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By-law 2021-002 SEWER USE BY-LAW
A By-law of The Corporation of the City of Barrie to prohibit,
regulate and control discharges into the sanitary and storm sewer
systems of the City of Barrie and to repeal By-law 2012-172.
Disclaimer:
The following consolidation is an electronic reproduction made available for information only. It is not an
official version of the By-law. The format may be different, and plans, pictures, other graphics or text may
be missing or altered. The City of Barrie does not warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may be used for other
purposes, only if this disclaimer is repeated as well as the notice of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative Services and Court Services
Department at [email protected] or by phone 705-739-4220 ext 5500.
This By-law printed under and by
the authority of the Council of the
City of Barrie
By-law 2021-002
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Sewer Use By-law
Page 2 of 23
Bill No. 002
BY-LAW NUMBER 2021-002
A By-law of The Corporation of the City of Barrie to
prohibit, regulate and control discharges into the sanitary
and storm sewer systems of the City of Barrie and to
repeal By-law 2012-172.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 8, provides that the powers of a
municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable
municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to
respond to municipal issues;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 9, provides that a municipality
has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority
under this or any other Act;
AND WHEREAS Section 10 of the Municipal Act, 2001, S.O. 2001, c.25 permits a single tier
municipality to pass by-laws respecting public assets of the municipality, the economic, social, and
environmental well-being of the municipality, including respecting climate change and the health, safety,
and well-being of persons;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 87, 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 Sections 78 to 93 of the Municipal Act, 2001 as amended, provides municipalities
with specific powers with respect to the provision of public utility services to the municipality;
AND WHEREAS the Council of The Corporation of the City of Barrie adopted motion 20-G-236
deeming it necessary to repeal By-law 2012-172 being a by-law to prohibit, regulate and control discharges
into the sanitary and storm sewer systems of the City of Barrie.
NOW THEREFORE the Council of The Corporation of The City of Barrie enacts as follows:
This By-law shall be known as and may be cited as the "Sewer Use By-law".
1.
DEFINITIONS
For the purposes of this By-law, the following terms shall have the corresponding meanings:
ACCREDITED LABORATORY - any laboratory accredited by an authorized accreditation body in
accordance with a standard based on "ISO/IEC/EN 17025: General Requirements for Competence
of Testing and Calibration Laboratories" established by the International Organization for
Standardization, as amended;
APPROVED WATER OPERATIONS DISCHARGE PLAN - is a plan created by Water Operations
to be reviewed and approved by:
a)
Wastewater Operations for sanitary discharges or;
b)
An Environmental Officer for storm discharges.
AUTHORIZED REPRESENTATIVE of the owner or operator means:
a)
A principal executive officer of at least the level of vice president, if the owner or operator
is a corporation;
b)
A general partner or proprietor if the owner or operator is a partnership or proprietorship,
respectively; and
c)
A duly authorized representative of the individual designated above if such representative
is responsible for the overall operation of the facilities from which the wastewater discharge
originates.
By-law 2021-002
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Sewer Use By-law
Page 3 of 23
BIOCHEMICAL OXYGEN DEMAND (BOD) - 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), and 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.
BIOMEDICAL WASTE - biomedical waste as defined in the Ontario Ministry of the Environment
Guideline C-4 titled "The Management of Biomedical Waste in Ontario" dated November 2009 or
successive.
BIOSOLIDS - stabilized organic solid material generated from the treatment of municipal
wastewater.
BLOWDOWN WATER - the recirculating water that is discharged from a cooling or heating water
system for the purpose of controlling the level of water in the system or for the purpose of
discharging from the system materials contained in the system, the further build-up of which would
or might impair the operation of the system.
BUILDING CODE - the regulations governing standards for construction and demolition of
buildings made under the Building Code Act, S.O. 1992, C23, as amended.
CHEMICAL OXYGEN DEMAND (COD) - a measure of the capacity of water to consume oxygen
as a result of oxidation of inorganic chemicals and decomposition of organic matter as determined
by the appropriate procedure in Standard Methods.
CITY - the Corporation of the City of Barrie or its designated representative.
COMBUSTIBLE LIQUID - any liquid having a flash point at or above 37.8°C and below 93.3°C, as
per the Ontario Fire Code Ontario Regulation 213/07 as amended.
COMPOSITE SAMPLE -a sample made up of three or more grab samples that have been
combined automatically or manually and taken at intervals during a specific sampling period.
CONNECTION OR DRAIN - the part or those parts of any pipe or system of pipes leading directly
to the municipal sewage works.
CONTACT COOLING WATER - water that is used in a process for the purpose of removing heat
and that has come into contact with any raw material, intermediate product, waste product or
finished product, but does not include blowdown water.
COUNCIL - means the Barrie City Council.
DENTAL AMALGAM - a dental filling material consisting of an amalgam of mercury, silver, and
other materials such as copper, tin, or zinc.
DENTAL AMALGAM SEPARATOR - any technology, or combination of technologies, designed to
separate dental amalgam particles from dental operation wastewater.
DEWATERING ACTIVITY - the taking of water from a well or otherwise extracting groundwater;
draining water from a permanent or temporary pond or other surface water body, whether natural
or man-made; releasing water previously stored in a tank, vessel, or other means of water storage;
or any combination of the above noted activities, where the water from such activities would be
discharged into the municipal sewage works and such activities would be related to a construction,
land development, renovation, repair, maintenance or demolition activity at a property.
DISCHARGER - a person, owner or an agent or employee thereof, in occupation or having the
charge, management or control of a site, sewage, stormwater, uncontaminated water or any other
matter to which this By-law applies.
ENVIRONMENTAL COMPLIANCE APPROVAL - an approval issued under Part II.1 of the EPA.
ENVIRONMENTAL OFFICER - a person authorized by the City to carry out observations and
inspections and take samples as prescribed by this By-law; and means a person who has been
assigned by the General Manager to enforce this By-law.
EPA - means the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended.
FISHERIES ACT - means the Fisheries Act, R.S.C. 1985, c. F-14, as amended.
FUELS - means any alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable
substance.
By-law 2021-002
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Sewer Use By-law
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GENERAL MANAGER - means the General Manager of Infrastructure and Growth Management
of the City, or his or her authorized representative.
GRAB SAMPLE - a portion of wastewater, stormwater, or water collected over a period not
exceeding 15 minutes which will represent the composition of the wastewater, stormwater or water
at that time and place.
GROUNDWATER - water beneath the earth's surface accumulating as a result of seepage.
HAULED SEWAGE - waste removed from a sewage system, including a cesspool, septic tank
system, privy vault or privy pit, a chemical toilet, portable toilet, or a sewage holding tank.
HAZARDOUS WASTE - any substance that is designated as a hazardous waste within the
meaning of Ontario Regulation 347 made under the EPA, as amended.
HERBICIDE - any pesticide, as regulated under the Pesticide Act, R.S.O. 1990, c.P.11, as
amended, used for the destruction or control of any vegetation.
IGNITABLE WASTE - a material which is an ignitable waste within the meaning of Ontario
Regulation 347 made under the EPA, as amended.
INDUSTRIAL - of or pertaining to manufacturing, commerce, trade, business, or institutions as
distinguished from domestic or residential.
INDUSTRY - an industrial, commercial, or institutional premises from which there is a discharge of
any matter directly or indirectly into a municipal sanitary or storm sewer system.
INSTITUTION - a facility operated for public purposes, such as schools, universities, medical
facilities (hospitals, nursing stations, and nursing homes), museums, prisons, government offices
and military bases. Some of these facilities produce non-residential discharges to sewers from, for
example, laboratories, chemical use, and industrial processes.
INTERCEPTOR - a device that is designed and installed to prevent oil, grease, sediment, sand, or
other materials from passing into the municipal sewage works.
LEACHATE - the liquid containing dissolved or suspended contaminant which emanate from waste
(solid waste or garbage) and is produced by water percolating through waste or by liquid in waste.
MATTER - means any solid, liquid or gas.
MUNICIPALITY - means the Municipality of the "City of Barrie".
MUNICIPAL SANITARY SEWER SYSTEM - a sewer for the collection and transmission of
domestic, commercial, institutional, or industrial wastewater or any combination thereof.
MUNICIPAL STORM SEWER SYSTEM - a sewer and/or land drainage works for the collection
and transmission of uncontaminated water, storm water, drainage from land or from a watercourse
or any combination thereof.
MUNICIPAL SEWAGE WORKS - any infrastructure for the collection, transmission, treatment and
disposal of wastewater, stormwater, or uncontaminated water, including the municipal sanitary
sewer, pumping station, wastewater treatment facility, municipal storm sewer, or land drainage
works or any part of such works, but does not include private plumbing or other works to which the
applicable Building Code applies.
NON-CONTACT COOLING WATER - water that is used in a process for the purpose of removing
heat and that has not come into contact with any raw material, intermediate product, waste product
or finished product, but does not include blowdown water.
OVERSTRENGTH - refers to any wastewater released to the sewer that is higher in concentration
for one or more constituent concentrations set out in Schedule "A".
OWRA - the Ontario Water Resources Act, R.S.O. 1990, Chapter. O.40, as amended.
OWNER - means the registered owner of the lands and premises or the person or his authorized
agent in lawful control of the premises, building or occupancy and who permits the operation or
maintenance of any business, this shall include the person who holds the licence plate, as issued
by the Ministry of Transportation for a motor vehicle.
PATHOLOGICAL WASTE - any material which is pathological waste within the meaning of Ontario
Regulation 347 made under the EPA.
PCB - any monochlorinated or polychlorinated biphenyl or any mixture of them or any mixture that
contains one or more of them.
By-law 2021-002
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Sewer Use By-law
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PERSON - an individual, association, partnership, corporation, company, municipality or an agent
or employee of such a person.
PESTICIDES - a pesticide regulated under the Pesticides Act, R.S.O. 1990, Chapter P.11, as
amended.
pH - the logarithm to the base 10 of the reciprocal of the concentration of hydrogen ions in moles
per litre of solution as determined by Standard Methods.
PHENOLIC COMPOUNDS - those derivatives of aromatic hydrocarbons which have a hydroxyl
group directly attached to the ring as determined by Standard Methods.
PRETREATMENT - the reduction, elimination, or alteration of pollutants in wastewater or
stormwater prior to discharge into the municipal sewage works. This reduction or elimination can
be obtained by physical, chemical or biological processes, through pollution prevention, or by other
means, except by diluting the concentration of pollutants.
PRIVATE SEWER CONNECTION - that part of any drain or system of drains, including drains or
subsurface drainage pipe for surface or subsurface drainage of the land in or adjacent to a building,
lying within the limits of the private lands and leading to a municipal sewage works.
RADIOACTIVE MATERIALS - uranium, thorium, plutonium, neptunium, deuterium, their respective
derivatives and compounds and such other substances as the Canadian Nuclear Safety
Commission, or its successor, may designate as being capable of releasing atomic energy or as
being requisite for the production, use or application of atomic energy.
SAMPLING PORT - an access point, valve, tap, or similar device on equipment, a drainpipe or at
another suitable location, to allow for observation and sampling of wastewater, stormwater or water
discharged from a private sewer connection into a municipal sewage works, as determined by the
City.
SEWAGE - any liquid containing organic, inorganic, animal, vegetable, or mineral matter in solution
or in suspension, including floating materials, but does not include stormwater or uncontaminated
water.
SEWER DISCHARGE PERMIT - a permit issued by the City pursuant to the provisions of this By-
law and includes permits pursuant to an Overstrength Surcharge Agreement, Compliance
Program, Hauled Sewage Program, or any other program or activity to which this By-law applies.
SOLVENT EXTRACTABLE MATTER OF ANIMAL OR VEGETABLE ORIGIN - means grease and
oil determined by Standard Methods.
SOLVENT EXTRACTABLE MATTER OF MINERAL OR SYNTHETIC ORIGIN - means grease or
oil as determined by Standard Methods.
SPILL - a direct or indirect discharge into the municipal sewage works, land or the natural
environment, from or out of a structure, vehicle, or other container, and that is abnormal in quantity
or quality in light of all the circumstances of the discharge as defined under the EPA.
STANDARD METHODS - a procedure or method set out in Standard Methods for the Examination
of Water and Wastewater published jointly by the American Public Health Association, Water
Environment Federation, and American Water Works Association, latest edition.
STORMWATER - drainage water resulting from rainfall or other natural precipitation from the
atmosphere and includes, but is not limited to water from melting snow or naturally occurring ice.
SUSPENDED SOLIDS - solid matter in, or on a liquid which matter is removable by filtering as
determined by Standard Methods.
SWIMMING POOL - a structure designed to hold water for recreational purposes that includes hot
tubs or spas operated on private or public industrial, commercial, institutional or residential
properties, both indoors and outdoors.
TOTAL POLYCYCLIC AROMATIC HYDROCARBONS (PAH) - the total of all of the following
polycyclic
aromatic
hydrocarbons;
Acenaphthene,
acenaphthylene,
anthracene,
benzo(a)anthracene,
benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(g,h,i)perylene,
benzo(k)fluoranthene, chrysenes, dibenzo(a,h) anthracene, fluoranthene, fluorine, indeno(1,2,3-
cd)pyrene, methylnaphthalene, naphthalene, phenanthrene, pyrene.
TOTAL SUSPENDED SOLIDS (TSS) - insoluble matter in liquid that is removable by filtration, as
determined by the appropriate procedure described by Standard Methods.
TOXIC SUBSTANCE - means any material listed in Schedule 3 of Ontario Regulation 347 made
under the EPA.
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OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Sewer Use By-law
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UNCONTAMINATED WATER - water with a level of quality which is typical of potable water
normally supplied by the City.
VEHICLE - means any vehicle drawn, propelled, or driven by any kind of power including muscular
power, which includes but is not limited to a motor vehicle, trailer, traction engine, farm tractor,
roadbuilding machine, bicycle, but does not include a mobility assistive device.
WASTE RADIOACTIVE SUBSTANCES - substances defined in the federal Nuclear Safety and
Control Act SC.1997, c.9 as amended.
WASTEWATER - the composite of water and water-carried wastes from residential, commercial,
industrial, or institutional premises, or any other source, including but not limited to: groundwater;
rainwater or surface water which originates from construction activities.
WASTEWATER TREATMENT FACILITY (WwTF) - the facility used for the treatment of
wastewater.
WATERCOURSE - an open channel, ditch, or depression, either natural or artificial, in which flow
of water occurs either continuously or intermittently.
2.
ADMINISTRATION AND ENFORCEMENT
2.1
The General Manager may delegate any action they are authorized under this By-law.
2.2
The administration and enforcement of this By-law shall be under the jurisdiction of the
General Manager. The General Manager shall assign Environmental Officers for the
purpose of administering and enforcement of this By-law.
2.3
The General Manager or designate shall be authorized to prescribe the form of any permit
or agreement required or permitted under this By-law and to amend or revise such permits
or agreements provided that the permit or agreement amendment (s) or revision (s) are in
a form satisfactory to the Director of Legal Services or designate.
2.4
Subject to Section 2.3, the Environmental Officer may prescribe the form and content of
any approval, authorization, permit, form, procedure, or other document in relation to the
administration of this By-law and may amend or revise the content. The Environmental
Officer may issue any permit under this By-law.
2.5
An Environmental Officer, or any other person authorized by the General Manager, may at
any reasonable time enter upon and inspect any land and buildings for purposes of
enforcing this By-law, determining compliance with this By-law, and/or determining
compliance with the terms and conditions of an authorization under this By-law.
Notwithstanding Sections 2.2 to 2.4 a Municipal Law Enforcement Officer, Provincial
Offences Officer, Police Officer, or other duly appointed individual may enforce the provisions
of this By-law.
2.6
Any costs incurred by the City for the purposes of ensuring compliance with this By-law are
the responsibility of the person having control of the discharge.
2.7
No person shall prevent, hinder, obstruct, or interfere in any way with the City or
Environmental Officers, or other duly appointed individual from:
a)
Entering in or upon any land premises, except land or premises lawfully being used
as a dwelling house, at any reasonable time without warrant;
b)
Conducting such examinations, investigations, inquiries, tests, and taking of
samples; and
c)
Inspecting or observing any plant, machinery, equipment, processes, or
documents for the purpose of determining whether there is compliance with this
By-law.
3.
SANITARY SEWER REQUIREMENTS
3.1
No person shall discharge, or permit the discharge, of any matter directly or indirectly into
the municipal sanitary sewer system except:
a)
Wastewater that complies with the requirements of this By-law; or
b)
Hauled sewage that complies with the requirements of this By-law; or
c)
Wastewater that complies with a permit or agreement as outlined in this By-law; or
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The Corporation of the City of Barrie
Sewer Use By-law
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d)
Water, other than storm water, that has originated from the City's water distribution
system.
3.2
No person shall discharge, or permit the discharge, of wastewater directly or indirectly into
a municipal sanitary sewer system unless authorized to do so by the City.
3.3
No person shall discharge storm water or uncontaminated water from drainage of roofs or
building foundations, including sump pumps; or from land or watercourse or dewatering
activity into the municipal sanitary sewer system unless authorized to do so by the City.
3.4
No person shall discharge directly or indirectly matter of any type or temperature or in any
quantity into the municipal sanitary sewer system which may or could result in any of the
following:
a)
A hazard to any person, animal, property, or environment;
b)
A health or safety hazard to a person authorized by the City to inspect, operate,
maintain, repair, or otherwise work on the municipal sanitary sewer system;
c)
An offence under the EPA or OWRA, or any regulation made there under, as
amended;
d)
Biosolids from the WwTF to fail to meet the objectives and criteria as listed in the
EPA as amended;
e)
Interference with the operation or maintenance of the municipal sanitary sewer
system, or which may impair or interfere with any municipal wastewater treatment
process;
f)
An offensive odour to emanate from the municipal sewage works, and without
limiting the generality of the foregoing, wastewater containing hydrogen sulphide,
carbon disulphide, other reduced sulphur compounds, amines or ammonia in such
quantity as may cause an offensive odour;
g)
Damage to the municipal sewage works;
h)
An obstruction or restriction to the flow in the municipal sewage works; or
i)
Wastewater that has two or more separate liquid layers.
3.5
No person shall directly or indirectly discharge wastewater that contains any of the
following into a municipal sanitary sewer system:
a)
Biomedical waste;
b)
Combustible liquid;
c)
Dyes or colouring materials which may or could pass through a municipal sanitary
sewer system and discolour the municipal sewage works final effluent;
d)
Explosive products or substances;
e)
Fertilizers;
f)
Fuel;
g)
Hazardous waste;
h)
Herbicides;
i)
Ignitable waste;
j)
Pathological waste;
k)
PCBs;
l)
Pesticides;
m)
Radioactive materials;
n)
Solid or viscous substances in quantities of such size to be capable of causing
obstruction to the flow in a sewer; or
o)
Waste radioactive prescribed substances.
3.6
No person shall discharge, or permit the discharge of, any restricted substance listed in
Schedule "A" which exceeds the respective concentrations listed in Schedule "A", Table 1
of this By-law into the municipal sanitary sewer system unless approved by a permit or
agreement issued under this By-law.
3.7
The discharge to the municipal sanitary sewer system of water originating from a source
separate from the municipal water distribution system is prohibited except where the
discharger:
a)
Has obtained an approved permit or agreement issued under this By-law prior to
any discharge; or
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Sewer Use By-law
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b)
Has an active Exemption Approval issued under the Water and Wastewater Billing
By-law, as amended.
3.8
Section 3 does not apply to prevent the discharge to the municipal sanitary sewer system
when:
a)
The discharge is pursuant to a Certificate of Approval, Environmental Compliance
Approval or order relating to the premises under the EPA or the OWRA which
expressly allows the discharge;
b)
The discharge is in compliance with Schedule "A, Table 1" of the By-law; and
c)
The owner or operator of the premises has written approval from the City which
expressly authorizes the discharge from the premises in accordance with
guidelines adopted by the City from time to time.
3.9
Section 3 does not apply to prevent the discharge of hauled sewage when:
a)
The carrier of the hauled sewage is a waste transportation system under a license
issued under the EPA; and
b)
The carrier has written approval from the City, which may be amended from time
to time by the City.
3.10
Discharge of wastewater from maintenance activities related to the municipal water
distribution system into the municipal sanitary sewer system is authorized when:
a)
The discharge is pursuant to an Approved Water Operation Discharge Plan;
b)
Wastewater quality is compliant with Section 3.4, 3.5 and Schedule "A", Table 1;
and
c)
Notification is provided to an Environmental Officer and the Manager of the WwTF
at least 5 business days prior to the discharge.
3.11
All connections to the municipal sanitary sewer system must be installed in accordance
with the Building Code.
4.
STORM SEWER REQUIREMENTS
4.1
No person shall discharge directly or indirectly matter of any type or any temperature, or in
any quantity, into a municipal storm sewer system which may result in or results in any of
the following:
a)
Interference with the proper operation of a municipal storm sewer system;
b)
Obstruction, damage, or restriction of a municipal storm sewer system or the flow
therein;
c)
A hazard or other adverse impact to any person, animal, property or vegetation or
the natural environment;
d)
Impair the quality of the water in any well, lake, river, pond, spring, stream,
recreational beach reservoir or other water or watercourse;
e)
Contravention of an approval, requirement, direction, or other order under the
OWRA or EPA or Fisheries Act with respect to the storm sewer or its discharge;
f)
Two or more separate layers; or
g)
Discharge of any of the following matter in any amount:
(i)
Blowdown water;
(ii)
Chlorinated water;
(iii)
Combustible Liquids;
(iv)
Contact Cooling water;
(v)
Fertilizers;
(vi)
Floating debris;
(vii)
Fuels;
(viii)
Hauled Sewage;
(ix)
Hazardous Substances;
(x)
Ignitable Waste;
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(xi)
Leachate;
(xii)
Non-Contact Cooling water;
(xiii)
Paints;
(xiv)
Pathological Wastes;
(xv)
PCBs;
(xvi)
Pesticides or Herbicides;
(xvii)
Radioactive Materials;
(xviii)
Salt water swimming pool water;
(xix)
Sewage;
(xx)
Toxic Substances;
(xxi)
Volatile Organic Compounds;
(xxii)
Waste Radioactive Materials;
(xxiii)
Water containing dyes or colouring material which discolours the water;
(xxiv)
Water containing solvent extractable matter of animal or vegetable origin
or of mineral or synthetic origin which causes a visible film, sheen, or
discolouration on the water surface; or
(xxv)
Wastewater.
4.2
No person shall discharge, or permit the discharge of, any restricted substance listed in
Schedule "A" which exceeds the respective concentrations listed in Schedule "A", Table 2
of this By-law into the municipal storm sewer system.
4.3
No person shall discharge, or permit the discharge, of surface water, uncontaminated water
or wastewater generated as a result of dewatering activities or from land drainage or
watercourse without obtaining an approved permit or agreement which expressly allows
the discharge under this By-law.
4.4
Discharge of wastewater from maintenance activities related to the municipal water
distribution system into the municipal storm sewer system is authorized when:
a)
Discharged pursuant to an Approved Water Operations' Discharge Plan;
b)
Wastewater quality is compliant with Section 4.1 and 4.2; and
c)
Notification was provided to an Environmental Officer at least 5 business days prior
to the discharge commencing.
4.5
All connections to the municipal storm sewer system must be installed in accordance with
the Building Code.
5.
PROHIBITION OF DILUTION
No person shall discharge directly or indirectly or permit the discharge directly or indirectly of
wastewater into a municipal sewage works where water or any chemical, agent or additive has
been added to the discharge for the purposes of dilution to achieve compliance with this By-law.
6.
PRETREATMENT DEVICES
6.1
FOOD OIL AND GREASE INTERCEPTOR OR GREASE TRAP
a)
Every owner or operator of an industry where food is cooked, processed, or
prepared, for which the premises is connected directly or indirectly to a municipal
sanitary sewer system shall:
(i)
Install and operate, a food oil and grease interceptor or grease trap at a
premise that connects directly or indirectly to a municipal sanitary sewer
system.
(ii)
Ensure that the food oil and grease interceptor or grease traps are
installed in compliance with the requirements of the Building Code.
(iii)
Clean out the food oil and grease interceptor or grease traps before the
thickness of the solids and grease is greater than twenty-five percent
(25%) of the liquid volume, or in accordance with manufacturers
recommendations, whichever occurs first.
(iv)
Operate and maintain a food oil and grease interceptor or grease trap in
accordance with manufacturer recommendations and ensure performance
is continuously maintained. Where a conflict occurs between this By-law
and the manufacturers recommendations, the more stringent requirement
shall prevail.
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(v)
Retain documentation of proof of food oil and grease interceptor or grease
trap clean-out and oil and grease disposal for a minimum of two (2) years.
(vi)
Ensure that maintenance and disposal records are submitted to the City
upon request for each food oil and grease interceptor or grease trap
installed.
b)
No person shall use or permit the use of solvents, hot water, or other agents to
facilitate the passage of oil or grease through a food oil and grease interceptor or
grease trap to which this Section applies.
6.2
OIL AND WATER SEPARATOR
a)
Every owner or operator of an industry where motor vehicles are serviced,
repaired, washed, or maintained, and where the wastewater is directly or indirectly
connected to a municipal sanitary sewer system shall:
(i)
Install, operate, and maintain an oil and water separator in any piping
system at its premises that connects directly or indirectly to a municipal
sanitary sewer system.
(ii)
Ensure that the oil and water separator is installed in compliance with the
requirements of the Building Code.
(iii)
Inspect and maintain the oil and water separator in accordance with
manufacturer's recommendations to ensure the surface oil and sediment
levels do not exceed the manufacturer's recommended level. Where a
conflict
occurs
between
this
By-law
and
the
manufacturers
recommendations, the more stringent requirement shall prevail.
(iv)
Clean out the oil and water separator at least once annually.
(v)
Retain documentation of proof of oil and water separator clean-out and
oily water disposal for a minimum of two (2) years.
(vi)
Ensure that maintenance and disposal records are submitted to the City
upon request for each oil and water separator installed.
b)
No person shall use or permit the use of solvents, hot water, or other agents to
facilitate the passage of oil or grease through an oil and water separator to which
this Section applies.
6.3
SEDIMENT INTERCEPTOR
a)
Every owner or operator of an industry from which sediment may directly or
indirectly enter a municipal sanitary sewer system, including but not limited to
premises where vehicles are washed, shall:
(i)
Install, operate, and maintain a sediment interceptor in any piping system
at its premises that connects directly or indirectly to a municipal sanitary
sewer system.
(ii)
Ensure that the sediment interceptor is installed in compliance with the
requirements of the Building Code.
(iii)
Inspect and operate the sediment interceptor regularly to ensure
performance is maintained to the manufacturer's recommendations to
ensure the surface oil and sediment levels do not exceed the
manufacturer's recommended level. Where a conflict occurs between this
By-law and the manufacturers recommendations, the more stringent
requirement shall prevail.
(iv)
Ensure that the sediment interceptor is cleaned out at least once annually.
(v)
Retain documentation of proof of sediment interceptor clean-out and
waste disposal records for a minimum of two (2) years.
(vi)
Ensure that maintenance and disposal records are submitted to the City
upon request for each sediment interceptor installed.
b)
No person shall use or permit the use of solvents, hot water, or other agents to
facilitate the passage of sediment through a sediment interceptor to which this
Section applies.
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6.4
OIL GRIT SEPARATOR
a)
Every owner or operator of an industry where an oil grit separator has been
installed and discharges directly or indirectly into a municipal storm sewer system,
the owner or operator shall:
(i)
Operate and maintain an oil grit separator in any piping system at its
premises that connects directly or indirectly to a municipal storm sewer
system.
(ii)
Ensure that all oil grit separators are inspected at least once annually.
(iii)
Ensure that all oil grit separators are operated and maintained in
accordance with manufacturer recommendations. Where a conflict occurs
between this By-law and the manufacturers recommendations, the more
stringent requirement shall prevail.
(iv)
Retain all oil grit separator inspection and maintenance documentation for
each of the oil grit separators, including sediment disposal movement
manifests for a minimum of two (2) years.
(v)
Submit all maintenance and inspection documentation to the City upon
request for each oil grit separator installed.
6.5
DENTAL WASTE AMALGAM SEPARATORS
a)
Every dental practice shall comply with the Dentistry Act, 1991, S.O. 1991, c.24,
and the regulations made there under, as amended, for the management and
disposal of amalgam waste.
b)
Each dental waste amalgam separator shall be operated and maintained in
accordance
with
manufacturer
recommendations.
Retain
documents
demonstrating proof of dental amalgam separator clean-out and disposal for a
minimum of two (2) years.
c)
Documentation related to the installation and/or maintenance of a dental waste
amalgam separator shall be submitted to the City upon request for each dental
amalgam separator installed.
6.6
WASTE GRINDERS
a)
No owner or operator of an industry shall install, operate, or replace within the City
any waste grinding device for which the wastewater from this device will discharge
directly or indirectly into a municipal sanitary sewer system.
6.7
PRETREATMENT FACILITIES
Where required by this By-law, the owner or operator of an industry shall:
a)
Install a wastewater pre-treatment facility on the premises prior to the final point of
discharge into the municipal sewage works;
b)
Ensure the design, operation and maintenance of the pre-treatment facility
achieves the treatment objectives and is in accordance with the manufacturer's
recommendations;
c)
Ensure that any waste products from the pre-treatment facility are disposed of in
accordance with applicable legislation;
d)
Keep documentation pertaining to the pre-treatment facility and waste disposal for
a minimum of two (2) years; and
e)
Submit the maintenance records and waste disposal records to the City upon
request.
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Sewer Use By-law
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7.
DISCHARGE PERMITS AND AGREEMENTS
7.1 The City may issue an agreement or permit to the discharger for any one or more of the
following:
a)
Overstrength Surcharge Agreement:
(i)
An Overstrength Surcharge Agreement may only be entered into for the
discharge of treatable wastewater parameters Biochemical Oxygen
Demand (BOD) and Total Suspended Solids (TSS). The discharger shall
pay the assessed amount as per the terms established by the City for the
duration of the discharge.
(ii)
Overstrength Surcharge fees will be reviewed and adjusted accordingly as
determined by the City from time to time and based on projected operating
and maintenance costs as calculated in Schedule "B".
b)
Hauled Sewage Program in accordance with Section 8 of the By-law;
c)
Compliance Program in accordance with Section 9 of the By-law;
d)
Sewer Discharge;
(i)
Notwithstanding Section 3 or Section 4 of the By-law, the City may issue
a Sewer Discharge Permit, in its sole discretion and on such terms and
conditions as it may deem appropriate; including but not limited to terms
and conditions to protect the municipal sewage works and compensation
for costs related to the operation, maintenance and/or repair of the
municipal sewage works, treatment or monitoring of the discharge and
administration of the permit.
(ii)
Notwithstanding Section 4 of the By-law, the City in its sole discretion, may
issue a Sewer Discharge Permit for a discharge of wastewater from a
dewatering activity into a municipal sewage works on such terms and
conditions it may deem appropriate, including but not limited to; terms and
conditions to protect the municipal sewage works, the natural
environment, standards for the parameters in the discharge, volume of the
discharge, and compensation for costs related to maintenance and/or
repair of the municipal sewage works and facilitating administration of the
approval.
(iii)
All reasonable pre-treatment measures shall be utilized to ensure the
discharge meets Section 4 and Schedule "A" Table 2 of the By-law prior
to requesting to discharge to the municipal sanitary sewer system.
7.2
A person applying for a permit or agreement shall submit a completed application and all
required supporting documentation to the City.
7.3
Permits or agreements are non-transferable and shall expire.
a)
In the case of:
(i)
Overstrength Surcharge Agreement - five (5) years from the date of
issuance;
(ii)
Compliance Program - two (2) years from the date of issuance;
(iii)
Sewer Discharge Permit - maximum one (1) year from the date of
issuance; or
(iv)
Upon the written notice of cancelation by the City.
b)
In accordance with Section 7.3 (a) unless written approval to extend a permit or
agreement is provided by the City.
7.4
A holder of any permit or agreement issued under this By-law shall forthwith inform the City
of any change to:
a)
The information contained in an application;
b)
The information contained in a permit or agreement that has been issued; or
c)
The characteristics of the discharge for which the approval has been issued.
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Sewer Use By-law
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7.5
The City may amend the terms and conditions in any permit or agreement after it has been
issued.
7.6
The City may suspend or revoke a permit or agreement at any time, or where:
a)
There may be an adverse effect to the municipal sewage works;
b)
In an emergency situation, as determined by the City; or
c)
The permit or agreement holder:
(i)
Fails to comply with the terms and conditions of a permit or agreement or
with any of the provisions of this By-law;
(ii)
Fails to notify the City forthwith of any changes referred to in Section 7.4;
or
(iii)
Provides false or inaccurate information in an application for a permit or
agreement.
7.7
All permits and agreements are subject to an application fee as specified in the Fees By-
law, as amended, and the fee shall be paid prior to the issuance of any permit or
agreement.
7.8
Where a request is made for an amendment to an existing permit or agreement prior to the
expiry date of the permit or agreement, the amendment will be subject to the approval of
the City and the permit or agreement holder shall pay the amendment fee as outlined in
the Fees By-law and Schedule "B" of the By-law, as amended. Any invoices in arrears shall
be added to the tax roll for the property and such costs shall represent a lien against the
land.
7.9
A person who has received written notice from an Environmental Officer that a permit or
agreement is required shall submit a completed application as specified in Section 7.1 to
the City within 30 days from the date of written notification.
7.10
Written notice is sufficiently given if:
a)
It is delivered by registered mail addressed to the last known address of the permit
or agreement holder and on the fifth (5) business day after it was mailed;
b)
It is sent by fax to the permit or agreement holder at the latest fax number provided
by the applicant and on the first (1) business day after it was sent;
c)
It is sent by email to the permit or agreement holder at the latest email address
provided by the applicant and on the first (1) business day after it was sent; or
d)
It is delivered personally to the permit or agreement holder.
7.11
A person who has been issued a permit or agreement under this By-law authorizing a
discharge that is otherwise prohibited by this By-law, shall not be prosecuted under the
provision of the By-law prohibiting the discharge so long as the permit remains valid and
the terms and condition of the permit are fully complied with.
7.12
At the City's request, a flow meter approved by the City must be installed on the discharge
line into the municipal sewage works, at the expense of the owner, as a condition of
entering into an Overstrength Surcharge Agreement, Compliance Program and/or a Sewer
Discharge Permit.
7.13
The discharger shall comply with all other aspects of this By-law that are not contained
within the valid permit or agreement.
8.
HAULED SEWAGE
8.1
No person shall discharge hauled sewage to a municipal sanitary sewer system, directly
or indirectly unless:
a)
The carrier of the hauled waste abides by all requirements in accordance with the
EPA;
b)
A copy of the most recent Certificate of Approval, Environmental Compliance
Approval, or provisional certificate and any amendment is provided to the City;
c)
The carrier meets all terms and conditions for discharge that are or may be set
from time to time with respect to the haulage of sewage by the City;
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d)
The carrier obtains an approved Sewer Discharge Permit issued by the City and
may be amended by the City from time to time; and
e)
The carrier adheres to all terms and conditions as outlined in the Sewer Discharge
Permit, including the payment of fees as outlined in the current Fee's By-law, as
amended.
9.
COMPLIANCE PROGRAMS
9.1
An industry may submit to the Environmental Officer a proposed Compliance Program
setting out activities to be undertaken by the industry that would result in compliance with
this By-law.
9.2
Proposed Compliance Programs must be submitted by the industry to the City within thirty
(30) days from the date of a Notice of Violation or Order requesting the submission.
9.3
Compliance Programs shall contain but not be limited to the following information: a
specified length of time during which pre-treatment facilities or other measures are to be
installed or implemented and shall be specific as to the remedial actions to be implemented
by the industry, the dates of commencement and completion of the activity and the
materials or other characteristics of the matter to which it relates. The final activity
completion date shall not be later than the final compliance date in the Compliance
Program.
9.4
At its sole discretion, the City may establish a Compliance Program that will permit an
industry to discharge non-complying wastewater upon such terms and conditions deemed
appropriate by the City.
9.5
A person to whom a Compliance Program has been issued shall not be prosecuted under
this By-law for the condition identified in the approved Compliance Program. These
Compliance Programs may include a provision for a fee which is fully recoverable by the
City pursuant, but not limited to, the Fee's By-law and Schedule "B" of this By-law, as
amended. The full cost recovery payment to the City may be in such an amount and for
such duration as the Compliance Program may specify.
9.6
The industry for which a Compliance Program has been approved shall submit a
Compliance Program progress report to the City within fourteen (14) days after the
scheduled completion date of each activity listed in the Compliance Program.
9.7
After the date of expiry of the Compliance Program, all Parts of this By-law shall apply, and
an industry may be convicted of an Offence under the By-law.
a)
Notwithstanding Section 9.6, a Compliance Program established within the last
five (5) years from the date of passing of this By-law shall be exempt from Section
9.7.
9.8
The City may terminate any approved Compliance Program entered into pursuant to
Section 9 of the By-law by written notice at any time to the industry in the event that the
industry fails or neglects to carry out or diligently pursue the activities required of it under
its approved Compliance Program. In the event of any such termination, the industry shall
pay to the City the full difference in amount between what it was required to pay pursuant
to Schedule "B", and the amount actually paid to the City as a result of having entered into
a Compliance Program. Any invoices in arrears shall be added to the tax roll for the
property and such costs shall represent a lien against the land.
9.9
For the duration of the Compliance Program, an industry shall pay the following fees, in
accordance with the Fee's By-law, as amended from time to time:
a)
One (1) to six (6) months, no charge;
b)
Six (6) to (12) months, facility pays 25% of current wastewater surcharge rates;
c)
Twelve (12) to eighteen (18) months, facility pays 50% of current wastewater
surcharge rates;
d)
Eighteen (18) to twenty-four (24) months, facility pays 75% of current wastewater
surcharge rates; and
e)
After twenty-four (24) months the facility pays 100% of the current wastewater
surcharge rates.
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10.
SAMPLING AND ANALYTICAL REQUIREMENTS
10.1
The City may collect samples for the purposes of determining the concentration of
constituents in sewage, storm water or uncontaminated water that is discharged directly or
indirectly into a municipal sewage works, the sample may:
a)
Be collected manually or by using an automatic sampling device; and/or
b)
Contain additives for preservation.
10.2
Compliance or non-compliance with this By-law may be determined by the analysis of
either one grab sample or a composite sample.
10.3
For the purpose of determining compliance with this By-law, samples shall be obtained at
the point of discharge closest to the property boundary or final point of discharge wherever
possible, and/ or from discrete wastewater streams within premises as identified, at the
discretion of the City.
10.4
All tests, measurements, analyses and examinations of wastewater, its characteristics or
contents pursuant to this By-law shall be carried out in accordance with Standard Methods,
Ministry of the Environment "Protocol for the Sampling and Analysis of Industrial/Municipal
Wastewater", and/or be performed by a laboratory accredited for analysis of the particular
substance(s) using a method which is within the laboratory's scope of accreditation.
10.5
The City may invoice the discharger to recover any costs associated with ensuring
compliance with the By-law in accordance with the Municipal Act, 2001 as amended. The
discharger shall pay the costs invoiced by the City.
11.
DISCHARGER SELF-MONITORING
11.1
The City may require that a discharger monitor or sample any discharge into a municipal
sewage works and provide the results to the City in the form specified by the City.
11.2
The obligations set out in or arising out of Section 11 shall be completed at the expense of
the discharger.
11.3
All tests, measurements, analysis and examinations of wastewater, its characteristics or
contents pursuant to this By-law shall be carried out in accordance with Standard Methods,
Ministry of the Environment "Protocol for the Sampling and Analysis of Industrial/ Municipal
Wastewater" and/or be performed by a laboratory accredited for analysis of the particular
substance(s) using a method which is within the laboratory's scope of accreditation.
11.4
The sampling and monitoring results as described in Section 11 can be used by the City to
determine compliance with this By-law.
12.
SWIMMING POOL WATER
12.1
A person may discharge water from a swimming pool or cover either:
a)
By way of permanent or temporary connection to the private sanitary sewer
system; or
b)
By way of a controlled discharge to the owner's property such that the discharge
is controlled on the owner's property until it evaporates or infiltrates into the ground.
12.2
All water discharged from a swimming pool or cover entering onto City property shall be
free of all chemical additives used for routine pool maintenance.
13.
SPILLS
13.1
In the event of a spill to a municipal sanitary or municipal storm sewer or municipal property,
the person responsible 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
to:
a)
911 and/or Ministry of the Environment Spills Action Center; and
b)
The City.
13.2
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, protect the
health and safety of citizens, minimize damage to property, protect the environment, clean
up the spill, ameliorate any adverse effect, and restore the affected area to its condition
prior to the spill.
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Sewer Use By-law
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13.3
The person responsible for the spill or the person having charge, management and control
of the spill shall make a record of the spill in accordance with the EPA.
13.4
In the event the person, responsible or the person having charge, management and control
is unable and/or declines to clean up the spill and restore the affected area to its condition
prior to the spill, the City will complete such action at the cost and expense of the person
or discharger or owner of the property. Costs and expenses incurred by the City may be
added to the tax roll for the property or any real property owned by the person or discharger
or owner, and such costs shall represent a lien against the land or real property.
13.5
Notwithstanding Section 13.4, where the spill results from a vehicle or the use of a vehicle,
the owner of such vehicle shall be responsible for all costs and expenses incurred by the
City.
13.6
An industry having ownership of the spill shall provide a detailed written report on the spill
to the City, within five (5) business days after the occurrence of the spill, containing the
following information to the best of their knowledge:
a)
Name of the company and the location of spill;
b)
Current contact information, including name and telephone number of the person
who reported the spill;
c)
Date and time the spill occurred or was observed;
d)
Material spilled;
e)
Characteristics and composition of material spilled (including Safety Data Sheets);
f)
Volume of material spilled;
g)
Cause of the spill;
h)
Duration of spill event;
i)
Work completed and any work still in progress in the mitigation of the spill;
j)
Preventative actions being taken to ensure a similar spill does not occur again;
and
k)
Copies of applicable spill contingency and spill response plans.
13.7
Nothing in this By-law relieves any person from complying with any notification or reporting
provisions or any other requirements of:
a)
Other government agencies, including federal and provincial agencies; or
b)
Any other by-law of the City.
13.8
The City may invoice the person responsible for the spill to recover costs of time, materials
and services arising as a result of the spill as outlined in the Fee's By-law and the Municipal
Act, 2001, S.O. 2001, c.25 as amended. The person responsible for the spill shall pay the
costs invoiced.
13.9
The City may issue an Order requiring the immediate inspection and cleanout of a pre-
treatment device that may have been compromised by a spill, in accordance with
manufacturer recommendations.
14.
SEWER USE REPORT
14.1
At the request of the City, an industry shall complete and submit a Sewer Use Report (SUR)
for review by the City and participate in a facility inspection. The industry shall return the
SUR to the City and allow an Environmental Officer to inspect the facility within thirty (30)
calendar days of the request.
14.2
A fee for missed scheduled facility inspections shall be invoiced as specified in the Fees
By-law, as amended, and will be sent to the owner of the facility. The owner shall pay the
costs invoiced, any invoices in arrears shall be added to the tax roll for the property and
such costs shall represent a lien against the land.
14.3
Information collected on the SUR, inspection observations, and supporting documentation
may be used to determine compliance with this By-law.
14.4
At the discretion of the City, the Environmental Officer may amend the SUR from time to
time.
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15.
PROTECTION FROM DAMAGE TO THE MUNICIPAL SEWAGE WORKS
15.1
Unless specifically authorized by the City, no person shall enter, access, or operate any
part of the municipal sewage works.
15.2
No person shall uncover, make any connection with, break, alter, destroy, damage, deface
or tamper or cause or permit the breaking, damaging, destroying, defacing, or tampering
with:
a)
Any part of a municipal sewage works; or
b)
Any permanent or temporary device installed in or connected to a municipal
sewage works or private sewage works for the purpose of flow measuring,
collecting
samples
or
otherwise
monitoring
wastewater,
stormwater,
uncontaminated water or stormwater from land or watercourse.
15.3
Any person discharging to the municipal sewage works shall be responsible for ensuring
that such discharge complies at all times with the provisions of this By-law and shall be
liable for any damage or expense arising out of the failure to properly check and control
such discharge, including the cost of investigation, repair and replacing any part of any
municipal sewage works damaged thereby.
15.4
The City may invoice the person to recover any costs associated with the investigation,
repair, or replacement of any part of the municipal sewage works damaged by the
discharge in accordance with the Municipal Act, 2001, S.O. 2001, c.25 as amended.
16.
MONITORING ACCESS POINTS
16.1
The owner or operator of an industry or multi-use residential building, with one or more
connections to a municipal sewage works, shall install and maintain in good repair in each
connection a suitable monitoring access point to allow observation, sampling and flow
measurement of the wastewater, or storm water. Where installation of a monitoring access
point is not possible, a sampling port may be substituted with the prior written approval of
the Director of Infrastructure or Designate.
16.2
The monitoring access point or sampling port shall be located on the property of the
industry or multi-use residential building, as close to the property line as possible or final
point of discharge, unless the City has given prior written approval for a different location.
16.3
Each monitoring access point or sampling port installed shall be designed and constructed
in accordance with good engineering practice and meet the requirements of the City and
shall be constructed and maintained by the owner or operator of the industry or multi-use
residential building at their expense.
16.4
The owner or operator of an industry or multi-use residential building shall ensure that
every monitoring access point or sampling port installed as required by this By-law is
accessible at all times to the Environmental Officer for the purposes of observing, sampling,
and flow measurement of the final point of discharge of the wastewater, uncontaminated
water, or storm water therein.
17.
DISCONNECTION OF SEWER
17.1
Where wastewater which is hazardous or creates an immediate danger to any person;
endangers or interferes with the operation of the municipal sewage works; or causes or is
capable of causing an adverse effect, is discharged to the municipal sewage works, the
Environmental Officer may, in addition to any other remedy available, disconnect, plug,
seal or take any other action necessary to prevent such wastewater from entering into the
municipal sewage works.
17.2
The wastewater as described in Section 17.1 shall be prevented from being discharged
into the municipal sewage works until the Environmental Officer is provided satisfactory
evidence that no further hazardous discharge of wastewater shall be made to the municipal
sewage works.
17.3
All cost incurred subject to Section 17 shall be forthwith reimbursed to the City by the owner
or operator of the property, and such costs and expenses may be added to the tax roll for
the property, and such costs shall represent a lien against the land.
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Sewer Use By-law
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18.
NOTICE OF VIOLATION AND ORDERS
18.1
A Notice of Violation or Order may be issued by the Environmental Officer to a person who
contravenes any provision of this By-law. The Notice of Violation or Order will specify the
contravention and require the person receiving such Notice of Violation or Order to comply
with all directives stated in the Notice of Violation or Order.
18.2
When a Notice of Violation or Order is issued by the Environmental Officer, the person to
whom the Notice of Violation or Order is made shall be deemed to have received the Notice
of Violation or Order on the date it is posted in a conspicuous place at the subject property
or delivered in accordance with Section 7.10 to the premise owner or operator.
18.3
The manner of delivery set out in Section 18.2 shall be at the discretion of the
Environmental Officer.
18.4
When an Order is made and the person required to take action fails to comply by the due
date, the City will complete such action at the cost and expense of the owner of the
property, and such costs and expenses may be added to the tax roll for the property, and
such costs shall represent a lien against the land.
19.
OFFENCES
19.1
Where an Environmental Officer has reason to believe that a contravention of this By-law
has occurred, the Environmental Officer may make an Order requiring the person who has
contravened the By-law or who has caused or permitted the contravention or the owner or
occupier of the land on which contravention of the By-law occurred to do a thing or carry
out work to correct the contravention. If an Order has been issued and the Order has not
been complied with, the contravention of the Order shall be deemed to be a continuing
offence for each day or part of a day that the Order is not complied with.
19.2
When a Notice of Violation or Order is made and the person required to take action fails to
comply by the due date, the City will complete such action at the cost and expense of the
owner of the property, and such costs and expenses may be added to the tax roll for the
property, and such costs shall represent a lien against the land.
20.
ENFORCEMENT
20.1
Every person who contravenes any provision of this By-law is guilty of an offence and liable
on conviction to a penalty not exceeding $5,000, exclusive of costs and the provisions of
the Provincial Offences Act, R.S.O 1990, c P.33, as amended, shall apply to said fine.
20.2
Every person who contravenes the provisions of any section of this By-law and every
General Manager, Director or Officer of a Corporation, who knowingly concurs in the
contravention by the Corporation, is guilty of an offence under the provisions of the
Municipal Act, S.O. 2001, c.25, s. 433(1.).
20.3
Every person who contravenes the any provision of this By-law and every General
Manager, Director or Officer of a Corporation, who knowingly concurs in the contraventions
by the Corporation, is guilty of an offence and liable on conviction to a penalty where the
minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000
exclusive of costs under the provisions of the Municipal Act 2001, s. 429, as amended.
20.4
For the purpose of continuous offences, every person who contravenes any provision of
this By-law and every General Manager, Director or Officer of a Corporation who knowingly
concurs in the contravention of a By-law of the Corporation is guilty of an offence and liable
on conviction to a penalty where the minimum fine shall not exceed $500 and a maximum
fine shall not exceed $10,000 per day or part thereof, exclusive of costs under the
provisions of the Municipal Act 2001, s. 429, as amended. Despite Paragraph 20.1, the
total of all fines for continuous offences or multiple offences is not limited to $100,000.
20.5
For the purpose of multiple offences, every person who contravenes any provision of this
By-law and every General Manager, Director of Officer of a Corporation, who knowingly
concurs in the contravention of a By-law is guilty of an offence and liable on conviction to
a penalty where the minimum fine shall not exceed $500 and a maximum fine shall not
exceed $10,000, exclusive of costs under the provisions of the Municipal Act 2001, s. 429
as amended. Despite Section 20.1, the total of all fines for continuous offences or multiple
offences is not limited to $100,000.
20.6
In this By-law, subsequent offence means a conviction for an offence, which occurs after
the date of conviction for an earlier offence under this By-law or the City's former Sewer
Use By-law 2012-172.
By-law 2021-002
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The Corporation of the City of Barrie
Sewer Use By-law
Page 19 of 23
21.
ACCESS TO INFORMATION
21.1
All information submitted to and collected by the City that is contained in plan summaries,
reports, surveys, monitoring and inspection and sampling activities will, except as
otherwise provided in this Section, be available for disclosure to the public in accordance
with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,
c.F.31, as amended.
21.2
In the event that any person submitting information to the City, as required under this
Section, where such information is confidential or proprietary or otherwise, may be exempt
from disclosure under the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990, c.F.31, the person submitting the information shall so identify the information
upon its submission to the City and where such information is confidential or proprietary or
otherwise, may be exempt from disclosure.
21.3
The Environmental Officer shall have access to the information contained in or related to
a Certificate of Approval, Environmental Compliance Approval, Permit to Take Water,
Environmental Activity Sector Registry or any other permit or approval made under the
EPA which permits a discharge into the municipal sewage works.
22.
LIMITATION
22.1
Nothing in this By-law shall be so construed as to permit anything, which by the provisions
of any applicable Act, Regulation or By-law is otherwise prohibited.
22.2
Where there is a conflict between federal or provincial legislation and this By-law, the most
stringent abiding legislation shall prevail.
22.3
In the event any provision, or part thereof, of this By-law is found by a court of competent
jurisdiction, to be ultra vires, such provision, or part thereof, shall be deemed to be severed,
and the remaining portion of such provision and all provisions of this By-law shall remain in
full force and effect.
23.
EXCEPTIONS
23.1
This By-law does not apply to the discharge of any matter or sewage, in an emergency, as
determined and approved by the Medical Officer of Health in the exercise of their authority
under the Health Protection and Promotion Act, R.S.O. 1990, c.H.7.
24.
SCHEDULES
24.1
All of the provisions of this By-law shall come into effect on the date that it is passed by
Council.
24.2
Every person shall be required to meet the new limits as set out in Schedule "A" of this By-
law commencing one (1) year after the date that this By-law is passed by Council.
25.
REPEAL
This By-law hereby repeals and replaces By-law 2012-172.
26.
EFFECTIVE DATE
This By-law shall come into force and take effect on the date of its passing and enactment.
READ a first and second time this 11th day of January, 2021.
READ a third time and finally passed this 11th day of January, 2021.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
________________________________________
MAYOR - J.R. LEHMAN
"ORIGINAL SIGNED"
________________________________________
CITY CLERK - WENDY COOKE
By-law 2021-002
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Sewer Use By-law
Page 20 of 23
SCHEDULE "A" RESTRICTED WASTES- SEWER DISCHARGES
Table 1 - LIMITS FOR SANITARY SEWER DISCHARGES
PARAMETER
MAXIMUM CONCENTRATION LIMIT
(mg/L, except as noted)
Temperature
60 Degrees Celsius
pH
Min - Max 6.0 - 9.5
Biochemical Oxygen Demand
(BOD)
300
Chemical Oxygen Demand
(COD)
600
Total Kjeldahl Nitrogen
100
Suspended Solids (Total)
350
Oil & Grease - Mineral &
Synthetic
15
Oil & Grease - Animal and
Vegetable
150
Phosphorus (Total)
10
Cyanide
1.2
Chloride
1500
Fluoride
10
Sulphate
1500
Aluminum
50
Antimony
5.0
Arsenic
1.0
Barium
5.0
Benzene
0.01
Bismuth
5.0
Cadmium
0.7
Chromium (Total)
2.0
Cobalt
5.0
Copper
2.0
Dichlorobenzene (1,2-)
0.05
Dichlorobenzene (1,4)
0.08
Ethylbenzene
0.06
Gold
5.0
Hexachlorobenzene
0.0001
Iron
50
Lead (Total)
0.7
Manganese
5.0
Mercury
0.01
Methylene chloride
(dichloromethane)
0.09
By-law 2021-002
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Sewer Use By-law
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SCHEDULE "A" RESTRICTED WASTES- SEWER DISCHARGES
CONTINUED
Table 1 - LIMITS FOR SANITARY SEWER DISCHARGES
PARAMETER
MAXIMUM CONCENTRATION LIMIT
(mg/L, except as noted)
Molybdenum
5.0
Nickel
2.0
PAH
0.005
Phenols, Total (or Phenolic
compounds)
0.1
Platinum
5.0
Rhodium
5.0
Selenium (Total)
1.0
Silver
0.4
Sulphide
1.0
Tetrachloroethane (1,1,2,2-)
0.06
Tetrachloroethylene
0.06
Toluene
0.02
Trichloroethylene
0.05
Xylenes, Total
0.3
Tin
5.0
Vanadium
5.0
Zinc
2.0
Refer to Section 3 for parameters not listed in the above table.
By-law 2021-002
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Sewer Use By-law
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SCHEDULE "A" RESTRICTED WASTES- SEWER DISCHARGES
Table 2 - LIMITS FOR STORM SEWER DISCHARGE
PARAMETER
MAXIMUM CONCENTRATION LIMIT
(mg/L, except as noted)
Temperature
30 Degrees Celsius
pH
Min - Max 6.0-9.5
Total Suspended Solids
15
Biochemical Oxygen Demand
(BOD)
15
Chromium
0.08
Zinc
0.04
Lead
0.05
Nickel
0.05
Copper
0.01
Cadmium
0.001
Refer to Section 4 for parameters not listed in the above table.
By-law 2021-002
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Sewer Use By-law
Page 23 of 23
SCHEDULE "B" SURCHARGE FORMULA AND CALCULATION
SURCHARGE FORMULA AND CALCULATION
C = Q ((K1 (TSS- 350)) + (K2 (BOD- 300))) 10-3
C = Cost of Surcharge in Dollars
Q = Quantity of flow in cubic metres (m3) per month
K1 = Cost of treatment allocated to Suspended Solids per kilogram (kg)
K2 = Cost of treatment allocated to BOD5 per kilogram (kg)
TSS = Monthly Total Suspended Solids in milligrams per litre (mg/L)
BOD = Monthly BOD in milligrams per litre (mg/L)
10-3 = Factor for converting milligrams per litre (mg/L) to kilograms/cubic metre (m3)
Note:
-
Should (TSS- 350) equal less than 0, (TSS-350=0)
-
Should (BOD- 300) equal less than 0, (BOD- 300=0)