, materials, equipment rentals at rates paid by the City or
set by the City for its own equipment, administration charges, and any other
expenditures incurred in doing the work.
(2)
Before the start of any work that is to be performed at cost, the Director must
provide the estimated cost to the applicant, and the applicant must make an
advance payment to the City in the amount estimated.
(3)
At the conclusion of the work that is performed at cost:
(a)
the applicant must pay to the City any costs incurred by the City in
performing the work over and above the estimated amount,
(b)
if the cost of the work was less than the estimated amount, the City must
refund to the applicant the difference between the estimate and the total
of the City's actual costs.
Application for Testing Existing Service Connection
(1)
Where an application is made to develop or redevelop a property, and the
declared value of the work under the building permit application is in excess of
$100,000.00, and where a service connection has previously been constructed
from a public sewer main to the property to be served, the owner must apply to
have the service connection tested by City staff when:
(a)
the service connection is not made of PVC pipe or other material that
meets the Works and Services Bylaw, or is of unknown material,
(b)
the service connection has been in existence for more than 20 years, or
(c)
the service connection is to be disconnected from the building sewer.
(2)
A service connection must be tested in accordance with subsection (1) before the
issuance of a plumbing permit for the premises.
(3)
The owner must pay the fee prescribed in section 5 of Schedule "A" for the
testing of a service connection under subsection (1).
(4)
The owner must apply for a new service connection under this bylaw where, after
testing an existing service connection, the Director determines that the
connection is unfit for reuse.
(5)
Where, after testing an existing service connection, the Director determines that
the service would be fit for reuse after rehabilitation, the owner must pay the fee
prescribed in section 6 of Schedule "A" for the lining and rehabilitation of the
service connection.
(6)
The Director may determine that an existing service connection is fit for reuse
after testing if in the opinion of the Director the service connection:
14
(a)
has sound structural characteristics, and
(b)
is made of PVC or other material that meets the Works and Services
Bylaw.
Sewer Connection Fee
(1)
An applicant for a permit to connect to an existing service connection must pay:
(a)
the fee prescribed in section 5 of Schedule "A" for testing the service
connection, and
(b)
on an at cost basis, the cost of locating, extending, altering or repairing
the existing service connection, as determined by the Director to be
necessary.
Inspection Chamber
(1)
Every service connection must be connected to the building sewer through an
inspection chamber, to be placed in the road frontage area at a point that is
within 0.3 metres of the property line of the lot served, or at the end of a building
sewer that extends into any statutory right of way or public sewer easement.
(2)
The inspection chamber must be accessible to the City's staff.
(3)
The City shall not be responsible to maintain or repair any part of a building
sewer or service connection that extends 0.3 metres into a public right of way, or
easement or statutory right of way held by the City.
(4)
A building sewer may only extend into a public right of way, or easement or
statutory right of way held by the City, where that is necessary to clear a
structural component of the building or premises being served.
Testing Sewer Connection
(1)
At the completion of construction undertaken pursuant to a building permit or
plumbing permit issued by the City, the owner must arrange with a certified
plumber, having CCTV equipment, for the independent inspection of the service
connection that services the owner's property, to ensure its integrity and
cleanliness, after first receiving permission from the Director.
(2)
For the purposes of subsection (1):
(a)
an inspection report must be presented to the Director in digital format, in
order to certify the integrity of the service connection and to ensure that
no cross-connection exists,
(b)
the inspection video produced must be of sufficient quality to effectively
reveal the condition of the service connection up to and including the
connection to the public sewer main,
(c)
the inspection report must include all of the following:
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(i)
the inspection video,
(ii)
the address of the development including a picture of the
development so as to identify the location,
(iii)
the date of inspection,
(iv)
the location of the service connection being viewed, from the
nearest property line,
(v)
running distance along the length of the service connection,
(vi)
type and size of connection,
(vii)
the name of the company doing the inspection.
(3)
The owner must undertake any cleaning or repair of the building sewer or service
connection that are determined by the Director to be necessary as the result of
the construction activity carried out by the owner or the owner's contractors.
(4)
When one or more service connections to a property is or will be 150 mm or
more in diameter, the owner must provide the City with a deposit that is
equivalent to 25% of all fees payable under this bylaw for that property, as
security for the owner's obligation under subsection (3).
(5)
The deposit under subsection (4) must be provided before a building permit or
plumbing permit is issued for work on that property.
(6)
If the owner defaults under subsection (3), the City may utilize a security deposit
provided under subsection (4) to pay for the cost of any cleaning and repair work
determined by the Director to be necessary.
Discontinuing Service Connection
(1)
The City may discontinue a service connection by installing a water tight cap or
plug on the service connection at the property line, or at any location designated
by the Director where:
(a)
a building is demolished, or removed from the premises,
(b)
the foundation of a building is reconstructed, or
(c)
the service connection is not in actual use.
(2)
For the purposes of this section 17, a service connection is considered not to be
in actual use if it has not been used to convey stormwater or wastewater, as
applicable, for at least 2 years.
(3)
The owner must pay the fee prescribed in section 7 of Schedule "A" for the City's
discontinuance of a service connection to the owner's property.
(4)
The City does not assume any responsibility for the maintenance of a service
16
connection that is discontinued.
(5)
A service connection that has been discontinued may be reinstated for use upon
application by the owner of the property, in which case the provisions of section
13 of this bylaw apply.
Connecting to Municipal Stormwater System Prohibited
(1)
A person must not connect, or allow to remain connected, a sanitary building
sewer with a Municipal Stormwater System.
PART 3 - WORKING IN MUNICIPAL STORMWATER SYSTEM
Approval for Work in Municipal Stormwater System
(1)
No person shall, without the prior written approval of the Director:
(a)
alter, repair, remove, fill in, reconstruct, divert or carry out any other works
within the municipal stormwater system,
(b)
enclose any watercourse in a drain or culvert, or
(c)
cut or remove a tree, cut or remove vegetation, remove or deposit soil,
construct or build structures, or install drainage works where the
proposed activity or work is likely to impair the quality of stormwater or
alter stormwater flow patterns or flow rates in a manner that is likely to
increase the risk of flooding or environmental damage or interfere with the
proper functioning of the municipal stormwater system.
(2)
A person who wishes to perform any work referred to in subsection (1) must
submit to the Director:
(a)
a plan of the proposed work prepared by a qualified professional showing
the design,
(b)
a written report prepared by a qualified professional evaluating the
potential impacts of the proposed work on the quality of stormwater and
the municipal stormwater system or watercourse including changes in
water flow patterns, hydraulic changes and the potential for flooding, and
(c)
a written report prepared by a qualified professional indicating measures
that the applicant will take to minimize adverse effects on the municipal
stormwater system or watercourse while the work is carried out.
(3)
The Director may waive the requirement under subsection (2), if, in the opinion of
the Director, the proposed works are of such a minor nature that they are unlikely
to have any appreciable impact on a watercourse or on the municipal stormwater
system.
(4)
The Director may approve an application under this section 19 if the Director
determines that the proposed work:
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(a)
will not impair the quality of stormwater, and
(b)
will not alter stormwater flow patterns and flow rates in a manner which is
likely to increase the risk of flooding or environmental damage or interfere
with the proper functioning of the municipal stormwater system, then the
Director may issue the approval.
PART 4 - DISCHARGES TO SEWERS AND WATERCOURSES
Definitions
(1)
In Part 4 of this bylaw, and in Schedules "D" to "K", inclusive,
"Air" means the atmosphere but, except in a Municipal Stormwater System or a
stormwater source control facility or as the context may otherwise require, does
not include the atmosphere inside a constructed enclosure that is not open to the
weather.
"Air Contaminant" means any substance or odour whether gaseous, liquid, solid
or a combination that is emitted into the air and that:
(a)
injures or is capable of injuring the health or safety of a person,
(b)
injures or is capable of injuring property or any life form,
(c)
interferes with or is capable of interfering with visibility,
(d)
interferes with or is capable of interfering with the normal conduct of
business,
(e)
causes or is capable of causing material physical discomfort to a
person, or
(f)
damages or is capable of damaging the environment.
"Biomedical Waste" means biomedical waste as defined in the Environmental
Management Act;
"Business Waste" means waste which is produced on an industrial, commercial
or institutional property.
"Carpet Cleaning Waste" means a combination of water-carried liquid and solid
waste generated as a result of hard and soft surface cleaning activities by means
of liquid extraction, bonnet, absorbent compound, shampoo or dry foam method
equipment and procedures.
"Code of Practice" means a code of practice attached to this bylaw, and listed in
Schedule "E", for the discharge of wastewater by a discharging operation.
"Colour" means the true colour of water from which turbidity has been removed,
as determined by the appropriate procedure in Standard Methods.
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"Composite Sample" means a sample which is composed of equivalent portions
of a specified number of grab samples collected manually or automatically at the
same sampling point, at specified times or flow intervals during a specified
sampling period.
"Condensed Water" means water, which is produced through the process of
condensation and includes condensate drainage from refrigeration equipment, air
conditioning equipment and steam heating systems.
"Contaminant" means any substance, whether dissolved or suspended, or any
water quality parameter that, when present above a certain concentration in
water, stormwater or wastewater:
(a)
injures or is capable of injuring the health or safety of a person,
(b)
injures or is capable of injuring property or any life form,
(c)
interferes or is capable of interfering with the proper operation of a
sewer or stormwater source control facility,
(d)
causes or is capable of causing material physical discomfort to a
person, or
(e)
damages or is capable of damaging the environment.
"Development" includes the construction of a building or structure, the
placement of fill, the paving of land or any other alteration to land which causes a
change to the existing drainage characteristics.
"Engine Washing Waste" means waste that results from the cleaning of an
engine by water, steam, chemicals or other methods.
"Fecal Coliforms" means the portion of coliform bacteria from fecal sources, as
determined by the appropriate procedure in Standard Methods
"Grab Sample" means a sample of water, stormwater or wastewater collected at
a particular time and place.
"Hazardous Waste" means Hazardous Waste as defined in the Environmental
Management Act of British Columbia or any legislation that replaces the
Environmental Management Act.
"Hazardous Waste Regulation" means the Hazardous Waste Regulation
enacted pursuant to the Environmental Management Act or any legislation that
replaces the Environmental Management Act.
"Oil and Grease" means an organic substance or substances recoverable by
procedures set out in Standard Methods or procedures authorized by the Director
and includes, but is not limited to, hydrocarbons, esters, fats, oils, waxes, and
high-molecular weight carboxylic acids.
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"PCB" means any monochlorinated, dichlorinated, or polychlorinated biphenyl or
any mixture that contains one or more of these.
"Pesticides" means pesticides regulated under the Pesticide Control Act of
British Columbia.
"pH" means the expression of the acidity or basicity of a solution as defined and
determined by the appropriate procedure described in Standard Methods.
"Pool" means any water receptacle designed for decorative purposes or used for
swimming or as a bath or hot tub designed to accommodate more than one
bather at a time.
"Prohibited Waste" means prohibited waste as defined in Schedule "D" to this
Bylaw.
"Radioactive Materials" means radioactive material as defined in the Atomic
Energy Control Act of Canada and Regulations under that Act.
"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 Public Health Association, American Water Works
Association, and the Water Environment Federation.
"Suspended Solids" means the portion of total solids retained by a filter, as
determined by the appropriate procedure in Standard Methods.
"Trucked Liquid Waste" means any waste that is collected and transported from
the site where the waste originated by means other than discharge to a sewer
including, but not limited to, holding tank waste, septic tank waste, chemical toilet
contents, catch basin waste, oil and grease from interceptors or traps, and other
sludges of organic or inorganic origin.
"Uncontaminated Water" means any water excluding stormwater but including
cooling water, condensed water and water from municipal waterworks or a
private water supply to which no contaminant has been added.
"Water Quality Parameter" means any parameter used to describe the quality of
water, stormwater or wastewater.
Prohibited Discharge to Sanitary Building Sewer
(1)
A person must not discharge or allow or cause to be discharged to a sanitary
building sewer any waste of a kind or quality that contravenes the Capital
Regional District Sewer Use Bylaw No. 5, 2001, as amended from time to time.
Nuisance or Damage to Municipal Sewer System
(1)
A person must not discharge or allow or cause to be discharged into the
municipal sewer system any deleterious material that, in the opinion of the
Director, is likely to result in annoyance to any person, or damage or block the
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municipal sewer system.
(2)
A person who contravenes subsection (1) is responsible for all costs incurred by
the City in the remediation of the damage or blockage.
Discharges to Municipal Stormwater Systems and Watercourses
(1)
No person shall discharge or allow or cause to be discharged into a Municipal
Stormwater System or watercourse any of the following:
(a)
domestic waste,
(b)
trucked liquid waste,
(c)
sanitary waste,
(d)
business waste, or
(e)
prohibited waste.
(2)
Despite the prohibition contained in subsection 23(1), a person may discharge into
a Municipal Stormwater System or watercourse wastewater resulting from
domestic activities customarily incidental to a residential use of land including:
(a)
water resulting from natural precipitation, and drainage of such water,
(b)
water resulting from garden and lawn maintenance, non-commercial car
washing, building washing and driveway washing, and
(c)
uncontaminated water.
(3)
Despite the prohibition contained in subsection 23(1), a person may discharge
into a Municipal Stormwater System or watercourse water resulting from non-
domestic activities including:
(a)
street cleaning, hydrant and water main flushing providing that it complies
with subsection (4)(c), and
(b)
firefighting activities.
(4)
Despite the prohibition contained in subsection 23(1)(d), a person may discharge
into a Municipal Stormwater System or watercourse:
(a)
water resulting from natural precipitation, and drainage of such water,
(b)
water resulting from landscaping maintenance,
(c)
uncontaminated water that does not contain residual chlorine or
chloramines, and
(d)
waste from a business or other activity regulated by a Code of Practice
attached to this bylaw where the discharge is carried out in accordance
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with the Code of Practice.
Codes of Practice
(1)
A person who operates a business listed in Schedule "E" must obtain the
approval of the Director for the discharge of water to the municipal stormwater
system or watercourse in accordance with section 23 of this bylaw and this
section 24.
(2)
In order to obtain approval for a discharge of water into the municipal stormwater
system or watercourse, a person who operates a business listed in Schedule "E"
must submit to the Director a completed Code of Practice Registration Form in
the form provided by the Director:
(a)
not more than 90 days after the date of adoption of the applicable Code of
Practice in the case of a discharging operation in existence on the
adoption date; or
(b)
not more than 30 days after the discharging operation commences to
discharge into the municipal stormwater system or watercourse; or
(c)
prior to the commencement of construction and development activities as
defined under Schedule "G".
(3)
As a condition of an approval for a discharge of water into the municipal
stormwater system or watercourse, a person who operates a business listed in
Schedule "E" must operate the business in accordance with the conditions of the
applicable Code of Practice to intercept and manage the quality and quantity of
water before it reaches the municipal stormwater system or watercourse.
(4)
It is a condition of an approval under this section 24 that a person who operates
stormwater source control facilities under a Code of Practice must:
(a)
keep the facilities in good operating condition and shall service, maintain
and repair the stormwater source control facilities as required under the
Code of Practice,
(b)
keep records of the service, maintenance and repair under paragraph (a)
as proof of service as required under the Code of Practice,
(c)
report any change in the ownership, name, location, contact person, or
telephone number of the business registered under a Code of Practice to
the Director within 30 days of the change by submitting a completed Code
of Practice Registration Form referred to in subsection (2) showing the
changes, and
(d)
report any change in the discharging operation registered under a Code
of Practice resulting in the operation no longer meeting the definition
applicable to that type of discharging operation within 30 days of the
change by submitting a completed Code of Practice Registration Form
referred to in subsection (2) describing the changes.
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(5)
If a Code of Practice establishes a requirement in relation to a specific
discharging operation which differs from a provision in this Bylaw, the
requirement in the Code of Practice prevails.
PART 5 - SEWER STOPPAGES AND CLEARANCE
Maintenance of Building Sewer on Private Property
(1)
An owner must maintain the building sewer and any permitted hub connection on
that owner's property, in a state of good repair.
(2)
Where any stoppage occurs in a building sewer, the owner or occupier must
clear the stoppage or cause the stoppage to be cleared by a plumber or licensed
contractor.
(3)
The cost of clearing a stoppage in a building sewer referred to in subsection (2)
must be borne by the owner of the property.
Stoppage in Service Connection on City Property
(1)
An owner, or the owner's agent, must notify the Director and request that a
service connection be cleared or unstopped where:
(a)
a service connection has become stopped,
(b)
the owner, owner's agent or occupier of the property served by it has
engaged a plumber or a licensed contractor to clear or investigate the
potential for a stoppage in the building sewer, and
(c)
the plumber or licensed contractor has reported that the building sewer is
clear and that the stoppage exists in the service connection.
(2)
Upon receipt of a request for clearance of stoppage of a service connection, the
Director must make or cause to be made an examination of the circumstances
surrounding the stoppage.
(3)
The Director may:
(a)
direct the owner's plumber or licensed contractor to proceed with the
clearance of the stoppage if it may be effected without excavation in any
street, or
(b)
cause the clearance of the stoppage and repair of the service connection
by City workers.
(4)
The actual cost of clearing and repair must be paid by the owner or occupier of
the property where the Director's investigation, or the process of clearing the
stoppage, discloses that the stoppage in the service connection was due to an
act or omission of the owner, or to the owner having caused or permitted the
entry of some foreign body, including roots from trees on the owner's property,
into the service connection.
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(5)
Subject to the exception stated in subsection (6), and provided the owner has
complied with subsections (1) to (4), the reasonable cost of clearance, including
the reasonable costs incurred by a plumber or licensed plumbing contractor in
initially locating a blockage, shall be paid by the City where it is disclosed to the
satisfaction of the Director, by investigation or the process of clearing the
stoppage in any service connection, that the stoppage was due to a defect in the
service connection.
(6)
Due to limitations on its budgetary and other resources, as a matter of policy the
City shall not undertake regular or periodic inspections of service connections, or
of the root systems of trees on City property, and accordingly the City will not
assume any liability or responsibility for damage to building sewers caused by
the incursion of roots from City trees.
(7)
The City is not liable to pay the cost of clearing or unstopping a service
connection, whether the work was performed by the owner or occupier, or by that
person's agent or contractor, unless the Director directed the work to be
performed under subsection (3).
PART 6 - FEES AND CHARGES
Sanitary Sewer Use Charge
(1)
For the purpose of calculating the sanitary sewer use charge under subsection
(2), the number of units of water used at the owner's premises is the same as
determined under the Waterworks Bylaw, as it may be amended from time to
time, for the equivalent billing period.
(2)
For each billing period, the owner of premises must pay a sanitary sewer use
charge, calculated by multiplying the number of units of water used at the
owner's premises by the unit rate prescribed in section 1 of Schedule "A" to this
bylaw.
(3)
If an overflow service connection from any premises to the municipal sanitary
sewer system is established:
(a)
the overflow service connection shall be metered and continuously
monitored at the owner's expense,
(b)
the owner must present the meter readings to the Director every three
months, and
(c)
the owner must pay a sanitary sewer use charge based on the volume of
sewage discharged, measured in units, multiplied by the unit rate
prescribed in section 1 of Schedule "A" to this bylaw.
(4)
The Collector may render accounts for the sanitary sewer use charge under this
Bylaw on the same form and at the same time as accounts under the
Waterworks Bylaw and the accounts are due and payable upon receipt by the
owner.
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(5)
In cases where the City has rendered an account or accounts under subsection
(4) in error:
(a)
If the error has resulted in the owner being overcharged, the City shall
provide a refund to the owner of the amount overcharged since the most
recent of the following dates:
(i)
the date the error occurred;
(ii)
the date of the most recent transfer of ownership of the premises;
(iii)
the date that is five years prior to the date upon which the City
receives notice of the error;
(b)
If the error has resulted in the owner being undercharged, the City shall
forfeit the amount undercharged and shall not retroactively render an
account to the owner for that amount.
(6)
Sanitary Sewer Use Charge for Qualifying Premises
(a)
When calculating the sanitary sewer use charge for qualifying premises,
water that is used exclusively for irrigation purposes shall be excluded
from the calculation where:
(i)
the volume of sewage output from the qualifying premises is
significantly less than the volume of water delivered to the
premises, as a result of irrigation conducted on the premises,
(ii)
the owner has applied to the Director for approval of an
adjustment to the sewer user charge with respect to the use of
water for irrigation purposes,
(iii)
the Director has approved an application under paragraph (ii)
subject to the owner's installation of a separate water service and
water meter to measure the volume of water consumed for
irrigation purposes only,
(iv)
the owner installs at the owner's sole cost a separate water
service with water meter that only supplies the owner's irrigation
system, and makes any required modifications to existing
plumbing or irrigation pipes, all to the satisfaction of the Director
and in accordance with all applicable City bylaws, and
(v)
the Director is satisfied that only water for irrigation purposes shall
pass through the separate water service and water meter installed
by the owner pursuant to paragraph (iv).
27A. CRD Sewer Consumption Charge
(1)
Pursuant to the powers of the City under the Additional Powers Regulation, B.C.
Reg. 236/2002, a rate of $4.42 for the months of June through September and a
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rate of $6.31 for all other months multiplied by the number of units of water used
at the owner's premises must be paid by each owner in respect of a portion of
the annual operating costs and debt costs of the Capital Regional District Liquid
Waste Management Core Area and Western Communities Service that are
payable by the City.
Stormwater User Fee
(1)
For the purpose of this section 28 and section 10 of Schedule "A" to this bylaw,
"Arterial Street" means a highway that is shown as an "arterial highway" on the
Street Classification Map forming part of Schedule "B" to this bylaw,
"Collector Street" means a highway that is shown as a "collector street" on the
Street Classification Map forming part of Schedule "B" to this bylaw,
"Downtown Street" means any highway within the downtown area, whether it
would otherwise be classified as an arterial street, a local street, or a collector
street,
"Local Street" means a highway that is shown as a "local highway" on the Street
Classification Map forming part of Schedule "B" to this bylaw, and
"Street Frontage" means the length in metres of all boundary lines of a parcel that
abut a highway (other than a lane), where the highway receives regular or periodic
sweeping and street cleaning services from the City.
(2)
The owner of premises must pay a stormwater user fee, based upon the
following factors, and calculated by the City in accordance with the Stormwater
User Fee Calculation Table set out in section 10 of Schedule "A" to this bylaw:
(a)
an impervious surfaces factor, based on the total area of all impervious
surfaces on the parcel,
(b)
a street cleaning factor, based on the street frontage of the parcel, and
the classification of that street under subsection (3),
(c)
an intensity code factor, based on the property classification that applies
to the parcel under subsection (4),
(d)
a codes of practice factor, where a business listed in Schedule "E" to this
bylaw operates on the premises and is required to be registered in
accordance with section 24(2) of this bylaw.
(3)
For the purpose of the calculation of the street cleaning factor, highways within
the City are classified as follows:
(a)
Arterial Streets,
(b)
Collector Streets,
(c)
Local Streets, and
26
(d)
Downtown Streets.
(3A)
Despite sections 28(2)(b) and 28(3), the street cleaning factor for a property
classified as Low Density Residential shall be calculated as if each highway
abutting that property were classified as a Local Street.
(4)
For the purposes of the intensity code factor used to calculate the stormwater
user fee, the following property classifications shall apply:
(a)
Low Density Residential,
(b)
Multi Family Residential,
(c)
Civic/Institutional, and
(d)
Commercial/Industrial.
(5)
For the purpose of calculating the stormwater user fee, the Director is authorized
to make the following determinations:
(a)
for the purpose of determining the impervious surfaces factor, the area of
all impervious surfaces on a parcel,
(b)
for the purpose of determining the street cleaning factor, the street
frontage of each parcel, and
(c)
for the purpose of the intensity code factor, the classification of the
property under subsection (4).
(6)
The Director's determination under subsection 5(a) for other than Low Density
Residential properties must be based on the orthophotos, GIS plans, building
permit records and other maps and data maintained by the City for the parcel.
(7)
The Director's determination under subsection 5(a) for Low Density Residential
properties must be based on the building footprint of all buildings on the property
as determined from the City's building permit records and other maps and data
maintained by the City for the parcel, the total of which shall be increased by
three percent in order to account for walkways, driveways and other similar
impervious surfaces.
(8)
If a property is used for multiple purposes such that more than one classification
under subsection (4) applies, the Director may classify the property according to
its primary use.
(9)
Despite subsection 2(a), the impervious surfaces factor of the stormwater user
fee does not apply to a property that does not discharge stormwater directly into
a public sewer main through a service connection. The owner of a property
exempt from the impervious surfaces factor of the stormwater user fee pursuant
to this subsection 28(9) is not eligible to participate in the rainwater management
credit program established in section 29.
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(10)
The stormwater user fee applicable to a public school, or to a property for which
a permissive tax exemption has been granted, shall be phased in as follows:
(a)
for the first year in which the stormwater user fee is payable, the fee
payable shall be one third the amount otherwise determined in
accordance with this bylaw;
(b)
for the second year in which the stormwater user fee is payable, the fee
payable shall be two thirds the amount otherwise determined in
accordance with this bylaw;
(c)
for the third year in which the stormwater management fee is payable and
for each subsequent year, the fee payable shall be the full amount
determined in accordance with this bylaw.
(11)
Subsection 28(10) applies, in the case of a public school, only to a public school
that is fully developed and in use as a public school as of the date referred to in
subsection 39(2), and in the case of a property for which a permissive tax
exemption has been granted, only to a property for which a permissive tax
exemption has been granted that is fully developed and in use for the purpose for
which the permissive tax exemption was granted as of the date referred to in
subsection 39(2).
(12)
The Collector shall render an account to the owner of each property within the City,
on an annual basis, for the stormwater user fee payable by that owner for the
calendar year in which the account is rendered.
(13)
An account under subsection (12) is due and payable when it is rendered.
Rainwater Management Credits
(1)
A rainwater management credit program is hereby established in order to provide
a reduction in the stormwater user fee otherwise payable by owners who:
(a)
construct and maintain on their property green stormwater infrastructure
that captures, treats, and reduces the quantity or flow or rate of flow of
stormwater that is conveyed from their property into the municipal storm
drain system;
(b)
provide educational programs that meet the objectives and requirements
for such programs as set out in section 11 of Schedule "A" to this bylaw.
(2)
A rainwater management credit will only apply to a stormwater detention facility if
it operates as green stormwater infrastructure.
(3)
The owner of property that is subject to a stormwater user fee may apply to the
Director for approval of the owner's participation in the rainwater management
credit program by submitting the following:
(a)
a completed application using the form provided by the Director, and
signed by the owner;
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(b)
all other information required by the Director in order to process the
application, including plans, specifications and other details of one or
more of the following that the owner proposes to undertake or provide:
(i)
a GSI facility of a type described in the "Green Stormwater
Infrastructure" column of the Rainwater Management Credit Table
(a "pre-qualified facility"),
(ii)
a GSI facility that is not a pre- qualified facility, the design of which
has been certified by a Qualified Professional in accordance with
sub-section (f),
(iii)
an educational or public information program that meets the
requirements set out in section 11 of Schedule "A" to this bylaw,
(c)
for a GSI facility that was constructed before the adoption of this bylaw,
evidence satisfactory to the Director that the facility:
(i)
meets the minimum roof area and minimum impervious area
requirements for the type of facility as set out in the Rainwater
Management Credit Table,
(ii)
conforms to the Works and Services Bylaw and Rainwater
Management Standards; and
(iii)
is in good working order;
(d)
for a new GSI facility, evidence satisfactory to the Director that the facility:
(i)
meets the minimum roof area and minimum impervious area
requirements for the type of facility as set out in the Rainwater
Management Credit Table, and
(ii)
conforms to the Works and Services Bylaw;
(e)
evidence satisfactory to the Director that the GSI facility will be designed
and constructed in accordance with the requirements set (3)out in the GSI
(Design and Construction Requirements) Table;
(f)
for a GSI facility that is not a pre- qualified facility, a Qualified
Professional's certification that the facility as designed will provide
stormwater retention and stormwater quality improvement outcomes that
are equivalent to or better than a type of pre- qualified facility identified by
the Qualified Professional, in which case the Director may approve a
rainwater management credit in the amount that may be provided under
this bylaw for the type of pre-qualified facility identified by the Qualified
Professional;
(g)
for an educational program, the owner's written commitment to provide
the program for a period of five years.
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(4)
Where the Director approves an application under subsection (3), the amount of
the rainwater management credit available shall be determined in accordance
with the applicable Rainwater Management Credit Table by reference to the
following:
(a)
the type of GSI facility;
(b)
for an educational program, the categorization of the program under the
Rainwater Management Credit Table.
(5)
In no event shall the amount of the rainwater management credit determined for
any Low Density Residential property pursuant to subsection 29(4) exceed 10% of
the amount of the stormwater user fee payable for that property.
(6)
In no event shall the amount of the rainwater management credit determined for
any Multi-Family Residential, Civic/Institutional, or Commercial/Industrial property
pursuant to subsection 29(4) exceed 40% of the amount of the stormwater user
fee payable for that property, exclusive of any educational program credit, and in
no event shall the amount of the rainwater management credit determined for
any Multi-Family Residential, Civic/Institutional, or Commercial/Industrial property
pursuant to subsection 29(4) exceed 50% of the amount of the stormwater user
fee payable for that property, inclusive of any educational program credit.
(7)
The Director may approve an application under subsection (3) subject to the
following terms and conditions:
(a)
the rainwater management credit shall be applied to the calculation of the
stormwater user fee that applies to the owner's property for a maximum of
five years,
(b)
in the event the title to the property is transferred, the rainwater
management credit shall be cancelled unless the new owner submits a
completed application to the rainwater management credit program using
the form provided by the Director, and signed by the new owner,
(c)
where a rainwater management credit has been approved for a GSI
facility and the parcel on which the facility is located is subdivided, the
rainwater management fee credit shall be cancelled,
(d)
as an exception to the requirement for cancellation under subsection (c),
the Director may approve the continuation of a rainwater management fee
credit for one or more of the new parcels created by subdivision, re-
calculated in accordance with the Rainwater Management Credit Table,
where the owner provides proof to the Director's satisfaction that the
approved GSI facility will continue to service the new parcel or parcels,
and in cases where the continuation of the rainwater management credit
is sought for more than one parcel, where the approved GSI facility
servicing each parcel is entirely located on that parcel,
(e)
where a rainwater management credit has been approved for a GSI
facility, the owner must at all times maintain the facility in a proper state of
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repair so that the facility continues to function for its intended purpose,
(f)
where a rainwater management credit has been approved for an
educational or public information program, the owner must, upon the
Director's request, submit evidence to the Director's satisfaction that the
owner has operated and continues to operate the program in accordance
with the terms of the approved proposal,
(g)
if the owner fails to maintain an approved GSI facility in accordance with
the requirements of this bylaw, or fails to provide an approved educational
or public information program in the manner or for the period specified in
the application, the Director may cancel the rainwater management credit.
(8)
Where the Director has approved an application for the construction of a GSI
facility, and before receiving a rainwater management credit, the owner must
provide proof to the Director's satisfaction that the facility has been constructed
and installed in accordance with the plans and specifications submitted to the
Director.
(9)
The Director may inspect a GSI facility to verify that the facility meets the
requirements of this bylaw, in accordance with section 34 of this bylaw.
(10)
If an owner's stormwater building sewer is determined by the Director to be
connected to a sanitary sewer service connection, as a condition of approval of
the application, the Director may require the owner to cause the storm building
sewer to be connected to a storm sewer service connection in accordance with
the requirements of Part 2 of this bylaw.
(11)
If an application under subsection (3) is approved for a GSI facility and the
construction and installation of the facility is completed prior to June 30 in any
year, a rainwater management credit determined in accordance with the
Rainwater Management Credit Table will apply to the stormwater user fee
payable by the owner commencing the year in which the facility is completed.
(12)
If an application under subsection (3) is approved for a GSI facility and the
construction and installation of the facility is completed after June 30 in any year,
a rainwater management credit determined in accordance with the Rainwater
Management Credit Table will apply to the stormwater user fee payable by the
owner commencing the year after the year in which the facility is completed.
(13)
If an application under subsection (3) is approved for an educational or public
information program and the owner begins to provide the program prior to June
30 in any year, a rainwater management credit determined in accordance with
the Rainwater Management Credit Table will apply to the stormwater user fee
payable by the owner commencing the year in which the program begins.
(14)
If an application under subsection (3) is approved for an educational or public
information program and the owner begins to provide the program after June 30
in any year, a rainwater management credit determined in accordance with the
Rainwater Management Credit Table will apply to the stormwater user fee
payable by the owner commencing the year following the year in which the
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program begins.
(15)
An owner may apply at any time after the end of the fourth calendar year for which
a rainwater management credit has been given for the renewal of the owner's
participation in the rainwater management credit program.
(16)
The Director may approve a renewal under subsection (15) subject to any of the
terms and conditions under subsection (6) that the Director considers are
applicable to the renewal.
(17)
If a rainwater management credit is approved for a property for which the
stormwater user fee is being phased in under section 28(10) of this bylaw, the
amount of the rainwater management credit shall be reduced by two-thirds during
the first year of the phase-in period, and by one-third during the second year of
the phase-in period.
(18)
An owner who fails to maintain an approved GSI facility in accordance with the
requirements of this bylaw commits an offence.
Multiple Occupancy (Strata Property Act) Premises
(1)
If a parcel has been subdivided under the Strata Property Act, and all strata lots
shown on the strata plan are serviced through a common water service, sanitary
sewer service connection, and storm sewer service connection, then for the
purpose of imposing the sanitary sewer use charge and the stormwater user fee,
the Collector shall treat the strata development as a single parcel and may
render the account for the sanitary sewer use charge and the stormwater user
fee to the applicable strata corporation.
(2)
A rainwater management credit that is approved for a GSI facility that serves
multiple strata lots shall be applied as a credit to the stormwater user fee payable
by the owners of the strata lots under subsection (1).
(3)
The owners of the strata lots within a strata plan are jointly and severally liable
for payment of an account rendered to the strata corporation under subsection
(1).
Occupiers of City Owned Premises
(1)
The Collector must render the account for the sanitary sewer use charge and the
stormwater user fee directly to the occupier of premises owned by the City.
Unpaid Accounts
(1)
The following procedures apply to an account that is rendered for a sanitary
sewer use charge or a stormwater user fee and that is unpaid within the time
prescribed by this bylaw:
(a)
until paid, the account is a lien or charge on the parcel to which the
stormwater or sanitary sewer service was provided,
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(b)
the account becomes delinquent if unpaid by December 31 of the year in
which the account was rendered, and is deemed to be property taxes in
arrears with interest at the prescribed rate referred to under section 245
of the Community Charter accruing from January 1 of the following year,
(c)
the Collector must add the amount of the taxes referred to under
subsection (b) to the taxes payable on the parcel, and
(d)
the amount added under subsection (c) is a municipal tax and must be
dealt with in the same manner as taxes against the parcel under the
Community Charter.
PART 7 - GENERAL
Authority of the Director
(1)
The Director has the powers and the responsibilities for the administration of this
bylaw as set out in the bylaw.
(2)
No person shall hinder or prevent the Director, a person authorized by the
Director, or a bylaw enforcement officer from entering any premises or from
carrying out his or her duties with respect to the administration of this bylaw.
Inspection
(1)
In accordance with section 16 of the Community Charter, the Director, or a bylaw
enforcement officer, may enter at all reasonable times, on any property that is
subject to this bylaw to ascertain whether the regulations, prohibitions and
requirements of this bylaw are being met.
Disconnection
(1)
Where an owner or occupier discharges waste to the municipal stormwater
system that is not in compliance with this bylaw, the Director may provided
written notice to the owner, requiring the owner to disconnect or to plug the
stormwater service connection to that property, on terms and conditions that the
Director considers necessary for the protection of the municipal stormwater
system.
(2)
Where the owner fails to comply with the Director's requirements under
subsection (1), the Director may cause the discontinuance of the stormwater
service connection, where necessary to prevent the continued or further
discharge of waste to the municipal stormwater system that is not in compliance
with this bylaw.
(3)
Before the Director causes discontinuance of a stormwater service connection
under this section, the Director must first cause notice of the proposed
discontinuance to be sent to the owner of the property and any occupier who is
apparently responsible for the discharge at least 30 (thirty) days prior to the date
of the proposed discontinuance.
33
(4)
The notice under subsection (3) may be sent by one or more of the following:
(a)
regular mail or priority post to the most recent postal address that the
Director has for the intended recipient,
(b)
facsimile transmission to the most recent fax number the Director has for
the intended recipient,
(c)
by hand delivery to the intended recipient, or
(d)
by notice posted on the property.
(5)
A notice sent by:
(a)
regular mail will be considered to have been delivered 5 (five) days
following posting, or
(b)
priority post will be considered to have been delivered the day following
posting.
(6)
An owner who has received a notice under subsection (3) may request that
Council reconsider the decision to discontinue the stormwater service
connection, within 45 days of the delivery of that notice, by delivering a written
request for reconsideration to the City's Corporate Administrator.
(7)
Council must consider a request for reconsideration made under subsection (6),
and must provide reasons for its decision to hold or not hold a reconsideration.
Offences and Penalties
(1)
A person commits an offence and is subject to the penalties imposed by this
bylaw, the Ticket Bylaw and the Offence Act if that person
(a)
contravenes a provision of this bylaw,
(b)
consents to, allows, or permits an act or thing to be done contrary to this
bylaw, or
(c)
neglects or refrains from doing anything required by a provision of this
bylaw.
(2)
Each day that a contravention of a provision of this bylaw occurs or continues
shall constitute a separate offence.
(3)
The maximum fine that may be imposed for a contravention of this bylaw is
$50,000.
Purpose
(1)
This bylaw must be interpreted in accordance with this section despite any other
provision of this bylaw.
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(2)
This bylaw is enacted for the purpose of regulating the installation, maintenance,
and use of the City's municipal sewer system, to establish charges for
connections to and use of the City's municipal sewer system and to regulate
works, activities and the discharge of waste into sewers and watercourses. The
purpose of this bylaw does not extend:
(a)
to the protection of any person from economic loss,
(b)
to the assumption by the City of responsibility for ensuring that any
discharge of water to a watercourse or the municipal stormwater system,
or activity or works in relation to watercourses or the municipal
stormwater system does not cause flooding, pollution or interference with
the proper functioning of the municipal stormwater system, or
(c)
to provide any person with a warranty that any discharge of water or activity
or works referred to in subsection (b) will not cause flooding, pollution or
other nuisance to any person.
(3)
Nothing in this bylaw shall be interpreted as relieving a person discharging water
from complying with Federal, Provincial and local government enactments
governing the discharge of water into Municipal Stormwater Systems and
watercourses, and in the event of a conflict between the provisions of this bylaw
and a Federal or Provincial enactment, the provisions of the Federal or Provincial
enactment shall prevail.
(4)
The schedules annexed to this bylaw shall be deemed to be an integral part of
this bylaw.
(5)
If any provision of this bylaw is found to be invalid by a Court of competent
jurisdiction it may be severed from the bylaw.
(6)
The headings in this bylaw are inserted for convenience and reference only.
Repeal
(1)
The following Bylaws are repealed:
(a)
Bylaw No. 82-44, the Sewer Bylaw;
(b)
Bylaw No. 91-234, the Sewer User Charge Bylaw;
(c)
Bylaw No. 01-154 the Storm Water Bylaw.
Commencement
(1)
Except as provided in subsection (2), this bylaw comes into force upon its
adoption.
(2)
Section 28 of this bylaw comes into force on January 1, 2016.
35
READ A FIRST TIME the
28th
READ A SECOND TIME the
28th
READ A THIRD TIME the
28th
ADOPTED on the
11th
"ROBERT G. WOODLAND"
"DEAN FORTIN"
CORPORATE ADMINISTRATOR
MAYOR
day of
August
2014
day of
August
2014
day of
August
2014
day of
September
2014
36
SCHEDULE "A"
FEES AND CHARGES
1.
Sanitary Sewer Use Charge
1
The sanitary sewer use charge for each unit of water used
for the months of June through September is $1.96 and for all other
months is $2.81.
2.
Sanitary Sewer Service and Stormwater Service Connection Fees
1 - 100 mm
$8800
2 - 100 mm (in same trench)
$11800
1 - 150 mm
at cost
2 - 150 mm (in same trench)
at cost
1 - 200 mm
at cost
1 - 150 / 1 - 200 mm (in same trench)
at cost
1 - 150 / 1 - 100 mm (in same trench)
at cost
1 - 250 mm
at cost
2 - 200 mm
at cost
3.
Hub Connection Fees
$1000 / hub connection
4.
Dye Tests
$200 for one visit to a single location or site, to a maximum of one hour
5.
Sewer Service Connection Test for Reuse or Abandonment
4 service connections or fewer
$250/visit/site
Each additional service connection
$100/visit/site
6.
Sewer Service Connection Rehabilitation
1 - 100 mm
$ 3500
1 - 150 mm
$ 4000
7.
Sealing a Discontinued Sewer Service Connection
$1000 per service
8.
Special Fees and Considerations
All connection fees are for an application for a service connection to a single property
unless otherwise stated. Service connection configurations not covered in this Schedule
are subject to the Director's approval, and will be charged for "at cost".
Service connection fees under section 3 of this Schedule A include rock removal up to a
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depth of 1.0 m. All additional rock removal costs shall be paid by the applicant at cost.
At cost service connections must pay for all rock removal on an at cost basis. The
estimated cost of rock removal shall be determined at the time rock is encountered.
These costs must be paid by the applicant prior to the City continuing the installation.
All service connections larger than 100 mm, and all connections installed on Arterial
Roads or within the Downtown Core: at cost
All service connections that are requested to be installed outside normal working hours,
where approved by the Director will be billed for at cost.
If the applicant is performing their own restoration on their property frontage in the area
of a new service installation, at their cost, the Director will allow a rebate of $200 per
service trench.
9.
Contaminated Soil
Where the removal of contaminated soil is required it shall be done at cost.
10.
Archaeological Site
Costs associated with working in vicinity of an archaeological site shall be done at cost.
11.
Administrative Charges
Where work is performed at cost an administrative charge of 18% must be calculated
and added to the "at cost" total.
12.
Stormwater User Fees
The stormwater user fee payable by an owner shall be determined by applying and
totaling the four factors in the Stormwater User Fee Calculation Table below.
38
Stormwater User Fee Calculation Table
STORMWATER USER FEE CALCULATION TABLE
1.A IMPERVIOUS SURFACES FACTOR
Fee (per sq meter)
$0.9920
2.A STREET/SIDEWALK CLEANING FACTOR
Fee (per meter)
Local
$2.17
Collector
$4.57
Arterial
$5.18
Downtown
$52.03
2.B INTENSITY CODE FACTOR
Fee (per property)
Low Density Residential
$0.00
Multi Family Residential
$96.20
Civic/Institutional
$86.31
Commercial/Industrial
$181.26
2.C CODES OF PRACTICE FACTOR
Fee (per property)
Required to register under Stormwater Code of
Practice Schedule E
$205.70
39
13.
Rainwater Management Credit Program
(a)
Educational Programs
Except for a property that is used as a school, in order to qualify for a rainwater
management credit an educational program for a Civic/Institutional or
Commercial/Industrial property must relate to, describe and inform either the
owner's employees or members of the public about a stormwater source control
facility that has been approved under the Rainwater Management Credit
Program, that is located on the property, and that is functional and in good
working condition. A qualifying educational program may include or consist of
signs, brochures, or other graphic or printed information that is located in a
prominent location on the property.
For a property that is used as a school, in order to qualify for a rainwater
management credit an educational program must be included in the regular
curriculum and form part of the regular teaching program for the school.
(b)
Calculation of Credits
Where the owner of premises applies for participation in the rainwater
management credit program, and the application is approved by the Director, a
percentage credit for each approved credit type will be applied to the stormwater
user fee in the amount(s) set out in the following tables.
Rainwater Management Credit Table - Low Density Residential Properties
Green Stormwater
Infrastructure
Minimum
Size
Min. Roof Area
(m2) directed to
GSI
Ongoing
Credit
Cistern
1200L
25
10%
Infiltration Chamber
25
10%
Rain Garden
25
10%
Bioswale
25
10%
Permeable paving - no
infiltration trench/piping
10 m2
10%
Permeable paving -
infiltration trench/piping
25
10%
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Rainwater Management Credit Table - Multi-Family Residential, Civic/Institutional and
Commercial/Industrial Properties
Minimum
Impervious Area
Treated (%)
Credit (%)
Infiltration Chamber / Rain Garden /
Bioswale/ Permeable Pavement /
Cisterns Plumbed for Indoors /
Intensive Green Roofs
10
4
15
7
20
9
25
11
30
13
35
16
40
18
45
20
50
22
55
24
60
27
65
29
70
31
75
33
80
36
85
38
90
40
Minimum
Impervious Area
Treated (%)
Credit (%)
Cisterns- Hand Use
10
2
15
3
20
4
25
6
30
7
35
8
40
9
45
10
50
11
55
12
60
13
65
14
70
16
75
17
80
18
85
19
90
20
41
Minimum
Impervious Area
Treated (%)
Credit (%)
Cisterns - Irrigation System/ Extensive
Green Roof
10
3
15
5
20
7
25
8
30
10
35
12
40
13
45
15
50
17
55
18
60
20
65
22
70
23
75
25
80
27
85
28
90
30
42
(c)
GSI (Design and Construction Requirements) Table
The following table sets out additional requirements for the design and construction
of GSI.
Tier A
Tier B, C & D
Green Stormwater
Infrastructure
DIY Build
Contractor Build
Contractor Build
Rain Barrel
1
1
N/A
Cisterns - at grade
1
1
2
Cisterns - below grade
3
3
3
Cisterns - above grade
3
3
3
Rain Gardens
1
1
2
Bioswales
1
1
2
Green Roof
N/A
3
3
Permeable Paving without
Infiltration Trench/piping
1
1
2
Permeable Paving with
Infiltration Trench/piping
2
1
3
Infiltration Chamber
3
3
3
1
Design and construction must follow the Works and Services Bylaw and
Rainwater Management Standards
2
Design and construction must follow the Works and Services Bylaw and
Rainwater Management Standards. Must be designed and installed under
the supervision of a Qualified Designer.
3
Design and construction must follow the Works and Services Bylaw and Rainwater Management
Standards.
Must be designed and installed under the supervision of a Qualified Professional.
Green Roofs must be designed by and installed under the supervision of a Qualified
Professional who is a professional architect or structural engineer
Inspections as required at specified intervals.
DIY Build - Owner is responsible for construction methods and adhering to design.
Failure to do so may result in rejection at owner's expense. City assumes
no responsibility for rejection or liability for damages.
In the table above:
(a)
"Tier A", "Tier B", "Tier C" and "Tier D" mean, respectively, properties that are
classified under section 28(4) of this bylaw as Low Density Residential, Multi-
Family Residential, Civic/Industrial and Commercial/Industrial.
(b)
"DIY Build" means that the owner of Low Density Residential property constructs
or installs the GSI facility themselves, without the assistance of a contractor.
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SCHEDULE "B"
MAPS OF DOWNTOWN AREA/STREET CLASSIFICATION
44
45
SCHEDULE "C"
METRIC & BRITISH/U.S. MEASUREMENT EQUIVALENTS
Metric/Imperial Measurements
The (approximate) British/U.S. equivalent of the units of measure referred to
in Section 2 (definition of "unit') and Section 29 of this Bylaw are given as
follows:
2.832m3 = 100 cubic feet
6.875 kilopascals = 1 pound per square inch
46
SCHEDULE "D"
PROHIBITED WASTE
Prohibited Waste means:
1.
Special Waste
Special Waste as defined by the Waste Management Act (British Columbia) and its
Regulations or any legislation that replaces the Waste Management Act.
2.
Biomedical Waste
Any Biomedical Waste.
3.
Air Contaminant Waste
Any waste which, by itself or in combination with another substance, is capable of
creating, causing or introducing an air contaminant, causing air pollution outside any
Municipal Stormwater System or stormwater source control facility or is capable of
creating, causing or introducing an air contaminant within any Municipal Stormwater
System or stormwater source control facility which would prevent safe entry by
authorized personnel.
4.
Flammable or Explosive Waste
Any waste, which by itself or in combination with another substance, is capable of
causing or contributing to an explosion or supporting combustion in any Municipal
Stormwater System, watercourse or stormwater source control facility including, but not
limited to gasoline, naphtha, propane, diesel, fuel oil, kerosene or alcohol.
5.
Obstructive Waste
Any waste which by itself or in combination with another substance is capable of
obstructing the flow of, or interfering with, the operation, performance or flow of any
Municipal Stormwater System, watercourse or stormwater source control facility
including, but not limited to earth, sand, sweepings, gardening or agricultural waste, ash,
chemicals, paint, metal, glass, sharps, rags, cloth, tar, asphalt, cement-based products,
plastic, wood, waste portions of animals, fish or fowl, and solidified fat.
6.
Corrosive Waste
Any waste with corrosive properties which, by itself, or in combination with any other
substance, may cause damage to any Municipal Stormwater System or stormwater
source control facility or which may prevent safe entry by authorized personnel.
7.
High Temperature Waste
(a)
Any waste which, by itself or in combination with another substance, will create
heat in amounts which will interfere with the operation and maintenance of a
Municipal Stormwater System or stormwater source control facility,
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(b)
Any waste which will raise the temperature of waste discharged by a Municipal
Stormwater System, watercourse or stormwater source control facility by 1
degree Celsius or more,
(c)
Any waste with a temperature of 18 degrees Celsius or more at the point of
discharge.
8.
PCB's and Pesticides
Any waste containing PCB's or pesticides.
9.
Pool Water
Any water from a pool containing residual chlorine, chloramine, bromine or chloride.
10.
Radioactive Waste
Any waste containing radioactive materials that, prior to the point of discharge into a
Municipal Stormwater System or watercourse, exceeds radioactivity limitations as
established by the Atomic Energy Control Board of Canada.
11.
pH Waste
Any waste which, prior to the point of discharge into a Municipal Stormwater System or
watercourse, has a pH lower than 6.5 or higher than 9.0 as determined by either a grab
sample or composite sample.
12.
Dyes and Colouring Material
Dyes or colouring materials which produce in a grab sample or composite sample a
colour value greater than or equal to 50 true colour units, or that causes discolouration of
water to such an extent that the colour cannot be determined by the visual comparison
method as set out in Standard Methods except where the dye is used by a municipality
or regional district as a tracer.
13.
Miscellaneous Wastes
Any waste which by itself or in combination with another substance:
(a)
constitutes or may constitute a health or safety hazard to any person,
(b)
causes pollution in any Municipal Stormwater System, watercourse or
stormwater source control facility.
14.
Disinfectant Process Water
Any water from a waterworks containing residual chlorine or chloramine remaining from
the disinfection of the waterworks or any part of the waterworks but does not include
water containing chlorine or chloramine ordinarily added to a supply of potable water by
a municipality, the Regional District or an Improvement District.
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15.
Fill
Soil, sand, clay, gravel, rock or other material of which land is composed.
16.
Oily Wastewater
Any wastewater that contains Total Oil and Grease as defined by Standard Methods that
exceeds 15mg/L as determined by either a grab sample or a composite sample."
17.
Wastewater containing Suspended Solids
Any wastewater that contains Suspended Solids in concentrations that would:
(a)
exceed 75 milligrams per liter as determined by either a grab sample or a
composite sample, or
(b)
cause the water quality in the watercourse receiving the wastewater to exceed
the maximum induced suspended sediments guidelines as set out in Table 2 in
the "British Columbia Approved Water Quality Guidelines (Criteria): 1988 Edition,
Updated January 17, 2001", published by the Ministry of Environment, Lands and
Parks, and revised from time to time.
18.
Wastewater containing Fecal Coliforms
Any wastewater that contains fecal coliforms in concentrations above 200 colony
counts/100 mL as determined by a Grab Sample or Composite Sample.
19.
Carpet Cleaning Wastes
Any Carpet Cleaning Waste.
20.
Waste Containing Phosphorus
Any waste which, prior to the point of discharge into a storm sewer or watercourse,
contains a total phosphorus concentration greater than 1.0 mg/L as determined by either
a grab sample or composite sample.
21.
Wastewater from Garbage Containers and Restaurant Grease Containers
Any wastewater that contains liquid waste that originates from within garbage containers
over two cubic meters in volume and any size of restaurant waste grease containers.
22.
Turbidity
Any wastewater with a turbidity that would:
(a)
exceed 50 nephelometric turbidity units (NTU) as determined by either a grab
sample or a composite sample, or
(b)
cause the water quality in the watercourse receiving the wastewater to exceed
the maximum induced turbidity guidelines as set out in Table 2 in the "British
Columbia Approved Water Quality Guidelines (Criteria): 1998 Edition, Updated
49
January 17, 2001" published by the Ministry of Environment, Lands and Parks.
23.
Engine Washing Wastes
Any engine washing waste.
24.
Chloride
Any waste which, prior to the point of discharge into a storm sewer or watercourse,
contains a chloride concentration greater than 1000 mg/L as determined by either a grab
sample or composite sample.
50
SCHEDULE "E"
LIST OF BUSINESS CLASSIFICATIONS SUBJECT TO A CODE OF PRACTICE
The following Codes of Practice have been adopted by the City of Victoria.
Business Classification Subject to a Code of
Appended to this
Practice
Bylaw as Schedule
1.
Construction and Development Activities
"G"
2.
Automotive Operations and Parking Lot Operations
"H"
3.
Recreation Facilities
"I"
4.
Outdoor Storage Yard Operations
"J"
5.
Recycling Operations
"K"
51
SCHEDULE "F"
<Repealed by Bylaw 26-005>
52
SCHEDULE "G"
CODE OF PRACTICE FOR CONSTRUCTION AND DEVELOPMENT ACTIVITIES
1.0
APPLICATION
1.1
This code of practice describes the terms and conditions for the discharge of wastewater
from construction or development activities into the municipal stormwater system or
watercourse and is adopted under the authority of section 8(3)(a) and section 8(3)(j) of
the Community Charter.
1.2
The following activities are exempt from this code of practice:
(a)
excavation for cemetery graves,
(b)
well drilling,
(c)
interior demolition and construction,
(d)
normal farm practices,
(e)
mining,
(f)
landscaping activities.
1.3
In this code of practice:
(a)
"Alteration of Land" means the removal of vegetation from more than 10% of
the area of the property or the excavation or addition of more than 20 cubic
meters of soil within a 12-month period.
(b)
"Construction or Development Activity" means the alteration of land,
construction and alteration of buildings and structures, and demolition of
buildings and structures, but does not include agricultural activities.
(c)
"Equipment Washing Activities" means any activity that involves washing the
exterior of a self-propelled piece of equipment or motor vehicle.
(d)
"Erosion and Sediment Control Facilities" or "ESC Facilities" means
systems, works, measures, or methods installed or employed to prevent soil
erosion, and to prevent sediment or sediment laden water from reaching the
municipal storm drain system or watercourses during construction and
development activities.
(e)
"Erosion and Sediment Control Monitor" or "ESC Monitor" means a qualified
professional who is experienced in implementing erosion and sediment control
plans and who is responsible for the implementation, inspection, monitoring,
maintenance, operation, and reporting of ESC facilities to ensure these are
installed and maintained in accordance with the erosion and sediment control
plan and erosion and sediment control best management practices.
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(f)
"Erosion and Sediment Control Plan" or "ESC Plan" means the specifications,
drawings, plans, and design calculations in accordance with Schedule A of the
Works and Services Bylaw for works, measures, or methods to prevent, control,
and monitor the discharge of prohibited waste from construction and
development activities into the municipal storm drain system or watercourse.
(g)
"Fuel Storage Tank" means a tank designed to hold more than 25 litres of fuel,
but does not include fuel tanks in or affixed to motor vehicles.
(h)
"Landscaping Activities" means the installation and maintenance of vegetation
and non-structural features in the unpaved areas of the property, but does not
include excavation of over 20 cubic meters of soil or removal of vegetation from
less than 10% of the area of the property within a 12-month period.
(i)
"Operator" means the owner of the land or an appointed designate responsible
for the site or activities on the site.
(j)
"Sampling Point" means a location where a representative sample of the
discharge may be collected.
(k)
"Significant Rainfall Event" or "SRE" means any precipitation event, which
meets or exceeds an intensity of 12.5 mm per hour, or when 25 mm of total
rainfall is expected within a 24-hour period.
(l)
"Spill" means a release or discharge into the site drainage system or municipal
stormwater system or watercourse of a substance that causes or may cause the
stormwater discharge from the site to exceed the restrictions specified in
Schedule "D", but does not include the release or discharge of suspended solids.
(m)
"Storage Containment Area" means an area with a containment system
constructed of an impervious material and designed to prevent the release of a
liquid material stored in a primary container from entering the municipal
stormwater system or watercourse in the case of a spill or rupture of the primary
container.
2.0
DISCHARGE REGULATIONS
2.1
An operator of a construction or development activity must not discharge wastewater
which, at the point of discharge into the municipal stormwater system or watercourse
contains:
(a)
prohibited wastes as defined in Schedule "D",
(b)
water that accumulates in any fuel or storage tank, with the exception of water
storage tanks and other tanks that have been properly cleaned to remove
residual contaminants,
(c)
water that accumulates in a storage containment area,
(d)
water containing cement or concrete,
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(e)
wash and rinse water from equipment washing activities, with the exception of
wash and rinse water on lands that are designated as a quarantine area under
the Golden Nematode Order (SOR/80-260) issued under the federal Plant
Protection Act.
2.2
An operator of a construction or development activity that discharges wastewater, other
than stormwater from roof drains and perimeter drains, into the municipal stormwater
system or watercourse must implement a ESC plan to ensure that the discharge quality
meets the restrictions specified in Schedule "D".
2.3
ESC facilities installed under an ESC plan, as required under Section 2.2, must include a
sampling point prior to discharge into the municipal storm drain system or watercourse.
2.4
An operator of a construction or development activity must ensure that a sampling point,
if required under Section 2.3, is readily and easily accessible for inspection.
2.5
An operator of a construction or development activity must not dispose of solids or other
material accumulated in any ESC facility or manufactured treatment device into the
municipal stormwater system or watercourse.
2.6
An operator of a construction or development activity for the construction of low-density
residential properties must install and maintain the minimum required ESC facilities for
low-density residential properties identified in the Code of Practice Registration Form.
2.7
An operator of a construction or development activity other than of low-density
residential properties must:
(a)
conduct a pre-construction inspection of initial ESC facilities installation to ensure
adherence with the approved ESC Plan,
(b)
inspect the ESC facilities at least once per day during a day with precipitation to
verify that the ESC facilities are in good operating condition,
(c)
follow the proposed schedule for ESC facility monitoring, maintenance, reporting
and water quality monitoring and reporting in accordance with the approved ESC
Plan, and
(d)
restore the ESC facilities to good operating condition if the ESC facilities are not
operating as designed.
2.8
An operator of a construction or development activity, except for construction on a
municipal roadway under a valid permit, must ensure that silt, soil, sand, gravel and
other granular material is not deposited onto roadways or other property owned by the
municipality.
3.0
SPILL PREVENTION AND RESPONSE
3.1
An operator of a construction or development activity must ensure that hazardous
materials and hazardous wastes, not otherwise regulated under the Fire Code or the
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Environmental Management Act, in amounts over 25 kg or 25 litres, be stored in a
manner that will prevent the discharge of spilled material into the municipal stormwater
system or watercourse.
3.2
An operator of a construction or development activity must prepare a spill response plan
suitable for the site.
3.3
The spill response plan must:
(a)
specify the response for containment and clean-up of all spills,
(b)
define the roles and responsibilities of the operations personnel for spill
response,
(c)
include contact names and telephone numbers for appropriate agencies, and
(d)
provide a checklist of spill response equipment and supplies.
3.4
An operator of a construction or development activity must keep a copy of the spill
response plan, required under Section 3.2, at the site and available for inspection by the
Director or bylaw enforcement officer.
3.5
In the event of a spill, an operator of a construction or development activity must
immediately implement the provisions of the spill response plan specified in sections 3.2
and 3.3, when safe to do so to prevent or discontinue the discharge of spilled material
from entering into the municipal stormwater system or watercourse. Where there is
potential for the spill to enter either the municipal stormwater system or watercourse, the
Director must immediately be notified.
3.6
During a spill response, an operator of a construction or development activity who
operates ESC facilities or manufactured treatment devices must inspect the ESC
facilities or manufactured treatment devices for spilled material.
3.7
If an operator of a construction or development activity detects or observes spilled
material in the ESC facilities or manufactured treatment devices that may cause the
discharge to exceed the restrictions specified in Schedule "D", then the operator of the
construction or development activity must remove the spilled material immediately or
cease discharge to the municipal stormwater system or watercourse until the material
has been removed.
3.8
An operator of a construction or development activity must keep the spill response
equipment and supplies identified in the spill response plan specified in sections 3.2 and
3.3 at the location of the construction or development activity and readily available at all
times.
4.0
RECORD KEEPING AND RETENTION
4.1
An operator of a construction or development activity must keep a record of all
inspection and maintenance activities in relation to the ESC facilities or manufactured
treatment devices, including:
56
(a)
the date of inspection or maintenance,
(b)
a description of maintenance conducted, and
(c)
a description of the disposition of the material removed from the ESC facilities or
manufactured treatment devices, including name and address of any disposal or
recycling companies receiving the material.
4.2
An operator of a construction or development activity must keep a record of all spills,
including:
(a)
the date of spill,
(b)
the type of material spilled,
(c)
the quantity of material spilled, and
(d)
the spill response action.
4.3
The records required under sections 4.1 and 4.2 shall be retained for a period of two
years and shall be available for inspection by a bylaw enforcement officer or the
Director.
57
SCHEDULE "H"
CODE OF PRACTICE FOR AUTOMOTIVE AND PARKING LOT OPERATIONS
1.0
APPLICATION
1.1
This code of practice describes the terms and conditions for discharge of wastewater
from automotive operations and parking lot operations into a municipal stormwater
system or watercourse, and is adopted under the authority of section 8(3)(a) and section
8(3)(j) of the Community Charter.
1.2
In this code of practice:
(a)
"Automotive Operation" means sales, rental, service, fueling, repair, or
maintenance of vehicles by any commercial, industrial or institutional operation or
by a public authority and includes incidental vehicle wash operations,
(b)
"Cleaned Out" means to have the settled material and floating material collected
in the manufactured treatment device removed and disposed in an manner that
meets all regulations,
(c)
"Display Vehicle Rinse Operation" means the rinsing of the exterior of a vehicle
while the vehicle is located in a display area by any vehicle dealership,
(d)
"Drive Through Lane" means an area for vehicles for customer service provided
to a customer while the customer remains within a motor vehicle,
(e)
"Operator" means the owner of the business responsible for the activities on the
site or an appointed designate in charge of the site and subsequent activities,
(f)
"Parking Lot Operation" means the provision of one or more drive through lanes
or spaces (covered or uncovered) to store an unattended vehicle by any multi-
family residential, commercial, industrial or institutional operation or by a public
authority, but does not include roads and streets, or properties that have fewer
than 10 parking spaces,
(g)
"Sampling Point" means a location where a representative sample of the
discharge into the municipal stormwater system may be collected,
(h)
"Spill" means a release or discharge into the storm sewer or watercourse of a
substance that causes or may cause the stormwater discharge from the site to
exceed the restrictions specified in Schedule "D",
(i)
"Storage Containment Area" means an area with a containment system
constructed of an impervious material and designed to prevent the release of a
liquid material stored in a primary container from entering the municipal
stormwater system or watercourse in the case of a spill or rupture of the primary
container,
(j)
"Vehicle" means a vehicle as defined under the Motor Vehicle Act as amended
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(k)
from time to time,
(l)
"Vehicle Wash Operation" means the washing of the exterior of a vehicle but
does not include a display vehicle rinse operation.
2.0
DISCHARGE REGULATIONS
2.1
An operator of an automotive operation or parking lot operation must not discharge
wastewater which, at the point of discharge into the municipal stormwater system or
watercourse, contains:
(a)
water that accumulates in any fuel or storage tank, with the exception of water
storage tanks and other tanks that have been properly cleaned to remove
residual contaminants,
(b)
water that accumulates in a storage containment area,
(c)
rinse water from equipment and parts that have been washed in solvent,
(d)
wash and rinse water from interior floor washing activities,
(e)
wash water from an automotive operation that could cause the discharge to
exceed the levels in Schedule "D" of this bylaw,
(f)
liquid waste from uncovered storage areas that contain used auto parts and other
stored materials that may contribute contaminants and that could cause the
discharge to exceed the levels in Schedule "D" of this bylaw.
2.2
An operator of an automotive operation or parking lot operation that commences
operation after the date of adoption of this code of practice and which discharges
wastewater other than stormwater from roof drains into the municipal stormwater system
or watercourse must install and maintain one or more manufactured treatment devices to
treat the collected stormwater prior to discharge.
2.3
An operator of an automotive operation or parking lot operation operating on the date of
adoption of this code of practice which does not have a manufactured treatment device
and which discharges wastewater other than stormwater from roof drains into the
municipal stormwater system or watercourse, must install, within three years of adoption
of this code, one or more manufactured treatment devices to treat the collected
stormwater prior to discharge.
2.4
A manufactured treatment device installed under sections 2.2 and 2.3 must:
(a)
ensure that the discharge into the municipal stormwater system or watercourse is
equipped with a sampling point, and
(b)
have the sampling point readily and easily accessible at all times for inspection.
2.5
An operator of an automotive operation or parking lot that has a manufactured treatment
device that does not have a sampling point on the date of adoption of this code of
practice must install a sampling point within two years of the date of adoption of this
59
code of practice.
2.6
An operator of an automotive operation or parking lot operation who installs a
manufactured treatment device on or after the date of adoption of this code of practice
must locate the manufactured treatment device so that it is readily and easily accessible
for inspection and maintenance.
2.7
An operator of an automotive operation or parking lot operation subject to sections 2.2 or
2.3 must ensure that all stormwater, with the exception of stormwater from roof drains
and perimeter drains, from the automotive operation or parking lot operation is directed
to one or more manufactured treatment devices before being discharged into the
municipal stormwater system or watercourse.
2.8
An operator of an automotive operation or parking lot operation must not dispose of oil
and grease, solids or other material accumulated in a manufactured treatment device
into the municipal stormwater system or watercourse.
2.9
An operator of an automotive operation or parking lot operation must not use or permit
the use of intentional high volume flows, chemical agents, solvents, hot water or other
agents to facilitate the passage of oil and grease through a manufactured treatment
device.
2.10
An operator of an automotive operation or parking lot operation:
(a)
must not permit floating oil and grease to accumulate in the manufactured
treatment device in excess of 75% of the design capacity of the manufactured
treatment device,
(b)
must not permit the settled solids to accumulate in manufactured treatment
device in excess of 75% of the design capacity,
(c)
must inspect the manufactured treatment device and measure the accumulated
solids and floating oils at least once every 12 months to verify the requirements
under (a) and (b),
(d)
must clean or cause the cleaning of the manufactured treatment device within
seven working days of determining that any levels prescribed in section (a) or (b)
have been exceeded.
3.0
SPILL PREVENTION AND RESPONSE
3.1
An operator of an automotive operation or parking lot operation must ensure that
solvents, antifreeze, oil, automotive liquids and other hazardous materials be stored
within a secondary spill containment system to prevent the discharge of spilled material
into the municipal stormwater system or watercourse if:
(a)
the materials are stored at ground level, and
(b)
the materials are stored in containers over 50 litres, and
(c)
the materials are not contained in permanent engineered containers that are
60
protected from vehicle contact, and
(d)
the storage of the materials is not otherwise regulated by an enactment.
3.2
An operator of an automotive operation or parking lot operation operating on the date of
adoption of this code of practice must prepare a spill response plan within six (6) months
after the date of adoption of this code of practice.
3.3
An operator of an automotive operation or parking lot operation that commences
operation after the date of adoption of this code of practice must prepare a spill response
plan within 60 days of commencing operation.
3.4
The spill response plan must:
(a)
specify the response for containment and clean-up of all spills of hazardous
material,
(b)
define the roles and responsibilities of the operations personnel for spill
response,
(c)
include contact names and telephone numbers for appropriate agencies, and
(d)
provide a checklist of spill response equipment and supplies.
3.5
In the event of a spill, an operator of an automotive or parking lot operation must
immediately implement the provisions of the spill response plan specified in sections 3.2
and 3.3, when safe to do so to prevent or discontinue the discharge of spilled material
from entering into the municipal stormwater system or watercourse. Where there is
potential for the spill to enter either the municipal stormwater system or watercourse, the
Director must immediately be notified.
3.6
As part of a spill response plan, an operator of an automotive operation or parking lot
operation who operates a manufactured treatment device must inspect the
manufactured treatment device for spilled material within four hours after a spill has
been detected.
3.7
An operator of an automotive operation must keep spill prevention and clean-up
equipment and supplies at the business location and in stock at all times.
3.8
An operator of an automotive or parking lot operation must keep the spill response
equipment and supplies identified in the spill response plan specified in sections 3.2 and
3.3 at the location of the automotive or parking lot operation and readily available at all
times.
4.0
RECORD KEEPING AND RETENTION
4.1
An operator of an automotive operation or parking lot operation must keep a record of all
inspection and maintenance activities in relation to the manufactured treatment device,
including:
(a)
the date of inspection or maintenance,
61
(b)
a description of maintenance conducted, and
(c)
the name and address of the disposal or recycling company or facility handling
the material removed from the manufactured treatment device.
4.2
An operator of an automotive operation or parking lot operation must keep a record at
the automotive operation of all spills, including:
(a)
the date of spill,
(b)
the type of material spilled,
(c)
the quantity of material spilled, and
(d)
the spill response action.
4.3
An operator of an automotive operation or parking lot operation must keep the spill
response plans required under sections 3.2 and 3.3 available for inspection by a bylaw
enforcement officer or the Director.
4.4
The records required under sections 4.1 and 4.2 shall be retained for a period of two
years and shall be available for inspection by a bylaw enforcement officer or the
Director.
62
SCHEDULE "I"
CODE OF PRACTICE FOR RECREATION FACILITIES
1.0
APPLICATION
1.1
This code of practice describes the terms and conditions for discharge of wastewater
from recreation facility operations into a municipal stormwater system or watercourse,
and is adopted under the authority of section 8(3)(a) and section 8(3)(j) of the
Community Charter.
1.2
This code of practice does not apply to a recreation facility operation within a hotel,
motel or other business that provides accommodation to the traveling or vacationing
public.
1.3
In this code of practice:
(a)
"Ice Paint" means a substance added to ice to impart a colour or otherwise alter
the visual properties of ice.
(b)
"Ice" and "Ice Surface" means ice maintained for recreational activities.
(c)
"Operator" means the owner of the business responsible for the activities on the
site or an appointed designate in charge of the site and subsequent activities.
(d)
"Recreation Facility Operation" means any local government, educational
institution or commercial facility containing one or more of the following: ice arena,
curling rink, water park or pool.
(e)
"Spill" means a release or discharge into the municipal stormwater system or
watercourse of a substance that causes or may cause the stormwater discharge
from the site to exceed the restrictions specified in Schedule "D".
2.0
DISCHARGE REGULATIONS
2.1
An operator of a recreation facility operation must not discharge wastewater which, at
the point of discharge into the municipal stormwater system or watercourse, contains:
(a)
any pool water that would cause the discharge to exceed the levels in Schedule
"D" of this bylaw,
(b)
wastewater from the back-flushing of pool filters that would cause the discharge
to exceed the levels in Schedule "D" of this bylaw,
(c)
melted ice water that would cause the discharge to exceed the levels in Schedule
"D" of this bylaw.
2.2
An operator of a recreation facility operation that commences operation after the date of
adoption of this code of practice and which discharges wastewater other than
stormwater from roof drains into the municipal stormwater system or watercourse must
install and maintain one or more manufactured treatment devices to treat the collected
63
wastewater prior to discharge.
2.3
An operator of a recreation facility operation operating on the date of adoption of this
code of practice which does not have a manufactured treatment device must install one
or more manufactured treatment devices within three years of adoption of this code.
2.4
A manufactured treatment device installed under sections 2.2 and 2.3 must:
(a)
ensure that the discharge into the municipal stormwater system is equipped with
a sampling point, and
(b)
have the sampling point readily and easily accessible at all times for inspection.
2.5
An operator of a recreation facility operation that has a manufactured treatment device
that does not have a sampling point on the date of adoption of this code of practice must
install a sampling point within two years of the date of adoption of this code of practice.
3.0
SPILL PREVENTION AND RESPONSE
3.1
An operator of a recreation facility operation operating on the date of adoption of this
code of practice must prepare a spill response plan by six months after the date of
adoption of this code of practice.
3.2
An operator of a recreation facility operation that commences operation after the date of
adoption of this code of practice must prepare a spill response plan within 60 days of
commencing operation.
3.3
The spill response plan must:
(a)
specify the response for containment and clean-up of all spills of hazardous
material,
(b)
define the roles and responsibilities of the operations personnel for spill
response,
(c)
include contact names and telephone numbers for appropriate agencies, and
(d)
provide a checklist of spill response equipment and supplies.
3.4
An operator of a recreation facility operation must keep a copy of the spill response plan,
required under Sections 3.1 and 3.2 at the site and available for inspection by the
Director or bylaw enforcement officer.
3.5
In the event of a spill, an operator of a recreation facility operation must immediately
implement the provisions of the spill response plan specified in sections 3.2 and 3.3,
when safe to do so to prevent or discontinue the discharge of spilled material from
entering into the municipal stormwater system or watercourse. Where there is potential
for the spill to enter either the municipal stormwater system or watercourse, the Director
must immediately be notified.
3.6
An operator of a recreation facility operation storing one or more of the following:
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(a)
chemicals required for the treatment of pool water,
(b)
refrigerant used in the refrigeration process,
(c)
coolant that is used in the ice surface refrigeration system, and
(d)
ice paint
must ensure that the materials are stored within a spill containment system that is
designed to prevent the spill of such a substance into the municipal stormwater system
or watercourse.
4.0
RECORD KEEPING AND RETENTION
4.1
An operator of a recreation facility operation must keep a record of all inspection and
maintenance activities in relation to the manufactured treatment device, including:
(a)
the date of inspection or maintenance,
(b)
a description of maintenance conducted, and
(c)
the name and address of the disposal or recycling company or facility handling
the material removed from the manufactured treatment device.
4.2
An operator of a recreation facility operation must keep a record of all spills including:
(a)
the date of spill,
(b)
the type of material spilled,
(c)
the quantity of material spilled, and
(d)
the spill response action.
4.3
An operator of a recreation facility operation must keep the spill response plans required
under sections 3.1 and 3.2 available for inspection by a bylaw enforcement officer or the
Director.
4.4
The records required under sections 4.1 and 4.2 shall be retained for a period of two
years and shall be available for inspection by a bylaw enforcement officer or the
Director.
65
SCHEDULE "J"
CODE OF PRACTICE FOR OUTDOOR STORAGE YARD OPERATIONS
1.0
APPLICATION
1.1
This code of practice describes the terms and conditions for discharge of wastewater
from outdoor storage yard operations into a municipal stormwater system or watercourse
and is adopted under the authority of section 8(3)(a) and section 8(3)(j) of the
Community Charter.
1.2
The following activities are exempt from this code of practice:
(a)
automotive operations covered under Schedule "H" of this bylaw,
(b)
storage of materials on a construction site,
(c)
normal farm practices,
(d)
storage of recyclable materials by an outdoor storage yard operation,
(e)
storage of materials or equipment that poses no risk of a discharge to the
municipal stormwater system or watercourse contravening Schedule "D" of the
bylaw, and
(f)
temporary storage of materials or equipment that are not ordinarily stored on the
site, provided that such storage does not exceed a period of 30 continuous days
within any one calendar year.
1.3
In this code of practice:
(a)
"Automotive Operation" means sales, rental, service, fueling, repair or
maintenance of vehicles by any commercial, industrial or institutional operation or
by a public authority and includes vehicle wash operations.
(b)
"Cleaned Out" means to have the settled material and floating material collected
in the manufactured treatment device removed and disposed in a manner that
meets all regulations.
(c)
"Enclosed Building" means a structure totally enclosed by walls that extend
from the foundation to the roof so as to prevent the ingress of precipitation and
the egress of wastewater and spills to the municipal stormwater system or
watercourse.
(d)
"Operator" includes the owner of the outdoor storage yard operation and
includes any person who has been authorized by the owner to act as his, her or
its agent.
(e)
"Outdoor Storage Yard Operation" means any commercial, industrial or
institutional operation or an operation by a public authority that stores materials
or equipment outside of an enclosed building.
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(f)
"Recycling Operation" means any commercial, industrial or institutional
operation or an operation by a public authority that receives recyclable materials
for storage, processing, sorting and consolidating.
(g)
"Recyclable Material" means a product or substance that has been diverted
from disposal and satisfies at least one of the following criteria:
i)
is managed as a marketable commodity with an established market by
the owner or operator of a site,
ii)
is being used in the manufacture of a new product that has an established
market or is being processed as an intermediate stage of an existing
manufacturing process, or
iii)
has been identified as a recyclable material in the Capital Regional
District Solid Waste Management Plan.
(h)
"Sampling Point" means a location where a representative sample of the
discharge into the municipal stormwater system or watercourse may be
collected.
(i)
"Spill" means a release or discharge of a substance that causes or may cause
the stormwater discharge from the site to exceed the restrictions specified in
Schedule "D" of the bylaw.
(j)
"Spill Containment" means any impervious structure that surrounds a container
or works that is sufficient to hold the larger of:
i)
110% of the largest volume of free liquid in the container or works, or
ii)
25% of the total volume of free liquid in storage.
2.0
DISCHARGE REGULATIONS
2.1
An operator of an outdoor storage yard operation must not discharge wastewater which,
at the point of discharge into the municipal stormwater system or watercourse, contains:
(a)
water that has accumulated in a spill containment area,
(b)
untreated wash and rinse water from the cleaning of stored materials or
equipment that does not meet Schedule "D" of the bylaw,
(c)
wash and rinse water from interior floor washing activities, or
(d)
fluids and fuels from vehicles, machinery or equipment.
2.2
An operator of an outdoor storage yard operation that commences operation after the
date of adoption of this code of practice and that discharges wastewater, other than
stormwater from roof drains and perimeter drains, into the municipal stormwater system
or watercourse must install and maintain one or more manufactured treatment devices to
treat the collected stormwater prior to discharge.
67
2.3
An operator of an outdoor storage yard operation operating on the date of adoption of
this code of practice and that discharges wastewater, other than stormwater from roof
drains and perimeter drains, into the municipal stormwater system or watercourse must
install and maintain one or more manufactured treatment devices to treat the collected
stormwater prior to discharge.
2.4
An operator of an outdoor storage yard operation who installs a manufactured treatment
device under sections 2.2 or 2.3 must install a sampling point.
2.5
An operator of an outdoor storage yard operation that has a manufactured treatment
device which does not have a sampling point on the date of adoption of this code of
practice must install a sampling point within two years from the date of adoption of this
code of practice.
2.6
An operator of an outdoor storage yard operation must ensure sampling points specified
in sections 2.4 and 2.5 are easily accessible at all times for use and inspection.
2.7
An operator of an outdoor storage yard operation who installs a manufactured treatment
device on or after the date of adoption of this code of practice must locate the
manufactured treatment device so that it is easily accessible for inspection and
maintenance.
2.8
An operator of an outdoor storage yard operation subject to sections 2.2 or 2.3 must
ensure that all stormwater, with the exception of stormwater from the storage yard
operation, other than roof drains and perimeter drains, is directed to one or more
manufactured treatment devices before being discharged into the municipal stormwater
system or watercourse.
2.9
An operator of an outdoor storage yard operation must not discharge oil and grease,
solids or other material accumulated in a manufactured treatment device into the
municipal stormwater system or watercourse.
2.10
An operator of an outdoor storage yard operation must not use or permit the use of
intentional high volume flows, chemical agents, solvents, hot water or other agents to
facilitate the passage of oil and grease, solids or other material through a manufactured
treatment device .
2.11
An operator of an outdoor storage yard operation:
(a)
must not permit floating oil and grease or other floating material to accumulate in
the manufactured treatment device in excess of 75% of the design capacity of
the manufactured treatment device ,
(b)
must not permit the settled solids to accumulate in the manufactured treatment
device in excess of 75% of the design capacity,
(c)
must inspect the manufactured treatment device and measure the accumulated
solids and floating oils at least once every six months to verify the requirements
under (a) and (b),
(d)
must have the manufactured treatment device cleaned out within seven working
68
days of determining that any levels prescribed in section (a) or (b) have been
exceeded, and
(e)
must have the manufactured treatment device cleaned out at least once every 12
months.
3.0
SPILL PREVENTION AND RESPONSE
3.1
An operator of an outdoor storage yard that involves the storage of fertilizers, pesticides,
solvents, antifreeze, lead-acid batteries, oil, gasoline, diesel, fuel oil, transmission fluid,
brake fluid and/or automotive fluids, the storage of which is not otherwise regulated
under the Fire Code, Environmental Management Act or any other enactment, must
install spill containment for these materials.
3.2
An operator of an outdoor storage yard operation operating on the date of adoption of
this code of practice must prepare a spill response plan by six months after the Date of
Adoption of code of practice.
3.3
An operator of an outdoor storage yard operation that commences operation after the
date of adoption of this code of practice must prepare a spill response plan within 60
days of commencing operation.
3.4
The spill response plan must:
(a)
specify the response for containment and cleanup of all spills of all materials
present at the property that could cause the discharge to exceed the restrictions
defined in Schedule "D" of the bylaw,
(b)
define the roles and responsibilities of the operations personnel for spill
response,
(c)
include contact names and telephone numbers for appropriate agencies, and
(d)
provide a check-list of spill response equipment and supplies.
3.5
In the event of a spill, an operator of an outdoor storage yard operation must
immediately implement the provisions of the spill response plan specified in sections 3.2
and 3.3, when safe to do so, to prevent or discontinue the discharge of spilled material
from entering into the municipal stormwater system or watercourse. Where there is
potential for the spill to enter either the municipal stormwater system or watercourse, the
Director must immediately be notified.
3.6
As part of a spill response plan, an operator of an outdoor storage yard operation who
operates a manufactured treatment device must inspect the manufactured treatment
device for spilled material within four hours after a spill has been detected.
3.7
An operator of an outdoor storage yard operation must keep the spill response
equipment and supplies identified in the spill response plan specified in sections 3.2 and
3.3 at the location of the storage yard operation and readily available at all times.
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4.0
RECORD KEEPING AND RETENTION
4.1
An operator of an outdoor storage yard operation must keep a record of all inspection
and maintenance activities in relation to the manufactured treatment device, including:
(a)
the date of inspection or maintenance,
(b)
a description of maintenance conducted,
(c)
the name and address of the disposal or recycling company or facility handling
the material removed from the manufactured treatment device, and
(d)
names of the persons who conducted the inspection or maintenance.
4.2
An operator of an outdoor storage yard operation must keep a record at the storage yard
operation site of all spills, including:
(a)
the date of spill,
(b)
the type of material spilled,
(c)
the quantity of material spilled,
(d)
the spill response action,
(e)
the disposal of contaminated materials involved in the spill, and
(f)
names of the persons responsible for conducting the spill response.
4.3
An operator of an outdoor storage yard operation must keep the spill response plans
required under sections 3.2 and 3.3 on the site and available for inspection by a bylaw
enforcement officer or the Director.
4.4
The records required under sections 4.1 and 4.2 shall be retained on site for a period of
at least two years and shall be available for inspection by a bylaw enforcement officer or
the Director.
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SCHEDULE "K"
CODE OF PRACTICE FOR RECYCLING OPERATIONS
1.0
APPLICATION
1.1
This code of practice describes the terms and conditions for discharge of wastewater
from recycling operations into a municipal stormwater system or watercourse, and is
adopted under the authority of section 8(3)(a) and section 8(3)(j) of the Community
Charter.
1.2
The following activities are exempt from this code of practice:
(a)
automotive operations covered under Schedule "H" of this bylaw,
(b)
storage, processing, sorting and consolidating of recyclable materials by
commercial, industrial or institutional offices for recyclable material generated
within the offices on the same site,
(c)
normal farm practices,
(d)
manufacturing processes that use recyclable materials generated onsite within a
process,
(e)
recycling of soil, rock or gravel, and
(f)
composting activities.
1.3
In this code of practice:
(a)
"Automotive Dismantling and Recycling Operation" means the dismantling of
vehicles for the purposes of recycling, salvage or disposal of the vehicle by any
commercial, industrial or institutional operation or by a public authority.
(b)
"Automotive Operation" means sales, rental, service, fueling, repair or
maintenance of vehicles by any commercial, industrial or institutional operation or
by a public authority and includes vehicle wash operations, provided that an
automotive dismantling and recycling operation is not carried out at the same
site.
(c)
"Cleaned Out" means to have the settled material and floating material collected
in the manufactured treatment device removed and disposed in a manner that
meets all regulations.
(d)
"Operator" includes the owner of the outdoor storage yard operation and
includes any person who has been authorized by the owner to act as his, her or
its agent.
(e)
"Recycling Operation" means any commercial, industrial or institutional
operation or an operation by a public authority that receives recyclable materials
for storage, processing, sorting and consolidating.
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(f)
"Recyclable Material" means a product or substance that has been diverted
from disposal and satisfies at least one of the following criteria:
i)
is managed as a marketable commodity with an established market by
the owner or operator of a site,
ii)
is being used in the manufacture of a new product that has an established
market or is being processed as an intermediate stage of an existing
manufacturing process, or
iii)
has been identified as a recyclable material in the Capital Regional
District Solid Waste Management Plan.
(g)
"Sampling Point" means a location where a representative sample of the
discharge into the municipal stormwater system or watercourse may be
collected.
(h)
"Spill" means a release or discharge of a substance that causes or may cause
the stormwater discharge from the site to exceed the restrictions specified in
Schedule "D" of the bylaw.
2.0
DISCHARGE REGULATIONS
2.1
An operator of a recycling operation must not discharge wastewater which, at the point
of discharge into the municipal stormwater system or watercourse, contains:
(a)
water that has accumulated in a spill containment area,
(b)
untreated wash and rinse water from the cleaning of recyclable materials that
does not meet Schedule "D" of the bylaw,
(c)
wash and rinse water from interior floor washing activities, or
(d)
fluids and fuels from vehicles or machinery.
2.2
An operator of a recycling operation that commences operation after the date of
adoption of this code of practice and that discharges wastewater, other than stormwater
from roof drains and perimeter drains, into the municipal stormwater system or
watercourse must install and maintain one or more manufactured treatment devices to
treat the collected stormwater prior to discharge.
2.3
An operator of a recycling operation operating on the date of adoption of this code of
practice that does not have a manufactured treatment device and discharges
wastewater, other than stormwater from roof drains and perimeter drains, into the
municipal stormwater system or watercourse must install one or more manufactured
treatment devices within three years of adoption of this code.
2.4
An operator of a recycling operation who installs a manufactured treatment device under
sections 2.2 or 2.3 must install a sampling point.
2.5
An operator of a recycling operation that has a manufactured treatment device that does
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not have a sampling point on the date of adoption of this code of practice must install a
sampling point within two years from the date of adoption of this code of practice.
2.6
An operator of a recycling operation must ensure sampling points specified in sections
2.4 and 2.5 are easily accessible at all times for use and inspection.
2.7
An operator of a recycling operation who installs a manufactured treatment device on or
after the date of adoption of this code of practice must locate the manufactured
treatment device so that it is easily accessible for inspection and maintenance.
2.8
An operator of a recycling operation subject to sections 2.2 or 2.3 must ensure that all
stormwater from the recycling operation, other than roof drains and perimeter drains, is
directed to one or more manufactured treatment devices before being discharged into
the municipal stormwater system or watercourse.
2.9
An operator of a recycling operation must not discharge oil and grease, solids or other
material accumulated in a manufactured treatment device into the municipal stormwater
system or watercourse.
2.10
An operator of a recycling operation must not use or permit the use of intentional high
volume flows, chemical agents, solvents, hot water or other agents to facilitate the
passage of oil and grease, solids or other material through a manufactured treatment
device .
2.11
An operator of a recycling operation:
(a)
must not permit floating oil and grease or other floating material to accumulate in
the manufactured treatment device in excess of 75 of the design capacity of the
manufactured treatment device ,
(b)
must not permit the settled solids to accumulate in the manufactured treatment
device in excess of 75 of the design capacity,
(c)
must inspect the manufactured treatment device and measure the accumulated
solids and floating oils at least once every six months to verify the requirements
under (a) and (b),
(d)
must have the manufactured treatment device cleaned out within seven working
days of determining that any levels prescribed in section (a) or (b) have been
exceeded, and
(e)
must have the manufactured treatment device cleaned out at least once every 12
months.
2.12
An operator of a recycling operation must not use or permit the use of intentional high
volume flows, chemical agents, solvents, hot water or other agents to facilitate the
passage of oil and grease, solids or other material through a manufactured treatment
device .
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2.13
An operator of a recycling operation:
(a)
must not permit floating oil and grease or other floating material to accumulate in
the manufactured treatment device in excess of 75% of the design capacity of
the manufactured treatment device ,
(b)
must not permit the settled solids to accumulate in the manufactured treatment
device in excess of 75% of the design capacity,
(c)
must inspect the manufactured treatment device and measure the accumulated
solids and floating oils at least once every six months to verify the requirements
under (a) and (b),
(d)
must have the manufactured treatment device cleaned out within seven working
days of determining that any levels prescribed in section (a) or (b) have been
exceeded, and
(e)
must have the manufactured treatment device cleaned out at least once every 12
months.
3.0
SPILL PREVENTION AND RESPONSE
3.1
An operator of a recycling operation that involves the storage of fertilizer, pesticides,
solvents, antifreeze, lead-acid batteries, oil, gasoline, diesel, fuel oil, transmission fluid,
brake fluid and/or automotive fluids, the storage of which is not otherwise regulated
under the Fire Code, Environmental Management Act or any other enactment, must
install spill containment for these materials.
3.2
An operator of a recycling operation operating on the date of adoption of this code of
practice must prepare a spill response plan by six months after the date of adoption of
this code of practice.
3.3
An operator of a recycling operation that commences operation after the date of adoption
of this code of practice must prepare a spill response plan within 60 days of commencing
operation.
3.4
The spill response plan must:
(a)
specify the response for containment and cleanup of all spills of all materials
present at the property that could cause the discharge to exceed the
restrictions defined in Schedule "D" of the bylaw,
(b)
define the roles and responsibilities of the operations personnel for spill
response,
(c)
include contact names and telephone numbers for appropriate agencies, and
(d)
provide a check-list of spill response equipment and supplies.
3.5
In the event of a spill, an operator of a recycling operation must immediately implement
the provisions of the spill response plan specified in sections 3.2 and 3.3, when safe to
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do so, to prevent or discontinue the discharge of spilled material from entering into the
municipal stormwater system or watercourse. Where there is potential for the spill to
enter either the municipal stormwater system or watercourse, the Director must
immediately be notified.
3.6
As part of a spill response plan, an operator of a recycling operation who operates a
manufactured treatment device must inspect the manufactured treatment device for
spilled material within four hours after a spill has been detected.
3.7
An operator of a recycling operation must keep the spill response equipment and
supplies identified in the spill response plan specified in sections 3.2 and 3.3 at the
location of the recycling operation and readily available at all times.
4.0
RECORD KEEPING AND RETENTION
4.1
An operator of a recycling operation must keep a record of all inspection and
maintenance activities in relation to the manufactured treatment device, including:
(a)
the date of inspection or maintenance,
(b)
a description of maintenance conducted,
(c)
the name and address of the disposal or recycling company or facility handling
the material removed from the manufactured treatment device, and
(d)
names of the persons who conducted the inspection or maintenance.
4.2
An operator of a recycling operation must keep a record at the recycling operation site of
all spills, including:
(a)
the date of spill,
(b)
the type of material spilled,
(c)
the quantity of material spilled,
(d)
the spill response action,
(e)
the disposal of contaminated materials involved in the spill, and
(f)
names of the persons responsible for conducting the spill response.
4.3
An operator of a recycling operation must keep the spill response plans required under
sections 3.2 and 3.3 on the site and available for inspection by a bylaw enforcement
officer or the Director.
4.4
The records required under sections 4.1 and 4.2 shall be retained onsite for a period of
at least two years and shall be available for inspection by a bylaw enforcement officer or
the Director.