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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