By-law 2022-077 - Sewer By-law Amendment (amends 2016-007)
Amherstburg, Ontario
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CORPORATION OF THE TOWN OF AMHERSTBURG BY-LAW 2022-077
By-Law to amend By-Law 2016-007 (Being a By-law to prohibit, regulate and inspect
the discharge of sewage into the municipal sewage system in the Town of Amherstburg)
WHEREAS Section 129 of the Municipal Act, 2001, as amended, provides that the
councils of local municipalities may pass by-laws for regulating or prohibiting with
respect to noise;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AMHERSTBURG HEREBY ENACTS AS FOLLOWS;
1. That the definition of "Enforcement Officer" include;
"Municipal Law Enforcement Officer, By-Law Enforcement Officer, Police
Officer or other law enforcement officer as appointed by Council"
2. That a definition of "Backflow" include;
"is the undesired reversal of water flow against the normal
direction"
3. That a definition of "Backflow Prevention Device" include;
"is a mechanical device that prevents backflow
and is sometimes called a backflow preventer"
4. That a definition of "Chief Building Official" include;
"means the Chief Building Official as appointed
under By-law by the Town"
5. That a definition of "Cross connection" include;
"is a connection between the municipal water system
and any source of contamination"
6. That section 2.3 of By-law 2016-07 is hereby deleted and the following is
substituted for it;
"The Director of Engineering and Public Works, his or her designates
and all Enforcement Officers appointed by the Town are authorized to
enforce this by-law"
7. That section 10.1 of By-law 2016-07 is hereby deleted and the following is
substituted for it;
'This By-law shall be administered and enforced by the Director of
Engineering and Public Works and his/her designates"
8. That section 3.6 be added to By-law 2016-07;
"No person shall leave an uncapped backflow preventer unless it is under
test as authorized by the Chief Building Official"
I.
That all other provisions of By-Law 2016-007 remain in full force and effect.
Read a first, second and third time and finally passed this 11 th day of JuV,)022
(~
Read a first, second and third time and finally passed this 11th day of July, 2022.
MAYOR - ALDO DICARLO
CLERK, VALERIE CRITCHLEY
(amended by-law 2022-077, July 11/22)
THE CORPORATION OF THE TOWN OF AMHERSTBURG
BY-LAW NO. 2016-07
Being a By-law to prohibit, regulate and inspect the discharge of sewage
into the municipal sewage system in the Town of Amherstburg.
WHEREAS Section 11(3)(4) of the Municipal Act, 2001, S.O. 2001, c. 25,as
amended (the "Act"), authorizes a local municipality to pass bylaws regulating
public utilities;
AND WHEREAS pursuant to Section 87 of the Municipal Act, 2001, S.O. 2001,
c.25, a municipality may enter on land, at reasonable times, to inspect the
discharge of any matter into the sewage system of the municipality or into any
other sewage system the contents of which ultimately empty into the municipal
sewage system and may conduct tests and take samples for this purpose;
AND WHEREAS Section 425 of the Act authorizes the Town of Amherstburg to
pass by-laws providing that a person who contravenes a by-law of the Town of
Amherstburg is guilty of an offence
NOW THEREFORE the Council of the Town of Amherstburg enacts as follows:
In this By-law:
SHORT TITLE
SEWER USE BY-LAW
Part 1
DEFINITIONS
"average water usage" shall mean the total volume of water used over a
given period of time as determined by taking water meter readings,
subtracting the previous reading from the most recent, summing the
differences, and dividing by the number of days between the two meter
readings;
"Backflow" is the undesired reversal of water flow against the normal
direction;(amended B/L 2022-077, Jul 11/22)
"Backflow Prevention Device" is a mechanical device that prevents backflow
and is sometimes called a backflow preventer;(amended BIL 2022-011, Jul 11122)
"biochemical oxygen demand" means the 5 day biochemical oxygen
demand as determined by Standard Methods;
"Chief Building Official" means the Chief Building Official as appointed
under By-law by the Town;(amended BIL 2022-077, Jul 11/22)
"combined sewer" means a sewer intended to function simultaneously as
a storm sewer and a sanitary sewer;
"composite sample" means a sample which is composed of a series of
grab samples taken at intervals during the sampling period;
"Corporation" means the Corporation of the Town of Amherstburg;
"Cross connection" is a connection between the municipal water system
and any source of contamination;(amended B/L 2022-077, Jul 11/22)
"cyanide" means total cyanide as determined by Methods in Standard
Methods;
"Director of Engineering and Public Works" means the Director of
Engineering and Public Works of the Corporation or his/her designate;
"Enforcement Officer" means (amended BIL 2022-077, Jul 11/22)
(a) any representative of the Municipality appointed by the Director of
Engineering and Public Works for the purposes of enforcing this by-law;
(b) Municipal Law Enforcement ©fficer, By-Law Enforcement Officer, Police
Officer or other law enforcement officer as appointed by Council
"fuels" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other
"hauled waste" means any liquid industrial waste (as this term is defined in
0. Reg. 347) that is transported with a manifest in accordance with O. Reg.
347.;
"ignitable waste" has the same meaning as defined in 0. Reg. 347, of the
Environmental Protection Act (Ontario);
"industrial" shall mean of or pertaining to industry, manufacturing,
commerce, trade, business or institutions as distinguished from domestic or
residential;
"industrial process area" means any industrial building, property or land
area which during manufacturing, processing or storage comes into direct
contact with any raw material, intermediate product, finished product, by-
product, or waste product;
"kjeldahl nitrogen" means organic nitrogen as determined by one of the
Methods in Standard Methods;
"landfill leachate" means the liquid containing dissolved or suspended
contaminants that emanates from solid waste or garbage that is
produced by water percolating through solid waste or garbage or by liquid
in the solid waste or garbage;
"matter" includes any solid, liquid or gas;
"Municipality" means the Corporation of the Town of Amherstburg or its
designated representatives;
"owner" or "operator" means the owner or operator of any facility or
activity subject to the provisions of this by-law;
"PCB" means any monochlorinated or poly-chlorinated biphenyl or any
mixture of these or mixture that contains one or more of them;
"person" includes an individual, association partnership, Corporation,
Municipality, Provincial or Federal Agency, or an agent or employee thereof;
"pesticides" means a pesticide regulated under the Pesticides Act;
"pH" means the logarithm to the base 10 of the reciprocal of the
concentration of hydrogen ions in moles per litre of solution;
"phenolic compounds" means those derivatives of aromatic hydrocarbons
which have a hydroxyl group directly attached to the ring as determined by
one of the Methods in Standard Methods;
"phosphorus" means total phosphorus as determined by both Methods in
Standard Methods;
"sanitary sewer'' means a sewer for the collection and transmission of
domestic, commercial, institutional and industrial sewage, or any
combination thereof;
"sewage" means any liquid waste containing animal, vegetable or mineral
matter in solution or in suspension, except uncontaminated water;
"sewage works" means any works for the collection, transmission,
treatment or disposal of sewage, or any part of such works;
"solvent extractable matter" means grease and oil as determined by one
of the Methods listed in Standard Methods;
"Standard Methods" means a procedure set out in Standard Methods for
the Examination of Water and Wastewater, published jointly by the
American Water Works Association and Water Environment Federation,
current at the date of testing, or a procedure published by the Ontario
Ministry of the Environment as a standard method or the equivalent of a
Standard Method;
"storm sewer" means a sewer for the collection and transmission of
uncontaminated water, storm water, drainage from land or from a
watercourse or any combination thereof;
"storm water" means water from rainfall or other natural precipitation or
from the melting of snow or ice;
'
"suspended solids" means solid matter in or on a liquid which matter is
removable by filtering and dried at 103-105° Celsius as determined by a
Method in Standard Methods;
"Town" shall mean the Corporation of the Town of Amherstburg;
"uncontaminated water" means water to which no matter has been added
as a consequence of its use, or to modify its use, by any person;
"waste radioactive materials" means any waste materials exhibiting the
property of spontaneous disintegration of atomic nuclei usually with the
emission of penetrating radiation or particles;
"watercourse" means a river or stream channel, or an artificial channel or
ditch constructed as or resulting from the construction of municipal work in
which a flow of storm water occurs either continuously or intermittently; road
ditches and other natural depressions or watercourses draining into any
such open channel or ditch, whether connected to a storm sewer or not.
Part 2
AUTHORITY
2.1
The Director of Engineering and Public Works may act on behalf of the
Municipality for the purposes of this by-law.
2.2 The Director of Engineering and Public Works may prescribe the form and
content of any approval, authorization, permit, form, policy, procedure or
other document in relation to the administration of this by-law and may
amend or revise the form and content of such approvals, authorizations,
agreements, permits, forms, policies, procedures or documents from time to
time. The Director of Engineering and Public Works may issue and execute
any approval, authorization or permit under this by-law as well as any
amendments thereto or revocations thereof, on behalf of the Municipality.
2.3 The Director of Engineering and Public Works, his or her designates
and all Enforcement Officers appointed by the Town are authorized to enforce
this by-law.(amended BIL 2022-077, Jul 11/22)
Part 3
DISCHARGE TO SANITARY SEWERS AND COMBINED SEWERS
3.1
No person shall discharge or deposit, or cause or permit the discharge or
deposit, of matter of a kind listed below into or in land drainage works,
private branch drains or connections to any sanitary sewer or combined
sewer:
a)
Matter of any type, or at any temperature, or in any quantity which may
be or may become a health or safety hazard to a sewage works
employee, or which may be or may become harmful to a sewage
works, or which may cause the sewage works effluent to contravene
any requirement by or under the Ontario Water Resources Act or the
Environmental Protection Act (Ontario), or which may cause the sludge
from sewage works to fail to meet the criteria relating to contaminants
for spreading the sludge on agricultural lands under Ontario's
Guidelines for Sewage Sludge Utilization on Agricultural Lands (as
revised March, 1996) unless the person has been advised in writing by
the Director of Engineering and Public Works that the sludge from the
sewage treatment works will never be used on agricultural lands, or
which may interfere with the proper operation of a sewage works, or
which may impair or interfere with any sewage treatment process, or
which is or may result in a hazard to any person, animal, property or
vegetation; or
b)
Without limiting the generality of the foregoing, any of the following:
3
i.
Solid or viscous substances in quantities, or of such size as to be
capable of causing obstruction to the flow in a sewer, including
but not limited to ashes, bones, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, oil,
grease, unground garbage, animals or parts thereof, paunch
manure, and whole blood;
ii.
Sewage that may cause an offensive odour to emanate from a
sewage works, and without limiting the generality of the foregoing,
sewage containing hydrogen sulphide, carbon disulfide, other
reduced sulphur compounds, amines or ammonia in such quantity
that may cause an offensive odour;
iii.
Except in the case of discharge into a combined sewer, storm
water, water from drainage of roofs or land, water from a water
course or uncontaminated water;
iv.
Water other than storm water that has originated from a source
separate from the water distribution system of the Municipality;
v.
Sewage or uncontaminated water at a temperature greater than
65° Celsius;
vi.
Sewage having a pH less than 5.5 or greater than 10.5;
vii.
Sewage containing more than 120 milligrams per litre of solvent
extractable matter, generally referred to as oil or grease;
viii. Sewage in which the biochemical oxygen demand exceeds 300
milligrams per litre;
ix.
Sewage containing more than 350 milligrams per litre of
suspended solids;
x.
Sewage containing more than 30 milligrams per litre of
phosphorus;
xi.
Sewage containing more than 100 milligrams per litre of kjeldahl
nitrogen;
xii
Sewage containing more than 1 milligrams per litre of phenolic
compounds;
xiii. Sewage which consists of two or more separate liquid layers;
xiv. Sewage containing dyes or colouring materials which pass
through a sewage works and discolour the sewage works effluent;
xv.
Sewage containing any of the following in excess of the indicated
concentrations in Column II if the average water usage is equal to
or less than 500,000 litres per day; and in excess of the
concentrations in Column Ill if the average water usage is greater
than 500,000 litres per day respectively set out opposite:
Column I
Column II
Column Ill
Aluminum
expressed Al
50.0 mg/L
50.0 mg/L
as
Arsenic
expressed As
1.0 mg/L
1.0 mg/L
as
Antimony
expressed Sb
5.0 mg/L
1.0 mg/L
as
Barium
expressed Ba
5.0 mg/L
1.0 mg/L
as
Bismuth
expressed Bi
5.0 mg/L
1.0 mg/L
as
Cadmium
expressed Cd
2.0 mg/L
0.5 mg/L
as
Chloride
expressed Cl
1500.0 mg/L
1500.0 mg/L
as
4
Column I
Column II
Column Ill
Chromium
expressed Cr
5.0 mg/L
1.0 mg/L
as
Cobalt
expressed Co
5.0 mg/L
1.0 mg/L
as
Copper
expressed Cu
5.0 mg/L
1.0 mg/L
as
Cyanide
expressed
HCN 2.0 mg/L
1.0 mg/L
as
Fluoride
expressed
F
10.0 mg/L
3.0 mg/L
as
Lead
expressed
Pb
5.0 mg/L
1.0 mg/L
as
Manganese
expressed Mn
5.0 mg/L
3.0 mg/L
as
Molvbdenum
Mo
5.0 mg/L
3.0 mg/L
Mercury
expressed Hg
0.1 mg/L
0.03 mg/L
as
Nickel
expressed
Ni
5.0 mg/L
1.0 mg/L
as
Phenol
1.0 mq/L
0.3 mq/L
Selenium
expressed Se
5.0 mg/L
1.0 mg/L
as
Silver
expressed Ag
5.0 mg/L
1.0 mg/L
as
Sulphate
expressed
SO4
1500.0 mg/L
1500.0 mg/L
as
Tin
expressed
Sn
5.0 mg/L
1.0 mg/L
as
Titanium
expressed
Ti
5.0 mg/L
1.0 mg/L
as
Vanadium
expressed
V
5.0 mg/L
1.0 mg/L
as
Zinc
expressed
Zn
5.0 mg/L
1.0 mg/L
as
xvi. Any of the wastes or contaminates, other than those contained in
the above Clause xv. and listed in Schedules 1, 2 and 3 of
Ontario Regulation 347, made under the Environmental
Protection Act (Ontario), having a concentration greater than 200
times the respective Method Detection Limit for each waste or
contaminant as listed in Schedule I of the Ontario Ministry of
Environment's Protocol for the Sampling and Analysis of
Industrial/Municipal Wastewater, January 1999, as amended from
time to time;
xvii. Waste radioactive materials excepting those being discharged in
accordance with a license from the Atomic Energy Control Board
and a copy of the license has been provided to the Municipality;
xviii. The following materials or sewage containing any of the following
in any amount:
Fuels
Ignitable waste
PCBs
Pesticides
xix. The following materials or sewage containing any of the following:
Hauled sewage, except where:
1. The hauler of the hauled sewage is an operator of a
waste management system operating under and in
accordance with a valid Environmental Compliance
Approval under the Environmental Protection Act
(Ontario) allowing the operation or is exempt from the
5
requirement to have an Environmental Compliance
Approval;
2. A copy of the most recent Environmental Compliance
Approval and any amendment is provided to the
Municipality;
3. The hauler has received prior written approval from the
Municipality to discharge the hauled sewage into the
sewage works; and
4. The hauler meets all conditions for discharge that are or
may be required from time to time by the Municipality;
Hauled waste, except where:
1. The hauler of the hauled waste is an operator of a waste
management system operating under and in accordance
with a valid Environmental Compliance Approval under
the Environmental Protection Act (Ontario)allowing the
operation or is exempt from the requirement to have an
Environmental Compliance Approval;
2. A copy of the most recent Environmental Compliance
Approval and any amendment is provided to the
Municipality;
3. The hauler has received prior written approval from the
Municipality to discharge the hauled waste into the
sewage works; and
4. The hauler meets all conditions for discharge that are or
may be required from time to time by the Municipality;
Landfill leachate, except where:
1. The discharge is proceeding in accordance with a valid
Environmental Compliance Approval under the
Environmental Protection Act (Ontario)or the Ontario
Water Resources Act which includes a provision for the
disposal of leachate to the sewage works;
2. A Copy of the current Environmental Compliance
Approval under the Environmental Protection Act
(Ontario) or the Ontario Water Resources Act and any
amendment thereto is provided to the Municipality or,
where the discharger is claiming an exemption pursuant
to a regulation, the discharger has demonstrated to the
satisfaction of the Municipality that the conditions of the
exemption are being met;
3. The discharger has received prior written approval from
the Municipality to discharge the waste disposal site
leachate into the sewage works; and
4. The discharge otherwise complies with this By-law.
3.2 In determining whether the limit with respect to any matter prescribed in
Section 3.1 is contravened, the volume of any water that has been added
for the purpose of enabling the limit to be met and of any storm discharges
to a combined sewer shall be disregarded for the purpose of calculating
whether the limit has been met so that compliance of the limit cannot be
attained by dilution.
3.3 No person shall discharge, or cause or permit the discharge of any
substance that exceeds the respective concentrations listed in subsection
3.1 (b)(xv.) of this part into the sewage works, except where:
a)
The discharge is proceeding under and carried out in accordance with
and only to the extent expressly permitted by all terms and conditions
of an Extra Strength Surcharge Agreement which has been previously
authorized or approved in writing by the Municipality; or
6
b)
The discharge is hauled sewage, hauled waste or landfill leachate
and is proceeding under and carried out in accordance with the By-
law.
3.4 The Municipality, in its sole discretion, may approve any discharge
described in Section 3.3, on such terms and conditions as it may deem
appropriate, including terms and conditions in respect to protecting the
sewage works and other infrastructure, compensating the Municipality for
costs related to the operation or repair of the sewage works, treatment or
monitoring of the discharge and facilitating administration of the approval.
3.5 For the purpose of this part, the Municipality may require a person to
provide the Municipality with plans, specifications, reports, studies, data,
analytical results, documentation or other information to the satisfaction
of the Director of Engineering and Public Works that would enable the
Municipality to assess whether or not an actual or potential discharge
may or could contravene Part 3 of this by-law.
3.6 No person shall leave an uncapped backflow preventer unless ii is under
test as authorized by the Chief Building Official.(amended B/L 2022-077, Jul 11/22)
Part 4
DISCHARGE TO STORM SEWERS
4.1
No person shall discharge or deposit, or cause or permit the discharge or
deposit, of matter of a kind listed below into or in land drainage works,
private branch drains or connection to any storm sewer:
a)
Matter of any type, or at any temperature, or in any quantity which
may:
i.
interfere with the proper orientation of a storm sewer;
ii.
obstruct a storm sewer or the flow therein;
iii.
result in a hazard to any person, animal, property or vegetation;
iv.
impair the quality of the water in any well, lake, river, pond, spring,
stream, reservoir or other water or water course; or
v.
result in the contravention of an approval, requirement, direction
or other order, under the Ontario Water Resources Act, or the
Environmental Protection Act (Ontario)with respect to the storm
sewer or its discharge; and
b)
Without limiting the generality of the foregoing, any of the following:
i.
water at a temperature greater than 40° Celsius;
ii.
water having a pH less than 6.0 or greater than 9.0;
iii.
water containing more than 15 milligrams per litre of biochemical
oxygen demand;
iv.
water containing more than 15 milligrams per litre of suspended
solids;
v.
water containing dye or a colouring material which discolours the
water;
vi.
water containing more than 15 milligrams per litre of solvent
extractable matter;
vii.
water containing any of the materials set out in Column I in
excess of the concentration respectively set out opposite each
material in Column II.
Column I
Column II
Aluminum
expresse
Al
5.0 mg/L
d as
Ammonia
expresse
NH3
0.2 mg/L
(Unionized)
d as
Arsenic
expresse
As
0.5 mg/L
d as
Barium
exoresse
Ba
0.5 mg/L
7
a) Matter of any type, or at any temperature, or in
any quantity which may:
Column I
Column II
Aluminum expressed as Al
Ammonia (Unionized) expressed as NH3
Arsenic expressed as As
Barium expessed as Ba
b) Without limiting the gener
of the foregoing,
any of the following:
Column I
Column II
d as
Cadmium
expresse
Cd
0.1 mg/L
d as
Chlorine
expresse
c1~
1.0 mg/L
d as
Chromium
expresse
Cr
1.0 mg/L
d as
Copper
expresse
Cu
1.0 mg/L
d as
Cyanide
expresse
HCN
0.1 mg/L
d as
Fecal Coliform
100.0 colonies/100mL
Fluoride
expresse
F
1.0 mg/L
d as
Iron
expresse
Fe
5.0mg/L
d as
Lead
expresse
Pb
1.0 mg/L
d as
Manganese
expresse
Mn
1.0 mg/L
d as
Mercury
expresse
Hg
0.001 mg/L
d as
Nickel
expresse
Ni
1.0 mg/L
d as
Phenol
0.2 ma/L
Phosphorus
expresse
p
1.0 mg/L
d as
Selenium
expresse
Se
1.0 mg/L
d as
Silver
expresse
Ag
1.0 mg/L
d as
Sulphate
expresse
SO4
150.0 mg/L
d as
Tin
expresse
Sn
1.0 mg/L
d as
Zinc
expresse
Zn
1.0 mg/L
d as
viii. Any of the wastes or contaminates listed in Schedules 1, 2 and 3
of Ontario Regulation 347, made under the Environmental
Protection Act (Ontario), having a concentration greater than 1 O
times the respective Method of Detection Limit of each waste or
contaminant listed in Schedule I of the Ontario Ministry of the
Environment's Protocol for the Sampling and Analysis of
Industrial/Municipal Waste Water, January 1999, as amended
from time to time.
4.2
The provisions of clauses 4.1 (b) (iii.), (iv.),( v.), and (vi). do not apply to
prevent the discharge of storm water run-off from industrial process areas
to a storm sewer when the owner or operator of the premises has a
certificate of approval, or order relating to the premises under the
Environmental Protection Act (Ontario), or the Ontario Water Resources
Act which expressly allows the discharge, and a copy of the certificate of
approval or order has been proved to the Municipality.
Part 5
EXTRA STRENGTH SURCHARGE AGREEMENT
5.1
The Municipality, in its sole discretion, may enter into an Extra Strength
Surcharge Agreement in accordance with this part with a discharger to
permit the discharge of sewage into the sanitary sewage works that would
otherwise be prohibited by subsection 3.1 (b) (xv.) of this By-law, to the
8
Column I
Cadmium expressed as Cd
Chlorine expressed as Cl2
Chromium expressed as Cr
Copper expressed as Cu
Cyanide expressed as HCN
Fluoride expressed as F
Iron expressed as Fe
Lead expressed as Pb
Manganese expressed as Mn
Mercury expressed as Hg
Nickel expressed as Ni
Phosphorus expressed as P
Selenium expressed as Se
Silver expressed as Ag
Sulphate expressed as SO4
Tin expressed as Sn
Zinc expressed as Zn
extent permitted by the Extra Strength Surcharge Agreement, as outlined
in Schedule A
5.2
An Extra Strength Surcharge Agreement referred to in Section 5.1 may
only be made with respect to the following parameters in sewage:
biochemical oxygen demand, total kjeldahl nitrogen, total phosphorus,
total suspended solids, or any combination thereof.
5.3
The Municipality may include whatever terms and conditions it deems
appropriate in an Extra Strength Surcharge Agreement, including but not
limited to terms and conditions in respect of protecting the sewage works
and other infrastructure, verifying the average concentration of any
parameter permitted by Section 5.2, verifying volumes of a discharge, to
refine a surcharge fee based on a flow differential, facilitating the
administration of the Extra Strength Surcharge Agreement and
compensation to the Municipality for the additional costs related to an
Extra Strength Surcharge Agreement and associated discharges,
including costs related to administering the agreement and costs related to
additional inspection, monitoring, sampling and analysis and treatment of
the discharge and related to operation and repair of the sewage works.
5.4
An Extra Strength Surcharge Agreement shall not be assignable or
transferrable by the discharger without the express written approval of the
Municipality.
5.5
Any Extra Strength Surcharge Agreement that was executed by the
Municipality before the day this By-law is enacted and has not expired will
continue to remain in force unless the agreement is terminated by the
Municipality in accordance with Section 5.6 of this By-law or by the
discharger in accordance with the appropriate provisions of the Extra
Strength Surcharge Agreement
5.6
The Municipality may terminate an Extra Strength Surcharge Agreement
by giving written notice to the discharger:
a)
at any time and for any reason whatsoever regardless of the state of
compliance with the Extra Strength Surcharge Agreement upon a
minimum of 90 calendar days written notice to the discharger;
b)
at any time where, in the opinion of the Municipality, there is an
immediate threat or danger to any person, animal, property or
vegetation, in which case the termination shall be effective immediately
upon receipt of the written notice of termination;
c)
at any time where, in the opinion of the Municipality, a discharge in
accordance with the agreement causes or may cause an adverse
effect to the sewage works, in which case the termination shall be
effective immediately upon receipt of written notice of termination; or
d)
as may be further provided for in an Extra Strength Surcharge
Agreement.
Part 6
SAMPLING AND ANALYSIS
6.1 The Municipality may enter on land, at reasonable times to inspect the
discharge of any matter in to the sewage works and may conduct tests and
take samples for this purpose.
6.2 Where a sample is required for the purpose of determining the
characteristics or contents of the sewage, uncontaminated water or storm
water to which reference is made in this by-law:
a)
one sample alone is sufficient and, without limiting the generality of the
foregoing, the sample may be a grab sample or a composite sample,
may contain additives for its preservation and may be collected
manually or by using an automatic sampling device;
b)
except as otherwise specifically provided in this by-law, all tests,
measurements, analyses and examinations of sewage,
9
uncontaminated water and storm water, shall be carried out in
accordance with Standard Methods; and
c)
for each of the metals listed in Section 3.1 the analysis shall be for the
quantity of total metal, which includes all metal both dissolved and
particulate.
Part 7
SELF-MONITORING
7.1
Every person discharging a substance to a sewage works shall complete
any monitoring or sampling of any discharge to the sewage works as may
be required by the Municipality and provide the results of such monitoring to
the Municipality in the form specified by the Municipality.
7.2 The obligations set out in or arising out of Section 7.1 shall be completed at
the expense of the person discharging a substance to the sewage works.
Part 8
SPILLS
In addition and notwithstanding any other obligations imposed by law:
8.1
Every person who discharges or deposits, or causes or permits the
discharge or deposit, of sewage into or in land drainage works, private
branch drains or connections to any sanitary sewer or combined sewer
shall, if such discharge or deposit is not in the ordinary course of events
forthwith notify the Director of Engineering and Public Works .
8.2 Every person who discharges or deposits, or causes or permits the
discharge or deposit, of uncontaminated water or storm water into or in land
drainage works, private branch drains or connections to any storm sewer
shall, if such discharge or deposit is not in the ordinary course of events
forthwith notify the Director of Engineering and Public Works .
8.3 For any of the discharges in Section 8.1 and 8.2, for which the person is
required to forthwith notify the Director of Engineering and Public Works, the
notification shall include the following information:
a)
Name of the company and the address of location of spill;
b)
Name of the person reporting the spill and telephone number where
that person can be reached;
c)
Time of the spill;
d)
Type and volume of material discharged and any associated hazards;
e)
Corrective actions being taken to control the spill.
8.4 Within five days following a discharge, to which Section 3 applies, the
person shall submit to the Director of Engineering and Public Works and the
Ministry of the Environment and Climate Change a detailed written report
describing the cause of the spill and the action taken or to be taken to
prevent reoccurrence.
Part9
GENERAL
9.1
The owner or operator of industrial premises, with one or more connections
to a sewage works, shall install and maintain in good repair, in each
connection, a suitable manhole to allow observation and sampling of the
sewage and measurement of the flow of sewage therein, provided that
where installation of a manhole is not possible, an alternative device or
facility may be substituted with the written approval of the Director of
Engineering and Public Works.
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Part 9 GENERAL
9.2 The manhole or alternate device shall be located on the property of the
owner or operator of the premises, unless the Director of Engineering and
Public Works has given written approval for a different location.
9.3 Every manhole, device or facility installed, as required by Section 9.1, shall
be designed and constructed in accordance with good engineering practice
and the requirements of the Town, and shall be constructed and maintained
by the owner or operator of the premises at its expense.
9.4 The owner or operator of commercial or industrial premises shall at all times
ensure that every manhole, device or facility installed, as required by
section 9.1, is at all times accessible for purposes of observing and
sampling the sewage and measuring the flow of sewage therein.
9.5 The Director of Engineering and Public Works may require the owner or
operator of industrial premises to install and maintain devices to monitor
sewage discharges and to submit regular reports regarding the discharges
to the Town.
9.6 No person shall break, damage, destroy, deface or tamper or cause or
permit the breaking, damaging, destroying, defacing or tampering with:
a)
any part of a sewage works; or
b)
any permanent or temporary device installed in a sewage works for the
purpose of measuring, sampling and testing of sewage.
Part 10
ENFORCEMENT
10.1 This By-law shall be administered and enforced by the Director of
Engineering and Public Works and his/her designates. (amended Bil 2022-077, Jul
11/22)
10.2 The Municipality may enter upon any part of a property at any
reasonable time, to inspect the discharge of any substance into the
sewage works and may conduct tests and take samples of the discharge.
10.3 Enforcement Officers may enter upon any part of a property at any
reasonable time, to carry out inspection in order to determine
compliance with and/or enforce:
a)
this By-law;
b)
an Extra Strength Surcharge Agreement; or
c)
any other approval issued by the Municipality under Parts 3 or 4 of
this by-law to permit the discharge of any substance that would
otherwise be prohibited by this by-law.
10.4 For the purpose of an inspection to determine compliance with this by-law
or to otherwise enforce this by-law an Enforcement Officer may:
a)
access or require any person being inspected to provide access to any
drain pipe, maintenance access hole, catch-basin or other discharge
point connecting, directly or indirectly, to the sewage works, including
by making or requiring necessary excavations;
b)
require that anything be operated, used or set in motion under
conditions specified by an Enforcement Officer,
c)
sample, collect, test or measure any substance, thing, parameter or
discharge, and install, test, use, read and maintain any equipment or
device for such purpose;
d)
make and record observations, such as by taking photographs, notes,
video recordings and sound recordings;
e)
require any person to respond to reasonable inquiries concerning a
matter related to the inspection, orally or in writing;
f)
require any person to produce for inspection any documents or things
relevant to the inspection;
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f) require any person to produce for inspection any documents or things relevant to the
inspection;
g)
inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
h)
do such other things that are reasonably necessary for an
Enforcement Officer to effectively carry out the inspection;
i)
inspect the types and quantities of chemicals being handled or used on
the premises in relation to possible release to a drainage system or
watercourse; and
j)
inspect chemical storage areas and spill containment facilities and
requesting Material Data Safety Sheets for materials stored or used on
the premises.
10.5 No person shall refuse or neglect to give, produce or deliver any access,
information, document or other thing that is requested by an Enforcement
Officer carrying out an inspection.
10.6 No person shall hinder or obstruct or attempt to hinder or obstruct the
Municipality, its Enforcement Officers, employees or agents from carrying
out any powers or duties under this by-law.
Part 11
OFFENCES
11.1 Every person, other than a Corporation, who contravenes any provisions of
this by-law is guilty of an offence and upon conviction is liable for every day
or part thereof, upon which such offence occurs or continues, to a fine of not
more than $10,000.00 for a first offence and $25,000.00 for any subsequent
conviction.
11.2 Every Corporation which contravenes any provisions of this by-law is guilty
of an offence and upon conviction is liable for every day or part thereof,
upon which such offence occurs or continues, to a fine of not more than
$50,000.00 for a first offence and $100,000.00 for any subsequent
conviction.
11.3 In this by-law, subsequent conviction means a conviction for an offence
which occurs after the date of conviction for an earlier offence under this by-
law.
Part 12
SEVERABILITY
Should any paragraph, clause or provision of the By-law be declared invalid by a court
of competent jurisdiction, the same shall not affect the validity of the By-law as a whole
or any part of thereof, other than the part which was declared to be invalid.
Part 13
REPEAL
That the Town of Amherstburg By-law No. 2005-28, being a by-law to regulate the use
of sewers in the Town of Amherstburg is hereby repealed. This by-law shall come into
force and take effect on the date of final passage thereof.
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Read a first, second and third time and finally passed this 25th day of January, 2016.
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Aldo DiCarlo, Mayor
Paula Parker, Clerk