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City of Brockville
Ontario, Canada
A By-law of the
Corporation of the City of Brockville
to Regulate the Use of Sewers
By-law No. 046-2014
Enacted by Council
i
A By-Law to Regulate the Use of Sewers
Within the City of Brockville
Table of Contents
1.
Definitions ............................................................................................................. 1
2.
Sanitary And Combined Sewer Requirements ..................................................... 8
3.
Storm Sewer Requirements.................................................................................. 9
4.
Prohibition Of Dilution ......................................................................................... 11
5.
Sampling And Analytical Requirements .............................................................. 11
6.
Discharger Self-Monitoring ................................................................................. 12
7.
Waste Survey Reports ........................................................................................ 12
8.
Over Strength Surcharge Agreements ............................................................... 12
9.
Grease/Sediment Interceptors ............................................................................ 14
10.
Pretreatment Facilities ........................................................................................ 15
11.
Hauled Wastewater ............................................................................................ 16
12.
Hauled Waste ..................................................................................................... 16
13.
Non-Contact Cooling Water ................................................................................ 17
14.
Water Originating From A Source Other Than The Municipal Water Supply ...... 17
15.
Spills 17
16.
Authority Of The Municipality To Investigate ...................................................... 18
17.
Disconnection Of Sewer ..................................................................................... 20
18.
Protection From Damage ................................................................................... 20
19.
Monitoring Access Points ................................................................................... 21
20.
Compliance Programs ........................................................................................ 21
21.
Access To Information ........................................................................................ 22
22.
Penalties ............................................................................................................. 23
23.
Offences ............................................................................................................. 23
24.
Interpretation ...................................................................................................... 24
25.
Repeal ................................................................................................................ 24
Schedule "A" - Prohibited Wastes ................................................................................. 25
Schedule "B" Restricted Waste ..................................................................................... 28
Sanitary And Combined Sewers Discharge .................................................................. 28
Schedule "C" Restricted Waste - Storm Sewer Discharge ........................................... 30
Schedule "D" Best Management Practices Plan ........................................................... 31
Schedule "E" Part 1 Provincical Offences Act ............................................................... 32
THE CORPORATION OF THE CITY OF BROCKVILLE
By-Law Number 046-2014
Being a By-law to regulate the use of sewers within the City of Brockville
WHEREAS the Municipal Act, s.o. 2001, c. 25, Section 9, provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under the Act; and
WHEREAS the Municipal Act, s.o. 2001, c. 25, Section 9, PROVIDES THAT Sections 8
and 11 shall be interpreted broadly so as to confer broad authority on municipalities to (a)
enable municipalities to govern their affairs as they consider appropriate and, (b) enhance
their ability to respond to municipal issues; and
WHEREAS Section 10, of the Municipal Act, s.o. 2001, c. 25 permits a single tier
municipality to pass By-law respecting: public assets of the municipality, the economic
social and environmental well-being of the municipality and the health and safety, and
well-being of persons; and
WHEREAS pursuant to the Municipal Act, s.o. 2001, c. 25, Section 87, the City of
Brockville may enter on land, at reasonable times, to inspect the discharge of any matter
into the sewage system and may conduct tests and take samples; and
WHEREAS the Council is authorized by Section 78 to 93 of the Municipal Act, s.o. 2001,
c. 25, to pass By-laws for services that the municipality considers necessary or desirable
for the public which includes utility services;
WHEREAS the Council of the Corporation of the City of Brockville deem it desirable to
enact a bylaw to:
a) maintain and protect the integrity of City infrastructure;
b) control the quality of wastewater entering wastewater works and the
resulting treated effluent; and
c) prevent adverse effects to persons, property and the natural environment
from discharges to City infrastructure,
NOW THEREFORE, the Council of the City of Brockville hereby enacts as follows:
1.
DEFINITIONS
As used in this bylaw, the following terms shall have the meanings indicated:
1.1
ACCREDITED LABORATORY -- 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"
established by the Standards Council of Canada, as amended, or "ISO/IEC/EN
17025: General Requirements for Competence of Calibration and Testing
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Laboratories" established by the International Organization for Standardization, as
amended.
1.2
BIOCHEMICAL OXYGEN DEMAND (BOD) -- The five-day 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) as determined by the appropriate procedure in Standard Methods.
1.3
BIOMEDICAL WASTE -- Biomedical waste as defined in the Ontario Ministry of
Energy and the Environment Guideline C-4 entitled "The Management of
Biomedical Waste in Ontario" dated April 1994, as amended from time to time.
1.4
BLOWDOWN WATER -- 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.
1.5
CHEMICAL OXYGEN DEMAND (COD) - A measure of the capacity of the water
to consume oxygen as a result of oxidation of inorganic chemicals and
decomposition of organic matter.
1.6
CLEAR-WATER WASTE - Includes non-contact cooling water and other water
that has not come into contact with wastewater contaminant sources.
1.7
COMBINED SEWER -- A sewer intended to function simultaneously as a storm
sewer and a sanitary sewer.
1.8
COMBUSTIBLE LIQUID -- A liquid that has a flash point not less than 37.8
degrees Celsius and not greater than 93.3 degrees Celsius.
1.9
COMPLIANCE PROGRAM - The necessary steps undertaken by a discharger to
bring wastewater discharged into the municipal sewer into compliance with terms
and conditions of this bylaw or related permit. Compliance programs are applicable
to existing dischargers only; new dischargers must fully comply with the
requirements of this bylaw.
1.10 COMPOSITE SAMPLE -- A volume of wastewater, storm water, uncontaminated
water, clear-water or effluent made up of three or more grab samples that have
been combined automatically or manually and taken at intervals during the
sampling periods.
1.11 CONNECTION or DRAIN -- That part or those parts of any pipe or system of pipes
leading directly to a wastewater works.
1.12 COOLING WATER -- Water that is used in a process for the purpose of removing
heat and that has not, by design, come into contact with any raw material,
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intermediate product, waste product or finished product, but does not include
blowdown water.
1.13 DISCHARGER - means a person, or an agent or employee thereof, in occupation
or having the charge, management or control of a site sewage, storm water,
uncontaminated water or any other matter to which this By-law applies;
1.14 DOMESTIC WASTEWATER - Waste produced on residential premises, or
sanitary waste and wastewater from showers and restroom washbasins produced
on non-residential property.
1.15 FLOW MONITORING POINT - An access place to the sewer service for the
purpose of;
a. measuring the rate or volume of wastewater, storm water, clear water waste or
subsurface water released from the premises; and
b. collecting representative samples of wastewater, storm water, clear water
waste or subsurface water released from the premises.
1.16 FUELS -- Alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable
substance intended for use as a fuel.
1.17 GRAB SAMPLE -- A volume of wastewater, storm water, uncontaminated water
or effluent which is collected over a period not exceeding 15 minutes.
1.18 GROUND WATER -- Water beneath the earth's surface accumulating as a result
of seepage.
1.19 HAULED WASTE -- Any industrial waste which is transported to and deposited
into any location in the wastewater works, excluding hauled wastewater.
1.20 HAULED WASTEWATER -- Waste removed from a wastewater system, including
a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a
portable toilet or a wastewater holding tank.
1.21 HAZARDOUS INDUSTRIAL WASTE -- Means a material which is a hazardous
waste under the Environmental Protection Act, R.S.O. 1990, c. E. 19 (EPA),
Ontario Regulation 347, as amended.
1.22 HAZARDOUS WASTE CHEMICALS - Means a material which is a hazardous
waste chemical under the Environmental Protection Act, R.S.O. 1990, c. E. 19
(EPA), Ontario Regulation 347, as amended.
1.23 IGNITABLE WASTE -- A substance that:
a. is a liquid, other than an aqueous solution containing less than 24 percent
alcohol by volume and has a flash point less than 93 degrees Celsius, as
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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;
b. is 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;
c. 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; or
d. 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.
1.24 INDUSTRIAL -- Of or pertaining to manufacturing, commerce, trade, business or
institutions as distinguished from domestic or residential.
1.25 INDUSTRY -- Any owner or operator of industrial, commercial or institutional
premises from which there is a discharge of any matter directly or indirectly into a
sanitary sewer, combined sewer or storm sewer of the Municipality.
1.26 INSTITUTIONAL - A facility, usually owned by a government, operated for public
purposes, such as schools, universities, medical facilities (hospitals, nursing
stations, nursing homes), museums, prisons, government offices, military bases.
Some of these facilities produce non-residential discharges to sewers from, for
example, laboratories, chemical use, and industrial processes.
1.27 LOWER EXPLOSIVE LIMIT (LEL) - means the minimum concentration of the
compound as a gas or vapour, measured as a percentage in air, which will explode
or burn.
1.28 MATTER -- Includes any solid, liquid or gas.
1.29 MONITORING ACCESS POINT -- An access point, such as a chamber, in a
private sewer connection to allow for observation, sampling and flow measurement
of the wastewater, uncontaminated water or storm water therein.
1.30 MUNICIPALITY - Means the Municipality of "The City of Brockville".
1.31 MUNICIPAL SEWER CONNECTION -- That part of any drain leading from the
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.
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1.32 MULTIPLE MUNICIPAL SEWER CONNECTION - A municipal sewer connection
providing service to two or more premises.
1.33 NON-CONTACT COOLING WATER -- Water which is used to reduce
temperature for the purpose of cooling and which does not come into direct contact
with any raw material, intermediate or finished product other than heat.
1.34 NON-DOMESTIC
WASTEWATER
--
All
Wastewater except
Domestic
Wastewater, Storm Water, Uncontaminated Water, and Septic Tank Waste.
1.35 OIL AND GREASE - n-Hexane extractable matter as described in Standard
Methods.
1.36 ONCE-THROUGH COOLING WATER - Non-contact cooling water that has been
circulated once through the cooling device.
1.37 OVER STRENGTH -- Refers to wastewater released to the sewer that is higher
in concentration for one or more constituent concentrations set out in Schedule B
or containing constituents identified in Schedule B.
1.38 OWNER - shall mean any person, including a corporation, who is the registered
Owner of the property under consideration including a trustee in whom land is
vested, a committee of the estate of a mentally incompetent person, an executor,
an administrator or a guardian. The obligations of the Owner under this by-law may
not be transferred to a party which is not an Owner.
1.39 PATHOLOGICAL WASTE -- Pathological waste under the Environmental
Protection Act, R.S.O. 1990, c. E. 19 (EPA), Ontario Regulation 347, as amended.
1.40 PCBs -- Any monochlorinated or polychlorinated biphenyl or any mixture of them
or mixture that contains one or more of them.
1.41 PERSON -- An individual, association, partnership, corporation, municipality or an
agent or employee of such a person.
1.42 PESTICIDE -- A pesticide as defined and regulated under the Pesticides Act,
R.S.O. 1990, c.P. (PA), as amended.
1.43 PRETREATMENT - The reduction, elimination or alteration of pollutants in
wastewater prior to discharge into the sanitary sewer. This reduction or alteration
can be obtained by physical, chemical, or biological processes, through pollution
prevention, or by other means, except by diluting the concentration of the
pollutants.
1.44 PRETREATMENT PROCESSES - One or more treatment processes or devices
designed to remove sufficient matter from wastewater discharged into the
municipal sewer to enable compliance with effluent limits established in this Bylaw.
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Pretreatment processes prevent or reduce and control the discharge or deposit of
matter from the discharger's premises into the municipal sewer connection.
1.45 PRIVATE SEWER CONNECTION -- 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 to a municipal sewer connection whose responsibility for maintenance is
the property owner's.
1.46 PROHIBITED WASTE - Means prohibited waste as defined in Schedule "A" to this
bylaw
1.47 REACTIVE WASTE -- A substance that:
a. is normally unstable and readily undergoes violent changes without detonating;
b. reacts violently with water;
c. forms potentially explosive mixtures with water;
d. when mixed with water, generates toxic gases, vapours or fumes in a quantity
sufficient to present danger to human health or the environment;
e. 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;
f. is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement;
g. is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure; or
h. is an explosive (Class 1) as defined in the regulations under the Transportation
of Dangerous Goods Act, 1992, S.C. 1992, as amended.
1.48 RESTRICTED WASTE - Means restricted waste as defined in Schedule "B" to this
bylaw.
1.49 SAMPLING PORT - A valve, tap or similar device on equipment, a drain pipe or
at another suitable location, to allow for sampling, consistent with technical
guidelines that the Municipality may establish from time to time.
1.50 SANITARY SEWER -- A sewer for the collection and transmission of domestic or
industrial wastewater or any combination thereof.
1.51 SEPTIC TANK WASTE -- Any waste extracted from a cesspool, septic tank,
wastewater holding tank, seepage pit, interceptor or other containment for human
excretion and wastes.
1.52 SEVERELY TOXIC WASTE - Waste containing any contaminant listed in the
Environmental Protection Act, R.S.O. 1990, c. E.19 (EPA), Ontario Regulation 347,
Schedule 3, as amended.
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1.53 SEWER -- A pipe, conduit, drain, open channel or ditch for the collection and
transmission of wastewater, storm water or uncontaminated water, or any
combination thereof.
1.54 SPILL -- A direct or indirect discharge into the wastewater works, storm sewer or
the natural environment which is abnormal in quantity or quality in light of all the
circumstances of the discharge.
1.55 STANDARD METHODS -- 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, recent or latest edition or approved in writing by the
Municipality.
1.56 STORM SEWER -- A sewer for the collection and transmission of uncontaminated
water, storm water, drainage from land or from a watercourse or any combination
thereof but excluding any portion of a combined sewer works.
1.57 STORM WATER - The water running off the surface of a drainage area during
and immediately after a period of rain or snow melt.
1.58 SUBSURFACE DRAINAGE PIPE -- A pipe that is installed underground to
intercept and convey subsurface water, and includes foundation drain pipes.
1.59 SUBSURFACE WATER - Groundwater including foundation drain water.
1.60 TOTAL SUSPENDED SOLIDS (TSS) - Insoluble matter in liquid that is removable
by filtration, as determined by the appropriate procedure described in Standard
Methods.
1.61 UNCONTAMINATED WATER -- Water with a level of quality which is typical of
potable water normally supplied by the Municipality.
1.62 WASTE DISPOSAL SITE LEACHATE -- The liquid containing dissolved or
suspended contaminants which emanates from waste (solid waste or garbage)
and is produced by water percolating through waste or by liquid in waste.
1.63 WASTE RADIOACTIVE SUBSTANCES -- Substances defined in the federal
Nuclear Safety and Control Act and the regulations passed thereunder, as
amended from time to time.
1.64 WASTEWATER - Means the composite of water and water-carried wastes from
residential, commercial, industrial or institutional premises or any other source.
1.65 WASTEWATER SLUDGE -- Solid material recovered from the wastewater
treatment process.
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1.66 WASTEWATER TREATMENT FACILITY - Means any structure or thing used for
the physical, chemical, biological or radiological treatment of wastewater, and
includes sludge treatment, wastewater sludge storage and disposal facilities;
1.67 WASTEWATER WORKS -- Any works for the collection, transmission, treatment
and disposal of wastewater, storm water or 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 applicable Building Code
applies.
1.68 WATERCOURSE -- An open channel, ditch or depression, either natural or
artificial, in which flow of water occurs either continuously or intermittently.
2.
SANITARY AND COMBINED SEWER REQUIREMENTS
2.1
No person shall release, or permit the release of, any matter into the sanitary or
combined sewer system wastewater works except:
a. domestic wastewater;
b. non-domestic wastewater or clear-water waste, that complies with the
requirements of this bylaw;
c. where a Hauled Wastewater Discharge Agreement or Hauled Waste
Discharge Agreement has been issued by the Municipality;
d. storm water, subsurface water or other matter where a Sanitary Discharge
Agreement has been issued by the Municipality;
e. Over Strength matter where an Over Strength Surcharge Agreement is in place
with the Municipality.
2.2
No person shall release, or permit the release of, any prohibited substance listed
in Schedule 'A' of this bylaw.
2.3
No person shall release, or permit the release of, any restricted substance which
exceeds the respective concentrations listed in Schedule 'B' of this bylaw into the
wastewater works.
2.4
If required by the Municipality, all dischargers of non-domestic wastewater shall
complete and submit a "Waste Survey Report - Short Version" to the Municipality.
The Waste Survey Report - Short Version shall be generally in the form prescribed
by the Municipality.
2.5
If required by the Municipality, all dischargers of non-domestic wastewater shall
complete and submit a "Waste Survey Report - Long Version" to the
Municipality. The Waste Survey Report - Long Version shall be generally in the
form prescribed by the Municipality.
2.6
If required by the Municipality, all dischargers of non-domestic wastewater shall
not discharge to the sanitary sewer system until the discharger has obtained a
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"Waste Discharge Permit" from the Municipality. The Waste Discharge Permit
shall be generally in the form prescribed by the Municipality.
2.7
The Municipality may issue, and amend, a Waste Discharge Permit to allow the
discharge of Non-Domestic Waste into a Sewer upon such terms and conditions
as the Municipality considers appropriate and, without limiting the generality of the
foregoing, may in the Waste Discharge Permit:
a. place limits and restrictions on the quantity, composition, frequency and nature
of the waste permitted to be discharged;
b. require the holder of a Waste Discharge Permit to repair, alter, remove, or add
to works or construct new works; and
c. provide that the Waste Discharge Permit will expire on a specified date, or upon
the occurrence of a specified event.
2.8
The Municipality may issue a Discharge Abatement Order to:
a. require a person to alter the quantity, composition, duration and timing of the
discharge or cease discharge of Non-Domestic Waste to a sewer or
wastewater facility;
b. include any terms or conditions that could be included in a Waste Discharge
Permit; and
c. cease all non-compliant releases.
d. the Municipality may amend or cancel a Discharge Abatement Order.
3.
STORM SEWER REQUIREMENTS
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, watercourse, and municipal or private
sewer connection to any storm sewer which may or could:
a. interfere with proper operation of a storm sewer.
b. obstruct or restrict a storm sewer or the flow therein.
c. damage a storm sewer.
d. result in any hazard or other adverse impact to any person, animal, property
or vegetation.
e. impair the quality of any waters; or
f. result in the contravention of an approval, requirement, direction or other
order under the Ontario Water Resources Act or the Environmental Protection
Act (Ontario) with respect to the storm sewer or its discharges; and
3.2
No person shall release, or permit the release of, any restricted substance which
exceeds the respective concentrations listed in Schedule 'C' of this bylaw into the
storm sewer;
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3.3
No person shall release, or permit the release of, without limiting the generality of
the foregoing, any of the following to the storm sewer, watercourse, municipal or
private sewer connection:
a. Have one or more of the following characteristics:
(1)
a temperature greater than 40°Celsius.
(2)
a pH less than 6.0 or greater than 9.0.
(3)
solvent extractable matter of animal or vegetable origin or of mineral or
synthetic origin which causes a visible film, sheen or discolouration.
(4)
two or more separate layers.
b. Contain one or more of the following in any amount:
(1)
once-through cooling water
(2)
wastewater
(3)
blowdown water
(4)
ground water remediation
(5)
automotive or machine oils and grease
(6)
paints and organic solvents
(7)
PCB's
(8)
waste disposal site leachate
(9)
waste radioactive materials
(10) hazardous industrial waste
(11) hazardous waste chemicals
(12) combustible liquids
(13) floating debris
(14) fuel
(15) hauled wastewater
(16) hauled waste
(17) ignitable waste
(18) pathological waste
(19) pesticides
(20) reactive waste
(21) severely toxic waste
(22) a substance from raw materials, intermediate or final product, used or
produced in, through or from an industrial process
(23) a substance used in the operation or maintenance of an industrial site
c. Contains E. coli colonies in excess of 200 per 100 mL
3.4
Sub clause 3.3.b. does not apply to prevent the discharge of once-through-cooling
water, blowdown or ground water remediation when,
a. the once-through cooling water, blowdown or ground water remediation is
being discharged pursuant to a certificate of approval or order relating to the
premises under the Environmental Protection Act (Ontario) or the Ontario
Water Resources Act which expressly allows the discharge; and
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b. the owner or operator of the premises has written approval from the
Municipality which expressly authorizes the discharge from the premises; and
c. a copy of the certificate of approval or order referred to in Sub clause (a) has
been provided to the Municipality.
3.5
The provisions of Schedule "C" Restricted Waste - Storm Sewer Discharge do not
apply to prevent the discharge of stormwater runoff from industrial process areas
to a storm sewer when,
a. the owner or operator of the premises has a certificate of approval or order
relating to the premises under the Environmental Protection Act (Ontario) or
the Ontario Water Resources Act which expressly allows the discharge and a
copy of the certificate of approval or order has been provided to the
Municipality; or
b. the owner or operator of the premises has written approval from the
Municipality for a Best Management Practices Plan (BMP) which has been
prepared in accordance with Schedule D.
3.6
Property owners must ensure that appropriate and necessary practices are
undertaken to prevent prohibited discharges described in 3.1 and to prevent
discharge of suspended solids (total) in excess of 15 milligrams per liter (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
b. outside storage activities that may result in mobilization of stored materials as
a result of rain or runoff from the property, including sand and granular
material storage.
4.
PROHIBITION OF DILUTION
4.1
No person shall discharge directly or indirectly, or permit the discharge or deposit
of wastewater into a sanitary sewer or combined sewer works where water has
been added to the discharge for the purposes of dilution to achieve compliance
with Schedule "A" or Schedule "B" of this bylaw.
4.2
No person shall discharge directly or indirectly, or permit the discharge or deposit
of matter into a storm sewer where water has been added to the discharge for the
purposes of dilution to achieve compliance with Section 3 of this bylaw.
5.
SAMPLING AND ANALYTICAL REQUIREMENTS
5.1
Where sampling is required for the purposes of determining the concentration of
constituents in the wastewater, storm water or uncontaminated water, the sample
may:
a. be collected manually or by using an automatic sampling device; and
b. contain additives for its preservation.
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5.2
Any single grab sample may be used to determine compliance with Schedules A
and B or Section 3 at the discretion of the Municipality.
5.3
All tests, measurements, analyses and examinations of wastewater, its
characteristics or contents pursuant to this Bylaw shall be carried out in
accordance with "Standard Methods" and be performed by a laboratory accredited
for analysis of the particular substance(s) using a method which is within the
laboratory's scope of accreditation or to the satisfaction of the Municipality as
agreed in writing prior to sample analysis.
6.
DISCHARGER SELF-MONITORING
6.1
The discharger shall complete any monitoring or sampling of any discharge to a
wastewater works, as required by the Municipality, and provide the results to the
Municipality in the form specified by the Municipality.
6.2
The obligations set out in or arising out of 6.1 shall be completed at the expense
of the discharger.
7.
WASTE SURVEY REPORTS
7.1
When required, the owner or operator of any non-domestic discharger premises
shall not discharge or deposit or cause or permit the discharge or deposit of
wastewater into or in land drainage works, private branch drains or connections to
any sanitary sewer, combined sewer or storm sewer, after six months from the
date on which this by-law takes effect.
7.2
Subsection 7.1 does not apply with respect to any non-domestic discharger
premises for which a current Waste Survey Report prepared in accordance with
Clause 2.4 or 2.5 has been filed at the municipality.
7.3
The Waste Survey Report shall be in the form of a "Waste Survey Report - Short
Version" or "Waste Survey Report - Long Version" as determined by the
Municipality.
7.4
Where a change occurs in any information required in Clause 7.3, the owner or
operator of the premises shall not discharge or deposit or cause or permit the
discharge or deposit of wastewater into or in land drainage works, private branch
drains or connections to any sanitary sewer, combined sewer or storm sewer, after
60 days after the change occurs unless a new Waste Survey Report has been
submitted setting out the change.
8.
OVER STRENGTH SURCHARGE AGREEMENTS
8.1
Subject to Subsections 8.2, 8.3 and 8.4 the discharge or deposit of wastewater
that would otherwise be prohibited by this By-law may be permitted into or in any
connection to any sanitary sewer or combined sewer to an extent fixed by
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agreement with the Municipality under such conditions with respect to payment of
additional wastewater service rates or otherwise as may be necessary to
compensate for any additional costs of operation, repair and maintenance of the
wastewater works, and on other terms and conditions as may be deemed
appropriate by the Municipality.
8.2
The Municipality may assess an over strength surcharge for wastewater releases
that exceed the limits of treatable parameters. An Over Strength Surcharge
Agreement can only be entered into with respect to the discharge of the following
treatable parameters: total suspended solids, biochemical oxygen demand, total
phosphorus, total kjeldahl nitrogen and phenolic compounds.
8.3
The agreement shall be in the form prescribed by the Municipality and shall be
countersigned by the Director of Environmental Services and Clerk, both of whom
are authorized to execute such agreements under authority of this By-law. The
discharger shall pay the assessed amount per the terms established by the
Municipality for the duration of the agreement
8.4
When testing of the wastewater being discharged into the wastewater collection
system is required for the purpose of determining the over strength surcharge rate,
discharge measurement, sampling, analysis and reporting shall be undertaken by
the owner, at their expense, when required by the Municipality. The Municipality
may also undertake audit sampling, at the Municipality's discretion and may
include these results when determining the over strength surcharge rate.
8.5
When testing of the wastewater being discharged into the wastewater collection
system is required for the purpose of determining the over strength surcharge rate,
such testing shall be conducted by the owner to the satisfaction of the Municipality,
using automated sampling devices or in accordance with the following manual
sampling protocol:
a. samples from the effluent produced at a location will be collected at a frequency
as instructed by the Municipality;
b. a minimum of four grab samples of equal volume shall be taken over a 24 hour
period, or as otherwise instructed by the Municipality, such samples to be taken
at least one hour apart;
c. the analysis shall be conducted on the composite sample made up of the grab
samples;
d. the respective results of these composite samples shall be averaged to
determine the characteristics and concentration of the effluent being
discharged into the City wastewater collection system.
8.6
For the purpose of determining the over strength surcharge rate the discharge flow
rate from the said premises will need to be determined in m3/day. The wastewater
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discharge flow rates shall be provided by the owner to the satisfaction of the
Municipality.
8.7
The Over Strength Surcharge rate will be reviewed and adjusted accordingly from
time to time as determined by the Municipality.
8.8
The agreements contemplated in this Section may be terminated by the
Municipality by written notice at any time, including but not limited to an emergency
situation of immediate threat or danger to any person, property, plant or animal life,
water or wastewater works.
8.9
A person who has entered into an over strength sewer surcharge agreement with
the Municipality shall not be prosecuted under Section 2 of this By-law for the
discharge or deposit of wastewater containing matters specified in the agreement
and in compliance with the agreement during the period within which the
agreement is applicable and so long as the agreement is being fully complied with.
9.
GREASE/SEDIMENT INTERCEPTORS
9.1
Interceptors for oil and grease
Every owner or operator of a restaurant or other industrial, commercial or
institutional premises where food is cooked, processed or prepared, which
premises is connected directly or indirectly to a sewer, shall take all necessary
measures to ensure that oil and grease are prevented from entering the sewer
and, without limiting its generality, shall install, operate and properly maintain a
grease interceptor in any piping system at its premises that connects directly or
indirectly to a sewer.
9.2
Interceptors for oil and lubricating grease
Every owner or operator of a commercial, industrial or institutional premise from
which floor drains of a service garage are connected directly or indirectly to a sewer
shall install and maintain an oil separator designed to prevent motor oil and
lubricating grease from passing into drainage piping which is connected directly or
indirectly to a sewer.
9.3
Interceptors for sediment
Every owner or operator of a commercial, industrial or institutional premises from
which sediment may directly or indirectly enter a sewer, including, but not limited
to premises using ramp drains or area drains, and car and vehicle washing
establishments shall take all necessary measures to ensure that such sediment is
prevented from entering the sewer.
9.4
All interceptors shall:
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a. be of sufficient capacity and appropriate design to intercept natural oil and
grease, synthetic or petroleum oil and grease, gasoline, sand or other sediment
likely to flow into it under peak flow conditions;
b. be located to be readily and easily accessible for cleaning and inspection;
c. be constructed of impervious materials capable of withstanding abrupt or
extreme changes in temperature;
d. be of substantial construction, watertight, and equipped with easily removable
covers which, when bolted in place, shall be gastight and watertight, except
when the intercepting trap is for sand only the cover need not be gastight and
watertight.
9.5
Interceptors - maintenance and inspection required
Every owner or operator of a premises where grease interceptor and sediment
interceptor is installed shall operate and maintain the interceptor(s) in accordance
with the manufacturer's instructions, and shall be inspected and cleaned frequently
to ensure that it is operating effectively so as not to negatively impact the
wastewater works.
Emulsifiers shall not be discharged to the sewer system into interceptors. No
person shall use enzymes, bacteria, solvents, hot water or other agents to facilitate
the passage of oil and grease through an Interceptor.
9.6
Interceptors - records required
Owners or occupants of premises having grease or sediment interceptors shall
keep a record of interceptor maintenance including the date(s) on which
cleaning/maintenance occurred, the person or contractor responsible, and the
method and destination of waste disposal, and upon request these records shall
be made available to the Municipality.
10.
PRETREATMENT FACILITIES
10.1 Where required by the Municipality, the owner or operator shall install on the
premises, and prior to the sampling point, a wastewater pretreatment facility.
10.2 The owner or operator shall ensure the design, operation and maintenance of the
pretreatment facility achieves the treatment objectives and is in accordance with
the manufacturer's recommendations.
10.3 The owner or operator shall ensure any waste products from the pretreatment
facility are disposed of in a safe manner.
10.4 The maintenance records and waste disposal records shall be made available to
the Municipality upon request.
10.5 The owner or operator shall keep documentation pertaining to the pretreatment
facility and waste disposal for two years.
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11.
HAULED WASTEWATER
11.1 No person shall discharge hauled wastewater to the wastewater works unless:
a. the carrier of the hauled wastewater operating as a waste management system
has a certificate of approval or provisional certificate of approval issued under
the applicable federal and/or provincial environment protection act(s) or is
exempt from the requirement to have a certificate or provisional certificate of
approval;
b. a copy of the most recent certificate of approval or provisional certificate and
any amendment is provided to the Municipality; and
c. the carrier of hauled wastewater has a valid Hauled Wastewater Discharge
Agreement with the Municipality. The agreement shall be generally in the form
prescribed by the Municipality.
d. the carrier meets all conditions for discharge that are or may be set from time
to time with respect to the haulage of wastewater by the Municipality.
11.2 No person shall discharge or permit the discharge of hauled wastewater:
a. at a location other than a hauled wastewater discharge location approved by
the Municipality.
b. without a manifest, in a form approved by the Municipality, completed and
signed by the carrier and deposited in an approved location at the time of
discharge.
c. without the use of a discharge hose placed securely in the discharge portal at
the approved location.
12.
HAULED WASTE
12.1 No person shall discharge hauled waste to the wastewater works unless:
a. the carrier of the hauled waste operating as a waste management system has
a certificate of approval or provisional certificate of approval issued under the
applicable federal and/or provincial environment protection act(s) or is exempt
from the requirement to have a certificate or provisional certificate of approval;
b. a copy of the most recent certificate of approval or provisional certificate and
any amendment of approval is provided to the Municipality;
c. hauled waste meets the conditions set out in applicable federal and/or
provincial environment protection act(s), as amended from time to time;
d. the carrier of hauled waste has a valid Hauled Waste Discharge Agreement
with the Municipality. The agreement shall be generally in the form prescribed
by the Municipality; and
e. the carrier meets all conditions for discharge that are or may be set from time
to time with respect to the haulage of waste by the Municipality.
12.2 No person shall discharge or permit the discharge of hauled wastewater:
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a. at a location other than a hauled wastewater discharge location approved by
the Municipality.
b. without a manifest, in a form approved by the Municipality, completed and
signed by the carrier and deposited in an approved location at the time of
discharge.
c. without the use of a discharge hose placed securely in the discharge portal at
the approved location.
13.
NON-CONTACT COOLING WATER
13.1 No person shall discharge non-contact cooling water or uncontaminated water to
a sanitary sewer or combined sewer from any residential property.
13.2 No person shall discharge non-contact cooling water or uncontaminated water to
a sanitary or combined sewer from industrial, commercial or institutional
properties, unless directed otherwise by the Municipality.
14.
WATER ORIGINATING FROM A SOURCE OTHER THAN THE MUNICIPAL
WATER SUPPLY
14.1 The discharge of water originating from a source other than the Municipal water
supply, including storm water, groundwater or ground water remediation, directly
or indirectly to a sanitary sewer or combined sewer works is prohibited, unless:
a. the discharge is in accordance with a Sanitary Discharge Agreement; and
b. the discharge does not exceed the limits set out under Schedule B, with respect
to biochemical oxygen demand, total phosphorus or total suspended solids; or
c. in the event the discharge does exceed the limits set out under Schedule B,
with respect to any biochemical oxygen demand, total phosphorus, total
suspended solids, phenolic compounds or Total Kjeldahl Nitrogen the
discharge is in accordance with an Over Strength Surcharge Agreement.
15.
SPILLS
15.1 In the event of a spill to a wastewater works and/or storm sewer works, the person
responsible or the person having the charge, management and control of the spill
shall immediately notify and provide any requested information with regard to the
spill:
a. if there is any immediate danger to human health and/or safety 9-1-1
emergency
or
b. if there is no immediate danger:
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i. the Municipality, City of Brockville, by contacting the Operations
Department,
Environmental
Services
Department
and/or
Fire
Department; and
ii. Ministry of the Environment Spills Action Centre; and
iii. the owner of the premises where the release occurred; and
iv. any other person whom the person reporting knows or ought to know
may be directly affected by the release.
15.2 The person shall provide a detailed report on the spill to the Municipality, within
five working days after the spill, containing the following information to the best of
his or her knowledge:
a. location where spill occurred; and
b. name and telephone number of the person who reported the spill and the
location and time where they can be contacted; and
c. date and time of spill; and
d. material spilled; and
e. characteristics and composition of material spilled; and
f. volume of material spilled; and
g. duration of spill event; and
h. work completed and any work still in progress in the mitigation of the spill; and
i. preventive actions being taken to ensure a similar spill does not occur again;
and
j. copies of applicable spill prevention and spill response plans.
15.3 The person responsible for the spill and the person having the charge,
management and control of the spill 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.
15.4 Nothing in this bylaw relieves any persons from complying with any notification or
reporting provisions of;
a. other government agencies, including federal and provincial agencies, as
required and appropriate for the material and circumstances of the spill; or,
b. any other Bylaw of the Municipality.
15.5 The Municipality may invoice the person responsible for the spill to recover costs
of time, materials and services arising as a result of the spill. The person
responsible for the spill shall pay the costs invoiced.
15.6 The Municipality may require the person responsible for the spill to prepare and
submit a spill contingency plan to the Municipality to indicate how risk of future
incidents will be reduced and how future incidents will be addressed.
16.
AUTHORITY OF THE MUNICIPALITY TO INVESTIGATE
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16.1 The Municipality has the authority to carry out any investigation reasonably
required to ensure compliance with this bylaw, including the following powers or
duties, but not limited to:
a. inspecting, observing, sampling and measuring the flow in any private
i. drainage system,
ii. wastewater disposal system,
iii. storm water management facility, and
iv. flow monitoring point;
b. determine water consumption by reading water meters;
c. test flow measuring devices;
d. take samples of wastewater, storm water, clear-water waste and subsurface
water being released from the premises or flowing within a private drainage
system;
e. perform testing on the wastewater, storm water, clear-water waste and
subsurface water within or being released from private drainage systems,
pretreatment facilities and storm water management facilities;
f. collect and analyze samples of hauled wastewater or hauled waste coming to
a discharge location;
g. make inspections of the types and quantities of chemicals being handled or
used on the premises in relation to possible release to a drainage system or
watercourse;
h. require information from any person concerning a matter;
i. inspect and copy documents or remove documents from premises to make
copies;
j. inspect chemical storage areas and spill containment facilities and request
Material Safety Data Sheets (MSDS) for material stored or used on site;
k. inspect the premises where a release of prohibited or restricted wastes or of
water containing prohibited or restricted wastes has been made or is suspected
of having been made, and to sample any or all matter that in his/her opinion
could have been part of the release.
16.2 No person shall hinder or prevent the Municipality from carrying out any of his/her
powers or duties.
16.3 All costs incurred by the Municipality arising out of any failure to properly check
and control such discharge, including the cost of investigation, repairing, cleaning
or replacing any part of any Municipal wastewater works shall be charged to the
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Owner of the property where such work is performed and shall be collected
according to law, and until paid, such cost shall remain a lien on such property,
and may also be collected in the like manner as taxes.
17.
DISCONNECTION OF SEWER
17.1 Where wastewater which:
a. is hazardous or creates an immediate danger to any person;
b. endangers or interferes with the operation of the wastewater collection system;
or
c. causes or is capable of causing an adverse effect;
d. is discharged to the wastewater collection system, the Municipality may, in
addition to any other remedy available, disconnect, plug or seal off the sewer
line discharging the unacceptable wastewater into the wastewater collection
system or take such other action as is necessary to prevent such wastewater
from entering the wastewater collection system.
17.2 The wastewater may be prevented from being discharged into the wastewater
collection system until evidence satisfactory to the Municipality has been produced
to assure that no further discharge of hazardous wastewater will be made to the
wastewater collection system.
17.3 Where the Director of Environmental Services takes action pursuant to Subsection
17.1, the Municipality may by notice in writing advise the owner or occupier of the
premises from which the wastewater was being discharged, of the cost of taking
such action and the owner or occupier, as the case may be, shall forthwith
reimburse the Municipality for all such costs which were incurred.
18.
PROTECTION FROM DAMAGE
18.1 No person shall uncover, open into, break, alter, damage, destroy, deface or
tamper or cause or permit the breaking, damaging, destroying, defacing or
tampering with any permanent or temporary device installed in a wastewater works
for the purposes of flow measuring, sampling and testing of matter, wastewater,
uncontaminated wastewater or stormwater.
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19.
MONITORING ACCESS POINTS
19.1 The owner or operator of commercial, institutional or industrial premises or multi-
storey residential buildings with one or more connections to a wastewater works
shall install and maintain in good repair in each connection a suitable monitoring
access point to allow observation, sampling and flow measurement of the
wastewater, uncontaminated water or storm water therein, provided that, where
installation of a maintenance access point is not possible, an alternative device or
facility may be substituted with the prior written approval of the Municipality.
19.2 The monitoring access point or alternative device such as a sampling port shall be
located on the property of the owner or operator of the premises, as close to the
property line as possible, unless the Municipality has given prior written approval
for a different location.
19.3 The owner or operator shall construct, install and maintain each monitoring access
point, device or facility in accordance with good engineering practice and the
requirements of the Municipality at his or her expense.
19.4 The owner or operator of an industrial, commercial or institutional premises or a
multi-storey residential building shall at all times ensure that every monitoring
access point, alternative device or facility installed as required by this bylaw is
accessible to the Municipality for the purposes of observing, sampling and flow
measurement of the wastewater, uncontaminated water or storm water therein.
19.5 The following discharger activities require sampling ports when it is not possible to
install a monitoring access point:
a. dental offices
b. businesses using photographic processing units.
20.
COMPLIANCE PROGRAMS
20.1 An Industry may submit to the Municipality a proposed compliance program setting
out activities to be undertaken by the Industry that would result in the prevention
or reduction and control of the discharge or deposit of matter from the Industry's
premises into municipal or private sewer connections to any sanitary sewer or
combined sewer. Compliance program submissions will only be considered for
existing industries.
20.2 An Industry may submit to the Municipality a proposed compliance program setting
out activities to be undertaken by the Industry that would result in the prevention
or reduction and control of the discharge or deposit of uncontaminated water,
ground water or storm water from the Industry's premises to eliminate the
discharge of matter into municipal or private sewer connections to any storm
sewer.
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20.3 Upon receipt of an application pursuant to Subsection 20 (1) or (2) above, the
Municipality may issue an approval for a compliance program for an Industry to
discharge an effluent that does not comply with Schedule "A" and "B" of this bylaw.
The Industry shall be entitled to make non-complying discharges in the amount
and only to the extent set out in the Municipality's approval during the planning,
design and construction or installation of facilities or works needed to implement
the approved compliance program.
20.4 Every proposed compliance program agreement shall be for a specified length of
time during which pretreatment facilities or other measures are to be installed or
implemented and shall be specific as to the remedial actions to be implemented
by the Industry, the dates of commencement and completion of the activity and the
materials or other characteristics of the matter to which it relates. The final activity
completion date shall not be later than the final compliance date in the compliance
program agreement.
20.5 The compliance program shall be in the form of a Compliance Program
Agreement, and upon recommendation of the Wastewater Systems Supervisor,
who is authorized to execute such compliance programs under the authority of this
By-law. The Compliance Program Agreement shall be in the form generally
prescribed by the Municipality.
20.6 The Industry to which a compliance program has been approved shall submit a
Compliance Program Progress Report to the Municipality within 14 days after the
scheduled completion date of each activity listed in the compliance program.
20.7 The Compliance Program Progress Report shall be in the form prescribed by the
Municipality.
20.8 A person to whom a compliance program has been approved shall not be
prosecuted under Section 2 and 3 of this By-law for the discharge or deposit of any
matter specified in the compliance program agreement, so long as they are in
compliance with the compliance program agreement during the applicable period
and so long as the compliance program agreement is being fully complied with.
20.9 The Municipality may terminate any compliance program agreement by written
notice at any time to the Industry in the event that the Industry fails or neglects to
carry out or diligently pursue the activities required of it under its approved
compliance program.
21.
ACCESS TO INFORMATION
21.1 All information submitted to and collected by the Municipality that is contained in
reports, surveys, monitoring and inspection and sampling activities will, except as
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 (MFIPPA).
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21.2 In the event that any person submitting information to the Municipality, as required
under this article, where such information is confidential or proprietary or
otherwise, may be exempt from disclosure under MFIPPA, the person submitting
the information shall so identify that information upon its submission to the
Municipality or the Municipality where such information is confidential or
proprietary or otherwise, may be exempt from disclosure.
21.3 The Municipality shall have access to information contained in the Certificate of
Approval of any wastewater dischargers to the Municipal sewer system.
22.
PENALTIES
22.1 Where the Municipality believes that a person has contravened any provision of
this By-law, he or she may commence proceedings by issuing a summons by
means of a violation ticket in accordance with the Provincial Offences Act.
22.2 The specified penalty payable in respect of a conviction for a contravention of a
provision of this by-law in the amount shown in Schedule E of this Bylaw in respect
of that provision or pursuant to section 61 of the Provincial Offences Act, R.S.O.
1990, c. P33.
22.3 Notwithstanding subsection 22.2:
a. Where any person contravenes the same provisions of this Bylaw twice within
one twelve month period, the specified penalty payable in respect of the second
contravention is double the amount shown in Schedule E of this Bylaw in
respect of that provision, and
b. Where any person contravenes the same provision of this Bylaw three or more
times within one twelve month period, the specified penalty payable in respect
of the third or subsequent contravention is triple the amount shown in Schedule
E of this Bylaw in respect of that provision.
23.
OFFENCES
23.1 Every person other than a corporation who contravenes any provision of this bylaw
is guilty of an offence and on conviction is liable, for every day or part thereof upon
which such offence occurs or continues, to a fine of not more than $25,000 for a
first offence and $100,000 for a second offence.
23.2 Every corporation that contravenes any provision of this bylaw any provision of this
bylaw is guilty of an offence and on conviction is liable, for every day or part thereof
upon which such offence occurs or continues, to a fine of not more than $250,000
for a first offence and not more than $500,000 for a second offence.
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24.
INTERPRETATION
24.1 Headings are for reference purposes and shall not affect in any way the meaning
or interpretation of the provisions of this by-law.
24.2 If any section, clause or provision of this by-law, including anything contained in
the Schedules attached hereto, is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of this by-law as a
whole or any part thereof other than the section, clause or provision so declared
to be invalid and it is hereby declared to be the intention that all the remaining
sections, clauses or provisions of this by-law shall remain in full force and effect
until repealed, notwithstanding that one or more provisions thereof shall have been
declared to be invalid.
24.3 In this by-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
25.
REPEAL
25.1 By-law No. 12-91, A By-law to Regulate Waste Discharges to Municipal Sewers,
as amended, is hereby repealed.
Given under the Seal of the
Corporation of the City of Brockville
and passed this 27th, day of May 2014
[D. Henderson]
[L. Murray]
Mayor
Deputy City Clerk
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SCHEDULE "A" - PROHIBITED WASTES
A. No person shall discharge directly or indirectly or deposit or cause or permit the
discharge or deposit of wastewater into a sanitary sewer, combined sewer,
municipal or private sewer connection to any sanitary sewer or combined sewer in
circumstances where:
1. To do so may cause or result in:
a. a health or safety hazard to a person authorized by the Municipality to
inspect, operate, maintain, repair or otherwise work on a wastewater works;
b. an offence under the Ontario Water Resources Act or the Environmental
Protection Act, as amended from time to time, or any regulation made there
under from time to time;
c. wastewater sludge from the wastewater treatment facility works to which
either wastewater discharges, directly or indirectly, to fail to meet the
objectives and criteria as listed in the Ministry of Energy and 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;
d. interference with the operation or maintenance of a wastewater works, or
which may impair or interfere with any wastewater treatment process;
e. a hazard to any person, animal, property or vegetation;
f. an offensive odour to emanate from wastewater works, and without limiting
the generality of the foregoing, wastewater containing hydrogen sulphide,
carbon disulphide, other reduced sulphur compounds, amines or ammonia in
such quantity as may cause an offensive odour;
g. damage to wastewater works;
h. an obstruction or restriction to the flow in wastewater works;
i. the presence of toxic gases, vapours or fumes within the wastewater works
such that:
i.
two successive readings on an explosive hazard meter, at the
point of discharge into the wastewater works or at any point in the
wastewater works, of more than five percent Lower Explosive Limit
(LEL) are obtained;
ii.
any single reading on an explosive hazard meter, at the point of
discharge into the wastewater works or at any point in the
wastewater works, of ten percent LEL or higher is obtained; or
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iii.
any single reading on an explosive hazard meter, at the point of
discharge into the wastewater works or at any point in the
wastewater works, of two parts per million atmospheric hydrogen
sulphide or higher is obtained.
2. The wastewater has two or more separate liquid layers.
3. The wastewater contains:
a. hazardous Industrial Waste;
b. hazardous Waste Chemicals;
c. combustible liquid;
d. biomedical waste, including any of the following categories: human
anatomical waste, animal waste, untreated microbiological waste, waste
sharps and untreated human blood and body fluids known to contain viruses
and agents listed in "Risk Group 4" as defined in "Laboratory Biosafety
Guidelines" published by Health Canada, dated 2004, as amended;
e. specified risk material for bovine spongiform encephalopathy as defined in
the federal Fertilizers Regulations (C.R.C.,c. 666), as amended from time to
time, including material from the skull, brain, trigeminal ganglia, eyes, tonsils,
spinal cord and dorsal root ganglia of cattle aged 30 months or older, or
material from the distal ileum of cattle of all ages;
f. dyes or colouring materials which may or could pass through a wastewater
works and discolour the wastewater works effluent;
g. fuel;
h. hauled wastewater, except where:
i.
the carrier of the hauled wastewater complies with the provisions
of Section 11 of this by-law.
i. hauled waste, except where:
i.
the carrier of the hauled waste complies with the provisions of
Section 12 of this by-law.
j. leachate, except where:
i.
the waste disposal site leachate is being discharged pursuant to a
certificate of approval or order relating to the premises under the
Environmental Protection Act (Ontario) or the Ontario Water
Resources Act which expressly allows the discharge;
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ii.
the owner or operator of the premises has written approval from
the Municipality which expressly authorizes the discharge from the
premises; and
iii.
a copy of the certificate of approval or written authorization
referred to in Clause i. above has been provided to the
Municipality.
k. ignitable waste;
l. pathological waste;
m. PCBs;
n. pesticides which are not otherwise regulated in this Bylaw;
o. reactive waste;
p. severely toxic wastes which are not otherwise regulated in this Bylaw;
q. waste radioactive substances in excess of concentrations greater than those
specified for release to the environment under the Nuclear Safety and Control
Act and Regulations or amended versions thereof;
r. solid or viscous substances in quantities or of such size to be capable of
causing obstruction to the flow in a sewer, including but not limited to ashes,
bones, cinders, sand, mud, soil, straw, shaving, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, animal parts or tissues, and paunch
manure;
s. stormwater, water from drainage of roofs or land, water from a watercourse
or uncontaminated water, except in the case of discharge into a combined
sewer;
t. water other than stormwater that has originated from a source separate from
the water distribution system of the Municipality.
4. The wastewater contains a concentration, expressed in milligrams per litre, in excess
of any one or more of the limits in Schedule "B" of this Bylaw, unless:
a. the discharge is in accordance with a valid Over Strength Surcharge
Agreement or compliance program;
By-law Number 046-2014
By-law to Regulate the Use of Sewers within the City of Brockville
Page 28
____________________________________________________________________________
SCHEDULE "B" RESTRICTED WASTE
SANITARY AND COMBINED SEWERS DISCHARGE
Substance
Total Concentration
Limit [mg/L, except as
noted]
Biochemical Oxygen
Demand
300
Chemical Oxygen Demand
600
Oil and grease - animal and
vegetable
150
Oil and grease - mineral and
synthetic
15
Suspended Solids, Total
300
pH
6.0 - 9.5 (unitless)
Temperature
60 Degrees Celsius
Total Phosphorus
10
Anionic Surfactants
150
Chlorides as Cl
1500
Sulphates as SO4
1500
Aluminum, total
50.0
Antimony, total
5.0
Arsenic, total
1.0
Bismuth, total
5.0
Cadmium, total
0.7
Chromium, total
2.8
Cobalt, total
5.0
Copper, total
2.0
Cyanide, total
1.2
Fluoride
10.0
Iron, total
50.0
Lead, total
0.7
Manganese, total
5.0
Mercury
0.01
Molybdenum, total
5.0
Nickel, total
2.0
Nitrogen, Total Kjeldahl
50.0
Selenium, total
0.8
Silver, total
0.4
Sulphide (as H2S)
1.0
Tin, total
5.0
Titanium, total
5.0
Vanadium, total
5.0
Zinc, total
2.0
Benzene
0.01
Chloroform
0.04
By-law Number 046-2014
By-law to Regulate the Use of Sewers within the City of Brockville
Page 29
____________________________________________________________________________
Dichlorobenzene (1,2-)
0.05
Dichlorobenzene (1,4-)
0.08
Ethylbenzene
0.06
Hexachlorobenzene
0.0001
Methylene chloride
(dichloromethane)
0.09
PCB's (chlorobiphenyls)
0.004
Phenols, Total (or Phenolic
compounds)
0.1
Tetrachloroethane (1,1,2,2 -)
0.06
Tetrachloroethylene
0.06
Toluene
0.02
Trichloroethylene
0.05
Xylenes, Total
0.3
By-law Number 046-2014
By-law to Regulate the Use of Sewers within the City of Brockville
Page 30
____________________________________________________________________________
SCHEDULE "C" RESTRICTED WASTE - Storm Sewer DISCHARGE
Substance
Total Concentration
Limit [mg/L, except as
noted]
Biochemical Oxygen
Demand
15
Suspended Solids, Total
15
Cadmium, total
0.001
Chromium, total
0.2
Copper, total
0.04
Lead, total
0.05
Mercury
0.01
Nickel, total
0.05
Zinc, total
0.05
By-law Number 046-2014
By-law to Regulate the Use of Sewers within the City of Brockville
Page 31
____________________________________________________________________________
SCHEDULE "D" BEST MANAGEMENT PRACTICES PLAN
A Best Management Practice (BMP) Plan is a plan agreed to by the Municipality
with guidance from the Ontario Ministry of the Environment and is developed for
activities which are associated with or ancillary to industrial manufacturing or
treatment processes. The ancillary sources addresses in the BMP Plan are material
storage areas, loading and unloading areas, plant site run-off, in-plant transfer,
process and material handling areas and sludge and hazardous waste disposal
areas. In general, the BMP Plan will include practices used by industry for pollution
control from these sources, safety programs, fire protection, protection against loss
of valuable raw materials or products, etc. The following elements must be included
in a BMP Plan:
1. name and location of facility
2. statement of BMP policy and objectives
3. review by plant manager
4. establishment of BMP committee
5. risk identification and assessment
6. reporting of BMP Incidents
7. materials compatibility
8. good housekeeping
9. preventive maintenance
10. inspection and records
11. security
12. employee training
The Corporation of the City of Brockville
Schedule "E" - PART 1 Provincial Offences Act
By-Law Number 046-2014 To regulate the use of sewers within the City of Brockville
Set Fine Schedule
Note: Penalty provision for the offences indicated above is Section 22.2 of By-law No.046-2014, a certified copy of which has been filed.
ITEM
Column 1
Short form wording
Column 2
Provision
creating or
defining
offence
Column 3
SET FINE
1.
Release hauled wastewater or hauled waste to the wastewater works without a Discharge
Agreement
s. 2.1(c)
$500.00
2.
Release matter to the sanitary or combined sewer without agreement
s. 2.1(c)
$500.00
3.
Release restricted substance with a pH less than 6.0 or greater than 9.5 to a sanitary or
combined sewer
s. 2.3
$500.00
4.
Release restricted substance with a temperature greater than 60 degrees Celsius to the
sanitary or combined sewer
s. 2.3
$500.00
5.
Release matter that may damage a storm sewer
s. 3.1(c)
$500.00
6.
Release matter that may interfere with proper operations of a storm sewer
s. 3.1(a)
$500.00
7.
Release matter that may obstruct or restrict the storm sewer
s. 3.1(b)
$500.00
8.
Release matter with a temperature greater than 40 degrees Celsius
s. 3.3(a)(1)
$500.00
9.
Release matter with a pH less than 6.0 or greater than 9.0 to the storm sewer
s. 3.3(a)(2)
$500.00
10.
Release matter causing a visible film to the storm sewer
s. 3.3(a)(3)
$500.00
11.
Release matter causing a sheen to the storm sewer
s. 3.3(a)(3)
$500.00
12.
Release solvent extractable matter of animal or vegetable origin to the storm sewer
s. 3.3(a)(3)
$500.00
13.
Release matter with two or more separate layers to the storm sewer
s. 3.3(a)(4)
$500.00
14.
Release wastewater to the storm sewer
s. 3.3(b)(2)
$500.00
15.
Release blowdown water to the storm sewer
s. 3.3(b)(3)
$500.00
16.
Release from a groundwater remediation to the storm sewer
s. 3.3(b)(4)
$500.00
17.
Release automotive or machine oils and grease to the storm sewer
s. 3.3(b)(5)
$500.00
The Corporation of the City of Brockville
Schedule "E" - PART 1 Provincial Offences Act
By-Law Number 046-2014 To regulate the use of sewers within the City of Brockville
Set Fine Schedule
Note: Penalty provision for the offences indicated above is Section 22.2 of By-law No.046-2014, a certified copy of which has been filed.
ITEM
Column 1
Short form wording
Column 2
Provision
creating or
defining
offence
Column 3
SET FINE
18.
Release organic solvents to the storm sewer
s. 3.3(b)(6)
$500.00
19.
Release paint to the storm sewer
s. 3.3(b)(6)
$500.00
20.
Release combustible liquids to the storm sewer
s. 3.3(b)(12)
$500.00
21.
Release floating debris to the storm sewer
s. 3.3(b)(13)
$500.00
22.
Release fuel to the storm sewer
s. 3.3(b)(14)
$500.00
23.
Release pesticides to the storm sewer
s. 3.3(b)(19)
$500.00
24.
Release substance from an industrial process to the storm sewer
s. 3.3(b)(22)
$500.00
25.
Add matter to discharge for the purpose of dilution
s. 4.2
$500.00
26.
Fail to complete monitoring of a discharge to a sewage works
s. 6.1
$300.00
27.
Fail to complete sampling of a discharge to a sewage works
s. 6.1
$300.00
28.
Fail to install an interceptor for oil and grease
s. 9.1
$200.00
29.
Fail to install an interceptor for oil and lubricating grease
s. 9.2
$500.00
30.
Fail to install an interceptor for sediment
s. 9.3
$500.00
31.
Fail to maintain an interceptor
s. 9.5
$500.00
32.
Fail to produce maintenance records for the interceptor
s. 9.6
$300.00
33.
Discharge hauled wastewater to the sewage works without a valid Hauled Wastewater
Discharge Agreement
s. 11.1(c)
$400.00
34.
Discharge hauled wastewater to the wastewater works without meeting the conditions set
by the Municipality
s. 11.1(d)
$200.00
The Corporation of the City of Brockville
Schedule "E" - PART 1 Provincial Offences Act
By-Law Number 046-2014 To regulate the use of sewers within the City of Brockville
Set Fine Schedule
Note: Penalty provision for the offences indicated above is Section 22.2 of By-law No.046-2014, a certified copy of which has been filed.
ITEM
Column 1
Short form wording
Column 2
Provision
creating or
defining
offence
Column 3
SET FINE
35.
Fail to submit accurately completed manifest at time of discharge of hauled wastewater
s. 11.2(b)
$500.00
36.
Discharge hauled wastewater to the sewage works without a valid Hauled Wastewater
Discharge Agreement
s. 12.1(d)
$400.00
37.
Discharge hauled waste to the wastewater works without meeting the conditions set by
the Municipality
s. 12.1(e)
$200.00
38.
Fail to submit accurately completed manifest at time of discharge of hauled wastewater
s. 12.2(b)
$500.00
39.
Discharge non-contact cooling water to the sanitary or combined sewer
s. 13.1
$500.00
40.
Fail to immediately notify the Municipality with regard to a spill to a wastewater works
and/or storm sewer works
s. 15.1(b)(i)
$275.00
41.
Fail to provide a spill report to the Municipality within 5 working days after a spill
s. 15.2
$275.00
42.
Fail to contain a spill
s. 15.3
$500.00
43.
Fail to clean up a spill and associated residue
s. 15.3
$500.00
44.
Hinder or prevent the Municipality from carrying out any of his/her powers or duties
s. 16.2
$175.00
45.
Damage or permit damage to a device installed in a wastewater works
s. 18.1
$500.00
46.
Tamper with a device installed in a wastewater works
s. 18.1
$500.00
47.
Fail to install a monitoring access point
s. 19.1
$300.00
48.
Fail to install an alternative device
s. 19.1
$300.00
49.
Fail to maintain a monitoring access point
s. 19.3
$200.00
50.
Fail to ensure monitoring access point is accessible at all times
s. 19.4
$200.00
51.
Fail to submit a compliance program progress report within 14 days of scheduled s. 20.6
$225.00
The Corporation of the City of Brockville
Schedule "E" - PART 1 Provincial Offences Act
By-Law Number 046-2014 To regulate the use of sewers within the City of Brockville
Set Fine Schedule
Note: Penalty provision for the offences indicated above is Section 22.2 of By-law No.046-2014, a certified copy of which has been filed.
ITEM
Column 1
Short form wording
Column 2
Provision
creating or
defining
offence
Column 3
SET FINE
completion date
52.
Discharge wastewater that may result in a health or safety hazard
Sched. A,1,a
$500.00
53.
Discharge wastewater that may result in an offensive odour to emanate from sewage
works
Sched. A,1,f
$500.00
54.
Discharge wastewater that may result in damage to the sewage works
Sched. A,1,g
$500.00
55.
Discharge wastewater that may result in an obstruction in the sewage works
Sched. A,1,h
$500.00
56.
Discharge wastewater that results in a reading on an explosion hazard meter of two parts
per million atmospheric hydrogen sulphide or greater
Sched. A,1,i,iii
$500.00
57.
Discharge wastewater with two or more separate liquid layers to the sanitary or combined
sewer
Sched. A,2
$500.00
58.
Discharge hazardous industrial waste to the sanitary or combined sewer
Sched. A,3,a
$500.00
59.
Discharge hazardous waste chemicals to the sanitary or combined sewer
Sched. A,3,b
$500.00
60.
Discharge wastewater that contained combustible liquid to the sanitary or combined sewer Sched. A,3,c
$500.00
61.
Discharge wastewater that contained fuel to the sanitary or combined sewer
Sched. A,3,g
$500.00
62.
Discharge leachate to the sanitary or combined sewer
Sched. A,3,j
$500.00
63.
Discharge ignitable waste to the sanitary or combined sewer
Sched. A,3,k
$500.00
64.
Discharge pesticides to the sanitary or combined sewer
Sched. A,3,n
$500.00
65.
Discharge stormwater to the sanitary or combined sewer
Sched. A,3,s
$500.00
The Corporation of the City of Brockville
Schedule "E" - PART 1 Provincial Offences Act
By-Law Number 046-2014 To regulate the use of sewers within the City of Brockville
Set Fine Schedule
Note: Penalty provision for the offences indicated above is Section 22.2 of By-law No.046-2014, a certified copy of which has been filed.
ITEM
Column 1
Short form wording
Column 2
Provision
creating or
defining
offence
Column 3
SET FINE
66.
Discharge water from drainage to the sanitary or combined sewer
Sched. A,3,s
$500.00
67.
Discharge water from a watercourse to the sanitary or combined sewer
Sched. A,3,s
$500.00
68.
Discharge uncontaminated water to the sanitary or combined sewer
Sched. A,3,s
$500.00
69.
Discharge water from a source other than the City water supply to the sanitary or
combined sewer
Sched. A,3,t
$500.00
The fine amounts listed above have been approved by the Regional Senior Justice. Dated: August 19, 2024.
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice - East Region