Sanitary Sewer Use By-law No. 5-10

Brant, Ontario · adopted 2010-01-05

This is the exact embedded text of the captured official document. Snapshot 869a2073f522 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BY-LAW NUMBER 5-10 - of ­ THE CORPORATION OF THE COUNTY OF BRANT To provide for the regulation of sanitary sewer use in the County of Brant WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25, Section 10, a single-tier municipality has jurisdiction to provide sewage services, and may pass a by-law prohibiting or regulating the discharge of any matter into a sewage system; AND WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 Section 391, a municipality may pass by-laws imposing fees or charges for among other things, services or activities provided or done on behalf of the municipality, and for the use of the municipality's property; AND WHEREAS the Corporation of the County of Brant provides sanitary sewer works to certain areas of the Municipality through various sewer works systems and wishes to consolidate and update its regulations for all its sewage works systems; NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE COUNTY OF BRANT HEREBY ENACTS as follows: BY-LAW INDEX PART 1 - DEFINITIONS PART 2 - APPLICATION OF BY-LAW 2.1 Relationship to Regulation and Acts PART 3 - ADMINISTRATION 3.1 Public Works responsibility 3.2 Fees and collection 3.3 Commencement of wastewater rates 3.4 Responsibility for payment of rates PART 4 - REQUIREMENT TO CONNECT 4.1 Properties required to connect 4.2 Failure to connect 4.3 Failure to connect - offence By-law Number 5-10 Page 2 PART 5 - APPLICATION FOR SANITARY SEWAGE WORKS 5.1 Application and payment prior to installation 5.2 County Public Works application 5.3 Frontage charges 5.4 Installation - easement required 5.5 Contractor and construction standards 5.6 Offence - install without permit 5.7 Service problems PART 6 - SANITARY SEWER REQUIREMENTS 6.1 Offence to Discharge - Health and safety, damaging 6.2 Offence to Discharge - Specified matter 6.3 Human wastes - exemption 6.4 Break, damage, deface, destroy - prohibited 6.5 Food-related grease interceptors 6.6 Offence - fail to install grease interceptor 6.7 Interceptors for motor oil and lubricating grease 6.8 Offence - fail to install oil interceptor 6.9 Dilution Prohibited PART 7 - REPORTS 7.1 Report - requirements 7.2 Sanitary Survey Report - content 7.3 Sanitary Survey Report - format Schedule A 7.4 Information change - time limit 7.5 Offence - fail to provide report PART 8 - AGREEMENTS 8.1 Over Strength Agreement 8.2 Agreement exemptions PART 9 - SAMPLING AND ANALYTICAL REQUIREMENTS 9.1 Requirements 9.2 Number type and method 9.3 Sampling access and alternatives 9.4 Offence - fail to install maintenance hole 9.5 Location - on premises 9.6 Alternative testing methods 9.7 Design, construction and maintenance - owner's expense 9.8 Accessibility - all times 9.9 Monitoring of discharge - requirement PART 10 - SPILLS 10.1 Discharge - duty to notify 10.2 Notice of discharge information requirements 10.3 Report to be filed within five (5) days 10.4 Offence - fail to notify By-law Number 5-10 Page 3 PART 11 - GENERAL PROVISIONS 11.1 Severable by-law provision 11.2 By-law context 11.3 By-law organization PART 12 - ENFORCEMENT 12.1 Responsibility for enforcement 12.2 Power to inspect and take samples 12.3 Power of entry re inspection 12.4 Inspection powers 12.5 Samples 12.6 Power of entry - pursuant to an order 12.7 Power of entry - dwelling unit 12.8 Order to discontinue 12.9 Offence - contravene order to discontinue 12.10 Work order 12.11 Offence - contravene work order 12.12 Remedial action 12.13 Offence - obstructing officer or inspector PART 13 - PENALTY 13.1 Fine - for contravention - other than corporation 13.2 Fine - for contravention - corporation 13.3 Continuation - repetition contravention 13.4 Continuation - repetition contravention - corporation PART 14 - SHORT TITLE 14.1 Short Title PART 15 - PREVIOUS BY-LAWS REPEALED 15.1 Repeal - previous by-laws PART 16 - EFFECTIVE DATE 16.1 Effective date SCHEDULE A - SANITARY SEWER SURVEY REPORT SCHEDULE B - REFERENCE By-law Number 5-10 Page 4 PART 1 - DEFINITIONS In this by-law, the following terms shall have the meanings indicated: 1.1 Acute hazardous waste chemical "acute hazardous waste chemical" means a material which is an acute hazardous waste chemical within the meaning of Ontario Regulation 347 as amended, made under the Environmental Protection Act (Ontario). 1.2 Authorized representative -owner -operator "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; or (b) a general partner or proprietor if the owner or operator is a partnership or proprietorship, respectively; or (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 sewage discharge originates. 1.3 Biochemical oxygen demand "biochemical oxygen demand" means carbonaceous oxygen demand (biochemical) as determined by Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation. 1.4 Blowdown "blowdown" means the discharge of recirculating non-contact cooling water for the purpose of discharging materials contained in the water, the further build-up of which would cause concentrations in amounts exceeding limits established by best engineering practices. 1.5 Building Code "Building Code" means the Building Code Act, 1992, S.O. c.23 and regulations thereunder, as amended. 1.6 Chemical oxygen demand "chemical oxygen demand" means the quantity of oxygen utilized in the chemical oxidation of matter as determined by Standard Methods. By-law Number 5-10 Page 5 1.7 Commercial waste chemical "commercial waste chemical" means a material which is a commercial waste chemical within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time. 1.8 Composite sample "composite sample" means a sample which is composed of a series of grab samples taken at intervals during the sampling period. 1.9 Contractor "contractor" means a person, partnership, or corporation who contracts to undertake the execution of work commissioned by the County or by an owner or operator to install or maintain sanitary mains, service mains, services and other appurtenances. 1.10 County "County" means the Corporation of the County of Brant. 1.11 Developer "Developer" means the owner or party specifically named in a development agreement or in a subdivision agreement. 1.12 Director "Director" means Director of Public Works or their designate. 1.13 Fees "fees" means the fees described by the current version of the County Fees and Charges By-law as amended from time to time. 1.14 Frontage Charge "frontage charge" means a charge payable by certain customers prior to approval of the installation of the sanitary service pipe or its connection to a sanitary sewer main line. 1.15 Fuels "fuels" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable substance intended for use as a fuel. 1.16 Grab sample "grab sample" is an aliquot of the flow being taken at one particular time and place. 1.17 Hauled sewage "hauled sewage" means waste removed from a sewage system, including a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet or a sewage holding tank. By-law Number 5-10 Page 6 1.18 Hauled waste "hauled waste" means any industrial waste which is transported into any location in the sewage works, excluding hauled sewage. 1.19 Hazardous industrial waste "hazardous industrial waste" means a material which is a hazardous industrial waste within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time. 1.20 Hazardous waste chemical "hazardous waste chemical" means a material which is a hazardous waste chemical within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time. 1.21 Ignitable waste "ignitable waste" means a material which is an ignitable waste within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time. 1.22 Industrial "industrial" means of or pertaining to industry, manufacturing, commerce, trade, business, or institutions as distinguished from domestic or residential. 1.23 Industrial process area "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. 1.24 Industrial wastes "industrial wastes" means all water-carried wastes and wastewaters, excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes quantities of wastes of non-human origin. 1.25 Kjeldahl nitrogen "Kjeldahl nitrogen" means organic nitrogen as determined by Standard Methods. 1.26 Maintenance hole "maintenance hole" means the top opening to an underground utility vault used to house an access point for performing maintenance on underground and buried services including sewers. 1.27 Matter "matter" includes any solid, liquid or gas. By-law Number 5-10 Page 7 1.28 Municipal Act, 2001 "Municipal Act, 2001" means the Municipal Act, 2001, c.25 and regulation thereunder, as amended. 1.29 Municipality "municipality" means The Corporation of the County of Brant or its designated representative. 1.30 NAICS "NAICS" means North American Industry Classification System Manual published by the Executive Office of the President, Office of Management and Budget (replaces SIC). 1.31 Non-contact cooling water "non-contact cooling water" means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with any raw material, intermediate product other than heat, or finished product. 1.32 Once-through cooling water "once-through cooling water" means non-contact cooling water that has been circulated once through the cooling device. 1.33 Ontario Water Resources Act "Ontario Water Resources Act" means the Ontario Water Resources Act R.S.O. 1990, c.O.40 and regulations thereunder, as amended, repealed or replaced from time to time. 1.34 "Owner or operator" "owner or operator" includes the registered owner of the property, land, premises, work, undertaking, or business, and the person or the person's authorized representative having the charge, management or control over the property, land, premises, work, undertaking or business, and the occupant. 1.35 Pathological waste "pathological waste" means a material which is a pathological waste within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time. 1.36 PCB "PCB" means any mono-chlorinated or poly-chlorinated biphenyl or any mixture of these or mixture that contains one or more of them. 1.37 PCB waste "PCB waste" means a PCB waste within the meaning of Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 362 as amended, repealed or replaced from time to time. By-law Number 5-10 Page 8 1.38 Person "person" includes an individual, association, partnership, corporation, municipality, provincial or federal agency, or other legal representatives of a person in whom the context can apply according to law, and includes the owner or operator of the premises that is connected to the sanitary sewage works. 1.39 Pesticides "pesticides" means a pesticide regulated under the Pesticides Act (Ontario). 1.40 pH "pH" means the logarithm to the base 10 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution. 1.41 Phenolic compounds "phenolic compounds" means those derivatives of aromatic hydrocarbons which have a hydroxyl group directly attached to the ring. 1.42 Phosphorus "Phosphorus" means total phosphorus as determined by Standard Methods. 1.43 Premises "premises" means lands and structures or either of them. 1.44 Private Sanitary Service Stub "private sanitary service stub" means the portion of the sanitary service pipe between the building wall and the property line. 1.45 Reactive waste "reactive waste" means a material which is a reactive waste within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time. 1.46 Sanitary service pipe "sanitary service pipe" means the sewer pipe between the building wall and the sanitary sewer mainline. 1.47 Sanitary sewer mainline "sanitary sewer mainline means the sanitary sewage works excluding the sanitary service pipe and the Sewage Treatment Plant. 1.48 Sanitary sewage works "sanitary sewage works" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works, but does not include plumbing to which the Building Code Act, 1992 applies. 1.49 Severely toxic contaminants "severely toxic contaminants" means any material listed within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time. By-law Number 5-10 Page 9 1.50 Sewage "sewage" means any liquid waste containing animal, vegetable or mineral matter in solution or in suspension, except uncontaminated water. 1.51 Sewage flow "sewage flow" means the volume of sewage disposed to the sanitary sewage works and may be in the form of a rate per day, per hour, or per second. 1.52 Solvent extractable matter "solvent extractable matter" means grease and oil as determined by the Standard Methods. 1.53 Standard Methods "Standard Methods" means a procedure set out in the most current edition, as of the date of testing, of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and Water Pollution Control Federation, or a procedure approved by the Ontario Ministry of the Environment as a standard method or the equivalent of a standard method. 1.54 Storm sewer "storm sewer" means a sewer for the collection and transmission of uncontaminated water, stormwater, drainage from land or from a watercourse or any combination thereof. 1.55 Stormwater "stormwater" means water from rainfall or other natural precipitation or from the melting of snow or ice. 1.56 Subsequent conviction "subsequent conviction" means a conviction for an offence which occurs after the date of conviction for an earlier offence under this By-law. 1.57 Suspended solids "suspended solids" means solid matter in or on a liquid which matter is removable by filtering as determined by the Standard Methods. 1.58 Uncontaminated water "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 1.59 Watercourse "watercourse" means an open 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, including road ditches and including other natural depressions or watercourses draining into any such open channel or ditch whether connected to a storm sewer or not. 1.60 Waste disposal site leachate "waste disposal site leachate" means leachate from any waste disposal site. By-law Number 5-10 Page 10 1.61 Waste radioactive materials "waste radioactive materials" means any waste material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles. 1.62 Wastewater rate "wastewater rate" means the monthly charge for sewer use as established by the current version of the County Fees and Charges By-law as amended from time to time. PART 2 - APPLICATION OF BY-LAW 2.1 Relationship to Regulation and Acts Nothing in this By-law is to be construed as purporting to permit anything which by the provision of any applicable Provincial Act or Regulation is prohibited, and where there is a conflict in this respect between the provisions of the applicable Act or Regulation and the provisions of this By-law, the provisions of the applicable Act or Regulation are to prevail. PART 3 - ADMINISTRATION 3.1 Public Works responsibility The Director is responsible for the administration of this By-law and may assign duties to such persons and inspectors as necessary to carry out the provisions of this By-law. 3.2 Fees and collection The County is responsible for billing and collecting all fees and charges as specified in the latest copy of the "Fees and Charges By-law" as amended, repealed or replaced from time to time except as otherwise provided under this By-law. The Director may impose additional fees if the Director deems it fit to do so. 3.3 Commencement of wastewater rates Wastewater rates shall commence with the connection of the sanitary service pipe to the sanitary sewer mainline and the connection to a water supply. If the water supply originates from the municipal drinking water system, the charges will be calculated based on the volumes measured by the water meter. If the water is supplied through a private water supply the owner will be required to purchase and install a municipal water meter in accordance with the requirements of the Drinking Water By-law Number 116-06. The readings from their meter will be used to calculate the wastewater rate. By-law Number 5-10 Page 11 3.4 Responsibility for payment of rates Pursuant to Section 398 (1) and (2) of the Municipal Act, wastewater rates shall in every case be the responsibility of the owner of the premises in which the sanitary sewage is generated. Any unpaid amounts in excess of 90 days due and payable shall be a lien and charge upon the estate or interest in such land and may be collected by distress upon the goods and chattels of such person and by the sale of this estate and interest in the land like taxes. PART 4 - REQUIREMENT TO CONNECT 4.1 Properties required to connect Every person, when required by a written notice from the Director, shall connect to the sanitary sewer mainline, in accordance with Part 5, within the time period as specified in the notice. 4.2 Failure to connect 4.2.1 Pursuant to Section 446 of the Municipal Act, 2001, if the owner fails to make a connection required by a Notice within the time period specified, the Municipality may make the connection at the expense of the owner and for this purpose may enter into and upon the property subject to the requirements of Sections 435 - 438 of the Municipal Act, 2001. 4.2.2 Pursuant to Section 446 of the Municipal Act, 2001, the costs of making such connection may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes and shall bear interest calculated at the same rate as overdue taxes, calculated for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including the interest, are paid in full. 4.3 Failure to connect - offence No owner of lands shall fail to connect to a sanitary sewer mainline as required by section 4.1. PART 5 - APPLICATION FOR SANITARY SEWAGE WORKS 5.1 Application and payment prior to installation No person shall install or alter, or permit the installation or alteration of a sanitary service pipe or connect or permit the connection to a sanitary sewer mainline, without an approved Public Works Permit, except if said installation, alteration or connection is authorized under a subdivision agreement. 5.2 County Public Works application The owner of lands that abut a sanitary sewer mainline, or their authorized agent, shall make application for such service on the County's Public Works Permit Application, and shall pay the applicable fee as set out in the County Fees and Charges By-law By-law Number 5-10 Page 12 5.3 Frontage charges Frontage charges apply to certain premises in the County. At the time of filing an application pursuant to section 5.1, the County will advise the owner if frontage charges apply to their premises. Payment of the frontage charges is required at the time of application for Public Works Permit. 5.4 Installation - easement required No person shall install or permit the installation of any sanitary service pipe over, or across the property of another owner unless a registered easement is obtained for such location, at the person's expense, and proof of such registered easement is provided to the County. 5.5 Contractor and construction standards The owner of the property shall, at their own expense, be responsible for hiring a competent contractor to undertake the work authorized in the Public Works Permit. A competent contractor shall have demonstrated the knowledge, experience and ability to complete such work in accordance with all applicable construction standards and in a timely manner. 5.6 Offence - install without permit No person shall install or permit the installation of any sanitary sewage works that is not in compliance with the County's Public Works Permit or Development and Engineering Standards. 5.7 Service problems The owner will be held responsible for all costs due to repairs, or cleaning of the sanitary service pipe where the damage to or blockage of the sanitary service pipe is a result of a discharge into the sanitary service pipe. In addition the owner will be held responsible to repair any damage to the portion of the sanitary service pipe that is located between the building wall and the property line, except where the cause of the damage is attributable to the County as determined by the Director. PART 6 - SANITARY SEWER REQUIREMENTS 6.1 Offence to Discharge - Health and safety, damaging No person shall discharge or deposit or cause or permit the discharge or deposit of matter of a kind, directly or indirectly, to any sanitary sewage works: 6.1.1 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 6.1.2 which may be or may become harmful to a sanitary sewage works; or 6.1.3 which may cause the sanitary sewage works effluent to contravene any requirement by or under the Ontario Water Resources Act, or the Environmental Protection Act; or By-law Number 5-10 Page 13 6.1.4 which may interfere with the proper operation of a sanitary sewage works; or 6.1.5 which may impair or interfere with any sewage treatment process; or 6.1.6 which is or may result in a hazard to any person, animal, property or vegetation. . 6.2 Offence to Discharge - Specified matter Without limiting the generality of section 6.1, no person shall discharge or deposit or permit the discharge or deposit, directly or indirectly into any sanitary sewage works any of the following: 6.2.1 Solid or viscous substances in quantities or of such size as to be capable of causing obstruction to the sewage flow in a sanitary sewage works, including but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, fibers, feathers, grease, tar, plastics, wood, garbage, animal guts or tissues, paunch manure, fats, greases, oils and whole blood; 6.2.2 Sewage that may cause an offensive odor to emanate from a sanitary sewage works, including but not limited to, hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such quantity that may cause an offensive odor; 6.2.3 Stormwater, water from drainage of roofs or land, water from a watercourse or uncontaminated water, sump pumps, subsurface perimeter drains, or surface water; 6.2.4 Water that has originated from a source separate from the water distribution system of the municipality except with prior approval by way of a Public Works Permit. Permission may be granted if considered acceptable by the Director and subject to metering and payment by the owner of the sewer service rate set out in the Fees and Charges By-law for all water discharged to the sanitary sewage works; 6.2.5 Sewage or uncontaminated water at a temperature greater than 60 degrees Celsius; 6.2.6 Sewage having a pH less than 6.0 or greater than 9.5; 6.2.7 Sewage containing more than 15 milligrams per litre of solvent extractable matter of mineral or synthetic origin; 6.2.8 Sewage containing more than 100 milligrams per litre of solvent extractable matter of animal or vegetable origin except where an over strength discharge agreement allowing discharge in excess of this limit is in effect; By-law Number 5-10 Page 14 6.2.9 Sewage in which chemical oxygen demand exceeds 1000 milligrams per litre except where an over strength discharge agreement allowing discharge in excess of these limits, is in effect; 6.2.10 Sewage in which the biochemical oxygen demand exceeds 300 milligrams per litre except where an over strength discharge agreement allowing discharge in excess of these limits, is in effect; 6.2.11 Sewage containing more than 350 milligrams per litre of suspended solids except where an over strength discharge agreement allowing discharge in excess of these limits, is in effect; 6.2.12 Sewage containing more than 10 milligrams per litre of phosphorus; 6.2.13 Sewage containing more than 100 milligrams per litre of Kjeldahl nitrogen; 6.2.14 Sewage containing more than 0.10 milligrams per litre of phenolic compounds; 6.2.15 Sewage which consists of two or more separate liquid layers; 6.2.16 Sewage containing dyes or coloring materials that causes discoloration of the sewage works effluent; 6.2.17 Sewage containing any of the following in excess of the indicated concentrations; 6.2.17.1 1500 milligrams/litre Chlorides expressed as Cl Sulphates expressed as SO4, 6.2.17.2 50 milligrams/litre Aluminum expressed as Al Iron expressed as Fe, , 6.2.17.3 10 milligrams/litre Fluorides expressed as F, 6.2.17.4 5 milligrams/litre Antimony expressed as Sb Barium expressed as Ba Bismuth expressed as Bi Cobalt expressed as Co Manganese expressed as Mn Molybdenum expressed as Mo Silver expressed as Ag Tin expressed as Sn Titanium expressed as Ti Vanadium expressed as V, By-law Number 5-10 6.2.17.5 6.2.17.6 6.2.17.7 6.2.17.8 Page 15 3 milligrams/litre Lead expressed as Pb Nickel expressed as Ni, 2 milligram/litre Copper expressed as Cu Sulphide as S Zinc expressed as Zn, 1 milligram/litre Arsenic expressed as As Chromium expressed as Cr Cyanide expressed as HCN Selenium expressed as Se, 0.10 milligrams/litre Cadmium expressed as Cd Mercury expressed as Hg, 6.2.18 Sewage containing any of the following in any amount: 6.2.18.1 Fuels 6.2.18.2 PCBs 6.2.18.3 Pesticides 6.2.18.4 Severely Toxic Contaminants 6.2.18.5 Waste Radioactive Materials; 6.2.19 Sewage containing any of the following in any amount except discharges from County Operations: 6.2.19.1 Hauled Sewage 6.2.19.2 Hauled waste 6.2.19.3 Waste Disposal Site Leachate; 6.2.20 Any of the following Hazardous wastes in any amount; 6.2.20.1 6.2.20.2 6.2.20.3 6.2.20.4 6.2.20.5 6.2.20.6 6.2.20.7 Acute Hazardous Waste Chemicals Hazardous Industrial Wastes Hazardous Waste Chemicals Ignitable Wastes Pathological Wastes PCB Wastes, different than above Reactive Wastes; 6.2.21 Pharmaceutical drugs of any nature. 6.3 Human wastes - exemption Subsections 6.2.1 and 6.2.2 do not apply to prevent the discharge of human waste. By-law Number 5-10 Page 16 6.4 Break, damage, deface, destroy - prohibited No person shall break, damage, destroy, deface or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering with: 6.4.1 any part of a sanitary sewage works; or 6.4.2 any permanent or temporary device installed in a sanitary sewage works for the purpose of measuring, sampling and testing. 6.5 Food-related grease interceptors Every owner or operator of a restaurant or other industrial, commercial or institutional premises where food is cooked, processed or prepared, which premises is connected directly or indirectly to a sanitary sewage works, shall upon written direction issued by the Director, install, operate, and properly maintain a grease interceptor in any piping system at its premises that connects directly or indirectly to a sanitary sewage works. 6.6 Offence - fail to install grease interceptor No person shall fail to install or permit the failure to install, a grease interceptor as required by section 6.5. 6.7 Interceptors for motor oil and lubricating grease Every owner or operator of a motor vehicle service station, repair shop or garage or an industrial, commercial or institutional premises or any other establishment where motor vehicles are repaired lubricated or maintained and where the sanitary discharge is directly or indirectly connected to sanitary sewage works shall, upon written direction issued by the Director, install and maintain an oil interceptor designed to prevent motor oil and lubricating grease from passing, directly or indirectly into the sanitary sewage works. 6.8 Offence - fail to install oil interceptor No person shall fail to install or permit the failure to install, an oil interceptor as required by section 6.7. 6.9 Dilution - prohibited In determining whether the limit with respect to any matter described in Part 6 is contravened, the volume of any water that has been added that enables compliance with the limit, shall be disregarded for the purposes of calculating whether the limit has been met so that compliance with the limit cannot be attained by dilution PART 7 - REPORTS 7.1 Report - requirements The owner or operator of an industrial premises, that discharge into any sanitary sewage works, shall, upon written direction issue by the Director, prepare and file with the County a Sanitary Survey Report in accordance with sections 7.2 and 7.3. By-law Number 5-10 Page 17 7.2 Sanitary Survey Report - content The Sanitary Survey Report shall contain the following information and shall be signed by an authorized representative of the owner or operator: 7.2.1 name and address of the premises, and names of its owner and operator; 7.2.2 description of process operations, including waste discharge rates and contaminant concentrations, hours of operation, and North American Industrial Classification System (NAICS CANADA); 7.2.3 a schematic process diagram indicating waste discharge points and waste descriptions; 7.2.4 the generator registration number, if any, assigned with respect to the premises under Ontario Regulation 347, made under the Environmental Protection Act, as amended, repealed or replaced from time to time; and 7.2.5 the waste class, hazardous waste number, primary and secondary characteristics and analytical data and the name of the laboratory, if any, furnished to the Ontario Ministry of the Environment within the meaning of the Environmental Protection Act (Ontario) R.R.O. 1990, Regulation 347 as amended, repealed or replaced from time to time, relating to any material discharged into any sanitary sewage works. 7.3 Sanitary Survey Report - format Schedule A The Sanitary Survey Report shall be in the format of Schedule A. 7.4 Information change - time limit Where a change occurs in any information required under section 7.2 and contained in a Sanitary Survey Report, the owner or operator of the premises shall not discharge or deposit or cause or permit the discharge or deposit of sewage into any sanitary sewage works, unless the owner has submitted a new Sanitary Survey Report 30 calendar days prior to any change in discharge content. 7.5 Offence - fail to provide report No person shall fail or permit the failure to provide a Sanitary Survey Report as required and in accordance with the requirements of this part. PART 8 - AGREEMENTS 8.1 Over Strength Agreement If the sanitary sewage discharge of any person, are of such unusual strength or character that compliance with this By-law is not possible, the County may agree to accept the wastes, provided the said wastes are in no way detrimental to the operation of the sanitary sewage works, subject to the person entering into an agreement with the County, to provide for payment of the sewage service rate surcharge, to be calculated according to the terms of the agreement. By-law Number 5-10 Page 18 8.2 Agreement exemptions No person shall exceed, or permit the exceedance of the limits permitted in any overstrength agreement executed in accordance with section 8.1. PART 9 - SAMPLING AND ANALYTICAL REQUIREMENTS 9.1 Requirements Except as otherwise specifically provided in this Part, all tests, measurements, analyses and examinations of sewage, uncontaminated water and stormwater shall be carried out in accordance with Standard Methods. 9.2 Number, type and method 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. 9.3 Sampling access and alternatives The owner of industrial premises with one or more connections to any sanitary sewage works shall, upon written direction issued by the Director, install and maintain in good repair in each connection a suitable maintenance hole to allow observation and sampling of the sewage and measurement of sewage flow therein, provided that where installation of a maintenance hole is not possible, an alternative device or facility may be substituted with the written approval of the Director. 9.4 Offence - fail to install maintenance hole No person shall fail to install or permit the failure to install a maintenance hole if required pursuant to section 9.3. 9.5 Location - on premises The maintenance hole or alternate device shall be located at the property line on the property of the owner or operator of the premises, unless the Director has given written approval for a different location. 9.6 Alternative testing methods Where there is no maintenance hole meeting the requirements of this By-law, the Director may, by written notice to an industry, make use of an alternate device or facility for the purpose of sampling a discharge to the sanitary sewage works. 9.7 Design, construction and maintenance - owner's expense Every maintenance hole, device or facility installed as required by this By-law shall be designed and constructed in accordance with good engineering practice and the requirements of the municipality, and shall be constructed and maintained by the owner or operator of the premises at their expense. By-law Number 5-10 Page 19 9.8 Accessibility - all times The owner or operator of industrial premises shall at all times ensure that every maintenance hole, device or facility installed as required by this By-law is at all times accessible for purposes of observing and sampling the sewage and measuring the sewage flow therein. 9.9 Monitoring of discharge - requirement The Director 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 municipality. PART 10 - SPILLS 10.1 Discharge - duty to notify Any person who discharges or deposits or causes or permits a discharge or a deposit, into any sanitary sewage works that is not consistent with the ordinary discharge or deposit or that is contrary to the provisions of this by-law, shall notify the Director as soon as reasonably possible after becoming aware of the discharge or deposit. This reporting requirement is in addition to any other legal obligations to report. 10.2 Notice of discharge information requirements For any of the discharges in section 10.1 for which the person is required to give notice, the notification shall include the following information and shall be verbal or by personal contact: 10.2.1 name of the company and the address of location of the spill; 10.2.2 name of person reporting the spill and telephone number where that person can be reached; 10.2.3 time of the spill; 10.2.4 type and volume of material discharged and any associated hazards as would be outlined on a material safety data sheet; 10.2.5 information as to whether or not the material entered the sanitary sewage works or storm sewer system or any land drainage works; 10.2.6 corrective actions being taken to control the spill; 10.2.7 detailed description of clean-up procedures on or off the property (including dates, times and list of any contracted assistance that has been received during the clean-up); 10.2.8 information regarding whether or not the spill was reported to the Ontario Ministry of the Environment and, if reported, the date such report was made. By-law Number 5-10 Page 20 10.3 Report to be filed within five (5) days Within five days following a discharge to which section 10.1 applies, the person shall submit to the Director a detailed written report describing the cause of the spill and the actions taken or to be taken to prevent a recurrence and shall include a detailed description of the items contained in section 10.2. 10.4 Offence - fail to notify No person shall fail to notify the municipality or permit the failure to notify of a discharge into the sanitary sewage works in accordance with the requirements of this Part. PART 11 - GENERAL PROVISIONS 11.1 Severable by-law provision If a court of competent jurisdiction declares a part or the whole of any provision of this By-law to be invalid or of no force and effect, the provision or part is deemed severable from this By-law, and the remainder shall survive and be applied and enforced in accordance with its terms to the extent possible under the law. 11.2 By-law context This By-law shall be read with such changes of gender, number and corporate status as the context may require. 11.3 By-law organization The insertion of headings and the division of this By-law, into parts, sections and subsections are for convenience of reference only and shall not affect the interpretation of this By-law. PART 12 - ENFORCEMENT 12.1 Responsibility for enforcement Municipal Enforcement Officers appointed by the County are authorized to enforce the provisions of this By-law. 12.2 Power to inspect and take samples In accordance with section 87 of the Municipal Act, 2001, and in accordance with Part 12 of this By-law, the municipality may enter on land, at reasonable times, to inspect the discharge of any matter into the sanitary sewage works of the municipality or into any other sewage system the contents of which ultimately empty into the municipal sanitary sewage works and may conduct tests and take samples for this purpose. 12.3 Power of entry re inspection Pursuant to section 435 and 436 of the Municipal Act, 2001 any employee, officer or agent of the municipality or a member of the police force of the municipality, may without notice, and upon producing proper identification upon request, enter By-law Number 5-10 Page 21 on land at any reasonable time for the purpose of carrying out an inspection, to determine whether this By-law, a direction or order of the municipality made under this by-law, a condition of a permit issued under this By-law , or an order made under Section 431 of the Municipal Act, is being complied with. The person exercising the power may be accompanied by a person under his or her direction. 12.4 Inspection powers Any employee, officer or agent of the municipality or a member of the police force of the municipality, carrying out an inspection pursuant to section 12.2 of this By­ law may: 12.4.1 require the production for inspection of documents or things relevant to the inspection; 12.4.2 inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 12.4.3 require information from any person concerning a matter related to the inspection; and 12.4.4 alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 12.5 Samples 12.5.1 A sample taken under subsection 12.4.4 shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 12.5.2 If a sample is taken under subsection 12.4.4 and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 12.5.3 A receipt shall be provided for any document or thing removed under subsection 12.4.2 and the document or thing shall be promptly returned after the copies or extracts are made. 12.5.4 Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals. 12.6 Power of entry - pursuant to an order Where an employee, officer or agent of the municipality or a member of the police force of the municipality, has made a reasonable attempt to obtain the occupier's consent to conduct an inspection and has been unable to exercise the By-law Number 5-10 Page 22 powers of inspection under the authority of section 12.2 or 12.3, the municipality may, pursuant to section 438 of the Municipal Act, 2001 obtain an order authorizing the municipality to enter on land for the purpose of carrying out an inspection. 12.7 Power of entry - dwelling unit Despite section 12.2, a person exercising a power of entry on behalf of the municipality under this By-law shall not enter or remain in any room or place actually being used as a dwelling unless: 12.7.1 the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438, a warrant issued under section 439 or a warrant under section 386.3 of the Municipal Act, 2001; 12.7.2 an order issued under section 438 of the Municipal Act, 2001 is obtained; 12.7.3 a warrant issued under section 439 of the Municipal Act, 2001 is obtained; 12.7.4 a warrant issued under section 386.3 of the Municipal Act, 2001 is obtained; 12.7.5 the delay necessary to obtain an order under section 438, to obtain a warrant under section 439 or to obtain the consent of the occupier would result in an immediate danger to the health or safety of any person. 12.8 Order to discontinue Pursuant to section 444 of the Municipal Act, 2001, where the municipality is satisfied that a contravention of this By-law has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity. The order shall set out, 12.8.1 reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and 12.8.2 the date by which there must be compliance with the order. 12.9 Offence - contravene order to discontinue No person shall contravene an order to discontinue, issued pursuant to section 12.8. By-law Number 5-10 Page 23 12.10 Work order Pursuant to section 445 of the Municipal Act, 2001, where the municipality is satisfied that a contravention of this By-law has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention. An order may require work to be done even though the facts which constitute the contravention of the by-law were present before the by-law making them a contravention came into force. The order shall set out: 12.10.1 reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and 12.10.2 the work to be done and the date by which the work must be done. 12.11 Offence - contravene work order No person shall contravene a work order issued pursuant to section 12.10. 12.12 Remedial action Pursuant to section 446 of the Municipal Act, 2001, where the municipality has the authority under this By-law or under any Act to direct or require a person to do a matter or thing, in default of it being done by the person directed or required to do it, the municipality may enter upon land at any reasonable time, to perform the work at the person's expense and may recover the costs from the person directed or required to do it, by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 12.13 Offence - obstructing officer or inspector No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this by-law. PART 13 - PENALTY 13.1 Fine - for contravention - other than corporation Subject to section 13.2, every person who contravenes any provision of this By­ law and every director or officer of a corporation who knowingly concurs in the contravention of a by-law by the corporation is guilty of an offence and upon conviction is subject to a fine of not more than $ 5,000 for a first conviction, and not more than $ 10,000 for any subsequent conviction of this By-law. By-law Number 5-10 Page 24 13.2 Fine - for contravention - corporation Despite section 13.1, where a corporation is convicted of an offence under the provisions of this By-law, the maximum fines that may be imposed on the corporation are $ 25,000 for a first conviction and $ 50,000 for any subsequent conviction. 13.3 Continuation - repetition contravention Notwithstanding section 13.1, every person that contravenes any provision of this By-law and and every director or officer of a corporation who knowingly concurs in the contravention of this by-law by the corporation is guilty of an offence for every day or part thereof upon which such offence occurs or continues, and upon conviction is liable, to a fine of not more than $ 5,000 for each day that the offence continues. 13.4 Continuation - repetition contravention - corporation Notwithstanding section 13.2, every corporation that contravenes any provision of this By-law is guilty of an offence for every day or part thereof upon which such offence occurs or continues and upon conviction is liable, to a fine of not more than $ 10,000 for each day that the offence continues. PART 14 - SHORT TITLE 14.1 Short title This By-law may be known and referred to as the "Sanitary Sewer Use By-law". PART 15- PREVIOUS BY-LAWS REPEALED 15.1 Repeal - previous by-laws That the following By-laws are hereby repealed: No. FORMER MUNICIPILITY BY­ LAW # DESCRIPTION BRANT COUNTY BY-LAW # 1. Town of Paris 2353 2806 Sewer Use Requirements to Connect 280-03 281-03 2. Township of Brantford 4013 4873 Sewer Use Connection Requirements 278-03 279-03 3. Township of South Dumfries 18-81 Connection sanitary/storm 283-03 And that all By-laws and parts of By-laws inconsistent with the provisions of this by-law are hereby repealed. _____________________________________ ____________________________________ By-law Number 5-10 Page 25 PART 16 - EFFECTIVE DATE 16 .1 Effective date This By-law comes into force and takes effect upon the receipt of an approved set fine order. READ a first and second time, this 5th day of January, 2010. READ a third time and finally passed in Council, this 5th day of January, 2010. THE CORPORATION OF THE COUNTY OF BRANT Mayor Clerk _________________________________ __________________________ _________________________________ __________________________ _________________________________ __________________________ __________________________ __________________________ ________________________________________________________________ ________________________________________________________________ _________________________________ __________________________ SCHEDULE A COUNTY OF BRANT SANITARY SEWER SURVEY REPORT SECTION 1 - GENERAL INFORMATION (a) Name of Person submitting report: ________________________________ (name) (company name, corporation, (telephone no.) Identify if owner or operator) (postal address) (postal code) (b) Company Officer responsible for effluent control: (name) (telephone no.) (facsimile no.) (email address) (c) Location of Premises: (number, street, or road, municipality) THE INFORMATION CONTAINED IN THIS REPORT TO THE BEST OF MY KNOWLEDGE AND BELIEF IS TRUE, COMPLETE AND ACCURATE. (authorized representative of owner or operator) (title) (date) __________________ __________________ __________________ __________________ __________________ __________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ SECTION 2 - PRODUCT OR SERVICE INFORMATION (a) North American Industry Classification System (NAICS CANADA) - See Schedule B. (b) Brief Description of manufacturing or service activities: (c) Principal products produced or services rendered: (d) Number of employees Plant: _____ Office: _____ (e) Number of shifts per day: _____ Number of days per week: _____ (f) Are major processes: [ ] batch [ ] continuous [ ] both If batch, average number of batches per 24-hour day: _____ (g) Is the production subject to seasonal variation: [ ] yes [ ] no If yes, briefly describe seasonal production cycle: (h) Is there a special clean-up period: [ ] yes [ ] no If yes, briefly describe clean-up period activites: ________________________________________________________________ ________________________________________________________________ SECTION 3 - WASTE CHARACTERISTICS (a) Source of Water supply (b) Type of waste discharged (check all that apply): Type AVERAGE FLOW/DAY (m3/DAY) [ ] sanitary [ ] estimated [ ] noncontact cooling [ ] estimated [ ] contact cooling [ ] estimated [ ] process [ ] estimated [ ] other [ ] estimated [ ] measured [ ] measured [ ] measured [ ] measured [ ] measured (c) Waste are discharged to (check all that apply) Type AVERAGE FLOW/DAY (m3/DAY) [ ] sanitary #1 [ ] estimated [ ] sanitary #2 [ ] estimated [ ] ground water [ ] estimated [ ] surface water [ ] estimated [ ] evaporation [ ] estimated [ ] measured [ ] measured [ ] measured [ ] measured [ ] measured If more than two (2) sanitary sewer connections, please include. (d) Expected characteristics of wastes discharged to sanitary sewer (complete Pollutant Information sheets for the discharge to each sewer). SECTION 4 - PHYSICAL LAY-OUT Layout sketch of property (to scale or approximate) to co-ordinate buildings, pretreatment works, property boundaries, effluent lines, and sanitary sewer connections. Number of sewer connections to County sewers so that they can be related to Pollutant Information Sheets. Please attach to end of report. SECTION 5 - ONTARIO REGULATION 347 INFORMATION For wastes discharged into or in connection to any sanitary sewer (a) Generator registration number: _________________ SECTION 6 - ONTARIO REGULATION 347 INFORMATION For wastes discharged into or in connection to any sanitary sewer (a) Description of waste: (b) Description of generating process: (c) Primary characteristic: Analytical data (if applicable): Name of laboratory (if applicable): (d) Secondary characteristic: Analytical data (if applicable): SECTION 7 - PRETREATMENT Pretreatment devices or processes used for treating wastes or sludges before discharge to the sanitary sewer system (check as many as appropriate): [ ] Air flotation [ ] Centrifuge [ ] Chemical precipitation [ ] Chlorination [ ] Cyclone [ ] Filtration [ ] Flow Equalization [ ] Grease or oil separation, type: [ ] Grease Trap [ ] Grit Removal [ ] Ion exchange [ ] Neutralization, ph correction [ ] Reverse Osmosis [ ] Screening [ ] Sedimentation [ ] Septic tank [ ] Solvent separation [ ] Spill protection [ ] Sump [ ] Biological treatment, type: _____________________________ [ ] Rainwater diversion or storage: _________________________ [ ] Other chemical treatment, type: _________________________ [ ] Other physical treatment, type: _________________________ [ ] Other, type: __________________________________________ [ ] No pretreatment provided SECTION 8 - POLLUTANT INFORMATION SHEET (CONTROLLED MATTER) Please complete this section for each lateral sewer connection carrying industrial waste with access to the County sewer system. Information for: [ ] sanitary sewer Indicate by placing an "x" in the appropriate box for each listed parameter and the known or expected concentration in milligrams per litre. PARAMETER KNOWN SUSPECTED KNOWN CONCENTRATION PRESENT PRESENT ABSENT ABSENT SUSPECTED (mg/l) 1. chlorides [ ] [ ] [ ] [ ] ______________ 2. sulphates [ ] [ ] [ ] [ ] ______________ 3. aluminum [ ] [ ] [ ] [ ] ______________ 4. iron [ ] [ ] [ ] [ ] ______________ 5. fluoride [ ] [ ] [ ] [ ] ______________ 6. phosphorus [ ] [ ] [ ] [ ] ______________ 7. antimony [ ] [ ] [ ] [ ] ______________ 8. bismuth [ ] [ ] [ ] [ ] ______________ 9. chromium [ ] [ ] [ ] [ ] ______________ 10. cobalt [ ] [ ] [ ] [ ] ______________ 11. lead [ ] [ ] [ ] [ ] ______________ 12. manganese [ ] [ ] [ ] [ ] ______________ 13. molybdenum [ ] [ ] [ ] [ ] ______________ 14. selenium [ ] [ ] [ ] [ ] ______________ 15. silver [ ] [ ] [ ] [ ] ______________ 16. tin [ ] [ ] [ ] [ ] ______________ 17. titanium [ ] [ ] [ ] [ ] ______________ 18. vanadium [ ] [ ] [ ] [ ] ______________ 19. copper [ ] [ ] [ ] [ ] ______________ 20. cyanide [ ] [ ] [ ] [ ] ______________ 21. nickel [ ] [ ] [ ] [ ] ______________ 22. zinc [ ] [ ] [ ] [ ] ______________ 23. arsenic [ ] [ ] [ ] [ ] ______________ 24. cadmium [ ] [ ] [ ] [ ] ______________ 25. phenolic [ ] [ ] [ ] [ ] ______________ compounds 26. mercury [ ] [ ] [ ] [ ] ______________ 27. BOD [ ] [ ] [ ] [ ] ______________ 28. TS [ ] [ ] [ ] [ ] ______________ 29. Oil & Grease [ ] [ ] [ ] [ ] ______________ (veg / animal) 30. Oil & Grease [ ] [ ] [ ] [ ] ______________ (mineral / syn) 31. Kjeldahl [ ] [ ] [ ] [ ] ______________ Nitrogen SECTION 9 - POLLUTANT INFORMATION SHEET (NO DISCHARGE) Please complete this section for each sanitary service pipe carrying industrial waste with access to the County sanitary sewer system. Indicate by placing an "x" in the appropriate box for each listed parameter and the known or expected concentration in milligrams per litre. PARAMETER KNOWN SUSPECTED KNOWN QUANTITY PRESENT PRESENT ABSENT ABSENT kg/month 32. pesticides [ ] [ ] [ ] [ ] 33. acute hazardous waste [ ] [ ] [ ] [ ] chemicals 34. fuels [ ] [ ] [ ] [ ] 35. hazardous industrial wastes [ ] [ ] [ ] [ ] 36. hazardous waste chemicals [ ] [ ] [ ] [ ] 37. ignitable wastes [ ] [ ] [ ] [ ] 38. pathological wastes [ ] [ ] [ ] [ ] 39. PCB wastes [ ] [ ] [ ] [ ] 40. reactive wastes [ ] [ ] [ ] [ ] 41. severely toxic wastes [ ] [ ] [ ] [ ] 42. waste radioactive materials [ ] [ ] [ ] [ ] SCHEDULE B REFERENCE North American Industry Classification System (NAICS) CANADA Codes Located at: http://www.statcan.ca Catalogue no.: 12-501-XWE Release date: April 11, 2007