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The Corporation of the Municipality of Brighton
By-Law No. 127-2016
Being a By-law to regulate and control discharges to
the municipal sewer system
Whereas, Section 11(3)3 of the Municipal Act 2001 permits a Municipality to pass
By-laws to control discharges into the Municipal sewer system;
And whereas, Section 87 of the Municipal Act 2001 permits a Municipality to enter
on land, at reasonable times, to inspect the discharge of any matter into the sewage
system of the Municipality or into any other sewage system the contents of which
ultimately empty into the municipal sewage system and may conduct tests and take
samples for this purpose;
And whereas, it is expedient to prohibit and regulate the discharge of domestic
sewage and industrial wastes into drains, sewers, sewer systems and sewage works;
Now, therefore, the Council of the Corporation of the Municipality of Brighton
enacts as follows:
Section 1.0 Definitions
In this By-Law:
"Accredited Laboratory" means any laboratory accredited by an authorized
accreditation body in accordance with a standard based on "ISO/IEC/EN
17025: General Requirements for Competence of Calibration and Testing
Laboratories: established by the International Organization for Standardization,
as amended from time to time;
"Acute Hazardous Waste Chemicals" is within the meaning of O. Reg. 347,
as amended from time to time, made under the Environmental Protection Act,
R.S.O. 1990 c. E. 19 (EPA);
"Agent" means a person, or business, authorized to act on another's behalf;
"Best Management Practices (BMP)" means the integrated plan to control
and reduce the release of restricted and prohibited waste into the sewage
works to a practicable extent, through methods including physical controls,
pre-treatment processes, operational procedures and staff training;
"Biochemical Oxygen Demand (BOD)" means the determination of the
molecular oxygen utilized during a 5-day incubation period for the biochemical
degradation of organic material, and the oxygen used to oxidize inorganic
material such as sulphides and ferrous iron, and the amount of oxygen used to
oxidize reduced forms of nitrogen;
"Biomedical Waste" means material as defined in the Ontario Ministry of the
Environment Guideline C-4 entitled "The Management of Biomedical waste in
Ontario" dated April 1994, as amended from time to time;
"Blowdown Water" means recirculating water that is discharged from a
cooling or heating system for the purpose of controlling the level of water in
the system or for the purpose of discharging from the system materials
contained in the system, the further build-up of which would or might impair
the operation of the system;
By-Law No. 127-2016
Revised November, 2016 Page 2 of 24
"Combined Sewer" means a municipal sewer intended to function
simultaneously as a storm sewer and as a sanitary sewer;
"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;
"Composite Sample" means a volume of sewage, storm water,
uncontaminated water, or effluent made up of three (3) or more grab samples
that have been combined automatically or manually at approximately equal
time or volume intervals over a sampling period;
"Connection" Or "Drain" means that part or those parts of any pipe or
system of pipes leading directly to sewage works;
"Cooling Water" means water that is used in a process for the purpose of
removing heat and has not, by design, come into contact with process
materials and that has been circulated through the cooling device, but does
not include blowdown water;
"Discharger" means an individual, association, partnership, corporation,
municipality, or an agent or employee thereof, having the charge,
management, or control of a plant, sewage, storm water, uncontaminated
water or any combination thereof, to which this by-law applies;
"Double Municipal Sewer Connection" means a municipal sewer
connection servicing two (2) or more premises;
"EPA" means the Environmental Protection Act R.S.O. 1990;
"Fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other
ignitable substance intended for use as a fuel;
"Grab Sample" means a volume of the flow being sampled taken at one
particular time and place;
"Ground Water" means a well, lake, river, pond, spring, stream, reservoir,
artificial watercourse, intermittent watercourse or other water or watercourse;
"Hauled Industrial Waste Water" means any industrial waste, which is
transported to and deposited into any location in the sewage works excluding
hauled sewage within the meaning of O. Reg. 347 under the Environmental
Protection Act, R.S.O. 1990;
"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 but does not include sludge removed
from wastewater treatment plants;
"Hauled Waste" means any industrial waste which is transported to and
deposited into any location in the sewage works excluding hauled sewage;
"Hazardous Industrial Waste" means a material that is a hazardous waste
within the meaning of O. Reg. 347, as amended from time to time under the
Environmental Protection Act, R.S.O. 1990;
"Hazardous Waste Chemical" means a material that is hazardous waste
chemical within the meaning of O. Reg. 347 was amended from time to time
under the Environmental Protection Act, R.S.O. 1990;
"Inspector" means any of the following staff members of the Municipality:
By-Law Enforcement Officer, Chief Building Official and Construction Inspector,
By-Law No. 127-2016
Revised November, 2016 Page 3 of 24
Waste Water Operator, Waste Water Supervisor, Water Operator, Water
Supervisor, Road Supervisor and Project Supervisor;
"Ignitable Waste" means a substance that;
(i) is a liquid, other than an aqueous solution containing less than 24 per cent
alcohol by volume and has a flash point less than 61 degrees Celsius, as
determined by the Tag Closed Cup Tester (ASTM D-56-79), the Setaflash
Closed Cup Tester (ASTM D-3243-77 or ASTM D-3278-78) the Pensky-
Martens Closed Cup Tester (ASTM D-9309), or as determined by an
equivalent test method;
(ii) is a solid and is capable, under standard temperature and pressure,
of causing fire through friction, absorption or moisture or spontaneous
chemical changes and, when ignited, burns so vigorously and persistently
that it creates a danger;
(iii) is an ignitable compressed gas (Class 2, Division D) as defined in the
regulations under the Transportation of Dangerous Goods Act, 1992, S.C.
1992, as amended;
(iv) is an oxidizing substance (Class 5, Divisions 1 and 2) as defined in the
regulations under the Transportation of Dangerous Goods Act, 1992, S.C.
1992, as amended;
"Industrial" means of or pertaining to industry, manufacturing, commerce,
trade, business, or institutions as distinguished from domestic or residential;
"Industry" means any owner or operator of industrial or commercial premise
from which there is a discharge of any matter directly or indirectly into a City
sanitary sewer, combined sewer or storm sewer;
"Interceptor" means a receptacle that is designed and installed to prevent
oil, grease, sand or other materials from passing into a drainage system;
"Liquid Material" means sewage that is suitable for treatment by a sewage
works and is transported to a sewage works for disposal and includes hauled
sewage and municipal sludge;
"Maintenance Access Hole" means an access point in a private sewer
connection, large enough for a person to enter to allow for observation,
sampling and flow measurement of the sewage, uncontaminated water or
storm water therein;
"Matter" includes any solid, liquid or gas;
"Municipal Sewer Connection" means that part of any drain leading from
a private sewer connection and connected to the municipal sewer and located
within the limits of the public road allowance, or other public lands
or
public land interests held for sewerage purposes;
"Municipal Sludge" means the semi-solid material that is a by-product of
Municipally of Brighton owned water and/or wastewater treatment facilities;
"Municipality" means the Corporation of the Municipality of Brighton;
"Non-Contact Cooling Water" means water which is used to reduce
temperatures 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;
"Occupant" means a tenant;
By-Law No. 127-2016
Revised November, 2016 Page 4 of 24
"Pathological Waste" means pathological waste within the meaning of
Ont. Reg. 347, as amended from time to time, made under the
Environmental Protection Act, R.S.O. 1990 or any material which may be
designated in writing by the Chief Medical Officer of Health;
"PCB" means any mono-chlorinated or polychlorinated biphenyl or any
mixture of them or mixture that contains one or more of them;
"PCB Waste" means a PCB waste within the meaning of Ont. Reg. 352, as
amended, made under the Environmental Protection Act, R.S.O. 1990;
"Person" means an individual, association, partnership, corporation,
government body or an agent or employee of such a person;
"Pesticides" means a pesticide regulated under the Pesticide Act, R.S.O.
1990;
"Plant" means any site capable of discharging to a sewage works covered by
this By-law;
"pH" means the logarithm to the base 10 of the reciprocal of the
concentration of hydrogen ions in moles per litre of solution;
"Premise" means any land or building or both or any part thereof;
"Private Sewer Connection" means the part of any drain or system of
drains, including drains or subsurface drainage pipe for surface or subsurface
drainage of the land in or adjacent to a building, lying within the limits of
private lands and leading to a municipal connection;
"Reactive Waste" means a substance that,
(i) is normally unstable and readily undergoes violent changes without
detonating;
(ii) reacts violently with water;
(iii) forms potentially explosive mixtures with water;
(iv) when mixed with water, generates toxic gases, vapours or fumes in a
quantity sufficient to present danger to human health or the environment;
(v) is a cyanide or sulphide bearing waste which, when exposed to pH
conditions between 2 and 12.5, can generate toxic gases, vapours or
fumes in a quantity sufficient to present danger to human health or the
environment;
(vi) is capable of detonation or explosive reaction if it is subject to a strong
initiating source or if heated under confinement;
(vii) is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure; or
"Sanitary Sewer" means a sewer for the collection and transmission of
domestic, residential, commercial, institutional and industrial sewage or any
combination thereof;
"Severely Toxic Waste" means waste containing any contaminant listed in
Section 3 of Ontario Reg. 347, as amended from time to time, made under the
Environmental Protection Act, R.S.O. 1990;
By-Law No. 127-2016
Revised November, 2016 Page 5 of 24
"Sewage" means any liquid, solid or gas containing organic, inorganic,
animal, vegetable or mineral matter in solution or in suspension, but does not
include storm water or uncontaminated water;
"Sewage Works" means any works for the collection, transmission,
treatment or disposal of sewage and contaminated water, including a
combined sewer, sanitary sewer or storm sewer, or any part of such works,
but does not include plumbing or other works to which the Building Code Act,
1992, S.O. 1992, c. 23, applies;
"Sewer" means a pipe, conduit, drain, open channel, ditch or watercourse for
the collection and transmission of sewage, storm water, and/or
uncontaminated water, or any combination thereof;
"Spill" means a direct or indirect discharge or deposit to the sewage works or
the natural environment that is abnormal in quantity or quality, as defined
under Part X of the Environmental Protection Act, R.S.O. 1990, and associated
Regulations;
"Standard Methods" means a procedure or method set out in Standard
Methods for the Examination of Water and Wastewater published jointly by the
American Public Health Association, American Water Works Association and
Water Environment Federation, latest edition;
"Storm Sewer" means a sewer for the collection and transmission of
uncontaminated water, storm water, drainage from land and from a
watercourse or any combination thereof;
"Storm Water" means water from rainfall, other natural precipitation,
drainage or from the melting of snow or ice;
"Subsurface Drainage Pipe" means a pipe that is installed underground to
intercept and convey subsurface water, and includes foundation drain pipes;
"Swale" means an open channel, ditch or depression either natural or
artificial, in which water flows either continuously or intermittently;
"Total Kjeldahl Nitrogen (TKN)" means the measure of both inorganic and
organic forms of nitrogen;
"Total PAH'S" means the total of all polycyclic aromatic hydrocarbons;
"Uncontaminated Water" means water reaching a level of quality which is
typical of potable water as supplied by the Municipality or whose quality meets
or exceeds the values in Table II of this document;
"Waste Disposal Site Leachate" means the liquid containing dissolved or
suspended contaminants that emanates from waste and is produced by
water percolating through the waste or by liquid in the waste;
"Waste Radioactive Prescribed Substances" means uranium,
thorium, plutonium, neptunium, deuterium, their respective derivatives and
compounds and such other substances as the Atomic Energy Control Board
may designate as being capable of releasing atomic energy or as being
requisite for the production, use or application of atomic energy;
"Wastewater" means any liquid waste containing animal, vegetable, mineral
or chemical matter in solution or in suspension, but does not include storm
water, uncontaminated water;
"Water" means a well, lake, river, pond, spring, stream, reservoir, artificial
watercourse, swale, intermittent watercourse, or other water or watercourse.
By-Law No. 127-2016
Revised November, 2016 Page 6 of 24
Section 2.0
Discharges to sanitary and combined sewers
2.1
No person shall discharge directly or indirectly, or deposit, or cause, or permit
the discharge, or deposit of sewage into a sanitary sewer or storm sewer, in
circumstances where:
(1) To do so may cause or result in:
(a) a hazard to any person, animal, property or vegetation;
(b) an offence under the Ontario Water Resources Act or the
Environmental Protection Act, as amended from time to time, or
any regulation made thereunder from time to time;
(c) interference with the operation or maintenance of a sewage
works, or the impairment or interference with any sewage
treatment process;
(d) an offensive odour from the sewage works, and without
limiting the generality of the foregoing, sewage containing hydrogen
sulphide, carbon disulphide, or other reduced sulphur compounds,
amines or ammonia;
(e) damage to all, or part, of the sewage works; or
(f) an obstruction, or restriction, to the flow in the sewage works.
(2) If the sewage has one or more of the following characteristics:
(a) a pH of less than 5.5 or greater than 9.5;
(b) two or more separate liquid layers;
(c) a temperature greater than sixty (60) degrees Celsius.
(3)
The sewage contains:
(a) acute hazardous waste chemicals;
(b) biomedical waste, except where the sewage meets the
conditions for discharge as listed in the Ontario Ministry of
environment Guideline C-4 entitled "The Management of
biomedical Waste in Ontario" dated December 2001, as
amended from time to time;
(c) combustible liquid;
(d) dyes, or colouring materials which when passed through a
sewage works discolour the sewage works effluent;
(e) fuel;
(f) ignitable waste;
(g) hauled sewage;
(h) hazardous industrial waste;
(i) hazardous waste chemicals;
By-Law No. 127-2016
Revised November, 2016 Page 7 of 24
(j) municipal sludge;
(k) pathological waste;
(l) PCBs;
(m) pesticides;
(n) reactive waste;
(o) severely toxic waste;
(p) waste radioactive prescribed substances;
(q) waste disposal site leachate;
(r) the sewage contains a concentration, expressed in milligrams per
litre, in excess of any one or more of the parameter limits listed in
Table I: Limits for Sanitary Sewer Discharges, unless otherwise stated
in a Discharge Agreement with the Municipality.
2.2 No person shall discharge water originating from a source other than the
Municipal water supply, directly or indirectly, to a sanitary sewer or storm
sewer, unless:
(1) the discharge is authorized in writing by the Municipality in accordance
with any guidelines adopted by the Municipality of Brighton from time to
time, prior to the discharge, and/or;
(2) the discharge is in accordance with any Discharge Agreement that has
been entered into with the Municipality; and
(3) any fees required to be paid to the Municipality of Brighton, pursuant to
any Discharge Agreement, have been paid within thirty (30) days prior to
discharge.
2.3
No person shall add water, or any other material from any source of sewage
for the purpose of dilution to achieve compliance with this By-law and any
such added water or material shall be disregarded for the purpose of
calculating whether a limit has been met.
By-Law No. 127-2016
Revised November, 2016 Page 8 of 24
Table I: Parameter Limits for Sanitary Sewer Discharges
Parameter
Limit
(mg/L)
Parameter
Limit
(mg/L)
Aldrin/dieldrin
0.1
Mercury (Total)
0.01
Aluminum (Total)
50
Mirex
0.1
Antimony (Total)
5.0
Molybdenum
5.0
Arsenic (Total)
1.0
Nickel
2.0
Benzene
0.01
Nitrogen (Total Kjeldahl)
100
3, 3' - Bichlorodenzidine
0.002
Nonylphenol
0.001
Biochemical Oxygen demand
300
Nonylphenolethoxylates
0.01
Bis (2-ethylhexyl) phthalate
0.012
Oil & Grease -Animal &
Vegetable
100
Cadmium (Total)
0.7
Oil & Grease - Mineral &
Synthetic
15
Chlorides
1500
PAHs (Total)
0.005
Chlordane
0.1
Pentachlorophenol
0.005
Chloroform
0.04
pH
5.5 - 9.5
Chromium (Hexavalent)
2.0
Phenolics (4AAP)
1.0
Chromium (Total)
2.0
Phosphorous (Total)
10
Cis-1, 2-Dichlorobenzene
4.0
Selenium (Total)
1.0
Cobalt (Total)
5.0
Silver (Total)
5.0
Copper (Total)
2.0
Sulphates
1500
Cyanide (Total)
2.0
Suspended Solids (Total)
350
DDT
0.0001
Tetrachloroethane
1.0
1, 2-Dichlorobenzene
0.05
1,1,2,2 - Tetrachloroethane
1.4
1, 4-Dichlorobenzene
0.08
Tetrachloroethylene
1.0
Cis-1,2-dichloroethylene
4.0
Tin (Total)
5.0
Di-n-butyl phthalate
0.08
Titanium (Total)
5.0
Ethyl Benzene
0.16
Toluene
0.016
Fluoride
10.0
Trans-1. 3- Dichloropropylene
0.14
Formaldehyde
0.30
Trichlolethylene
0.4
Hexachlorobenzene
0.0001
Vanadium
5
Hexachlorocyclohexane
0.1
Vinyl Chloride
0.04
Iron
50
Xylenes (Total)
0.2
Lead (Total)
1.0
Zinc (Total)
2.0
Manganese (Total)
5.0
Methylene Chloride
2.0
By-Law No. 127-2016
Revised November, 2016 Page 9 of 24
Section 3.0
Storm Sewers
3.1
No person shall discharge, or deposit, or cause, or permit the discharge, or
deposit of matter of any type into a storm sewer, drainage works, swale,
pond, municipal or private sewer connection or to any storm sewer, which
may, or could:
(a) interfere with the proper operation of a storm sewer, or storm water
treatment;
(b) obstruct, or restrict a storm sewer, or the flow therein;
(c) damage a storm sewer, or storm water treatment facility;
(d) result in any hazard or other adverse impact to any person, animal,
property or vegetation;
(e) contravene or result in the contravention of an Environmental Compliance
Approval or Provisional Certificate of Approval issued under the Ontario Water
Resources Act, or the Environmental Protection Act (Ontario) with respect to
storm sewers and/or its discharge; and
(f) have at least one of the following characteristics:
(i) visible film, sheen or discolouration;
(ii) two or more separate layers;
(iii) a pH less than 5.5 or greater than 9.5;
(iv) a temperature greater than 40 °C (degrees Celsius)
(g) contain at least one of the following waste/product types:
(i) biomedical waste;
(ii) acute hazardous waste chemicals;
(iii) blowdown water;
(iv) combustible liquid;
(v) floating debris;
(vi) fuel;
(vii) hauled sewage;
(viii) hauled industrial wastewater;
(ix) hazardous industrial waste;
(x) hazardous waste chemicals;
(xi) ignitable waste;
(xii) pathological waste;
(xiii) PCBs
(xiv) pesticides
By-Law No. 127-2016
Revised November, 2016 Page 10 of 24
(xv) reactive waste;
(xvi) severely toxic waste;
(xvii) sewage;
(xviii) waste radioactive prescribed substances;
(ixx) waste disposal site leachate;
(xx) a substance from raw materials, intermediate or final
product, used or produced in, through, or from an industrial
process; or
(xxi) a substance used in the operation or maintenance of an
industrial site.
(h) contains E. Coli levels in excess of 200 cfu per 100 mL;
(i) contains a concentration expressed in milligrams per litre, in excess of
any one or more of the parameter limits listed in Table II.
3.2
A discharger shall be required, upon receipt of a written notice from the
Municipality, to comply with one or more of the following initiatives
addressing storm water discharged from a property which contains a
concentration, expressed in milligrams per litre, in excess of any one or more
of the criteria set out in Section 3.1 above:
(a) a study of storm water quality and/or quantity;
(b) maintenance, modification and/or construction of a storm water
management facility; or
(c) development and implementation of a storm water best management
strategy.
By-Law No. 127-2016
Revised November, 2016 Page 11 of 24
Table II - Parameter Limits for Storm Sewer Discharge
Parameter
Limit
(mg/L)
Parameter
Limit
(mg/L)
Aldrin/dieldrin
0.00008 Manganese (Total)
0.05
Aluminum
1.0
Mercury (Total)
0.0004
Ammonia
10.0
Methylene Chloride
0.0052
Arsenic
0.02
Mirex
0.04
3, 3' - Bichlorodenzidine
0.008
Nickel (Total)
0.08
Barium
1.0
Nonylphenol
0.001
Benzene
0.002
Nonylphenol ethoxylates
0.01
Biochemical Oxygen
Demand
15
Oil & Grease - Mineral &
Synthetic
15.0
Bis (2-ethylhexyl) phthalate
0.0088
PAH's (Total)
0.002
Cadmium (Total)
0.02
PCB's (Total)
0.004
Chlordane
0.04
Pentachlorophenol
0.002
Chlorine (Free)
0.1
Phenolics (4AAP)
0.008
Chloroform
0.002
Phosphorous (Total)
0.4
Chromium (Total)
0.08
Selenium (Total)
0.02
Chromium (Hexavalent)
0.04
Silver (Total)
0.12
Cis-1, 2-Dichloropropylene
0.0056
Suspended Solids (Total)
15.0
Copper (Total)
0.04
1,1,2,2 -
Tetrachloroethane
0.017
Cyanide (Total)
0.02
Tetrachloroethane
0.0044
1, 2-Dichlorobenzene
0.0056
Tin (Total)
1.0
1, 4-Dichlorobenzene
0.0068
Toluene
0.002
DDT
0.00004 Trans-1, 3-
Dichloropropylene
0.0056
Di-n-butyl Phthalate
0.015
Trichlolethylene
0.0076
Ethyl benzene
0.002
Vinyl Chloride
0.04
Hexachlorobenzene
0.00004 Xylenes (Total)
0.0044
Hexachlorocyclohexane
0.04
Zinc (Total)
0.04
Lead (Total)
0.12
By-Law No. 127-2016
Revised November, 2016 Page 12 of 24
Section 4.0
Sewer Connection
4.1
No person shall;
(a) erect, or cause, or permit to be erected any new building on lands that
are serviced by a sanitary sewer, unless the new building is connected to the
sanitary sewer, save and except a building not required to contain plumbing
or a sewage system under the Ontario Building Code Act, 1992 or any other
applicable federal or provincial law;
(b) construct, install, maintain, or cause, or permit to be constructed,
installed or maintained, whether installed prior to the date of the passing of
this By-law or any of its predecessors, a direct or indirect connection to the
sanitary connection which would permit anything other than sanitary sewage
to discharge into the sanitary sewer connection.
(c) construct, install, maintain, or cause, or permit to be constructed,
installed, or maintained a direct, or indirect connection to the sanitary sewer
without authorization, inspection and final approval by the Municipality; and
(d) construct a sewer connection on any road allowance, easement, or other
public land unless under a contract, or agreement with the Municipality of
Brighton.
4.2
Any person desiring a sewer connection shall make an application to the
Municipality on forms supplied by the Municipality, accompanied by such
plans as may be required, and pay a fee for the application. The owner of
the property to be served, or the owners' agent shall sign the application,
and the owner shall be responsible for the completeness and accuracy of the
information on such application and plans.
4.3
A sewer connection on public property between the sewer main and private
property shall be installed by the owner or agent at his/her expense. Sewer
connections on private property shall be installed by the owner, pursuant to a
building permit having been previously issued for such purpose by the Chief
Building Officer, and at the expense of the owner or agent.
4.4
Methods and materials used on the construction of sewer connections shall
resist entry of roots and acid or alkali damage, and shall be acceptable to the
Municipality.
4.5
Double or more municipal sewer connections will not be permitted, unless
otherwise stated in the Ontario Building Code, 1992.
4.6
A private sewer connection shall not be finalized until:
(a) the municipal sewers to which the municipal sewer connection is made
are fully completed and accepted, by the Municipality, for operation;
(b) the municipal sewer connection meets Municipal requirements;
(c) the backfilling is properly completed around the building and the lot has
been sufficiently graded to eliminate the possibility of any ponding on the
property, and the sub-flooring has been installed over the foundation to
prevent the entry of storm water, which could run off through the private
sewer connection; and
(d) all existing surface water in the excavation or basement has been
pumped out.
By-Law No. 127-2016
Revised November, 2016 Page 13 of 24
4.7
Once a private sewer connection is finalized, the owner shall be responsible
for the satisfactory operation, cleaning, repairing, replacement and
maintenance of the connection from the property line to the building.
4.8
In the event that any person constructs a municipal sewer connection in a
manner other than provided for herein, the Municipality may order the re-
excavation of the connection for the purpose of inspection and testing, and if
necessary, reconstruction of the work, and Municipality may have these
works performed at the expense of the owner or may disconnect the said
sewer connection, in which case, it shall not be reconstructed, except with
the approval of the Municipality .
4.9
No person shall connect a Sump Pump to the sanitary sewer or floor drain of
a property zoned residential.
4.10 A property owner may request an inspection of any existing municipal
sanitary sewer connection, and the owner shall deposit an inspection fee with
the Municipality of Brighton. If upon inspection a structural problem is found
in the municipal portion of the connection, the deposit will be refunded. If a
problem is found on the owner's portion of the connection, the owner will be
required to correct the problem, at the owner's expense, to the satisfaction of
the Municipality and the owner shall pay the actual costs for the inspection.
In the event the actual cost is greater than the deposit, the owner shall
immediately pay the difference to the Municipality. If a person disputes the
Municipality's determination of the location of the defect, that person may
apply in writing to the Municipality to request further inspection and:
a) the applicant shall state in writing the basis upon which the applicant
disputes the Municipality's determination of the location of the defect in the
sewer connection and provide any available reports, photographs, or other
supporting information as may be available;
b) by submitting a written statement and as a condition of the Municipality
conducting an inspection, the property owner shall be deemed to have
consented to the Municipality having reasonable access to the property
owner's private plumbing and sewer system. Where the person submitting
the written statement is not the property owner, the written submission shall
include the written consent of the property owner for such reasonable
access;
c) if the Municipality determines that an inspection is necessary to determine
the location, or cause of the defect, the person requesting the inspection
shall pay a deposit for the amount specified in the most recent Water and
Wastewater Fees and Charges By-law. The deposit shall be in the form of
either cash, or a certified cheque, or applied to the person's water account,
as may be determined by the Municipality;
d) accepts that the method of inspection is at the discretion of the
Municipality and, without limitation, may consist of excavation within the
municipal road allowance, closed circuit television inspection of the
connection via the sewer, or otherwise as the Municipality deems
appropriate;
4.11 Disconnections:
(a) The Municipality may order the temporary disconnection of any sewer
connection for so long as it is necessary to prevent continued or repeated
violations of this By-Law, and during that time no person shall use, or cause,
or permit the use of the connection.
(b) The Municipality shall not order such temporary disconnection unless the
Municipality has first mailed to the property owner and occupant, if any, a
By-Law No. 127-2016
Revised November, 2016 Page 14 of 24
registered letter specifying the nature of the violation or violations of this By-
law and specifying the intentions of the Municipality to order a temporary
disconnection of the sewer by a specified date, to be calculated 30 days from
the date of the mailing notice, and specifying the cost of the
disconnection and reconnection to be borne by the property owner and
payable to the City before any reconnection is made.
4.12 Reconstructed Buildings:
(a) Whenever an existing building is substantially demolished, the existing
municipal sanitary sewer connection shall be disconnected at the municipal
sewers and inspected by the Municipality, at the expense of the owner of the
building or their agent. The owner, or their agent, holding the permit to
construct a replacement building shall be required to apply and pay for the
installation of any new municipal sewer connection(s). For the purpose of
this section, an existing building is substantially demolished when more than
fifty (50) percent of the exterior walls of the first story above grade are
removed, whether or not they are subsequently replaced.
(b) An owner or their agent who is applying for a permit to construct a
replacement building, or to disconnect a dwelling from a septic tank to
connect to a sanitary sewer connection, shall be entitled to use an existing
municipal sewer connection, which upon inspection by the Municipality, at the
expense of the owner, or agent, meets the following conditions:
i) the connection meets current municipal standards and
specifications;
ii) the connection is not a double connection;
iii) there is no recorded history of sewer back-ups in respect to
properties serviced by that connection; and
iv) the connection is free of structural and operational defects (as
determined through CCTV inspection).
4.13 Appropriate lot level storm water management measures are to be used to
reduce storm water quantity and improve storm water quality. The direct
connection of any drainage works to the municipal storm sewer system is
prohibited unless, in the opinion of the Municipality, there is no practical
alternate means of drainage available.
4.14 Where a new connection is deemed necessary for the servicing of hard surface
parking or vehicle access area, the applicant may be required to submit a
storm water management report identifying the storm water control
measures being proposed for the site to the satisfaction of the Municipality.
Where a new connection is deemed to be necessary for the purposes of
providing groundwater drainage, the discharge must be regulated by means
of:
(a) a sump pump that must elevate the water, via a loop system, to an
elevation above that of the centre line elevation of the road before being
discharged to the storm drainage system. A flap gate check valve shall be
installed on the sump pump discharge pipe so that no storm water may flow
from the storm sewer into the weeping tile system. No direct or indirect
interconnection between the private storm drain system and the sanitary
drainage system is permitted. The above systems shall be installed and
maintained by the owner and operator of the premises at his/her expense;
and
(b) a backwater valve, in circumstances where a storm sewer connection is at
such an elevation so as to provide gravity flow. The above system shall be
By-Law No. 127-2016
Revised November, 2016 Page 15 of 24
installed and maintained by the owner, or operator of the premises at his/her
expense.
4.15 No person shall construct, install, maintain, or cause, or permit to be
constructed, installed or maintained, drainage from any roof water leader or
down spout that conveys storm water to the sanitary sewer.
4.16 The owner of any building erected upon lands that abut on a street not
serviced by a storm sewer shall construct a down-pipe from the eaves trough
that shall discharge the water at a grade with provisions to prevent soil
erosion, and shall conduct storm water away from the building in such a
matter that the storm water will not accumulate at, or near, the building and
will not adversely affect adjacent properties.
4.17 The owner of any building which has a roof water leader discharging storm
water, either directly or indirectly, into the sanitary sewer connection shall
disconnect the down-pipe from the underground portions at grade and shall
direct the storm water away from the building in such a manner that the
storm water will not accumulate at, or near, the building and will not
adversely affect adjacent properties.
4.18 In the case of storm sewer, subsection 4.17 shall not apply where:
(a) a building or structure located upon a lot on which any portion of the roof
elevation is lower than the street elevation at the front or side thereof;
(b) a storm sewer has been constructed at such an elevation, that in the
opinion of the Municipality, the connection from a roof drain, or from the
weeping drain, cannot be connected with as adequate fall for proper
drainage; and
(c) a building or structure is constructed adjacent to a watercourse, provided
the roof drains from such buildings, or structures, are directed to the
watercourse subject to the approval of the Municipality and other local
approval bodies, (ie. Lower Trent Conservation).
4.19 For the purpose of this section:
(i) "directly" shall mean by any physical connection or series of
connections between the roof water leader and the sanitary sewer
system;
(ii) "indirectly" shall mean in any matter whatsoever whereby storm
water enters the sanitary sewer system, and for the greater certainty
includes any situation where open joints in underground sewer
connections on private property that causes storm water to infiltrate
the sanitary sewer system;
(iii) notwithstanding the provisions of this subsection, an owner may
request that the Municipality conduct an inspection as provided in
section 4.10 of this By-law;
(iv) if, as a result of the inspection, it is determined that the infiltration
of storm water into the sanitary sewer occurs solely as a result of a
structural problem in the municipal portion of the connection, the
provisions of subsection 18.2 of this By-Law will not apply to the
owner;
(v) if, as a result of the inspection, it is determined that the infiltration
of storm water into the sanitary sewer occurs as a result of structural
problems in both the municipal portion of the connection and the
owner portion of the connection, the provisions of subsection 18.2 will
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Revised November, 2016 Page 16 of 24
not apply to the owner and the deposit will be refunded if the owner
completes repairs to the owner's portion of the connection to the
satisfaction of the Municipality.
4.20 Where a catch basin has been installed on private property to drain
storm water from any driveway which slopes towards any structure located
on the said property, the installation shall include:
(a) a flap gate water valve installed directly downstream of the private catch
basin, so that no storm water may back-up from the storm sewer into the
private catch basin;
(b) a sump pump, located in the overflow sump, to discharge any storm
water which has collected in the catch basin while the above flap gate
backwater valve has closed to prevent a back-up of storm water; and
(c) a flap gate backwater valve installed on the weeping tile lead adjacent to
the sump pit, so that no storm water may flow from the sump pit into the
weeping tile system.
4.21 No person shall discharge wastewater from a swimming, or wading pool:
(a) directly into a storm drainage system, unless the water quality meets the
requirements listed in Table II;
(b) onto an adjoining property; or
(c) over a valley/ravine wall, such that it may cause erosion, or instability, of
the valley or ravine slope.
4.22 The wastewater from a swimming or wading pool shall be discharged in
a controlled manner to the owner's property such that the discharge
evaporates or infiltrates into the ground.
4.23 The rain water resting on a tarp which covers a swimming pool may be
discharged to a storm sewer.
4.24 No person shall permit water discharge from storm water, including surface
water, groundwater, rain runoff, foundation drain or other subsurface
drainage including any unpolluted cooling water or unpolluted industrial
process water to discharge into the sanitary sewage works.
Section 5.0
Maintenance Access Points
5.1
Every owner, or operator, of residential, commercial, institutional or industrial
premises or apartment/condominium building(s) with one or more
connections to a sewage works shall not fail to install, and maintain in good
repair, a suitable maintenance access point to allow observation, sampling
and flow measurement of the sewage, uncontaminated water or storm water
by the Municipality. Where installation of a maintenance access point is not
possible, an alternative device, or facility, may be substituted with the written
approval of the Municipality.
5.2
Where there is no maintenance access point meeting the requirements of this
By-law, the Municipality may require, in writing, the installation of a
maintenance access point within a specified period of time, or may permit the
use of an alternative device, or facility, for the purpose of sampling discharge
to the sewage works.
5.3 Maintenance access points required under this By-law shall be:
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Revised November, 2016 Page 17 of 24
(a) located on the property of the discharger, as close to the property line
as practicable, unless the Municipality permits an alternative location;
(b) accessible at all times;
(c) constructed in a manner which meets with standards of the Municipality;
(d) maintained to ensure access and structural integrity; and
(e) maintained and constructed at the expense of the discharger.
Section 6.0
Reports
6.1
Every owner or operator of industrial, commercial or institutional premises
shall submit a "Short Version of the Discharger Information
Report"
(Schedule "A") as required by the Municipality prior to any discharge of
sewage, storm water, cooling water or uncontaminated water to the sewage
works.
6.2
Every owner or operator of industrial, commercial or institutional premises
upon written notice shall complete and submit a "Complete Discharger
Information Report" in the form set out in this By-law as (Schedule "B"),
where, in the opinion of the Municipality, discharge from the premises
may have a significant impact on the sewage works.
6.3 An owner or operator of an industrial, commercial or institutional premises
who is discharging or depositing sewage, storm water, cooling water or
contaminated water to a sewage works shall provide written notice of
any change in the information in the reports required under sections 6.1 or
6.2 and such notice shall include details of the nature of the change of the
discharge and its potential effect on the municipal sewage works into which it
is being discharged or deposited.
6.4
Third party companies monitoring any industrial, institutional or commercial
properties discharging or depositing sewage, storm water, cooling water or
uncontaminated water to the municipal sewage works shall, upon request,
provide the Municipality with any reports.
Section 7.0
Compliance Program
7.1
An Industrial, Commercial and Institutional property owner may submit to the
Municipality a proposed compliance program setting out activities to be
undertaken by a facility that would result in prevention or reduction and
control of the discharge or deposit of matter from the facility's premise into
municipal or private sewer connections to any sanitary sewer.
7.2
An Industrial, Commercial or Institutional property owner may submit to the
Municipality a proposed compliance program setting out activities to be
undertaken by a facility that would result in the prevention or the reduction
and control of the discharge or deposit of uncontaminated water, or storm
water from the properties premises to eliminate the discharge of matter into
municipal or private sewer connections to any storm sewer.
7.3
Upon receipt of a compliance program pursuant to Subsection 7.1 and 7.2
above, the Municipality may issue an approval for a compliance program for
the facility to discharge an effluent that does not comply with Table I or
Table II of this By-law. The industry shall be entitled to make non-complying
discharges in the amount and only to the extent set out by the Municipality
prior to the planning, design and construction, or installation of facilities, or
works, needed to implement the approved compliance program.
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Revised November, 2016 Page 18 of 24
7.4 Every proposed compliance program shall be for the specified length of
time during which treatment facilities are to be installed, and shall be specific
as to the remedial actions to be carried out by the facility, the dates of
commencement and completion of the activity, and the materials or other
characteristics of the matter to which it relates and may provide for the
payment of fees. The final activity completion dates shall not be later than
the final compliance completion dates for the program.
7.5
The property owner to whom the compliance program has been issued shall
submit a compliance program progress report to the Municipality within
fourteen (14) days of the completion date of each activity listed in the
compliance program.
7.6
The Municipality is authorized to execute Discharge Agreements with respect
to the approved compliance programs, which Agreements may, in accordance
with guidelines adopted by the Municipality from time to time, include a
provision for a reduction in the payment otherwise required. The reduction in
payment may be in such an amount and for such duration as the Agreement
may specify.
7.7
Every person shall comply with the compliance program and in the event that
the facility fails or neglects to carry out, or diligently pursue the activities
required of it under its approved compliance program, the Municipality shall
terminate any compliance program approval at any time on thirty (30) days
written notice to the facility, and in the event of such termination, the facility
shall pay to the Municipality the full difference in the amount required to
paid, pursuant to the Discharge Agreement, and the amount actually paid as
a result of having entered into an Agreement, with respect to the approved
compliance program.
7.8
A compliance program approval contemplated by this Section may be
terminated by the Municipality by written notice at any time where there is an
emergency situation, or immediate threat, or danger to any person, property,
plant or animal life, or waters.
Section 8.0
Discharge Agreement
8.1
The Council of the Municipality of Brighton may authorize an Agreement with
a discharger to permit exceedances for any one or more of the parameters
set out in Table I, referred to in Section 2.1 (3) (r), for the following, where
sewage is discharged to a sanitary sewer:
(a) Biochemical Oxygen Demand
(b) Phenolics (4AAP)
(c) Solvent Extractables - animal or vegetable in origin;
(d) Total Kjeldahl Nitrogen; or
(e) Phosphorus, Total; or
(f) Suspended Solids, Total.
8.2
The Agreement may contain terms and conditions, including terms and
conditions related to the calculation and payment for the discharge to the
sanitary sewer.
8.3
During the term of the Agreement, the discharger is exempt from meeting
the limits set out in the Table referred to in Section 2.1 (3) (r) for the
parameter(s) included in the Agreement, if all conditions stipulated by the
Municipality are met.
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Revised November, 2016 Page 19 of 24
8.4
The Municipality may terminate the Agreement at any time and the
termination will be effective within thirty (30) days of the delivery of a written
notice to the discharger's site or head office.
8.5
The discharger shall complete any monitoring or sampling of any discharge to
the sewage works as required by the Municipality, and provide the results in
accordance with the Agreement.
8.6
The obligations set out in, or arising out of Section 9.1 shall be completed at
the expense of the discharger, unless the Municipality has agreed, in writing,
to share the expense with the discharger.
8.7
Any fees required to be paid to the Municipality pursuant to an Agreement
shall be paid within thirty (30) days of the date of invoice.
8.8
Where a person has entered into an Agreement with the Municipality, such
person shall notify the Municipality, in writing, within ten (10) days of the
occurrence of:
a) any change in ownership of the property upon, or from which the
discharge is occurring;
b) the termination of any lease or license where the leasee or licensee is in
control of the property from which the discharging of sewage is occurring;
c) where a corporation is a party to such an Agreement, any change in
control or majority ownership of the corporation;
d) where a partnership is a party to such an Agreement, any change in
partnership status;
e) any change in the manner of discharge or deposit of the sewage by such
person;
f) in the event a person fails to provide written notice as required above,
such Agreement with the Municipality shall terminate on the eleventh (11th)
day following such occurrence.
Section 9.0
Sampling and Analytical Requirements
9.1 The sampling and analysis required by this By-law shall be carried out in
accordance with the procedures, modified or unmodified, as described in the
procedures as described in Standard Methods, the United States
Environmental Protection Agency methods, and/or Ontario Ministry of the
Environment "Protocol for the Sampling and Analysis of Industrial/Municipal
Wastewater", or methods adopted by the Municipality.
9.2 Compliance or non-compliance with this By-law may be determined by the
analysis of a grab sample, or a composite sample, done in accordance with
subsection 9.1, may contain additives for its preservation and may be
collected manually, or may be done so using automated sampling devices.
9.3 Where there is no maintenance access hole meeting the requirements of
Section 5 of the By-law, the Municipality may, by written notice to an
industry, make use of an alternative device, or facility, for the purpose of
sampling a discharge to the sewage works.
9.4
All samples must be analyzed by an accredited laboratory.
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Revised November, 2016 Page 20 of 24
9.5
Upon request, a person required to conduct sampling under this By-law shall
produce sampling and analysis results to the Municipality, in a format and
timeline acceptable to the Municipality.
Section 10.0
Spills
10.1 In the event of a spill to a sewage works, Every person in care and/or control
of the property shall immediately notify the Ministry of the Environment (if
required), and the Municipality, and provide any information with respect to
the spill that is required and complete any work the Municipality may require
to mitigate the spill.
10.2 Every person responsible for the spill and the person having charge,
management and control of the property, shall do everything reasonably
possible to contain the spill, protect the health and safety of citizens,
minimize damage to property, protect the environment, clean up the spill and
contaminated residue and restore the affected area to its condition prior to
the spill.
10.3 Every person in care and/or control of the property shall provide a report on
the spill to the Municipality, within five (5) business days after the spill.
10.4 The following information is required when reporting a spill:
a) location where the spill occurred;
b) name and phone number of person who reported the spill and location
where they can be contacted;
c) date and time of spill;
d) material spilled;
e) characteristics of material spilled, including MSDS sheets;
f) volume of material spilled;
g) duration of spill event;
h) work completed and/or still in progress in the mitigation of the spill; and
i) preventative actions being taken to ensure the situation does not occur
again.
10.5 Any costs incurred by the Municipality as a result of a spill, shall be borne by
the person in care and/or control of the property be responsible for the spill.
Section 11.0 Pretreatment, Self Monitoring and Reporting
11.1 The Municipality may require the owner or operator of property discharging,
or proposing to discharge, into a municipal sewage works effluent exceeding
the strength, nature, quantity or quality provided for this By-law to install and
maintain a pre-treatment facility or holding tank.
11.2 The pre-treatment facility, or holding tank, shall be located on the property of
the owner, or operator of the premises
11.3 Any pre-treatment facility, or holding tank, installed as required in Section
11.1 shall be designed and constructed in accordance with good engineering
practice and meeting Ontario Building Code requirements, and shall be
By-Law No. 127-2016
Revised November, 2016 Page 21 of 24
constructed and maintained by the owner or operator of the premises at
his/her expense.
11.4 Monitoring devices may be required of the owner or operator of a
commercial, institutional, or industrial premise, or multi-storey residential
building to monitor sewage, uncontaminated water or storm water discharges
and with readings to be included in regular reports, regarding discharges, to
the Municipality.
11.5 No person with a pre-treatment facility or holding tank shall fail to keep
record of cleaning and maintenance and to produce such record to the
Municipality upon request.
Section 12.0
Food Related Grease Interceptors
12.1 Every owner or operator of a restaurant in an industrial, commercial or
institutional premise that prepares, cooks or processes food products and is
connected directly or indirectly to a sanitary sewer, shall install and maintain
a functioning grease interceptor. The grease interceptors shall be installed in
compliance with the most current requirements of the Ontario Building Code.
12.2 Every owner or operator of a grease interceptor required under Section 12.1,
shall ensure that every effort is taken to limit or minimize grease from
entering the sanitary sewer system.
12.3 Grease interceptors shall be isolated from any discharge from a glass washer,
dishwasher or any appliance that discharges hot water at a temperature
greater than 65 ºC (degrees Celsius), but not a hot water tank.
12.4 The use of emulsifying degreasers to clean grease traps is prohibited.
12.5 The Municipality may order an owner, or operator of a grease interceptor,
required under Section 12.1, to undertake regular maintenance of the grease
interceptor and to maintain a maintenance log to document when
maintenance work is performed.
12.6 The owner, or operator of a grease interceptor required under Section 12.1
shall at all times ensure that maintenance records required pursuant to any
order are accessible to the Municipality for the purpose of observing that
proper maintenance practices are being followed.
12.7 Where it is required to remove blockages of grease from a sanitary sewer and
an inspection of any adjacent premise with a grease interceptor required
pursuant to Section 12.1 indicates that the grease interceptor is not
functioning properly, or is not being adequately maintained, the premise will
be billed the Municipality's cost to clean the sewer, even if it is not possible to
show the premise caused the blockage. If the inspection shows that more
than one premise has not maintained a grease interceptor, then the costs
shall be evenly divided amongst the premises.
Section 13.0
Oil and Grease Interceptors
13.1 Every owner of a commercial, industrial or institutional premise with floor
drains in areas designed to work on combustion engines that are connected
directly or indirectly to the sewer shall install and maintain an oil interceptor
designed to prevent oil and lubricating grease from entering the sewer. The
oil interceptor shall be installed in compliance with the most current
requirements of the Ontario Building Code.
By-Law No. 127-2016
Revised November, 2016 Page 22 of 24
Section 14.0
Sediment Interceptors
14.1 Every owner, or operator of any land, or premise from which sediment may
directly, or indirectly enter a sewer, included but not limited to a ramp drain,
an area drain, a construction area, or parking area which is maintained for
winter use and has capacity of twelve (12) or more vehicles, or car and
vehicle wash establishments, shall take all necessary measures to ensure that
sediment is prevented from entering a sewer by installing a sediment
interceptor. The installation of sediment interceptors shall be installed in
compliance with the most current requirements of the Ontario Building Code.
14.2 Every owner, or operator required to have a sediment interceptor pursuant to
Section 14.1 shall ensure that each and every sediment interceptor is
properly and adequately maintained to prevent sediment from entering a
sewer.
Section 15.0
Waste Grinders, Compactors And Autoclaves
15.1 No person shall install or operate any garbage or waste grinding device, or
autoclave used for industrial or commercial purposes, the effluent from which
will discharge directly or indirectly into a sanitary sewer.
15.2 Section 15.1 does not apply to autoclaves used to sterilize medical
instruments.
15.3 No person shall install or operate any garbage or waste grinding device for
commercial or industrial purposes, where the effluent from which will
discharge directly or indirectly into a storm sewer.
15.4 No person shall install or operate any garbage or waste grinding device for
domestic purposes, where the effluent from which will discharge directly or
indirectly into a sanitary sewer, unless the garbage grinding device is of a
type which will permit forty (40) percent of all grindings to pass through a
2.36 mm sieve, sixty (60) percent to pass through a 6.35 mm sieve and all
grindings to pass through a 12.7 mm sieve.
15.5 No person shall install or operate any garbage, or waste grinding device, for
domestic purposes, where the effluent from which will discharge directly or
indirectly into a storm sewer.
15.6 No person shall replace any existing garbage grinding devices for industrial,
commercial or residential purposes installed prior to passage of this by-law.
Section 16.0
Enforcement
16.1 A By-Law Enforcement Officer, Chief Building Official, Construction Inspector,
Waste Water Operator, Waste Water Supervisor, Water Operator, Water
Supervisor, Road Supervisor and Project Supervisor may at reasonable times
enter a Commercial, Industrial or institutional property to which the sewage
services or sewage works are supplied by the Municipality to:
(a) install, inspect, maintain, repair, alter, replace or disconnect a sewer,
municipal sewer connection, subsurface drainage pipe or other sewage
works;
(b) shut off or reduce the supply of sewage services or sewage works
provided by the Municipality;
16.2 The Municipality may, at reasonable times, carry out an inspection to
determine compliance with this By-Law or any order pursuant to the By-Law.
By-Law No. 127-2016
Revised November, 2016 Page 23 of 24
16.3 For the purpose of any inspection the Municipality may,
(a) require the production of documentation for inspection, or other items
relevant to the inspection;
(b) inspect and remove documents or items relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning the discharge of matter
to sewers; and
(d) alone, or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
Section 17.0
Obstruction
17.1 No person shall represent or cause to represent that he or she is an owner or
occupier of a property if he or she is not.
17.2 No person shall prevent, hinder, obstruct or interfere, or attempt to prevent,
hinder, obstruct or interfere, in any manner the By-Law Enforcement Officer,
Chief Building Official, Construction Inspector, Waste Water Operator, Waste
Water Supervisor, Water Operator, Water Supervisor, Road Supervisor and
Project Supervisor in the exercise of an activity, power or performance of a
duty under this By-law, or in the administration, or enforcement of this By-
law. The activities may include, without limitation, the following:
(a) entering in, or upon, at any reasonable time without a warrant, any land,
property, or premises, except premises used as a dwelling house, in which
case reasonable notice shall be provided in accordance with this By-Law; or
(b) making tests, or take samples as the Municipality deems necessary; or
(c) inspecting or observing any plant, machinery, equipment, work, activity or
documents for the purpose of administering and enforcing this By-law; or
(d) repairing, maintaining, altering, disconnecting, removing, replacing, or
installing sewage works, or any related item.
Section 18.0
General Prohibitions and Liability For Damage
18.1 No person shall uncover, make any connection with, or opening into, break,
alter damage, destroy, deface or tamper or cause or permit the breaking,
damaging, destroying, defacing or tampering with:
(a) any part of a sewage works; or
(b) any permanent or temporary device installed in any part of the sewage
works for the purposes of flow measuring, sampling and testing of sewage,
uncontaminated water, or storm water.
18.2 Any person discharging sewage, uncontaminated water or storm water to the
municipal sewage works shall be responsible for ensuring that such sewage,
uncontaminated water, or storm water conforms at all times to the provisions
of this By-law and shall be liable for any damage, or expense arising out of
his or her failure to properly check and control such discharge, including the
cost of investigation, repairing or replacing any part of any municipal sewage
By-Law No. 127-2016
Revised November, 2016
Page 24 of 24
works damaged thereby and for any damages or injury to any person, or
property, caused by such discharge.
Section 19.0
Offences
19.1 Any person who contravenes any provision of this By-law as listed in
Schedule C, is liable to a fine for each offence.
19.2 Any person who contravenes any provisions of this By-law is guilty of an
offence and on conviction is liable to a fine up to $100,000 for each offence
pursuant to Section 429 of the Municipal Act S.O. 2001.
19.3 Any person who violates any provision of this By-law is, upon conviction,
guilty of an offence and shall be liable to such penalties prescribed by the
Provincial Offenses Act, R.S.O., 1990, c.p.33. Each day that such an offence
is committed, or permitted to continue, shall constitute a separate offence
and may be punishable as such.
Section 20.0
Repeal
20.1 The former Corporation of the Town of Brighton By-laws No. 1990-671,
1977-136, and By-Law 013-2015 are hereby repealed.
Section 21.0
Enactment
21.1 Date of Enactment
21.1.1 This By-Law shall come into force and take effect on the day it is
passed.
Read a first, second and third time and finally passed this 19th day of December,
2016.
Original signed by:
Mark A. Walas, Mayor
Original signed by:
Vicki Kimmett, Deputy Clerk