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Title
1. This By-law may be cited as the Sewer Use By-law for the Municipality of the County of Colchester
and shall apply to all the areas within the Municipality of the County of Colchester and to all the
areas outside the Municipality of the County of Colchester that are serviced by a sewer system
discharging directly or indirectly into any of the wastewater facilities owned, operated and
maintained by the Municipality of the County of Colchester.
Interpretation
2. In this By-law the word "shall" is mandatory and not permissive. Words used in the present
tense shall include the future. Words used in the singular shall include the plural except where
otherwise indicated and words used in the plural shall include the singular. All other words shall
carry their customary meaning except those defined in this By-law.
Definitions
3. (1) "Accredited Laboratory" means any laboratory accredited by an authorized accreditation
body in accordance with a standard based on "CAN-P-1585: Requirements for the
Accreditation of Environmental Testing Laboratories" established by the Standards Council
of Canada, as may be amended from time to time, or "ISO/IEC/EN 17025: General
Requirements for Competence of Calibration and Testing Laboratories" established by the
International Organization for Standardization, as may be amended from time to time.
(2) "Appeals Committee" means the Appeals Committee appointed pursuant to the Appeals
Committee By-law
(3) "Biochemical Oxygen Demand (BOD)" means the five-day BOD which is the determination of
the molecular oxygen utilized during a five-day incubation period for the biochemical
degradation of organic material (carbonaceous demand), the oxygen used to oxidize
inorganic material such as sulphides and ferrous iron, and the amount of oxygen used to
oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate
procedure in Standard Methods.
(4) "Biosolids" means stabilized organic material produced during the treatment of sewage or
wastewater and septic sludge which has undergone treatment to reduce pathogen content.
(5) "Blow-down Water" means the discharge of recirculating cooling water for the purpose of
discharging materials contained in the water.
(6) "Building" means any dwelling, house, shop, store, office or any other structure which
requires sewage services.
(7) "Building Service Connection" means any piping system which conveys sewage, wastewater
or other liquid waste from the buildings on any property to the sewer lateral.
(8) "Chemical Oxygen Demand (COD)" means a measure of the capacity of water to consume
oxygen as a result of oxidation of inorganic chemicals and decomposition of organic matter.
(9) "Chief Administrative Officer" means the Chief Administrative Officer of the Municipality of
the County of Colchester.
Chapter 29
Sewer Use By-law
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(10) "Clear Water" means cooling water and uncontaminated water that has not come into
contact with wastewater contaminant sources.
(11) "Combined Sewer" means a sewer intended to function simultaneously as a storm water and
a wastewater sewer.
(12) "Combustible Liquid" means a liquid that has a flash point not less than 37.8 degrees
Celsius and no greater than 93.3 degrees Celsius.
(13) "Composite Sample" means a volume of wastewater, storm water, clear water or effluent
made up of three or more grab samples that have been taken at representative intervals
during the sampling periods and combined automatically or manually.
(14) "Cooling Water" means water that is used in a process for the purpose of removing heat
which has not, by design, come into contact with any raw material, intermediate product,
waste product, or finished product, but does not include blow-down water.
(15) "Council" means the Municipal Council of the Municipality of the County of Colchester.
(16) "Discharge" means to release, permit to be released or cause to be released into wastewater
facilities, the sewerage system or the storm water systems owned by or under the control of
the Municipality of the County of Colchester.
(17) "Discharger" means the owner, occupant or a person who has charge, management or
control of effluent, sewage, wastewater, storm water, uncontaminated water or any
combination thereof, which is discharged to wastewater facilities, the sewerage system or
the storm water system owned or controlled by the Municipality.
(18)
"Dwelling Unit" means living quarters that are accessible from a private entrance from
either outside a building or from a common area within a building, and which are occupied
or reasonably fit for occupancy, contain kitchen facilities within the unit, and have toilet
facilities that are not shared with the occupants of other dwelling units.
(19) "Effluent" means treated wastewater flowing out of wastewater facilities.
(20) "Engineer" means the Director of Public Works of the County of Colchester and their
designate.
(21) "Extra Strength Wastewater" means wastewater that exceeds the provisions of this By-law.
(22) "Federal Regulations" means a statute of Canada or any Regulation or Order made
pursuant to any statute of Canada.
(23) "Fuel" includes alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable
substance intended for use as a fuel.
(24) "Grab Sample" means a volume of wastewater, storm water, clear water or effluent which is
collected over a period of time.
(25) "Grease" means total oil and grease extracted from aqueous solution or suspension
according to the laboratory procedures provided by Standard Methods, and includes but is
not limited to hydrocarbons, esters, oils, fats, waxes and matter with or containing high
molecular fatty acids.
(26) "Hauled Wastewater" means waste removed from wastewater facilities, including a
cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet
or a wastewater holding tank.
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(27) "Hazardous Substance" means any substance or mixture of substance, other than a
pesticide, that exhibits characteristics of flammability, corrosivity, reactivity or toxicity, and
any substance that is designated as a hazardous substance within the meaning of any
applicable provincial or federal legislation, as amended from time to time.
(28) "Hazardous Waste" means any hazardous substance disposed of as waste.
(29) "Ignitable Waste" means a substance that is:
a.
a liquid, other than an aqueous solution containing less than 24 percent alcohol by
volume, and has a flash point less than 93 degrees Celsius, as determined by the
Tag Closed Cup Tester (ASTM D-56-97a), the Seta-flash Closed Cup Tester (ASTM D-
3828-97 or ASTM D-3278-96e1), the Pensky-Martens Closed Cup Tester (ASTM D-
93-97), or as determined by an equivalent test method;
b.
is a solid and is capable, under standard temperature and pressure, of causing fire
through friction, absorption of moisture or spontaneous chemical changes and,
when ignited, burns so vigorously and persistently that it creates a danger;
c.
is an ignitable compressed gas as defined by applicable provincial or federal legislation;
or
d.
is an oxidizing substance as defined by applicable provincial or federal legislation.
(30) "Industrial, commercial or Institutional" includes or pertains to industry, manufacturing,
commerce, trade, business, institutions, or building consisting of three or more dwelling
units as distinguished from domestic or residential.
(31) "Industrial Premises" means a property, with or without buildings, on which industrial,
commercial or institutional activities are undertaken.
(32) "Interceptor" means a receptacle that is installed to trap and prevent oil, grease, sand,
sediment or other materials from passing.
(33) "Leachate" means any liquid that has percolated through solid waste and has extracted
dissolved or suspended materials from it, including but not limited to the liquid produced
from the decomposition of waste and liquid that has entered the waste from external
sources including surface drainage, rainfall and groundwater.
(34) "Lot" means any parcel created by the filing of a plan of subdivision.
(35) "Matter" means any solid, liquid or gas.
(36) "Monitoring Access Point" means a location in a building service connection, such as a
manhole, which allows for monitoring flow measurement and sampling of the wastewater,
uncontaminated water or storm water within.
(37) "Municipality" means the Municipality of the County of Colchester.
(38) "National Building Code of Canada" means the 2010 edition of the National Building Code
of Canada and such further amendments as may be approved from time to time.
(39) "NORM" means Naturally Occurring Radioactive Materials, or Naturally Occurring Nuclear
Substances as defined by the Nuclear Safety and Control Act (Canada), which include
radioactive materials found in the environment including uranium, thorium, potassium and
their decay products such as radium and radon.
(40) "Owner" means an owner, part owner, joint owner, tenant in common or joint tenant of the
whole or any part of any property or building and includes a trustee, an executor, an
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administrator, a guardian, an agent, a mortgagee in possession or any other persons
having the care or control of any land or building in case of the absence or disability of the
person having title thereto.
(41) "Pathological Waste" includes those fluids or materials which may contain pathogens of
human or animal origin.
(42) "PCBs" means any mono-chlorinated or poly-chlorinated biphenyl chemicals or their
congener or any mixture of them or mixture that contains one or more of them.
(43) "Person" means an individual, association, partnership, company, municipality, or an heir,
executor, administrator, agent, employee or other legal representative of such person.
(44) "Pesticides" includes any substance that is a pest control product within the meaning of the
Pest Control Products Act (Canada), or a fertilizer within the meaning of the Fertilizers Act
(Canada) that contains a pest control product.
(45) "pH" means the measure of the intensity of the acidic or alkaline condition of a solution
determined by the hydrogen ion concentration of the solution in accordance with Standard
Methods.
(46) "Phenolic Compounds" means hydroxyl derivatives of benzene and its condensed nuclei.
(47) "Polluted" means altered physical, chemical, biological, or aesthetic properties of the
natural waters of an area, including change of temperature, taste or odour of the natural
waters or the addition of any matter which will cause or may cause the natural waters to be
harmful to public health, safety or welfare or harmful or less useful for domestic, municipal,
industrial, agricultural, recreational or other lawful uses for birds, animals or aquatic life.
(48) "Private Sewer" means a sewer servicing one or more buildings which is located on private
property and which is not owned or maintained by the Municipality.
(49) "Property" means any existing parcel of land or lot as described by its boundaries.
(50) "Provincial Regulations" means any statute of Nova Scotia or any Regulation or Order made
pursuant to any statute of Nova Scotia.
(51) "Radioactive Materials" means nuclear substances as defined by the Nuclear Safety and
Control Act (Canada).
(52) "Reactive Waste" means a substance that:
a.
is normally unstable and readily undergoes violent changes without detonating;
b.
reacts violently with water;
c.
forms potentially explosive mixtures with water;
d.
when mixed with water, generates toxic gases, vapours or fumes in a quantity
sufficient to present danger to human health or the environment;
e.
is a cyanide or sulphide bearing waste which, when exposed to pH conditions
between 2 and 12.5, can generate toxic gases, vapours or fumes in a quantity
sufficient to present danger to human health or the environment;
f.
is capable of detonation or explosive reaction if it is subjected to a strong initiating
source or if heated under confinement;
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g.
is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure; or
h.
is an explosive (Class 1) as defined in the regulations under any applicable
provincial or federal legislation as amended.
(53) "Residential premises" means a building consisting of one or two dwelling units.
(54) "Service" means the collection of wastewater or storm water or any combination thereof.
(55) "Sewage" means the combination of liquid and water-carried wastes from buildings,
containing animal, vegetable or mineral matter in suspension or solution, together with
such groundwater, surface water or storm water as might be present and has the same
meaning as wastewater.
(56) "Sewer" means a pipe or conduit for carrying sewage, wastewater, groundwater, storm
water or surface runoff, and includes all wastewater sewers, storm sewers, clear water
sewers, storm drains and combined sewers vested, owned and operated by the
Municipality.
(57) "Sewer Lateral" means the sewer line which extends from the sewer main to a property
line.
(58) "Sewer Main" means a sewer laid within a public right of way or public easement which
connects to one or more sewer laterals and receives sewage from such sewer laterals for
transport to wastewater facilities.
(59) "Sewerage System" means all pipes, sewer mains, sewer laterals, equipment, buildings
and structures for the collecting, pumping or treatment of wastewater and operated by the
Municipality, but does not include a storm sewer or the storm water system.
(60) "Solvent Extractable Matter" includes grease or oils from animal, vegetable, mineral or
synthetic sources.
(61) "Spill" means any discharge of wastewater from residential premises which is in excess of
the regular flow of discharge or in excess of any parameters as set out in Part 5 of this By-
law which may cause harm to the sewerage system, storm water system, wastewater
treatment facilities, persons, property or the environment.
(62) "Standard Methods" means the manner of examination of water and wastewater by way of
analytical and examination procedures provided in the edition of Standard Methods for the
Examination of Water and Wastewater (published jointly by the American Public Health
Association and the American Water Works Association) current at the time of testing, or
any publication by or under the authority of the Canadian Standards Association for the
testing of water and wastewater to determine water quality standards.
(63) "Standard Specifications for the Design and Construction of Municipal Services in
Colchester County" means the specifications and requirements for water systems,
sewerage systems, roads, utilities, storm-water systems, sidewalks, ramps, curbs and
gutters and other related infrastructure, as adopted by a resolution of Council as amended
from time to time.
(64) "Storm Sewer" means a sewer owned or controlled by the Municipality that carries storm
water and surface runoff water, excluding sewage or wastewater.
(65) "Storm water" means water from precipitation of all kinds and includes water from the
melting of snow and ice, groundwater discharge and surface runoff water.
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(66) "Storm water System" means a method or means of carrying storm water including, but not
limited to, ditches, swales, storm sewers, retention ponds, streets or roads that are owned
or controlled by the Municipality.
(67) "Suspended Solids" means the insoluble matter suspended in wastewater or storm water
that is separable by laboratory filtration.
(68) "Total Kjeldahl Nitrogen" means organic nitrogen.
(69) "Total PAHs" means the total of all the Polycyclic Aromatic Hydrocarbons including
Acenaphthene, Acenaphthylene, Anthracene, Benzo(a)anthracene, Benzo(a)phenanthrene,
Benzo(a)pyrene, Benzo(b)fluoranthene, Methylchrysene, Benzo(j)fluoranthene,
Benzo(k)fluoranthene, Benzo(j,k)fluorene, Nitropyrene, Benzo(g,h,i)perylene, Fluorene,
Benzo(r,s,t)pentaphene, Dibenz(a,h)acridine, Dibenz(a,j)acridine, Naphthalene, Pyrene,
Phenanthrene, Dibenzo(a,h)anthracene, Dibenzo(a,e)fluoranthene, Chrysenes,
Dibenzo(a,e)pyrene, Dibenzo(a,h)pyrene, Dibenzo(a,l)pyrene, Dibenzo(c,g)carbazole,
Dimethylbenz(a)anthracene, Indeno(1,2,3-cd)pyrene , Methylcholanthrene,
Methylnaphthanlene.
(70) "Toxic Substance" means any substance defined as toxic under the Environmental
Protection Act of Canada, as amended from time to time, and within the meaning of any
applicable provincial or federal legislation.
(71) "Uncontaminated Water" means potable water or any other water to which no matter has
been added as a consequence of its use.
(72) "Waste" means a substance that would cause or tend to cause an adverse effect if added
to the environment, wastewater facilities, the sewerage system or storm water system and
includes rubbish, slimes, tailings, or other industrial wastes, effluent, septic sludge,
sewage, garbage, refuse, scrap, litter or other waste products of any kind.
(73) "Waste Radioactive Materials" means nuclear substances as defined by the Nuclear Safety
and Control Act (Canada) such as uranium, thorium, plutonium, neptunium, deuterium,
their respective derivatives and compounds and such other substances as the Canadian
Nuclear Safety Commission may designate as being capable of releasing ionizing radiation
and require approval of the Canadian Nuclear Safety Commission for disposal into a
sanitary sewer under the Nuclear Safety and Control Act.
(74) "Wastewater" means liquid waste containing animal, vegetable, mineral or chemical matter
in solution or suspension carried from any premises and has the same meaning as
sewage.
(75) "Wastewater Sewer" means a sewer receiving sewage or wastewater and to which storm,
surface or ground waters are not intentionally admitted.
(76) "Wastewater Facilities" means the structures, pipes, devices, equipment, processes, or
other things used, or intended to be used, for the collection, transportation, pumping or
treatment of sewage or wastewater and disposal of effluent.
(77) "Waste Survey Report" means a report as better described in Part 10 of this By-law.
Connections
Building Service Connections Provided by Municipality
4. (1)
Where a sewerage system has been constructed within a street, the Municipality shall,
upon a person obtaining a permit, provide not more than one sewer lateral from the sewer
main to service each property abutting such street, except that nothing herein requires
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the Municipality to provide sewer laterals to land which is not being used for any
residential, commercial, industrial or institutional purpose for which a sewer might be
required.
(2)
A sewer lateral as provided by section 4.1 shall extend from the sewer main to the
boundary of the property and shall be installed prior to the installation of the building
service connection and the connection of the building service connection to the sewer
lateral. The Municipality shall not be responsible for any expenses associated with
connecting a building service connection to the sewer lateral beyond the boundary of a
property.
Permit Required to Connect
(3)
No person shall connect a building on residential premises or industrial premises to the
sewerage system without first obtaining a permit from the Municipality.
Compulsory Connection
(4)
Where a sewerage system has been constructed within a street, the Municipality may
require a person to obtain a permit and connect to the sewerage system.
Mandatory Supervision by Engineer
(5)
No connection to the sewerage system shall be made except under the supervision of the
Engineer, and no building service connection shall be covered until it has been inspected
and approved by the Engineer.
(6)
Where a change occurs in the nature of sewage or wastewater discharged from industrial
premises, the owner or operator of the industrial premises must apply to the Engineer for
a new permit.
Permit Fees
(7)
Every person seeking to connect to the sewerage system shall pay a Sewer Permit Fee as
determined by Council from time to time by policy.
Connection Construction Requirements
(9)
Every person connecting to a sewerage system shall construct the building service
connection according to the requirements of the National Building Code of Canada, the
National Plumbing Code of Canada and the Standard Specifications for the Design and
Construction of Municipal Services in Colchester County.
(10)
In addition to the requirements contained in section 4.9, the following requirements shall
apply to all building service connections intended to connect to the sewerage system:
(a) No right-angle junctions shall be installed;
(b) The pipe shall have a uniform grade when laid, of a minimum of 2% or 20 mm per
meter length from the building towards the sewerage system;
(c) All pipe and fittings shall be constructed of gasketed Polyvinyl Chloride pipe (PVC)
with a minimum diameter of 100mm;
(d) A back-flow check valve shall be installed in the building service connection in an
accessible location; and
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(e) A clean-out of 100mm diameter PVC pipe shall be provided at the junction of the
building service connection to the sewer lateral at the boundary of the property. If
the building service connection is more than 30 metres long, clean-outs shall be
provided at a maximum of every 30 metres measured from the clean-out at the
property line.
Effect of Connection
(11)
Where a building has been connected to the sewerage system or the Municipality has
ordered a building to be so connected, Council may, by resolution, order the owners of
outhouses or septic tanks to remove such outhouses and to destroy or fill such septic
tanks as may be situated on the property containing the building.
Abandoning Existing Private Building Service Connections
(12)
When a private sewer is abandoned, the owner shall notify the Engineer and the owner
shall effectively block up the private sewer at the connection of the private sewer to the
building with an approved water tight seal.
(13)
Where the owner does not effectively block up a private sewer connection as required by
section 4.12 the Engineer may direct the owner to do so within twenty-four hours of
receipt of a notice from the Engineer requiring the owner to do so. If the owner fails to
abide by the direction of the Engineer within twenty-four (24) hours, the Engineer may
cause the same to be done and the cost of such work may be recovered from the owner,
with interest from the date of completion of the work until the date of payment, as a first
lien on the property upon which or for the benefit of which the work was done.
Service Lateral and Building Service Connection Maintenance
(14)
For building service connections for residential premises, the owner of the property shall
be responsible for maintenance and repairs of connections including maintenance and
repairs to clean-outs, back-flow check valves installed on the building service connection
and all associated permit fees and installation charges. An owner's responsibility to
maintain and repair connections includes:
(a) For conventional gravity sewers, where the building is connected to the sewerage
system through a service lateral, the owner's responsibility extends from the
property boundary to the service entrance to the building and includes all sewer
and wastewater plumbing and fixtures within the property and building; or
(b) For small diameter gravity sewers, where the building is connected to the
sewerage system through a solids separation tank, the owner's responsibility
extends from the building service connection with the solids separation tank to the
service entrance to the building and includes all sewer and wastewater plumbing
and fixtures within the property and building.
(15)
For sewer laterals for residential premises, the Municipality shall be responsible for
maintenance and repairs to the sewerage system, including sewer lateral extending from
the sewer main to the boundary of a property, except as provided in this clause. In
particular, the Municipality's responsibility to maintain and repair connections includes:
(a) For conventional gravity sewers, where properties are connected to the sewer
main by a sewer lateral 100 mm diameter in width or larger, the Municipality's
responsibility for maintenance and repairs shall be limited to the sewer lateral
from the sewer main up to the boundary of a property, save and except for the
removal of blockages preventing wastewater from a property from flowing into the
sewer main, the responsibility for which remains with the owner of such property,
unless the blockage is caused by a failure of the sewer lateral.
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(b) For small-diameter gravity sewers where the sewer lateral is terminated in a
solids-separation tank installed inside or outside of the boundary of a property, the
Municipality's responsibility for maintenance and repairs shall be limited to the
sewer lateral connecting the solids-separation tank to the small diameter sewer
main and the solids separation tank.
(c) For small-diameter gravity sewers where the sewer lateral is terminated in a
solids-separation tank installed within the boundary of a property, the installation
of the solids-separation tank and connection of the building service connection to
the tank by the property owner shall constitute an easement agreement between
the Municipality and the owner of the property, whereby the property owner shall
not
(i) prevent, hinder, obstruct or interfere in any way with the Engineer from
accessing the property at any reasonable time for the purpose of inspection
and maintenance of the solids-separation tank; or
(ii) construct or place any structure within three metres from any of the edges
of the solids-separation tank or three metres on either side of the sewer
lateral connecting the solids-separation tank with the sewerage system.
(d) The property owner shall, at the direction of the Engineer, promptly remove any
structure or other obstruction that prevents, hinders, obstructs or interferences
with inspection and maintenance of the solids-separation tank and sewer lateral
or other appurtenances connected to it.
(16)
For building service connections to industrial premises, the maintenance and repair of the
sewer lateral as well as the building service connection, from the building to the sewer
main including any clean-outs and back-flow check valves, shall be the responsibility of
the property owner whose property is serviced by the sewer lateral and building service
connection.
New Development and Connection to Sewage System
(17)
Where any development results in the laying out and construction of a new highway, street
or lane, and the developer seeks to construct an extension of the sewerage system to
service such development, that construction shall conform to the Standard Specifications
for the Design and Construction of Municipal Services in Colchester County, in addition to
applicable Federal and Provincial Regulations applicable to the public infrastructure
constructed by the developer.
(18)
A developer seeking to construct an extension of the sewerage system shall be
responsible for all costs of such development and extension of the sewerage system,
including any fee associated with obtaining necessary permits, connections and
installation charges.
(19)
Where an extension to the sewerage system is made by a developer in accordance with
this Part, the Municipality shall assume responsibility for the maintenance and repair of
the sewerage system extension, provided that:
(a) All roads in the subdivision must have been approved by the Municipality;
(b) All requirements of the Standard Specifications for the Design and Construction of
Municipal Services in Colchester County have been met and all items related to
the development as required in the said Standard Specifications for the Design
and Construction of Municipal Services in Colchester County have been provided
to the Municipality, including but not limited to "as-built" drawings conforming to
Municipality's drafting standards and requirements, video inspection report and
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proof that all such requirements have been satisfied certified by a licensed
professional engineer in a form satisfactory to the Engineer;
(c) The Engineer has reviewed the information provided by the developer pursuant to
section 4.19(b) and the Engineer has given its approval to the developer; and
(d) Title to the road or an easement to the road under which the extension to the
sewerage system is located has been granted in a manner satisfactory to the
Municipality.
(20)
After the Municipality has taken over an extension to the sewerage system, all subsequent
connections to the sewerage system will be made in accordance with this By-law.
Building Service Connection Charges - Residential Premises
(21)
Owners of residential premises, upon applying for a building service connection to the
sewerage system, shall pay:
(a) a Service Lateral Installation Charge as determined by Council from time to time
by policy, and this Service Lateral Installation Charge shall be payable upon
applying for a building service connection, provided, however, that a Service
Lateral Installation Charge shall not be payable if a sewer lateral already exists
from the sewerage system to the boundary of the property and is capable of being
utilized for providing building service connection to the building; and
(b) a Sewage Disposal Capital Charge as determined by Council from time to time by
policy, which shall be payable upon applying for a building service connection.
Industrial Premises Bear Installation Costs
(22)
Owners of industrial premises shall be responsible for all costs associated with
installation of a sewer lateral from the sewerage system to the boundary of the property to
be connected, as follows:
(a) If the sewer lateral is installed and completed by the Municipality, the owner shall
reimburse to the Municipality its actual costs incurred for providing the sewer
lateral, including but not limited to costs of material, labour and supervision, and
such costs shall be payable within thirty days of the rendering of an invoice to the
owner by the Municipality and, in the event of non-payment, shall be a first lien on
the property upon which or for the benefit of which the work was done; or
(b) If the installation of the sewer lateral is completed by the owner, the construction
of the sewer lateral shall be carried out at the owner's cost but, as noted
elsewhere in this By-law, under the supervision of the Engineer.
Building Service Connection Charges - Industrial Premises
(23)
Owners of industrial premises, upon applying for a building service connection to the
sewerage system, shall pay a Sewage Disposal Capital Charge as determined by Council
from time to time by policy, and the Sewage Disposal Capital Charge shall be payable
upon applying for a building service connection.
Building Service Connection Charges - New Developments
(24)
A developer who constructs an extension of the sewerage system to service a new
development shall pay a connection fee for connecting to the sewerage system as
determined by Council from time to time by policy, and the connection fee shall be
payable:
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(a) in full, prior to connection of new development to the sewerage system; or
(b) by installments each and every time the Municipality assumes responsibility for a
section of newly developed street, the amount of installment being pro-rated by
the number of properties having frontage on the newly developed street section.
Discharge to Sewerage System
Prohibited Discharge
5. (1)
No person shall discharge into a sewerage system or wastewater facilities, sewage or
wastewater which causes or may cause:
(a) A health or safety hazard;
(b) An offensive odour or foam to emanate from wastewater facilities, the sewerage
system and/or the sewerage system;
(c) Damage to the sewerage system and/or wastewater facilities;
(d) An obstruction, restriction or other interference with the flow of or proper
operation of wastewater facilities, the sewers and/or the sewerage system;
(e) Interference with the operation and maintenance of wastewater facilities, the
sewers and/or the sewerage system;
(f)
A restriction of the beneficial use of biosolids from the Municipality's wastewater
facilities;
(g) Effluent from the Municipality's wastewater facilities which is in violation of any
Provincial or Federal legislation.
(2)
No person shall discharge into a sewerage system or wastewater facilities, sewage or
wastewater with any one or more of the following characteristics:
(a) pH less than 5.5 or greater than 9.5;
(b) Substance or substances containing two or more separate liquid layers; or
(c) Temperature greater than 65 degrees Celsius.
(3)
No person shall discharge into a sewerage system or wastewater facilities, sewage or
wastewater containing one or more of the following:
(a) Combustible liquids;
(b) Fuel;
(c) Hauled wastewater, leachate or waste from septic tanks, except where written
permission from the Municipality has been obtained;
(d) Inflammable or explosive matter;
(e) Sewage or wastewater containing dyes or colouring materials which pass through
wastewater facilities and discolour wastewater facilities their effluent and/or
impact the ability to treat the wastewater;
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(f)
Pathological waste in any quantity;
(g) Waste containing herbicides, pesticides, xenobiotics, polychlorinated biphenyls
(PCBs) or waste radioactive materials in concentrations greater than those
permitted for release into the environment by Federal Regulations and Provincial
Regulations;
(h) Any waste classified as hazardous waste; or
(i)
any other substances as may be determined by Council from time to time by
policy.
(4)
No person shall discharge into a sewerage system or wastewater facilities, sewage or
wastewater containing a substance in concentration exceeding any of the limits as set out
in policy as determined by Council from time to time.
(5)
No person shall discharge cooling water or uncontaminated water into a sewerage or
wastewater facilities unless the discharge has been permitted by the Municipality.
No Dilution
(6)
No person shall discharge into a sanitary sewer or wastewater facilities, sewage or
wastewater under circumstances where water has been added for the purpose of dilution
of such sewage or wastewater to achieve compliance with this By-law.
Separate Offences
(7)
The presence in sewage or wastewater of any one of the matters in sections 5.1 through
5.5 in a concentration in excess of its limits constitutes a separate offence.
Obligation to Disclose Discharge
(8)
On request of the Engineer, any person who is permitted to discharge sewage or
wastewater to the sewerage system shall disclose the nature of any sewage or
wastewater discharged to the sewerage system within 48 hours of receiving such a
request from the Engineer.
(9)
Disclosure pursuant to section 5.8 shall include a comprehensive description of all
sewage or wastewater discharged to the sewerage system within the time period specified
by the Engineer, including but not limited to the quantity or volume of such sewage or
wastewater and frequency of discharge, and if required by the Engineer, shall include an
independent analysis of the sewage or wastewater discharged to the sewerage system
conducted by an Accredited Laboratory.
Offence to Fail to Disclose
(10)
A failure to disclose pursuant to sections 5.8 and 5.9 shall be an offence, and each day
that a person fails to disclose pursuant to sections 5.8 and 5.9 constitutes a separate
offence.
Obligation to Give Notice of Potentially Prohibited Discharge
(11)
Where a person intends to discharge sewage or wastewater into the sewerage system
which they know or reasonably ought to know is prohibited pursuant to this By-law, that
person shall advise the Engineer in advance of such discharging such sewage or
wastewater and provide the Engineer an opportunity to evaluate whether or not the
concerning sewage or wastewater may or may not be discharged into the sewerage
system in accordance with section 5.12 of this Part.
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Engineer Action where Prohibited Discharge Occurs or is Proposed to Occur
(12)
Where sewage or wastewater is discharged or proposed to be discharged, to the sewerage
system and such sewage or wastewater contains the matters prohibited by this By-law,
the Engineer may do any of the following:
(a) Reject the discharge of sewage or wastewaters and discontinue access to the
sewerage system until adequate measures are undertaken by the person
discharging or proposing to discharge such sewage or wastewaters to comply with
this By-law and to avoid recurrence of non-compliance with this By-law, which may
include entering into a Wastewater Discharge Compliance Agreement pursuant to
Part 12 of this By-law, if required by the Engineer;
(b) Require pre-treatment of the sewage or wastewaters as a condition for discharge
to the sewerage system to the satisfaction of the Engineer by way of installing and
utilizing a pre-treatment facility pursuant to Part 10 of this By-law;
(c) Exert control over the quantities or rates of discharge of the sewage or
wastewater;
(d) Levy a charge to cover the expenses associated with handling or treating the
sewage or wastewater where such sewage or wastewater is extra strength
wastewater by way of a Wastewater Extra Strength Surcharge Agreement pursuant
to Part 13 of this By-law.
Engineer May Stop and Close Up to Prevent Discharge
(13)
The Engineer shall have the power to stop and close up and prevent from discharging into
the sewerage system,
(a) any private sewer or drain, or
(b) building service connections and any other part of the sewerage system
through which substances are discharged or into which substances are thrown, deposited,
or supposed to be put, prohibited by this By-law or which are liable to injure the sewers or
obstruct the flow of sewage, however the Engineer shall not cause any sewer to be closed
up pursuant to this sub-section unless the owner of the sewer is first notified and given an
opportunity to be heard by the Engineer, provided that the urgency of the circumstances
enables the Engineer to give such notice and opportunity to be heard.
Discharge to Storm Water System
6. (1)
Except as otherwise permitted in this By-law or where permission has been obtained
from the Municipality, no one shall discharge any matter other than uncontaminated
water or storm water into a storm sewer.
Oil and Grease Interceptors
Interceptors Required
7. (1)
Every owner or operator of a restaurant or other industrial premises where food is
cooked, processed or prepared and which are is connected directly or indirectly to the
sewerage system shall take all necessary measures to ensure that oil and grease are
prevented from entering the sewerage system in excess of the provisions of this By-law.
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(2)
The owner or operator of a restaurant or other industrial premises as set out in this Part
shall, at its own expense, install, operate and properly maintain an interceptor in any
piping system at its industrial premises that connects directly or indirectly to the sewerage
system.
(3)
An interceptor installed pursuant to this Part shall be installed in compliance with the
most current requirements of the National Building Code of Canada as well as the most
current requirements of the CAN/CSA B-481.
Maintenance of Interceptor Required
(4)
An interceptor installed pursuant to this Part shall be maintained and kept in good
working condition at all times and in accordance with the manufacturer
recommendations, at the expense of the owner or operator of the industrial premises, and
in doing so the owner or operator of the industrial premises shall:
(a) Establish and post maintenance requirements for the interceptor at the workplace
in reasonable proximity to the interceptor, which shall include a schedule for the
regular maintenance of the interceptor;
(b) Establish and post cleaning requirements for the interceptor, which shall include a
schedule for the regular cleaning of the interceptor and proper directions as to the
disposal of the waste captured by the interceptor;
(c) Maintain a complete record of all maintenance, cleaning and waste disposal
from each and every interceptor installed at the premises, which shall be
maintained for no less than two years; and
(d) Make available to the Engineer the established and posted maintenance, cleaning
and disposal requirements and the record of maintenance, cleaning and disposal
from each and every interceptor, upon the Engineer's request.
Emulsifiers and Facilitating Agents Prohibited
(5)
Emulsifiers shall not be discharged to the sewerage system by way of an interceptor.
(6)
No person shall use enzymes, bacteria, solvents, hot water or any other agents to
facilitate the passage of matter through an interceptor.
Removal of Retained or Trapped Matter
(7)
Removal of retained or trapped matter in an interceptor shall be achieved by pumping or
other physical means and shall be hauled away and disposed of as required by law, and
the owner or operator shall:
(a) Maintain a comprehensive record of such disposal of materials for no less than
two years for each interceptor installed, and
(b) Make the comprehensive record(s) of such disposal available to the Engineer
upon request.
Request for Inspection by Engineer
(8)
Any reasonable request for inspection of interceptors by the Engineer shall be granted by
the owner or operator of any industrial premises to which this Part applies.
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No Discharge from Interceptors into Storm Sewer
(9)
No interceptor installed, operated and maintained pursuant to this Part shall discharge
into a storm sewer.
Vehicle and Equipment Service Interceptors
Interceptors Required
8. (1)
Every owner or operator of a vehicle or equipment service station, repair shop or garage
or of other industrial premises or any other establishment where motor vehicles are
repaired, lubricated or maintained and where the wastewater discharge is directly or
indirectly connected to the sewerage system shall install an interceptor designed to
prevent motor oil and grease from passing into the sewerage system in excess of the
limits in this By-law.
(2)
The owner or operator of an establishment or other industrial premises as set out in this
Part shall install, operate and properly maintain an interceptor in any piping system at its
industrial premises that connects directly or indirectly to a sewerage system.
(3)
The owner or operator of an establishment or other industrial premises obliged to install,
operate and maintain an interceptor shall be responsible for cleaning such interceptor
and shall dispose of all matter captured by the interceptor as required by law.
Maintenance of Interceptors Required
(4)
An interceptor installed pursuant to this Part shall be installed in compliance with the
most current requirements of National Building Code of Canada and be maintained as
recommended by the Canadian Petroleum Products Institute (CPR).
(5)
An interceptor installed pursuant to this Part shall be maintained and kept in good
working condition at all times and in accordance with the manufacturer's
recommendations, at the expense of the owner or operator of the industrial premises, and
in doing so the owner or operator of the industrial premises shall:
(a) Establish and post a regular inspection schedule designed to ensure that the
interceptor is regularly maintained to the manufacturer's specifications for
performance and to ensure surface oil and sediment levels do not exceed the
recommended level;
(b) Establish and post maintenance requirements for the interceptor at the industrial
premises in reasonable proximity to the interceptor, which shall include a
schedule for the maintenance of the interceptor;
(c) Establish and post regular cleaning requirements for the interceptor, which shall
include a schedule for the regular cleaning of the interceptor and proper direction
as to the disposal of the waste captured by the interceptor;
(d) Maintain a complete record of all maintenance, cleaning and waste disposal from
each and every interceptor installed at the premises, which shall be maintained
for no less than two years; and
(e) Make available to the Engineer the established and posted maintenance, cleaning
and disposal requirements, and the record of maintenance, cleaning and disposal
from each and every interceptor, upon the Engineer's request.
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Emulsifiers and Facilitating Agents Prohibited
(6)
Emulsifiers shall not be discharged to the sewerage system by way of an interceptor.
(7)
No person shall use enzymes, bacteria, solvents, hot water or other agents to facilitate the
passage of matter through an interceptor.
Removal of Retained or Trapped Materials
(8)
Removal of retained or trapped materials shall be achieved by pumping or other physical
means and shall be hauled away and disposed of as required by law, and the owner and
operator shall:
(a) Maintain a comprehensive record of such disposal of materials two years for each
interceptor installed, and
(b) Make the comprehensive record(s) of such disposal available to the Engineer
upon request.
Request for Inspection by Engineer
(9)
Any reasonable request for inspection of interceptors by the Engineer shall be granted by
the owner or operator of any industrial premises to which this Part applies.
No Discharge from Interceptor into Storm Sewer
(10)
No interceptor installed, operated and maintained pursuant to this Part shall discharge
into a storm sewer.
Sediment Interceptors
9. (1)
Every owner or operator of vehicle or equipment service station, repair shop or garage
or of industrial premises or any other establishment from which sediment may directly or
indirectly enter the sewerage system, including but not limited to premises using a ramp
drain or area drain and vehicle wash establishments, shall take all necessary measures
to ensure that such sediment is prevented from entering the drain or sewer in excess of
the limits in this By-law.
(2)
Catch basins or other receptacles installed on private property for the purposes of
collecting storm water or other run-off water and carrying it into the storm sewer system
shall:
(a) be equipped with a sediment interceptor, if required by the Engineer;
(b) be installed in a manner that complies with the Standard Specifications for the
Design and Construction of Municipal Services in Colchester County, as may be
amended from time to time.
(3)
All sediment interceptors equipped pursuant to section 9.2 of this Part shall be
maintained and kept in good working order by the owner or operator of the premises
17
according to manufacturer's recommendations and shall be inspected regularly to ensure
performance is maintained to the manufacturer's specifications for performance.
(4)
Removal of retained or trapped materials shall be achieved by pumping or other physical
means and shall be hauled away and disposed of as required by law, and the owner or
operator shall:
(a) Maintain a comprehensive record of such disposals of materials for no less than
two years for each sediment interceptor installed; and
(b) Make the comprehensive record(s) of such disposal of materials available to the
Engineer upon request.
(5)
Any reasonable request for inspection of sediment interceptors by the Engineer shall be
granted by the owner or operator of any industrial premises to which this Part applies.
Wastewater Pre-Treatment Facilities
Wastewater Pre-Treatment Facility Required by Engineer
10. (1)
Where required by the Engineer, an owner shall install a wastewater pre-treatment
facility on its property at a location designated by the Engineer, which will treat sewage
and wastewater prior to discharge into the sewerage system and achieve any and all other
pre-treatment objectives which may be identified by the Engineer as necessary on a case-
by-case basis.
Owner's Obligation to Ensure Proper Design, Operation and Maintenance of the Wastewater Pre-
Treatment Facility
(2)
The owner shall ensure the design, operation and maintenance of the wastewater pre-
treatment facility is conducted in accordance with the manufacturer recommendations
and properly treats sewage and wastewater prior to discharge into the sewerage system,
and which achieves any and all pre-treatment objectives identified by the Engineer, and in
particular, the owner and operator shall:
(a) Ensure that all electronic sensors installed to monitor the effluent quality at the
wastewater pre-treatment facility automatically and/or all electronic devices and
testing equipment used to monitor the effluent quality manually are calibrated no
less than once per year, and maintain a comprehensive record of such calibration
for a period of no less than five years;
(b) Ensure any waste from the wastewater pre-treatment facility are disposed of as
required by law, and maintain a comprehensive record of all such waste from the
wastewater pre-treatment facility and its disposal for a period of no less than five
years;
(c) Retain any and all documentation pertaining to operation and maintenance of the
wastewater pre-treatment facility for a period of no less than five years; and
(d) Upon request of the Engineer, make such comprehensive records and
documentation available for inspection by the Engineer.
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Surcharges and Penalties for Failure to Property Design, Operate and Maintain Wastewater Pre-
Treatment Facility
(3)
Upon failure of an owner or operator to properly design, operate and maintain the
wastewater pre-treatment facility in accordance with this Part, the Municipality may levy a
surcharge and a penalty for untreated wastewater discharged into the sewerage system
against the owner of the property.
Removal of Retained or Trapped Materials
(4)
Removal of retained or trapped materials shall be achieved by pumping or other physical
means and shall be hauled away and disposed of as required by law.
Request for Inspection by Engineer
(5)
Any reasonable request for inspection of the wastewater pre-treatment facility by the
Engineer shall be granted by the owner of the property.
Wastewater Survey Report
Wastewater Survey Report Required of Industrial Premises
11. (1)
No person shall discharge sewage, wastewater, cooling water, uncontaminated water or
any combination thereof from industrial premises to wastewater facilities of the
Municipality, including such discharge as may be described as a spill, without first
submitting a Wastewater Survey Report to the Municipality and receiving approvals
pursuant to this Part.
(2)
Where a person seeks to discharge sewage, wastewater, cooling water, uncontaminated
water or any combination thereof from industrial premises to wastewater facilities of the
Municipality, the owner or operator of the industrial premises shall first:
(a) submit to the Municipality a Wastewater Survey Report in such form as is
approved from time to time by the Engineer;
(b) receive an approval issued by the Engineer permitting the discharge of such
sewage, wastewater, cooling water, uncontaminated water or any combination
thereof into the wastewater facilities of the Municipality; and
(c) receive any and all other approval(s) as may be required from other regulatory
authorities for the lawful discharge of sewage, wastewater, cooling water,
uncontaminated water or any combination thereof sought to be discharged from
the industrial premises.
(3)
If a person has been discharging sewage, wastewater, cooling water, uncontaminated
water or any combination thereof from industrial premises to wastewater facilities of the
Municipality, prior to the enactment of this By-Law, that owner or operator of the industrial
premises shall comply with the requirements set out sections 11.2 within seven (7) days
of receiving written notice from the Municipality that a Wastewater Survey Report is
required of the industrial premises.
Wastewater Survey Report Required of Spills
(4)
Where any person intends to cause a spill on residential premises or industrial premises,
that person shall:
19
(a) submit to the Municipality a Wastewater Survey Report in such form as is
approved from time to time by the Engineer;
(b) receive an approval issued by the Engineer permitting the spill into the wastewater
facilities of the Municipality; and
(c) receive any and all other approval(s) as may be required from other regulatory
authorities for the lawful discharge of sewage, wastewater, cooling water,
uncontaminated water or any combination thereof sought to be discharged from
the industrial premises.
(5)
Where a person unintentionally causes a spill on residential premises or industrial
premises, that person shall submit a Wastewater Survey Report in such form is as
approved from the time to time by the Engineer within forty-eight (48) hours of causing the
spill.
Obligation to Notify Municipality of Change to Information in Wastewater Survey Report
(6)
A person who has submitted a Wastewater Survey Report pursuant to this Part shall give
written notice to the Municipality of any changes to the information reported to the
Municipality pursuant this Part within seven (7) days of such a change.
Offence
(7)
A failure to comply with this Part shall be an offence, and each day that a person fails to
comply with this Part constitutes a separate offence.
Wastewater Discharge Compliance Program and Compliance Agreement
Wastewater Discharge Compliance Program for the Planning, Design, Construction or Installation of
Facilities at Industrial Premises
12. (1)
A Wastewater Discharge Compliance Program may be issued by the Engineer
pursuant to this Part for the discharge of a non-complying sewage, wastewater,
effluent or other discharge during periods of planning, design, construction or
installation of facilities to eliminate the noncompliance with the limits prescribed
herein.
(2)
The owner or operator of industrial premises may submit to the Engineer a proposed
Wastewater Discharge Compliance Program to eliminate, prevent or to reduce and control
the discharge of non-compliant sewage, wastewater or effluent to the sewerage system or
storm sewers.
(3)
The proposed Wastewater Discharge Compliance Program shall be in such form as is
approved from time to time by the Engineer and shall be signed by person submitting the
proposed Wastewater Discharge Compliance Program and the Engineer.
(4)
The Engineer may, in their discretion, issue or refuse to issue an approval for a
Wastewater Discharge Compliance Program to the person who submitted the proposed
Wastewater Discharge Compliance Program. Where an approval has been issued by the
Engineer, the person who submitted the proposed Wastewater Discharge Compliance
Program shall be authorized to execute such programs under the authority of this By-Law.
(5)
Every Wastewater Discharge Compliance Program shall be for a fixed period of time during
which the facilities are to be planned, designed, constructed and installed and shall:
20
(a) identify the dates of commencement and completion for each significant activity
of the planning, design, construction and installation of the facilities, and the final
activity to be completed shall be completed no later than the final compliance
date of the Wastewater Discharge Compliance Program;
(b) identify the materials or other characteristics of the non-complying sewage
wastewater or other discharge to which it relates, including the nature, quantity
and frequency of such discharge at the various stages of the Wastewater
Discharge Compliance Program; and
(c) specify the remedial actions to be implemented at the various stages of the
Wastewater Discharge Compliance Program.
(6)
The person to whom an approval for a Wastewater Discharge Compliance Program has
been issued shall submit a Compliance Program Progress Report within fourteen (14)
days after the scheduled completion dates for each activity identified by the Wastewater
Discharge Compliance Program, and the Compliance Program Progress Report shall be in
such form as is approved from time to time by the Engineer.
(7)
The person to whom the Wastewater Discharge Compliance Program has been issued
shall immediately provide written notice to the Municipality of any change in sewage or
wastewater discharged or intending to be discharged as may be governed by the terms
and conditions of the Wastewater Discharge Compliance Program.
Controlled Release of Non-Compliant Discharge by Municipality
(8)
In this By-Law,
(a) Nothing shall be construed as impairing the right of the Municipality to accept
delivery at wastewater facilities owned by the Municipality of waste, sewage,
wastewater or other discharge which would not comply with the specifications
contained in this By-Law for controlled release by the operator of the
Municipality's wastewater facilities.
(b) Notwithstanding subsection 12.8(a), the Municipality shall not accept delivery of
or release or permit the release of any waste, sewage, wastewater or other
discharge which is prohibited by Part XIV the Municipal Government Act (Nova
Scotia).
Wastewater Discharge Compliance Agreement for Non-Compliance upon coming into force of By-Law
or any time thereafter
(9)
Where, at the coming into force of this By-law or any time thereafter, a discharger into the
sewerage system is not in compliance with this By-Law, the Engineer may enter into a
Wastewater Discharge Compliance Agreement with the discharger to provide a plan for
achieving compliance with this By-Law within a specified time.
(10)
The Wastewater Discharge Compliance Agreement pursuant to section 12.9 shall:
(a)
Be of a fixed term;
(b)
Include interim limits and perimeters for non-compliant discharge which shall
be temporarily permitted at specified periods as identified by the Wastewater
Discharge Compliance Agreement; and
(c)
Contain reporting requirements to the Engineer at specified intervals as to
the progress towards achieving compliance with this By-law.
21
(11)
During the term of the Wastewater Discharge Compliance Agreement, the discharger shall
be exempt from those and only those provisions of this By-Law as identified in the
Wastewater Discharge Compliance Agreement, provided that all of the conditions of the
Wastewater Discharge Compliance Agreement are satisfied by the discharger while the
Wastewater Discharge Compliance Agreement is in effect.
(12)
The person to whom the Wastewater Discharge Compliance Agreement has been issued
shall immediately provide written notice to the Municipality of any change in sewage or
wastewater discharged or intending to be discharged as may be governed by the terms
and conditions of the Wastewater Discharge Compliance Agreement.
(13)
The Wastewater Discharge Compliance Agreement may be terminated with forty-eight (48)
hours' notice by the Municipality at any time where the terms and conditions of the
agreement are not being met by the discharger subject to the Wastewater Discharge
Compliance Agreement, and upon termination, the discharger shall be required to fully
comply with all provisions of this By-law as if a Wastewater Discharge Compliance
Agreement had never been entered into.
Wastewater Extra Strength Surcharge Agreement
Wastewater Extra Strength Surcharge Agreement may be Entered Into
13. (1)
Where the Engineer chooses to levy a charge to cover the expenses associated with
handling or treating sewage or wastewater which is not in compliance with this By-law
by way of a Wastewater Extra Strength Surcharge Agreement as a means to permit
discharge of extra strength wastewater by a discharger, all of the provisions of this
Part shall apply.
(2)
The Wastewater Extra Strength Surcharge Agreement may include terms and conditions
with respect to the permitted non-compliant discharge, including but not limited to:
(a) the duration of the Wastewater Extra Strength Surcharge Agreement;
(b) specific discharge limits to which the person subject to the Wastewater Extra
Strength Surcharge Agreement must comply;
(c) specific direction as to how the discharge is permitted by the person subject to the
Wastewater Extra Strength Surcharge Agreement; and
(d) the manner in which the Municipality shall recover costs incurred by the
Municipality on collection, pumping, treatment and discharge of the extra-strength
wastewater from the discharger subject to the Wastewater Extra Strength
Surcharge Agreement.
(3)
Where a person has entered into a Wastewater Extra Strength Surcharge Agreement, that
person shall immediately notify the Municipality in writing of change or anticipated change
in the information provided pursuant to the Wastewater Survey Report, following which
the Engineer shall assess the impact of the change or anticipated on the Wastewater
Extra Strength Surcharge Agreement and whether or not the Wastewater Extra Strength
Surcharge Agreement may continue.
Termination of Wastewater Extra Strength Surcharge Agreement
(4)
A Wastewater Extra Strength Surcharge Agreement may be terminated by the Municipality
at any time upon providing written notice to the person subject to the Wastewater Extra
Strength Surcharge Agreement, for reasons including but not limited to an emergency and
immediate threat of danger to any person, property, plant or animal life, water or
wastewater facilities.
22
(5)
If at any time the terms and conditions of the Wastewater Extra Strength Surcharge
Agreement are not met, the Municipality shall notify the person subject to the Wastewater
Extra Strength Surcharge Agreement in writing that compliance with the Wastewater Extra
Strength Surcharge Agreement is required within seven (7) days of receipt of a notice from
the Municipality that compliance is required, the failure of which may result in the
Municipality terminating the Wastewater Extra Strength Surcharge Agreement without
further notice to the person subject to the Wastewater Extra Strength Surcharge
Agreement.
Wastewater Discharge Self-Monitoring and Testing
Monitoring, Flow Metering and Sampling by Person Discharging
14. (1)
The Municipality may require the person discharging sewage or wastewater to the
sewerage system and wastewater facilities of the Municipality to undertake
monitoring, flow metering, or sampling of any such discharge, and to provide the
results of such monitoring, flow metering or sampling to the Municipality to
demonstrate compliance with this By-law.
(2)
Where sampling is required for the purposes of determining the concentration of
substances in discharge the samples may:
(a) Be collected manually or by using an automatic sampling device;
(b) Contain additives for its preservation; and
(c) Be collected by grab sample or composite or sequential samples, and all tests,
measurements and analyses as may be required by the Municipality shall be
carried out in accordance with "Standard Methods" and by an Accredited
Laboratory.
(3)
Where a person discharging sewage or wastewater is required to undertake monitoring,
flow metering or sampling in accordance with section 14.1, the expense of such
monitoring, flow metering or sampling, and the provision of the results of such monitoring,
flow metering or sampling to the Municipality, shall be borne by the discharger.
(4)
With respect to equipment and devices used for monitoring, flow measuring or sampling:
(a) All equipment and devices used for monitoring, flow measuring or sampling shall
be kept in good working order and maintained according to the manufacturer
recommendations, and calibrated each year at the expense of the owner of such
equipment or devices; and
(b) Records of such maintenance and calibration activities shall be maintained by the
owner and retained for a period of no less than five (5) years and shall be
provided to the Engineer upon request.
Monitoring, Flow Metering and Sampling by Municipality
(5)
The Engineer may from time to time enter any premises and conduct any monitoring, flow
metering and sampling as may be deemed necessary by the Engineer.
(6)
The expense of any monitoring, flow metering and sampling conducted by the Engineer
pursuant to section 14.5 shall be borne by the Municipality.
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Wastewater Monitoring Access Point
15. (1)
The Engineer may require the installation of a monitoring access point or the
upgrading of an existing monitoring access point, for any building service connection
to the sewerage system for the purpose of monitoring, flow metering or sampling
discharges to the sewerage system by way of such building service connections.
(2)
A monitoring access point under this Part shall be:
(a) Located on the property on which the connection for which a monitoring access
point is being installed, unless the Engineer permits an alternative location;
(b) Constructed and maintained at the expense of the owner of the property on which
the building service connection for which a monitoring access point is being
installed;
(c) Accessible at all times by the Engineer;
(d) Constructed in a manner directed by the Engineer; and
(e) Maintained at the expense of the owner of the property on which the building
service connection for which a monitoring access point is being installed to ensure
unobstructed access, structural integrity and safety of those accessing the
monitoring access point.
(3)
Where the installation of a monitoring access point is not possible or practicable, the
Engineer may approve an alternative device, facility or location to enable monitoring, flow
metering and sampling of discharge to a sewerage system from a particular building
service connection.
Spills to the Wastewater System
16. (1)
In the event of a spill to the sewerage system, storm water system or wastewater
facilities, or in the event of a spill which may enter the sewerage system, storm water
system or wastewater facilities, the person responsible for the spill or the person
having the charge, management and control of the spill shall immediately notify and
provide any requested information with regard to the spill as follows:
(a) If there is any immediate danger to human health or safety, to all appropriate local
emergency services;
(b) After all appropriate local emergency services have been notified pursuant to
section 16.1(a), or if there is no immediate danger to human health or safety
requiring local emergency services to be notified first, to:
(i)
The Municipality;
(ii) The owner of the property where the spill occurred; and
(iii) Any other person whom the person responsible for the spill or the person
having the charge, management and control of the spill knows or ought to
know may be directly affected by the spill.
(2)
Within five (5) business days of a spill, the person responsible for the spill or the person
having the charge, management and control of the spill shall provide a detailed report of
the spill to the Municipality, which shall contain the following information to the best of
their knowledge:
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(a) The date, time and location of the spill;
(b) Name and telephone number of the person who reported the spill and the
location and time where they can be contacted;
(c) Material spilled;
(d) Characteristics and composition of material spilled;
(e) Volume of material spilled;
(f)
Duration of spill event;
(g) Work completed and any work still in progress in the mitigation of the spill;
(h) Preventive actions being taken to ensure a similar spill does not occur again; and
(i)
Copies of applicable spill prevention and spill response plans.
(3)
The person responsible for the spill or the person having the charge, management and
control of the spill shall do everything reasonably possible to contain the spill, to protect
the health and safety of citizens, to minimize damage to property, to protect the
environment, to clean up the spill and contaminated residue and to restore the affected
area to its condition prior to the spill, and the expense of such action shall be borne by
the person responsible for the spill.
(4)
The Municipality may invoice the person responsible for the spill to recover any costs of
time, materials and services incurred by the Municipality as a result of any response
required by the Municipality to clean and remediate the spill, and the person responsible
for the spill shall pay the invoice in full within thirty (30) days of receiving such invoice.
(5)
In addition to the obligations set out in this Part, the Municipality may require the person
responsible for the spill to prepare and submit a spill contingency plan to the Municipality
to indicate how the risk of future incidents will be reduced and how future incidents will be
addressed.
Cross Connection of Wastewater Discharges to Storm Water Systems
17. (1)
No person shall connect, cause or allow to be connected, or cause or allow to remain
connected to the storm water system any sewers, piping, fixtures, fitting or appliance
in a manner which may allow sewage, wastewater, or any other liquid or waste to
enter or flow into the storm water system, without the express written consent of the
Municipality.
(2)
Where, in the opinion of the Engineer, there may be a risk of sewage, wastewater or any
other liquid or waste entering or flowing into the storm water system, the Engineer may
require a person to install or remove one or more fittings or appurtenances at any point in
an owner's building service connection to prevent such entrance or flow as directed by the
Engineer, the expense of which shall be borne by the owner directed to install such fittings
or appurtenances.
(3)
The Municipality may enter a property for the purpose of conducting investigations or tests
to locate cross connections or potential cross connections which may allow sewage,
wastewater, or any other liquid or waste to enter or flow into the storm water system.
Cross Connection of Storm Water Discharges to Sanitary Systems
18. (1)
No person shall, without the express written consent of the Municipality:
25
(a) Connect, cause or allow to be connected, or cause or allow to remain connected to
the sewerage system or wastewater facilities any sewers, piping fixtures, fittings or
appliances in a manner which may allow storm water, surface water, ground
water, roof runoff or subsurface drainage to enter or flow into the sewerage
system;
(b) Connect a sump pump to the sewerage system.
(2)
Where, in the opinion of the Engineer, there may be a risk of storm water, surface water,
ground water, roof runoff or subsurface drainage entering or flowing into the sewerage
system, the Engineer may require an owner to install or remove any fittings or
appurtenances at any point on a building service connection or to repair or replace the
building service connection, the expense of which shall be borne by the owner required to
install or remove such fittings or appurtenances or repair or replace the building service
connection.
(3)
The Engineer may enter a property for the purpose of conducting investigations or tests to
locate cross connections or potential cross connections which may allow storm water,
surface water, ground water, roof runoff or subsurface drainage entering or flowing into
the sewerage system.
General
Where Discharge Permitted
19. (1)
No person shall discharge sewage or wastewater anywhere except into wastewater
facilities, private on-site sewage systems or private central sewage collection and
treatment systems.
Protection from Damage
(2)
No person shall open, uncover, break, alter, damage, destroy, deface or tamper or cause
or permit the opening, uncovering, breaking, altering, damaging, destroying, defacing or
tampering of:
(a) Any part of the sewerage system or storm sewer system; or
(b) Any permanent or temporary device installed in the sewerage system or storm
sewer system for the purpose of monitoring, flow measuring, sampling or
gathering of related information.
Work on Sewerage System or Storm Sewer System only with Authorization of Engineer
(3)
No work shall be carried out on any portion of the sewerage system or storm sewer
system unless authorization is first received from the Engineer.
Liability for Supply of Service
(4)
The Municipality shall not be deemed to guarantee an uninterrupted wastewater service,
and consequently the Municipality shall not be liable for any damage, direct or
consequential, loss or liability or injury caused or done by reason of the interruption of the
wastewater service, intermittent flow of the wastewater facilities or flooding of basements
as a result of stoppages or interruption in the wastewater facilities for any cause or
reason.
26
Transition
(5)
Any request for connection or request for proposed discharge into the sewerage system
commenced prior to the date of the coming into force of this By-law, and which are
undecided as of the coming into force of this By-law, shall be deemed to be new requests
for connection or for proposed discharge commenced as of the date of the coming into
force of this By-law, and shall be decided in accordance with this By-law.
Appeals
Appeals to the Committee
20. (1)
Where a decision is made by the Engineer pursuant to section 5.12 of this By-law, an
appeal shall lie to the Appeals Committee, and on such appeal the Committee shall
uphold, reverse or vary the decision.
(2)
All other decisions made by the Engineer pursuant to this By-law shall be final.
(3)
The Appeals Committee shall be delegated with the authority of Council pursuant to this
By-law.
Appeal Not Suspension or Stay of Decision
(4)
The filing of an appeal pursuant to this Part does not suspend or stay the decision of the
Engineer, and decision of the Engineer remains in full force and effect unless and until it
is varied or reversed by the Appeals Committee.
Filing and Hearing of Appeal
(5)
An appeal shall be filed in written form with the Chief Administrative Officer, and the
Appeals Committee shall hear the appeal in accordance with the policies and procedures
of the Committee.
(6)
The right of appeal provided by this Part shall expire fifteen (15) days after the date of the
Engineer's decision.
Enforcement, Penalties and Offenses
Right of Entry of the Municipality
21. (1)
No person shall prevent, hinder, obstruct or interfere in any way with the Engineer
from:
(a)
At any reasonable time, entering in or upon property or dwelling those being used
as a domestic residence or dwelling;
(b)
Conducting such tests or taking such samples as the Engineer deems necessary;
(c)
Inspecting or observing any plant, machinery, equipment, work, activity or
documents.
Responsibility for Compliance with By-law on Person
(2)
Any person discharging to the sewerage system shall be responsible for ensuring that
such discharge at all times conforms with this By-Law and shall be liable for any damage
or expense arising out of his or her failure to properly ensure such discharge at all times
complies with this By-law, including the cost of investigating, repairing or replacing any
27
part of any municipal property, facilities or infrastructure related to the sewerage system
and storm sewer system.
Expenses Incurred by Municipality
(3)
Any expenses or charges incurred by the Municipality in relation to a person's failure to
comply with this By-law shall be recoverable from the person by the Municipality as a lien
against that person's property pursuant to section 507 of the Municipal Government Act.
Contravention
(4)
Any person who contravenes any provision of this By-law is punishable on summary
conviction as follows:
(a) for a first offence, by a fine of not less than $100.00 and not more than
$25,000.00 and in default of payment to imprisonment for a term of not more
than ninety (90) days;
(b) for a second offence, by a fine of not less than $1,000.00 and not more than
$35,000.00 and in default of payment to imprisonment for a term of not more
than ninety (90) days; and
(c) for a third or subsequent offence, by a fine of not less than $5,000.00 and not
more than $50,000.00 and in default of payment to imprisonment for a term of
not more than ninety (90) days.
THIS IS TO CERTIFY, that amendments to Chapter 29 - Sewer Use By-law was duly approved at a duly called
meeting of the Municipal Council of the Municipality of the County of Colchester, duly convened and held on the
25th day of September, A.D., 2024.
GIVEN under the hand of the Municipal Clerk and under the corporate seal of said Municipality on this 10th day
of October, A.D., 2024.
Dan Troke
Municipal Clerk
First Reading: August 29, 2024
Notice of Intent: September 4, 2024 (Municipal website)
Second Reading: September 25, 2024
Notice of Approval: October 3, 2024 (Truro News)
I, Dan Troke, Municipal Clerk of the
Municipality of the County of Colchester,
do hereby certify that the adjacent Notice
of Approval is a true copy of the Notice of
Approval of Chapter 29 - Sewer Use By-
law, duly advertised in the Thursday,
October 3, 2024, issue of the Truro News.
Given under the hand of the Municipal
Clerk and under the corporate seal of said
Municipality this 10th day of October,
2024.
Dan Troke
Municipal Clerk
Page 1 of 4
Schedule A Waste Survey Report
MUNICIPALITY OF COLCHESTER
WASTE SURVEY REPORT
SECTION 1 - GENERAL INFORMATION:
Name
Title
Company Name
Address
Phone Number
Email Address
COMPANY OFFICER RESPONSIBLE FOR WASTEWATER DISCHARGES:
Name
Title
Phone Number
Email Address
LOCATION OF PREMISES:
Civic Number, Street, Municipality
SECTION 2 - PRODUCT OR SERVICE INFORMATION:
(1) Brief description of manufacturing or service activities:
(2) Principle products or services rendered:
(3) Number of Employees:
Plant:
Offices:
Page 2 of 4
Schedule A Waste Survey Report
(4) Number of Shifts per Day: _________
Number of Days per Week: _________
(5) Major Processes are:
Batch
Continuous
Both
If batch, average number of batches per 24 hour day: _________
(6) Is the product subject to seasonal variation:
Yes
No
If yes, briefly describe seasonal production cycle:
(7) Is there a special clean up period?
Yes
No
If yes, briefly describe clean up period activities:
SECTION 3 - WASTE CHARACTERISTICS:
(1) List all sources of clean water supply:
(2) Describe types of wastewater being generated:
(3) Provide measured or anticipated wastewater generation rates on a hourly, daily, weekly
and monthly basis.
(4) Describe general quality of wastewater being generated:
Page 3 of 4
Schedule A Waste Survey Report
SECTION 4 - PHYSICAL LAYOUT:
Provide a layout sketch or drawings of the property showing pre-treatment works, property
boundaries and sewer connections.
SECTION 5 - PRE-TREATMENT:
Describe in detail any wastewater pre-treatment processes currently being utilized.
SECTION 6 - POLLUTANT INFORMATION SHEET (CONTROLLED MATTER):
Indicate by placing an "X" in the appropriate box for each listed parameter whether it is
"suspected to be absent," "known to be absent," "suspected to be present," or "known to be
present" and the known or expected concentration in milligrams per litre.
Provide a copy of the most recent analysis provided by an independent third party lab of all
parameters listed below.
Parameter
Known
Absent
Suspected
Absent
Known
Present
Suspected
Present
Concentration
mg/L
Aluminum (Total)
Antimony (Total)
Arsenic (Total)
Barium (Total)
Benzene (Total)
Beryllium (Total)
Bio-Chemical Oxygen Demand
Bismuth (Total)
Cadmium (Total)
Chemical Oxygen Demand
Chlorides
Chloroform
Chromium (Total)
Cobalt (Total)
Copper (Total)
Cyanide
1,2 - dichlorobenzene
1,4 - dichlorobenzene
Ethyl benzene
Fluoride
Hexa-Chlorobenzene
Page 4 of 4
Schedule A Waste Survey Report
Parameter
Known
Absent
Suspected
Absent
Known
Present
Suspected
Present
Concentration
mg/L
Iron (Total)
Lead (Total)
Manganese (Total)
Mercury (Total)
Methylene Chloride
Molybdenum (Total)
Nickel (Total)
Oil & Grease (mineral & Synthetic)
Oil & Grease (organic)
Phenolic Compounds
Phosphorus (Total)
Selenium (Total)
Silver (Total)
Sulphates (SO4)
Suspended Solids (Total)
Sulphide (H2S)
1,1,2,2 Tetrachloroethane
Tin (Total)
Titanium
Toluene
Total Kjeldahl Nitrogen
Trichloroethane
Trichloroethylene
Xylene
Zinc
THE INFORMATION CONTAINED IN THIS REPORT IS TO THE BEST OF MY KNOWLEDGE AND
BELIEF TRUE, COMPLETE AND ACCURATE.
Authorized Representative
Date
Title