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THE CORPORATION OF THE TOWNSHIP OF BROCK
BY-LAW NUMBER 3388-2025
Being A By-Law to Regulate the Discharge of Water and Waste into and the connection to
the Municipal Storm Sewer Works and Other Drainage From Land
Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits municipalities to
regulate with respect to the collection of storm water and other drainage from land;
And Whereas the Ontario Water Resources Act, R.S.O. 1990, c. O.40 provides that every
Person that discharges or causes or permits the discharge of any material of any kind into or in
any waters or on any shore or bank thereof or into or in any place that may impair the quality of
the water of any well, lake, river, pond, spring, stream, reservoir, artificial watercourse,
intermittent watercourse, groundwater or other watercourse, is guilty of an offence;
And Whereas the Council of The Corporation of the Township of Brock deems it necessary to
regulate the discharge of matter into municipal and private storm sewer systems to protect the
storm sewer works from undue deterioration, damage and obstruction, to protect water quality
by preventing the discharge of harmful substances to municipal and private storm sewer
systems, and to protect human health and the environment from adverse effects.
Now Therefore, the Council of The Corporation of the Township of Brock enacts as follows:
PART 1 - SHORT TITLE
1. This by-law may be cited as the "Storm Sewer Use By-law" (By-law).
PART 2 - DEFINITIONS
2. In this By-law;
a.
"accredited laboratory" means any laboratory accredited by an authorized
accreditation body in accordance with a standard based on CAN-P-1585:
Requirements for the Accreditation of Environmental Testing Laboratories, as
may be amended from time to time, established by the Standards Council of
Canada, or ISO/IEC/EN 17025: General Requirements for Competence of
Calibration and Testing Laboratories, as may be amended from time to time,
established by the International Organization for Standardization;
b.
"acute hazardous waste chemical" has the same meaning as in Ontario
Regulation (O. Reg.) 347: General - Waste Management, R.R.O. 1990, under
the Environmental Protection Act, R.S.O. 1990, c. E.19;
c.
"biomedical waste" means biomedical waste as defined in the Ontario Ministry of
the Environment, Conservation and Parks Guideline C-4 entitled The
Management of Biomedical Waste in Ontario, as amended from time to time;
d.
"blowdown water" means recirculating water that is discharged from a cooling or
heating water system for the purpose of controlling the level of water in the
system or for the purpose of discharging from the system materials contained in
the system, the further build-up of which would or might impair the operation of
the system;
e.
"BOD" means the five-day biochemical oxygen demand (BOD) which is the
determination of the molecular oxygen utilized during a five-day incubation period
for the biochemical degradation of organic material (carbonaceous demand), and
the oxygen used to oxidize inorganic material such as sulphides and ferrous iron,
and the amount of oxygen used to oxidize reduced forms of nitrogen
(nitrogenous demand);
f.
"catch basin" is part of a storm drain or storm sewer works that is designed to
trap debris so that it cannot enter the drainage pipes;
g.
"Certificate of Approval", see Environmental Compliance Approval;
h.
"combustible liquid" means a liquid that has a flash point at or above 37.8
degrees Celsius and below 93.3 degrees Celsius;
i.
"composite sample" means a sample made up of a series of grab samples that
have been combined automatically or manually and taken at intervals during the
sampling period;
j.
"contact cooling water" means water that is used in a process of removing heat
and that has direct contact with any raw material, intermediate product, waste
product, or finished product, but does not include blowdown water;
k.
"Council" means the elected Council of the Township of Brock;
l.
"Director" means the Director of Public Works and Operations of the Township of
Brock;
m.
"discharge", when used as a noun, includes addition, deposit, emission, leak or
seepage. Discharge, when used as a verb, includes add, deposit, emit, leak or
seep (e.g., water or groundwater infiltrating into a private storm sewer system
and/or municipal storm sewer works) and includes direct discharge (e.g., by a
private sewer connection) and indirect discharge (e.g., as runoff that may be
intercepted by land drainage works or storm sewer works);
n.
"drain" means any drainage or piping, inside or outside a building, that conveys
stormwater, and includes downspouts, rain-leaders and catch basins;
o.
"Environmental Compliance Approval" or Certificate of Approval has the same
meaning as in O.Reg. 255/11: Applications for Environmental Compliance
Approvals under the Environmental Protection Act, R.S.O. 1990, c. E.19;
p.
"EPA" means the Environmental Protection Act, R.S.O. 1990, c. E.19;
q.
"foundation" means the supporting portion of a structure below grade, including
footings;
r.
"foundation drain" or weeping tile means any arrangement or type of pipe placed
along the perimeter of a building foundation for the collection of groundwater;
s.
"fuel" includes alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other
ignitable substance intended for use as a fuel, and has the same meaning as in
O.Reg. 347: General - Waste Management, R.R.O. 1990, under the
Environmental Protection Act, R.S.O. 1990, c. E.19;
t.
"grab sample" is a portion of the discharge from or to the storm sewer works
taken at a maintenance access hole or another location established pursuant to
Part 8 Section 31;
u.
"groundwater" means water in a saturated zone or stratum beneath the surface
of the land or below the surface water body;
v.
"hauled sewage" has the same meaning as in O. Reg. 347: General - Waste
Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O.
1990, c. E.19;
w.
"hauled waste" means any industrial waste, other than hauled sewage, that is
transported to and deposited into the storm sewers works or into a location
where it could enter the storm sewer works;
x.
"hazardous industrial waste" has the same meaning as in O. Reg. 347: General -
Waste Management, R.R.O. 1990, under the Environmental Protection Act,
R.S.O. 1990, c. E.19;
y.
"hazardous waste chemicals" has the same meaning as in O. Reg. 347: General
- Waste Management, R.R.O. 1990, under the Environmental Protection Act,
R.S.O. 1990, c. E.19;
z.
"ignitable waste" has the same meaning as in O. Reg. 347: General - Waste
Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O.
1990, c. E.19;
aa.
"industrial" means of or pertaining to manufacturing, commerce, trade, business,
or institutions as distinguished from domestic or residential;
bb.
"industrial user" means the Owner of industrial premises from which there is a
discharge of any matter directly or indirectly into a storm sewer;
cc.
"land drainage works" means works of any sort for the drainage of land in the
Township of Brock including drainage channels for receiving water in its natural
flow on or from any hills or other lands, and works diverting or damming the
same to prevent its overflow on to any other lands at a lower level, as well as
drainage channels for carrying off water from any land;
dd.
"maintenance access hole" means an access point in a private storm sewer
connection to allow for observation, sampling and flow measurement of
discharge of uncontaminated water and/or stormwater contained therein;
ee.
"matter" includes solid, liquid or gas;
ff.
"Order" means an order made pursuant to Part 12 Section 54 of this By-law;
gg.
"O. Reg. 347" means Ontario Regulation 347: General - Waste Management
R.R.O. 1990, made under the Environmental Protection Act, R.S.O. 1990, c.
E.19;
hh.
"owner" (or "Owner") includes the lessee, occupier and/or operator of any
premises, and includes an individual, association, firm, partnership, corporation,
trustee, or agent, and their heirs, executors, or legal representatives;
ii.
"pathological waste" has the same meaning as in O. Reg. 347: General - Waste
Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O.
1990, c. E.19;
jj.
"PCB" means any monochlorinated or polychlorinated biphenyl or any mixture of
them or mixture that contains one or more of them;
kk.
"person" (or "Person") includes an individual, association, partnership,
corporation, company, municipality, or an heir, executor, administrator, agent,
employee or other legal representative of such person;
ll.
"pesticide" means one or more pesticides regulated under the Pesticides Act,
R.S.O. 1990, c. P.11;
mm.
"pollution prevention" means the use of processes, practices, materials, products
or energy that avoids or minimizes the creation of pollutants and wastes, at the
source;
nn.
"pollution prevention plan" means a five-year plan that identifies operations or
activities of an industrial user and specific pollution prevention methods within
time constraints, to be implemented within the five-year period;
oo.
"private drain" means any drainage or piping, inside or outside a building, that
conveys stormwater, and includes downspouts, rain-leaders and catch basins,
and swimming pools;
pp.
"private swimming pool" means a swimming pool, salt water swimming pool,
wadding pool, or hot tub/spa serving a single family residence;
qq.
"private sewer connection" means that part of any drain or system of drains,
including drains or subsurface drainage pipe for surface or subsurface drainage of
the land in or adjacent to a building, lying within the limits of the private lands and
leading directly or indirectly to a Township storm sewer works;
rr.
"Qualified Person (QP)" means a licensed professional Engineer or Geoscientist
as defined in Section 5 or 6 of Ontario Regulation 153/04: Records of Site
Condition, under Part XV.1 of the Environmental Protection Act, R.S.O. 1990, c.
E.19;
ss.
"reactive waste" has the same meaning as in O. Reg. 347: General - Waste
Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O.
1990, c. E.19;
tt.
"sanitary drain" means any drainage or piping connecting to a sanitary sewer;
uu.
"sanitary sewer" means a sewer of the Township or Regional Municipality of
Durham used for the collection and transmission of domestic or industrial sewage
or any combination thereof;
vv.
"severely toxic waste" has the same meaning as in O. Reg. 347: General -
Waste Management, R.R.O. 1990, under the Environmental Protection Act,
R.S.O. 1990, c. E.19;
ww.
"sewage" means any liquid waste containing animal, vegetable, mineral or
chemical matter in solution or in suspension but does not include stormwater or
uncontaminated water;
xx.
"sewer" means a pipe, conduit, drain, open channel, or ditch for the collection
and transmission of stormwater and/or uncontaminated water, or any
combination thereof;
yy.
"spill" means a direct or indirect discharge or deposit of: firstly, any substance
which is described in Part 3 of this By-law as being prohibited from being
discharged; or, secondly, of either stormwater or uncontaminated water into
storm sewer works or the natural environment which is abnormal in quantity or
quality in light of all the circumstances of the discharge;
zz.
"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 the Water
Environment Federation, the United States Environmental Protection Agency
methods, or the Ontario Ministry of the Environment, Conservation and Parks
Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater,
current at the date of testing, or the equivalent of a standard method;
aaa.
"storm sewer" means a sewer, pipe, conduit, drain, open channel or ditch for the
collection and transmission of uncontaminated water, stormwater, drainage from
land or from a watercourse or any combination thereof;
bbb.
"storm sewer works" means any works belonging to or operated by the Township
for the collection, transmission, treatment or disposal of stormwater or
uncontaminated water, including a storm sewer, land drainage works 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;
ccc.
"stormwater" means water from rainfall, other natural precipitation, drainage or
from the melting of snow or ice;
ddd.
"suspended solids" means insoluble matter in liquid that is removable by filtration,
as determined by the appropriate procedure described in Standard Methods;
eee.
"Township" means the Township of Brock acting as a body corporate unless the
context requires otherwise;
fff.
"uncontaminated water" means municipally treated drinking water or any water to
which no matter has been added as a consequence of its use, or to modify its
use, by any Person;
ggg.
"waste disposal site leachate" means the liquid containing dissolved or
suspended contaminants which emanates from waste and is produced by water
percolating through waste or by liquid in waste;
hhh.
"waste radioactive prescribed substances" means uranium, thorium, plutonium,
neptunium, deuterium, their respective derivatives and compounds and such
other substances as the Canadian Nuclear Safety Commission may by regulation
designated as being capable of releasing atomic energy or as being requisite for
the production, use or application of atomic energy; and
iii.
"watercourse" means an open channel, ditch or depression either natural or
artificial, in which flow of water occurs either continuously or intermittently.
PART 3 - STORM SEWER REQUIREMENTS
3. No Person shall discharge or deposit or cause or permit the discharge into a storm
sewer, watercourse, land drainage works, foundation drain, municipal or private sewer
connection or municipal or private drain connection to any storm sewer works any matter
that,
a. interferes with proper operation of a storm sewer;
b. obstructs or restricts a storm sewer or the flow therein;
c. damages a storm sewer;
d. results in any hazard or other adverse impact, to any person, animal, property, or
vegetation;
e. impairs the quality of the water in any well, lake, river, pond, spring, stream,
reservoir, artificial watercourse, intermittent watercourse, or any other
watercourse;
f. contravenes or results in a contravention under the Ontario Water Resources
Act, R.S.O. 1990, c. O. 40 as amended, the Environmental Protection Act,
R.S.O., 1990 c. E.19 as amended, or the Fisheries Act, R.S.C., 1985, c. F-14 as
amended.
4. No Person shall discharge or deposit or cause or permit the discharge into a storm
sewer, watercourse, land drainage works, foundation drain, municipal or private sewer
connection or municipal or private drain connection to any storm sewer works any matter
that has one or more of the following characteristics:
a. visible film, sheen or discolouration;
b. two or more separate layers, including, upon allowing a sample of turbulent flow
to settle, two or more immiscible liquid layers;
c. a pH less than 6.0 or greater than 9.0;
d. a temperature greater than 40 degrees Celsius; or
e. having or causing an offensive or nuisance odour.
5. No Person shall discharge or deposit or cause or permit the discharge into a storm
sewer, watercourse, land drainage works, foundation drain, municipal or private sewer
connection or municipal or private drain connection to any storm sewer works any matter
that contains,
a. acute hazardous waste chemicals;
b. ashes;
c. blowdown water;
d. biomedical waste;
e. contact cooling water;
f. combustible liquids;
g. Escherichia (E.) coli colonies in excess of 200 Colony Forming Units per 100 mL;
h. floating debris;
i.
fuel;
j.
hauled sewage;
k. hauled waste;
l.
hazardous industrial waste;
m. hazardous waste chemicals;
n. ignitable waste;
o. nuclear substances;
p. oil and grease;
q. organic solvents;
r. paint;
s. pathological waste;
t. PCB;
u. PCB waste;
v. pesticides, fungicides, herbicides;
w. pet waste;
x. reactive waste;
y. severely toxic material or waste;
z. sewage;
aa. waste disposal site leachate;
bb. waste radioactive prescribed substances;
cc. a substance, from raw materials, intermediate or final products, used or produced
in, through or from an industrial process; or
dd. a concentration, expressed in milligrams per litre, in excess of any one or more of
the limits in "Table 1 - Limits for Storm Sewer Discharge" of this By-law.
6. The Owner of the premises shall ensure that appropriate and necessary practices are
undertaken to prevent the discharge of suspended solids (total) in excess of 15 mg/L as
a result of activities on their property; including:
a. construction activities that may result in erosion or sediment runoff from the
property; and,
b. outside storage activities that may result in the mobilization of stored materials as
a result of rain or runoff from the property, including sand and granular material
storage.
7. Notwithstanding Subsections 4 and 5, discharges are permitted where:
a. the material is being discharged pursuant to an Environmental Compliance
Approval (Certificate of Approval) or Order relating to the premises, which
expressly allows the discharge, under the Environmental Protection Act or the
Ontario Water Resources Act; and
b. a copy of the Environmental Compliance Approval (Certificate or Approval) or
Order referred to in Subsection 7 (a) has been provided to the Township; and
c. the Owner of the premises has written approval from the Director, which
expressly authorizes the discharge from the premises.
8. An Owner may be required, upon receipt of a notice from the Township, to complete one
or more of the following activities as stated in the notice addressing stormwater from the
Owner's site:
a. a study on stormwater quality and/or quantity justifying the status quo and in so
doing conclusively demonstrating that the stormwater runoff from the site in
question will not result in the discharge of matter from the site that is in sufficient
quantity and concentration so as to cause adverse effect to the storm sewer
works, human health or the environment;
b. modification and/or construction of stormwater facilities so as to ensure the
avoidance of an adverse effect to the storm sewer works, human health or the
environment as a consequence of the functioning of the stormwater facilities;
c. adoption and implementation of pollution prevention techniques and measures to
ensure the avoidance of an adverse effect to the storm sewer works, human
health or the environment as a consequence of the stormwater facilities;
d. any other requirement specified by the Township.
PART 4 - PROHIBITION OF DILUTION
9. No Person shall discharge directly or indirectly or cause or permit the discharge of any
matter to a watercourse, private sewer connection or to storm sewer works in
circumstances where water has been added to the discharge for the purposes of dilution
to achieve compliance with this By-law.
PART 5 - PRIVATE SWIMMING POOL WATER
10. A Person is permitted to discharge wastewater from a private swimming pool or hot
tub/spa or wading pool to the storm sewer works provided that all of the following
conditions are met:
a. discharge in a manner that does not cause the wastewater to flow onto an
adjoining property; and
b. the discharge does not travel over a valley, ravine wall or slope in a manner that
may cause or causes the erosion or instability of the valley or ravine wall or
slope; and
c. there are no algaecides in the private swimming pool or hot tub/spa or wading
pool water; and
d. the private swimming pool or hot tub/spa or wading pool water is held in the pool
for one week after the last dosage of chlorine and the chlorine concentration in
the discharge is at or below 0.01 mg/L; and
e. the private swimming pool or hot tub/spa or wading pool is treated with sodium
sulfite to achieve the 0.01 mg/L total chlorine limit; and
f. the copper concentration of the private swimming pool or hot tub/spa or wading
pool is at or below 0.05 mg/L; and
g. the Owner of the private swimming pool or hot tub/spa or wading pool directly, or
through a tenant, operator or service contractor, complies with Part 3 - Storm
Sewer Requirements.
11. Unless otherwise permitted, a Person is permitted to discharge wastewater from a
private swimming pool or hot tub/spa or wading pool by way of a controlled discharge to
the Owner's property until it evaporates or infiltrates into the ground.
12. Saltwater private swimming pools may not be discharged to storm water works. A
Person may discharge wastewater from a private saltwater swimming pool by,
a. a permanent connection to the sanitary drain on the Owner's property;
b. by way of a temporary connection to the sanitary drain on the Owner's property;
or
c. by way of a controlled discharge to the Owner's property such that the discharge
is at all times contained within the Owner's property until it evaporates or
infiltrates into the ground provided that it does not migrate onto adjacent lands.
13. Rainwater resting on a tarp which covers a swimming pool or hot tub/spa or wading pool
may be discharged to a storm sewer, subject Part 3 of this By-law;
14. Any water or wastewater, including rainwater resting on a tarp which covers swimming
pool, shall not be discharged to or near a ravine slope or valley as stated in Part 5
Section 10 (c), in a manner that may cause or causes the erosion or instability of the
ravine wall or slope or causes injury or destruction of trees and vegetation.
15. The backwash water from the swimming pool filter shall be discharged to the sanitary
sewer or Owner's property in a manner that does not flow on to the street or a
neighbouring property.
PART 6 - INTERCEPTORS FOR OIL, GREASE AND SEDIMENT
16. Every Owner of a premises from which oils, greases or sediment may directly or
indirectly enter a storm sewer, including but not limited to a premises using ramp or area
drains, and car and vehicle washing establishments, shall take all necessary measures
to ensure that such oils, greases or sediment are prevented from entering the drain or
storm sewer at a concentration that may result in an adverse effect to human health or
the environment.
17. The Owner of the premises as set out in this Subsection shall install, operate, and
properly maintain an oil, grease, or sediment interceptor in any piping system at its
premises that connects directly or indirectly to a storm sewer. The oil, grease and
sediment interceptors shall be installed in compliance with the most current
requirements of the applicable Building Code.
18. All oil, grease and sediment interceptors, and any other type of storm water quality
control device, shall be maintained according to the manufacturer's recommendations.
The Owner shall record all maintenance activities related to the oil, grease and sediment
interceptors and shall produce maintenance records for the preceding 18-month period
upon the request of The By-law Enforcement Officer. The By-law Enforcement Officer
shall have the right to enter upon the premises at any time to inspect the operation and
maintenance of an interceptor or any other type of storm water quality control device.
PART 7 - CONTROL OF WATER FROM CONSTRUCTION DEWATERING ACTIVITY
20. All construction sites within the Township must comply with the Construction
Specifications for Control of Water from Dewatering Operations, Ontario Provincial
Standard Specification (OPSS) 518 November 2016 as amended from time to time.
21. The Township, in its sole discretion, may provide a written approval for a discharge of
water from a dewatering activity to a storm sewer works or land drainage works on such
terms and conditions as it may deem appropriate, including but not limited to terms and
conditions in respect of protecting the sewage works, other infrastructure and the natural
environment, standards for parameters in the discharge, volume of the discharge and
facilitating administration of the approval.
22. The Township, in its sole discretion, may provide a written approval for a discharge of
water from a dewatering activity otherwise prohibited by Part 3 Section 5 (dd) to a storm
sewer works or land drainage works on such terms and conditions as it may deem
appropriate, including but not limited to terms and conditions in respect of protecting the
sewage works, other infrastructure and the natural environment, standards for
parameters in the discharge, volume of the discharge and facilitating administration of
the approval where:
a. the discharge is proceeding in accordance with a valid approval or equivalent
legal instrument, permission or Order which has been issued to the Person by a
federal authority and/or Ontario ministry or regulatory body expressly authorizing
the discharge; and
b. the Person has provided the Township with any information required under Part 7
Sections 23 and 24 of this By-law and copy of the instrument in Part 7 Section
22 (a).
23. Without limiting Part 7 Section 24, to assess a proposed discharge under Part 7
Sections 21 and 22, the Township must be provided with:
a. written request to the Township for the proposed discharge which includes:
1. the volume and quality of water to be discharged;
2. the location of the water source;
3. the address of the property from which it is being discharged; and
4. the details of the proposed discharge in a plan of discharge that is
satisfactory to the Township;
b. a copy of a valid Permit to Take Water under the Ontario Water Resources Act or
equivalent instrument, approval or Order issued or regulation filed under the
Environmental Protection Act and any amendment thereto is provided to the
Township in respect of the taking of the water that would be discharged, where
such Permit to Take Water or equivalent is required; and
c. payment for any application fees for reviewing a request for a discharge under
this section that may be imposed by the Township from time to time.
24. Where the Township has given prior written approval for a discharge in accordance with:
a. Part 7 Section 21, a Person may discharge water from a dewatering activity; or
b. Part 7 Section 22, a Person may discharge water from a dewatering activity to a
storm sewer or land drainage works, only to the extent permitted by and where
the Person is complying with all terms and conditions of the prior written
approval.
25. For the purposes of this Part, the Township may require the Person to provide the
Township with plans, drawings, specifications, reports, studies, data, analytical results,
documentation or other information to the satisfaction of the Township that would enable
the Township to assess whether or not the actual or potential discharge could
contravene Part 7 of this By-law.
PART 8 - SAMPLING AND ANALYTICAL REQUIREMENTS
26. Where samples may be required, in any number and at any time as determined in the
Township's sole discretion, for the purpose of determining the characteristics or contents
of any water, uncontaminated water or stormwater to which reference is made in this
By-law, this Section applies.
27. The Township may by written notice,
a. require an Owner, at the Owner's expense, to monitor, sample and/or analyze,
one or more discharges from the Owner's property;
b. require that Owner to monitor, sample and/or analyze those discharges through
an accredited laboratory in accordance with the procedures and methods set out
in Standard Methods; and
c. to submit the results and/or samples to the Township by the date set out in the
notice.
28. The sampling, tests, measurements, examinations and analysis required by this By-law
shall be in accordance with the procedures as described in Standard Methods, or any
accredited procedure followed by the Township. Laboratory analyses shall be
performed by an accredited laboratory.
29. Compliance or non-compliance with this by-law may be determined by the analysis of a
grab sample or a composite sample.
30. Wherever possible, samples shall be obtained at the point of control closest to the
property boundary.
31. Whenever possible, samples shall be taken from a maintenance access hole. Where
there is no maintenance access hole, the Township may provide, by written notice, the
use of an alternate device or facility for the purpose of obtaining a representative sample
of the discharge into the storm sewer works.
32. The samples may be grab samples or composite samples, may contain additives for the
purpose of preservation and may be collected manually or by using an automatic
sampling device. When sampling, consideration should be given to plant operations, the
contaminants of concern, the sampling method (i.e., grab, composite and type of
composite) and sampling location.
33. For each of the metals whose concentration is limited in Table 1 of the By-law, the
analysis shall be for the quantity of total metal, which includes all metal both dissolved
and particulate.
34. The Township may grant an exception for the discharge of a higher concentration of
manganese than specified in Table 1 where a Qualified Person demonstrates to the
satisfaction of the Township that the concentration is the result of the ambient or
naturally occurring manganese concentration in uncontaminated groundwater.
PART 9 - SPILLS
35. In the event of a spill to the storm sewer works, the Owner or Person causing or
permitting the spill or the Person having charge, management or control of the spill shall,
a. abide by the Ministry of Environment, Conservation and Parks, Environmental
Protection Act R.S.O. 1990 Chapter E.19 Part X, Spills;
b. do everything reasonably possible to contain the spill, protect the health and
safety of citizens, minimize damage to property, and protect the environment;
c. immediately notify the Township's Fire and Emergency Services Department and
provide any information with regard to the spill that is requested and complete
any work the Township may require to mitigate the spill;
d. clean up the spill and any associated residue and restore the affected area to its
condition prior to the spill;
e. at the request of the Township, the Owner shall provide a report, within five days
of the spill, containing the following information:
1. location where spill occurred;
2. name and phone number of Person who reported the spill and where they
can be contacted;
3. date and time of the spill;
4. materials spilled;
5. characteristics of materials spilled;
6. volume of materials spilled;
7. duration of spill event;
8. work completed and/or still in progress in the mitigation of the spill;
9. copies of applicable spill prevention and spill response plans; and
10. preventive actions being taken to ensure the spill does not occur again.
36. Nothing in this By-law relieves any Person from complying with any notification or
reporting provisions required by other government agencies, including federal, provincial
and regional agencies, as required and appropriate for the material and circumstances
of the spill, or any other by-law of the Township.
37. The Owner and any Person responsible for the spill shall be liable for all costs
associated with the response to the clean up and restoration of the spill affected area to
its condition prior to the spill, including any damage to the municipal storm sewer system
as a result of the discharge or spill.
38. Where any Person fails or neglects to carry out or pursue the activities required by this
By-law, the Township may take such measures as it deems appropriate to contain the
spill, protect the health and safety of residents, minimize damage to property, protect the
environment, clean up the spill and any associated residue, and restore the affected
area to its condition prior to the spill.
39. The Township has the right to compensation from the Owner, any Person responsible
for the spill or the Person having charge, management or control of the spill for all
reasonable costs and expenses incurred.
40. The reasonable costs and expenses incurred by the Township with respect to response
to the clean up and restoration of a spill affected area may be recovered from the Owner
of the land in the same manner as municipal taxes.
41. The Township has the right to request all industrial, commercial and institutional
establishments to prepare, implement and maintain a spill prevention and spill response
plan for all possible contaminants on site that may gain access into the land drainage
works or storm sewer works.
PART 10 - POLLUTION PREVENTION PLANS
42. The Township may require, in its sole discretion, a Person to develop a pollution
prevention plan at the Person's sole expense for the discharge of any parameter
designated by the Township where the Person has:
a. failed to comply with the By-law;
b. been responsible for one or more spills to the land drainage works or storm
sewer works.
43. Pollution prevention plans shall comply with any guidelines established by the Township.
44. The pollution prevention plan shall be completed and available for review by the
Township at the site of the discharge within 18 months of notification by the Township.
45. The Township may require the pollution prevention plan to be prepared by a qualified
Person, who has, in the opinion of the Township, in-depth knowledge about the use and
operation of the site in question and is considered to be qualified by the industry in
general for preparing such a pollution prevention plan. The Township may require the
pollution prevention plan be approved and sealed by a Professional Engineer, when
there is any physical/structural works required to be done on the site.
46. The Township may exempt a Person from developing a pollution prevention plan where
the Person has in place an ISO 14001 Program which is currently registered by a
third-party auditor accredited by the Standard Council of Canada or the Registrar
Accreditation Board and agrees to make available records for inspection by the
Township.
PART 11 - MAINTENANCE ACCESS HOLES
47. Any Owner of a commercial, institutional, or industrial premises, or Owner of a
multi-residential complex with one or more connections to a storm sewer works shall be
required to install and maintain in good repair in each connection a suitable maintenance
access hole to allow observation, sampling and flow measurement of storm water
therein. Where the installation or a maintenance access hole is not possible, an
alternative device or facility may be substituted with the written approval of the Director.
48. Any maintenance access hole or alternate device shall be located on the property of the
Owner, as close to the property line as possible, in an area easily accessed by the
Township at all times, not in conflict with other utilities or vegetation, and, without limiting
the foregoing, to the satisfaction of the Township unless the Township has given written
approval for a different location.
49. Each maintenance access hole, alternative device or facility shall be designed,
constructed and maintained by the Owner, at the Owner's expense, in accordance with
good engineering practice and the requirements of the Township.
50. No Person shall structurally modify any monitoring manhole or alternate device or install
devices that interfere with the Township's access or the installation and observation of
the Township's devices used for the purpose of observation, sampling and flow
measurement of the storm water without the Director's prior consent.
PART 12 - ENFORCEMENT
51. The Township shall, from time to time, appoint By-law Enforcement Officers for the
purpose of administering and enforcing this By-law.
52. A By-law Enforcement Officer may enter any property or premises, except land or
premises being used as a dwelling house, at any reasonable time without a warrant,
a. to inspect the discharge of any matter into a land drainage system and may
conduct tests and remove samples for this purpose; and
b. to inspect, observe, measure, test, and sample the discharge into a storm sewer
works, a private sewer connection or any other sewage system the contents of
which ultimately empty into the storm sewer works and may conduct tests and
take samples for this purpose.
53. For the purposes of inspection under Part 12 Section 52, a By-law Enforcement Officer
may,
a. require information from any Person concerning a matter related to the
discharge;
b. require the production of any documents pertaining to a spill or discharge
including but not limited to: Environmental Compliance Approvals (ECA),
Certificates of Approval (COA), Compliance Programs, Hazardous Materials
Manifests, Maintenance and Inspection Logs, Material Safety Data Sheets
(MSDS), Provincial Officer's Orders, Spill Reports, and past Action Requests and
Notices of Contravention issued by the Township. The same may be removed
for the purpose of making copies or extracts.
c. be accompanied by a person who has special or expert knowledge in relation to
the discharge;
d. 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 inspection; and
e. order the Owner of the property to take and supply at the Owner's expense such
tests and samples as are specified in the Order.
54. Without limiting any other section of the By-law, where a By-law Enforcement Officer is
satisfied that any Person has failed to comply with the provisions of this By-law, the By-
law Enforcement Officer may make an Order directing compliance with this By-law on
such terms and conditions as he or she deems advisable under the circumstances,
including without limitation,
a. to conduct a monitoring study of the stormwater quality and/or quantity the nature
of which may be specified by the Township;
b. to carry out modifications and/or constructions of stormwater management
facilities;
c. to adopt and implement pollution prevention techniques and measures;
d. to provide a satisfactory Pollution Prevention Plan; and
e. to do any other requirement to prevent contravention to the By-law.
55. An Order shall set out:
a. the municipal address or the legal description of the property;
b. reasonable particulars of the contravention adequate to identify the
contravention, including the work to be done and the date by which the work
must be done;
c. the time for complying with the terms and conditions of the Order and giving
notice that, if the work is not carried out within that time, the Township may carry
out the work at the Person's expense; and
d. the final date for giving notice of appeal from the Order.
56. Notwithstanding Part 12 Section 55 (c), if upon inspection of a property the By-law
Enforcement Officer is satisfied that there is non-compliance with this By-law to such
extent as to pose an immediate danger to the health or safety of any person, the By-law
Enforcement Officer may make an Order containing particulars of the non-compliance
and requiring remedial repairs or other work to be carried out immediately to terminate
the danger.
57. The Order shall be served on such Persons affected by it as the By-law Enforcement
Officer determines by,
a. personal service of a copy of the Order;
b. sending a copy of the Order by regular letter mail or registered mail addressed to
the Person at the Person's municipal address in which case service shall be
deemed to have been effected on the third day after the copy is sent; or
c. posting a copy of the Order on the door of any building or structure on the lands
where the contravention occurred or, where no building or structure exists, on a
stake erected by the officer on those lands in which case service shall be
deemed to have been effected at the moment of posting on the door or stake.
58. a. A Person who has been served with an Order made under Part 12 Section 54 and
who is not satisfied with the terms or conditions of the Order may appeal to the Municipal
By-law Officer by sending a notice of appeal by registered mail to Municipal Law
Enforcement within 14 days after being served with the Order.
b. An Order that is not appealed within the time referred to in Part 12 Section 58 (a)
shall be deemed to be confirmed.
59. a. The By-law Enforcement Officer and/or any experts may provide evidence for the
Township at any appeal.
b. A Person who has been served with an Order and/or any witness expert or otherwise
may provide evidence on behalf of the Person who has been served with the Order
at the appeal provided the Person who has been served with the Order has
submitted all evidence in support of his or her appeal to the Municipal By-law Officer
at least seven days prior to the appeal.
60. On an appeal, the Municipal By-law Officer has all the powers and functions of the By-
law Enforcement Officer who made the Order may do any of the following things if, in the
Municipal By-law Officer opinion, doing so would maintain the general intent and
purpose of the By-law:
a. confirm, modify or rescind the Order;
b. extend the time for complying with the Order.
61. Where written notification, including an Order, has been issued by the Director to any
Person discharging to a municipal storm sewer works, the Person shall carry out all
activities as required by the Director, and provide the results to the Township in
accordance with written notification from the Director.
62. Any Person who obstructs A By-law Enforcement Officer or who otherwise obstructs the
provisions of this By-law is guilty of an offence under this By-law.
63. Any Person who knowingly provides false information in any report or return required
under this By-law or who withholds information required under this By-law, is guilty of an
Offence under this By-law.
PART 14 - PROTECTION FROM DAMAGE
64. No Person shall uncover, make connection with, break, alter, destroy, damage, deface
or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering
with,
a. any part of a storm sewer works; or
b. any permanent or temporary device installed in the storm sewer works for the
purposes of flow measuring, sampling and testing of uncontaminated water or
Township storm water.
PART 15 - DAMAGE TO THE STORM SEWER WORKS
65. Any Person discharging to storm sewer works shall be responsible for ensuring that
such discharge conforms at all times with the provisions of this By-law and shall be liable
for any damage or expense arising out of the failure to properly check and control such
discharge, including the cost of investigation, repair and replacement of any part of the
storm sewer works damaged thereby.
PART 16 - UNAUTHORIZED ENTRY TO STORM SEWER WORKS
66. Unless specifically authorized by the Director, no Person shall enter any storm sewer
works.
PART 17 - OFFENCES
67. Every Person, other than a corporation, who contravenes any provision of this By-law is
guilty of an offence and upon conviction is liable for every day or part thereof upon which
such offence occurs or continues to occur, to a fine of not less than $1,000.00 and not
more than $10,000.00 for the first offence, and not less than $5,000.00 and not more
than $25,000.00 for any subsequent offence.
68. Every corporation that contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable for every day or part thereof upon which such offence
occurs or continues to occur, to a fine of not more than $50,000.00 for the first offence
and not more than $100,000.00 for any subsequent offence.
69. In this By-law, subsequent offence means a conviction for an offence, which occurs after
the date of conviction for an earlier offence under this By-law.
70. Prosecution under under this By-law shall not preclude any other legal actions required
to recover damages required to repair, replace or restore damaged real or personal
property, as the case may be.
71. A Township or a person acting on its behalf is not liable to compensate any Person by
reason of anything done by or on behalf of the Township in the reasonable exercise of
its powers under this By-law.
72. Any connections to a storm sewer in contravention of this By-law shall be disconnected
by the Owner of the property immediately.
73. In addition to any other remedy or penalty imposed by this By-law where matter is being
discharged into a municipal storm sewer works in violation of this By-law the Director
may:
a. at the cost of the Owner of the said property and premises, sever the connection
of the property and premises from which the matter is being discharged, on 30
days notice; and
b. refuse the reconnection of the said property and premises to the municipal storm
sewer works by the Owner until authorized by the Director and the Township has
been paid the cost of disconnecting the sewer, and other outstanding costs.
74. Where in this By-law any Person is required to do any matter or thing, in default of it
being done by a Person so directed or required to do it, the matter or thing may be done
by the Township, at the cost and expense of the Owner of the property, and such costs
and expenses may be added to the tax roll for the property, and such cost shall
represent a lien against the land.
PART 18 - CONFLICT
75. This By-law shall not be construed to reduce or mitigate any restrictions or regulations
lawfully imposed by the Township.
76. If there is a conflict between a provision of this By-law and a provision of any other
Township by-law, the provision that establishes the higher standard to protect the health
and safety of the public and to maintain clean and tidy condition on land shall apply.
PART 19 - SEVERABILITY
77. If any provision or part of a provision of this By-law is declared by any court or tribunal of
competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in
certain circumstances, the balance of the By-law, or its application in other
circumstances, shall not be affected and shall continue to be in full force and effect.
PART 20 - CONFIDENTIAL INFORMATION
78. All information submitted to and collected by the Township under this By-law will, except
as where otherwise provided in this section, be available for disclosure to the public in
accordance with the Municipal Freedom of Information and Protection of Privacy Act,
2001, S.O. 2001, c. 25 ("MFIPPA").
79. In the event that any Person is submitting information, in any form, to the Township or to
the Director as required under this By-law, where such information is confidential or
proprietary or otherwise may be exempt from disclosure under the MFIPPA, the Person
submitting the information shall so identify that information upon its submission to the
Township and shall provide sufficient details as to the reason for its purported exemption
from disclosure.
PART 22 - EFFECTIVE DATE
80. All of the provisions of this By-law shall come into effect on the date that it is passed by
Council.
Table 1 - Limits for Storm Sewer Discharge
Parameter
Limit (mg/L)*
Parameter
Limit (mg/L)
BOD
15
Tetrachloroethylene
0.0044
Cyanide (total)
0.02
Toluene
0.002
Total Kjeldahl Nitrogen
1
Trichloroethylene
0.008
Phenolics
0.008
Xylenes (total)
0.0044
Phosphorus (total)
0.4
Di-n-butyl phthalate
0.015
Suspended Solids (total)
15
Bis (2-ethylhexyl) phthalate 0.0088
Arsenic (total)
0.02
PCBs
0.0004
Cadmium (total)
0.008
Nonylphenols
0.001
Chromium (total)
0.08
Nonyphenol ethoxylates
0.010
Copper (total)
0.05
Aldrin/dieldrin
0.00008
Lead (total)
0.12
Chlordane
0.00006
Manganese (total)
0.15
DDT
0.00004
Mercury (total)
0.0004
Hexachlorobenzene
0.00004
Nickel (total)
0.08
Mirex
0.040
Selenium (total)
0.02
3,3'-Dichlorobenzidine
0.0008
Silver (total)
0.12
Hexachlorocyclohexane
0.040
Zinc (total)
0.04
Pentachlorophenol
0.002
Escherichia coli (E. coli)
200 CFU/100 mL
Polycyclic Aromatic
Hydrocarbons (total)
0.002
Benzene
0.002
Chloroform
0.002
1,2-Dichlorobenzene
0.0056
1,4-Dichlorobenzene
0.0068
cis-1,2-Dichloroethylene
0.0056
trans-1,3-Dichloropropylene
0.0056
Ethylbenzene
0.002
Methylene chloride
0.0052
1,1,2,2-Tetrachloroethane
0.017
Notes: * = unless otherwise noted. CFU = colony forming units
Passed This 8 Day of December, A.D., 2025.
Mayor
Clerk/Deputy CAO
Michael Jubb
Fernando Lamanna
By signing this by-law on December 8, 2025, Mayor Michael Jubb will not exercise the power to
veto this by-law.