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CONSOLIDATION UPDATE: NOVEMBER 9, 2022
THE CITY OF WINNIPEG
SEWER BY-LAW NO. 106/2018
TABLE OF CONTENTS
PART 1 INTRODUCTION
4
1
Short Title ...................................................................................................................................... 4
2
Definitions and interpretation ........................................................................................................ 4
PART 2 AUTHORITY
13
3
Director's authority ...................................................................................................................... 13
4
Inspecting, enforcing and administering this By-law ................................................................... 13
5
Flood prevention and control ...................................................................................................... 14
6
Emergency entries allowed ......................................................................................................... 14
PART 3 GENERAL
15
7
Responsibility for complying with this By-law .............................................................................. 15
8
Responsibility for installing private sewer service pipes ............................................................. 15
9
Responsibility for maintaining private sewer service pipes ......................................................... 15
10
Sewer contractors ....................................................................................................................... 16
11
Monitoring requirements ............................................................................................................. 16
12
Sampling and analytical requirements ........................................................................................ 16
13
Record search ............................................................................................................................. 17
14
Contamination of wastewater system prohibited ........................................................................ 17
15
Dilution prohibited ....................................................................................................................... 17
16
Restrictions on withdrawing wastewater ..................................................................................... 18
17
Restrictions on withdrawing land drainage ................................................................................. 18
18
Obstructing work prohibited ........................................................................................................ 18
19
Damage to and obstruction of sewer prohibited ......................................................................... 18
PART 4 PERMITS, LICENCES AND AUTHORIZATIONS
19
20
Permits, licences and authorizations .......................................................................................... 19
21
Suspending and cancelling a permit, licence or authorization .................................................... 20
22
Emergency suspensions of a permit, licence or authorization .................................................... 21
23
Restriction on issuing licences .................................................................................................... 22
24
Issuing licences ........................................................................................................................... 23
PART 5 SEWER CONTRACTOR'S LICENCE REQUIREMENTS
23
25
Sewer Contractor's Licence required .......................................................................................... 23
26
Licence requirements .................................................................................................................. 23
PART 6 CONSTRUCTION REQUIREMENTS
24
27
Requirements for private sewer service pipes or private land drainage system ......................... 24
28
Complying with construction standards required ........................................................................ 24
29
Authorization required before backfilling ..................................................................................... 25
30
Requirements for private sewer service pipes when buildings demolished ................................ 25
31
Requirements for blocking unused private sewer service pipes ................................................. 26
This document is an office consolidation of by-law amendments which has been prepared for the
convenience of the user. The City of Winnipeg expressly disclaims any responsibility for errors or
omissions.
By-law No. 106/2018
Page 2 of 68
32
Requirements for abandoning private sewer service pipes ........................................................ 26
33
Requirements for reusing private sewer service pipes ............................................................... 26
PART 7 CONNECTION REQUIREMENTS
27
34
Responsibility for complying with this Part .................................................................................. 27
35
All properties to be connected to common sewer main .............................................................. 27
36
Requirements for non-conforming private sewer service pipes .................................................. 27
37
Property to be connected to land drainage sewer or combined sewer ....................................... 29
38
Temporary overland discharge permit required .......................................................................... 29
39
Requirement to abandon a non-conforming private sewer service pipe and connect to the
wastewater system ..................................................................................................................... 30
40
Connection charge ...................................................................................................................... 30
41
Repair and replacement of pipe under street .............................................................................. 31
42
Interconnection of wastewater and land drainage private sewer service pipes prohibited ......... 32
PART 8 DISCHARGES OF WASTEWATER
32
43
Responsibility for complying with this Part .................................................................................. 32
44
Wastewater must be discharged to wastewater system ............................................................. 32
45
Wastewater discharges to wastewater system restrictions ......................................................... 32
46
Wastewater Discharge Licence required .................................................................................... 33
47
Overstrength Discharge Licence required .................................................................................. 33
48
Discharge rate limits ................................................................................................................... 34
49
Surcharges for select overstrength wastewater substances ....................................................... 34
50
Swimming pool water discharge restrictions ............................................................................... 34
51
Grease interceptors required ...................................................................................................... 34
52
Oil interceptors required .............................................................................................................. 35
53
Sediment interceptors required ................................................................................................... 36
54
Oil, grease or sediment interceptor design specifications ........................................................... 36
55
Oil, grease and sediment interceptor maintenance requirements .............................................. 37
56
Dental waste amalgam separator required ................................................................................. 37
57
Food waste grinder discharge restrictions .................................................................................. 37
PART 9 DISCHARGE OF LAND DRAINAGE
37
58
Responsibility for complying with this Part .................................................................................. 37
59
Land drainage must be discharged to land drainage system ..................................................... 38
60
Land drainage discharges to land drainage system restricted .................................................... 38
61
Land Drainage Discharge Licence required ................................................................................ 38
62
Downspout Discharge Licence required ..................................................................................... 38
63
Sump Pump Discharge Licence required ................................................................................... 39
64
Discharge rate limits ................................................................................................................... 39
65
Catch basin maintenance required ............................................................................................. 39
PART 10 SPILLS
40
66
Obligation to notify the City ......................................................................................................... 40
67
Containing and cleaning up the spill ........................................................................................... 40
68
Preparing and submitting a written report ................................................................................... 40
69
Spills deemed to be emergencies ............................................................................................... 41
PART 11 HAULED WASTEWATER
41
70
No discharge except at designated sites .................................................................................... 41
71
Use of public hauled wastewater disposal stations ..................................................................... 41
72
Wastewater Hauler's Licence required ....................................................................................... 41
By-law No. 106/2018
Page 3 of 68
73
Wastewater Disposal Vehicle Licence required .......................................................................... 41
74
Recreational vehicles exempt ..................................................................................................... 42
75
Responsibilities of wastewater haulers ....................................................................................... 42
76
Responsibility of generators of hauled wastewater ..................................................................... 43
77
Damage to hauled wastewater disposal site ............................................................................... 43
PART 12 POLLUTION PREVENTION PLANNING
43
78
Definitions ................................................................................................................................... 43
79
Scope of this Part ........................................................................................................................ 44
80
Pollution Prevention Plan required .............................................................................................. 44
81
Change of business ownership ................................................................................................... 45
82
Form and content of Plan ............................................................................................................ 45
83
Rejected Plans ............................................................................................................................ 46
84
Submitting subsequent Plans ..................................................................................................... 46
85
Notice of change in information required .................................................................................... 46
86
Spills and other contraventions ................................................................................................... 47
87
Progress updates required .......................................................................................................... 47
88
Form of progress updates ........................................................................................................... 47
89
Rejected progress updates ......................................................................................................... 47
90
Business must achieve progress ................................................................................................ 47
91
Storage of Plans and progress updates ...................................................................................... 48
92
Termination of obligation to engage in pollution prevention planning ......................................... 48
93
Consequences of violating this Part ............................................................................................ 48
PART 13 SEWER CHARGES
48
94
Sewer charge imposed ............................................................................................................... 48
95
Sewer charges for condominiums ............................................................................................... 49
96
Calculation of sewer charge ........................................................................................................ 49
97
Adjustment of sewer charges ...................................................................................................... 50
98
Large volume sewer credit program ........................................................................................... 51
99
Property previously served by on-site wastewater management system ................................... 52
100
City meters .................................................................................................................................. 52
101
Private meters ............................................................................................................................. 53
PART 14 ADMINISTRATION, ENFORCEMENT AND OTHER PROVISIONS
53
102
Compliance orders ...................................................................................................................... 53
103
Notice .......................................................................................................................................... 53
104
Penalties for contravening By-law ............................................................................................... 54
105
Appeals ....................................................................................................................................... 54
PART 15 REPEALS AND COMING INTO FORCE
55
106
Sewer By-law No. 92/2010 repealed .......................................................................................... 55
107
Coming into force ........................................................................................................................ 55
SCHEDULE "A"
56
SCHEDULE "B"
57
SCHEDULE "C"
59
SCHEDULE "D"
60
SCHEDULE "E"
62
THE CITY OF WINNIPEG
SEWER BY-LAW NO. 106/2018
A By-law of THE CITY OF WINNIPEG to regulate
the use of the City of Winnipeg's wastewater
system and land drainage system.
THE CITY OF WINNIPEG, in Council assembled, enacts as follows, namely:
PART 1
INTRODUCTION
1
Short Title
1
This By-law may be cited as the "Sewer By-law".
2
Definitions and interpretation
In this By-law
"abandon", in the context of the wastewater system, means to physically disconnect a
private sewer service pipe from a common sewer main;
"American Public Health Association" means the American Public Health Association
founded in 1872, or any successor association;
"American Water Works Association" means the American Water Works Association
founded in 1881, or any successor association;
"as-built drawing" means a drawing of a completed construction project that shows on-
site changes to the original design documents for the project;
"biochemical oxygen demand" or "BOD" means the quantity of oxygen used in the
biochemical oxidation of organic matter under standard laboratory conditions for five
days at a temperature of 20 degrees Celsius;
"biosolids" means the digested and dewatered residual solid material resulting from the
treatment process at a sewage treatment plant;
"blowdown water" means recirculated water discharged from a cooling or heating
water system to
(a)
control the level of water in the system; or
(b)
discharge materials from the system which might otherwise build up and
harm the operation of the system;
"business" has the same meaning as in the Charter;
By-law No. 106/2018
Page 5 of 68
"business day" means any day that is not a
(a)
Saturday;
(b)
Sunday; or
(c)
holiday recognized by the City;
"Canadian Standards Association" means the Canadian Standards Association
founded in 1919, or any successor association;
"catch basin" means an inlet to the land drainage system or to the wastewater system
that is designed to capture sediment, debris and associated pollutants from incoming
land drainage, which includes a sump, and may include a grate or curb inlet;
"Charter" means The City of Winnipeg Charter, SM 2002 c 39;
"City" means the municipal corporation of The City of Winnipeg;
"city" means land within the boundaries of the City of Winnipeg;
"City infrastructure" has the same meaning as in the Water By-law;
"combined sewer main" means a common sewer main that is designed to accept both
wastewater and land drainage;
"combustible gas meter" means an instrument capable of determining the percentage
of the lower explosive limit for a combustible gas or vapour in air;
"common sewer main " means a wastewater sewer main or a combined sewer main
that
(a)
is designed to collect wastewater directly from private sewer service
pipes; and
(b)
is not an interceptor sewer main;
"condominium" means a building that
(a)
contains multiple dwelling units; and
(b)
is subject to The Condominium Act, CCSM c C170;
"connection" means the point at which a private sewer service pipe or a private land
drainage system is connected to the wastewater system or to the land drainage system
so as to permit the discharge of land drainage or wastewater from a property into a land
drainage sewer main or a common sewer main in accordance with this By-law;
"cooling water" means water that is used to reduce temperature in an enclosed
system, and includes the condensate from that system;
"Council" means the municipal council for the City;
By-law No. 106/2018
Page 6 of 68
"demolish", in the context of a building, means to remove or destroy the entire building,
including its foundation;
"Department" means the City's Water and Waste Department;
"designated committee" means the Standing Policy Committee on Water, Waste and
Environment;
amended 137/2022
"designated employee" means the Director and any other City employee who has
been authorized by the Director to administer and enforce all or part of this By-law or to
exercise any of the powers given to the Director under this By-law;
"Director" means the Director of the Department, and includes his or her delegate;
"Downspout Discharge Licence" means a licence issued under section 62 of this By-
law;
"dwelling unit" means a residence, with cooking facilities, designed for an individual or
a group of individuals living as a single housekeeping unit, including single-family
dwellings, but not including hotels, hostels, or residential care facilities;
"explosive" means a substance that is listed under Class 1 of The Transportation of
Dangerous Goods Act (Canada);
"flammable liquid" has the same meaning as in regulations under The Dangerous
Goods Handling and Transportation Act (Manitoba);
"flammable solid" has the same meaning as in regulations under The Dangerous
Goods Handling and Transportation Act (Manitoba);
"food service establishment" means any place, other than a dwelling unit, where food
is manufactured, prepared, processed, heated, cooked, packaged, served or otherwise
handled in a manner that produces or may produce natural oils and grease, and may
include bakeries, restaurants, catering operations, retail food stores, hotels,
commissaries, canteens, cafes and coffee shops, snack bars, banquet halls,
delicatessens, ice cream shops and temporary food service operations;
"fronting", with respect to the relationship between a property and a common sewer
main or a land drainage sewer main, means that portion of the common sewer main or
the land drainage sewer main that lies within a street that is immediately adjacent to the
property;
"gas (Class 2)" has the same meaning as in regulations under The Dangerous Goods
Handling and Transportation Act (Manitoba);
"generator" means a person who generates or permits the generation of land drainage
or wastewater, and may include the owner or the occupant of property from which land
drainage or wastewater is discharged to the land drainage system or to the wastewater
system;
By-law No. 106/2018
Page 7 of 68
"greywater" means untreated, used water, including water discharged from
(a)
appliances, such as dishwashers or washing machines; and
(b)
plumbing fixtures such as sinks, bathtubs and showers,
but does not include sewage;
"groundwater" means water beneath the earth's surface that has accumulated through
seepage, but does not include water that has been mechanically or manually pumped to
the earth's surface;
"hauled wastewater" means wastewater that is
(a)
not discharged to the wastewater system; and
(b)
is transported by vehicle to a hauled wastewater disposal site;
"hauled wastewater disposal site" means a site or facility designated for the disposal
of hauled wastewater by the Director;
"hazardous waste" means any substance or mixture of substances other than a
pesticide that
(a)
exhibits characteristics of flammability, corrosivity, reactivity or toxicity; or
(b)
is designated as a toxic substance in Schedule 1 to the Canadian
Environmental Protection Act, 1999;
"heating water" means water used to increase temperature in an enclosed system, and
includes the condensate from that system;
"infectious or toxic" has the same meaning as in Canadian Environmental Protection
Act, 1999;
"interceptor" means a receptacle or trap installed to intercept and separate specific
material and prevent it from passing into a land drainage system or a wastewater
system;
"interceptor sewer main" means a sewer that
(a)
is designed to carry wastewater from a common sewer main to a sewage
treatment plant and not to collect wastewater from private sewer service
pipes; and
(b)
has been designated as such by the Director;
"invert" means the elevation of the lowest inside surface of a pipe, drain, sewer, culvert,
or manhole;
By-law No. 106/2018
Page 8 of 68
"land drainage" means water that is not and has not been mixed with wastewater,
including
(a)
surface water, including rainwater and snowmelt; and
(b)
groundwater, including water from weeping tiles, foundation drains and
sump pumps;
"Land Drainage Discharge Licence" means a licence issued under section 61 of this
By-law;
"land drainage sewer main" means a sewer that is designed to carry only land
drainage;
"land drainage system" means the pipes, equipment, facilities, structures and
processes within the city designed to collect, carry and dispose of land drainage,
including land drainage sewer mains but not including private sewer service pipes;
"landfill leachate" means the liquid containing dissolved or suspended contaminants
produced by solid waste or by water passing through solid waste;
"lower explosive limit" means the lowest concentration of vapour or gas in air that will
explode or burn when ignited;
"mineral or synthetic oil and grease" means fats, waxes, oils or grease that are not
natural oil and grease;
"multi-family dwelling" means a building that contains 3 or more dwelling units;
"natural oil and grease" means fats, waxes, oils or grease from animal or vegetable
sources;
"non-conforming private sewer service pipe" means a private sewer service pipe
that is not connected to a fronting common sewer main;
"nonylphenols" means the total of nonylphenols as analyzed by liquid chromatography-
mass spectrometry (LC-MS);
"nonylphenol ethoxylates" means the total of nonylphenol ethoxylates, as analyzed by
liquid chromatography-mass spectrometry (LC-MS), including nonylphenol diethoxylates
and nonylphenol monoethoxylates; "occupant" means a person who occupies a
property;
"on-site wastewater management system" has the same meaning as in the On-site
Wastewater Management System Regulation, Manitoba Regulation 83/2003;
"operator", in respect of a business, means a person having responsibility for and
control over the day-to-day operations of that business and may include the owner of
that business;
"overstrength wastewater" means wastewater which contains substances with
concentrations that exceed the limits set out in Schedule "B";
By-law No. 106/2018
Page 9 of 68
"Overstrength Discharge Licence" means a licence issued under section 47 of this
By-law;
"owner", in respect of real property, means the owner of that property as defined in the
Charter and, if the property is divided into condominium units under The Condominium
Act, includes the condominium corporation with respect to the common elements of the
building or buildings and land from which wastewater or land drainage is being
discharged;
"oxidizing substance and organic peroxide" has the same meaning as in regulations
under The Dangerous Goods Handling and Transportation Act (Manitoba);
"permit holder" means the person to whom a permit, licence or authorization has been
issued under this By-law;
"person" means an individual, firm, partnership, association or other body, whether
incorporated or unincorporated;
"pesticide" means a product registered under the Pest Control Products Act (Canada);
"phenolics" means the total of all phenolic compounds as determined by the 4-
aminoantipyrine method (4AAP method);
"private land drainage system" means the pipes, equipment, facilities and structures
that are not owned by the City and are designed to collect, carry and dispose of land
drainage from private property;
"private meter" means a water meter or a wastewater meter that is not owned by the
City;
"private property" means property that is not
(a)
a street; or
(b)
owned by the City;
"private sewer service pipe" means a pipe, or system of pipes, and related
components which are designed to carry wastewater or land drainage underground from
its source on private property to the wastewater system or to the land drainage system;
"property" means all or part of real property identified by a street address;
"radioactive material" means a substance listed under Class 7 in the Transportation of
Dangerous Goods Act (Canada);
"Service Permit" means a permit issued under section 27 of this By-law;
"sewage" means liquid waste from residential, industrial, commercial, or institutional
sources;
By-law No. 106/2018
Page 10 of 68
"sewer main" means a pipe that
(a)
is not a private sewer service pipe;
(b)
collects and transmits wastewater or land drainage, or both; and
(c)
is part of either the wastewater system or the land drainage system;
"Sewer Contractor's Licence" means a licence issued by a designated employee
under section 25 of this By-law;
"sewer rate" means the price per cubic metre established by Council or pursuant to
powers delegated by Council that is used to calculate the sewer charge in accordance
with section 94 of this By-law;
"single-family dwelling" means a building which contains a single dwelling unit;
"single-family or two-family property" means a property on which a single-family
dwelling or a two-family dwelling is located, but does not include a property on which a
multi-family dwelling is located;
"spill" means a discharge that
(a)
is not permitted by this By-law; and
(b)
has entered or may enter the wastewater system or the land drainage
system;
"Standard Construction Specifications" means the current edition of the City of
Winnipeg Standard Construction Specifications posted on the City's web site;
"Standard Methods for the Examination of Water and Wastewater" means the
current edition of Standard Methods for the Examination of Water and Wastewater as
published jointly by the American Public Health Association, the American Water Works
Association, and the Water Environment Federation;
"street" has the same meaning as in the Charter;
"Sump Pump Discharge Licence" means a licence issued under section 63 of this By-
law;
"swimming pool water" means water from swimming pools, wading pools, hot tubs, or
spas, but does not include water that has accumulated on the cover of a swimming pool,
wading pool or hot tub from rain or snow melt;
"total nitrogen" means the sum of ammonia, nitrite, nitrate, and organic nitrogen;
"total polycyclic aromatic hydrocarbons" means the total of
(a)
acenaphthene;
(b)
acenaphthylene;
By-law No. 106/2018
Page 11 of 68
(c)
anthracene;
(d)
benzo(a)anthracene;
(e)
benzo(a)pyrene;
(f)
benzo(b)fluoranthene;
(g)
benzo(ghi)perylene;
(h)
benzo(k)fluoranthene;
(i)
chrysene;
(j)
dibenzo(ah)anthracene;
(k)
fluoranthene;
(l)
fluorene;
(m)
indeno(1,2,3 cd)pyrene;
(n)
1-methyl naphthalene;
(o)
2- methyl naphthalene;
(p)
naphthalene;
(q)
phenanthrene; and
(r)
pyrene;
"total phosphorus" means the sum of all forms of phosphorus in a substance;
"total polychlorinated biphenyls" means the sum of all chlorobiphenyls that have
more than two chlorine atoms. Total polychlorinated biphenyls are reported as Aroclor
types;
"total suspended solids" or "TSS" means the total amount of solids per litre in
wastewater retained by a filter;
"two-family dwelling" means a building that contains 2 dwelling units;
"wastewater" means any mixture of water and water-carried waste, including
(a)
sewage;
(b)
greywater;
(c)
swimming pool water;
(d)
heating water;
By-law No. 106/2018
Page 12 of 68
(e)
cooling water;
(f)
land drainage that contains any of the substances set out in Schedule "C"
or contains substances with concentrations that exceed the limits set out
in Schedule "D"; and
(g)
any water that has come into contact with sewage, greywater, swimming
pool water, heating water, or cooling water;
"Wastewater Discharge Licence" means a licence issued under section 46 of this By-
law;
"Wastewater Disposal Vehicle Licence" means a licence issued under section 73 of
this By-law;
"Wastewater Hauler's Licence" means a licence issued under section 72 of this By-
law;
"wastewater meter" means a device designed to measure and record the volume of
wastewater discharged from a property and includes any associated devices or
equipment, such as a remote reading device;
"wastewater sewer main" means a sewer main that is designed to collect directly from
private sewer service pipes and carry wastewater, but does not include an interceptor
sewer main;
"wastewater system" means all pipes, sewer mains, equipment, facilities, structures
and processes within the city designed to collect, carry, treat and dispose of wastewater,
but does not include private sewer service pipes;
"Water Environment Federation" or "WEF" means the Water Environment Federation
headquartered in Alexandria, Virginia, or any successor organization;
"water meter" has the same meaning as in the Water By-law;
"waterway" means a body of water located on public property, and includes
(a)
a river, stream, creek, canal, ditch, swale, water channel, pond or
stormwater retention basin, whether natural, constructed or altered; and
(b)
the frozen surface or bed of that body of water;
"weeping tiles" means a system for collecting or carrying groundwater around a
building; and
"work", unless the context indicates otherwise, includes installing, enlarging, repairing,
altering, connecting, abandoning or reusing any part of:
(a)
a private sewer service pipe;
(b)
a private land drainage system;
By-law No. 106/2018
Page 13 of 68
(c)
the wastewater system; or
(d)
the land drainage system.
For the purposes of this By-law, quantities of substances shall be determined in
accordance with tests and expressed in units of measurement set out in the Standard Methods
for the Examination of Water and Wastewater.
PART 2
AUTHORITY
3
Director's authority
Subject to this By-law and to resolutions of Council, the Director is authorized to
administer this By-law, the wastewater system and the land drainage system with the city.
Without restricting the general nature of subsection (1), the authority given to the
Director includes the authority to
designate City employees as designated employees under this By-law;
determine which forms of payment will be accepted for a price, rate, fee, penalty,
deposit or other charge related to the discharge of wastewater or land drainage
to the wastewater system or to the land drainage system, and the locations at
which those payments will be accepted;
determine when invoices in respect of sewer charges will be issued;
determine when sewer charges will be due and payable;
recover any unpaid price, rate, fee, penalty, deposit or other charge related to the
discharge of wastewater or land drainage to the wastewater system or the land
drainage system by any legal means, including adding the unpaid price, rate, fee,
penalty, deposit or charge to real property taxes in accordance with the Charter;
determine when inspections are required in respect of work regulated by this By-
law; and
designate hauled wastewater discharge sites.
4
Inspecting, enforcing and administering this By-law
Designated employees are authorized to conduct inspections, administer and enforce
this By-law, or remedy a violation of this By-law, and for these purposes, they have the powers
of a designated employee under the Charter.
The powers given to designated employees in subsection (1) include the authority, after
giving reasonable notice to the owner or the occupant, to
enter upon private property at any reasonable time;
install wastewater meters;
By-law No. 106/2018
Page 14 of 68
inspect wastewater meters, private sewer service pipes or any other thing that is
required by this By-law to be installed, maintained or done on a property;
collect and analyze samples of
(i)
wastewater;
(ii)
land drainage; or
(iii)
any other substance being discharged, or capable of being discharged,
into the wastewater system or land drainage system;
where the owner or the occupant of the property has for 30 consecutive days
refused to allow or has interfered with entry to that property by the designated
employee, shut off the supply of water to that property; and
take any other action or measure authorized by this By-law.
The powers given to designated employees in subsection (1) include the authority to
prevent or stop a vehicle from discharging hauled wastewater into a hauled wastewater disposal
site if the designated employee determines that the discharge violates or may violate this By-
law, including any conditions imposed on a Wastewater Disposal Vehicle Licence.
5
Flood prevention and control
The Director is authorized to maintain and operate permanent flood pumping stations,
gates and gate chambers.
Where the Director determines that overland flooding is possible, he or she is authorized
to operate auxiliary pumps and to close openings between the wastewater or land drainage
systems and any body of water in order to meet the threat of overland flooding or reduce or
eliminate its effects.
Where the Director determines that overland flooding or possible overland flooding
constitutes an emergency that affects or may affect the health or safety of persons or property,
the Director is authorized to take whatever actions or measures he or she determines necessary
to meet the emergency and to eliminate or reduce its effects.
Despite any other provision of this By-law, a designated employee is authorized to
discharge or permit to be discharged wastewater or land drainage into a waterway where the
designated employee determines that the discharge is necessary to control overland flooding.
6
Emergency entries allowed
Where the designated employee determines that an emergency exists that affects or
may affect the health or safety of persons or property, a designated employee is authorized to
take any actions that the designated employee determines necessary to meet the emergency
and eliminate or reduce its effects.
By-law No. 106/2018
Page 15 of 68
Without limiting the general nature of subsection (1), the authority of the designated
employee given in subsection (1) includes the authority to
enter property; and
shut off the supply of water to a property,
without notice to or consent by the owner or the occupant of the property.
PART 3
GENERAL
7
Responsibility for complying with this By-law
Unless otherwise indicated, the obligations and requirements set out in this By-law apply
to every person.
Where a requirement is imposed on a person by this By-law, an agent may act on behalf
of that person to meet the requirement but the person is responsible to meet the requirement
even if an agent is acting on his or her behalf.
A requirement imposed by this By-law on a generator of wastewater or land drainage,
including the owner or the occupant of property, includes the obligation to not permit the
requirement to be violated by another person.
8
Responsibility for installing private sewer service pipes
The owner of any property that will discharge wastewater to the wastewater system or
land drainage to the land drainage system is responsible for the installation of all private sewer
service pipes, including connections and related components, required to facilitate the discharge
of wastewater or land drainage from the property to the wastewater system or land drainage
system.
amended 51/2020
The obligation imposed in subsection (1) includes the obligation to
ensure that the installation of the private sewer service pipes is in accordance
with this By-law; and
to pay the costs of the installation.
9
Responsibility for maintaining private sewer service pipes
Subject to section 30 and section 41, the owner of any property that discharges
wastewater to the wastewater system or land drainage to the land drainage system through a
conforming or non-conforming private sewer service pipe must ensure that the entirety of the
private sewer service pipe is in an operable condition and is in compliance with this By-law.
amended 51/2020
repealed 51/2020
By-law No. 106/2018
Page 16 of 68
The obligation to maintain a private sewer service pipe imposed by this section includes
the obligation to
maintain the private sewer service pipe so that it does not leak or cause damage
to other property or to City infrastructure; and
repair or replace the private sewer service pipe as required.
Where a single private sewer service pipe discharges wastewater or land drainage from
more than one property, the obligation imposed by this section applies equally to the owners of
all properties from which wastewater or land drainage is discharged.
amended 51/2020
10
Sewer contractors
10
The owner of a property must ensure that any work completed under sections 8 or 9 is
carried out by a person who holds a valid Sewer Contractor's Licence issued in accordance with
Part 4.
11
Monitoring requirements
11
Where the designated employee determines that an access point is necessary to
observe, sample or measure wastewater, the owner or the occupant of a property must
construct or install the access point in accordance with plans and specifications
approved by the designated employee;
maintain the access point in a safe condition, as determined by the designated
employee; and
ensure that the access point is accessible to a designated employee at all
reasonable times.
12
Sampling and analytical requirements
All measurements, tests and analyses required or authorized under this By-law must
follow the Standard Methods for the Examination of Water and Wastewater.
If Standard Methods for the Examination of Water and Wastewater does not contain an
appropriate test or analysis, a designated employee is authorized to determine the appropriate
test or analysis.
If more than one procedure, test or analysis is set out in Standard Methods for the
Examination of Water and Wastewater, a designated employee is authorized to determine
which procedure, test or analysis must be used.
Samples must be taken at an access point or other location determined by a designated
employee.
When making a determination under subsection (2), (3) or (4), the designated employee
must take into account
cost and practicality; and
the potential accuracy of the result.
By-law No. 106/2018
Page 17 of 68
In the absence of evidence to the contrary, samples taken of wastewater discharged
from a property are deemed to be characteristic of all of the wastewater discharged into the
wastewater system from that property.
13
Record search
13
Subject to The Freedom of Information and Protection of Privacy Act, upon payment of
the applicable fee, the owner of a property or an agent of the owner is entitled to receive, in
respect of a property, account histories and other records which the City has in its possession.
14
Contamination of wastewater system prohibited
14
A person must not add any substance to the wastewater system unless authorized by
the Director.
15
Dilution prohibited
A person must not dilute wastewater with water or any other material in order to comply
with the discharge limits set out in this By-law unless authorized by a designated employee.
A designated employee must not authorize the dilution of wastewater unless
the substance being diluted is not subject to a surcharge under this By-law; and
the designated employee determines that the diluted discharge is not likely to
(i)
pose a risk of harm to the health or safety of persons or property, to the
environment or to City infrastructure;
(ii)
interfere with the operation or maintenance of the wastewater system;
(iii)
damage the wastewater system; or
(iv)
prevent the City from meeting limits imposed by the Province of Manitoba
or the Government of Canada for disposal of liquid to waterways or of
biosolids to land.
The designated employee is authorized to impose any conditions on the authorization of
the dilution of wastewater under subsection (2) that he or she considers appropriate to ensure
that the diluted discharge does not
pose a risk to the City's infrastructure, human health or safety, property, or the
environment;
interfere with the operation or maintenance of the wastewater;
damage the wastewater system; or
prevent the City from meeting limits imposed by the Province of Manitoba or
Government of Canada for disposal of liquid to waterways or of biosolids to land.
Where wastewater has been diluted in violation of subsection (1), the owner or the
occupant of the property from which the diluted wastewater is being discharged is responsible
for the contents of the wastewater as if it had not been diluted.
By-law No. 106/2018
Page 18 of 68
16
Restrictions on withdrawing wastewater
A person must not withdraw or use wastewater from the wastewater system unless
authorized by a designated employee.
A designated employee must not authorize the withdrawal of wastewater from the
wastewater system unless he or she determines that the withdrawal
is for legitimate scientific study; and
the wastewater can be withdrawn and used without risk of harm to the health or
safety of persons, to property or to the environment.
The designated employee's authority to impose conditions on the authorization under
subsection (2) includes the authority to impose the condition that the person to whom the
authorization was issued must restore the wastewater system to its original condition following
the withdrawal.
17
Restrictions on withdrawing land drainage
A person must not withdraw or use land drainage from the land drainage system unless
authorized by a designated employee.
A designated employee must not authorize the withdrawal of land drainage from the land
drainage system unless he or she determines that the withdrawal
does not pose a risk of harm the health or safety of persons or property, to the
environment or to City infrastructure; and
would not adversely affect the water level of the land drainage system.
The designated employee's authority to impose conditions on the authorization under
subsection (2) includes the authority to impose the condition that the person to whom the
authorization was issued must restore the land drainage system to its original condition
following the withdrawal.
18
Obstructing work prohibited
18
A person must not obstruct the ability of employees or agents of the City to work on the
wastewater system or the land drainage system.
19
Damage to and obstruction of sewer prohibited
A person must not damage the wastewater system or the land drainage system.
A person must not interfere with the operation of any part of the wastewater system or
the land drainage system unless authorized by a designated employee.
A person must not interfere with the operation of a private sewer service pipe allocated
within a street unless authorized by
the owner of the property that discharges wastewater to the private sewer service
pipe; and
a designated employee.
By-law No. 106/2018
Page 19 of 68
PART 4
PERMITS, LICENCES AND AUTHORIZATIONS
20
Permits, licences and authorizations
When a permit, licence or authorization is required by or under this By-law, a designated
employee is authorized to issue or renew the permit, licence or authorization if
the applicant provides the information required by the designated employee to
assess the application;
the applicant pays the applicable fee and, if applicable, the required deposit; and
the application meets the requirements set out in this By-law.
A designated employee must not renew a permit, licence or authorization if the
applicant's existing permit, licence or authorization
is suspended; or
has been cancelled and the period of time referred to in subsection 21(5) has not
expired.
A designated employee is authorized to issue or renew a permit, licence or authorization
with or without conditions, for either an indefinite or a limited period of time.
If a designated employee imposes conditions on a permit, licence or authorization under
subsection (3)
the conditions must be related to
(i)
the criteria for issuing the permit, licence or authorization; or
(ii)
administering or enforcing this By-law; and
the designated employee is authorized to take into account the previous relevant
conduct of the applicant.
The designated employee is authorized to impose as a condition under clause 20(4)(a)
the requirement that the permit holder indemnify the City against loss, harm, damage and other
consequences that could result from actions taken under the permit, licence or authorization.
It is a condition of any permit, licence or authorization issued under this By-law that the
permit holder consent to the entry of a designated employee to the property owned or occupied
by the permit holder at any reasonable time, without notice, to conduct an inspection or
otherwise administer or enforce this By-law.
The permit holder must comply with any conditions imposed on the permit, licence or
authorization.
By-law No. 106/2018
Page 20 of 68
Unless otherwise specified in a permit, licence or authorization, the permit holder must
inform a designated employee of any changes to the information submitted in the application for
the permit, licence or authorization within 10 business days following the effective date of the
change, and a failure to do so voids the permit, licence or authorization.
Where a cheque or other method of payment used to pay for any fee associated with a
permit, licence or authorization is returned for any reason, the permit, licence or authorization is
void from the effective date of the licence, permit or authorization and the permit, licence or
authorization is deemed to have never been issued.
21
Suspending and cancelling a permit, licence or authorization
In this section and section 22
"suspend" means that the permit, licence or authorization is temporarily ineffective for a
specified period of time; and
"cancel" means that the permit, licence or authorization no longer exists and the person
must reapply for a new permit, licence or authorization in order to legally carry out the
activity for which a permit, licence or authorization is required.
Unless otherwise specified in this By-law or in the permit, licence or authorization, a
permit, licence or authorization is automatically
suspended if fees associated with the permit, licence or authorization are not
paid on or prior to the date on which they are due and payable; and
cancelled if the fees associated with the permit, licence or authorization are not
paid within 30 days following the date on which they were due and payable.
A designated employee is authorized to suspend or cancel a permit, licence or
authorization if
the permit holder has failed to comply with
(i)
this By-law, the Water By-law, the Lot Grading By-law or any other
relevant legislation; or
(ii)
any conditions imposed on the permit, licence or authorization;
the applicant provided false or misleading information in the application that
affected the decision of the designated employee to grant the permit, licence or
authorization;
the designated employee determines that the past conduct of the permit holder
creates a reasonable concern that if a permit, licence or authorization were
issued in respect of an activity, the permit holder will not or is unlikely to comply
with this By-law, another by-law, other relevant legislation, or with conditions
imposed on the permit, licence or authorization;
By-law No. 106/2018
Page 21 of 68
an activity authorized by the permit, licence or authorization poses a risk of harm
to the health or safety of persons or property, to the environment or to City
infrastructure; or
the designated employee determines that a discharge authorized by a permit,
licence or authorization can no longer be accommodated by the wastewater
system or the land drainage system, as applicable.
Before suspending or cancelling a permit, licence or authorization under subsection (3),
the designated employee must
notify the permit holder in writing that suspending or cancelling the permit,
licence or authorization is being considered;
provide in writing the reasons why suspending or cancelling the permit, licence or
authorization is being considered; and
give the permit holder a reasonable opportunity to be heard.
If a designated employee decides to cancel a permit, licence or authorization, he or she
must identify the date before which, or the timeframe within which, the permit holder is not
permitted to reapply for the permit, licence or authorization.
For greater certainty, the designated employee must provide a decision concerning the
suspension or cancellation of a permit, licence or authorization to the permit holder in
accordance with the Charter and this decision is subject to appeal to the designated committee.
22
Emergency suspensions of a permit, licence or authorization
A designated employee is authorized, without notice and without a hearing, to suspend a
permit, licence or authorization for up to 30 days if the designated employee determines that
an activity authorized by the permit, licence or authorization poses an immediate
and substantial risk to the health or safety of persons or property, to the
environment or to City infrastructure; or
the information submitted in the application was incorrect and, had the correct
information been known, the permit, licence or authorization would not have been
issued.
After imposing an emergency suspension under clause 22(1)(a), the designated
employee must
immediately notify the permit holder of
(i)
the suspension;
(ii)
the date the suspension will expire;
By-law No. 106/2018
Page 22 of 68
(iii)
the reasons why the designated employee has determined that the
activity authorized by the permit, licence or authorization poses an
immediate and substantial risk to the health or safety of persons or
property, to the environment or to City infrastructure; and
(iv)
the actions that the permit holder must take or the circumstances that
must exist, if any, in order for the suspension to be lifted before the
expiration date; and
lift the suspension as soon as the immediate and substantial risk to the health or
safety of persons or property, to the environment or to City infrastructure no
longer exists.
After imposing an emergency suspension under clause 22(1)(b), the designated
employee must
immediately notify the permit holder of
(i)
the suspension;
(ii)
the date the suspension will expire; and
(iii)
the incorrect information submitted in the application; and
lift the suspension if it was imposed in error.
Unless it is lifted earlier by the designated employee, an emergency suspension
imposed under this section expires 30 days after the date on which it was imposed.
Despite subsection 22(4), if the designated employee is considering imposing a
suspension or cancellation under this section and the permit holder requests that his or her
opportunity to be heard be deferred to a date beyond the 30 day period, the designated
employee is authorized to extend an emergency suspension imposed under this section for up
to an additional 60 days.
23
Restriction on issuing licences
23
Subject to any other restrictions imposed under this By-law, the designated employee
must not issue a licence if the designated employee determines that the activity permitted by the
licence is likely to
pose a risk of harm to the health or safety of persons or property, to the
environment or to City infrastructure;
interfere with the operation or maintenance of the wastewater system or the land
drainage system;
damage the wastewater system or the land drainage system;
restrict the flow in the wastewater system or the land drainage system;
cause an unusual or offensive odour to be emitted from the wastewater system
or the land drainage system; or
By-law No. 106/2018
Page 23 of 68
prevent the City from meeting limits imposed by the Province of Manitoba or the
Government of Canada in respect of the disposal of liquid to waterways or of
biosolids to land.
24
Issuing licences
24
For the purposes of determining whether to issue a licence under this By-law, a
designated employee is authorized to require the person who has applied for the licence to
identify the quality and quantity of the proposed discharge;
develop a best management practices plan;
carry out pollution prevention measures; or
provide any other information required by the designated employee in respect of
the proposed discharge.
PART 5
SEWER CONTRACTOR'S LICENCE REQUIREMENTS
25
Sewer Contractor's Licence required
25
Only a designated employee or a person who holds a valid Sewer Contractor's Licence,
issued in accordance with Part 4 and this Part, are permitted to perform work on a private sewer
service pipe, the wastewater system, or the land drainage system.
26
Licence requirements
A designated employee is authorized to issue a Sewer Contractor's Licence if the
designated employee determines that the applicant
meets the requirements under Part 4; and
demonstrates that he or she can satisfactorily perform the work for which the
licence is being issued.
A designated employee must not issue a Sewer Contractor's Licence unless the
applicant agrees, in a written form approved by the City Solicitor, to indemnify the City against
any lawsuits or other claims for damages resulting from the work performed by the applicant or
the applicant's employees or agents on the wastewater system, the land drainage system, or a
private sewer service pipe.
A designated employee must not issue a Sewer Contractor's Licence until the applicant
files with the City's Chief Financial Officer a Certificate of Insurance demonstrating that the
licence holder has in place a commercial general liability insurance policy in an amount
determined by the Director to be sufficient to address the risk to the City and which includes
the City as an additional insured;
evidence of cross liability;
contractor's equipment cover;
By-law No. 106/2018
Page 24 of 68
unlicensed motor vehicle liability;
products and completed operations cover;
15 days' notice of cancellation; and
deductible to be paid by the contractor.
A Sewer Contractor's Licence issued under this Part is immediately void if the insurance
policy required by subsection (3) is not maintained.
PART 6
CONSTRUCTION REQUIREMENTS
27
Requirements for private sewer service pipes or private land drainage system
A person must not install a new private sewer service pipe, reuse an existing private
sewer service pipe or abandon a private sewer service pipe unless authorized by the
designated employee.
A person must not do any work on the wastewater system, the land drainage system, a
private land drainage system or a private sewer service pipe unless a Service Permit which
authorizes that person to carry out the work has been issued in accordance with Part 4.
In deciding whether or not to issue an authorization under subsection (1) or a Service
Permit under subsection (2), the designated employee must take into account the impact of the
proposed work on the wastewater system or the land drainage system.
Where the designated employee determines that work authorized under subsection (1)
or in respect of which a Service Permit has been issued under subsections (2) could have an
impact on the wastewater system, the land drainage system or City infrastructure, the
designated employee is authorized to require, as a condition of the authorization or Service
Permit, that the permit holder submit record drawings showing the completed work within 90
days following the date on which the work is completed.
28
Complying with construction standards required
A person to whom a Service Permit has been issued must ensure that work on the
wastewater system, the land drainage system, a private land drainage system or a private
sewer service pipe meets the standards set out in the Standard Construction Specifications
unless a designated employee has authorized a variation to those specifications.
A designated employee must not authorize a variation to the Standard Construction
Specifications unless he or she determines that the variation meets the intent of the Standard
Construction Specifications. Where the designated employee has authorized such a variation,
the person to whom the Service Permit has been issued must comply with that variation.
As well as complying with subsection (1) or (2), a person to whom a Service Permit has
been issued must follow any directions and requirements imposed by a designated employee to
minimize risk to the health or safety of persons or property, to the environment or to City
infrastructure.
By-law No. 106/2018
Page 25 of 68
29
Authorization required before backfilling
A person to whom a Service Permit has been issued must not backfill an excavation on
a street or private property until authorized by a designated employee.
Where an excavation is backfilled without authorization of a designated employee, in
addition to any other enforcement action taken, a designated employee is authorized to require
the work to be exposed so that an inspection can take place.
30
Requirements for private sewer service pipes when buildings demolished
In addition to the provisions of the Winnipeg Building By-law, a designated employee
must not issue a demolition permit under the Winnipeg Building By-law unless the owner, or a
person on behalf of the owner, has
abandoned the private sewer service pipe in accordance with this By-law and the
Standard Construction Specifications; or
paid a deposit to the City in an amount established by Council or pursuant to
powers delegated by Council.
Despite section 9, where a demolition permit has been issued under the Winnipeg
Building By-law in respect of a property, the owner of that property is responsible for all costs
associated with the entire private sewer service pipe, including the costs of repair and
maintenance, until the private sewer service pipe is either reused or abandoned.
If the owner of a property has provided a deposit under clause (1)(b), he or she must,
within 18 months after the demolition of the building,
reuse the private sewer service pipe in accordance with section 33; or
ensure that the private sewer service pipe is abandoned in accordance with this
section 32 and with the Standard Construction Specifications.
If an owner does not reuse or abandon the private sewer service pipe as required by
subsection (3), the designated employee is authorized, after giving 30 days' notice to the owner,
to
abandon the private sewer service pipe in accordance with section 32 and with
the Standard Construction Specifications; and
use the deposit required by this section to the costs of doing so.
If ownership of a property changes at any point before the private sewer service pipe is
abandoned or reused, the new owner of the property must comply with the obligations under
this section.
By-law No. 106/2018
Page 26 of 68
The designated employee must refund all or part of the deposit required under this Part
to the person who provided the deposit, at the request of that person, as follows
the designated employee must refund the full deposit if
(i)
the private sewer service pipe has been reused or abandoned by the
owner in accordance with subsection (3); or
(ii)
ownership of the property has changed and the new owner has provided
a deposit; and
the designated employee must refund any unused portion of the deposit if the
private sewer service pipe has been abandoned by the designated employee in
accordance with subsection (4),
31
Requirements for blocking unused private sewer service pipes
The owner of a property must ensure that the private sewer service pipe is blocked and
remains blocked in a manner acceptable to the designated employee where
the building to which the private sewer service pipe is connected
(i)
is demolished; or
(ii)
has no superstructure; or
required by the designated employee.
32
Requirements for abandoning private sewer service pipes
Once a building has been demolished, the owner must abandon all existing private
sewer service pipes connected to the building.
Subject to subsection (3), an owner must not install or permit to be installed any new
private sewer service pipes to a building unless all existing private sewer service pipes have
been abandoned in accordance with the Standard Construction Specifications.
Subsection (2) does not apply where additional private sewer service pipes are required
to service an extension to an existing building.
33
Requirements for reusing private sewer service pipes
An owner must not reuse a private sewer service pipe unless authorized by a designated
employee.
A designated employee must not issue an authorization under subsection (1) unless he
or she determines that, when reused, the private sewer service pipe will meet all criteria or
requirements established by the Director with respect to material, depth, size, location,
functionality and other relevant factors.
By-law No. 106/2018
Page 27 of 68
Despite section 9, where a private sewer service pipe is being reused after the building
from which wastewater or land drainage is discharged to the private sewer service pipe is
demolished, the owner must ensure that the entire length of the private sewer service pipe
complies with all criteria and requirements established by the Director with respect to material,
depth, size, location, functionality and other relevant factors.
PART 7
CONNECTION REQUIREMENTS
34
Responsibility for complying with this Part
34
Unless otherwise specified, the generator of wastewater or of land drainage and any
person doing work on a property that discharges wastewater or land drainage to the wastewater
system or the land drainage system are each responsible for meeting the requirements of this
Part.
35
All properties to be connected to common sewer main
Subject to subsection (2) and section 36, wastewater from a property must be
discharged through a private sewer service pipe to the common sewer main fronting on the
property.
If there is no common sewer main fronting on a property, wastewater must be
discharged
to an on-site wastewater management system in accordance with Provincial
statutes and regulations;
through a non-conforming private sewer service pipe to a wastewater sewer main
in accordance with section 36 as authorized by a designated employee; or
in accordance with a Temporary Overland Discharge Permit.
A meter must be installed in accordance with sections 100 or 101, as applicable, on any
property that discharges wastewater to the wastewater system.
36
Requirements for non-conforming private sewer service pipes
Unless authorized by a designated employee, a private sewer service pipe must not be
connected to
an interceptor sewer main; or
a wastewater sewer main that is not fronting on the property.
Subject to this section, a designated employee must not authorize a private sewer
service pipe to be connected to an interceptor sewer main or to a wastewater sewer main that is
not fronting on the property unless
there is no wastewater sewer main fronting on the property;
the installation of a wastewater sewer main fronting on the property is not
reasonable, as determined under subsection (5);
By-law No. 106/2018
Page 28 of 68
where the proposed non-conforming private sewer service pipe crosses another
property between the wastewater sewer main and the point of use, the owner
has submitted drawings of the proposed non-conforming private sewer service
pipe and its location that are signed and sealed by a professional engineer
registered to practice in the Province of Manitoba; and
the property owner
(i)
agrees to accept full responsibility for, and to indemnify the City against,
any damage, loss or expense as a result of the construction, existence or
abandonment of the non-conforming private sewer service pipe; and
(ii)
has provided to the designated employee a Certificate of Insurance that
the City's Chief Financial Officer has determined is sufficient to support
the indemnifications under subclause (i).
Where the designated employee authorizes a private sewer service pipe to be
connected to an interceptor sewer main or to a wastewater sewer main that is not fronting on
the property, the owner of the property must pay a frontage levy in accordance with the
Frontage Levy By-law No. 7958/2002.
Despite clause (2)(a), but subject to clauses (2)(b), (c) and (d), a designated employee is
authorized to allow a non-conforming private sewer service pipe to be connected to an
interceptor sewer main or a wastewater sewer main that is not fronting on a property even
where a wastewater sewer main fronting on the property exists if the designated employee
determines that
it is not technically feasible to connect the private sewer service pipe to the
wastewater sewer main that is fronting on the property; or
connecting the private sewer service pipe to the wastewater sewer main that is
fronting on the property would put City infrastructure at risk.
For the purposes of clause (2)(b), the installation of a wastewater sewer main that would
front on a property where a non-conforming private sewer service pipe is proposed is not
reasonable
where the designated employee determines that the installation of the
wastewater sewer main
(i)
would put City infrastructure at risk; or
(ii)
is not feasible based on the elevation or any other reason; or
where
(i)
the property that is proposed to be served by non-conforming private
sewer service pipe is immediately adjacent to a property that fronts on a
wastewater sewer main;
By-law No. 106/2018
Page 29 of 68
(ii)
the land under which the pipe is located is unlikely to ever be subdivided;
and
(iii)
the non-conforming private sewer service pipe will connect with the
wastewater sewer main at a point that fronts on the adjacent property.
Despite anything else in this section, the designated employee is authorized to refuse to
allow the installation of a non-conforming private sewer service pipe if he or she determines that
the proposed non-conforming private sewer service pipe poses or is likely to pose a threat to or
interfere with City infrastructure, the health or safety of persons or property or the environment.
37
Property to be connected to land drainage sewer or combined sewer
A property must discharge land drainage through a private sewer service pipe to a land
drainage sewer main or a combined sewer main unless
the property is a single-family or two-family property;
there is no land drainage sewer main or combined sewer main fronting on the
property; or
otherwise authorized by a designated employee.
The designated employee must not issue an authorization under clause (1)37(1)(c)
unless he or she determines that
the land drainage system is able to accommodate the discharge; and
the discharge will not pose a risk to the health or safety of persons or property, to
the environment or to City infrastructure.
38
Temporary overland discharge permit required
The owner or occupant of a property must not permit the overland discharge of
wastewater or land drainage from that property to the wastewater system or to the land
drainage system except in accordance with a valid temporary overland discharge permit.
Subsection (1) does not apply in respect of land drainage discharged from a single-
family or two-family property.
A designated employee must not issue a temporary overland discharge permit unless he
or she determines that
the wastewater system or the land drainage system, as applicable, is able to
accommodate the discharge; and
the discharge will not pose a risk to the health or safety of persons or property, to
the environment or to City infrastructure.
By-law No. 106/2018
Page 30 of 68
39
Requirement to abandon a non-conforming private sewer service pipe and connect to the
wastewater system
Where the designated employee gives notice to an owner of a property, the owner must,
within the time specified in the notice, abandon a non-conforming private sewer service pipe
and connect the property to the wastewater sewer main in accordance with this By-law.
The designated employee must provide the notice referred to in subsection (1) to the
owner of a property where
a common sewer main fronting on the property has been installed; or
the non-conforming private sewer service pipe
(i)
has failed;
(ii)
has a structural defect such that the private sewer service pipe is not
operable;
(iii)
is interfering or may interfere with the operation or maintenance of the
wastewater system or the land drainage system, or with activities or
development on adjacent properties; or
(iv)
poses or may pose a risk to the health or safety of persons or property, to
the environment or to City infrastructure.
A designated employee who issues an order under the Charter to an owner of property
who has failed to comply with subsection (1) must, in the order, specify a time for compliance of
no less than 18 months.
40
Connection charge
In this section:
"connection charge" means a fee equivalent to the local improvement taxes that would
have been imposed on the property if the property had fronted on a wastewater sewer
constructed as a local improvement for which notice had been given in the year in which
the property was connected to the wastewater sewer. If no wastewater sewer local
improvements take place in the year in which the property was connected to the
wastewater sewer, the connection charge is equivalent to the local improvement taxes
that would have been imposed on the basis of the maximum rate per frontage foot
established for wastewater sewers in that year.
Subject to subsections (3) and (4), if in respect of a property where neither local
improvement taxes nor a connection charge have ever been imposed, the owner of the property
must, at the time of connecting the property to the wastewater sewer, pay the connection
charge.
By-law No. 106/2018
Page 31 of 68
Where the owner of a property fails to pay the entirety of a connection charge imposed
under subsection (2) at the time that it is imposed, the connection charge must be added to the
property taxes payable in respect of the property pursuant to the Charter and collected in the
same manner as local improvement taxes. For greater certainty, the interest rate applicable to
local improvement taxes for wastewater sewers imposed in that year and term (that is, the
number of years of payments) for local improvement taxes for wastewater sewers imposed in
that year, or in the last year in which local improvement taxes were imposed for wastewater
sewers where no local improvement taxes have been imposed for wastewater sewers in that
year, applies to the payment of the connection charges.
Despite subsection (2), no connection charge is payable in respect of a property when
a wastewater sewer main has been installed adjacent to a property as a
condition of a subdivision or other agreement; and
the said agreement includes the property.
41
Repair and replacement of pipe under street
Despite section 9 and subject to subsections 41(4) and 41(5), the Director must arrange
and pay for repairing or replacing the part of a private sewer service pipe carrying only
wastewater if the property owner can demonstrate to the satisfaction of the designated
employee that a blockage in the private sewer service pipe is located under a street and
amended 32/2020
(a)
cannot be cleared satisfactorily by auguring from within the property; or
(b)
is due to a structural failure in the private sewer service pipe.
For the purposes of determining whether subsection (1) is applicable, the designated
employee is authorized to require that the owner of a property provide to the designated
employee
evidence that at least two different sewer cleaning contractors have been
unsuccessful in clearing the blockage by auguring from within the property;
evidence that at least four sewer cleanings, two of which occurred within the
previous nine months, have been required to clear a blockage under a street that
has been caused by a structural failure in that part of a private sewer service
pipe;
a video inspection demonstrating that a part of a private sewer service pipe has
collapsed or is otherwise blocked so that it is not functioning and an excavation is
required; and
an electronic tracing of the private sewer service pipe which confirms the location
of the private sewer service pipe and the blockage.
In making a determination under subsection (1), a designated employee is authorized to
require a City employee to be present for any attempt to clear any blockage in, or during a video
inspection of, a part of a private sewer service pipe.
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The obligation of the Director to act under subsection (1) does not apply
in respect of
(i)
cleaning or other maintenance required for a private sewer
service pipe;
(ii)
a non-conforming private sewer service pipe;
(iii)
any part of a private sewer service pipe that has been installed or
replaced within the previous 12 months;
(iv)
private sewer service pipes that are or have been frozen; or
(v)
damage to a private sewer service pipe caused by a third party; or
where the owner has failed to provide any information required by the designated
employee under subsection (2).
41(5) The obligation of the Director to act under subsection (1) only applies to
added 32/2020
(a)
single family dwellings that are owner-occupied; and
(b)
two family dwellings where at least one dwelling unit is owner occupied.
42
Interconnection of wastewater and land drainage private sewer service pipes prohibited
42
The owner of property and any person doing work on the owner's property must not
allow a private sewer service pipe carrying wastewater to be connected with a private sewer
service pipe carrying land drainage.
PART 8
DISCHARGES OF WASTEWATER
43
Responsibility for complying with this Part
43
The generator of wastewater is responsible for ensuring that wastewater being
discharged meets the requirements of this Part.
44
Wastewater must be discharged to wastewater system
44
Unless otherwise authorized under this By-law, wastewater must be discharged to the
wastewater system.
45
Wastewater discharges to wastewater system restrictions
A generator must not discharge or permit the discharge of wastewater into the
wastewater system if the discharge is likely to
pose a risk of harm to the health or safety of persons or property, to the
environment or to City infrastructure;
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interfere with the operation or maintenance of the wastewater system;
damage the wastewater system;
restrict the flow in the wastewater system;
cause an unusual or offensive odour to be given off from the wastewater system;
or
prevent the City from meeting any limits imposed by the Province of Manitoba or
Government of Canada for disposal of liquid to waterways or of biosolids to land.
Except in accordance with this By-law, a generator must not discharge or permit the
discharge of wastewater into the wastewater system if it contains
any of the substances set out in Schedule "A"; or
substances with concentrations that exceed the limits set out in Schedule "B".
46
Wastewater Discharge Licence required
A generator must not discharge or permit the discharge of wastewater into the land
drainage system except in accordance with a valid Wastewater Discharge Licence issued in
accordance with Part 4.
A generator must not discharge or permit the discharge of wastewater into the land
drainage system if it contains:
any of the substances set out in Schedule "C"; or
substances with concentrations that exceed the limits set out in Schedule "D",
except in accordance with a valid Wastewater Discharge Licence issued in accordance with
Part 4.
47
Overstrength Discharge Licence required
A generator must not discharge or permit the discharge of wastewater into the
wastewater system if it contains:
any of the substances set out in Schedule "A"; or
substances with concentrations that exceed the limits set out in Schedule "B",
except in accordance with a valid Overstrength Discharge Licence issued in accordance with
Part 4.
In addition to any conditions imposed under subsection 20(3), the designated employee
is authorized to impose as a condition of an Overstrength Discharge Licence the requirement
that the licence holder manage the wastewater in a manner specified by the designated
employee to ensure that the discharge permitted by the Overstrength Discharge Licence meets
the requirements of this By-law.
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48
Discharge rate limits
In order to prevent the wastewater system or the land drainage system from being
overloaded, a designated employee is authorized to require the generator of wastewater to limit
the rate of discharge of wastewater to the wastewater system or to the land drainage system.
Where the designated employee has imposed such a limit, the generator of wastewater must
comply with that limit.
Subsection (1) does not apply to a discharge from a single-family or two-family property,
except for the discharge of swimming pool water.
If a designated employee imposes a limit under subsection (1), the generator must install
and maintain a discharge control device acceptable to the designated employee.
49
Surcharges for select overstrength wastewater substances
A generator of wastewater must pay any applicable surcharges on substances with
concentrations that exceed the limits set out in Schedule "B", based on a sampling protocol
designed to represent discharges over a full day of operation of the generator.
For the purposes of subsection (1), a full day of operation means all or part of a 24-hour
period, beginning at the start of production and ending at the completion of cleanup, during
which a continuous or intermittent discharge to the wastewater system can occur.
50
Swimming pool water discharge restrictions
50
A person must not discharge swimming pool water
into the land drainage system;
onto a street;
onto neighbouring property;
into a waterway or onto the banks of a waterway; or
above ground into a wastewater sewer main,
except in accordance with a valid Wastewater Discharge Licence issued in accordance with
Part 4.
51
Grease interceptors required
The owner and the operator of a food service establishment must ensure that every
kitchen sink waste pipe and dishwasher waste pipe in the food service establishment is
connected to a grease interceptor that
is installed so as to prevent natural oil and grease from being discharged to the
wastewater system;
complies with this Part; and
is acceptable to a designated employee.
Subsection (1) does not apply to any kitchen sink located in kitchen food service
establishment that is used for hand washing only.
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Upon application by the owner or the operator of a food service establishment, a
designated employee is authorized to grant an exemption to the requirements of subsection (1),
in writing, if the designated employee determines that the food service establishment does not
discharge significant amounts of natural oil and grease to the wastewater system.
Unless an exemption has been granted under subsection (3), the operator and owner of
a food service establishment must ensure that the grease interceptor required by subsection (1)
is
accessible for maintenance and cleaning;
sized so as to be able to accommodate the maximum flow capacity of all
plumbing fixtures connected to the grease interceptor as identified in the
manufacturer's specifications;
installed in compliance with all requirements and specifications of:
(i)
the Canadian Standards Association Standard B481 or successor
standard; and
(ii)
the manufacturer;
maintained so as to be effective in preventing natural oil and grease from being
discharged to the wastewater system;
equipped with a designated sampling point downstream of the interceptor outlet
but prior to any additional wastewater connections; and
acceptable to the designated employee.
Unless an exemption has been granted under subsection (3), the owner and the
operator of a food service establishment must ensure that any dishwasher located within the
food service establishment are connected to a dedicated grease interceptor that is
of an appropriate size; and
meets tempering requirements
as required by manufacturer specifications and to the satisfaction of the designated employee.
The owner and the operator of a food service establishment must not add enzymes,
bacteria, solvents, hot water or other agents or substances to wastewater that is discharged to a
grease interceptor for the purposes of facilitating the passage of natural oil and grease through
the grease interceptor.
52
Oil interceptors required
The owner and the occupant of a property that discharges or is likely to discharge
mineral or synthetic oil or grease to the wastewater system must ensure that an oil interceptor is
installed on the property
so as to prevent mineral or synthetic oil or grease from being discharged to the
wastewater system;
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that complies with this Part; and
that is acceptable to the designated employee.
Unless a designated employee has authorized a design or program solution as an
alternative to an oil interceptor required under subsection (1), the operator and owner of a
property must ensure that the oil interceptor required by subsection (1) is
installed at the point where the wastewater enters the private sewer service pipe;
connected to all floor drains within the property; and
maintained so as to be effective in preventing mineral or synthetic oil or grease
from being discharged to the wastewater system.
A designated employee must not authorize a design or program solution as an
alternative to an oil interceptor required under subsection (1) unless he or she determines that
the design or program solution will be effective in preventing mineral or synthetic oil or grease
from being discharged to the wastewater system.
A designated employee is authorized to impose any conditions on the authorization of a
design or program solution under subsection (3) that he or she determines to be appropriate or
necessary to ensure that the design or program solution will be effective in preventing mineral or
synthetic oil or grease from being discharged to the wastewater system.
53
Sediment interceptors required
The owner and the operator of a property must ensure that a sediment interceptor that
complies with this Part and that is acceptable to the designated employee is installed at a
mechanical service garage or a vehicle wash floor that discharges to a private sewer service
pipe.
The owner and the operator of a property must ensure the sediment interceptor required
by subsection (1)
is large enough to retain sand or grit during any 24-hour period at peak flow; and
has a volume of at least 0.6 cubic metres, measured below the invert of the
overflow.
54
Oil, grease or sediment interceptor design specifications
54
The owner and the operator of a property must ensure that an oil, grease or sediment
interceptor required by this Part is
solid, watertight, and secured in place;
readily accessible for cleaning;
large enough to capture, under peak flow conditions, the material it is designed to
intercept;
capable of withstanding abrupt and extreme changes in temperature;
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equipped with easily removable covers which, when bolted in place, are airtight
and watertight; and
able to support occupancy floor load if installed under a floor.
55
Oil, grease and sediment interceptor maintenance requirements
The owner and the operator of a property must ensure that an oil, grease or sediment
interceptor required under this Part is
operated and maintained according to all applicable standards and
manufacturer's instructions; and
cleaned regularly so that it functions properly.
The owner and the operator of a property must ensure that all maintenance activities for
an oil, grease or sediment interceptor required under this Part are recorded and that the records
are
retained for 12 months following the date of maintenance; and
made available for inspection by a designated employee upon request.
56
Dental waste amalgam separator required
56
Subject to this section, the owner of a dental practice must ensure that an amalgam
separator is installed, operated and properly maintained on all fixtures that receive dental
amalgam containing mercury in compliance with the requirements of the Manitoba Dental
Association.
57
Food waste grinder discharge restrictions
In this section, "food waste grinder" means a device installed in a kitchen sink that is
designed to grind food waste to particle sizes for discharge into the wastewater system.
Wastewater must not be discharged from a food waste grinder into the wastewater
system, unless the grinder
(a)
meets the requirements of the current version of the standard performance
requirements for plumbing aspects of food waste disposer units, issued by the
American Society of Sanitary Engineers (ASSE); and
(b)
is operated by a motor or motors having a combined rating equal to or less than
0.80 kilowatts.
PART 9
DISCHARGE OF LAND DRAINAGE
58
Responsibility for complying with this Part
58
The generator of land drainage is responsible for ensuring that the land drainage being
discharged meets the requirements of this Part.
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59
Land drainage must be discharged to land drainage system
59
A generator must ensure that land drainage is discharged to the land drainage system
by way of
a land drainage sewer main; or
where no land drainage sewer main is available, a combined sewer main.
60
Land drainage discharges to land drainage system restricted
Despite section 59, person must not discharge or allow the discharge of land drainage
into the land drainage system, if to do so is likely to
pose a risk of harm to the health or safety of persons or property, to the
environment or to City infrastructure;
interfere with the operation or maintenance of the land drainage system;
damage the land drainage system;
restrict the flow in the land drainage system;
cause an unusual or offensive odour to be given off from the land drainage
system; or
prevent the City from meeting limits imposed by the Province of Manitoba or
Government of Canada for disposal of liquid to waterways or of biosolids to land.
Despite anything else in this By-law, a generator must not discharge or permit the
discharge of land drainage into the land drainage system if it contains
any of the substances set out in Schedule "C"; or
substances with concentrations that exceed the limits set out in Schedule "D".
61
Land Drainage Discharge Licence required
A generator must not discharge or permit the discharge of land drainage into any
wastewater sewer main or interceptor sewer main except in accordance with a valid Land
Drainage Discharge Licence issued in accordance with Part 4 of this By-law.
Subsection (1) does not apply to land drainage being discharged from a single-family or
two-family property.
62
Downspout Discharge Licence required
The owner or the occupant of a property must not permit rainwater downspouts to
discharge to a wastewater sewer main except in accordance with a valid Downspout Discharge
Licence issued in accordance with Part 4 and this section.
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In addition to the restrictions under section 23, the designated employee must not issue
a Downspout Discharge Licence unless
the property is connected to a combined sewer main; and
the downspout water discharged on the property would otherwise
(i)
flow onto adjacent property or onto the street; or
(ii)
pose a risk of harm to the health or safety of persons or property, to the
environment or to City infrastructure.
63
Sump Pump Discharge Licence required
The owner or occupant of a property must not permit water from a sump pump to be
discharged to a wastewater sewer main except in accordance with a valid Sump Pump
Discharge Licence issued in accordance with Part 4 and this section.
In addition to the restrictions under section 23, a designated employee must not issue a
Sump Pump Discharge Licence unless the sump pump water discharged on the property would
otherwise
flow onto adjacent property or onto the street; or
pose a risk of harm to the health or safety of persons or property, to the
environment or to City infrastructure.
64
Discharge rate limits
In order to prevent the land drainage system or the wastewater system from being
overloaded, a designated employee is authorized to require the generator of land drainage to
limit the rate of discharge of land drainage to the land drainage system or the wastewater
system and, where the designated employee has imposed such a limit, the generator of land
drainage must comply with that limit.
Subsection (1) does not apply to a single-family or two-family property on a lot with an
area of less than 1,000 square metres.
If a designated employee imposes a limit under subsection (1), the owner must install
and maintain a discharge control device acceptable to the designated employee.
65
Catch basin maintenance required
65
All catch basins and discharge control devices in respect of land drainage installed or
constructed on private property must be maintained in good working order.
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PART 10
SPILLS
66
Obligation to notify the City
The person who is responsible for a spill to the wastewater system or the land drainage
system, or who has custody and control of the substances involved in the spill, must
immediately notify a designated employee, and must provide all information about the spill,
including
the date and time of the spill;
the content and quantity of the spill;
the location of the spill;
the cause and nature of the spill;
the action completed and any work still in progress to mitigate the spill; and
the name and contact information of the person reporting the spill.
If a spill poses or may pose an immediate risk to the health or safety of persons or
property, to the environment or to City infrastructure, the person responsible for the spill or who
has custody and control of the substances involved in the spill must call 911 to report the spill.
67
Containing and cleaning up the spill
67
The person who is responsible for a spill, or who has custody and control of the
substances involved in a spill, must take all reasonable measures to
contain the spill;
reduce the risk of harm to human health and safety, property, and the
environment;
clean up the spill and contaminated residue and dispose of spill material
appropriately; and
restore the affected area to its condition before the spill.
68
Preparing and submitting a written report
68
The person who is responsible for a spill, or who has custody and control of the
substances involved in a spill, must submit a written report to the designated employee within
five business days of the spill, containing information required by the designated employee in
order to determine
information required by subsection 66(1); and
actions necessary to reduce the effect of the spill and to prevent future spills.
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69
Spills deemed to be emergencies
Where the Director determines that a spill constitutes an emergency that affects or may
affect the health or safety of persons or property or the environment, a designated employee is
authorized to take whatever actions and measures the designated employee determines to be
necessary to meet the emergency and reduce or eliminate its effects.
Any costs or expenses incurred by the City under subsection (1) are a debt due and
owing to the City by the person who caused the spill.
PART 11
HAULED WASTEWATER
70
No discharge except at designated sites
70
A person must not discharge hauled wastewater except at hauled wastewater disposal
sites.
71
Use of public hauled wastewater disposal stations
71
A person who discharges hauled wastewater to a hauled wastewater disposal site must
comply with all rules and requirements for the discharge of hauled wastewater to a hauled
wastewater disposal site established by the Director.
72
Wastewater Hauler's Licence required
The owner of a vehicle must not discharge or permit to be discharged hauled
wastewater at a hauled wastewater disposal site unless he or she holds a valid Wastewater
Hauler's Licence issued in accordance with Part 4.
In addition to the reasons for suspending or cancelling a licence set out in Part 4, the
designated employee is authorized to suspend or cancel a Wastewater Hauler's Licence where
the designated employee determines that the licence holder has contravened section 75 or
section 77.
73
Wastewater Disposal Vehicle Licence required
Subject to this section, a person must hold a valid Wastewater Disposal Vehicle Licence
issued in accordance with Part 4 for each vehicle owned by that person that is used to
discharge hauled wastewater at a hauled wastewater disposal site.
A designated employee must not issue a Wastewater Disposal Vehicle Licence unless
the designated employee has determined that
the owner of the vehicle holds a valid Wastewater Hauler's Licence; and
the vehicle being licensed has a tank that will not leak and is otherwise suitable
for hauling wastewater.
A person hauling wastewater within the city must present a valid Wastewater Disposal
Vehicle Licence for the vehicle to a designated employee upon request.
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In addition to the reasons for suspending or cancelling a licence set out in Part 4, a
designated employee is authorized to suspend or cancel a Wastewater Disposal Vehicle
Licence if the designated employee determines that the vehicle in respect of which the
Wastewater Disposal Vehicle Licence is not or is no longer suitable for hauling wastewater.
A Wastewater Disposal Vehicle Licence is automatically suspended or cancelled when
the owner's Wastewater Hauler's Licence is suspended or cancelled.
74
Recreational vehicles exempt
74
Sections 72 and 73 do not apply to the owner or the operator of a recreational vehicle
that discharges wastewater directly from the recreational vehicle to a hauled wastewater
disposal site.
75
Responsibilities of wastewater haulers
Before discharging hauled wastewater at a hauled wastewater disposal site, the person
hauling the wastewater must provide to the designated employee the following information
concerning each generator of the wastewater he or she is hauling
the type of property or facility;
the address of the property or facility;
the owner or contact person of the property or facility;
the type of hauled wastewater; and
the volume of hauled wastewater.
A person hauling wastewater must
ensure that hauled wastewater is not deposited on the ground at the hauled
wastewater disposal site;
pay a volumetric disposal fee within 30 days of being billed by the designated
employee;
provide the following information to the designated employee before discharging
each load of hauled wastewater:
(i)
the name of the hauler and the person hauling the wastewater;
(ii)
the information required under subsection (1); and
(iii)
the contents of the load;
comply with any and all rules established by a designated employee for the
operation of the hauled wastewater disposal site;
ensure that sand, gravel or other material that has been identified by the
designated employee as likely to obstruct the wastewater system is not
deposited at the discharge point;
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ensure that the wastewater being discharged does not contain:
(i)
any of the substances set out in Schedule "A"; or
(ii)
substances with concentrations that exceed the limits set out in Schedule
"B", except as authorized by the designated employee; and
comply with all other conditions placed on the Wastewater Hauler's Licence.
76
Responsibility of generators of hauled wastewater
76
The generator of hauled wastewater must not permit the hauled wastewater to be
collected by a wastewater hauler if it contains
any of the substances set out in Schedule "A"; or
substances with concentrations that exceed the limits set out in Schedule "B",
except in accordance with an Overstrength Discharge Licence issued in accordance with Part 4.
77
Damage to hauled wastewater disposal site
77
The owner of a vehicle that is used to haul wastewater, and the person driving that
vehicle, must not cause or permit to be caused any damage or blockages to or within a hauled
wastewater disposal site.
PART 12
POLLUTION PREVENTION PLANNING
78
Definitions
78
In this Part:
"Best Management Practices Guidelines" or "BMP Guideline" means a business
sector-based plan to control, eliminate or reduce the discharge of pollutants to the
wastewater system or the land drainage system;
"owner", in respect of a business, includes
(a)
the operator of that business;
(b)
any agent of the owner; and
(c)
any agent of the operator;
"Pollution Prevention Plan" or "Plan" means a plan in respect of a particular business
to prevent, eliminate or reduce the discharge of pollutants to the wastewater system or
the land drainage system;
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"pollutant" means
(a)
a substance listed in Schedules "A" or "C"; or
(b)
a substance in a concentration which exceeds the limits prescribed in
Schedules "B" or "D";
"progress update" means an update provided by the owner a business to the
designated employee in respect of the progress in implementing a Plan or the applicable
BMP Guideline; and
"reject", in respect of a Plan or a progress update, means that the Plan or progress
update, as the case may be, is not approved..
79
Scope of this Part
This Part applies to businesses within the business sectors listed in Schedule "E".
The designated employee must
at least one year prior to the effective date established in Schedule "E" for this
Part to apply to a business sector, post on the City's web site a notice
announcing the effective date; and
make any other reasonable efforts determined by the designated employee to be
necessary or advisable to communicate the effective date and the requirements
of this Part to the owners of businesses within a particular business sector.
80
Pollution Prevention Plan required
Where the designated employee determines that a business is discharging or is likely to
discharge pollutants to the wastewater system or to the land drainage system, he or she must
provide notice to the owner of the business that a Plan is required.
Where the designated employee has given notice that a Plan in respect of a business is
required under subsection (1), the owner of the business must submit the Plan to the
designated employee within the timeframe set out in the notice.
Subsection (1) does not apply in respect of pollutants being discharged to the
wastewater system in accordance with a valid Overstrength Discharge Licence issued in
accordance with Part 4.
For the purposes of making a determination under subsection (1), the designated
employee is authorized to require the owner of a business, in accordance with requirements
established by the designated employee, to collect and provide to the designated employee
data respecting discharges from the business to the wastewater system or the land drainage
system, or both.
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Where the owner of a business receives or is deemed to have received notice under
subsection (1), the owner must
obtain the designated employee's approval of a Plan; and
once approved, comply with the Plan.
81
Change of business ownership
If the ownership of a business changes within the timeframe set out in a notice given in
accordance with subsection 80(1), the original owner of the business must provide notice of the
change in writing to the designated employee.
Where the designated employee determines that ownership of a business has changed,
or where he or she has been provided notice under subsection (1),
the designated employee is authorized to provide notice to the new owner of the
business that a Plan is required; and
the new owner of the business must submit a Plan within the timeframe set out in
that notice.
Where the designated employee has given notice under clause (2)(a), the obligation
imposed under subsection 80(5) applies to the new owner.
82
Form and content of Plan
The designated employee is authorized to determine the form in which a Plan must be
submitted.
A Plan must include
a description of the pollutants which will or may be discharged to the wastewater
system or the land drainage system, including the type, quantity and
concentration of those pollutants;
a description of the source of the pollutants;
a description of the measures to be undertaken by the business to eliminate or
reduce the discharge of the pollutants to the wastewater system or the land
drainage system;
an implementation schedule for each measure identified;
the implementation date for each measure identified;
a description of current waste reduction, recycling, wastewater treatment, and
pollution prevention activities with respect to wastewater or land drainage
discharges at the premises;
current business ownership and contact information;
any other information required by the designated employee; and
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a declaration from an appropriate representative of the business that the content
of the Plan is true, accurate and complete.
Despite subsection (2), where the designated employee has approved BMP Guidelines
for a particular business sector, the designated employee is authorized to approve a Plan
submitted by the owner of a business within that business sector that consists of a written
undertaking by the owner of the business to follow the approved BMP Guideline(s).
83
Rejected Plans
The designated employee must reject a Plan if the designated employee determines that
the Plan
would not or is not likely to prevent, eliminate or reduce the discharge of
pollutants in a manner that would bring the business into compliance with
Schedules "A", "B", "C", and "D" within a reasonable period of time;
fails to contain enough information to determine if it would control or reduce the
discharge of pollutants;
is not in the form determined by the designated employee under subsection
82(1); or
is missing one or more of the requirements under subsection 82(2).
In addition to subsection (1), the designated employee is authorized to reject a Plan
where he or she determines that the Plan does not otherwise meet the requirements of this
Part.
Where the designated employee rejects a Plan, the designated employee must provide
notice to the owner of the business in respect of which the Plan was submitted.
84
Submitting subsequent Plans
Where the designated employee has approved a Plan in respect of a business, the
owner of that business must submit a new Plan every 5 years following the date on which the
original Plan was approved by the designated employee.
Despite subsection (1), the owner of a business may submit new Plans more frequently.
Sections 82 and 83 apply in respect of any Plans submitted by the owner of a business
under this section.
The obligation imposed under subsection 80(5) applies in respect of a Plan required
under this section.
85
Notice of change in information required
85
Where there is a change in any information contained in a Plan, the owner of the
business in respect of which the Plan was submitted must notify the designated employee of
that change within 30 days following the effective date of the change.
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86
Spills and other contraventions
The designated employee is authorized to require that a Plan be submitted in respect of
a business where the designated employee determines that the owner or the occupant of the
business
caused or permitted a spill to the wastewater system or the land drainage
system; or
is otherwise in contravention of any provision of this By-law.
Where the designated employee provides notice to the owner of a business that a Plan
is required under subsection (1), the owner must provide a Plan within the timeframe set out in
the notice.
The obligation to submit a Plan under this section is imposed on the owner of a business
irrespective of whether a Plan was submitted previously in respect of that business.
Sections 82 and 83 apply in respect of any Plan submitted under this section.
The obligation imposed under subsection 80(5) applies in respect of a Plan required
under this section.
87
Progress updates required
87
Every 6 months following the date on which a Plan is approved by the designated
employee, the owner of the business in respect of which the Plan was approved must obtain the
designated employee's approval of a progress update.
88
Form of progress updates
88
The designated employee is authorized to determine the form in which a progress
update must be submitted.
89
Rejected progress updates
The designated employee must reject a progress update if he or she determines that the
progress update
is not in a form determined by the designated employee under section 88; or
does not contain adequate information so as to permit the designated employee
to evaluate the progress of the business towards implementation of the Plan.
90
Business must achieve progress
The owner of a business must ensure that any approved Plan in respect of that business
is implemented to the satisfaction of the designated employee.
Where the designated employee determines that the owner of a business has not made
adequate progress in implementing an approved Plan in respect of that business, the
designated employee is authorized to require the owner of the business to obtain approval of a
new Plan.
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Where the owner of a business receives or is deemed to have received notice that a
new plan is required under subsection (2), the owner of the business must submit the new Plan
within the timeframe provided in the notice.
Sections 82 and 83 apply in respect of any Plan submitted under this section.
The obligation imposed under subsection 80(5) applies in respect of a Plan required
under this section.
91
Storage of Plans and progress updates
91
The owner of a business must
keep copies of any approved Plan in respect of that business, and any approved
progress updates in respect of that Plan, on the premises of that business; and
make any such Plan and progress updates available for inspection by a
designated employee upon request.
92
Termination of obligation to engage in pollution prevention planning
92
Where the designated employee determines that a business is complying with
Schedules "A", "B", "C" and "D" and is likely to continue to do so in the future, the designated
employee is authorized to notify the owner that, unless and until the designated employee
determines that the business has again discharged or is again likely to discharge substances in
contravention of Schedules "A", "B", "C" and "D", the business no longer has an obligation to
comply with the requirements of this Part.
93
Consequences of violating this Part
93
If a person is in violation of this Part, in addition to any other enforcement measures, the
designated employee is authorized to cancel any Overstrength Discharge Licence issued to the
business.
PART 13
SEWER CHARGES
94
Sewer charge imposed
A price, rate, fee, penalty, deposit or other charge related to the provision of wastewater
services or land drainage services is imposed on the owner or occupant of any property from
which any wastewater or land drainage is discharged to the wastewater system or the land
drainage system.
Despite the fact that a price, rate, fee, penalty, deposit or other charge related to the
provision of wastewater services or land drainage services is owed by a person other than the
owner of a property, if the statement of account in respect of an amount is overdue by more
than 30 days, the designated employee is authorized to add the overdue amount to the real
property taxes imposed by the City on the real property from which wastewater or land drainage
was discharged to the wastewater system or to the land drainage system in accordance with the
Charter.
By-law No. 106/2018
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95
Sewer charges for condominiums
A price, rate, fee, penalty, deposit or other charge related to the provision of wastewater
services or land drainage services in respect of a dwelling unit within a condominium is payable
by the owner of the dwelling unit from which the wastewater or land drainage was discharged.
If separate water meters have not been installed to measure the water supplied to
individual dwelling units within the condominium, any price, rate, fee, penalty, deposit or other
charge related to the provision of wastewater or land drainage services in respect of the
condominium is payable by the owners of the individual dwelling units on the basis of the
percentage of the common element costs assigned to each dwelling unit under the
Condominium Declaration in effect for the condominium.
Despite subsection (2), in order to collect the amount payable by the owners of individual
dwelling units within the condominium, the Director is authorized to issue a bill for any charges
to the condominium corporation responsible for the control, management and administration of
the common elements of the condominium.
Despite a bill being issued to a condominium corporation under subsection (3), if the
condominium corporation fails to pay the bill, the Director is authorized to collect the amount
owing from the owners of individual dwelling units within the condominium in accordance with
subsection (2).
96
Calculation of sewer charge
Subject to this Part, the amount of the sewer charge owing is the sewer rate multiplied
by the volume of water supplied to the property from all sources during a particular billing
period.
Where water is supplied to a property by a source other than the City, the sewer charge
is the sewer rate multiplied by the amount of water supplied to the property.
Where the amount of wastewater discharged to the wastewater system or the land
drainage system is greater than the volume of water supplied to the property from all sources,
the sewer charge owing is the sewer rate multiplied by the amount of wastewater being
discharged from the property to the wastewater system.
For the purposes of this Part, the amount of wastewater being discharged to the
wastewater system or the land drainage system is
where a private meter has been installed pursuant to section 101, the amount of
wastewater measured by the private meter; or
deemed to be the amount of water supplied to the property as measured by a
water meter installed by the City pursuant to section 100.
If an accurate measurement of the water supplied to or the wastewater discharged from
a property cannot be obtained for any reason, the sewer charge owing is the sewer rate
multiplied by an estimate made by the designated employee of the volume of water supplied to
or the volume of wastewater discharged from the property during a particular billing period.
By-law No. 106/2018
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97
Adjustment of sewer charges
In this section
"applied volume" means the volume of water supplied to a particular property that is
not discharged into the wastewater system, the land drainage system or a waterway,
calculated on the basis of data provided by meters.
Despite anything else in this section, a property owner must pay sewer charges each
year on the first 1,000 kilolitres of applied volume used in that year at the property.
Subject to subsection (6), where the applied volume used at a property exceeds 1,000
kilolitres in a year, the Director may annually adjust the sewer charges by applying a credit
against the owner or occupant's account in respect of the property for the portion of the applied
volume in excess of 1,000 kilolitres where
the owner or occupant of the property
(i)
submits an application to the Director;
(ii)
pays an application fee, the annual renewal fee and all other applicable
fees and charges;
(iii)
installs and maintains at the property any meters, including any
necessary plumbing modifications, in accordance with this By-law and as
required by the designated employee in order to determine the applied
volume; and
(iv)
is not otherwise in contravention of this By-law or the Water By-law; and
the property is connected to the wastewater system.
For the purposes of subsection (3), an owner or the occupant of a property is deemed to
not be in contravention of this By-law if he or she is in violation of Schedules "A", "B", "C" or "D"
of this By-law but is otherwise in compliance with all requirements under Part 12.
If the Director adjusts the sewer charges under subsection (3), the Director must apply
the application fee and the annual renewal fee to the credit of the owner or the occupant's
account at the time the sewer charges are adjusted.
The Director must not adjust the sewer charges under subsection (3) if
the owner or the occupant fails to pay the annual renewal fee on or prior to the
date set by the Director;
the applied volume supplied to the property falls below 1,000 kilolitres in any
year;
a process that diverts water from the wastewater system has failed or is no
longer consistent with the information provided in the application;
the owner or the occupant of the property is in contravention of this By-law or the
Water By-law; or
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any fees or charges required to be paid under this By-law or the Water By-law
are in arrears.
The Director is authorized to reject an application to adjust the sewer charges and to
apply the annual renewal fee or application fee to the owner or the occupant's account if
the designated employee determines that a privately owned meter is not
accurately measuring for four or more consecutive months the amount of water
or wastewater supplied to a meter; or
the owner or the occupant benefitting from an adjustment fails to inform a
designated employee, within ten business days, of any changes to the
information submitted in the application.
Where the Director rejects an application to adjust sewer charges under subsection (7)
the owner or the occupant must pay sewer charges from the date the meter was
found to be inaccurate or the obligation to inform was violated; and
the Director may reinstitute the adjustment after being satisfied that the owner or
the occupant's private meter is accurately measuring the amount of water
supplied to or the amount of wastewater discharged from the property.
98
Large volume sewer credit program
Subject to this section, the Director may apply an annual credit in a percentage set out in
subsection 98(1.1) of the total sewer charges and overstength wastewater surcharges which
exceed the amount established by Council or pursuant to powers delegated by Council for that
year on one or more properties owned or occupied by a business that has:
amended 32/2020
earned at least 25% of its gross sales revenue in that calendar year from sales to
locations outside the city; and
has been charged the amount established by Council or pursuant to powers
delegated by Council for that year in sewer charges and overstrength wastewater
surcharges in that year on all its properties.
98(1.1) The following sewer credit percentage amounts are applicable to the calculation of the
annual credit established in subsection (1):
From January 1, 2020 to December 31, 2020:
30%
From January 1, 2021 to December 31, 2021:
20%
From January 1, 2022 to December 31, 2022:
10%
From January 1, 2023:
0%
added 32/2020
By-law No. 106/2018
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The Director may approve a credit under subsection (1) only if the owner or the occupant
of the property
applies for the credit each year in the 12 months after the calendar year for which
the discount is being requested;
conducts a business limited to the manufacture, fabrication, assembly or
processing of goods and materials at premises within the city;
provides an attest opinion from an independent accounting professional
authorized to provide such opinions in the Province of Manitoba which satisfies
the Director that at least 25% of its gross sales revenue in the previous calendar
year resulted from sales to locations outside the city;
is not in violation of this By-law or the Water Works By-law; and
the fees and charges required to be paid under this By-law and the Water Works
By-law are not in arrears.
For the purposes of subsection (2), an owner or occupant of a property is deemed to not
be in contravention of this By-law if he or she is in violation of Schedules "A", "B", "C" or "D" of
this By-law but is otherwise in compliance with all requirements under Part 12.
99
Property previously served by on-site wastewater management system
99
Where a property is served by an on-site wastewater management system, the owner
must ensure that a water meter or a wastewater meter is installed and is approved, inspected
and sealed by a designated employee before the property may be connected to the wastewater
system.
100
City meters
Unless a designated employee authorizes a private meter under section 101, the owner
of a property must allow a City-owned water meter to be installed on the property in accordance
with the Water By-law in order to determine the volume of wastewater discharged to the
wastewater system.
The designated employee must test a City-owned water meter to determine its accuracy
where the owner or the occupant of a property
requests that the water meter be tested; and
pays the applicable fee.
If a test under subsection (2) shows that the water meter is inaccurate such that it was
over-registering according to the current specifications of the American Water Works
Association, the designated employee must refund the test fee to the person by whom it was
paid.
By-law No. 106/2018
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101
Private meters
A designated employee is authorized to permit or require a private meter to be installed
on a property where the designated employee determines that
water is supplied to the property by a source other than the City;
the property's water meter requirements exceed the capabilities or specifications
of a standard City-owned water meter;
the private meter is required as part of an adjustment of sewer charges
application under section 97; or
it is not practical or possible to meter the water source.
Where a private meter is installed:
the private meter must be of a type determined by a designated employee to be
appropriate for its proposed use;
the owner must supply, install and maintain the private meter in proper working
order; and
if required by the designated employee, the owner must provide certification
satisfactory to a designated employee that the private meter is accurate.
PART 14
ADMINISTRATION, ENFORCEMENT AND OTHER PROVISIONS
102
Compliance orders
Without restricting the general nature of the powers given in Part 2, a designated
employee is authorized to issue an order to remedy any violation of this By-law in accordance
with the Charter.
An order issued by a designated employee under the Charter may be registered by way
of caveat against the property involved in the contravention in the land titles office in accordance
with the Charter.
103
Notice
Unless otherwise provided in this By-law, any notice, order, decision or other document
required to be given or sent under this By-law may be sent by registered mail to an address
determined in accordance with the following
where the person is the owner of real property
(i)
the address maintained by the tax collector for the purpose of issuing the
tax notice for that property; or
(i)
the address maintained by the Director for the purpose of issuing
bills for wastewater or land drainage services for that property;
By-law No. 106/2018
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where the person is the occupant of real property, the street address for that
property;
where the person is an applicant for a permit, licence or approval, the address
provided to the designated employee by the applicant for the permit, licence or
authorization; or
in all other situations, the last known address for the person.
Despite subsection (1), where a person to whom notice is required to be given has
provided his or her email address to the designated employee, any notice, order, decision or
other document required to be given or sent under this By-law may be sent to that person at the
email address provided.
Where a notice, order, decision or other document is sent by way of email under
subsection (2), the designated employee must request and retain a copy of a delivery receipt.
Where a delivery receipt is not obtained, the notice, order, decision or other document must be
sent in accordance with subsection (1).
104
Penalties for contravening By-law
Subject to subsection (2), a person who is contravenes a provision of this By-law is
subject to the following minimum and maximum fines under The Provincial Offences Act
for a first offence, a fine of not less than $1,000 and not more than $50,000;
for a second offence of a similar nature under this By-law or the Sewer By-law
No. 92/2010 within the previous 6 years, a fine of not less than $5,000 and not
more than $100,000; and
for a third offence and subsequent offence of a similar nature under this By-law
or the Sewer By-law No. 92/2010 within the previous 6 years, a fine of not less
than $10,000 and not more than $250,000.
Subject to the Municipal By-law Enforcement Act (MBEA) Enabling By-law, a person
who contravenes a provision of this By-law referred to in Schedule "A" to the Municipal By-law
Enforcement Act (MBEA) Enabling By-law must pay the administrative penalty for that
contravention set out in that By-law. If an Early Payment Discount amount is set out for a
provision in that schedule, a person who is issued a penalty notice for a contravention of that
provision may, within 14 days after the penalty notice has been issued, voluntarily pay to The
City of Winnipeg the applicable Early Payment Discount amount and will thereafter not be
prosecuted for the contravention.
105
Appeals
105
Any appeal authorized by the Charter for orders or decisions under this By-law may be
made, upon payment of any applicable fee, to the designated committee by filing a written
appeal with the City Clerk in accordance with the Charter.
By-law No. 106/2018
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PART 15
REPEALS AND COMING INTO FORCE
106
Sewer By-law No. 92/2010 repealed
The Sewer By-law No. 92/2010 is repealed.
This By-law replaces the Sewer By-law No. 92/2010.
107
Coming into force
107
This By-law comes into force on January 1, 2019.
DONE AND PASSED this 13th day of December, 2018.
By-law No. 106/2018
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SCHEDULE "A"
Substances Prohibited in Discharges to Wastewater System
1.
a liquid or gas which will cause a lower explosive limit reading to exceed 10% of the
lower explosive limit on a combustible gas meter at any point in the sewer system;
2.
any solids which will not pass through a 6.0 millimetre screen;
3.
dyes or colouring materials which could pass through the wastewater system and
discolour the wastewater;
4.
hazardous waste, including
(a)
explosives;
(b)
flammable liquids;
(c)
flammable solids;
(d)
gas (Class 2);
(e)
toxic substances;
(f)
oxidizing substances and organic peroxides;
(g)
radioactive material except where the person
(i)
is discharging radioactive material under a valid licence issued by
the Canadian Nuclear Safety Commission or its successor; and
(ii)
has provided a copy of the licence to a designated employee upon
request;
5.
ignitable liquids;
6.
landfill leachate, except that produced from landfills owned by the City of Winnipeg and
other landfills approved by a designated employee;
7.
concentrated pesticides;
8.
pharmaceutical products, both dispensed and over-the-counter;
9.
solid matter, other than properly shredded food waste from a food waste grinding device
as set out in section 57 of this By-law; and
10.
solid or viscous substances that are likely to obstruct the flow in a sewer, including
ashes, bones, cinders, sand, mud, soil, straw, shavings, metal, glass, rags, feathers, tar,
plastics, grease, oil, wood, unground garbage, animal parts or tissues, and material
taken from the belly of slaughtered animals.
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SCHEDULE "B"
Concentration Limits for Discharges into the Wastewater System
Parameter
Limit
Aldrin / dieldrin
0.0002 mg/L
Aluminum (total)
50 mg/L
Antimony (total)
5.0 mg/L
Arsenic (total)
1.0 mg/L
Benzene
0.5 mg/L
Biochemical oxygen demand
300 mg/L
Cadmium (total)
0.7 mg/L
Chlordane (cis plus trans isomers)
0.1 mg/L
Chromium (hexavalent)
2.0 mg/L
Chromium (total)
4.0 mg/L
Cobalt (total)
5.0 mg/L
Copper (total)
2.0 mg/L
Cyanide (total)
2.0 mg/L
1,1,2,2 Tetrachloroethane
1.4 mg/L
1, 2 - dichlorobenzene
0.05 mg/L
1, 4 - dichlorobenzene
0.08 mg/L
3, 3 - dichlorobenzidine
0.002 mg/L
Dichlorodiphenyltrichloroethane (DDT)
0.0001 mg/L
Cis -1, 2 - dichloroethylene
4.0 mg/L
Ethyl benzene
0.16 mg/L
Fluoride
10 mg/L
Hexachlorobenzene
0.0001 mg/L
Hexachlorocyclohexane (Lindane)
0.1 mg/L
Lead (total)
1.0 mg/L
Manganese (total)
5.0 mg/L
Mercury (total)
0.01 mg/L
Methylene chloride
2.0 mg/L
Mirex
0.1 mg/L
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Parameter
Limit
Molybdenum (total)
5.0 mg/L
Nickel (total)
2.0 mg/L
Nitrogen (total)
60 mg/L
Nonylphenols
0.02 mg/L
Nonylphenol ethoxylates
0.2 mg/L
Oil and grease
−
natural
−
mineral or synthetic
100.0 mg/L
15.0 mg/L
Pentachlorophenol (PCP)
0.01 mg/L
Phenolics (total by 4AAP method)
1.0 mg/L
pH
Less than 5.5 or
greater than 11.0
Phosphorus (total)
10.0 mg/L
Polychlorinated biphenyls (PCBs) - total
0.001 mg/L
Polycyclic aromatic hydrocarbons (PAHs) - total
0.005 mg/L
Selenium (total)
1.0 mg/L
Silver (total)
5.0 mg/L
Sulphate (total)
1500 mg/L
Sulphide
1.0 mg/L
Suspended solids (total)
350 mg/L
Temperature
60 degrees Celsius
Tetrachloroethylene
1.0 mg/L
Tin (total)
5.0 mg/L
Titanium (total)
5.0 mg/L
Toluene
0.024 mg/L
Trichloroethylene
0.4 mg/L
Zinc (total)
2.0 mg/L
Xylenes (total)
1.4 mg/L
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SCHEDULE "C"
Substances Prohibited in Discharges to the Land Drainage System
1.
blowdown water;
2.
direct discharge of floating debris such as leaves, grass clippings, branches, plastic
bottles, cans, and other garbage;
3.
grease, oils and petroleum hydrocarbons;
4.
greywater;
5.
hauled wastewater;
6.
hazardous waste, including
(a)
explosive waste;
(b)
flammable liquids;
(c)
flammable solids;
(d)
gas (Class 2);
(e)
toxic substances;
(f)
oxidizing substances and organic peroxides;
(g)
radioactive material;
7.
landfill leachate;
8.
matter that is likely to
(a)
interfere with proper operation of the land drainage system;
(b)
affect the flow into the land drainage system;
(c)
damage the land drainage system; or
(d)
harm any person, animal, property, or vegetation;
9.
matter that contravenes a licence or provisional licence issued by the Province of
Manitoba concerning the land drainage system or its discharge;
10.
concentrated pesticides;
11.
pharmaceutical products, both dispensed and over-the-counter;
12.
substances used in or produced from an industrial process.
By-law No. 106/2018
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SCHEDULE "D"
Limits for Discharges to Land Drainage System
Parameter
Limit
Aldrin / dieldrin
0.00008 mg/L
Ammonia (un-ionized)
0.18 mg/L
Arsenic (total)
0.02 mg/L
Benzene
0.002 mg/L
Biochemical oxygen demand
15.0 mg/L
Di-n-butyl phthalate
0.015 mg/L
Cadmium (total)
0.008 mg/L
Chlordane (cis plus trans isomers)
0.04 mg/L
Chromium (hexavalent)
0.01 mg/L
Chromium (total)
0.08 mg/L
Chlorine (total residual)
0.01 mg/L
Copper (total)
0.04 mg/L
Cyanide (weak acid dissociable)
0.005 mg/L
1, 2 - dichlorobenzene
0.0056 mg/L
1, 4 - dichlorobenzene
0.0068 mg/L
3, 3 - dichlorobenzidine
0.0008 mg/L
Dichlorodiphenyltrichloroethane (DDT)
0.00004 mg/L
Cis - 1, 2 - dichloroethylene
0.0056 mg/L
Trans -1, 3 - dichloropropylene
0.0056 mg/L
Escherichia Coli
200 colonies/100mL
Ethyl benzene
0.002 mg/L
Bis (2-ethylhexyl) phthalate
0.0088 mg/L
Hexachlorobenzene
0.00004 mg/L
Hexachlorocyclohexane (Lindane)
0.04 mg/L
Lead (total)
0.08 mg/L
Manganese
0.2 mg/L
Mercury (total)
0.0004 mg/L
Methylene chloride
0.0052 mg/L
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Parameter
Limit
Mirex
0.04 mg/L
Nickel (total)
0.08 mg/L
Nonylphenols
0.001 mg/L
Nonylphenol ethoxylates
0.01 mg/L
Pentachlorophenol (PCP)
0.002 mg/L
pH
Less than 6.0 or
greater than 9.5
Phenolics (total by 4AAP method)
0.008 mg/L
Phosphorus (total)
0.4 mg/L
Polychlorinated biphenyls (PCBs) - total
0.0004 mg/L
Polycyclic aromatic hydrocarbons (PAHs) - total
0.002 mg/L
Selenium (total)
0.02 mg/L
Silver (total)
0.04 mg/L
Suspended solids (total)
15.0 mg/L
1,1,2,2-tetrachloroethane
0.017 mg/L
Temperature
40 degrees Celsius
Tetrachloroethylene
0.0044 mg/L
Toluene
0.002 mg/L
Trichloroethylene
0.0076 mg/L
Xylenes (total)
0.0044 mg/L
Zinc (total)
0.04 mg/L
By-law No. 106/2018
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SCHEDULE "E"
Business Sectors which require Pollution Prevention Plans under Part 12
NAICS Codes used in this Schedule refer to the North American Industrial Classification System
Pollution Prevention Plan Tier 1 (a)
Effective Date: January 1, 2012
Metal Processing Companies
NAICS Code
Primary production of alumina and aluminum
331313
Steel foundries
331514
Prefabricated metal building and component manufacturing
332311
Metal Plating
332810
Other ornamental and architectural metal work manufacturing
332329
Metal tank (heavy gauge) manufacturing
332420
Other metal container manufacturing
332439
Metal valve manufacturing
332910
All other miscellaneous fabricated metal product manufacturing
332999
Pollution Prevention Plan Tier 1 (b)
Effective Date: January 1, 2013
Metal Processing Companies
NAICS Code
Iron and Steel Mills and Ferro-Alloy Manufacturing
331110
Iron and Steel Pipes and Tubes Manufacturing from Purchased
Steel
331210
Non-Ferrous Metal (except Aluminum) Smelting and Refining
331410
Iron Foundries
331511
Non-Ferrous Die-Casting Foundries
331523
Non-Ferrous Foundries (except Die-casting)
331529
Forging
332113
Stamping
332118
Cutlery and Hand Tool Manufacturing
332210
Concrete Reinforcing Bar Manufacturing
332314
Other Plate Work and Fabricated structural metal manufacturing
332319
Metal Window and Door Manufacturing
332321
Power Boiler and Heat Exchange Manufacturing
332410
Metal Tank (Heavy Gauge) Manufacturing
332420
Metal Can Manufacturing
332431
Other Metal Container Manufacturing
332439
Cold-Rolled Steel Shape Manufacturing
331211
Steel Wire Drawing
331222
Aluminum Rolling, Drawing, Extruding and Alloying
331317
Copper Rolling, Drawing, Extruding and Alloying
331420
By-law No. 106/2018
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Metal Processing Companies
NAICS Code
Non-Ferrous Metal (except Copper and Aluminum) Rolling,
Drawing, Extruding and Alloying
331490
Hardware Manufacturing
332510
Spring (Heavy Gauge) Manufacturing
332611
Other Fabricated Wire Product Manufacturing
332619
Machine Shops
332710
Turned Product and Screw, Nut and Bolt Manufacturing
332720
Ball and Roller Bearing Manufacturing
332991
Pollution Prevention Plan Tier 2
Effective Date: July 1, 2013
Paper Manufacturing
NAICS Code
Mechanical Pulp Mills
322111
Chemical Pulp Mills
322112
Paper (except Newsprint) Mills
322121
Newsprint Mills
322122
Paperboard Mills
322130
Corrugated and Solid Fibre Box Manufacturing
322211
Folding Paperboard Box Manufacturing
322212
Other Paperboard Container Manufacturing
322219
Paper Bag and Coated and Treated Paper Manufacturing
322220
Stationery Product Manufacturing
322230
Sanitary Paper Product Manufacturing
322291
All Other Converted Paper Product Manufacturing
322299
Petroleum and Coal Product Manufacturing
NAICS Code
Petroleum Refineries
324110
Asphalt Paving Mixture and Block Manufacturing
324121
Asphalt Shingle and Coating Material Manufacturing
324122
Other Petroleum and Coal Product Manufacturing
324190
Metal Processing Companies
NAICS Code
Petrochemical Manufacturing
325110
Industrial Gas Manufacturing
325110
Synthetic Dye and Pigment Manufacturing
325130
Alkali and Chlorine Manufacturing
325181
All Other Basic Inorganic Chemical Manufacturing
325189
Other Basic Organic Chemical Manufacturing
325190
Soap and Cleaning Compound Manufacturing
325610
Toilet Preparation Manufacturing
325620
Paint and Coating Manufacturing
325510
Adhesive Manufacturing
325520
Resin and Synthetic Rubber Manufacturing
325210
Artificial and Synthetic Fibres and Filaments Manufacturing
325220
Printing Ink Manufacturing
325910
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Metal Processing Companies
NAICS Code
Explosives Manufacturing
325920
Custom Compounding of Purchased Resins
325991
All Other Miscellaneous Chemical Product Manufacturing
325999
Chemical Fertilizer (except Potash) Manufacturing
325313
Mixed Fertilizer Manufacturing
325314
Pesticide and Other Agricultural Chemical Manufacturing
325320
Printing and Related Support Activities
NAICS Code
Quick Printing
323114
Digital Printing
323115
Manifold Business Forms Printing
323116
Other Printing
323119
Support Activities for Printing
323120
Miscellaneous Industries
NAICS Code
Leather and Hide Tanning and Finishing
316110
Battery Manufacturing
335910
Pharmaceutical and Medicine Manufacturing
325410
Pollution Prevention Plan Tier 3
Effective Date: July 1, 2014
Textile and Fabric Manufacturing
NAICS Code
Textile and fabric finishing
313310
Fabric coating
313320
Linen and uniform supply
812330
Cement and Concrete Product Manufacturing
NAICS Code
Cement Manufacturing
327310
Ready-mix concrete manufacturing
327320
Concrete pipe, brick and block manufacturing
327330
Other concrete product manufacturing
327390
Semiconductor and Other Electronic Component
Manufacturing
NAICS Code
Semiconductor and other electronic component
manufacturing
334410
Jewellery and Silverware Manufacturing
NAICS Code
Jewellery and silverware manufacturing
339910
Testing Laboratories
NAICS Code
Testing laboratories
541380
Medical and Diagnostic Laboratories
NAICS Code
By-law No. 106/2018
Page 65 of 68
Medical and Diagnostic Laboratories
NAICS Code
Medical and Diagnostic Laboratories
621510
Funeral Homes
NAICS Code
Funeral Homes
812210
Dry Cleaning and Laundry Services
NAICS Code
Dry Cleaning and Laundry Services (except coin-operated)
812320
Photo Finishing Services
NAICS Code
Photo Finishing Laboratories (except one-hour)
812921
One Hour Photo Finishing
812922
Waste Treatment and Disposal
NAICS Code
Waste Treatment and Disposal
562210
Food and Beverage Manufacturing
NAICS Code
Dog and Cat Food Manufacturing
311111
Other Animal Food Manufacturing
311119
Flour Milling
311211
Rice Milling and Malt Manufacturing
311214
Wet Corn Milling
311221
Oilseed Processing
311224
Fat and Oil Refining and Blending
311225
Breakfast Cereal Manufacturing
311230
Sugar Manufacturing
311310
Non-chocolate Confectionery Manufacturing
311340
Chocolate and Chocolate confectionary Manufacturing from
Cacao Beans
311351
Confectionary Manufacturing from Purchased Chocolate
311352
Frozen Food Manufacturing
311410
Fruit and Vegetable Canning, Pickling, and Drying
311420
Fluid Milk Manufacturing
311511
Butter, Cheese, and Dry and Condensed Diary Product
Manufacturing
311515
Ice Cream and Frozen Dessert Manufacturing
311520
Animal (except poultry) slaughtering
311611
Rendering and Meat Processing from Carcasses
311614
Poultry Processing
311615
Seafood Product Preparation and Packaging
311710
Retail Bakeries
311811
Commercial Bakeries and Frozen Bakery Product
Manufacturing
311814
Cookie and Cracker Manufacturing
311821
Flour Mixes, Dough, and Pasta Manufacturing from
Purchased Flour
311824
By-law No. 106/2018
Page 66 of 68
Food and Beverage Manufacturing
NAICS Code
Tortilla Manufacturing
311830
Roasted Nut and Peanut Butter Manufacturing
311911
Other Snack Food Manufacturing
311919
Coffee and Tea Manufacturing
311920
Flavouring Syrup and Concentrate Manufacturing
311930
Seasoning and Dressing Manufacturing
311940
All Other Food Manufacturing
311990
Soft Drink and Ice Manufacturing
312110
Breweries
312120
Wineries
312130
Distilleries
312140
Pollution Prevention Plan Tier 4
Effective Date: January 1, 2018
Automotive Repair and Maintenance
NAICS Code
General automotive repair
811111
Automotive exhaust system repair
811112
Other automotive mechanical and electrical repair and
maintenance
811119
Automotive body, paint and interior repair and maintenance
811121
Automotive glass replacement shops
811122
Car washes
811192
All other automotive repair and maintenance
811199
Transportation Equipment Manufacturing
NAICS Code
Automobile and light-duty motor vehicle manufacturing
336110
Heavy-duty truck manufacturing
336120
Motor vehicle body manufacturing
336211
Truck trailer manufacturing
336212
Motor home, travel trailer and camper manufacturing
336215
Motor vehicle gasoline engine and engine parts
manufacturing
336310
Motor vehicle electrical and electronic equipment
manufacturing
336320
Motor vehicle steering and suspension components (except
spring) manufacturing
336330
Motor vehicle brake system manufacturing
336340
Motor vehicle transmission and power train parts
manufacturing
336350
Motor vehicle seating and interior trim manufacturing
336360
Motor vehicle metal stamping
336370
Other motor vehicle parts manufacturing
336390
By-law No. 106/2018
Page 67 of 68
Transportation Equipment Manufacturing
NAICS Code
Aerospace product and parts manufacturing
336410
Railroad rolling stock manufacturing
336510
Ship building and repairing
336611
Boat building
336612
Other transportation equipment manufacturing
336990
Gas Stations
NAICS Code
Gasoline stations with convenience stores
447110
Other gasoline stations
447190
Miscellaneous Industries
NAICS Code
Commercial screen printing
323113
Mushroom production
111411
Pollution Prevention Plan Tier 5
Effective Date: January 1, 2019
Wood Product Manufacturing
NAICS Code
Sawmills (except shingle and shake mills)
321111
Shingle and shake mills
321112
Wood preservation
321114
Hardwood veneer and plywood mills
321211
Softwood veneer and plywood mills
321212
Structural wood product manufacturing
321215
Particle board and fibreboard mills
321216
Waferboard mills
321217
Wood window and door manufacturing
321211
Other millwork
321919
Wood container and pallet manufacturing
321920
Manufactured (mobile) home manufacturing
321991
Prefabricated wood building manufacturing
321992
All other miscellaneous wood product manufacturing
321999
Plastics and Rubber Products Manufacturing
NAICS Code
Plastic bag and pouch manufacturing
326111
Plastic film and sheet manufacturing
326114
Unlaminated plastic profile shape manufacturing
326121
Plastic pipe and pipe fitting manufacturing
326121
Laminated plastic plate, sheet (except packaging), and shape
manufacturing
326130
Polystyrene foam product manufacturing
326140
Urethane and other foam product (except polystyrene)
manufacturing
326150
By-law No. 106/2018
Page 68 of 68
Plastics and Rubber Products Manufacturing
NAICS Code
Plastic bottle manufacturing
326160
Plastic plumbing fixture manufacturing
326191
Motor vehicle plastic parts manufacturing
326193
Plastic window and door manufacturing
326196
All other plastic product manufacturing
326198
Tire manufacturing
326210
Rubber and plastic hose and belting manufacturing
326220
Other rubber product manufacturing
326290
Miscellaneous Industries
NAICS Code
Petroleum and petroleum products merchant wholesalers
412110
Pollution Prevention Plan Tier 6
Effective Date: January 1, 2020
Cannabis Growth And Manufacturing
NAICS Code
Cannabis product manufacturing
312310
Cannabis grown under cover
111412
Cannabis grown in open fields
111995