By-law 79 — Septic Waste Disposal

Kings, Nova Scotia

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MUNICIPALITY OF THE COUNTY OF KINGS For By-Law information contact the Municipal Clerk Tel: (902)678-6141 Fax: (902)678-9279 E-mail: [email protected] BY-LAW # 79 SEPTIC WASTE DISPOSAL BY-LAW 1. In this bylaw, A. "Building" shall mean any dwelling, house, shop, store, office or any building which has an On-site Sewage Disposal system, excluding industrial uses; B. "Central Sewage Disposal System" shall mean a system for collection, transmission, treatment, and disposal of sewage, and includes an extension or modification to a system; C. "Current Interest Rate" shall mean the interest rate charged by the Municipality of the County of Kings on the arrears of taxes; D. "Domestic Sources" shall mean sources of Septic Waste originating at one of the types of uses defined in Schedule "A"; E. "Municipal Engineer" shall mean the staff engineer for the Municipality of the County of Kings or a consultant engineer engaged by the Municipality or other competent person appointed by the Council of the Municipality; F. "Municipality" shall mean the Municipality of the County of Kings, a body corporate; G. "Owner" shall mean any person, incorporated body, partnership, or other legal entity, including a part owner, joint owner, tenant in common or joint tenant of the whole or any part of any land or building on which an On-site Sewage Disposal System is situate and includes a trustee, an executor, an administrator, a guardian, an agent, a mortgagee in possession or other person having the care or control of any land or building in the event of absence or disability of the persons having title thereof, and in the absence of proof to the contrary, includes the person assessed for the property; H. "On-site Sewage Disposal System" includes a septic tank with disposal field, a privy, holding tank, and all other private sewage disposal systems which are not directly connected to a Central Sewage Disposal System; MUNICIPALITY OF THE COUNTY OF KINGS BY-LAW # 79 cont'd 2 I. "Provincial Regulations" shall mean the requirements and provisions of the Province of Nova Scotia contained in any Provincial Statute or in any Regulation or Order made pursuant to the authority of any Statute of Nova Scotia; J. "Septic Tank" shall mean a watertight, covered receptacle designed and constructed to receive sewage; K. "Septic Tank Cleaner" shall mean a person or firm engaged in the business of emptying and disposing of the contents of septic tanks, holding tanks, privies, or other private sewage disposal systems which are not directly connected to a Central Sewage Disposal System; L. "Septic Waste" shall mean the contents of either septic tanks, holding tanks, privies, or other private sewage disposal systems serving residential or non-industrial facilities, which are not directly connected to a Central Sewage Disposal System, and includes waste sludge from municipal treatment plants; M. "Septic Waste Treatment Facility" shall mean the treatment facility owned by the Municipality of the County of Kings and located at Waterville, Kings County, Nova Scotia; N. "User" shall mean a user of the Septic Waste Treatment Facility, and includes licensed septic tank cleaning services as well as the Municipality; 2. A. Every Septic Tank Cleaner shall dispose of all Septic Waste originating in the County of Kings at the Septic Waste Treatment Facility. B. No Septic Tank Cleaner shall deposit, or cause to be deposited, septic waste originating in the Municipality of the County of Kings in any place other than at the Septic Waste Treatment Facility. C. No Septic Tank Cleaner or Owner shall deposit, or cause to be deposited, in the Septic Waste Treatment Facility any Septic Waste or material that: 1. originates at any source other than Domestic Source; 2. is inflammable or explosive; 3. contains synthetic oils, greases, or hydrocarbons. 4. has a quantity of matter capable of obstructing the flow in or interfering with the proper operation of any part of the Septic Waste Treatment Facility; 5. has a corrosive property or properties that could be hazardous to structures, equipment, or personnel; MUNICIPALITY OF THE COUNTY OF KINGS BY-LAW # 79 cont'd 3 6. contains fish or animal offal or pathological or medical wastes; 7. contains herbicides, pesticides, xenobiotics, polychlorinated biphenols or radioactive materials that are not approved for disposal in a sanitary sewer by the Atomic Energy Control Board of Canada. 8. contains substances for which special treatment or disposal practices are required by any applicable statutes or regulations of the Government of Canada or of the Province of Nova Scotia, or other authority having jurisdiction. 3. A. Every Septic Tank Cleaner or other user of the Septic Waste Treatment Facility shall pay a charge for the operation of the facility, including the Municipality of the County of Kings, as set out in the Policy for Fees. B. The Charge referred to in 3(a) above shall be apportioned and payable by each User of the facility at the rate of $30.00 per One Thousand Imperial Gallons of Septic Waste or portion thereof delivered to the Septic Waste Treatment Facility. Such charge shall be calculated monthly. C. A Septic Tank Cleaner or other user of the Septic Waste Treatment Facility, who is more than 20 days in arrears of payment to the Municipality of the Operating Charge may be denied access to the Facility by order of the Municipal Engineer. D. Arrears of payment of Operating Charges shall carry interest at the current interest rate. 4. Every person who contravenes, or fails to comply with, any of the provisions of this By-law shall be liable, upon conviction to penalty of not less than $ 100.00 and not more than $ 5,000.00 for each such offense, and in default of payment of the penalty the offender may be imprisoned for a period of time not less than 2 days and not more than 30 days. 5. Nothing contained in this Bylaw shall relieve any owner of property of responsibilities associated with on-site sewage disposal pursuant to Provincial Regulations. MUNICIPALITY OF THE COUNTY OF KINGS BY-LAW # 79 cont'd 4 SCHEDULE "A" TYPE OF USER: Single Family Dwelling Mobile Home Apartment Senior Citizens Home Rooming House, Boarding House, Convent, Institutional Dormitory Hospitals and Homes with Medical Care Facilities Schools Doctor's Office, Dentist's Office Beauty or Barber Shop Tourist Trailer Park Hotels, Motels, and Tourist Cottages Tourist Home Restaurant, Cafeteria, Snack Bar Lounge, Dining Room or Club Stores, Banks, and other Retail Facilities Clubs and Recreational Facilities Churches and Church Halls Buildings Owned by Fraternal Organizations Fire halls and Fire Stations Laundromat Service Station Car Wash Facilities Drive in Restaurant or Theater with Canteen Any other business or residence that generates non-hazardous human septic waste from non-industrial MUNICIPALITY OF THE COUNTY OF KINGS BY-LAW # 79 cont'd 5 History of this By-law Enacted - May 20, 1997 Amended - May 1, 2007