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THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 80-2004
Being a by-law regulating the use of public and private sewer systems
in the Town of Kingsville
WHEREAS Section 11(1)4 of the Municipal Act, S.O. 2001, c. 25 authorizes
council to pass a by-law respecting public utilities including sewage systems;
AS WHEREAS this authority includes the power to regulate the installation
and connection of sewers and the discharge of water and wastes into sewage
works system;
AND WHEREAS Council has the authority to require owners of buildings to
connect said buildings to the sewage works for the Town of Kingsville;
AND WHEREAS it is deemed expedient by the Council of The Corporation of
the Town of Kingsville to pass a by-law to regulate the use of public and
private sewer systems, the discharge of water and waste into the sewage
works system and requiring owners of buildings to the sewage works in the
Town of Kingsville.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
1. In this by-law:
(a) "Building" means
(i)
a structure occupying an area greater them ten squares meters
consisting of a wall, roof and floor or any of them or a structural
system serving the function thereof including all plumbing,
works, fixtures and service systems appurtenant thereto;
(ii)
a structure occupying an area of ten square meters or less that
contains plumbing, including the plumbing appurtenant thereto;
(iii)
plumbing not located in a structure, a sewage system; or
(iv)
structures designated in the Building Code;
(b) "Building sewer" shall mean that the part of the drainage piping outside
a building or structure that connects a building drain to the sewer
service connection;
(c) "Chief Building Official" means a Chief Building Official appointed by
by-law by council;
(d) "Connections" means the connection of a building sewer to a sewage
works systems including the service pipe from the interior face of the
outer wall of the building to:
(i)
the street property line where a sewer service connection
has been installed from the main sanitary sewer to the street
line, or
(ii)
the main sanitary sewer where a sewer connection line has
not been so installed, and if the property on which the
building is located is the source of different types of sewage
which are required to be delivered separately to the sewage
works connections includes separate connections for the
different types of sewage;
(e) "Council" means the Council of The Corporation of the Town of
Kingsville;
(f) "Inspectors" means an Inspector appointed by Council of the Town;
(g) "Main combined sewer" shall mean a sewer which carries sewage and
collects storm water;
(h) "Main sanitary sewer" shall mean a sewer which carries sewage, to
which storm, surface and ground waters are not admitted;
(i) "Main storm sewer" shall mean a sewage works for the collection of
storm water;
(j) "Notice" means a notice given pursuant to this by law requiring a
connection to be made;
(k) "Owner" means the owner of a building and includes the registered
owner of, the person shown on the assignment roll as owner of, and
the actual owner of a building or any property on which a building is
located;
(l) "Sewage" shall mean sanitary sewage or storm sewage;
(m)"Sanitary sewage" means liquid or water borne waste
(i)
of industrial or commercial origin; or
(ii)
a domestic origin, including human body waste, toilet or other
bathroom waste, and shower, tub, culinary, sink and laundry
waste;
(n) "Storm sewage" means the water that is discharged from a surface as
a result of rainfall, snow melt or snowfall;
(o) "Sewage work" shall mean and include any main combined sewer,
main sanitary sewer or main storm sewer, including their branches,
operated and maintained by or on behalf of the Town for their
acceptance, collection, transmission, or disposal of sewage;
(p) "Sewer service connection" shall mean the extension from any main
sewer to the property line and is owned and controlled by the Town;
(q) "Town" means the Corporation of the Town of Kingsville
PUBLIC AND PRIVATE SEWER SYSTEMS
2. JURISDICTION
(a) At the time of connection, repairs or alteration, the Inspector shall
inspect all building sewers and shall not permit any illegal
connections to be made to the sewage works as set out in this by-
law;
(b) After the installation of the building sewer, the owner shall be
responsible for the satisfactory operation, cleaning, repairs,
replacement and maintenance of the building sewer;
(c) The sewer service connection shall be the responsibility of the
Town;
3. APPLICATION FOR PERMIT
No person shall connect or make any connection to a sewer service
connection without first having obtained a permit from the Chief
Building Official:
(a) Applications shall be made, in writing, to the Chief Building Official
on the form prescribed.
(b) Upon receipt of a property, completed applications the Chief
Building Official shall issue a permit for the connection, unless the
proposed works will contravene this by-law or any other applicable
law.
(c) The fee to be paid to the Town shall be as per the Town's Fees by-
law, as amended from time to time.
4. REGULATIONS FOR BUILDING SEWER AND SEWER SERVICE
CONNECTIONS
No connection shall be made to the sewage works except as follows:
(a) Each building must have a separate building sewer, except with the
written approval of the Chief Building Official;
(b) All connections to the sewage works shall be as per the Town's
Development Manual and the Ontario Building Code, as amended
from time to time;
(c) No connections shall be made until a permit has been issued in
accordance with by-law, and no said connection shall be made
expert with the approval of the Chief Building Official;
(d) Where no sewer service connections exists, all labour and
materials necessary for the installation for the sewer service
connections shall be paid for by the owner. The owner shall make
an application in writing to the Town on the prescribed form. A
deposit in the amount specified in the Town's Fee by-law, as
amended from time to time, shall accompany the applications. The
balance of payment, If any, shall be invoiced upon completion
(e)
(i)
Nothing in this section shall relieve the owner from the
obligation of maintaining a building sewer in accordance with
the provisions of this by-law;
(ii)
A clean-out shall be installed in every building drain in
compliance with the Ontario Building Code, 0. Reg. 403/97,
as amended;
(iii)
Upon connection to the sewage works any septic tanks,
cesspools and similar private sewage disposal facilities shall
be pumped out and filled with sand, removed or destroyed;
(f) No person shall even cause or permit the discharge of any storm
water into the main sanitary sewer;
(g) The building sewer shall be connected to the building at an
elevation below the foundation footing where existing grade will
permit. No building sewer shall be laid parallel to within three (3)
feet of any bearing walls. The building sewer shall be laid at
sufficient depth to afford protection from frost and at uniform grade
in straight aliment wherever possible;
(h) All excavations required for the installation of a building sewer shall
be by open trench unless otherwise approved by the Chief Building
Official. All pipes shall be installed and inspected according to
Ontario Building Code specifications;
(i) All excavation for a building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property
distributed in the course of works shall be restored by the owner or
his authorized representative, in a manner satisfactory to the town;
(j) The applicant for a connection permit give at least twenty four (24)
hours' notice to the Building Department when the building sewer is
ready for inspection.
CONNECT BUILDING TO SEWAGE WORKS
5. Every owner of a building shall connect the building to the sewage works
of the Town.
6. (1) Any connection required to be made by as owner under this by-law
shall be made within twelve(12) months of notice or within such periods of
time, if any, as are granted by the Chief Building Official as an extension
pursuant to provisions of this by-law;
(a) The Chief Building Official may, on the applications of an owner to
whom notice has been sent, grant an extension of the period of
twelve(12) months within which the connection must be made;
(b) An extension, if granted, must not be for a period longer than two
(2) years from the end of the twelve-month period provided by the
notice;
(c) If the first extension is for a period less the one (1) year, one further
extension with an expiry date not more than two (2) years from the
end of the original twelve-month period provided by the notice may
be granted by the Chief Building Official and no further extension
may be granted.
(2) Any Notice hereunder:
(a) shall require the owners to make the connection:
(b) shall advise the owner;
(i)
of the date on which the twelve-month period expires;
and,
(ii)
that if the owner fails to make the connection as
required, the Towns has the right to make said
connection at the owner's expenses and to recover the
expenses by court action or in like manner as municipal
taxes; and,
(c) shall make reference to this by-law;
(d) Notwithstanding the foregoing, any notice hereunder shall not
serve to limit the time specified in an order of the Chief Building
Official to remedy an unsafe building;
(3) If a building is connected to a main combined sewer and a separate
sanitary sewer and a main storm sewer are made available to serve the
land on which the building is located, the building shall be connected to
the sewage works in the manner such that the different types of sewage
are drained separately into the sewage works upon notice.
GENERAL
7.
(a) No person shall maliciously, willingly or negligently break, damage,
destroy, deface, or tamper with any structure, appurtenance, or
equipment which is part of a sewage works.
(b) An inspector and other duly authorized employees of the Town,
bearing the proper credentials and identifications, shall be permitted to
enter upon all properties in the Town for the purpose of inspections,
observations, measurements, sampling, and testing in accordance with
the provisions of this by-law.
(c) This by-law does not limit the operation of any by-law, regulation or
statute regulating or prohibiting the types of content of waste or other
material which may be drained into a sewer or sewage works.
PENALTIES
8.
(a) Every person who contravene any provision of this by-law is guilty of
an offence and shall be liable to be fine in the amount to be determined
pursuant to the Provincial Offences Act, R.S.O. 1999, c. P.33, and
every such fine is recoverable under the provincial act;
(b) If any court of components jurisdiction finds that any of the provisions
of this by-law are ultra vires the jurisdiction of Council; or are invalid for
any reason, such provision shall be deemed to be servable and shall
not invalidate any other provisions of the by-law which shall remain in
full force and effect;
(c) If any building sewer or any connections to s sewer service
connections or sewage works is made by an owner or his authorized
representative contrary to the provisions of this by-law, the owner shall
repair such defective work or material within time specified by the Chief
Building Official or Inspector. Id the owner fails to repair such work, the
Town may repair the work which shall include the right to enter upon
the lands and the cost of such repairs shall be added to the tax roll for
the property an collected in the same manner as other municipal taxes.
9. This by law shall come into full force and effect upon the final passing
thereof.
READ A FIRST AND SECOND TIME THIS 27th DAY OF SEPTEMBER,
2004.
READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF
SEPTEMBER, 2004.
MAYOR, Nelson Santos
CLERK, Linda Burling