This is the exact embedded text of the captured official document.
Snapshot ba0fed2e2aca · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BY-LAW NUMBER 156-11
- of -
THE CORPORATION OF THE COUNTY OF BRANT
To provide for the regulation of storm 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 pass a by-law prohibiting or regulating the
discharge of any matter into a storm sewer 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 operates storm sewer
systems in certain areas of the County and wishes to consolidate and update its regulations
for all its storm sewer systems;
AND WHEREAS it is necessary to regulate the discharge of matter to County and
private storm sewer systems and to protect water quality by preventing the discharge of
harmful substances to County and private storm sewer systems, and in due course, water
bodies;
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
PART 4 -
APPLICATION FOR STORM SEWAGE WORKS
4.1
Application and Payment prior to installation
4.2
Frontage charges
4.3
Installation - easement required
4.4
Contractor and construction standards
4.5
Offence - install without permit
4.6
Connection problems
4.7
Decommission
PART 5 -
STORM SEWER REQUIREMENTS
5.1
Offence to Discharge - Health and safety, damaging
5.2
Offence to discharge - specified matter
By-law Number 156-11
Page 2
5.3
Break, damage, deface, destroy - prohibited
5.4
Private Storm Sewer Systems
5.5
Offence - fail to maintain private storm sewer system
5.6
Oil and grit separators
5.7
Offence - fail to install or maintain Oil and Grit Separators
5.8
Dilution - prohibited
PART 6 -
EXCEPTIONS
6.1
Certificate of Approval
6.2
Pollution Prevention Plan
6.3
Municipal Maintenance Work
6.4
Approved Discharge
6.5
Emergency
PART 7 -
POLLUTION PREVENTION PLAN
7.1
Pollution Prevention Plan - requirements
7.2
Pollution Prevention Plan - content
7.3
Pollution Prevention Plan - format Schedule A
7.4
Information change - time limit
7.5
Offence - fail to provide report
7.6
Plan resubmission
7.7
Plan location
PART 8 -
SAMPLING AND ANALYTICAL REQUIREMENTS
8.1
Requirements
8.2
Number, type and method
8.3
Metals
8.4
Sampling access and alternatives
8.5
Offence - fail to install maintenance hole
8.6
Location - on premises
8.7
Alternative testing methods
8.8
Design, construction and maintenance - owner's expense
8.9
Accessibility - all times
8.10
Monitoring of discharge - requirement
PART 9 -
SPILLS
9.1
Discharge - Duty to Notify
9.2
Notice of discharge information requirements
9.3
Clean-up requirements
9.4
Failure to clean up
9.5
Report to be filed within five (5) days
9.6
Offence - fail to notify
PART 10 -
GENERAL PROVISIONS
10.1 Severable by-law provision
10.2 By-law context
10.3 By-law organization
PART 11 -
ENFORCEMENT
11.1
Responsibility for enforcement
11.2
Power to inspect and take samples
11.3
Power of entry re inspection
11.4
Inspection powers
By-law Number 156-11
Page 3
11.5 Samples
11.6 Power of entry - pursuant to an order
11.7 Power of entry - dwelling unit
11.8 Order to discontinue
11.9 Offence - contravene order to discontinue
11.10 Work Order
11.11 Offence - contravene work order
11.12 Remedial action
11.13 Offence - obstructing office or inspector
11.14 Offence - false information
11.15 Sever Connection
PART 12 -
PENALTY
12.1 Fine - for contravention - other than corporation
12.2 Fine - for contravention - corporation
12.3 Continuation - repetition contravention
12.4 Continuation - repetition contravention - corporation
PART 13 -
SHORT TITLE
13.1 Short Title
PART 14 -
EFFECTIVE DATE
14.1 Effective date
SCHEDULE A -
POLLUTION PREVENTION PLAN
SCHEDULE B -
REFERENCE
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
"authorized representative when use in reference to any person, owner or operator"
means:
(a)
a principal executive officer of at least the level of vice president, if the person,
owner or operator is a corporation; or
(b)
a general partner or proprietor if the person, 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.
By-law Number 156-11
Page 4
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
Body of Water
"Body of Water" includes any brook, creek, stream, river, lake, pond, waterway, canal, or
other flowing or standing water, including open channels, ditches, road ditches, and
natural or man made depressions which may or may not connect to a private storm
sewer system or a County storm sewer system.
1.6
Building Code
"Building Code" means the Building Code Act, 1992, S.O. c.23 and regulations
thereunder, as amended.
1.7
Combustible Liquid
"combustible liquid" means a liquid that has a flash point not less than 37.8 degrees
Celsius and not greater than 93.3 degrees Celsius.
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 storm mains, service mains, services and other appurtenances.
1.10 County
"County" means the Corporation of the County of Brant or its designated representative.
1.11 Director
"Director" means Director of Public Works or their designate.
1.12 Fees
"fees" means the fees described by the current version of the County Fees and Charges
By-law as amended from time to time.
1.13 Frontage Charge
"frontage charge" means a charge payable by certain customers prior to approval of the
installation of the storm sewer pipe or a storm sewer connection .
1.14 Fuels
"fuels" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable
substance intended for use as a fuel.
By-law Number 156-11
Page 5
1.15 Grab sample
"grab sample" is an aliquot of the flow being taken at one particular time and place.
1.16 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.
1.17 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.
1.18 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.
1.19 Industrial
"industrial" means of or pertaining to industry, manufacturing, commerce, trade,
business, or institutions as distinguished from domestic or residential.
1.20 Kjeldahl nitrogen
"Kjeldahl nitrogen" means organic nitrogen as determined by Standard Methods.
1.21 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.
1.22 Matter
"matter" includes any solid, liquid or gas or combination thereof.
1.23 Municipal Act, 2001
"Municipal Act, 2001" means the Municipal Act, 2001, c.25 and regulation thereunder, as
amended.
1.24 NAICS
"NAICS" means North American Industry Classification System Manual published by the
Executive Office of the President, Office of Management and Budget (replaces SIC).
1.25 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.
1.26 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.
By-law Number 156-11
Page 6
1.27 "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.
1.28 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.
1.29 PCB
"PCB" means any mono-chlorinated or poly-chlorinated biphenyl or any mixture of these
or mixture that contains one or more of them.
1.30 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.
1.31 Person
"person" includes an individual, firm, association, partnership, company, 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 storm sewer system.
1.32 Pesticides
"pesticides" means a pesticide regulated under the Pesticides Act (Ontario).
1.33 pH
"pH" means the logarithm to the base 10 of the reciprocal of the concentration of
hydrogen ions in moles per litre of solution.
1.34 Phenolic compounds
"phenolic compounds" means those derivatives of aromatic hydrocarbons which have a
hydroxyl group directly attached to the ring as determined by Standard Methods.
1.35 Phosphorus
"Phosphorus" means total phosphorus as determined by Standard Methods.
1.36 Premises
"premises" means lands and structures or either of them.
1.37 Private storm sewer system
"private storm sewer system" means any storm sewer system on private property.
1.38 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.
By-law Number 156-11
Page 7
1.39 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.
1.40 Sewage
"sewage" means any liquid waste containing animal, vegetable or mineral matter in
solution or in suspension, except uncontaminated water.
1.41 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.
1.42 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.
1.43 Storm sewer connection
"storm sewer connection" means the storm sewer pipe between the property line and the
County storm sewer system.
1.44 Storm sewer system
"storm sewer system" means any system for the collection, transmission, treatment and
disposal of stormwater including any inlet, catchbasin, catchbasin maintenance hole
combination, maintenance hole, drainage pipe, storm sewer, channel, ditch, culvert,
tank, or depression created to divert or collect stormwater or any part of such system,
but does not include drainage systems to which the Building Code Act, 1992 applies.
1.45 Stormwater
"stormwater" means any liquid found within a County storm sewer system or private
storm sewer system or connection , including water from rainfall or other natural
precipitation or from the melting of snow or ice.
1.46 Stormwater flow
"stormwater flow" means the volume of stormwater disposed to the storm sewer system
and may be in the form of a rate per day, per hour, or per second.
1.47 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.
1.48 Suspended solids
"suspended solids" means solid matter in or on a liquid which matter is removable by
filtering as determined by the Standard Methods.
1.49 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.
By-law Number 156-11
Page 8
1.50 Watercourse
"watercourse" means an open channel or ditch constructed as or resulting from the
construction of County work in which a flow of stormwater 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.
1.51 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.
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.
PART 4 - APPLICATION FOR STORM SEWAGE WORKS
4.1
Application and payment prior to installation
No person shall install or alter, or permit the installation or alteration of a storm sewer
pipe or connect or permit the connection to a County storm sewer system, without an
approved Public Works Permit, except if said installation, alteration or connection is
authorized under a subdivision agreement. The person or their authorized
representative, shall make a permit application on the County's Public Works Permit
Application Form, and shall pay the applicable fee as set out in the County Fees and
Charges By-law
4.2
Frontage charges
Frontage charges apply to certain premises in the County. At the time of filing an
application pursuant to section 4.1, 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.
By-law Number 156-11
Page 9
4.3
Installation - easement required
No person shall install or permit the installation of any storm sewer 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.
4.4
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.
4.5
Offence - install without permit
No person shall install or permit the installation of any storm sewer system that is not in
compliance with the County's Public Works Permit or Construction Standards.
4.6
Connection problems
The owner will be held responsible for all costs due to repairs, or cleaning of the storm
sewer connection where the damage to or blockage of the storm sewer connection is a
result of a discharge into the storm sewer system, except where the cause of the
damage is attributable to the County.
4.7
Decommission
The owner of the property, where premises are to be removed or demolished, shall
sever or cap the storm sewer connection at the property line before the property is
cleared of structures, unless the storm sewer connection is to be reused and approval
for this has been received from the County. Prior to reuse, an application to connect
must be made, and approval must be received from the County. Any costs thereof will
be borne by the owner.
PART 5 - STORM SEWER REQUIREMENTS
5.1
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 storm sewer system:
5.1.1
of any type or at any temperature or in any quantity which may be or may
become a health or safety hazard to the public; or
5.1.2
which may be or may cause damage to the storm sewer system; or
5.1.3
which may obstruct a the storm sewer or storm water flow therein; or
5.1.4
which may cause the storm sewer system effluent to contravene any
requirement by or under the Ontario Water Resources Act, or the
Environmental Protection Act; or
5.1.5
which may interfere with the proper operation of a storm sewer system; or
By-law Number 156-11
Page 10
5.1.6
which may impair the quality of water in any body of water; or
5.1.7
which is or may result in a hazard to any person, animal, property or
vegetation.
.
5.2
Offence to Discharge - Specified matter
Without limiting the generality of section 5.1, no person shall discharge or deposit or
permit the discharge or deposit, directly or indirectly into any storm sewer system any of
the following:
5.2.1
Solid or viscous substances in quantities or of such size as to be capable of
causing obstruction to the storm water flow in a storm sewer system,
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;
5.2.2
Stormwater that may cause an offensive odor to emanate from a storm sewer
system;
5.2.3
Stormwater at a temperature greater than 40 degrees Celsius;
5.2.4
Stormwater having a pH less than 6.0 or greater than 9.0;
5.2.5
Stormwater which causes a visible film, sheen, discoloration on the water
surface;
5.2.6
Stormwater which contains e. coli colonies in excess of 200 per 100ml;
5.2.7
Substance from a raw material, intermediate or final product, used or
produced in, through or from an industrial process;
5.2.8
Stormwater which contains one or more of the following;
a)
Oils and Grease;
b)
Blowdown;
c)
Non-Contact Cooling Water;
d)
Combustible Liquid;
e)
Floating Debris;
f)
Fuels;
g)
Paints and Organic Solvents
h)
PCBs;
i)
PCB Waste;
j)
Pesticides;
k)
Sewage;
l)
Hazardous Waste; (not defined)
m)
Leachate from any Waste Disposal Site;
n)
Waste Radioactive Material;
o)
Severely Toxic Contaminants;
p)
Acute Hazardous Waste Chemicals;
q)
Hazardous Industrial Wastes;
r)
Hazardous Waste Chemicals;
By-law Number 156-11
Page 11
s)
t)
u)
Ignitable Wastes;
Pathological Wastes;
Reactive Wastes;
5.2.9
Stormwater which contains matter with a concentration, expressed in
milligrams per litre, in excess of any one or
more of the following;
Matter Concentrations
Expressed As
(in mg/l)
Aluminum
Al
1.0
Arsenic (total)
As
0.02
Benzene
0.002
Biochemical oxygen demand
BOD
15
Cadmium (total)
Cd
0.008
Chlorine
C12
1.0
Chromium (total)
Cr
0.08
Chromium (hexavalent)
Cr
0.04
Copper (total)
Cu
0.04
Cyanide (total)
HCN
0.02
Ethyl Benzene
0.002
Lead (total)
Pb
0.12
Manganese (total)
Mn
0.05
Mercury (total)
Hg
0.0004
Nickel (total)
Ni
0.08
Polycyclic Aromatic Hydrocarbons
(total)
PAH
0.002
Phenolic Compounds
0.008
Phosphorous (total)
P
0.4
Selenium
0.02
By-law Number 156-11
Page 12
Silver
0.12
Suspended Solids
15
Toluene
0.002
Total Kjeldahl Nitrogen
TKN
1
Xylenes (total)
0.0044
Zinc (total)
Zn
0.04
5.3
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:
5.3.1
Any part of a storm sewer system; or
5.3.2
Any permanent or temporary device installed in a storm sewer system for the
purpose of measuring, sampling and testing.
5.4
Private Storm Sewer Systems
Every owner or operator of a premise which requires a private storm sewer system as a
condition of their site plan agreement\permit or upon written direction issued by the
Director shall install and maintain the private storm sewer system to achieve acceptable
stormwater discharge requirements.
5.5
Offence - fail to maintain private storm sewer system
No person shall fail to install, permit the failure to install, or fail to maintain a private
storm sewer system as required by section 5.4.
5.6
Oil and Grit Separators
Every owner or operator of a premise which requires an Oil and Grit Separator as a
condition of their site plan agreement\permit or upon written direction issued by the
Director shall install and maintain an Oil and Grit separator designed to achieve
acceptable stormwater discharge requirements.
5.7
Offence - fail to install or maintain Oil and Grit Separators
No person shall fail to install, permit the failure to install, or fail to maintain an Oil and
Grit Separator interceptor as required by section 5.6.
5.6
Dilution - prohibited
In determining whether the limit with respect to any matter described in Part 5 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.
By-law Number 156-11
Page 13
PART 6 - EXCEPTIONS
6.1
Certificate of Approval
A person who has obtained a Certificate of Approval and is in compliance with all
provisions and conditions of such approval, shall be deemed not to be in contravention
of Part 5 of this By-law where the discharge matter is specifically contemplated by such
approval.
6.2
Pollution Prevention Plan
A person who has filed a Pollution Prevention Plan satisfactory to the Director, in
accordance with Part 7 of this By-law, and is in compliance with all provisions and
conditions of such approved plan, shall be deemed not to be in contravention of Part 5 of
this By-law where the discharge matter is specifically contemplated by such approval.
6.3
Municipal Maintenance Work
Street cleaning, hydrant flushing, fire extinguishing and dye testing which has been
authorized by the County shall be deemed not to constitute a contravention of Part 5 of
this By-law.
6.4
Approved Discharge
Part 5 - 5.2.8 (b) does not apply to prevent the discharge of non-contact cooling water
when the owner or operator has written approval from the County.
6.5
Emergency
Discharge of any matter or sewage, in an emergency as determined by the Medical
Officer of Health, shall be deemed not to constitute a contravention of this By-law.
PART 7 - POLLUTION PREVENTION PLAN
7.1
Pollution Prevention Plan - requirements
The owner or operator of an industrial operation that discharges into any storm sewer
system, shall, upon written direction issued by the Director, prepare and file with the
County a Pollution Prevention Plan in accordance with sections 7.2 and 7.3.
7.2
Pollution Prevention Plan - content
The Pollution Prevention Plan 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, names of its owner and operator
including their address, telephone number and fax number; and North
American Industrial Classification System (NAICS CANADA);
7.2.2
name, position, telephone number, fax number, e-mail, and mailing address
of the person responsible for administering the pollution prevention
measures;
7.2.3
Identification of all industrial processes and practices, both on map and in
writing, which may result in materials set out in Part 5 being brought onsite or
generated onsite;
By-law Number 156-11
Page 14
7.2.4
Identification on a plan drawing, approximately to scale, of all catchbasins,
maintenance holes,
maintenance hole catchbasins, storm sewer pipes,
ditches, ditch inlets, oil\grit separators, ponds, tanks on the property which
are connected and allowed drainage to enter the County storm sewer system;
7.2.5
Results of dye-testing and/or CCTV inspection to ensure that complete
private storm sewer system is operable and in good condition;
7.2.6
Identification of pollution prevention opportunities. Describe current at source
reduction, recycling, efficiencies, material substitutions, product design
changes, equipment modification changes, and best management practices.
Outline prevention options for specific contaminants which are being brought
onsite or generated onsite;
7.2.7
Evaluation of pollution prevention options to ensure that contaminants are
reduced or eliminated, and that there is no cross media transfer or new
environmental impact arising from implemented pollution prevention options;
7.2.8
Identification of pollution remediation actions for those contaminants which
cannot be avoided by pollution prevention techniques;
7.2.9
A timeline for contaminant reduction, indicating a distinct timeline for the
integration for each new prevention measures proposed in plan;
7. 2.10
Prior to acceptance, the Pollution Prevention Plan must be signed and dated
by an owner of the business or an officer of the corporation with signing
authority;
7.3
Pollution Prevention Plan - format Schedule A
The front end of the Pollution Prevention Plan shall be in the format indicated in
Schedule A (attached). Additional sections required shall be submitted in a format
accepted by the County.
7.4
Information change - time limit
Where a change occurs in any information required under section 7.2 and contained in a
Pollution Prevention Plan, the owner or operator of the premises shall not discharge or
deposit or cause or permit the discharge into any storm sewer system, unless the owner
has submitted a new Pollution Prevention Plan 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 Pollution Prevention Plan as
required and in accordance with the requirements of this part.
7.6
Plan resubmission
The Director may at any time request that a business or corporation who had previously
submitted a Pollution Prevention Plan resubmit an updated plan.
7.7
Plan location
A copy of the Pollution Prevention Plan shall be kept at all times in the premise in
respect to which it was prepared for, and shall be available for inspection at any time.
By-law Number 156-11
Page 15
PART 8 - SAMPLING AND ANALYTICAL REQUIREMENTS
8.1
Requirements
Except as otherwise specifically provided in this Part, all tests, measurements, analyses
and examinations uncontaminated water and stormwater shall be carried out in
accordance with Standard Methods.
8.2
Number, type and method
Where a sample is required for the purpose of determining the characteristics or
contents of the water or stormwater a single 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. The time and location of sample collection must be
approved by the County.
8.3
Metals
For each one of the following metals, concentration of which are limited in accordance
with section 5, that analysis shall be for the quantity of total metal, which includes all
metal both dissolved and particulate:
-
Aluminum
-
Arsenic
-
Cadmium
-
Chromium
-
Copper
-
Iron
-
Lead
-
Manganese
-
Mercury
-
Nickel
-
Selenium
-
Silver
-
Zinc
8.4
Sampling access and alternatives
The owner or operator of an industrial operation with one or more storm sewer
connections to any storm sewer system, shall, upon written direction issued by the
Director, install and maintain in good repair in each storm sewer connecton a suitable
maintenance hole to allow observation and sampling of the stormwater and
measurement of stormwater 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.
8.5
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 8.4.
8.6
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.
By-law Number 156-11
Page 16
8.7
Alternative testing methods
Where there is no maintenance hole meeting the requirements of this By-law, the
Director may, by written notice, make use of an alternate device or facility for the
purpose of sampling a discharge to the storm sewer system.
8.8
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 County, and shall be constructed and maintained by the owner or
operator of the premises at their expense.
8.9
Accessibility - all times
The owner or operator of an 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 stormwater and measuring the
stormwater flow therein.
8.10 Monitoring of discharge - requirement
The Director may require the owner or operator of an industrial operation to install and
maintain devices to monitor stormwater
discharges and to submit regular reports
regarding the discharges to the County.
PART 9 - SPILLS
9.1
Discharge - duty to notify
Any person who discharges or deposits or causes or permits a discharge or a deposit,
into any storm sewer system 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.
9.2
Notice of discharge information requirements
For any of the discharges in section 9.1 for which the person is required to give notice,
the notification shall include the following information and shall be verbal or by personal
contact:
9.2.1
name of the company and the address of location of the discharge;
9.2.2
name of person reporting the discharge and telephone number where that
person can be reached;
9.2.3
date, time, and duration of the discharge event;
9.2.4
description of discharge, including type and volume of material discharged
and any associated hazards as would be outlined on a material safety data
sheet (MSDS);
9.2.5
copy of material safety data sheet (MSDS) if available;
9.2.6
information as to whether or not the material entered the storm sewer system
or any land drainage works;
By-law Number 156-11
Page 17
9.2.7
details of clean up actions that have been initiated, completed, or are in
progress, including corrective actions being taken to control the spill
(including dates, times and list of any contracted assistance that has been
received during the clean-up);
9.2.8
if discharged material is being vacuumed or captured by another method, and
the destination of the captured material;
9.2.9
information regarding notification of the discharge to agencies (such as
Ontario Ministry of the Environment) and the date and time such notification
was made.
9.2.10
name of person(s) in charge of cleaning up the discharge and telephone
number where that person can be reached;
9.3
Clean up requirements
The owner and any person responsible for the discharge and any person having charge,
management and control of the discharge shall clean up the discharge and any
associated residue, and restore the affected area to its condition prior to the discharge
including any damage to the municipal storm sewer system as a result of the discharge.
Payment for the cleanup shall be the responsibility of the owner and any person
responsible for the discharge.
9.4
Failure to clean up
Where any person fails or neglects to carry out or diligently pursue the activities required
by this By-law, the County may take such measures as it deems appropriate to contain
the discharge, protect the health and safety of the public, minimize damage to property,
protect the environment, clean up the discharge and any associated residue, and restore
the affected area to its condition prior to the discharge. The costs incurred by the County
with respect to: response to, cleanup and restoration of a discharge affected area may
be recovered from the owner of the land in the same manner as taxes.
9.5
Report to be filed within five (5) days
Within five days following a discharge to which section 9.1 applies, the person shall
submit to the Director a detailed written report describing the cause of the discharge and
the actions taken or to be taken to prevent a recurrence and shall include a detailed
description of the items contained in section 9.2.
9.6
Offence - fail to notify
No person shall fail to notify the County or permit the failure to notify of a discharge into
the storm sewer system in accordance with the requirements of this Part.
PART 10 - GENERAL PROVISIONS
10.1 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.
By-law Number 156-11
Page 18
10.2 By-law context
This By-law shall be read with such changes of gender, number and corporate status as
the context may require.
10.3 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 11 - ENFORCEMENT
11.1 Responsibility for enforcement
Municipal Enforcement Officers appointed by the County are authorized to enforce the
provisions of this By-law.
11.2 Power to inspect and take samples
In accordance with section 87 of the Municipal Act, 2001, and in accordance with Part 11
of this By-law, the County may enter on land, at reasonable times, to inspect the
discharge of any matter into the County storm sewer system or into any other storm
sewer system the contents of which ultimately empty into the County storm sewer
system and may conduct tests and take samples for this purpose.
11.3 Power of entry re inspection
Pursuant to section 435 and 436 of the Municipal Act, 2001 any employee, officer or
agent of the County or a member of the police force of the County, may without notice,
and upon producing proper identification upon request, enter 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 County 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.
11.4 Inspection powers
Any employee, officer or agent of the County or a member of the police force of the
County, carrying out an inspection pursuant to section 11.2 of this By-law may:
11.4.1
require the production for inspection of documents or things relevant to the
inspection such as Pollution Prevention Plan, Certificates of Approval,
Compliance Programs, Hazardous Waste Manifests, Maintenance and
Inspection Logs, etc.;
11.4.2
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
11.4.3
require information from any person concerning a matter related to the
inspection; and
11.4.4
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.
By-law Number 156-11
Page 19
11.5 Samples
11.5.1
A sample taken under subsection 11.4.4 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.
11.5.2
If a sample is taken under subsection 11.4.4 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.
11.5.3
A receipt shall be provided for any document or thing removed under
subsection 11.4.2 and the document or thing shall be promptly returned after
the copies or extracts are made.
11.5.4
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.
11.6 Power of entry - pursuant to an order
Where an employee, officer or agent of the County or a member of the police force of
the County, has made a reasonable attempt to obtain the occupier's consent to conduct
an inspection and has been unable to exercise the powers of inspection under the
authority of section 11.2 or 11.3, the County may, pursuant to section 438 of the
Municipal Act, 2001 obtain an order authorizing the County to enter on land for the
purpose of carrying out an inspection.
11.7
Power of entry - dwelling unit
Despite section 11.2, a person exercising a power of entry on behalf of the County under
this By-law shall not enter or remain in any room or place actually being used as a
dwelling unless:
11.7.1
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;
11.7.2
an order issued under section 438 of the Municipal Act, 2001 is obtained;
11.7.3
a warrant issued under section 439 of the Municipal Act, 2001 is obtained;
11.7.4
a warrant issued under section 386.3 of the Municipal Act, 2001 is obtained;
11.7.5
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.
By-law Number 156-11
Page 20
11.8 Order to discontinue
Pursuant to section 444 of the Municipal Act, 2001, where the County is satisfied that a
contravention of this By-law has occurred, the County 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 may require and shall set out:
11.8.1
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred;
11.8.2
the date by which there must be compliance with the order.
11.9 Offence - contravene order to discontinue
No person shall contravene an order to discontinue, issued pursuant to section 11.8.
11.10 Work order
Pursuant to section 445 of the Municipal Act, 2001, where the County is satisfied that a
contravention of this By-law has occurred, the County 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:
11.10.1
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
11.10.2
the work to be done and the date by which the work must be done.
The required work may involve:
11.10.3
conducting a monitoring study of the stormwater quality and/or quantity;
11.10.4
carrying out modification and/or construction of stormwater management
facilities;
11.10.5
adopting and implementing pollution prevention techniques and measures;
11.10.6
providing a satisfactory Pollution Prevention Plan; and
11.10.7
doing any other requirement to prevent contravention to the By-law.
By-law Number 156-11
Page 21
11.11 Offence - contravene work order
No person shall contravene a work order issued pursuant to section 11.10.
11.12 Remedial action
Pursuant to section 446 of the Municipal Act, 2001, where the County 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 County 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.
11.13 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.
11.14 Offence - false information
No person shall knowingly provide false information in any report or return or willing
withhold information required under this By-law.
11.15 Sever connection
In addition to any remedy or penalty imposed by this By-law where matter is being
discharged into a municipal storm sewer system in violation of this By-law, or any
outstanding orders are not compiled with, the County may:
11.15.1
at the cost of the owner of said lands and premises, sever the connection for
the lands and premises from which the matter is being discharged, with 30
days notice; and
11.15.2
refuse storm sewer connection of said lands and premises to the County
storm sewer system by the owner until authorized by the Director that the
County has been paid the cost of disconnecting the sewer, and other
outstanding costs.
The County will not be held liable for any damages caused by the severing of a storm
sewer connection as provided for in this By-law.
PART 12 - PENALTY
12.1
Fine - for contravention - other than corporation
Subject to section 12.2, every person, excluding corporations, 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.
12.2
Fine - for contravention - corporation
Despite section 12.1, 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.
_______________________________
_______________________________
By-law Number 156-11
Page 22
12.3 Continuation - repetition contravention
Notwithstanding section 12.1, every person, excluding corporations, that contravenes
any provision of this By-law 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.
12.4 Continuation - repetition contravention - corporation
Notwithstanding section 12.2, 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 13 - SHORT TITLE
13.1 Short title
This By-law may be known and referred to as the "Storm Sewer Use By-law".
PART 14 - EFFECTIVE DATE
14 .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 4th day of October, 2011.
READ a third time and finally passed in Council, this 4th day of October, 2011.
THE CORPORATION OF THE COUNTY OF BRANT
R.E.F. Eddy, Mayor
Jayne Carman, Clerk
_________________________________
__________________________
_________________________________
__________________________
_________________________________
__________________________
________________________________________________________________
________________________________________________________________
_________________________________
__________________________
__________________
__________________
__________________
__________________
__________________
__________________
_________________________________________________________________
_________________________________________________________________
BY-LAW NUMBER 156-11
SCHEDULE A
COUNTY OF BRANT
POLLUTION PREVENTION PLAN
SECTION 1 - GENERAL INFORMATION
(a)
Name of Person submitting report:
________________________________
(print name)
(company name, corporation,
(telephone no.)
Identify if owner or operator)
(postal address)
(postal code)
(b)
Company Officer responsible for administering the pollution prevention measures;
(print name)
(telephone no.)
(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 activities:
SECTION 3 - PHYSICAL LAY-OUT
Layout sketch of property (to scale or approximate) to co-ordinate buildings, pretreatment works, property
boundaries, effluent lines, and storm sewer connections. Number of storm sewer connections to County storm
sewer system so that they can be related to Pollutant Information Sheets. Please attach to end of report.
BY-LAW NUMBER 156-11
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