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CHAPTER 24
PUBLIC SEWER BY-LAW
PART I
DEFINITIONS
1.
Unless the context specifically indicates otherwise, the meaning of terms used
in this By-law shall be as follows:
1)
"SANITARY SEWER" shall mean a sewer which carries sanitary sewage,
as defined hereafter, and to which storm, surface and ground water are
not intentionally admitted.
2)
"STORM SEWERS" shall mean a sewer which carries storm and surface
water, industrial cooling water, or unpolluted process waters, but
excludes sanitary sewage.
3)
"COMBINED SEWER" shall mean a sewer intended to function
simultaneously as a storm sewer and a sanitary sewer.
4)
"BUILDING SEWER" shall mean a sewer which is located on private
property and which connects a building to a public sewer or other place
of disposal.
5)
"PUBLIC SEWER" shall mean a sewer which is located on public
property and which is owned and maintained by the Town.
6)
"PRIVATE SEWER" shall mean a sewer which is located on private
property and which is not owned or maintained by the Town.
7)
"SANITARY SEWAGE" shall mean water-carried wastes from residences,
commercial
buildings
or
premises,
institutions
and
industrial
establishments, but excluding storm sewage, as defined hereafter.
8)
"STORM SEWAGE" shall mean ground, surface and storm waters which
are unpolluted other than by their contact with the natural environment
and industrial cooling water, and unpolluted process water.
9)
"SLUDGE" shall mean the discharge of sewage which in concentration
of any given constituent or any quantity of flow exceeds more than five
Chapter 24 - Public Sewer By-Law
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times the average 24 hour concentration or flow for a period in excess
of fifteen minutes.
10)
"SEWAGE WORKS" shall mean all sewer systems, sewage pumping
stations, sewage treatment plants, and other works for the collection,
acceptance, transmission, treatment, and disposal of sewage or for any
one or more of them.
11)
"GARBAGE" shall mean sold wastes from the domestic and commercial
preparation, cooking and dispensing of food and from the handling,
storage and sale of produce.
12)
"NATURAL OUTLET" shall mean any outlet into a ravine, gulch,
watercourse, or the bed thereof, whether the same usually contains
water or not, or any stream, river, creek, ditch, lake or other body of
surface or groundwater.
13)
"TOWN" shall mean the Town of Bridgewater, the duly elected
Councillors of the Town of Bridgewater, acting in Council, or any
commission or officer appointed by the Council to supervise the
operation and administration of the sewage works.
14)
"TOWN'S INSPECTOR" shall mean any sanitary inspector, public health
inspector or any person who is authorized by the Town to carry out
inspections or investigations on behalf of the Town as may be required
under this By-law.
15)
"POLLUTED" shall mean altered physical, chemical, biological or
aesthetic properties of the natural waters of the area, including change
of the temperature, taste, or odor of the waters, or the addition of any
liquid, solid, radioactive, gaseous or other substance to the water or the
removal of such substances from the water, which will render, or is
unlikely to render, the waters harmful to the public health, safety, or
welfare; or harmful or less useful for domestic, municipal, industrial,
agricultural, recreational or other lawful uses, or for animals, birds, or
aquatic life.
16)
"LARGE INDUSTRIAL" a wholly enclosed industrial building dedicated
to the manufacturing, processing, and assembly of goods, exceeding
10,000 sq.m. in GFA.
Chapter 24 - Public Sewer By-Law
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17)
"LARGE GROCERY" a wholly enclosed commercial building in which
food or drink is sold primarily for off-premises preparation and
consumption, but may include on-site consumption, exceeding 4,000
sq.m. (43,000s sq.ft.).
18)
"USER" means the owner or occupant of property which is serviced by,
connected to, or makes use of the Town's sewerage system.
PART II
THE REQUIRED USE OF PUBLIC STREETS
2.
It shall be unlawful for any person to place, deposit, or permit to be deposited
in any unsanitary manner on public or private property within the Town, or in
any area under the jurisdiction of the Town, any human or animal excrement,
garbage or other objectionable waste.
3.
It shall be unlawful to discharge to any natural outlet within the town, any
sewage or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this By-law. This section
shall not apply to emergency sanitary sewer overflow, or to any sanitary sewer
which existed prior to 1975.
4.
a) The owner of any dwellings, house, shop, store, office or other building,
situated within the town and abutting on any street, alley or right-of-way in
which there is now located, or may in the future be located, a public sanitary or
combined sewer of the town, is hereby required, at his expense, to install
suitable toilet facilities therein, and to connect such facilities directly with the
proper public sewer in accordance with the provisions of this By-law, within 90
days after date of notice by the Town to do so.
b) Notwithstanding subclause 4(a), any dwellings, house, shop, store, office or
other building, may be constructed on approved lots serviced by on-site septic
where the dwelling will be located more than 100 metres (328 feet) away from
the street in which central sewer and/or water is located; provided that the on-
site services are constructed to NSDEL's requirements and are approved by
NSDEL. Further, should a public street with central sewer be constructed within
20 metres of the dwelling, house, shop, store, office, or other building, the owner
will be required to connect within six months of notification by the Town and
remove the on-site system within one year of notification by the Town to do so.
c)
Notwithstanding Sections 4(a) and 4(b), where capacity does not exist
within the downstream sanitary sewer system resulting in the denial of new
Chapter 24 - Public Sewer By-Law
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services as requested, any dwellings, house, shop, store, office, or other
building, may be constructed on approved lots serviced by on-site services
constructed to NSDEL's requirements and approved by NSDEL. Further,
approval shall subject to a performance agreement to be recorded on title with
the Land Registration Office, with terms including, but not limited to:
i) A requirement for connection within six (6) months of notification by the
Town and removal of the on-site system within one year of notification
by the Town to do so, upon the subject capacity being available;
ii) Payment of all applicable development charges,
iii) A requirement for laterals at the time of construction or connection as
determined by the Town Engineer;
iv) Enabling the Town to commence charging the property the sewer rate
once the six months' notice period for connection has expired; and
v) An agreement that if the property owner fails to do any of the matters
required under this Agreement and within the timeframes provided, the
Town may undertake the work and recover the costs from the property
owner via a statutory lie, pursuant to Municipal Government Act, on the
property.
PART III
BUILDING SEWERS AND CONNECTIONS
5.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenance
thereof, without first obtaining a permit from the Town.
6.
The owner or his agent shall make application to the Town for any
proposed connection.
7.
The Town shall provide any installations required for the connections
within the rights-of-way of the town streets when
1)
the owner pays the connection charge provided in Section 27
hereof, and
2)
the property fronts on a street in which there is a sewer.
8.
A separate and independent building sewer shall be provided for every
building; except where one building stands at the rear of another on an
internal lot and no private sewer is available or can be constructed to the
rear building through an adjoining alley, court, yard, or driveway, in which
case the building sewer from the front building may be extended to the
Chapter 24 - Public Sewer By-Law
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rear building and the whole considered as one building sewer. For the
purpose of this section, the word "building" includes each unit of a semi-
detached (side-by-side) building.
9.
Old building sewers may be used in connection with new buildings only
when they are found, on examination and test by the Town, to meet all
requirements of this By-law.
10.
Size, slope, alignment, materials of construction of the building sewer
and the methods to be used in excavating, placing of the pipe, jointing,
testing, backfilling and trench and the connection to the public sewer,
shall all conform to the requirements of the Town, as they may exist at
the time of installation. All building sewers shall incorporate an effective
back water valve, if any fixture served by it is located below the level of
the street on which the sewer main is located.
11.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which the
building drain is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such building drains shall be lifted by an
approved means and discharged to the building sewer.
12.
No person shall make connection of roof down spouts, exterior
foundation drains, area way drains or other sources of surface runoff or
groundwater to a building sewer or building drain, which in turn is
connected directly or indirectly to a public sanitary sewer. Surface runoff
or groundwater shall be disposed of by connection to a public storm or
combined sewer, or by a natural outlet or shall be disposed of by wet well
or other approved means.
13.
The person who originally made application for the building sewer permit
shall notify the Town when the building sewer is ready for inspection and
connection to the public sewer. The entire works shall be performed
under the supervision of the Town's inspector.
14.
All excavations for the building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Street, sidewalk, walkways, and other public property disturbed
Chapter 24 - Public Sewer By-Law
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in the course of the work shall be restored to a condition which is
satisfactory to the Town.
PART IV
USE OF THE PUBLIC SEWER
15.
No person shall discharge or cause to be discharged any storm water,
surface water, groundwater, roof runoff, subsurface drainage, unpolluted
cooling water or unpolluted industrial process waters to any sanitary
sewer.
16.
No persons shall discharge or cause to be discharged any sanitary sewer
to any storm water.
17.
Storm water, industrial cooling water, unpolluted process water and all
other unpolluted drainage shall be discharged to such sewers as are
specifically designated as combined sewers or storm sewers, or to a
natural outlet approved under the Environmental Protection and Waters
Act.
18.
No person shall insure, break, or remove any portion of any receiving
basin, covering flag, manhole, vent shaft, grating or any part of any sewer
or drain, or obstruct the flow of water or permit any substance to flow
into a sewer or drain which shall form a deposit having a tendency to fill
or obstruct such sewer or drain.
19.
Sanitary sewage shall be discharged to such sewers as are specifically
designated as sanitary sewers or combined sewers, except that no person
shall discharge or cause to be discharged the following described
substances, materials, waters or wastes:
1)
Sewage at a temperate in excess of 75o Centigrade;
2)
Sewage containing any inflammable or explosive matter and,
without limiting the generality of the foregoing, gasoline,
benzene, naphtha, fuel oil, acetone or other solvents;
Chapter 24 - Public Sewer By-Law
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3)
Any quantity of matter capable of obstructing the flow in or
interfering with the proper operation of any part of the sewage
works and without limiting the generality of the foregoing, and
such quantity of ashes, cinders, garbage, sand, straw, mud,
shavings, metal, glass, rags, feather, plastic, wood or cellulose;
4)
Sewage having a pH less than 5.5 or greater than 9.5, of which,
due to its nature or content, becomes less than 5.5 or greater
than 9.5 during transmission to a sewage treatment plant;
5)
Sewage that may cause a nuisance and without limiting the
generality of the foregoing, sewage containing hydrogen
sulphide,
carbon
disulfide,
ammonia,
trichloroethylene,
sulphur dioxide, formaldehyde, chlorine, bromine, or pyridine,
in such quantity that an offensive odor could emanate from the
sewage works or could cause a nuisance;
6)
Sewage containing fish, animal wastes, and, without limiting
the generality of the foregoing, containing intestines, stomach
casings, intestinal contents, hides, hooves, toenails, horns,
bones or poultry heads or sewage containing hair, wool, fur,
feathers, paunch manure or fleshings;
7)
Sewage containing toxic or chemical pollutants in greater
concentrations than is permitted by an authority having
jurisdiction over the receiving waters.
8)
Sewage which exerts or causes:
a)
Unusual concentrations of inert suspended solids (such
as, but not limited to, Fullers earth, lime, slurries, and
lime residues) or of dissolved solids (such as, but not
limited to, sodium chloride and sodium sulphate);
b)
Excessive discolouration (such as, but not limited to, dye
wastes and vegetable tanning solutions);
c)
Unusual BOD, chemical oxygen demand or chloride
requirements in such quantities as to constitute a
significant load on the sewage treatment works;
Chapter 24 - Public Sewer By-Law
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d)
Unusual volume of low or concentration of wastes
constituting "sludge" as defined herein;
9)
The contents of septic tanks without approval of the Town;
10)
Radioactive materials except as may be permitted under the
Atomic Energy Control Act, R.S.C., 1970, Chapter A19, and
amendments thereto and regulations thereunder;
11)
Storm runoff, sewage derived from the drainage of lands or
roofs, water used for cooling purposes or any other unpolluted
waste waters;
12)
Without limiting any of the foregoing, no person shall
discharge or cause to be discharged any waters or wastes
containing substances which are not amenable to treatment of
reduction by the sewage treatment process employed, or are
amenable to treatment only to such degree than the sewage
treatment plant effluent cannot meet the requirements of
other agencies having jurisdiction over discharge of the
receiving waters.
20.
If any waters or wastes are discharged or are proposed to be discharged
to the public sewers, which waters contain the substances or possess the
characteristics enumerated in Section 21 of this by-law, the Town may do
any or all of the following:
1)
Reject the wastes;
2)
Require pretreatment to an acceptable condition for discharge
to the public sewers;
3)
Require control over the quantities and rates of discharge;
4)
Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or sewage
charges.
Chapter 24 - Public Sewer By-Law
Page 9 of 13
21.
If the Town requires the pretreatment or equalization of waste flows, the
design and installation of the plants and equipment shall be subject to
the review and approval of the Town.
22.
Grease, oil, and interceptors shall be provided by the property owner
when, in the opinion of the Town, they are necessary to the proper
handling of liquid wastes containing grease in excessive amounts, or any
inflammable wastes, sand or other harmful ingredients; except that such
interceptors shall not be required to private living quarters or dwelling
units. All interceptors shall be of a type and capacity approved by the
Town, and shall be located as to be readily and easily accessible for
cleaning and inspection.
23.
Each preliminary treatment or flow equalizing facility shall be maintained
continuously and satisfactorily in effective operation by the owner at his
expense.
24.
When required by the Town, the owner of any property served by a
building sewer carrying industrial waste shall install a suitable control
manhole together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and
measurement of the wastes. Such manholes, when required, shall be
accessible and safely located, and shall be constructed in accordance
with plans approved by the Town. Manholes shall be installed by the
owner at his expense and shall be maintained by him so as to be safe
and accessible at all times.
25.
No statement contained in this party shall be construed as preventing
any special agreement or arrangement between the Town and any
industrial concern or institution whereby an industrial or institutional
waste of unusual strength or character may be accepted by the town for
treatment, subject to payment therefore by the industrial concern.
PART V
POWERS OR AUTHORITY OF INSPECTORS
26.
The Town's inspectors shall be permitted to enter all properties for the
purpose of inspection, observation, measurement, sampling and testing,
Chapter 24 - Public Sewer By-Law
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at any reasonable time. The inspectors shall have no authority to inquire
into any processes beyond that point having a direct bearing on the kind
and source of discharge to the sewers or waterways or facilities for waste
treatment.
PART VI
27.
CHARGES FOR CONNECTION TO PUBLIC SEWER
Council will levy a charge to every property fronting on any street in
which there is a public sewer and which has been or may hereafter be
connected with a public sewer by a building drain from said house, to
recover the amount required, or as much of the amount required as
Council considers advisable to collect. By resolution of Council from time
to time, the charge will take the form of a uniform charge on each
property in the following categories:
1) Where there is an existing dwelling on the property
2) Where there is no existing dwelling on the property
All cellar drains which are connected with the public sewer shall be
fitted with a grate.
28.
ANNUAL SEWER CHARGES
Council will levy an annual charge to property owners serviced by a
public sewer system in order to recover the amount required, or as
much of the amount required as Council considers advisable to
collect in any one fiscal year, to operated the Town's public sewer
systems. By resolution of Council this annual charge will take the
form of:
1)
An area rate of a percentage or portion of each dollar of the
assessed value of the taxable property assessments which are
connected to any public sewer, or can be connected to any
public sewer, where the property or occupancy fronts a public
sewer main; or
2)
A uniform charge on every house, shop, or other property
connected to the public sewer of the Town of Bridgewater in
the following categories:
Chapter 24 - Public Sewer By-Law
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a.
Residence and land leased communities;
b.
Hotels and motels;
c.
Hospitals;
d.
Long term care facilities;
e)
Educational institutions;
f)
Car wash and ancillary car wash;
g)
Large grocery;
h)
Large industrial;
i)
Other commercial, shopping centres, institutional and
industrial users;
j)
Where a property is a single unit residential dwelling
that contains a home-based business with a total
commercial assessed value of less than 15% of the total
assessed value, only one uniform charge which is the
higher of the two applicable uniform charges will apply;
or
3)
A rate based on water consumption.
29.
Said annual service charges for the use of the sewerage system shall be
payable in installments at the same time and in the same manner as the
Town's tax bills. They will be included on the Town's tax bills and
identified separately on the tax bill as a sewer charge. The sewer charges
shall be for the same period as the Town's fiscal year (ie: April 1 - March
31).
30.
The sewer service charge, if not paid by the due date, shall bear interest
at the same time, in the same manner and at the same rate as charged
on unpaid taxes.
PART VII
PENALTIES
31.
Transition provisions for the change from the previous calendar year
billing period shall be as follows:
Interest on unpaid charges
from previous periods.
These balances shall bear interest at the
same time, in the same manner and at
Chapter 24 - Public Sewer By-Law
Page 12 of 13
the same rate as that charged on unpaid
taxes effective January 1, 1998.
Period January 1, 1998 to
March 31, 1998
In the previous By-law 50% of the annual
charge was due and payable on the 1st
day of January. One-half of this amount
(3 months) shall be added to the annual
charges for the Town's fiscal year April 1,
1998 - March 31, 1999. In effect the
sewer charges billed shall be for a fifteen
month period.
Subsequent
Fiscal
Periods
April 1 to March 31 (starting
April 1, 1998)
Annual charges shall be payable in
installments at the same time and in the
same manner as the Town's tax bills.
32.
Prosecution resulting from violation of Section 18 shall not be made in
the case of illegal connections which existed prior to October 1, 1971,
without three months notice to remedy the condition.
33.
Any person who violates or fails to comply with any provision of this By-
law shall be liable to a penalty not exceeding One Thousand Dollars
($1,000.00), or in default of payment, to imprisonment for a term not
exceeding 30 days, but this section shall not apply to Section 4.
34.
The sewer service charge is a lien on the whole of the property subject
to the sewer charge in the same manner, and with the same effect as
rates and taxes under the Assessment Act.
1)
The sewer service charge and interest thereon may be sued for
and collected in the same manner as other rates and taxes.
2)
Land is liable to be sold for unpaid sewer service charges in
the same manner and with the same effect as for unpaid rates
and taxes pursuant to the Assessment Act.
Chapter 24 - Public Sewer By-Law
Page 13 of 13
PART VIII
REPEAL
35.
The former Chapter 23A and 24 of the By-laws entitled "Public Sewers"
and any other By-laws or parts of the By-laws in conflict herewith are
hereby repealed.
---------------------------------------------------------------
AMENDMENTS
October 15, 2024
Inclusion of on-site septic system Clause 4
-
May 13, 2024
Addition of definition of "Large Industrial" - Part I
-
May 13, 2024
Addition of definition of "Large Grocery" - Part I
-
May 13, 2024
Additions to Clause 28(2) - new categories - Part VI
-
July 8, 2019
Revised Section 27 - Part VI
-
July 8, 2019
Added Section 28 - Part VI
-
May 28, 2018
Rates removed at included in Policy 89-Fees - Part VI
-
December 11, 2006
Addition of clause 4(a) - Part II
-
November 20, 1997
Amended Clause 30 - Part VI
-
November 20, 1997
Approved Clause 31 - Part VII
-
November 20, 1997
Amended Clause 34 - Part VII
-
January 6, 1995
Addition of definition of "User" - Part I
-
October 30, 1987
Amended Clause 10 - Part III
-
July 13, 1983
ORIGINALLY ADOPTED