This is the exact embedded text of the captured official document.
Snapshot 22bade059472 · 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 Huron-Kinloss
BY-LAW
2002-108
WHEREAS subsection 92(1) of the Municipal Act, 2001, as amended, provides that
Township Council may pass by-laws for the maintenance and management of its
wastewater systems including sewers, sewer system, sewage works, treatment works
and watercourses and for regulating the manner, extent and nature of the reception and
disposal
of
wastewaters
including
sewage
and
land
drainage
from
the
area
municipalities and every other matter or thing related to or connected therewith that it
may be necessary and proper to regulate in order to secure to the inhabitants of the
Township Area an adequate system of sewage and land drainage disposal;
AND WHEREAS
Section 11 of Municipal Act, 2001 provides that the regulation and
operation of sewerage
is a sphere of jurisdiction and therefore the Township Council
has all the authority and powers in respect of any sewers which
mediately or
immediately enter into sewers or treatment works under the jurisdiction of the Township
of Huron-Kinloss;
NOW THEREFORE
the Council of the Township of Huron-Kinloss
enacts as follows:
1. DEFINITIONS:
In this by-law unless the context specifically indicates otherwise:
a)
Acute hazardous waste chemical means
"acute hazardous waste chemical" means a material which is an acute
hazardous waste chemical within the meaning of Ontario Regulation 309 as
amended, made under the Environmental Protection Act (Ontario).
b)
Authorized representative - owner - operator
"authorized representative of the owner or operator" means:
(i)
a principal executive officer of at least the level of vice president, if the
owner or operator is a corporation; or
(ii)
a general partner or proprietor if the owner or operator is a partnership or
proprietorship, respectively; or
(iii)
a duly authorized representative of the individual designated above if
such representative is responsible for the overall operation of the facilities
from which the sewage discharge
originates.
c)
"Biochemical Oxygen Demand (BOO)" means
the quantity of oxygen utilized in the biochemical oxidation of organic matter in
five (5) days at twenty degrees Celsius as determined in accordance with
Standard Methods and expressed in milligrams per litre;
(d)
"biomedical waste" means
---
Sewer
Use By-Law
Page 2
biomedical waste as defined in the Ontario Ministry of the Environment Guideline
C-4 entitled "The Management of Biomedical Waste in Ontario" dated April 1994,
as amended from time to time;
e)
"biosolids" means
stabilized municipal "sewage sludge" as included in Processed Organic Waste, in
Ontario Regulation 347, as amended, hauled sewage (septage) is not included in
this category;
f)
Blowdown means
"blowdown" means the discharge of recirculating non-contact cooling water for
the purpose of discharging materials contained in the water, the further build-up
of which would cause concentrations in amounts exceeding limits established by
best engineering practices.
g)
"building sewer" means
that part of a drainage system outside a building commencing at a point 0.9
meters from the outer face of the wall of the building and connecting the building
drain to a public sewer or place of disposal of sewage;
h)
"coliform count" means
the number of all coliform bacteria and expressed in number of coliform bacteria
per 100 millilitres of solution as determined in accordance with Standard
Methods;
i)
"colour of liquid" means
the appearance of a liquid from which the Suspended Solids have been
removed;
j)
"combined sewer" means
a sewer intended to function simultaneously as a storm sewer and a sanitary
sewer;
(k)
"combustible liquid" means
a liquid that has a flash point not less than 37.8 degrees Celsius and not greater
than 93.3 degrees Celsius;
(I)
"cooling water" means
water that is used in a process for the purpose of removing heat and that has not,
by design, come into contact with process materials and that has been circulated
through the cooling device, but does not include blowdown water;
m)
"discharger" means
an owner or person in occupation or having the charge, management or control
of a plant to which this by-law applies;
n)
"fuel" means
alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable substance
intended for use as a fuel;
0)
"garbage" means
solid wastes from the preparation, cooking and dispensing of food and from the
handling, storage and sale of produce;
p)
"hauled sewage" means
Sewer Use By-Law
Page 3
waste removed from a septic tank system, a cesspool, a privy vault or privy pit, a
chemical toilet, a portable toilet, a sewage holding tank or a sewage works;
q)
"ignitable waste" means
a substance that,
(i)
is a liquid, other than an aqueous solution containing less than 24 per
cent alcohol by volume and has a flash point less than 61 degrees
Celsius, as determined by the Tag Closed Cup Tester (ASTM 0-56-79),
the Setaflash Closed Cup Tester (ASTM 0-3243-77 or ASTM 0-3278-78),
the Pensky-Martens Closed Cup Tester (ASTM 0-93-79), or as
determined by an equivalent test method,
(ii)
is a solid and is capable, under standard temperature and pressure, of
causing fire through friction, absorption of moisture or spontaneous
chemical changes and, when ignited, burns so vigorously and persistently
that it creates a danger;
(iii)
is an ignitable compressed gas (Class 2, Division D) as defined in the
regulations under the Transportation of Dangerous Goods Act, 1992, S.C.
1992, as amended,
(iv)
is an oxidizing substance (Class 5, Divisions 1 and 2) as defined in the
regulations under the Transportation of Dangerous Goods Act, 1992, S.C.
1992, as amended;
(v)
"industrial" means of or pertaining to industry, manufacturing, commerce,
trade, business, or institutions as distinguished from domestic or
residential;
r)
"matter" means
any solid, liquid or gas;
s)
"non-domestic wastes" means
any liquid, solid or gaseous substance or combination thereof, other than sanitary
sewage, resulting from any industrial (or commercial/institutional) process or
research and shall include water from any air-conditioning, cooling or condensing
system;
t)
"PCS" means
any monochlorinated or polychlorinated biphenyl or any mixture of them or
mixture that contains one or more of them;
u)
"PCS waste" means
a PCS waste within the meaning of 0.Reg.362, as amended, made under the
Environmental Protection Act, RS.O. 1990 c.E. 19, as amended, (EPA);
v)
"pathological waste" means
pathological waste within the meaning of O.Reg.347, as amended from time to
time, made under the Environmental Protection Act, RS.O. 1990 c.E.19, as
amended, (EPA);
w)
"person" means
any person, firm, partnership or municipal or other corporation;
x)
"pesticides" means
a pesticide regulated under the Pesticides Act, RS.O. 1990, c.P., as amended,
(PA);
Sewer Use By-Law
Page 4
y)
"pH" means
the logarithm to the base 10 of the reciprocal of the concentration of hydrogen
ions in grams per litre of solution as determined in accordance with Standard
Methods;
z)
"phenolic compounds" means
those hydroxy derivatives of benzene, or its condensed nuclei, which can be
identified by the 4-Aminoantipyreme method in accordance with Standard
Methods as set out in the most current edition of Standard Methods for the
Examination of Water and Wastewater;
aa)
"Public Works Superintendent" means
the Public Works Superintendent of Public Works for the Township of Huron-
Kinloss, or the person duly authorized to act in his or her stead;
bb)
"reactive waste" means
a substance that,
i.
is normally unstable and readily undergoes violent changes without
detonating,
ii.
reacts violently with water,
iii.
forms potentially explosive mixtures with water,
iv.
when mixed with water, generates toxic gases, vapours or fumes in a
quantity sufficient to present danger to human health or the environment,
v.
is a cyanide or sulphide bearing waste which, when exposed to pH
conditions between 2 and 12.5, can generate toxic gases, vapours or
fumes in a quantity sufficient to present danger to human health or the
environment,
vi.
is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement,
vii.
is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure,
viii.
is an explosive (Class 1) as defined in the regulations under the
Transportation of Dangerous Goods Act, 1992, S.C., as amended;
cc)
"sanitary sewer" means
a sewer for the collection and transmission of sewage and to which storm,
surface and ground waters are not intentionally admitted;
dd)
"sewage" means
anyone or combination of sanitary sewage or non-domestic or water borne
wastes from residences, businesses, institutions or industries, together with such
ground, surface and storm waters which may be present and referred to at times
as 'wastewater';
ee)
"sewage works" means
all sewers, sewer systems, sewage pumping stations, water pollution control
plants and all other works for the collection, acceptance,
transmission,
treatment
or disposal of sewage;
ff)
"sewer" means
sanitary, combined
or storm sewer;
Sewer Use By-Law
Page 5
gg)
"single grab sample" means
a portion of the discharge from or deposit to the sewage works taken at a
particular time and place;
hh)
"spill" means
a direct or indirect discharge or deposit to the sewage works or the natural
environment which is abnormal in quality or quantity in light of all the
circumstances of the discharge;
ii)
"Standard Methods" means
the edition current at the date of testing, of "Standard Methods for the
Examination of Water and Wastewater" published jointly by the American Public
Health Association, the American Water Works Association and the Water
Environment Control Federation;
jj)
"storm sewer" means
a sewer for the collection and transmission of uncontaminated water, storm
water, drainage from land or from a watercourse or any of them and not
contaminated by sewage or similar wastewater;
kk)
"storm water" means
rainwater runoff, water runoff from roofs, flow from foundation drains, snow melt
and surface runoff;
11)
"Suspended
Solids" means
solid matter in or on a liquid, which matter, is removable by filtering;
mm)
"Township of Huron-Kinloss" means
The Corporation of the Township of Huron-Kinloss;
nn)
"Township Council" means
Municipal council of the Township of Huron-Kinloss;
00)
"Township Sewer or Township Sewer Works or Storm Sewer" means
respectively a sewer, sewage works, or storm sewer, under the control of the
Township of Huron-Kinloss;
pp)
"uncontaminated water" means
water to which no matter has been added as a consequence of its use, or to
modify its use;
qq)
"waste disposal site leachate" means
leachate from any waste disposal site;
rr)
"waste radioactive prescribed substances" means
uranium, thorium, plutonium, neptunium, deuterium, their respective derivatives
and compounds and such other substances as the Atomic Energy Control Board
may designate as being capable of releasing atomic energy or as being requisite
for the production, use or application of atomic energy.
ss)
"waste hauler" means
a company with a valid Certificate of Approval (C of A) for a Waste Management
System issued under Part V of the Environmental Protection Act, R.S.O. 1990,
Chapter E.19, as amended, from the Ontario Ministry of the Environment.
Note:
Sewer Use By-Law
Page 6
the C of A allows for the hauling, storing and disposing of sewage from a sewage
system, including emptying for these purposes;
tt)
"wastewater" means
the same as and be used interchangeably with 'sewage' as defined under (y)
above;
uu)
"wastewater systems" or 'facilities' means
the same as and be used interchangeably with 'sewage works' as defined under
(ee) above;
vv)
"Water Pollution Control Plant (WPCP)" or "Wastewater Treatment Facility"
means
any arrangement of devices and structures used for treating sewage;
ww)
"watercourse" means
an open channel or ditch constructed as or resulting from the construction of a
municipal work in which a flow of storm water occurs either continuously or
intermittently, including road ditches and including other natural depressions or
watercourses draining into any such open channel or ditch whether connected to
a storm sewer or not.
2. LIMITATION:
Nothing in this by-law shall be so construed as to permit anything, which by the
provisions of any applicable Act, Regulation or By-law is otherwise prohibited.
3. ADMINISTRATION AND ENFORCEMENT:
3.1 The Public Works Superintendent shall be responsible for the administration and
enforcement of this by-law
3.2 The Public Works Superintendent shall be permitted at all reasonable times to
enter upon any lands and into any building or other structure, except land or
premises lawfully being used as a dwelling, for the purpose of observation,
measurement, inspection, sampling and testing, to ascertain if the provisions of
this by-law are being complied with. No person shall hinder, prevent or obstruct,
or attempt to hinder, prevent or obstruct the Public Works Superintendent from
so doing.
4. USE OF SANITARY AND COMBINED SEWERS:
4.1 No person shall discharge or deposit or cause or permit the discharge or deposit
into any Township Sewer Works or into any sewer or sewer system connected
directly or indirectly with any Township Sewer Works, any matter or quantity of
matter which may be harmful to or may become harmful to such sewage works,
or which may interfere with their proper operation, or which may impair or
interfere with any sewage treatment process, or which may obstruct or may tend
to obstruct any sewer, or which may be or may become a hazard to persons,
property or animals, or, notwithstanding and without limiting the generality of the
foregoing, any of the following:
i.
sewage volumes or matter whose daily discharge exceeds twenty
percent (20%) of the annual average daily flow or loadings to the
receiving WPCP component of the sanitary sewage works, unless
otherwise approved in writing by the Public Works
Superintendent;
ii.
sewage containing pesticides or herbicides;
iii.
sewage containing dyes or colouring materials which pass
through a sewage works and discolour the sewage works
effluent;
Sewer Use By-Law
Page 7
iv.
sewage at a temperature in excess of 65 degrees Celsius (149°
Fahrenheit);
v.
flammable or explosive matter, and without limiting the generality
of the foregoing, gasoline, benzene, naphtha, fuel oil, acetone or
other solvents;
vi.
any quantity of matter capable of obstructing the flow in or
interfering with the proper operation of any part of the sewage
works, and without limiting the generality of the foregoing, any
such quantity of ashes, cinders, sand, straw, mud, shavings,
metal, glass, rags, feathers, plastic, wood or cellulose;
vii.
sewage containing pathological waste;
viii.
sewage having a PH less than 6.0 or greater than 10.5 or which
due to its nature or content becomes less than 6.0 or greater than
10.5 within a sewage works.
ix.
sewage that may cause a nuisance, and without limiting the
generality of the foregoing, sewage containing hydrogen sulphide,
carbon disulphide, ammonia, trichloroethylene, sulphur dioxide,
formaldehyde, chlorine, bromine, or pyridine, in such quantity that
an offensive odour could emanate from the sewage works or
could cause a nuisance;
x.
sewage containing animal waste, and without limiting the
generality of the foregoing, containing intestines, stomach
casings, intestinal contents, hides, hooves, toenails, horns, bones
or poultry heads or sewage containing hair, wool, fur, feathers,
paunch manure or fleshings in a quantity sufficient to interfere
with the proper operation of the sewage works;
xi.
any garbage, except from approved garbage disposal units or
grinders, or any food waste which has not been properly
shredded so that all particles will be carried freely under flow
conditions normally prevailing in public sewers;
xii.
sewage containing any of the following matter in excess of the
indicated concentrations
Limit
Parameter
(mg/L)
Aluminum
50
Antimony, Total
5
Arsenic, Total
1
Barium
5.0
Benzene
0.01
Biochemical Oxygen Demand
300
Cadmium, Total
0.7
Chloride
1500
Chloroform
0.04
Chromium, Total
5
Sewer Use By-Law
Page 8
xiii.
radioactive materials except as may be permitted under The
Atomic Energy Control Act, R.S.C., 1970 and amendments
thereto and regulations hereunder;
Cobalt, Total
5
Copper, Total
3
Cyanide, Total
1
1,4,0 Dichlorobenzene
0.47
Ethylbenzene
0.16
Fluoride
10
Iron
50
Kjeldahl Nitrogen, Total
100
Lead, Total
2
Mercury, Total
0.05
Methylene Chloride
0.21
Molybdenum, Total
5
Nickel, Total
3
o-Xylene
0.52
Phenolics, (4AAP)
1.0
Phosphorus, Total
10
Selenium, Total
5
Silver, Total
5
Solvent Extractables - animal or vegetable in origin
100
Solvent Extractables - minerals or synthetic in origin
15
Sulphate
1500
Sulphide
1.0
Suspended Solids, Total
350
1,1,2,2 - Tetrachloroethane
0.04
Tetrachloroethane
0.05
Tin
5.0
Toluene
0.27
Trichloroethylene
0.07
Zinc
5.0
Sewer Use By-Law
Page 9
xiv.
storm water, water from drainage of roofs or building foundations
or land or from a watercourse, or uncontaminated water except
that which may be discharged into a combined sewer;
xv.
sewage which consists of two or more separate liquid layers;
xvi.
PCS waste, except where:
a.
the discharger has a Certificate of Approval for a mobile
site or PCS mobile waste disposal system issued under
the EPA or where the discharger is claiming an exemption
and the discharger has demonstrated to the Public Works
Superintendent that the conditions of the exemption are
met;
b.
copy of the most recent certificate or provisional certificate
and any amendment is provided to the Public Works
Superintendent;
c.
the discharger has written approval from the Public Works
Superintendent for the discharge of the PCS waste to the
sewage works; and
d.
all requirements of O.Reg. 362, as amended, are met;
xvii.
regardless of any limitations set forth in this by-law, any quantity
of matter which may hinder or prevent the disposal or application
of sewage sludges on land due to limitations set forth in the
current "Provisional Guidelines for Sewage Sludge Utilization on
Agricultural Lands" as prepared by the Joint Ministerial
Committees of the Ontario Ministry of Agriculture and Food, the
Ontario Ministry of the Environment, and the Ontario Ministry of
Health or any successor guidelines or regulation(s); and
xviii.
regardless of any limitations set forth in this by-law, any volume or
quantity of matter which may cause the receiving Township
Sewage Works or treatment facility to exceed the limits within its
current Certificate of Approvals as issued by the Ontario Ministry
of the Environment.
5. INTERCEPTORS
FOR GREASE, OIL AND SAND:
5.1 Every owner of a hotel, restaurant, or institutional or commercial building shall
install an interceptor for grease, acceptable to the Public Works Superintendent,
in all kitchen sink and dishwasher waste pipes found in such hotel, restaurant, or
institutional or commercial building, unless otherwise approved by the Public
Works Superintendent.
5.2 The owner of a mechanical service garage, motor vehicle wash floor or similar
establishment or industrial discharger shall provide an interceptor for oil and sand
on the waste outlet from such mechanical service garage, motor vehicle wash
floor, or similar establishment and industry, unless otherwise approved by the
Public Works Superintendent.
5.3 Such interceptor shall meet the following specifications:
i.
shall be so designed that it shall not become air bound;
ii.
shall be so located as to be readily accessible for cleaning and
monitoring;
iii.
shall be of sufficient volume to intercept natural oil and grease, synthetic
or petroleum oil and grease, gasoline, sand or grit likely to flow into it
under peak flow conditions;
iv.
an interceptor for sand or grit for mechanical service garages, vehicle
parking areas, and vehicle wash floors shall have a volume sufficient to
retain sand or grit during any 10 hour period, but in no case shall have a
Sewer Use By-Law
Page 10
volume less than .56 cubic metres, measured below the invert of the
overflow;
v.
shall be water tight, constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature, made of
substantial construction, and equipped with easily removable covers
which when bolted in place shall be gas and water tight; and
vi.
shall be designed to support any accompanying or adjoining overburden.
5.4 Such interceptor shall be maintained by the owner, at the owner's expense, in
good working order. The owner is required to produce maintenance records for
the preceding eighteen (18) month period on request by the Public Works
Superintendent. The Public Works Superintendent shall have the right to enter
upon the premises at any time to inspect the operation and maintenance of an
interceptor.
6. SAMPLING:
6.1 Every manhole, device or facility installed as required by this by-law shall be
designed and constructed in accordance with good engineering practice and the
requirements of the Public Works Superintendent, and shall be constructed and
maintained on the lands of the owner or occupant of the premises at the expense
of such owner or occupant.
6.2 The owner or occupant of commercial or industrial premises shall at all times
ensure that every manhole, device or facility installed as required by this by-law
is at all times accessible for the purpose of observing, sampling and measuring
the flow of sewage therein.
6.3 The Public Works Superintendent may require the owner or occupant of
commercial or industrial premises to install devices to monitor sewage
discharges and to submit regular reports regarding the discharges.
6.4 All measurements, tests, and analysis of the characteristics of the sewage and
wastes to which reference is made in this by-law, shall be carried out in
accordance with "Standard Methods for the Examination of Water and Sewage"
at the control manhole required pursuant to this section of this by-law or upon
suitable samples taken therefrom.
7. BUILDING
SEWERS:
7.1 No person shall connect or cause or permit the connection of any roof water
leader (eavestrough downspout) or building foundation drain (weeping tile)
mediately or immediately to a sanitary sewer or combined sewer which ultimately
discharges to a Township Sewage works.
7.2 The Public Works Superintendent may at any time disconnect or cause to be
disconnected, any building sewer from a Township Sewer or any sewer system
tributary thereto, and no sewer so disconnected shall be subsequently
reconnected, except with the written consent of the Public Works Superintendent.
8. STORM SEWER REQUIREMENTS:
8.1 No person shall discharge or deposit to or cause or permit a discharge to a storm
sewer unless all of the following are met:
i.
the discharge is uncontaminated cooling water or storm water
or uncontaminated water;
ii.
the discharge does not interfere with the proper operation of a
storm sewer;
iii.
the discharge does not obstruct or restrict a storm sewer or the
flow therein;
Sewer
Use By-Law
Page 11
iv.
the discharge does not result in any hazard or other adverse
impact, to any person, animal, property, or vegetation;
v.
the discharge does not impair the quality of the water in any
well, lake, river, pond, spring, stream, reservoir or other water
or watercourse;
vi.
the discharge does not contravene or result in the
contravention of a certificate of approval or provisional
certificate of approval issued under the Ontario Water
Resources Act (OWRA) or the Environmental Protection Act
(Ontario) (EPA), as amended, with respect to the storm sewer
and/or its discharge from the storm sewer into a watercourse;
vii.
the discharge does not contravene or result in the
contravention of the Fisheries Act with respect to the storm
sewer and/or its discharge from the storm sewer into a
watercourse;
viii.
the discharge does not have one or more of the following
characteristics:
i) two or more separate layers; or
ii) a pH less than 6.5 or greater than 8.5;
ix. the discharge does not contain one or more of the following:
biomedical waste as defined in the Ontario Ministry of the Environment
Guideline C-4 entitled "The Management of Biomedical Waste in Ontario"
dated April 1994, as amended from time to time;
a.
combustible liquids;
b. fuels;
c. hauled sewage;
d. hauled waste;
e. ignitable waste;
f. PCB waste;
g. pesticides;
h. process wastes or wastewaters;
i. reactive waste;
j. sewage (domestic or other);
k. waste radioactive prescribed substances; or
I.
waste disposal site leachate;
x.
the discharge does not contain contaminants from raw
materials, intermediate or final products or wastewater from a
commercial or industrial operation;
xi. the discharge does not have or cause an offensive odour; and
xii. the discharge does not contain coloured matter which would
require a dilution in excess of four (4) parts of distilled water to
Sewer Use By-Law
Page 12
one (1) part of such discharge to produce a mixture the colour
of which is not distinguishable from that of distilled water.
9.
CONNECTIONS:
9.1
Any person who wishes to connect a sewage works to a Township Sewage
Works shall pay the fees as set from time to time by Township Council.
9.2.
No person shall connect or cause or permit the connection of any private sewage
treatment works to a Township Sewer unless the plans, specifications and other
pertinent information have been submitted to and approved by the Public Works
Superintendent, the above mentioned fees have been paid, and thereafter all
sewage discharged into the Township Sewage Works shall be in compliance with
the requirements of this by-law.
9.3.
No person shall discharge or deposit into or cause or permit a discharge or
deposit into any Township Sewage Works, any sewage or other refuse or matter
of any kind, by any means other than by an authorized connection or entry to
such works.
10.
HAULED SEWAGE:
10.1
A waste hauler shall only deposit hauled sewage to a Township Sewage Works
in compliance with the sewage works current Certificate of Approval and only if
the hauled sewage meets the conditions set out in O.Reg. 347, R.S.O. 1990, as
amended from time to time, and has originated from sources within the municipal
boundaries of the Township of Huron-Kinloss.
10.2
The waste hauler shall not deposit any hauled waste that contains any substance
or material prohibited by this by-law, except that it may exceed the limits
specified in this by-law in respect of BOO, Suspended Solids and Phosphorus
and other limits as may be established by the Township of Huron-Kinloss, as
agreed to by the Public Works Superintendent.
10.3
The waste hauler shall, at all times, have and maintain all necessary approvals,
permits and or certificates required under Ontario legislation and regulations in
carrying on the activity as a hauler of hauled sewage. The waste hauler shall
obtain from the Public Works Superintendent, in advance; authorization for
permission to deliver hauled wastes to one or more Township Water Pollution
Control Plants.
10.4
Prior to depositing any hauled sewage to a Township Water Pollution Control
Plant, the waste hauler, and his/her or its respective employee or agent, shall
complete, in a legible manner, a "Hauled Waste Record" form provided by the
Public Works Superintendent. The waste hauler shall record date, time, volume
and source. The Public Works Superintendent may amend the "Hauled Waste
Record" form at any time and the waste hauler agrees to complete any such form
provided by the Public Works Superintendent.
10.5
The Public Works Superintendent may refuse to accept any hauled sewage at a
sewage works if that sewage works does not at that time have capacity to treat
that sewage or if any provisions of this Section are not met.
10.6
The Public Works Superintendent may give written approvals to waste haulers,
permitting them and their specified vehicles to deposit sewage to specified
sewage works during specified times, and may give written approvals to sewage
generators permitting specified sewage generated by them to be received at
specified sewage works.
10.7
The Public Works Superintendent may revoke immediately any such approvals if
the requirements of this by-law, or any policies or procedures implementing this
by-law, are not met.
10.8
The Public Works Superintendent may require sampling and testing of hauled
sewage, at the expense of the waste hauler or sewage generator, as the Public
Works Superintendent considers necessary.
Sewer Use By-Law
Page 13
10.9
The fees charged for these approvals shall be as set from time to time by
Township Council.
10.10 The fees charged for receiving and treating these wastes shall be as set from
time to time by Township Council.
11.
MANHOLE COVER OR OPENING:
11.1
No person shall remove or tamper with or cause or permit any removal or
tampering with any manhole cover or any other opening into any Township
Sewage Works without the express approval of the Public Works Superintendent.
12.
SURCHARGE AGREEMENTS:
12.1
Discharges, from a site, of wastes with BOO, Suspended Solids or Phosphorus
higher than the limits specified in Section 4 of this by-law may be permitted by
agreement between the discharger and the Public Works Superintendent. A
person discharging in compliance with such agreement shall be deemed not to
be discharging in violation of the requirements of Section 4 of this by-law
regarding BOO, Suspended Solids or Phosphorus. However, such agreement
shall not relieve a person discharging from complying with all other provisions of
this by-law.
12.2
A person may apply to the Public Works Superintendent for such agreement and
at or before the time of such application shall:
Ii.
pay an application fee in an amount as set from time to time by Township
Council; and
Iii.
install a sewage sampling station of a type and in a location satisfactory
to the Public Works Superintendent, and establish a means, satisfactory
to the Public Works Superintendent, of measuring the quantity of sewage.
12.3
Such agreement shall specify the maximum quantity of sewage; the maximum
discharge rate, the maximum BOO, the maximum Suspended Solids, and the
maximum Phosphorus permitted in respect of the person discharging. These
levels shall be established by the Public Works Superintendent.
12.4
Such agreement shall specify the sampling method or methods to be employed
to ascertain the BOO, Suspended Solids and Phosphorus.
12.5
Such agreement shall provide that a person discharging shall pay a surcharge
calculated according to the following formula:
Sc = V x F (0.45B + 0.45SS + 0.1OP) C where:
Sc = Surcharge
in dollars
V = Volume of sewage in cubic metres
F = Factor to convert mg/L to kilograms per cubic metre = 1/1,000
B = Total BOO - by-lawlimitmg/LwhereTotalBOO= the averageof the three
highest values of BOO measured for 24-hour composite samples for the
calculation period. Where fewer than three of the values exceed the by-law limit,
the by-law limit shall be substituted for each value below the by-law limit to
calculate the average.
S = Suspended Solids - by-law limit mg/L where Suspended Solids = the average
of the three highest values of Suspended Solids measured for 24-hour composite
samples for the calculation period. Where fewer than three of the values exceed
the by-law limit, the by-law limit shall be substituted for each value below the by-
law limit to calculate the average.
P = Total Phosphorus - by-law limit mg/L where Total Phosphorus = the average
of the three highest values of Phosphorus measured for 24-hour composite
samples for the calculation period. Where fewer than three of the values exceed
Sewer
Use By-Law
Page 14
the by-law limit, the by-law limit shall be substituted for each value below the by-
law limit to calculate the average.
C = Costs in dollars per kilogram of BOO plus Suspended Solids plus
Phosphorus removed at Township Water Pollution Control Plants as set from
time to time by Township Council, considering projections for the year, based on
historical experience of actual costs for operating, administration, supervision
and capital.
12.6
Such agreement shall provide terms and conditions for the calculation and
payment of the surcharge, which are satisfactory to the Public Works
Superintendent. Such terms and conditions shall include provision for a
calculation period of one calendar month. Such terms and conditions may
include provision for payment due dates, deposits, interest, and quarterly
billings.
12.7
Such agreement may contain such other terms and conditions as in the opinion
of the Public Works Superintendent are appropriate.
12.8
Throughout the term of such agreement, the discharger shall maintain a sewage
sampling station of a type and in a location satisfactory to the Public Works
Superintendent and shall discharge all sewage subject to surcharge
through this sampling station.
12.9
Throughout the term of such agreement the discharger shall maintain a means,
satisfactory to the Public Works Superintendent, of measuring the quantity of
sewage. If a sewage meter is installed for this purpose, a discharger shall
discharge all sewage subject to surcharge through this sewage meter. If a
sewage meter is not installed, the total volume of sewage discharged shall be
deemed to be the same as the total volume of water supplied to the person
discharging over the same period, less any water proven, to the satisfaction of
the Public Works Superintendent, to have left the site by other means. The
person discharging shall assist the Public Works Superintendent to calculate the
said total volume of water. The Public Works Superintendent may use any
manner or method of calculating this volume that the Public Works
Superintendent considers practicable.
12.10
Throughout the term of such agreement, the Public Works Superintendent may:
I)
take such steps as are necessary for the purpose of testing sewage
discharge and measuring the volume of sewage discharged, including
conducting, requesting, and authorizing such testing and measuring; and
11)
require a person discharging
to install and maintain devices to monitor
sewage discharge strengths or volumes and to submit regular reports of
such strengths or volumes.
12.11
Such agreement may be terminated at any time by the Public Works
Superintendent for any reason that the Public Works Superintendent may
consider sufficient. Without restricting the generality of the foregoing, any of the
following shall be sufficient reason:
i)
contravention by the person discharging, of any provision of this by-law;
ii)
failure of the person discharging to carry out any requirements of the
Public Works Superintendent made pursuant to this by-law; or
iii)
failure of the person discharging to pay the surcharge pursuant to this by-
law; and
iv)
failure to abide by all conditions of the surcharge agreement.
13.
PRIOR AGREEMENTS:
13.1
This by-law shall not prohibit the discharge of sewage expressly permitted by an
agreement, between any person and the Ontario Ministry of the Environment,
existing at the time this by-law comes into force.
Sewer Use By-Law
Page 15
14.
PROGRAM APPROVAL:
14.1
The owner or occupant of commercial, industrial or institutional premises may
submit for approval to the Public Works Superintendent, a program to prevent or
reduce and control the discharge or deposit of sewage or uncontaminated water
into connections to a sewage works or to a storm sewer from those premises.
14.2
The Public Works Superintendent may issue an approval to be known as a
"program approval" to the person who submitted the program. The program
approval may contain such terms and conditions as in the opinion of the Public
Works Superintendent are appropriate.
14.3
A person to whom a program approval has been issued shall not be prosecuted
under Section 4 or 7 of this by-law for the discharge or deposit of sewage during
the period within which the program approval is applicable provided that the
person complies fully with the terms of the program approval.
15.
PROHIBITION OF DilUTION:
15.1
No person shall add or cause or permit the addition of water or any other material
from any source to sewage for the sole purposes of dilution to achieve
compliance with this by-law.
16.
SPillS
& HAZARDOUS WASTE:
16.1
Any person responsible for any discharge or who caused or permitted a
discharge to a sewage system which may be considered hazardous to persons,
property or animals, or any discharge which may be considered detrimental to
the natural environment or the efficient operation, or safety of Township
treatment systems or personnel shall immediately notify the Public Works
Superintendent of such discharge.
16.2
All costs incurred by the Township as a result of such discharge shall be borne
by the responsible person.
16.3
If in the opinion of the Public Works Superintendent the installation of any
devices, structures or equipment is required to prevent, contain or reduce the
discharge of material to the sewage system which may be hazardous or become
hazardous to persons, property or animals or detrimental to the natural
environment efficient operation of the sewage works, such devices, structures or
equipment shall:
I.
be installed and maintained in good working order at the expense of the
owner or occupant of the premises;
Ii.
be designed, constructed and maintained in accordance with good
engineering practices, the requirements of The Public Works
Superintendent and any applicable building or plumbing codes; and
Iii.
in emergency circumstances, the Township may arrange for temporary
works and operational arrangements, to limit the discharges or other
negative or dangerous impact, until such time as the owner or occupant
has undertaken all necessary means to control the problem; all costs
related to the temporary arrangements shall be borne by the owner.
16.4
The owner or occupant of commercial or industrial premises may be required by
the Public Works Superintendent to develop and maintain a Spills Response
Contingency Plan to the satisfaction of the Public Works Superintendent which:
shall be reviewed and updated on a yearly basis by the owner or
occupant;
ii
together with all updates shall be provided to the Public Works
Superintendent no later than 30 days after completion;
iii
shall be readily available to all the staff of the owners or occupants; and
Sewer Use By-Law
Page 16
iv
shall be reviewed yearly with all the staff of the owners or occupants.
17.
MAINTENANCE AND RECORD KEEPING:
17.1
Any device, structure or equipment required to comply with this by-law shall be
maintained at all times in good working order and readily available for inspection
by the Public Works Superintendent or authorized representative.
17.2
The owner or occupant is required to produce maintenance, calibration and
inspection records for the preceding thirty six (36) month period upon request by
the Public Works Superintendent of such devices, structures, equipment or
records as required as a result of this by-law.
17.3
The Public Works Superintendent or authorized representative shall have the
right to enter the premises at any time to inspect the operation and maintenance
of such devices, structures, equipment or records required as a result of this by-
law.
18.
OFFENCE:
18.1
Any person who contravenes any provision of this by-law is guilty of an offence
and is liable to a fine of not more than $10,000, upon conviction of a first
offence, and $25,000 for any subsequent offence under this by-law.
18.2
Notwithstanding subsection (1), where a corporation is convicted of an offence
under this by-law, the maximum penalty that may be imposed upon the
corporation is $50,000 for the first offence and $100,000 for any subsequent
offence.
19.
EXCEPTIONS
19.1
This by-law shall not prohibit the use of any substance or discharge of any
sewage expressly permitted or required by the Medical Officer of Health.
20.
REPEAL OF PREDECESSOR BY-LAW
20.1
By-laws inconsistent with this By-Law and all amendments thereto be and the
same are hereby repealed upon the coming into force of this by-law.
21.
SEVERABILITY
21.1
If any section or sections of this by-law, or parts thereof, is or are found by any
Court or tribunal to be illegal or beyond the power of the Region's Council to
enact, such section or sections or parts thereof shall be deemed to be severable
and all other sections or parts of this by-law shall be deemed to be separate and
independent there from and to be enacted as such.
22.
COMING INTO FORCE:
22.1
This by-law shall come into full force and effect upon the sixteenth day of
December 2002.
22.2
This by-law may be cited as the "Huron-Kinloss Sewer Use By-Law"
READ SEVERALLY a FIRST, SECOND and THIRD TIME and FINALLY PASSED this
16th day of December 2002.