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BY-LAW NO. 69-2024
A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE TO
REGULATE OR PROHIBIT THE DISCHARGE OF WATER AND WASTE INTO THE
MUNICIPAL SANITARY OR STORM SEWER SYSTEMS AND WASTEWATER
TREATMENT WORKS, INCLUDING INDUSTRIAL WASTE.
WHEREAS pursuant to Section 8 of the Municipal Act, 2001 (S.O. 2001, c.25), a
municipality under this or any other Act shall be interpreted broadly so as to confer broad
authority on the municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal issues.
AND WHEREAS Section 9 of the Municipal Act, 2001 (S.O. 2001, c. 25), provides that
a municipality has the capacity, rights, powers, and privileges of a natural person for the
purpose of exercising its authority under this or any other Act.
AND WHEREAS Section 10 of the Municipal Act, 2001 (S.O. 2001, c. 25), permits a
single tier municipality to pass by-laws respecting public assets of the municipality, the
economic, social, and environmental well-being of the municipality, including
respecting climate change and the health & safety and well-being of persons, and
includes the protection of persons and property, including consumer protection.
AND WHEREAS Sections 78 to 93 of the Municipal Act, 2001 (S.O. 2001, c. 25), as
amended, provides municipalities with specific powers with respect to the provision of
public utility services to the municipality which includes section 87 which states a
municipality may enter on land, at reasonable times, to inspect the discharge of any matter into
the sewage system of the municipality or into any other sewage system the contents of which
ultimately empty into the municipal sewage system and may conduct tests and take samples
for this purpose.
NOW THEREFORE the Council of the Corporation of the Town of Carleton Place enacts as
follows:
1. DEFINITIONS
1.1In this By-law, including the recitals thereto:
"Accredited laboratory" means any laboratory accredited by an authorized
accreditation body in accordance with a standard based on "CAN-P-1585:
Requirements for the Accreditation of Environmental Testing Laboratories"
established by the Standards Council of Canada, as amended, or "ISO/IECEN
17025: General Requirements for Competence of Calibration and Testing
Laboratories" established by the International Organization for Standardization, as
amended.
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"Acute hazardous waste chemical" means a material which is an acute hazardous
waste chemical within the meaning of Ontario Regulation 347 made under the
Environmental Protection Act as amended, repealed, or replaced from time to time
(the EPA).
"Automatic sampling device" means a device used to collect liquid sampling
automatically using preset conditions such as time, frequency or quantity.
"Biochemical oxygen demand" (BODs) means carbonaceous oxygen demand
(biochemical) as determined by Standard Methods when an inhibiting chemical has
been added to prevent the oxidation of reduced forms of nitrogen, expressed in
milligrams per litre.
"Blowdown" means the discharge of recirculating non-contact cooling water or
heating water for the purpose of discharging materials contained in the water, the
further build-up of which would cause concentrations in the amounts exceeding
limits established by best engineering practices.
"Chemical oxygen demand" (COD) means the measurement of the capacity of
water consuming oxygen as a result of oxidation of inorganic chemical and
decomposition of organic matter.
"Commercial waste chemical" means a material which is a commercial waste
chemical within the meaning of Ontario Regulation 347, made under the EPA, as
amended, repealed, or replaced from time to time.
"Composite sample" means a sample which is composed of a series of grab
samples taken at intervals during the sampling period.
"Concentration" means the content of any element or compound relative to the
total volume in which it is contained.
"Council" means the Council of the Town of Carleton Place.
"Cyanide (total)" means all the CN groups in cyanide compounds as determined by
Standards Methods.
"Director" means the Director of Public Works for the Town of Carleton Place, or
their designate.
"Discharger" means any owner or operator of industrial, commercial, or institutional
premises from which there is a release of any matter or contaminated water
directly or indirectly into a sanitary sewer or storm sewer of the Town.
"Discharger abatement order" means an order issued by the Director to a
nondomestic wastewater discharger of non-domestic waste to alter or cease
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nondomestic wastewater discharge into the sanitary system sewer.
"Domestic wastewater" means waste produced on residential premises, or sanitary
waste and wastewater from showers and restroom washbasins produced on a non-
residential property.
"Flow proportional composite sampling" means sampling with a piece of equipment
that can operate continuously and automatically adjusting, at time intervals not
exceeding 30 minutes, either the volume of effluent sub-samples or the time
interval between the collection of sub-samples, to the rate of flow in effluent
stream.
"Fuels" includes any ignitable liquid intended for use as a fuel with a flash point
less than 61 degrees Celsius as determined by one of the methods in Ontario
Regulation 347, made under the EPA, as amended, repealed, or replaced from
time to time, and includes gasoline, naphtha, diesel fuel or fuel oil.
"Grab sample" means a portion of the flow being sampled or taken at one
particular time and place.
"Gravity sewer" means sewer system relying on gradually sloping pipelines that
allow sewage to flow naturally downhill into the public sewage works.
"Hauled liquid wastewater" means leachate, septage and/or other wastewater,
which is transported by truck and discharged into the Town's wastewater system
under certain conditions, at a hauled liquid wastewater facility.
"Hauled liquid wastewater facility" means an approved depot which may accept
hauled liquid wastewater transported by truck and discharged into the Town's
wastewater under certain conditions.
"Hauled liquid wastewater hauler" means an approved person who has the
appropriate approvals and permits to the satisfaction of the Director and who may
discharge hauled liquid wastewater transported by truck at a hauled liquid facility.
"Hauled liquid wastewater - inside municipal boundaries" means hauled liquid
wastewater and/or leachate which is generated from a source within the Town's
municipal boundaries, proof of which must be acceptable to the Director.
"Hauled liquid wastewater - outside municipal boundaries" means hauled liquid
wastewater and/or leachate which is generated from a source outside the Town's
municipal boundaries.
"Hazardous industrial waste" means a material which is a hazardous industrial
waste within the meaning of Ontario Regulation 347, made under the EPA, as
amended, repealed, or replaced from time to time.
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"Hazardous waste chemical" means a material which is a hazardous waste
chemical within the meaning of Ontario Regulation 347, made under the EPA.
"Ignitable waste" means a material which is an ignitable waste within the meaning
of Ontario Regulation 347, made under the EPA.
"Industrial" means of or pertaining to industry, manufacturing, commerce, trade,
business, or institutions as distinguished from domestic or residential.
"Industrial wastes" means all water carrying wastes and wastewaters, excluding
domestic wastewater and uncontaminated water, and shall include all wastewater
from any producing, manufacturing, processing, institutional, commercial,
agricultural, or other operation where the wastewater discharged includes
significant quantities of waste of non-human origin.
"Interceptor" means a receptacle that is designed and installed to prevent oil, grease, sand,
or other materials from passing into a drainage system.
"Kjeldahl nitrogen (total) (TKN)" means organic nitrogen and ammonia determined
together in accordance with Standard Methods.
"Leachate" means contaminated water that is created in landfills, resulting from
rain, melting snow or liquid that filters through landfill waste picking up and
carrying with it dissolved materials.
"Low pressure system" means a sewage system where the wastewater is
discharged to an on-property pumping station incorporating a grinder pump before
entering the public sewage works.
"Municipal Agent" means the Director, any agent engaged by the Town and
directed by the Director, and any person appointed by the Council to carry out
inspections in respect to discharges prohibited or regulated by this By-law.
"Owner" or "Operator" means the owner or operator of any facility or activity
subject to the provisions of this By-law.
"Pathological waste" means a material which is pathological waste within the
meaning of Ontario Regulation 347, made under the EPA, or any material which
may be designated in writing by the Chief Medical Officer of Health (Ontario).
"PCB" means any monochlorinated or polychlorinated biphenyl or any mixture of them,
or mixture that contains one or more of the, as determined by Standard Methods.
"PCB waste" means a PCB waste within the meaning of Ontario Regulation 352, made
under the EPA.
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"Person" means an individual, association, partnership, corporation, Municipality,
Provincial or Federal agency, or an agent or employee thereof.
"Pesticides" means a pesticide regulated under the Pesticide Act, R.S.O. 1990 as
amended, repealed, or replaced from time to time.
"pH" means the logarithm to the base 10 of the reciprocal of the concentration of
hydrogen ions as determined by Standard Methods.
"Phenolic compounds" means any hydroxy derivative of benzene, to its condensed
nuclei, as determined by Standard Methods.
"Phosphorus" means total phosphorus as determined by Standard Methods.
"Plumbing system" means the system of connected piping, fittings, valves,
equipment, fixtures, laterals and appurtenances contained in private sewage works
which convey waste to sewer outlets.
"Private sewage works" means a sewage system or sewage works which is not
owned by the Town.
"Public sewage works" means all sewers, sewage works, gravity sewers, low
pressure systems, sewage pumping stations, sewage treatment plants and other
works for the collection owned by the Town, acceptance, transmission, treatment,
and disposal of liquid- borne wastes and storm water.
"Sanitary building drain" means a building drain that conducts sewage to a building sewer
from the most upstream soil or waste stack, branch or fixture drain serving a water closet.
"Sanitary building sewer" means a pipe that is connected to a sanitary building drain 1 000
mm outside a wall of a building and that conducts sewage to a public sewer or private
sewage works.
"Sanitary sewer" means a sewer for the collection and transmission of domestic,
commercial, institutional, or industrial sewage or any combination thereof.
"Severely toxic material" means any material listed in Schedule 3 of Ontario
Regulation 347, made under the EPA.
"Septage" means all matter, liquid and solid, that is pumped out of septic tanks
and/or holding tanks from residential, commercial, and industrial properties which
are not connected to the Town's sewer system.
"Sewage" means any liquid waste containing animal, vegetable, or mineral matter
in solution or in suspension, but does not include stormwater or uncontaminated
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water.
"Sewage works" means any works for the collection, transmission, treatment or
disposal of sewage, stormwater, or uncontaminated water, including a 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 applies.
"Standard Methods" means the latest version or edition of 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 Water Environment Federation, or an Ontario Ministry of Environment
Conservation and Parks approved procedure, or a procedure, modified or validated
by the Town, or by equipment manufacturers.
"Storm sewer" means a sewer for the collection and transmission of stormwater,
drainage from land or from a watercourse or any combination thereof.
"Storm water" means water from rainfall or other natural precipitation or from
melting of snow or ice runoff.
"Suspended solids" means undissolved or insoluble total suspended matter which
is borne by a liquid or contained in wastewater.
"Town" means the Corporation of the Town of Carleton Place.
"Waste" means all manner of liquids and liquid-borne matter but does not include
storm water entering a sewer.
"Waste sharps" means a form of biomedical waste composed of used "sharps", which
includes medical materials such as hypodermic needles, as well as any device or object
used to puncture or lacerate the skin.
"Wastewater" means the composite of water and water-carried wastes from residential,
commercial, industrial, or institutional premises or any other source.
"Wastewater sludge" means solid material recovered from the wastewater treatment
process.
2. APPICATION OF BY-LAW
2.1
Nothing in this By-law is to be construed as purporting to permit anything which by
the provision of any applicable Statute or Regulation is prohibited, and where there
is a conflict between provisions of any applicable Statute or Regulation and the
provisions of this By-law, the provisions of the Statute or Regulations shall prevail.
2.2
This By-law is and shall be known as the "Sewer Use By-law."
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2.3
This By-law shall be administered by the Director of Public Works or their designate.
3. ADMINISTRATION
3.1
Council delegates authority to the Director of Public Works, or their designate, to
execute all agreements referenced by this By-law on behalf of the Town.
3.2
This By-law shall be enforced by a Municipal Law Enforcement Officer.
4. SANITARY SEWER REQUIREMENTS
4.1
No person shall release or permit the release of any matter into the sanitary
sewer system except:
4.1.1 Domestic wastewater.
4.1.2 Non-domestic wastewater that complies with the requirements of this By-law.
4.2
No person shall release or permit the release of any restricted substance which
exceeds the respective concentrations in Section 6 of this By-law into the
sanitary sewer system.
4.3
No person shall release, or permit the release of, any restricted substance which
exceeds the respective concentrations listed in Section 7 of this By-law into the
sanitary sewer collection system.
4.4
If required by the Town, all non-domestic dischargers shall complete and submit
"Discharge Information Report" to the Director of Public Works or their designate.
4.5
The Director may, when a person is not in compliance with this By-law or a
permit or agreement issued pursuant to the By-law, issue a Discharge
Abatement Order to:
4.5.1 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.
4.5.2 Shut down all non-compliant releases.
4.6
The Director may amend or cancel a Discharge Abatement Order based on
noncompliance with this By-law or a permit or agreement issued pursuant to this
By-law.
5. STORM SEWER REQUIREMENTS
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5.1
No person shall discharge or deposit or cause or permit the discharge or deposit
of matter of any type into a storm sewer, watercourse, land drainage works,
municipal or private sewer connection to any storm sewer which may:
5.1.1 Interfere with proper operation of a storm sewer.
5.1.2 Obstruct or restrict a storm sewer or the flow therein.
5.1.3 Damage a storm sewer.
5.1.4 Result in any hazard or other adverse impact to any person, animal,
property, or vegetation.
5.1.5 Impair the quality of water in any well, lake, river, pond, spring, stream,
reservoir or other water or watercourse; or
5.1.6 Contravene or result in the contravention of approved discharge quality or
quantity with respect to the storm sewer, its discharge, or both the sewer
and its discharge.
5.2 No person shall discharge or deposit or cause or permit the discharge or deposit
of any prohibited substances listed in Section 6 of this By-law into a storm
sewer, watercourse, land drainage works, municipal or private sewer connection
to any storm sewer.
5.3
Every property owner shall ensure that appropriate and necessary practices are
undertaken to prevent prohibited discharges described in Section 6 of this By-law
and to prevent discharge of suspended solids (total) in excess of 15 milligrams
per litre (15mg/L) as a result of activities on their property, including:
5.3.1 Construction activities that may result in erosion or sediment runoff
from the property; and
5.3.2 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.
6. PROHIBITED WASTE - SANITARY AND STORM SEWERS
6.1
No person or dwelling shall have a roof drain, downspout, sump pump,
foundation drain or any other storm water discharge connection to the sanitary
sewer lateral or plumbing system.
6.2
No person shall discharge directly, or indirectly, or deposit, or cause, or permit
the discharge, or deposit of wastewater into a sanitary sewer, municipal, or
private sewer connection to any sanitary sewer in circumstances where:
6.2.1 To do so may cause or result in:
6.2.1.1
A health or safety hazard to a person authorized by the
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Town to inspect, operate, maintain, repair or otherwise
work on the wastewater works.
6.2.1.1
An offence under the Ontario Water Resources Act, R.S.O.
1990, c. 0.40, as amended (the "OWRA") or the EPA, or
Fisheries Act, each as amended, or any regulation made
thereunder from time to time.
6.2.1.2
Wastewater sludge from the wastewater treatment plant
facility works to which either wastewater discharges,
directly or indirectly, fail to meet the objectives and criteria
as listed in the Nutrient Management Act, 2002, S.O. 2002,
c. 4, as amended, and any successor guidelines or
regulation(s), (the "NMA").
6.2.1.3
Interference with the operation or maintenance of a
wastewater works, or which may impair or interfere with
any wastewater treatment process.
6.2.1.4
A hazard to any person, animal, property, or vegetation.
6.2.1.5
An offensive odour to emanate from wastewater works and
without limiting the generality of the foregoing, wastewater
containing hydrogen sulphide, carbon disulphide, or reduced
sulphur compounds, amines or ammonia in such quantity as
may cause an offensive odour.
6.2.1.6 Damage to the wastewater works; or
6.2.1.7
An obstruction or restriction to the flow in wastewater.
6.2.2 The wastewater has two or more separate layers; or
6.2.3 The wastewater contains:
6.2.3.1
Solid or viscous substances of quantities of such size to be capable
of causing an obstruction in the flow in a sewer.
6.2.3.2 Hazardous substances.
6.2.3.3
Combustible liquid.
6.2.3.4
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 the "Laboratory Biosafety
Guidelines" published by Health Canada, dated 2004, as
amended.
6.2.3.5 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, material from distal ileum of cattle
of all ages.
6.2.3.6
Dyes or colouring materials which may or could pass
through a wastewater works and discolour the wastewater
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works effluent.
6.2.3.7 Fuel.
6.2.3.8
Ignitable waste.
6.2.3.9
Pathological waste.
6.2.3.10
PCBs.
6.2.3.11
Pesticides which are not otherwise regulated in this By-law.
6.2.3.12
Herbicides which are not otherwise regulated in this By-law.
6.2.3.13
Reactive wastes.
6.2.3.14
Toxic substances which are not otherwise regulated in this By-
law.
6.2.3.15
Waste radioactive substances in excess of concentrations
greater than those specified for release to the environment
under the Nuclear Safety and Control Act S.C, 1997, c. 9 and
any Regulations passed thereunder, as amended.
6.2.3.16
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.
6.2.4 No person shall discharge or deposit or cause or permit the discharge
or deposit of any matter into a storm sewer, watercourse, land drainage
works, municipal or private sewer connection to any storm sewer,
where the matter:
6.2.4.1
Is chlorinated water, saltwater, blowdown water, contact
cooling water, or non-contacting cooling water.
6.2.4.2
Has one or more of the following characteristics:
6.2.4.2.1
Visible film, sheen, or discolouration.
6.2.4.2.2
Two or more separate layers.
6.2.4.2.3
A pH less than 6 or greater than 9.5.
6.2.4.2.4
A temperature greater than 40 degrees Celsius.
6.2.4.2.5
A BODs concentration greater than 20mg/L
or a total suspended solids concentration
greater than 30mg/L.
6.2.4.2.6
Is from a sanitary sewer; or
6.2.4.2.7
Water containing any of the following in excess of
the indicated concentrations:
Substance
Expressed
as
Maximum Allowable
Concentration
(mg/L)
Cobalt
Co
5mg/L
Molybdenum
Mo
5mg/L
Copper
Cu
2mg/L
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Zinc
Zn
2mg/L
Arsenic
As
1mg/L
Chromium
Cr
1mg/L
Nickel
Ni
1mg/L
Selenium
Se
0.8mg/L
Cadmium
Cd
0.7mg/L
Silver
Ag
0.4mg/L
Cyanides
0.lmg/L
Phenols
Total
40ug/L
Mercury
Hg
40ug/L
Hydrogen Sulphide
H2S
Any amount
Carbon Disulphide
CS2
Any amount
6.2.5 Contains one or more of the following:
6.2.5.1 Hazardous Substances:
6.2.5.1.1
Combustible liquid.
6.2.5.1.2
Biomedical waste, including any of the following
categories: human anatomical waste, animal
waste, untreated microbiological waste, waste
sharps and human blood and body fluids know to
contain viruses and agents listed in the "Risk
Group 4 as defined in a "laboratory Biosafety
Guidelines" published by Health Canada, dated,
2004, as amended.
6.2.5.1.3
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, material from
distal ileum of cattle of all ages.
6.2.5.1.4
Dyes or colouring materials which may or could
pass through a wastewater works and discolour
the wastewater works effluent.
6.2.5.1.5
Fuel.
6.2.5.1.6
Ignitable waste.
6.2.5.1.7
Pathological waste.
6.2.5.1.8
PCBs.
6.2.5.1.9
Pesticides which are not otherwise regulated in this
By-law.
6.2.5.1.10
Herbicide which are not otherwise regulated in this
By-law.
6.2.5.1.11
Reactive wastes.
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6.2.5.1.12
Toxic substances which are not otherwise
regulated in this By-law.
6.2.5.1.13
Waste radioactive substances more than
concentrations greater than those specified for
release to the environment under the Nuclear
Safety and Control Act S.C, 1997, c. 9 and any
Regulations passed thereunder, as amended.
6.2.5.1.14
Solid or viscous substances in quantities 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.
6.2.5.1.15
Hauled wastewater; or
6.2.5.1.16
Hauled waste.
6.2.6
Contains E. coli colonies in excess of 200 cfu/100ml.
7. RESTRICTED WASTES - SANITARY SEWER DISCHARGES
Conventional Contaminants and Physical Parameters
Substance
Maximum
Allowable
Concentration
(mg/L)
Biochemical Oxygen Demand (BODs)
300mg/L
Total Suspended Solids
300mg/L
Nitrogen, Total Kjeldahl (TKN)
50mg/L
Phosphorus, Total
10mg/L
pH
6 to 9.5
Temperature
60 Degrees
Celsius
Oil & Grease - animal and vegetable
150mg/L
Oil & Grease - mineral and synthetic/ hydrocarbon
15mg/L
Organic Contaminants
Substance
Maximum Allowable
Concentration
(mg/L)
Benzene
0.01mg/L
Chloroform
0.04mg/L
Dichlorobenzene (1,2-)
0.05mg/L
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Dichlorobenzene (1,4)
0.08mg/L
Ethylbenzene
0.06mg/L
Hexachlorobenzene
0.0001mg/L
Methylene chloride (dichloromethane)
0.09mg/L
PCBs (chlorobiphenyls)
0.004mg/L
Phenols, total (or phenolic)
0.lmg/L
Tetrachloroethane (1, 1,2, 2-)
0.06mg/L
Tetrachloroethylene
0.06mg/L
Toluene
0.02mg/L
Trichloroethylene
0.05mg/L
Xylenes, total
0.3mg/L
Inorganic Contaminants
Substance
Concentration Limit
Arsenic, total
l.0mg/L
Cadmium, total
0.7mg/L
Chromium, total
2.8mg/L
Chlorides (as Cl)
1500mg/L
Cobalt
5.0mg/L
Copper, total
2.0mg/L
Cyanide, total
1.2mg/L
Lead, total
0.7mg/L
Mercury
0.0lmg/L
Molybdenum, total
5.0mg/L
Nickel, total
2.0mg/L
Selenium, total
0.8mg/L
Silver, total
0.4mg/L
Sulphates (as SO4)
1500mg/L
Sulphides (as H2S)
l.0mg/L
Zinc, total
2.0mg/L
8. PROHIBITION OF DILUTION
8.1. No person shall discharge directly or indirectly or permit the discharge or deposit of
wastewater into a sanitary sewer works where water has been added to the
discharge for the purposes of dilution to achieve compliance with Section 6 or
Section 7 of this by-law.
8.2 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 6 of this By-law.
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9. SAMPLING
9.1. Where sampling is required for the purposes of determining the concentration
of constituents in the wastewater, storm water or uncontaminated water, the
sample may:
9.1.1. Be collected by grab or by using an automatic sampling device; and,
9.1.2. Contain additives for its preservation.
9.2.
For the purpose of determining compliance with Section 6 or Section 7, discrete
wastewater streams within premises may be sampled, at the discretion of the
Director.
9.3.
Any single grab sample may be used to determine compliance with Section 6 or
Section 7. Alternatively, the discharger from the premises may compensate the
Town for the purchase and installation of an automatic sampling device for the
purposes of collecting a composite sample.
9.4.
All test, measurements, analyses and examinations of wastewater, its
characteristics, or contents pursuant to this By-law shall be carried out in
accordance with "Standard Methods" and be performed by a laboratory
accredited for the analysis of the particular substance(s) using a method which is
within the laboratory's scope of accreditation or to the satisfaction of the Director
as agreed in writing prior to sample analysis.
9.5.
Where a sample is required for the purpose of determining the characteristics or
contents of the wastewater or storm water to which reference is made in the By-
law:
9.5.1. One sample alone is sufficient and, without limiting the generality of
foregoing, the sample may be a grab sample or a composite sample, may
contain additives for its preservation and may be collected manually or by
using an automatic sampling device.
9.5.2. Except as otherwise specifically provided in the By-law, all analytical
tests, measurements, analyses and examination of sewage, water and
storm water shall be carried out in accordance with Standard Methods.
9.5.3. For each one of the metals whose concentrations is limited under the
regulation contained in this By-law, the analysis shall be for the quantity
of total metal, which includes all metals, both dissolved and particulate.
10.
DISCHARGER SELF-MONITORING
10.1. The discharger shall complete any monitoring or sampling of any discharge to a
wastewater works as required by the Town and provide the results to the Director in the
form specified by the Director.
10.2. The obligations set out in or arising out of Section 10.1 shall be completed
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at the expense of the discharger.
11.
ADDITIONAL REQUIREMENTS
11.1. Food Waste Grinding
Food waste grinding devices installed prior to the passing of this by-law for industrial
or commercial purposes, the effluent from which will discharge directly or indirectly
into the sewage works can remain in operation provided:
11.1.1. Food waste grinding devices were installed in compliance with the Ontario
Building Code, manufacturers installation instructions, and good engineering
practices when connected to drainage system that has final discharge located
in a municipal sanitary sewer. In the event that accumulations of food waste
are detected in a municipal sewer and such accumulations are being caused by
the operation of a food waste grinding device:
11.1.1.1.
The sewer shall be cleaned at the expense of the Owner of the
establishment or property operating the food waste grinder; and
11.1.1.2.
The Owner of the food waste grinder shall be required to make
such improvements to the operation or maintenance of the food
waste grinder as the Town deems necessary in order to prevent
further accumulations:
11.1.1.3.
The Owner of the food waste grinder may be required by the
Town to discontinue the use of the device.
11.1.2. Where the Town can observe food waste being improperly discharged from
a building or property into a municipal sanitary sewer, the Town may take
actions to discontinue connection to the municipal system until such time
that the condition is corrected.
11.2. Grease / Sediment Interceptors
11.2.1. Interceptors for oil and grease - required for every Owner or occupant 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.
11.2.2. Interceptors for oil and lubricating grease - required for every Owner or
occupant of a commercial, industrial, or institutional premises at which floor
drains of a service garage are connected directly or indirectly to a sewer
shall install and maintain an oil interceptor designed to prevent motor oil and
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lubricating grease from passing into drainage piping which is connected
directly or indirectly to a sewer.
11.3. Dental Waste Amalgam Separator
11.3.1. Every dental practice shall comply with the Dentistry Act, 1991, S.O. 1991,
c.24, and the regulations made there under, as amended from time to
time, for management and disposal of amalgam waste.
11.3.2. A record of the installation and/or maintenance shall be submitted to the
Director upon request for each dental amalgam separator installed.
11.3.3. A record of inspection and any documentation related to the installation of
the dental amalgam separator shall be submitted to the Director upon
request for each dental amalgam separator installed.
11.4. Interceptors - Maintenance and Inspection Required
11.4.1. Every grease interceptor and sediment interceptor shall be installed,
operated, and maintained in accordance with the manufacturer's instructions,
and shall be inspected and cleaned annually to ensure that it is operating
effectively.
11.4.2. Owners / occupants having interceptors shall keep records of interceptor
maintenance including date(s) which cleaning and / or maintenance
occurred, the person or company responsible, and the method and
destination of waste disposal. These records shall be made available
immediately to the Town upon request.
12. WATER ORIGINATING FROM A SORCE OTHER THAN THE TOWN'S WATER
SUPPLY
12.1 The discharge of water originating from a source other than the Town water supply,
including storm water or ground water, directly or indirectly to a sanitary sewer works
is prohibited, unless the discharge does not exceed the limits set out under Section
7, with respect to biochemical oxygen demand, total Kjeldahl nitrogen, total
phosphorus, or total suspended solids.
13.
SPILLS
13.1. 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 of the spill to:
a. Ministry of Environment Conservation and Parks Spills Action Center (1-800-268-
6060),
b. The Town (613-257-2253); and
c. Call 911 only if the incident poses a health or safety concern.
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d. The person shall provide a detailed report on the spill to the Director, within 24
hours after the spill, containing the following information to the best of their
knowledge:
13.1.1
Name of the company and location of spill.
13.1.2
Name and telephone number of the person who reported the spill and
location and time where they can be contacted.
13.1.3
Date and time of the spill.
13.1.4
Material spilled.
13.1.5
Characteristics and composition of material spilled.
13.1.6
Volume of material spilled.
13.1.7
Duration of spill event.
13.1.8
Work completed and any work still in progress in the mitigation of the spill.
13.1.9
Preventative actions being taken to ensure a similar spill does not occur
again; and
13.1.10
Copies of applicable spill prevention and spill response plans.
13.2 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.
13.3 Nothing in this By-law relieves any persons from complying with any
notification or reporting provisions of:
13.3.1
Other government agencies, including federal and provincial agencies,
as required and appropriate for the material and circumstances of the
spill; or
13.3.2 Any other By-law of the Town.
13.4 The Town will invoice the individual / business responsible for the spill to
recover costs of time, materials, remediation, and services arising as a result of
the spill. The individual / business responsible for the spill shall pay all the costs
invoiced.
13.5 The Town may require the person / business responsible for the spill to prepare
and submit a spill contingency plan to the Town to indicate how risk of future
incidents will be reduced and how future incidents will be addressed.
14.
DISCONNECTION OF SEWER
14.1 The Director may, in addition to any other remedy available, disconnect, plug, or
seal off the sewer line discharging the unacceptable wastewater in the
wastewater collection system or take such other action as is necessary to prevent
such wastewater from entering the wastewater collection system if the
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wastewater is considered to be:
14.1.1
Hazardous or creates an immediate danger to any person:
14.1.2
Endangers or interferes with the operation of the wastewater
collection or treatment system; or
14.1.3 Causes, or is capable of causing, an adverse effect.
14.2 The wastewater may be prevented from being discharged into the wastewater
collection system until evidence satisfactory to the Director has been produced to
assure that no further discharge of hazardous wastewater will be made to the
wastewater collection system.
14.3 Where the Director takes action pursuant to Section 14.1, the Director 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 Town for all
such costs which were incurred.
15.
COMPLIANCE PROGRAMS
15.1 Any person may submit to the Director a proposed compliance program setting
out activities to be undertaken by the person that would result in compliance with
this By-law.
15.2 Proposed compliance programs must be submitted by the person to the Town
within 30 days from the date of a violation notice requesting submission of
compliance program.
15.3 The Director at their discretion will establish a compliance program that will permit
a person to discharge non-complying sewage upon such terms and conditions
deemed appropriate by the Director. The person shall be entitled to make
noncomplying discharges in the amount and only to the extent set out in the
Town's approval during the planning, design and construction or installation of
facilities or works needed to implement the approved compliance program.
15.4 Compliance programs shall contain but are not limited to the following information:
15.4.1 Final activity completion date not later than the final compliance
date in the compliance program.
15.4.2 Specific length of time during which pre-treatment facilities or other
measure are to be installed or implemented.
15.4.3 Specific as to the remedial actions to be implemented by the industry.
15.4.4 Dates of commencement and completion of the activity; and:
15.4.5
Materials or other characteristics of the matter to which it relates.
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15.5 The Director is authorized to execute agreements with persons with respect to
approved compliance programs.
15.6 The person to which a compliance program has been approved shall submit a
compliance program progress report to the Director within 14 days after the
scheduled completion date of each activity listed in the compliance program.
15.7 The Director may terminate any approved compliance program entered into
pursuant to Section 19 by written notice at any time to the person in the event that
the person fails or neglects to carry out or diligently pursue the activities required
of it under its approved compliance program.
16.
MONITORING ACCESS POINTS
16.1 The owner or operator of commercial, institutional or industrial premises or
multi-story 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 stormwater therein, provided that,
where installation of a monitoring access point is not possible, an alternative
device or facility may be substituted with the prior approval of the Director.
16.2 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 Director has given prior
written approval for a different location.
16.3 Each monitoring access point, device or facility installed shall be designed and
constructed in accordance with good engineering practices and the requirements
of the Town and shall be constructed and maintained by the owner or operator of
the premises at his or her expense.
16.4 The owner or operator of an industrial, commercial, or institutional premise or a
multi- story residential building shall at all times ensure that every monitoring
access point, alternative device or facility installed as required by this By-law is
uncovered and accessible to the Director for the purpose of observation,
sampling and flow measurement of wastewater, uncontaminated water or
stormwater therein.
16.4.1
The following discharge activities require sampling ports when it is not
possible to install a monitoring access point:
16.4.1.1
Dental Offices; and
16.4.1.2
Business using photographic processing units.
17.
ENFORCEMENT
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17.1 Every person who fails to comply with any provision of this By-law shall be guilty of an
offence and liable to a fine as prescribed by the Provincial Offences Act.
17.2 A Municipal Law Enforcement Officer may request from an Owner at any reasonable
time the following information:
17.2.1
Information that is relevant to demonstrating compliance to any provision of
this By-law.
17.2.2 The continuation of a condition violating the provisions of the By-law shall
be considered a violation, notwithstanding that it existed prior to the
passage hereon.
17.3 Prior to commencing a prosecution or issuing an order under this section, the
Director shall ensure that:
17.3.1 The alleged offender is served with a notice of violation, stating the
Town address for the property, that provides to the alleged offender
reasonable notice of the particulars of the non-compliance and the
required remedy, indicating the time for complying with the By-law
and/or permit or agreement issued pursuant to this By- law and
indicating that the offender may be charged or incur additional fines or
costs in the event the non-compliance continues beyond the time set
out in the notice of violation for compliance;
17.3.2 A notice of violation issued pursuant to this section may require the
offender to develop and implement a compliance program in accordance
with Section 16 of this By-law that is to the satisfaction of the Director;
and,
17.3.3 The notice of violation shall be served on the owner of the property and
such other persons affected by it as the Director determines and a copy of
the notice of violation may be served by being posted on the property in a
location visible to the public.
18.
DAMAGE TO MUNICIPAL SANITARY OR STORM SEWER WORKS
18.1 Any person discharging matter, sewage, uncontaminated water, or storm water to the
municipal sewage works shall be responsible for ensuring that such matter, sewage,
uncontaminated water, or storm water conforms at all times to the provisions of this by-
law, and shall be liable for any damage or expense arising out of any failure to properly
check and control such discharge, including the cost of investigating, repairing, cleaning
or replacing any part of any municipal sewage works damaged thereby.
18.2 Every person who damages or causes or permits to be damaged any sewer lateral, or
structures belonging to the Town or impairs or causes or permits the same to be altered
or impaired, shall be liable for any damage or expense arising out of any such damage,
including the cost of investigating, repairing, cleaning, or replacing any part of any
municipal sewage works damaged thereby.
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19.
ACCESS TO INFORMATION
19.1 All information submitted to or collected by the Town in accordance with this By-law
will be subject to the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990, c. M. 56 as amended.
20.
LIMITATION
20.1 Nothing in this By-law shall be so construed as to permit anything, which by the
provisions of any applicable Act, Regulation of By-law is otherwise prohibited.
21.
EXCEPTIONS
21.1 This By-law does not apply to the discharger of any matter or sewage, in an
emergency, as determined and approved by the Medical Officer of Health, in the
exercise of their authority under the Health Protection and Promotion Act, R.S.O.
1990, c.H.7.
22.
REPEAL
22.1 Sewer Use By-law 11-71 and all amendments thereto are hereby repealed.
23.
ENACTMENT
23.1 This By-law shall come into full force and effect on the date of passing.
READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY PASSED THIS 24
DAY OF SEPTEMBER, 2024.
Toby Randell, Mayor
Stacey Blair, Clerk