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Page 1
THE CORPORATION OF THE MUNICIPALITY OF BROCKTON
BY-LAW # 2001-56
_________________________________________________________________
BEING a bylaw to control discharges to the municipal sewage works pursuant to the
Municipal Act, S.O. cM.45 as amended and this by-law shall be referred to as the "Sewer
Use By-Law".
NOW THEREFORE The Council Of The Corporation Of The Municipality of Brockton
(Walkerton) ENACTS AS FOLLOWS:
Part 1 - Definitions
1.
In this bylaw:
(a)
"acute hazardous waste chemicals" means acute hazardous waste chemicals 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);
(b)
"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 impair the operation of the system;
(c)
"combined sewer" means a sewer intended to function simultaneously as a storm
sewer and a sanitary sewer;
(d)
"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;
(e)
"cooling water" means water that is used in a process for the purpose of removing
heat and that 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;
(f)
"discharger" means an individual, association, partnership, corporation, or
municipality in occupation or having the charge, management, or control of a plant,
sewage, storm water or uncontaminated water to which this by-law applies and
includes an agent or employee of such a person;
(g)
"fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any ignitable
substance intended for use as a fuel;
(h)
"grab sample" means a portion of the discharge from or deposit to the sewage works
taken at a maintenance access point or another location established pursuant to
subsection 8.(3) of this bylaw;
**
"maintenance access point" means a location at a point of connection between
a discharger's discharge or deposit and a sewage works that meets the
requirements of part 8 of this bylaw.
(i)
"hauled sewage" means waste, other than industrial waste, removed from a sewage
works or 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;
(j)
"hauled waste" means any industrial waste other than hauled sewage which is
transported to and deposited into any location in the sewage works excluding
hauled sewage;
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By-Law #2001-56 Sewer Use By-Law
(k)
"hazardous industrial waste" means hazardous industrial waste 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);
(l)
"hazardous waste chemicals" means hazardous waste chemicals 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);
(m)
"ignitable substance" means
(i)
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-56-97a), the Setaflash
Closed Cup Tester (ASTM D-3828-97 or ASTM D-3278-96e1), the Pensky-
Martens Closed Cup Tester (ASTM D-93-97), or as determined by an
equivalent test method,
(ii)
a solid and is capable, under standard temperature and pressure, of causing
fire through friction, absorption of moisture or spontaneous chemical changes
and, when ignited, burns so vigorously and persistently that it creates a danger,
(iii)
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, or
(iv)
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;
(n)
"industrial" means of or pertaining to industry, manufacturing, commerce, trade,
business, or institutions as distinguished from domestic or residential;
(o)
"pathological waste" means pathological waste 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);
(p)
"PCBs" means any monochlorinated or poly-chlorinated biphenyl or any mixture of
these or mixture that contains one or more of them;
(q)
"pesticide" means a pesticide as defined and regulated under the Pesticides Act ,
R.S.O. 1990, c.P. (PA);
(r)
"reactive substance" 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 subjected 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
(viii) is an explosive (Class 1) as defined in the regulations under the
Transportation of Dangerous Goods Act, 1992, S.C. 1992, as amended;
(s)
"sanitary sewer" means a sewer for the collection and transmission of domestic,
residential, industrial sewage, uncontaminated water;
By-Law #2001-56 Sewer Use By-Law
Page 3
(t)
"severely toxic waste" means any contaminant listed in Schedule 3 of O.Reg.347, as
amended from time to time, made under the Environmental Protection Act , R.S.O.
1990 c.E. 19 (EPA);
(u)
"sewage" means any liquid, solid or gas containing organic, inorganic, animal,
vegetable or mineral matter in solution or in suspension and includes things that
float but does not include storm water or uncontaminated water;
(v)
"sewage works" means any works for the collection, transmission, treatment or
disposal of sewage, storm water and uncontaminated 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 applies;
(x)
"site" means any industrial location capable of discharging to a sewage works
covered by this bylaw;
(y)
"spill" means a direct or indirect discharge or deposit to the sewage works or the
natural environment which is abnormal in quantity or quality in light of all the
circumstances of the discharge or deposit;
(z)
"Standard Methods" means a procedure 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, latest edition;
(aa)
"storm sewer" means a sewer for the collection and transmission of uncontaminated
water, storm water, drainage from land or from a watercourse or any combination
thereof and includes surface runoff;
(bb)
"storm water" means water from rainfall or other natural precipitation or from the
melting of snow or ice;
(cc)
"uncontaminated water" means potable water supplied by the municipality that has
not had any matter added to it after it has been supplied and any water to which no
matter has been added intentionally or unintentionally;
(dd)
"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.
(ee)
"waste disposal site leachate" means the liquid containing dissolved or suspended
contaminants which emanates from waste and is produced by water percolating
through the waste or by liquid in the waste;
Part 2 - Sanitary and Combined Sewer Requirements
2. (1) No discharger shall cause or permit the deposit or discharge of sewage into a
sanitary or combined sewer in circumstances where,
(a)
to do so may cause or result in,
(i) a health or safety hazard to a sewage works person authorized to inspect,
operate, maintain, repair or otherwise work on a sewage works;
(ii)
an offence under of 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;
By-Law #2001-56 Sewer Use By-Law
Page 4
(iii) biosolids from the sewage works to which either sewage discharges,
directly or indirectly, to fail to meet the objectives and criteria as set out
in the Ministry of the Environment publication entitled "Guidelines for
the Utilization of Biosolids and Other Wastes on Agricultural Land"
dated March 1996, as amended from time to time;
(iv)
interference with the operation or maintenance of a sewage works;
(v) an offensive odour to emanate from the sanitary sewer or combined sewer;
(vi)
damage to the sewage works; or
(vii) an obstruction or restriction to the flow in the sanitary sewer
or combined sewer.
(b) the sewage has one or more of the following characteristics:
(i)
a pH less than 6.0 or greater than 10.5;
(ii)
two or more separate layers; or
(iii)
a temperature greater than 60 degrees Celsius.
(c)
the sewage contains:
(i)
acute hazardous waste chemicals;
(ii)
combustible liquid;
(iii)
fuel;
(iv)
hauled sewage, except where:
(a) the carrier of the hauled sewage is a waste management system
operating under a certificate of approval, provisional certificate of
approval or order issued under the Environmental Protection Act
or a regulation under the Environmental Protection Act, including
a regulation to exempt the system from the requirement of a
certificate or provisional certificate of approval;
(b) a copy of the most recent certificate or provisional certificate and
any amendment is provided to the municipality; and
(c)
the carrier meets all conditions for discharge that are or may be
required from time to time by the municipality in a Notice of
Exception;
(v)
hauled waste, except where:
(a) the carrier of the hauled waste is a waste management system
operating under a certificate of approval, provisional certificate of
approval or order issued under the Environmental Protection Act
or pursuant to a regulation made under the Environmental
Protection Act, including a regulation exempting the system from
the requirement to have a certificate or provisional certificate of
approval;
(b) a copy of the most recent certificate, provisional certificate or
order and any amendment is provided to the municipality;
(c)
hauled waste meets the conditions set out in clauses 23(3)(c) and
25(5)(b) of O.Reg 347, R.S.O. 1990, as amended from time to time; and
(d) the carrier meets all conditions for discharge that are or may be
required from time to time by the municipality in a Notice of
Exception;
(vi)
hazardous industrial waste;
(vii)
hazardous waste chemicals;
(viii) ignitable substance;
(ix)
pathological waste;
(x)
PCBs, except where:
(a)
the discharger has a certificate of approval for a mobile site or
PCB mobile waste disposal system issued under the EPA or
where the discharger is claiming an exemption under a
regulation, the discharger has demonstrated to the municipality
that the conditions of the exemption are met;
By-Law #2001-56 Sewer Use By-Law
Page 5
(b)
a copy of the most recent certificate or provisional certificate and
any amendment is provided to the municipality;
(c)
the discharger has written notice from the municipality for the
discharge of the PCBs to the sewage works; and
(d)
the discharge or deposit does not exceed a concentration of 0.005
mg/L of PCBs;
(xi)
pesticide;
(xii)
reactive substance;
(xiii)
severely toxic waste;
(xiv)
waste radioactive prescribed substances, except where:
(a) the
waste
radioactive
prescribed
substances
are
being
discharged under a valid and current licence issued by the
Atomic Energy Control Board or its successor; and
(b) a copy of the licence has been provided to the municipality; or
(xv)
waste disposal site leachate, except where:
(a) the discharger has written approval from the municipality
which authorizes the discharge or deposit of the waste disposal
site leachate to the sewage works; and
(b) a certificate of approval, provisional certificate of approval or
order has been issued which includes a provision for the disposal
of waste disposal site leachate to a sewage works, a copy of the
certificate of approval, provisional certificate of approval or
order is provided to the municipality, or where the discharger is
claiming an exemption pursuant to a regulation, the discharger
has demonstrated to the municipality that the conditions of the
exemption are being met; or
(xvi) a concentration, expressed in milligrams per litre, which exceeds any
one or more of the limits in Table 1 of this by-law entitled "Limits for
Sanitary and Combined Sewers".
(2)
The discharge of storm water to a sanitary sewer is prohibited except where
the municipality has provided a written Notice of Exception to the discharger
and so long as the person to whom the Notice is directed is complying with
any terms and conditions in the Notice of Exception.
(3)
A municipality may provide an exception to the prohibition in 2.(2) in
emergency situations by issuing a written Notice of Exception to the person
discharging storm water into a sanitary sewer.
(4)
No industrial discharger shall cause or permit the discharge or deposit of
cooling water or uncontaminated water into a combined sewer or sanitary
sewer except where:
(a)
the industrial discharger provides written notice to the municipality by
December 15, 2001, identifying discharges which have been permitted
by the municipality or its predecessor prior to the enactment of this by-
law and the municipality provides a written Notice of Acceptance, or
(b)
the industrial discharger has entered into an agreement with the
municipality regarding the discharge prior to any discharge and the
discharger is complying with the Notice of Acceptance
(5)
No discharger shall discharge or deposit water to a combined sewer or
sanitary sewer where the water originates from a source separate from the
potable water supplied by the municipality except where the discharger:
(a)
provides written notice to the municipality setting out the amount of
water, location of the water source, and address of the discharger
where the water is being used and from which it is being discharged;
(b)
provides the municipality with a copy of a valid Permit to Take Water
in respect of the taking of the water that is being discharged or
By-Law #2001-56 Sewer Use By-Law
Page 6
deposited, where such a Permit to Take Water is required by the
Ontario Water Resources Act, R.S.O. 1990, c.O.14, as amended; and
(c)
has entered into a Discharge Agreement with the municipality
regarding the discharge, prior to any discharge, and the discharger is
complying with the terms of that agreement.
(6)
Notwithstanding subsection 2.(5), where a discharger has been discharging or
depositing water to a combined sewer or sanitary sewer prior to the
enactment of this bylaw and the discharger provided to the municipality or
its predecessor written notice of the discharge, the discharger is permitted to
continue to discharge or deposit water provided that, by December 15, 2001,
the discharger:
(a)
provides the municipality written notice specifying the amount of
water being discharged or deposited, the location of the water source,
the address of the premises from which the water is being used and
from which it is being discharged;
(b)
provides the municipality with a copy of a valid Permit to Take Water
in respect of the taking of the water that is being discharged or
deposited, where such a Permit to Take Water is required by the
Ontario Water Resources Act, R.S.O. 1990, c.O.14, as amended; and
(c)
the discharger has entered into a Discharge Agreement with the
municipality regarding the discharge, prior to any discharge, and the
discharger is complying with the terms of that agreement.
By-Law #2001-56 Sewer Use By-Law
Page 7
Table 1 - Limits for Sanitary and Combined Sewers
ATG*
Parameter
Limit
(mg/L)
1a
Biochemical Oxygen Demand (5 day)
300
2
Cyanide, Total
2
4a
Kjeldahl Nitrogen, Total
100
6
Phosphorus, Total
10
8
Suspended Solids, Total
350
9
Cadmium, Total
0.7
Chromium, Total
5
Cobalt, Total
5
Copper, Total
3
Lead, Total
2
Molybdenum, Total
5
Nickel, Total
3
Silver, Total
5
Zinc, Total
3
10
Antimony, Total
5
Arsenic, Total
1
Selenium, Total
5
12
Mercury, Total
0.05
14
Phenolics (4AAP)
1.0
16
Chloroform
0.04
1,4 - Dichlorobenzene
0.47
Methylene chloride
0.21
1,1,2,2 - Tetrachloroethane
0.04
Tetrachloroethylene
0.05
Trichloroethylene
0.07
17
Benzene
0.01
Ethylbenzene
0.16
Toluene
0.27
o-Xylene
0.52
25
Solvent Extractables - mineral or synthetic in
origin
15
Solvent Extractables - animal or vegetable in
origin
150
30
Fluoride
10
* ATG -
Analytical Test Group as presented in the Guidance Manual "Sampling and
Analysis of Wastewater for the 1999 Model Sewer By-law, April 1999 ISBN
Part 3 - Prohibition of Dilution
3. (1)
The addition of water or any other material from any source which is added
to sewage for the purposes of dilution to achieve compliance with Part 2 is
prohibited.
By-Law #2001-56 Sewer Use By-Law
Page 8
Part 4 - Storm Sewer Requirements
4.
(1)
No discharger shall cause or permit the deposit or discharge of cooling water,
storm water or uncontaminated water to a storm sewer unless the deposit or
discharge does not:
(a)
interfere with the proper operation of a storm sewer;
(b)
obstruct or restrict a storm sewer or the flow therein;
(c)
damage the storm sewer;
(d)
result in any hazard or other adverse impact, to any person, animal,
property, or vegetation;
(e)
impair or is not likely to impair the quality of the water in any well, lake,
river, pond, spring, stream, reservoir or other water or watercourse;
(f)
contravene or result in the contravention of a certificate or provisional
certificate of approval or order issued under the Ontario Water
Resources Act or the Environmental Protection Act;
(g)
have one or more of the following characteristics:
(i)
two or more separate layers; or,
(ii)
a pH less than 6.0 or greater than 9.5;
(h)
contain one or more of the following:
(iii)
acute hazardous waste chemicals
(ii)
combustible liquids;
(iii)
floating debris;
(iv)
fuel;
(v)
hauled sewage;
(vi)
hauled waste;
(vii)
hazardous industrial waste
(viii) hazardous waste chemicals
(ix)
ignitable waste;
(x)
pathological waste;
(xi)
PCBs;
(xii) pesticides;
(xiii) reactive waste;
(xiv) severely toxic waste;
(xv)
sewage;
(xvi) waste radioactive prescribed substances;
(xvii) waste disposal site leachate;
(xviii) a substance from raw materials, intermediate or final materials,
used or produced in, through or from an industrial process; or
(xix) a substance used in the operation or maintenance of an
industrial site;
(2)
A discharger may be required, by written notice from the municipality, to
complete one or more of the following activities addressing storm water from
the discharger's site:
(a)
a study on stormwater quality and/or quantity;
(b)
modification and/or construction of stormwater facilities;
(c)
development and implementation of a best management practice plan;
(d)
adoption and implementation of pollution prevention techniques and
measures; or
(e)
any other activity set out in the notice.
Part 5 - Reporting of Site Information by Industrial Dischargers
5. (1)
Prior to any discharge of sewage, storm water, cooling water or
uncontaminated water to a sewage works, an industrial discharger shall
complete and submit to the municipality a "Short version of the Discharger
Information Report" in the form set out in this by-law as Form 1.
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By-Law #2001-56 Sewer Use By-Law
(2)
A municipality may provide to a discharger a written Notice of Report
requiring the discharger to complete and submit a "Complete Discharger
Information Report"in the form set out in this by-law as Form 2, where in the
opinion of the municipality, the discharger may have a significant impact on
the sewage works.
(3)
Notwithstanding subsection 5.(1), where an industrial discharger has been
discharging sewage, storm water, cooling water or uncontaminated water to a
sewage works prior to the enactment of this by-law and the discharger
provided to the municipality or its predecessor written information on their
sites, the discharger is permitted to continue to discharge or deposit provided
that, by December 15, 2001, the discharger provides to the municipality the
report referred to in subsection 5.(1) unless the municipality has provided the
discharger with a written notice waiving the requirement to submit the report.
(4)
An industrial discharger who has been given a written notice by the
municipality waiving the requirements of 5.(1) shall provide the municipality
with whatever information the municipality has required in the written
notice and within the time period set out in the notice.
(5)
An industrial discharger who is discharging or depositing sewage, storm
water, cooling water or uncontaminated water to a sewage works shall
provide written notice of any change in the information in the reports
required under subsections 5.(1), 5.(2) or 5.(4) and such notice shall include
details of the nature of the change and any analysis of the discharge and its
potential effect on the municipal sewage works into which it is being
discharged or deposited.
Part 6 - Extra Strength Surcharge Agreement
6.
(1)
Where sewage is discharged to a sanitary sewer or combined sewer, the
municipality may enter into an Extra Strength Surcharge Agreement with a
discharger to permit exceedances of the limits set out in 2.(1)(c)(xvi) for any
one or more of the following parameters, provided that the limits in the
Agreement for these parameters are not set at a standard lower than any set
in a certificate of approval, provisional certificate of approval, program
approval, or order or any regulation made under the EPA or OWRA or are
otherwise prohibited by a regulation under the EPA or OWRA or a certificate
or provisional certificate of approval, a program approval or an order:
(a)
Biochemical Oxygen Demand (5 Day);
(b)
Phenolics (4AAP);
(c)
Solvent Extractables - animal or vegetable in origin;
(d)
Phosphorus, Total; or
(e)
Suspended Solids, Total.
(f)
Kjeldahl Nitrogen, Total
(2)
An Extra Strength Surcharge Agreement may contain terms and conditions,
including terms and conditions related to the calculation and payment for the
discharge;
(3)
During the term of an Extra Strength Surcharge Agreement, the discharger
is exempt from meeting the limits set out in 2.(1)(c)(xvi) for the parameter(s)
included in the Agreement, provided that all of the terms and conditions in
the Agreement are met.
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By-Law #2001-56 Sewer Use By-Law
(4)
Notwithstanding subsection 5.(5), where a discharger has entered into an
Extra Strength Surcharge Agreement, any change in the information
required in Part 5 must be submitted to the municipality prior to the change
to allow sufficient assessment of the impact of the change on the Agreement.
(5)
The municipality may terminate an Extra Strength Surcharge Agreement at
any time and for any reason, including a failure to meet the conditions in the
Agreement, and the termination will be effective within thirty (30) days of a
written notice of termination.
Part 7 - Compliance Plan
7.
(1)
A discharger may submit to a municipality a proposal for a Compliance Plan
to prevent, reduce or control the discharge of sewage that is not in compliance
with this by-law.
(2)
The municipality may enter into a Compliance Plan Agreement with the
discharger to allow the discharger to carry out the compliance plan submitted
under 7.(1) or the plan as modified by the municipality.
(3)
The Compliance Plan Agreement shall, at a minimum, include terms:
(a)
detailing the non-compliance situation and, where the non-compliance
is in respect of the parameters and limits in 2.(1)(c)(xvi), setting
alternative interim limits for the parameters;
(b)
setting a fixed term ;
(c)
detailing the compliance plan;
(d)
requiring reporting to the municipality on progress towards compliance;
(e)
allowing the municipality to terminate the Agreement immediately,
without notice to the discharger, where the municipality is of the opinion
that there is an immediate threat or danger to any person, animal,
property, vegetation, or any other adverse impact to the sewage works, and;
(f)
providing for how notice in clause 7.(3)(e) will be given to a discharger.
(4)
Where a discharger has entered into a Compliance Plan Agreement and that
agreement is terminated, the discharger shall immediately comply with all
provisions of this by-law.
(5)
Notwithstanding 7.(1), if a discharger who is a party to a Compliance Plan
Agreement that has not been terminated complies fully with the agreement,
the discharger shall not be prosecuted or convicted in respect of discharges
dealt with in the agreement that occur while the agreement is in effect.
Part 8 - Sampling and Analytical Requirements
8.
(1)
Every industrial discharger shall ensure that there is a maintenance access
point for each connection from the discharger's site to the sewage works,
which maintenance access points shall be installed and maintained at the
expense of a discharger for the purpose of sampling discharges or deposits.
(2)
Every discharger shall ensure that the maintenance access points required by
subsection 8.(1) are:
(a)
located on the property of the discharger, unless the municipality
provides written notice allowing the discharger to establish and
maintain a maintenance access point at an alternative location;
(b)
accessible at all times by the municipality;
(c)
constructed in a manner which is acceptable to the municipality; and
Page 11
By-Law #2001-56 Sewer Use By-Law
(d)
maintained to ensure access and structural integrity.
(3)
Notwithstanding subsection 8.(1), where there is no maintenance access point
or the maintenance access point is not an acceptable sampling location in the
opinion of the municipality, the municipality may allow in a written notice to
the discharger for an alternative sampling location for discharges or deposits
to the sewage works.
(4)
The municipality may establish non-compliance with this by-law on the basis
of a grab sample taken and analysed in accordance with the procedures and
methods set out in Standard Methods, US Environmental Protection Act.
(5)
The municipality, by written notice, may require an industrial discharger to
sample and analyse one or more discharges or deposits from a site and
submit the results and/or the samples to the municipality;
(6)
Where an industrial discharger receives written notice under subsection
8.(5), the discharger shall sample, analyse and submit in accordance with
that notice.
Part 9 - Spills
9.
(1)
In the event of a spill to a sewage works, the discharger shall immediately
notify the municipality, provide any information with respect to the spill
which the municipality advises it requires and complete any work the
municipality may require to mitigate the spill.
(2)
The discharger shall provide a report on the spill to the municipality, within
seven (7) days after the spill, containing the following information:
(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 the material(s) spilled;
(f)
volume of the material(s) 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.
Part 10 - Offences
10. (1)
Any discharger who contravenes any provision of this By-law and is found
guilty of an offence and upon conviction is liable to a fine of $ 10,000 and a
fine of $25,000 for any subsequent offence.
(2)
In this By-law, subsequent conviction means a conviction for an offence which
occurs after the date of conviction for an earlier offence under this By-law.
Part 11 - Notice of Exception
11.
(1)
A Notice of Exception may include terms and conditions, including conditions
related to the period of time during which the exception will operate and the
means by which the municipality will give notice of the termination of the
exception.
Page 12
By-Law #2001-56 Sewer Use By-Law
Part 12 - Provision of Notice
12.
(1)
Where written notice under this bylaw is required to be given by a
discharger, notice shall be sufficiently given when it is:
(a)
delivered personally to the Works Superintendent of the Municipality
with a copy to the CAO/Clerk; or
(b)
if sent by prepaid registered mail and addressed to the Works
Superintendent of the Municipality with a copy to the CAO/Clerk,
when the Works Superintendent receives the written notice.
(2)
Where written notice under this bylaw is required to be given by the
municipality to the discharger, notice shall be sufficiently given if it is:
(a)
delivered personally to the latest address for the discharger in the
municipality's records and given to a person acting for or on behalf of
the discharger, whose name appears in the records of the municipality;
or
(b)
sent by prepaid registered mail addressed to a person acting for or on
behalf of the discharger, whose name appears in the records of the
municipality to the latest address for the discharger in the
municipality's records.
READ A FIRST AND SECOND TIME this 27th DAY of August, 2001.
MAYOR - David Thomson
CAO/CLERK - Richard Radford
READ A THIRD TIME, PASSED, SIGNED AND SEALED this 27th DAY of August, 2001.
MAYOR - David Thomson
CAO/CLERK - Richard Radford