Sewer Use By-law 2022-66

Centre Wellington, Ontario · adopted 2022-08-22

This is the exact embedded text of the captured official document. Snapshot 53c7eb407951 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

The Corporation of the Township of Centre Wellington By-law 2022-66 A By-law to Prohibit, Regulate and Control Discharge into Wastewater Systems and Spills in the Township of Centre-Wellington Whereas Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, hereinafter referred to as "the Act", provides that the powers of a municipality 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 Act 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 11 (2) of the Act permits a municipality to pass By-laws respecting public assets of the municipality, the economic, social and environmental well-being of the municipality, including climate change and the health, safety and well-being of persons; And Whereas Section 11 (3) of the Act authorizes a municipality to pass By-laws respecting matters concerning public utilities; And Whereas Section 87 of the Act authorizes a municipality to enter on property, at reasonable times, to inspect the discharge of any matter into the Township's wastewater system or into any other wastewater system the contents of which ultimately empty into the Township's wastewater system and may conduct tests and take samples for this purpose; And Whereas Section 78 to 93 of the Act provides a municipality with specific powers with respect to the provision of public utility services; And Whereas Section 391 (1) of the Act provides that a municipality may pass a By-law imposing fees or charges on persons for services or activities provided or done by or on behalf of it; And Whereas Section 398 (1) of the Act provides that fees and charges imposed by a municipality on a person constitute a debt on the person to the municipality; And Whereas Section 398 (2) of the Act provides that a municipality may add fees and charges to the tax roll of the property to which the public utility is supplied and collect them in the same manner as municipal taxes; And Whereas Section 436 (1) of the Act provides that a municipality may pass a By-law for the entry onto property at any reasonable time for the purpose of carrying out an inspection to determine compliance with a By-law; And Whereas Section 446 of the Act provides that a municipality may proceed to do things at a person's expense which that person is otherwise required to do under a By-law but has failed to do and the costs incurred by a municipality may be recovered by adding the costs to the tax roll and collecting them in the same manner as taxes; Now Therefore the Council of the Corporation of the Township of Centre Wellington hereby enacts as follows: Definitions 1.1 In this By-law: "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/IEC/EN 17025: General Requirements for Competence of Calibration and Testing Laboratories" established by the International Organization for Standardization, as amended or any successor thereof; "Appeal Tribunal" means an individual or a Committee appointed by Council to conduct hearings under this By-law; "Biochemical Oxygen Demand" or "BOD" means the determination of the molecular oxygen utilized during a five (5) day incubation period for the biochemical degradation of organic material (carbonaceous demand), and the oxygen used to oxide inorganic material such as sulphides and ferrous iron, and the amount of oxygen used to oxidize reduced forms or nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods; "Biomedical Waste" means biomedical waste as defined in the Ontario Ministry of the Environment Guideline C-4 titled "The Management of Biomedical Waste in Ontario" dated November 2009, as amended or any successor thereof; "Biosolids" means organic and solid material recovered from the wastewater treatment process; "Blowdown Water" means recirculating water that is discharged from a cooling or heating water system for the purpose of controlling the level of water in the system or for the purpose of discharging from the system materials contained in the system; "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended, or any successor thereof and its regulations; "Chemical Oxygen Demand" or "COD" means a measure of the capacity of water to consume oxygen as a result of oxidation of inorganic chemicals and decomposition of organic matter as determined by the appropriate procedure in Standard Methods; "Combustible Liquid" means a liquid that has a flash point at or above 37.8°C and at or below 93.3°C; "Commercial" means the use of lands for the supply and sale of goods and services; "Composite Sample" means three (3) or more grab samples of a discharge to wastewater works taken at intervals during the sampling that have been combined automatically or manually; "Connection" means that part or those parts of any pipe or system of pipes outside of a building leading directly to wastewater works and includes drainage service connections, drainage water pipes, sump pump discharge laterals, foundation drains and storm water leaders or downspouts; "Cooling Water" means water that is used in a process, for the purpose of removing heat and that may come into contact with any raw material, intermediate product, waste product or finished product, but does not include blowdown water; "Council" means the Council of the Township; "Dental Amalgam" means a dental filling material consisting of an amalgam of mercury, silver and other materials such as copper, tin or zinc; "Dental Amalgam Separator" means any technology, or combination of technologies, designed to separate dental amalgam particles from dental operation wastewater; "Dewatering Activity" means, (a) taking water from a well or otherwise extracting groundwater; (b) draining water from a permanent or temporary pond or other surface water body, whether natural or man-made; (c) releasing water previously stored in a tank, tanker truck, vessel, or other means of water storage; (d) the permanent or temporary alteration of a natural or pre-existing drainage pattern above or below ground; or (e) any combination of the above-noted activities, where the water from such activity would be discharged into Township wastewater works and such activity is related to a construction, development, renovation, repair, maintenance or demolition activity at a property; "Director" means the Managing Director of Infrastructure Services for the Township, or his/her designate; "Discharge" or "Discharged" or "Discharging" includes add, deposit, emit, release, leak or the action of discharging matter or wastewater; "Domestic Wastewater" means wastewater produced from a residence or a residential property; "Environmental Compliance Approval" means an approval issued under Part II.1 of the EPA; "EPA" means the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended, or any successor thereof and its regulations; "Extra Strength Surcharge Agreement" means an agreement entered into with the Township to permit the discharge of matter or wastewater to a sanitary sewer that is higher in concentration for one or more constituent concentrations as set out in Schedule A to this By-law or containing constituents identified in Schedule A to this By-law; "Fisheries Act" means the Fisheries Act, R.S.C. 1985, c. F-14, as amended, or any successor thereof and its regulations; "Fuel" means any alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable substance; "Grab Sample" means a volume of matter, wastewater, storm water, uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes; "grease" means n-Hexane extractable matter as described in Standard Methods; "Groundwater" means water beneath the earth's surface present in spaces around soil, sand or rock; "Hauled Wastewater" includes waste removed from wastewater works, including a cesspool, septic tank system, privy vault or privy pit, a chemical toilet, portable toilet, recreational vehicle or a wastewater holding tank; "Hazardous Waste" includes any substance that is designated as hazardous waste under the EPA; "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; "Industrial" means the use of land, buildings or structures for the purpose of manufacturing, processing, fabrication, assembly, treatment, packaging, and incidental storage of goods and materials and may include accessory sales and distribution of such products; "Industry" means an industrial, commercial, or institutional property from which there is discharge of any matter or wastewater directly or indirectly into wastewater works; "Institutional" means the use of land, buildings or structures for a public purpose including schools, universities, medical facilities (hospitals, nursing stations, and nursing homes), museums, prisons, government offices and military bases; "interceptor" means a device that is designed to prevent oil, grease, sediment, sand or other materials from passing into wastewater works; "lands" includes property and a highway; "matter" includes any solid, liquid or gas; "Monitoring Access Point" means an access point, such as a chamber or maintenance hole to allow for observation, sampling, and flow measurement of matter, wastewater, uncontaminated water, or storm water; "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, or any successor thereof and its regulations; "natural environment" means the air, property or water or any combination or part thereof; "non-contact cooling water" means water that is used to reduce temperature for the purpose of cooling and that does not come into direct contact with any raw material, intermediate, product, waste product or finished product, other than heat but does not include blowdown water; "Officer" means a police officer, Municipal Law Enforcement Officer, Director or any other person appointed by by-law to enforce the provisions of this By-law; "oil" means n-Hexane extractable matter as described in Standard Methods; "OWRA" means the Ontario Water Resources Act, R.S.O. 1990, c. O. 40, as amended or any successor thereof and its regulations; "Owner" includes: (a) the registered owner of the property; (b) any person in charge, management or control of such property; (c) the registered owner of a vehicle and includes as the context requires an applicant, an operator, permit holder and an employee of an industry; "PCB's" means any monochlorinated or polychlorinated biphenyl or any mixture of them or any mixture that contains one or more of them; "permit" means a permit issued by the Township pursuant to this By-law; "permit holder" means a person issued a permit; "pesticides" means a pesticide as defined by and regulated under the Pesticides Act, R.S.O. 1990, c. P. 11, as amended or any successor thereof and its regulations; "Person" includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other legal representative; "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in gram per litre of solution; "phenolic compounds" means those derivatives of aromatic hydrocarbons which have a hydroxyl group directly attached to the ring as determined by Standard Methods; "pre-treatment" means the reduction, elimination or alteration of pollutants in matter, wastewater or storm water prior to discharge into wastewater works. This reduction, elimination or alteration can be achieved by physical, chemical, or biological processes, through pollution prevention, or by other means, except by diluting the concentration of the pollutants; "Property" means a parcel of land which is capable of being legally conveyed or any part thereof including any and all buildings or other structures thereon; "Regulation 347" means R.R.O. 1990, Reg. 347 (General Waste Management) made under the EPA or any successor thereof; "sampling port" means an access point, a valve, tap, or similar device on equipment, a drain pipe to allow for observation, sampling, and flow measurement of matter, wastewater, uncontaminated water, or storm water; "sanitary sewer" means a sewer or any part of such works used for the purpose of collection and transmission of domestic wastewater, commercial, institutional, or industrial wastewater or any combination thereof; "sewage" means any liquid waste containing animal, mineral, vegetable matter in solution or in suspension except uncontaminated water; "sewer connection" means that part of a drain or system of drains, including drains or subsurface drainage pipes leading from private property and connected to the Township's wastewater works and located within the limits of the public road allowance, or other public property or public property interests held for public utility purposes; "Septic Tank Waste" means any waste extracted from a cesspool, septic tank, wastewater holding tank, seepage pit, interceptor, privy vault, privy pit or other containment for human excretion and wastes; "spill" means a direct or indirect discharge into Township wastewater works, Township lands or the natural environment, that is abnormal in quantity or quality in light of all the circumstances of the discharge; "Standard Methods" means a procedure or method set out in the "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, as amended or any successor thereof; "storm sewer" means a sewer or any part of such works used for the purpose of collection and transmission of uncontaminated water, storm water, drainage from property or from a watercourse or any combination thereof; "storm water" includes water resulting from rainfall or other natural precipitation from the atmosphere and includes, but is not limited to water from melting snow or naturally occurring ice; "subsurface drainage pipe" means a pipe that is installed underground to intercept and convey subsurface water, and includes foundation drain pipes; "subsurface water" means groundwater including foundation drain water; "swimming pool" means a structure designed to hold water for recreational purposes and includes hot tubs or spas; "total suspended solids" or "TSS" means insoluble matter in liquid that is removable by filtration, as determined by the appropriate procedure described by Standard Methods; "Township" means the Corporation of the Township of Centre Wellington or the lands within the geographic limits of the Corporation of the Township of Centre Wellington as the context requires; "toxic substance" means any material listed in Schedule 3 of Regulation 347; "uncontaminated water" means water with a level of quality which is typical of potable water normally supplied by the Township or whose quality does not exceed the values in Table A of Schedule B to this By-law; "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car; "wastewater" means the composite of water and water-carried wastes from residential, commercial, industrial, or institutional property, or any other source; "wastewater works" means any infrastructure used for the collection, transmission, treatment or disposal of matter, wastewater, storm water or uncontaminated water and includes a sanitary sewer and storm sewer; "wastewater sludge" means solid material recovered from the wastewater treatment process; "watercourse" means an open channel, ditch or depression, either natural or artificial, in which flow of water occurs either continuously or intermittently. 2. Short Title 2.1 The short title of this By-law is the "Sewer Use By-law". 3. General and Exemptions 3.1 This By-law applies to the entire Township. 3.2 This By-law does not apply to the discharge of any matter or wastewater, 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, as amended, or any successor thereof and its regulations. 3.3 This By-law does not apply where the discharge into a sanitary sewer is: (a) pursuant to a Certificate of Approval, Environmental Compliance Approval or order relating to the property under the EPA or the OWRA which expressly allows the discharge; (b) in compliance with Schedule A to this By-law; (c) domestic wastewater. 3.4 A person is required to obtain a sewer connection permit where: (a) an executed development agreement has been entered into with the Township; (b) sewer connection works are being completed as a local improvement. 4. General Prohibitions and Regulations - Wastewater Work 4.1 No person shall discharge, cause or permit to be discharged any matter or wastewater directly or indirectly into Township wastewater works without a permit. 4.2 No person shall discharge, cause or permit to be discharged any matter or wastewater directly or indirectly into Township wastewater works other than in accordance with the terms and conditions of a permit, the approved plans or this By-law. 4.3 No person shall connect to Township wastewater works without a permit as required by this By-law. 4.4 No person shall connect, cause or permit to be connected to Township wastewater works other than in accordance with the terms and conditions of a permit, the approved plans or this By-law. 4.5 No person shall uncover, make any connection with, break, alter, destroy, damage, deface or tamper or cause or permit the connection, breaking, alteration, destruction, damage, defacing or tampering with Township wastewater works. 4.6 No person shall construct, connect or install or cause to be constructed, connected or installed wastewater works on Township lands without the permission of the Township. 4.7 No person shall construct, connect or install or cause to be constructed, connected or installed wastewater works that are not in accordance with the Township's design standards or other methods approved by the Township. 4.8 No person shall discharge, cause or permit the discharge of wastewater or matter directly or indirectly into Township wastewater works where water or any chemical, agent or additive has been added to the discharge for the purposes of dilution to achieve compliance with this By-law. 4.9 No person shall discharge, cause or permit to be discharged any matter or wastewater of any type or temperature or in any quantity directly or indirectly into Township wastewater works which may or could result in: (a) a hazard or other adverse impact to any person, animal, property, vegetation, natural environment or the Township; (b) an offence under the EPA, OWRA or the Fisheries Act; (c) damage, interference or potential interference which may impair the operation and maintenance of Township wastewater works; (d) obstruction or restriction of Township wastewater works or the flow therein; (e) wastewater that has two or separate liquid layers; (f) an offensive odour to emanate from the Township wastewater works including wastewater containing hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such quantity that may cause an offensive odour; (g) impair the quality of the water in any well, lake, river, pond, spring, stream, recreational beach or other water or watercourse; (h) wastewater sludge that does not meet the objectives or criteria listed in the EPA. 4.10 No person shall discharge, cause or permit to be discharged matter or wastewater directly or indirectly into Township wastewater works that contains: (a) biomedical waste; (b) combustible liquid; (c) dyes or colouring materials which may discolour the Township wastewater works final effluent; (d) explosive products or substances; (e) fertilizers; (f) fuel; (g) hazardous waste; (h) herbicides; (i) pesticides; (j) toxic substance; (k) solid or viscous substances in quantities of such size to be capable of causing obstruction to the flow in Township wastewater works; (l) septic tank waste; (m) contact cooling water and non-contact cooling water. 4.11 No person shall use, cause or permit the use of enzymes, bacteria, solvents, hot water, or other agents to facilitate the passage of oil, grease, sediment, sand or other material through: (a) an interceptor; (b) an oil or water separator; (c) a Township approved pre-treatment system. 4.12 No person shall fail to clean up or fail to cause to be cleaned up a spill and to restore or cause to be restored the affected area to its condition prior to the spill. 5. General Prohibitions and Regulations - Sanitary Sewers 5.1 No person shall discharge, cause or permit to be discharged directly or indirectly into a Township sanitary sewer any restricted waste which exceeds the respective concentrations listed in Schedule A to this By-law. 5.2 No person shall connect or cause to be connected directly or indirectly, a rain water leader, storm water leader, groundwater drainage system or sump pump laterals to a Township sanitary sewer. 5.3 No person shall discharge, cause or permit to be discharged any matter or wastewater directly or indirectly into a Township sanitary sewer without an approved Pollution Prevention Plan as required by this By-law. 5.4 No person shall discharge, cause or permit to be discharged any matter or wastewater directly or indirectly into a Township sanitary sewer without an approved Code of Practice as required by this By-law. 5.5 No person shall discharge, cause or permit to be discharged directly or indirectly into a Township sanitary sewer without an extra strength surcharge agreement any restricted waste which exceeds the respective concentrations listed in Schedule A to this By-law. 5.6 No person shall discharge, cause or permit to be discharged directly or indirectly into a Township sanitary sewer other than in accordance with the terms and conditions of an extra strength surcharge agreement any restricted waste which exceeds the respective concentrations listed in Schedule A to this By-law. 6. General Prohibitions and Regulations - Storm Sewer 6.1 No person shall discharge, cause or permit to be discharged, any restricted waste which exceeds the respective concentrations listed in Schedule B to this By-law directly or indirectly into a Township storm sewer. 6.2 No person shall discharge, cause or permit to be discharged directly or indirectly into a Township storm sewer wastewater that contains: (a) blowdown water; (b) chlorinated or salt water swimming pool water, chlorine residual over 4.0 mg/l; (c) floating debris; (d) hauled wastewater; (e) paints; (f) sewage; (g) volatile organic compounds; (h) water containing gas, oil or grease which causes a visible film, sheen or discolouration on the water surface. 6.3 No person shall permit or cause a grease interceptor to discharge to a Township storm sewer. 7. Discharge Information Report 7.1 An owner of an industry upon request of the Director shall submit a Discharge Information Report as provided by the Township. 8. Application for a Permit - Hauled Wastewater 8.1 A person making an application for a hauled wastewater permit shall submit to the satisfaction of the Director: (a) a complete application in the form provided by the Township; (b) a complete Discharger Information form provided by the Township; (c) a copy of the most recent Certificate of Approval, Environmental Compliance Approval, Permit to Take Water, Environmental Activity Sector Registry, provisional certificate, any other approval required under the EPA; (d) plans and other documents as may be required by the Director; (e) the required permit fee as provided for in the Township's Fees and Charges By-law. 9. Application for a Permit - Sewer Connection 9.1 A person making an application for a sewer connection permit shall submit to the satisfaction of the Director: (a) a complete Municipal Infrastructure application in the form provided by the Township; (b) a copy of the most recent Certificate of Approval, Environmental Compliance Approval, Permit to Take Water, Environmental Activity Sector Registry, provisional certificate, any other approval required under the EPA; (c) plans and any other documents as may be required by the Director; (d) the required permit fee as provided for in the Township's Fees and Charges By-law; 10. Application for a Permit - Compliance Program 10.1 Where an industry does not meet the discharge requirements of this By-law the owner of the property shall: (a) complete the necessary works to achieve compliance by a date as determined by the Director; or (b) apply for and obtain a compliance program permit. 10.2 A person making an application for a compliance program permit shall submit to the satisfaction of the Director: (a) a complete application in the form provided by the Township; (b) a Compliance Program document that contains the following information: i) the specified length of time during which pre-treatment facilities or other measures are to be installed or implemented; ii) an outline the specific remedial action to be implemented including the dates of commencement and completion of each activity; (c) plans and any other documents as may be required by the Director; (d) the required permit fee as provided for in the Township's Fees and Charges By-law; (e) surcharge rates as set out in this By-law apply and are payable. 11. Application for a Permit - Wastewater Discharge 11.1 A person making application for a wastewater discharge permit to discharge matter or wastewater that has originated from a source other than the Township water supply system shall submit to the satisfaction of the Director: (a) a complete application in the form provided by the Township; (b) plans and any other documents as may be required by the Director; (c) the required permit fee as provided for in the Township's Fees and Charges By-law; (d) standard wastewater rates as provided for in the Township's Fees and Charges By- law apply and are payable. 12. Application for an Extra Strength Surcharge Agreement 12.1 A person making application to enter into an extra strength surcharge agreement shall submit to the satisfaction of the Director: (a) a complete application in the form provided by the Township; (b) plans and any other documents as may be required by the Director; (c) pay the fees as determined by the Township based on projected operating and maintenance costs calculated in accordance with Schedule I to this By-law; (d) standard wastewater rates as provided for in the Township's Fees and Charges By- law apply and are payable. 13. Administration and Delegated Authority 13.1 The Director is responsible for the administration of this By-law and is hereby delegated authority to issue a permit in accordance with the provisions of this By-law and the applicable Schedules to this By-law. 13.2 Notwithstanding any other provision of this By-law, the Director upon being satisfied may issue a Compliance Program Permit to an Owner that was connected to the Township's wastewater works prior to the passing of this By-law. 13.3 The Director is hereby delegated authority to revoke or refuse to issue a permit, refuse to approve a plan or enter into an agreement, where the intent of this By-law is not achieved. 13.4 The Director is hereby authorized to enter into and execute on behalf of the Township an extra strength surcharge agreement as outlined in Schedule J to this By-law for the discharge of treatable parameters in wastewater for the substances with the maximum concentrations outlined in Schedule H to this By-law. 13.5 The Director has authority to add, amend or waive the standard terms and conditions of a permit or an extra strength surcharge agreement upon taking into consideration the anticipated impacts to the Township's wastewater works. 14. Permits - Grounds for Refusal, Revocation - Terms and Conditions - Right to a Hearing 14.1 Before a permit or an extra strength surcharge agreement is refused, revoked or issued with terms and conditions not specified in this By-law written notice shall be given by the Director to the owner. 14.2 Notice shall be served to the owner's last known address or email address filed with the Township and shall: (a) contain sufficient information to specify the nature of, or reason for, any recommendation; (b) inform the owner of entitlement to a hearing before the Appeal Tribunal, if a request in writing for a hearing is returned to the Clerk within fourteen (14) days after the date of service of the notice; and (c) inform the owner that if no written request is received, the Appeal Tribunal may proceed and make any decision with respect to the permit or the extra strength surcharge agreement. 15. Terms and Conditions of a Permit - General 15.1 A permit is subject to the applicable terms and conditions as set out in Schedule F to this By-law. 15.2 An owner shall notify the Township within seven (7) days of any changes to the: (a) business name; (b) ownership of the business; (c) any information contained in a permit; (d) characteristics of the discharge that is subject to a permit; and such changes shall be subject to submission of any other documents as may be required to the satisfaction of the Director. 15.3 A Permit is not transferable. 16. Expiry and Revocation 16.1 A permit and an extra strength surcharge agreement shall be valid for the period of time as determined by the Director and as identified on the permit or in the extra strength surcharge agreement. 17. Extension or Modifications to Terms and Conditions 17.1 An owner making application for an extension to the expiry date or modification of the terms and conditions of a permit or an extra strength surcharge agreement shall submit within thirty (30) days of the expiration of the extra strength surcharge agreement: (a) a written request outlining the reasons an extension or modification is required; (b) the required extension or modification fee as provided for in the Township's Fees and Charges By-law; (c) any other documents as required by the Director. 18. Pre-treatment Devices Food - Oil and Grease Interceptor or Grease Trap 18.1 An owner of an industry where food is cooked, processed, or prepared, and where the matter or wastewater is directly or indirectly discharged into a sanitary sewer shall: (a) install in compliance with the Building Code Act a food oil and grease interceptor or grease trap at its property; (b) operate, inspect and maintain a food oil and grease interceptor or grease trap regularly and in accordance with manufacturer's recommendations to ensure performance is continuously maintained; (c) clean out the food oil and grease interceptor or grease trap before the thickness of the solids and grease is greater than twenty-five (25) percent of the liquid volume, or in accordance with the manufacturer's recommendations, whichever occurs first; (d) complete, obtain and keep documented proof of inspection, clean-out and maintenance records of the food oil and grease interceptor or grease trap and of oil and grease disposal; (e) complete testing, maintenance and performance of a food oil and grease interceptor in accordance with CAN CSA B 481, as amended; (f) retain records required to be obtained and kept under this By-law for a minimum of five (5) years unless otherwise specified by the Township. 18.2 Where an owner fails to adequately maintain an oil and grease interceptor or grease trap to the satisfaction of an Officer, an Officer may require an alarm monitoring device to be installed, at the expense of the owner. 19. Pre-treatment Devices Vehicle and Equipment Service - Oil and Grease Interceptors 19.1 An owner of an industry where vehicles are serviced, repaired or maintained and where the matter or wastewater is directly or indirectly discharged into a sanitary sewer shall: (a) install in compliance with the Building Code Act an oil and grease interceptor at its property; (b) operate, inspect and maintain the oil and grease interceptor in accordance with the Canadian Fuels Association and the manufacturer's recommendations to ensure performance is continuously maintained; (c) complete, obtain and keep documented proof of inspection, clean-out and maintenance records of the food oil and grease interceptor and of oil and grease disposal; (d) submit to the Township annually the maintenance schedule and record of maintenance for each oil and grease interceptor; (e) retain records required to be obtained and kept under this By-law for a minimum of five (5) years unless otherwise specified by the Township. 19.2 Where an owner fails to adequately maintain an oil and grease interceptor to the satisfaction of an Officer. An Officer may require an alarm monitoring device to be installed, at the expense of the owner. 20. Pre-treatment Devices Sediment Interceptor 20.1 An owner of an industry from which sediment including an industry where vehicles are washed and where the matter or wastewater is directly or indirectly discharged to a sanitary sewer or storm sewer shall: (a) install in compliance with the Building Code Act a sediment interceptor at its property; (b) operate, inspect and maintain the sediment interceptor regularly and in accordance with manufacturer's recommendations to ensure the sediment levels do not exceed the manufacturer's recommended level and performance is continuously maintained. (c) clean out the sediment interceptor at least once annually; (d) complete, obtain and keep documented proof of inspection, clean-out and maintenance records of the sediment interceptor and waste disposal; (e) retain records required to be obtained and kept under this By-law for a minimum of five (5) years unless otherwise specified by the Township. 20.2 A catch basin installed on private property for the purposes of collecting storm water and carrying it into a Township storm sewer shall be equipped with an interceptor or an equivalent storm water management facility in compliance with the Township's Development Standards, as amended and any successor thereof. 21. Pre-treatment Devices Dental Amalgam Separator 21.1 An owner of a dental practice industry where matter or wastewater is directly or indirectly discharged to a sanitary sewer shall: (a) install, operate and properly maintain dental amalgam separator(s) with at least 95% efficiency in amalgam weight and certified ISO 11143 - "Dentistry - Amalgam Separators", as amended or any successor thereof, except where the sole dental- related practice at the property consists of one or more of the following specialities or type of practice: i) Orthodontics and dentofacial orthopaedics; ii) Oral and maxillofacial surgery; iii) Oral medicine and pathology; iv) Periodontics; v) A dental practice consisting solely of visits by a mobile dental practitioner who prevents any dental amalgam from being released directly or indirectly to wastewater works; (b) comply with the Dentistry Act, 1991, S.O. 1991, c. 24, as amended and any successor thereof and its regulations regarding the management and disposal of dental amalgam waste; (c) operate and maintain the dental amalgam separator in good working order and in accordance with manufacturer's recommendations; (d) complete, obtain and keep documented proof of inspection, clean-out and maintenance records of the dental amalgam separator and waste disposal; (e) retain records required to be obtained and kept under this By-law for a minimum of five (5) years unless otherwise specified by the Township. 22. Pre-treatment Facilities 22.1 When required by the Director, an owner of an industry shall: (a) install a wastewater pre-treatment facility on the property prior to the final point of discharge into wastewater works; (b) prior to the operation or a pre-treatment facility, create and maintain an operation and maintenance manual; (c) design, operate and maintain the pre-treatment facility in accordance with manufacturer's recommendations to ensure treatment objectives are achieved; (d) dispose of waste in a safe manner; (e) complete, obtain and keep documented proof of maintenance of the pre-treatment facility and waste disposal; (f) retain records required to be obtained and kept under this By-law for a minimum of five (5) years unless otherwise specified by the Township. 23. Food Waste Grindes 23.1 No person shall install or operate or cause to be installed or operated a food waste grinder, the effluent from which will discharge directly or indirectly into wastewater works. 24. Swimming Pool Water 24.1 A person may discharge water from a swimming pool either: (a) by way of a permanent or temporary connection to a private sanitary sewer; (b) by way of a controlled discharge to the owner's property such that the discharge is controlled on the owner's property until it evaporates or infiltrates into the ground. 25. Monitoring Access Points 25.1 An owner of an industry or a multi-use residential building, at each connection to Township wastewater works, shall install and maintain at their expense a suitable monitoring access point to allow observation, sampling and flow measurement of matter, wastewater, uncontaminated water or storm water. 25.2 Where installation of a monitoring access point is not possible, a sampling port may be substituted with the written consent of the Director. 25.3 A monitoring access point or sampling port shall: (a) be located on the owner's property as close as possible to the property line or final point of discharge, unless the Township has approved a different location; (b) be designed and constructed in accordance with good engineering practice and be approved by the Director. 26. Disconnection to Wastewater Works 26.1 Where matter or wastewater which is: (a) hazardous or creates an immediate danger to any person; (b) endangers or interferes with the operation of Township wastewater works; (c) causes or is capable of causing an adverse effect is discharged to Township wastewater works, an Officer may, in addition to any other remedy available, and at the expense of the owner, disconnect, plug, seal or take any other action necessary to prevent such matter or wastewater from entering into Township wastewater works. 26.2 Where an Officer has taken action in accordance with Section 26.1, an owner shall prior to discharging to Township wastewater works provide to the Township to its satisfaction evidence that no further hazardous matter or wastewater will be discharged into Township wastewater works. 26.3 Where an Officer has taken action in accordance with this By-law no person shall use or permit the use of such connection until the Township is satisfied that no further hazardous matter or wastewater will be discharged into Township wastewater works. 27. Maintenance 27.1 An owner of a property that discharges directly or indirectly to Township wastewater works is responsible for the cost of repairing, cleaning and maintaining in good condition all drains and connections leading from the building or the property to Township wastewater works. 27.2 Any person who discharges directly or indirectly to Township wastewater works is responsible for ensuring that such matter or wastewater complies at all times with the provisions of this By-law and shall be liable for any damage or expense arising out of the failure to properly check and control such discharge, including the cost of investigation, repair and replacing any part of any Township wastewater works damaged. 28. Pollution Prevention Plan 28.1 An owner of an industry identified in Schedule D to this By-law or an owner of an industry that discharges the pollutants outlined in Schedule E to this By-law directly or indirectly into the Township's sanitary sewer shall prepare and submit to the Director for approval a Pollution Prevention: (a) within thirty (30) days of the commencement of discharging; and (b) every three (3) years thereafter. 28.2 Notwithstanding Section 28.1, an owner of an industry identified in Schedule D to this By- law is not required to submit a Pollution Prevention Plan provided the requirements of Schedule A and Schedule B to this By-law are being met. 28.3 An initial pollution prevention plan shall include at a minimum the following: (a) a description of the processes at the property which use or produce subject pollutants; (b) a description of those processes, practices, materials, products or energy at the property which are to be the subject of pollution prevention planning; (c) a list of the subject pollutants present at the property at any stage of the operations on the property; (d) a description setting out the types, quantities and concentrations of all subject pollutants discharged, directly or indirectly, to a sanitary sewer. (e) a description of current waste reduction, recycling, waste treatment and pollution prevention activities with respect to discharging matter or wastewater at the property; (f) a description of pollution prevention options for subject pollutants and discharge and an evaluation of those options; (g) a list of possible targets and timeframes, as specified by the Township, to reduce or eliminate the discharge of subject pollutants to the Township's sanitary sewer; (h) a declaration from a qualified person that the content of the pollution prevention plan is, to the best of their knowledge, true, accurate and complete; (i) any other information as may be required and to the satisfaction of the Director. 28.4 A subsequent pollution prevention plan shall include detail on the status of the progress on the objectives identified in the initial pollution prevention plan. 28.5 The Director shall issue a notice of decision advising an owner whether a pollution prevention plan is approved or not approved. 28.6 When a pollution prevention plan is not approved by the Director, an owner will be provided a maximum of ninety (90) days from the date of the notice of the decision to amend and resubmit a pollution prevention plan for approval. 28.7 A pollution prevention plan shall be: (a) kept on the property; (b) initiated within one (1) year of its approval. 28.8 An owner that makes a change to a process, product or facility configuration shall submit to the Director for approval a revised pollution prevention plan within thirty (30) days of the changes. 29. Code of Practice 29.1 An owner of an industry identified in Schedule C to this By-law that discharges matter or wastewater into the Township's sanitary sewer shall prepare and submit for approval by the Township a Code of Practice within thirty (30) days of the commencement of discharging. 29.2 Notwithstanding Section 29.1, the owner of an industry identified in Schedule C to this By- law that existed prior to the passing of this By-law shall prepare and submit for approval by the Township a Code of Practice as requested by the Director. 29.3 A Code of Practice shall identify the mandatory procedures, equipment, training or other provisions required as a condition of wastewater discharge into the Township's sanitary sewer. 29.4 An owner of an industry identified in Schedule C to this By-law shall notify the Township within thirty (30) days regarding any change in: (a) ownership; (b) business name; (c) location; (d) contact person; (e) telephone number or other contact information; (f) nature of the industry operations which results in the industry being reclassified. 29.5 Where an approved Code of Practice establishes a requirement that differs from the requirements established by this By-law the requirements of the Code of Practice shall prevail. 30. Spills 30.1 A person responsible for a spill into Township wastewater works or Township lands shall: (a) immediately notify and provide the requested information to: i) 911 and/or the Spills Action Center at 1-800-268-6060; ii) the Director; iii) the owner of the property where the release occurred; iv) any other person whom the person reporting knows or ought to know that may be directly affected by the release. (b) do everything reasonably possible to: i) contain the spill; ii) protect the health and safety of citizens; iii) minimize damage to Township wastewater works and Township lands; iv) protect the environment; v) ameliorate any adverse effect. (d) make a record of the spill in accordance with the EPA; (e) comply with any provincial or federal legislation regarding spills. 30.2 A person responsible for a spill shall: (a) clean up the spill and the contaminated residue and restore the affected area to its original condition prior to the spill; (b) provide the Township with a written report within five (5) business days that contains the following: i) name of the company and the location of the spill; ii) current contact information, including the name and telephone number of the person who reported the spill; iii) date and time the spill occurred or was observed; iv) material spilled; v) characteristics and composition of material spilled including Safety Data Sheets; vi) volume of material spilled; vii) cause of the spill; viii) duration of spill event; ix) work completed and any work still in progress in the mitigation of the spill; x) preventative actions being taken to ensure a similar spill does not occur again; xi) copies of applicable spill contingency and spill response plans. 30.3 The Township may require a person responsible for a spill to prepare and submit a spill contingency plan to indicate how risk of future incidents will be addressed. 30.4 Where a spill occurs on a property that is required to have a Pollution Prevention Plan in accordance with this By-law, the owner shall prepare and submit an updated Pollution Prevention Plan with a summary incorporating the information set out in this section to the Township within thirty (30) days of the spill. 31. Inspection 31.1 An Officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a permit, or a term or condition of a permit; (c) an extra strength surcharge agreement, or a term or condition of an extra strength surcharge agreement; (d) the approved plans, pollution prevention plan, compliance program documents or a code of practice; (e) a direction or order issued pursuant to this By-law is complied with. 31.2 For the purposes of an inspection under this By-law, an Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 31.3 When a sample is collected for the purposes of determining the quality of matter, wastewater, storm water or uncontaminated water that is discharged directly or indirectly into Township wastewater works, the sample: (a) may be collected manually or by using an automatic sampling device; (b) may contain additives for preservation; (c) shall be obtained at the discretion of the Township: i) at the point of discharge closest to the property boundary; or ii) at the final point of discharge; iii) from discrete wastewater streams within the property as identified by the Township. 31.4 The Township may analyze one grab sample or a composite sample to determine compliance with this By-law. 31.5 All tests, measurements, analyses and examinations of matter or wastewater, its characteristics or contents required pursuant to this By-law shall be carried out in accordance with Standard Methods and be performed by an accredited laboratory for analysis of the particular substance using a method which is within the laboratory's scope of accreditation. 31.6 All documents and records shall be kept in a good and business-like manner for review by the Officer at his request. 31.7 A receipt shall be provided for any document or thing removed under this By-law and the document or thing shall be promptly returned after the copies or extracts are made. 32. Orders 32.1 If an Officer has reasonable grounds to believe that a contravention of this By-law, terms and conditions of a permit or an extra strength surcharge agreement has occurred, the Officer may make an Order requiring the person who contravened this By-law, the terms and conditions of a permit or an extra strength surcharge agreement or who caused or permitted the contravention to: (a) discontinue the contravening activity; and/or (b) do work or take action to correct the contravention. 32.2 An Order under section 32.1 shall set out: (a) reasonable particulars of the contravention adequate to identify the contravention; (b) the location of the lands on which the contravention occurred; and (c) either: i) in the case of an Order under section 32.1 (a), the date by which there must be compliance with the Order; or ii) in the case of an Order under section 32.1 (b), the work to be done and the date by which the work must be done. 32.3 An Order under section 32.1 (b) may require work to be done even though the facts which constitute the contravention of this By-law were present before this By-law came into effect. 32.4 In default of any work required by an Order under section 32.1 (b) being done by the owner directed or required to do it, the work may be done by the Township at the owner's expense. For the purposes of this section, the Township and its employees, agents and representatives may enter upon lands at any reasonable time. 32.5 The Township may recover the costs of doing anything or matter pursuant to this By-law or an extra strength surcharge agreement by drawing on the securities posted, by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 32.6 The costs in section 32.5 shall include interest calculated as defined in the Township's Fees and Charges By-law, calculated for the period commencing on the day the Township incurs the costs and ending on the day the costs, including interest, are paid in full. 32.7 An Order issued under this By-law may be served personally, ordinary mail to the last known address or by email transmission to: (a) the person the Officer believes contravened this By-law; and (b) such other persons affected by the Order as the Officer making the Order determines. 32.8 The Order shall be deemed to have been served on the fourth (4th) day after the date of mailing or on the date of personal service or on the date of email transmission. 32.9 An Officer who is unable to effect service of an Order pursuant to this By-law shall place a placard containing the Order in a conspicuous place on the lands and the placing of the placard shall be deemed to be sufficient service. The placing of the placard of the Order shall be deemed to be served on the date of placing the placard. 32.10 A person who has been served with an Order and who is not satisfied with the terms and conditions of the Order may appeal to the Appeal Tribunal by sending a notice of appeal by registered mail or personal delivery to the Clerk of the Township within fourteen (14) days after being served with the Order. 32.11 An Order under this By-law that is not appealed within the time referred to in section 32.10 shall be deemed to be final. 33. Appeal 33.1 On receipt of a written request for a hearing, the Clerk shall: (a) schedule a hearing; and (b) give the notice of the hearing to the appellant at least twenty (20) days prior to the hearing date; and (c) post notice of the hearing on the Township's website at least twenty (20) days prior to the hearing date. 33.2 Service of any notice on the appellant under this by-law shall be made by personal delivery, ordinary mail or email transmission. The notice shall be deemed to have been served on the fourth (4th) day after the day of mailing or on the date of personal service or on the date of the email transmission. 34. Establishment of Appeal Tribunal 34.1 The Appeal Tribunal shall hear and render decisions regarding an Order or the refusal, revocation or the imposing of terms and conditions on a permit or an extra strength surcharge agreement. 34.2 The Appeal Tribunal shall have the same powers as the Director pursuant to this By-law for the purpose of: (a) confirming, modifying or revoking an Order; (b) authorizing the issuing of a permit, the entering into of an extra strength surcharge agreement, and the imposing of terms and conditions. 34.3 The decision of the Appeal Tribunal shall be final and binding. 35. Hearing Process 35.1 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, shall apply to all hearings conducted under this By-law. 35.2 A hearing shall be held in public, unless determined otherwise in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, and the Appeal Tribunal shall hear the owner and every other person who desires to be heard, and the Appeal Tribunal may give its decision orally or adjourn the hearing and reserve its decision but in any case the decision shall be provided in writing. 35.3 The decision of the Appeal Tribunal, shall be in writing and shall set out the reasons for the decision, and shall be signed. 35.4 Any authority or permission granted by the Appeal Tribunal may be for such time and subject to such terms and conditions as the Appeal Tribunal considers advisable and as are set out in the decision. 35.5 When a person who has been given written notice of a hearing does not attend at the appointed time and place, the Appeal Tribunal may proceed with the hearing in his absence, and the person shall not be entitled to any further notice of the proceedings. 35.6 The Clerk shall no later than ten (10) days from the making of the decision send one (1) copy of the decision to: (a) the appellant; (b) each person who appeared in person or by Counsel or by Agent at the hearing and who filed with the Clerk a written request for notice of the decision. 36. Enforcement and Penalty Provisions 36.1 The enforcement of this By-law shall be conducted by an Officer. 36.2 An Officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the By-law or an Order issued pursuant to this By- law is complied with. 36.3 Any person who is charged with an offence under this By-law or an Order issued pursuant to this By-law or every director or officer of a corporation, who knowingly concurs in the contravention by the laying of an information under Part III of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended and is found guilty of the offence is liable pursuant to the Municipal Act to the following: (a) on a first offence, to a fine not more than $50,000.00; and (b) on a second offence and each subsequent offence, to a fine of not more than $100,000.00; and (c) in the case of continuing offence, for each day or part of a day that the offence continues, the maximum fine shall be $10,000.00 per day for every day in contravention and the total of all daily fines for the offence is not limited to $100,000.00. 36.4 Every Person who is issued a Part 1 offence notice or summons upon conviction is guilty of an offence under this By-law shall be subject to a fine, to a maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 36.5 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. 36.6 Every Person who is alleged to have contravened any of the provisions of this By-law, shall identify themselves to an Officer upon request, failure to do so shall be deemed to have hindered or obstructed an Officer in the execution of his or her duties. 36.7 Upon conviction any penalty imposed under this By-law may be collected under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 36.8 If a Person is convicted of an offence under this By-law, the court in which the conviction has been entered and any court of competent jurisdiction may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or repetition of the offence by the Person convicted. 37. Severability 37.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the intention of Council of the Township that the remainder of this By-law shall continue in force unless the court makes an order to the contrary. 38. Interpretation 38.1 References in this By-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted. 38.2 In this By-law, unless the context otherwise requires words importing the singular shall include the plural and use of the masculine shall include the feminine, where applicable. 38.3 Nothing in this By-law relieves any person from complying with any notification or reporting provisions or any other requirements of any other government agencies including federal and provincial agencies and any other By-law of the Township. 38.4 The Schedules appended to this By-law are incorporated into and form part of this By-law. 39. Repeal 39.1 By-laws 2849 and 3000-90 are hereby repealed. Read a first, second and third time and finally passed this 22nd day of August, 2022. ______________________ _________________________ Mayor - Kelly Linton Clerk - Kerri O'Kane Schedule A Restricted Wastes - Sanitary Sewer Table A - Conventional Contaminants and Physical Parameters Substance Concentration Limit- [mg/L, except as noted] Biochemical Oxygen Demand 300 Chemical Oxygen Demand 600 Oil or grease - animal and vegetable 150 Oil or grease - mineral and synthetic/ hydrocarbon 15 Total Suspended Solids 350 pH (Minimum and Maximum Permitted) 6.0 (min.) to 8.5 (max.) Temperature 60 Degrees Celsius Table B - Organic Contaminants Substance Concentration Limit- [mg/L, except as noted] Benzene 0.01 Chloroform 0.04 Dichlorobenzene (1,2-) 0.05 Dichlorobenzene (1,4) 0.08 Ethylbenzene 0.06 Hexachlorobenzene 0.0001 Methylene chloride (dichloromethane) 0.09 PCBs (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 Schedule A Restricted Wastes - Sanitary Sewer Table C - Inorganic Contaminants Substance Concentration Limit- [mg/L, except as noted] Aluminum, total 50 Arsenic, total 1.0 Antimony, total 5.0 Bismuth, total 5.0 Cadmium, total 0.7 Chloride 1500 Chromium, total 3.0 Cobalt, total 5.0 Copper, total 2.0 Cyanide, total 1.2 Fluorides 10 Iron, total 50 Lead, total 0.7 Manganese, total 5.0 Mercury 0.10 Molybdenum, total 5.0 Nickel, total 2.0 Nitrogen, Total Kjeldahl 50 Phosphorus, total 10 Selenium, total 2.0 Silver, total 1.0 Sulphates (as SO4) 1500 Sulphide (as H2S) 1.0 Tin, total 5.0 Titanium, total 5.0 Vanadium, total 5.0 Zinc, total 2.0 Schedule B Restricted Wastes - Storm Sewer Table A - Limits for Storm Sewer Discharge Parameter Maximum Concentration Limit (mg/L, except as noted) Temperature 30 Degrees Celsius pH Min - Max 6.5 - 8.5 Suspended Solids (Total) 15 Biomedical Oxygen Demand (BOD) 15 Chromium 0.08 Zinc 0.03 Lead 0.03 Nickel 0.03 Copper 0.005 Cadmium 0.001 Schedule C Designated Industries 1. The following industries are required to submit a Code of Practice: Industry Food Service Operations Dry Cleaning Operations Photographic Imaging Operations Dental Operations (including Dental Schools) Automotive Repair Operations Vehicle Wash Operations Carpet Cleaning Operations Fermentation Operations Printing Operations Recreation Facility Operations Laboratory Operations Any other Industry as determined by the Director Schedule D Industries Subject to Pollution Prevention Plans North American Industry Classification System (NAICS) Code Industrial Category 311 Food Manufacturing 321 Wood Product Manufacturing 325 Chemical Manufacturing 332 Fabricated Metal Product Manufacturing Industrial, Commercial and Institutional Sectors discharging Schedule E pollutants Schedule E Pollutants Requiring Pollution Prevention Plans Substance Arsenic Cadmium Cobalt Chromium Copper Mercury Molybdenum Nickel Lead Selenium Zinc Additional substances, for example organic parameters, as determined by Director for its customer base and pollution prevention goals Schedule F Wastewater Discharge Permit 1. A wastewater discharge permit is subject to one or more of the following terms and conditions as determined by the Director: (a) compliance with the EPA; (b) any other terms and conditions of the permit set by Township; (c) wastewater works shall be inspected regularly and maintained in good working condition; (d) monitoring requirements and procedures shall be adhered to; (e) completion of discharge measurement, sampling, analysis and reporting to the satisfaction of the Director; (f) audit sampling being undertaken by the Township; (g) completion of pH monitoring; (h) location of sampling points as identified by the Director; (i) discharge rate and criteria established by the Director; (j) payment of fees for costs related to the operation, maintenance and/or repair of Township wastewater works, treatment or monitoring of discharge; (k) notifying the Township immediately of any emergency or condition that prevents the continuing operation of any Township wastewater works or procedures that may result in a violation of the permit or Township By-law; (l) immediately undertaking any remedial action required by an Officer; (m) installation of a flow meter on the discharge line into Township wastewater works to the satisfaction of the Director; (n) any other terms and conditions imposed by the Director. Hauled Wastewater Permit 1. A hauled wastewater permit is subject to the following terms and conditions: (a) discharging of the hauled wastewater in the location approved by the Director; (b) the hauled wastewater shall not be discharged without a manifest, in a form approved by the Township, completed and signed by the carrier and deposited in an approved location at the time of discharge; (c) the hauled wastewater shall not be discharged without the use of a discharge hose placed securely in the discharge portal at the approved location; (d) hauled wastewater from a recreational vehicle shall not be discharged unless supervised by the Director; (e) providing a sample of the hauled wastewater to the Director upon request. Compliance Program Permit 1. A compliance program permit is subject to the following terms and conditions: (a) submission of a compliance program progress report to the Township within fourteen (14) days after the scheduled completion date of each activity listed in the Compliance Program document; (b) the final activity completion date shall not be later than the final compliance date in the Compliance Program document; (c) the installation of a flow meter, sampler or other measuring device on the discharge line into the Township wastewater works upon request and to the satisfaction of the Director; (d) may only make non-complying discharges in the amount and only to the extent set out in the permit during the planning, design, construction or installation of facilities or works needed to implement the approved compliance program; (e) the Director may upon providing written notice to permit holder require the permit holder at its cost to have a professional evaluation of the proposed compliance program completed and submitted to the Director. Schedule F Continued Sewer Connection Permit 1. A Sewer Connection Permit is subject to the following terms and conditions: (a) construction being completed in accordance with the requirements of the Building Code Act; (b) construction being completed in accordance with the Township's Development Manual Standards; (c) approval of the contractor by the Director where the works are being completed in a public right-of-way; (d) works are subject to an inspection by the Township or its authorized representative. Schedule G 1. Compliance Program Fees: Duration Percentage of current wastewater surcharge rates One (1) to Six (6) months 0% Over Six (6) to Twelve (12) months 25% Over Twelve (12) months to Eighteen (18) months 50% Over Eighteen (18) months to Twenty-Four (24) months 75% Over Twenty-Four (24) months 100% Note: As stipulated in the applicable Extra Strength Surcharge Agreement Schedule H Maximum Wastewater Strength Limits Extra Strength Surcharge Agreement Substance Maximum Concentration Limits under an Extra Strength Surcharge Agreement mg/l Biochemical Oxygen Demand (BOD) 1200 Chemical Oxygen Demand (COD) 1200 Total Suspended Solids (TSS) 1200 Oil or grease - animal and vegetable 450 Total Phosphorus (TP) 20 Total Kjeldahl Nitrogen (TKN) 100 Schedule I Extra Strength Surcharge Formula and Calculation 1. The Extra Strength Surcharge Formula is as follows: The excess concentration of each parameter is multiplied by the daily volume of the discharge and the current surcharge rate. The surcharge rate is applied to each parameter and represents the cost of matter or wastewater treatment per kilogram of contaminant loading. The surcharge fee for each parameter is calculated using the limits contained in Schedule A - Table A to the Township's Sewer Use By-law. Parameter Surcharge Fee = (actual concentration mg/l - parameter limit mg/l) x (flow m3/d) / 1000 x rate ($/kg) The total surcharge is the sum of the surcharge fee for each parameter Schedule J Extra Strength Surcharge Agreement Template This Agreement made this (Insert Date) day of (Insert Month), (Insert Year), pursuant to the Township's Sewer Use By-law; Between: The Corporation of the Township of Centre Wellington (hereinafter called the "Township") Party of the First Part - and - (NAME TO BE INSERTED) (hereinafter called the "Owner(s)") Party of the Second Part Whereas the property located at (insert address) is connected to the Township's Wastewater Works; And Whereas Sections 78 to 93 of the Municipal Act, 2001, S.O. 2001, c.25, provides a municipality with specific powers with respect to the provision of public utility services; And Whereas the Township's Sewer Use By-law authorizes the Township to enter into an Extra Strength Surcharge Agreement with the Owner(s) for the purpose of the discharge of wastewater containing certain substances in quantities in excess of the limits set by the Township's By-law under such conditions with respect to payment or otherwise as may be necessary to compensate for any additional costs of treatment of the wastewater; Now Therefore this Agreement Witnesseth that in consideration of the mutual covenants hereinafter contained the Parties hereby covenant and agree as follows: 1.1 The Owner(s)' property which is the subject of this Extra Strength Surcharge Agreement hereinafter referred to as the "Agreement" is described in Schedule "A" to this Agreement and is herein referred to as the "property". 1.2 The Owner(s) agree that the quantity of matter or wastewater discharged to the sanitary sewer system will not exceed __________ cubic meters per day and the rate of which matter or wastewater is discharged will not exceed __________ cubic meters per hour. 1.3 The Owner(s) agree that the quality of the matter or wastewater discharged to the sanitary sewer system shall not exceed the following limits at any time: Substance Maximum Concentration Limits under an Extra Strength Surcharge Agreement mg/l Biochemical Oxygen Demand (BOD) Chemical Oxygen Demand (COD) Total Suspended Solids (TSS) Oil or grease - animal and vegetable Total Phosphorus (TP) Total Kjeldahl Nitrogen (TKN) 1.4 The Owner(s) shall: (a) install and maintain suitable measuring devices approved by the Township to measure the quantity of matter or wastewater; (b) position the measuring devices in the sanitary sewer monitoring access point located farthest downstream on the sanitary sewer lateral, and located at a point just prior to entry into the Township's sanitary sewer or at a sampling point mutually agreed to by the Township and the Owner(s); (c) ensure all matter or wastewater flows through the installed measuring devices; (d) submit volume records every three (3) months or as otherwise agreed upon in writing. Or 1.4 The Owner(s) shall submit water consumption records to the Director to estimate the quantity of matter or wastewater flowing to the Township's sanitary sewer every three (3) months (or insert adjusted frequency as determined by the Director); OR 1.4 The Owner(s) shall (insert information and requirements regarding other approved method). 1.5 The Owner(s) agree to conduct the sampling program as required by the Director, current at the date of testing for the purposes of assessing the quality of the matter or wastewater being discharged. 1.6 The Owner(s) acknowledge and agree that the Township may at any time alter or modify the sampling program requirements. 1.7 The Owner(s) agree to pay the Township quarterly a fee based on an excess limits set out in this Agreement: BOD of ________ milligrams/litre, an excess of COD of _______ milligrams/litre, an excess of total suspended solids of _______ milligrams/litre, an excess of Oil or Grease of ________ milligrams/litre, an excess of total phosphorous of ________ milligrams/litre, and an excess of Kjeldahl Nitrogen of _________ milligrams/litre. The Quantity of the matter or wastewater discharged shall be determined as set out in section 1.4 of this Agreement. The extra-strength discharge fee for each quarter shall be based on the additional costs of treatment of the matter or wastewater as set out in the Township's Fees and Charges By- law. 1.8 The Owner(s) shall pay to the Township a quarterly fee for the amount of extra strength. 1.9 The Extra Strength Surcharge Formula is as follows: The excess concentration of each parameter is multiplied by the daily volume of the discharge and the current surcharge rate. The total surcharge is the sum of the surcharge fee associated with each parameter. The surcharge rate is applied to each parameter and represents the cost of matter or wastewater treatment per kilogram of contaminant loading. The surcharge fee for each parameter is calculated using the limits contained in Schedule A - Table A to the Township's Sewer Use By-law. Parameter Surcharge Fee = (actual concentration mg/l - parameter limit mg/l) x (flow m3/d) / 1000 x rate ($/kg) The total surcharge is the sum of the surcharge fee for each parameter as set out in Schedule I of the Township's Sewer Use By-law. 1.10 The Owner(s) agree to provide the Township access to the measuring devices and that the measuring devices will be read by the Township for the purpose of calculating the extra strength surcharge fee payable. 1.11 The Owner(s) agree to pay to the Township, interest on overdue amounts in accordance with the Township's Fees and Charges By-law and that interest will be charged after each thirty (30) day interval for the outstanding remaining amount. 1.12 If an Owner(s) fails to pay for more than two months the overdue amount, the Township may decide to terminate this Agreement, however such termination does not relieve the Owner(s) from its liability to make such payments in accordance with the agreement. 1.13 Subject to the right of termination provided for herein, this Agreement shall remain in force from __________________ until December 31st, ______, and may be renewed on January 1st, ______, and annually thereafter, on the same terms and conditions provided the parties so agree in writing. 1.14 This Agreement may be terminated by the Township at any time with no notice if the matter or wastewater being discharged is: (a) causing a health or safety hazard to any person including a wastewater operator; (b) causing damage to Township wastewater works, materially increasing maintenance costs or causing a dangerous condition; (c) causing damage to the wastewater treatment process or causing dangerous condition in the treatment works; (d) causing the wastewater sludge from the Township's wastewater works to fail to meet criteria relating to contaminants for spreading the wastewater sludge on agricultural property under the current Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Property; (e) causing wastewater works effluent to contravene any requirement by or under the OWRA or the EPA; (f) causing a hazard to any person, animal, lands, water or vegetation; (g) contrary to the By-law in any way other than as provided in this Agreement. 1.15 If an Owner(s) fails to comply with any of the requirements of the sampling protocol, the Township may terminate this Agreement with 10 days written notice. 1.16 This Agreement may be terminated by the Township or the Owner(s) at any time with thirty (30) days written notice. 2 Bolded Terms 2.1 Where a word is in bolded text the defined term is as provided for in the Township's Sewer Use By-law. 3 Enurement 3.1 This Agreement shall enure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. In Witness Whereof the Parties hereto have hereunto set their hands and seals or where applicable have caused to be affixed their corporate seals under the hands of their duly authorized officers in that behalf. The Corporation of the Township of Centre Wellington ____________________________________ Director I have authority to bind the Corporation Signed, Sealed and Delivered in the presence of: ____________________________________ (Insert Name of Owner) ____________________________________ Witness to Owner's Signature ____________________________________ (Insert Name of Owner) ____________________________________ Witness to Owner's Signature or If a Corporate Entity: (NAME OF CORPORATE ENTITY TO BE INSERTED) ____________________________________ President I have authority to bind the Corporation