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THE CORPORATION
OF THE TOWNSHIP
OF MALAHIDE
BY -LAW NO. 13 -49
Being a By -law to regulate the control of discharges to the
Springfield
Sewage
Works.
Sewer Use By -law
Part
1
Short Title
Part 2
Definitions
Part 3
Application
Part 4
Sanitary Sewer Requirements
Part 5
Prohibition
of Dilution
Part 6
Food Related Grease Interceptors
Part 7
Vehicle and Equipment Service Oil and Grease Interceptors
Part 8
Water Originating from a Source Other Than A Private Well
Supply
Part 9
Spills
Part 10
Separate
Businesses
with Single Service
Part 11
Manholes
Part 12
Authority of Designated Sewer Officer to Investigate
Part 13
Disconnection
from
Sewer
Part 14
Sanitary Sewer Connections
Part 15
Offences
Part 16
Provision of Notice
Part 17
Access to Information
Part 18
Severability
Part 19
Interpretation
Part 20
Repeal of By -law
Part 21
Enactment
Part 22
Schedule " A"
Part 23
Schedule " B"
Part 24
Schedule " C"
Introduction
This By -law shall apply to all sewers, including sanitary, sewage works, and any
connections thereto which enter into such sewers or sewage works, which are publicly or
privately owned or operated and are located within the Village of Springfield.
This By -law does not apply to the discharge of any matter or sewage in an emergency,
as determined by 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. 17, as
amended.
This By -law outlines controls for discharges into the Springfield Sewage Works.
The objectives of this By -law include:
a)
Protecting the Springfield Sewage Works from damage or obstruction;
b)
Protecting the residents of the Township who live in the Village of
Springfield, Municipal
Staff, and property from potential
hazardous
conditions;
c)
Assisting
optimum wastewater
system efficiency
by preventing
potential
contaminants from entering the sewage works;
d)
Increasing the efficiency by preventing unnecessary groundwater from
entering
into the sewage works;
e)
Protecting the environment and any downstream infrastructure including
the Ontario Police College ( OPC) pumping facility and the Aylmer
Lagoons-land
f)
Assisting The Corporation of the Township of Malahide
in maintaining
regulatory
compliance
as established
by the Province.
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
BY -LAW NO. 13 -49
Being a By -law to regulate the control of discharges to the
Springfield
Sewage Works.
WHEREAS Section 11 of the Municipal Act, 2001, S. O. 2001, c. 25, as
amended, (
the " Act ") provides that a municipality may enact by -laws in respect of public
utilities, including the collection of sanitary sewage;
AND WHEREAS the Council of The Corporation of the Township of
Malahide deems it desirable to enact a by -law to control discharges into the Springfield
Sewage Works;
AND WHEREAS
Sections
78 to 93 of the Act provide further authority for
the Township of Malahide in respect of public utilities, including the collection of sanitary
sewage;
NOW THEREFORE
the Council of The Corporation of the Township of
Malahide
HEREBY
ENACTS
AS FOLLOWS:
Part 1:
Short Titl
This By -law may be referred to as the " Sewer Use By -law ".
Part
2: Definitions
In this By- law-
BIOMEDICAL WASTE" means biomedical waste as defined in the Ontario Ministry of
the Environment
Guideline
C -4 entitled " The Management
of Biomedical Waste in
Ontario ", dated November 2009, as amended from time to time;
BIOCHEMICAL
OXYGEN
DEMAND (
BOD)" means the five ( 5) day BOD which is 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 oxidize inorganic
material such as sulphides and ferrous iron,
and the amount of oxygen used to oxidize reduced forms of nitrogen ( nitrogenous
demand);
BIOSOLIDS" means the product of stabilized organic solid material recovered from the
wastewater
treatment
process;
CHIEF ADMINISTRATIVE OFFICER" means the person designated by the Council of
The Corporation of the Township of Malahide as its Chief Administrative Officer or his or
her designate;
CLEAR- WATER WASTE" includes non - contact cooling water and other water that
has not come into contact with wastewater
contaminant
sources;
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;
CONSUMER" means any person or persons, Township or any other Municipal
Corporation, the Government of Ontario, or the Government of Canada whose property
is connected to the Springfield Sewer Works or any lessee or occupant of such property
or any person who directly or indirectly discharges or deposits, or causes or permits the
discharge
or deposit of wastewater
into the Sewage Works,
CONNECTION"
or " DRAIN" means that part or those parts of any pipe or system
of
pipes leading directly or indirectly to a Sewage Works;
CONTRACTOR"
means an individual or person qualified to install or repair a service to
the specification of this By -law who has been approved by a Designated Sewer Officer;
COUNCIL" means the Council of the Township or its designate;
DESIGNATED
SEWER OFFICER"
means the person appointed by the Council, and
their successors, or their duly authorized designate who administers this By -law and
carries out the duties and responsibilities described herein;
DOMESTIC
WASTEWATER" means waste produced on and released from a
residential, commercial, or institutional premise as a result of normal human living
processes and includes sanitary waste and wastewater from showers and restroom
washbasins;
FUEL" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable
substance
intended
for use as a fuel;
HAULED
WASTEWATER"
means
waste
removed
from
a
wastewater
system,
including
a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a
portable toilet, or a wastewater
holding tank but does not include sludge removed
from
wastewater
treatment
plants;
HAZARDOUS
SUBSTANCE" means:
Any substance
or mixture
of substances, other than
a pesticide, that exhibits
characteristics of flammability, corrosivity, reactivity or toxicity; and
ii.
Any
substance
that
is
designated '
as
hazardous
within
the
Environmental
Protection
Act, R. S. O.
1990,
c. E. 19,
as
amended
and
includes
hazardous
industrial
waste
and
hazardous
waste
chemical
within
the
meaning
of Ontario
Regulation 347, as amended;
HAZARDOUS
WASTE" means any Hazardous Substance disposed of as waste;
IGNITABLE
WASTE" means a substance that:
Is a liquid, other than an aqueous solution containing less than 24 percent alcohol
by volume and has a flash point less than 93 degrees Celsius, as determined by
the Tag
Closed Cup Tester ( ASTM
D- 56 -97a), the Setaflash Closed Cup Tester
ASTM
D- 3828 -97
or ASTM
D- 3278- 96e1), the Pensky - Martens Closed Cup
Tester (ASTM
D- 93 -97), 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
as
defined
in
the
regulations
made
under
the
Transportation
of Dangerous Goods Act, 1992, S. C. 1992, c. 34 , as amended
or
any successor
legislation thereto ( " TDGA "); or
iv.
Is an oxidizing substance as defined in the regulations under the TDGA;
MUNICIPAL SEWER CONNECTION"
means that part of any Drain leading directly or
indirectly from a Private Sewer Connection and connected to the Springfield Sewage
Works and located within the limits of the public road allowance, or other public lands or
public land interests
held for sewage
purposes;
NON- DOMESTIC WASTEWATER" means
all wastewater
except Domestic
Wastewater, Storm Water, Uncontaminated
Water, and Septic Tank Waste;
PATHOLOGICAL
WASTE" means
a material which
is a pathological
waste within the
meaning of Ontario Regulation 347, as amended made under the Environmental
Protection Act, R. S. O. 1990, c. E. 19 ( EPA) or any material which may be designated
in
writing by the Chief Medical Officer of Health;
PCB" means any monochlorinated or polychlorinated biphenyl or any mixture of them or
mixture that contains one or more of them; a PCB waste within the meaning of Ontario
Regulation 352, as amended, made under the Environmental Protection Act, R. S. O.
1990, c. E. 19.
PESTICIDE" or " Pesticides"
means
a pesticide
regulated
under the Pesticides
Act,
R. S. O. 1990, c. P. 11, as amended or any successor legislation thereto;
POLLUTION PREVENTION" means
the use of processes, practices, materials,
products, substances
or energy that avoid or minimize
the creation of pollutants
and
wastes;
PRIVATE SEWER CONNECTION" means that part of any Drain or system of drains,
including drains
or subsurface drainage pipe for surface
or
subsurface
drainage
of the
land in or adjacent to a building, lying within the limits of the private lands and leading to
a Municipal
Sewer Connection ;
PROHIBITED WASTE" means prohibited waste as defined in Schedule " A" to this By-
law;
REACTIVE WASTE" means a substance that,
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;
or
viii.
is an explosive ( Class
1) as defined
in the regulations
under the Transportation
of Dangerous
Goods Act, 1992, S. C. 1992, as amended;
RESTRICTED
WASTE" means restricted waste as defined
in Schedule " B" to this By-
law;
SANITARY SEWER" means a sewer for the collection
and transmission
of domestic or
industrial wastewater
or any combination
thereof;
SEPTIC TANK WASTE" means any waste extracted from a cesspool, septic tank,
sewage holding tank, seepage pit, interceptor, or other containment for human excretion
and
wastes;
SEWAGE" means any liquid waste containing animal, vegetable, chemical or mineral
matter in solution
or suspension, but does not include Stormwater
or uncontaminated
water;
SEWAGE
WORKS" means any works for the collection, transmission, treatment, and
disposal of wastewater, storm water, or uncontaminated water, including a combined
sewer, sanitary sewer, storm sewer, municipal or private sewer connection to any
sanitary sewer or combined sewer, or any part of such works, but does not include
plumbing
or other works
to which
the
applicable
Building Code
applies.
SPILL" means
a direct or indirect discharge
or deposit to the Sewage Works or the
natural environment which is abnormal in quantity or quality in light of all the
circumstances
of the discharge;
SPRINGFIELD
SEWER WORKS" means the Sewage Works located within the Village
of Springfield
and also includes all Sewage Works located outside of the Village of
Springfield connected or otherwise related to the Sewage Works located within the
Village of Springfield.
STORM WATER" means
surface
and
rain water, other
natural
precipitation,
melted
snow and ice, drainage including swimming pool drain water, uncontaminated water,
and groundwater.
TOWNSHIP" means the Corporation
of the Township
of Malahide, including
its
successors
and assigns
or the geographic
area as the context
requires;
TOXIC
SUBSTANCE" means any material defined or described
as toxic under the
Canadian Environmental Protection Act 1999, S. C. 1999, c. 33, as amended, and within
the Environmental Protection Act, R. S. O. 1990, c. E. 19, as amended and any
regulations
made
thereunder;
VILLAGE OF SPRINGFIELD" means the geographic area as shown on the drawing
attached
hereto as Schedule " C
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;
WASTEWATER"
means the composite of water and water - carried wastes from
residential, commercial,
industrial, or institutional
premises
or any other source;
WASTEWATER TREATMENT FACILITY"
means any structure or thing used for the
physical, chemical, biological, or radiological
treatment
of wastewater, and includes
sludge treatment and wastewater sludge storage and disposal facilities.
Part 3: Application
1) This By -law shall apply to all sewers, including combined, sanitary and storm sewers,
Sewage Works, and any connections thereto which enter into such sewers or
Sewage Works, which are publicly or privately owned or operated and are located
within
the boundaries
of the Village
of Springfield.
2) This By -law does not apply' to the discharge of any matter or sewage in an
emergency, as determined
by 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. 17, as amended.
3) In the event of any conflict or inconsistency between a provision in this By -law and a
provision in any other Township by -law this By -law shall prevail.
Part 4: Sanitary Sewer Requirements
1) No person shall directly or indirectly discharge
or deposit, or cause or permit the
discharge or deposit of Wastewater, Sewage or matter of any type into the Sewage
Works, except:
a) Domestic Wastewater.
2) No person shall release, cause or permit the release of, any Prohibited Waste listed
in Schedule "A" of this By -law into the Sewage Works.
3) No person shall release, cause or permit the release of, any Restricted Waste which
exceeds the respective concentrations
listed in Schedule " B" of this By -law into the
Sewage Works.
4) No person shall uncover, make any connections with or opening into, use, alter or
disturb or cause or permit the uncovering, making connections, opening into, using,
altering, disturbing of any Sanitary Sewer or appurtenance thereof, without first
obtaining permission from the Township as set out in Part 13 of this By -law.
5) No person shall break, damage, destroy, deface or tamper or cause or permit the
breaking, damaging, destroying, defacing or tampering of any Sanitary Sewer or
appurtenance
thereof.
6) No person shall disconnect, except for the purpose of repair, any Sanitary Sewer
without first obtaining permission, in writing, from the Township.
7) The Township may issue upon written request, a temporary waste discharge permit
to allow for the temporary
discharge
of non - domestic
wastewater
into the Sewage
Works
upon
such
terms
and
conditions
as Council
considers
appropriate.
Council
may request any additional
information by the
applicant
as deemed necessary.
The
Township reserves the right at its own discretion to approve or deny the application
for a temporary discharge
permit.
8) Any
person
discharging
matter, Sewage,
Wastewater,
uncontaminated
water
or
stormwater to the Springfield Sewage Works shall be responsible for ensuring that
such matter, Sewage, Wastewater, uncontaminated water or stormwater conforms at
all times to the provisions of this by -law and shall be liable for any damage or
expense arising out of any failure to properly check and control such discharge,
including
the
cost
of investigation,
repairing,
cleaning
or replacing
any
part
of any
Sewage Works damaged thereby.
Part 5: Prohibitions
of Dilution
1) No person shall discharge or deposit directly or indirectly, or cause or permit the
discharge or deposit of Sewage or Wastewater into the Sewage Works where
water or any other matter has been added to the discharge for the purpose of
dilution to achieve compliance with this By -law.
Part 6:
Food Related
Grease Interceptors
1)
Every owner or operator of any premises in which there is industrial, commercial
or
institutional
food
preparation, including any restaurant or other industrial,
commercial,
or
institutional
premises
where
food
is
cooked,
processed,
or
prepared, for which the premises is connected directly or indirectly to a Sanitary
Sewer, shall take all necessary measures to ensure that oil and grease are
prevented from entering into the sewage works in excess of the provisions of this
By -law. Grease
interceptors
shall not discharge
to storm sewers.
2) The owner or operator of the premises as set out in this Subsection shall install,
operate, and properly maintain an oil and grease interceptor in any piping system
at its premises that
connects
directly
or indirectly
to
a
sewer.
The oil and grease
interceptors
shall
be installed
in compliance
with the most current
requirements
of the
Ontario
Building
Code.
The
installation
of the
oil and
grease
interceptor
shall
meet
the
requirements
of the
Canadian
Standards
Association
national
standard
CAN /CSA B- 481. 2, as amended.
3) All oil and grease interceptors shall be maintained by the owner at the owner's
expense
in
accordance
with
the
manufacturer'
s
recommendations
and
in
continuously
efficient
operation
at
all
times.
The testing, maintenance,
and
performance
of the
interceptor
shall
meet
the
requirements
of CAN / CSA
B -481.
The minimum
maintenance
requirements
shall include the
traps being cleaned
before the thickness of the organic material and solids residuals is greater than
twenty -five percent of the available volume and the frequency of cleaning being
not be less than
once
in every four
weeks.
Maintenance requirements shall be
posted in the workplace in close proximity to the grease interceptor.
4) A maintenance schedule and record of maintenance for the preceding eighteen
18) month
period
shall
be
available
to the
Designated
Sewer Officer
upon
request
for each
interceptor
installed.
The
Designated
Sewer
Officer
shall
have
the right to enter upon the premises at any time to inspect its operation and
maintenance.
5) The owner or operator of the premises as set out in this Part shall, for two years,
keep the document of proof for interceptor clean -out and oil and grease disposal.
6) Emulsifiers
shall
not
be
discharged
to
the
sewer
system
into
interceptors.
No
person
shall
use
any
matter
including
but
not
limited
to
enzymes, bacteria,
solvents, hot water, or other agents to facilitate the passage of oil and grease
through
a grease interceptor.
7) In the
case
of failure
to adequately
maintain
the grease
interceptor
to the
satisfaction of the Designated Sewer Officer, the Designated Sewer Officer may
require
an
alarmed
monitoring
device
to
be
installed,
at the
expense
of the
owner, in accordance
with specifications
of CAN / CSA
B -481.
Part 7: Vehicle and Equipment Service Oil and Grease Interceptors
1) Every owner or operator of a vehicle or equipment service station, repair shop, or
garage, or of an industrial, commercial, or institutional
premises, or any other
premises in or at which
vehicles or equipment are repaired, lubricated, serviced,
washed or maintained and where the sanitary discharge is directly or indirectly
connected to a sewer, shall prevent oil and grease from entering the Sewage
Works except as specifically permitted in this By -law and shall install an oil and
grease interceptor designed to prevent motor oil and lubricating
grease from
passing into the Sewage Works in excess of the limits in this By -law.
2) The owner or operator of the premises as set out in this Part shall install, operate,
and properly maintain an oil and grease interceptor on all fixtures and in any
piping system that connects directly
or indirectly to the Sewage Works. The oil
and grease interceptors shall be installed in compliance with the most current
requirements of the Ontario Building Code and be maintained as recommended
by the Canadian Petroleum Products Institute ( CPPI).
3) All oil and grease interceptors
and separators
shall be maintained
by the owner at
the owner' s expense
in good working order and in accordance
with the
manufacturer' s recommendations
and and in continuously efficient operation at all
times. All oil and grease interceptors and separators shall also be inspected
regularly by the designated Sewer Officer or his designate to ensure performance
is maintained to the manufacturer' s specifications for performance and to ensure
the surface oil and sediment levels do not exceed the permitted level.
4) A maintenance
schedule
and
record
of maintenance
shall
be submitted
to the
Designated Sewer Officer annually for each oil and grease interceptor installed.
5) The owner or operator of the premises as set out in this Part shall, for two years,
keep the document of proof for interceptor clean -out and oil and grease disposal.
6) Emulsifiers shall
not be discharged
to the
sewer
system into interceptors. Nc
person shall use any matter including but not limited to enzymes, bacteria,
solvents, hot water, or other agents to facilitate the passage of oil and grease
through
an oil and grease
interceptor.
7) In the case of failure to adequately maintain the oil and grease interceptor to the
satisfaction of the Designated Sewer Officer, the Designated Sewer Officer may
require
an
alarmed
monitoring device to be installed
at the expense
of the
owner.
Part 8: Water Originating
from
a Source
Other Than Township'
s Water Supply
or Private
Well Sum) l
1) No person shall discharge or deposit directly or indirectly, or cause or permit the
discharge
or deposit
of water
into the Springfield
Sewage
Works
which
originates
from a source other than from the Township' s water supply or the private water
supply
for
each
property
to which
it
is
serviced. For the
purposes
of this
Part,
water includes but is not limited to storm water or groundwater by mechanical
pumping such as a sump pump, or gravity such as water from downspouts or any
other similar water distribution
or drainage
system.
Part 9: Spills
1)
In the event of a spill to the Sewage Works, the person
responsible
or the person
having the charge, management, and control of the spill shall immediately notify
and provide any requested
information
with regard to the spill
to:
a) 911, if there is any immediate
danger to human health and /or safety;
b) If there is no immediate danger, contact the Township' s Water Department
at ( 519) 773 -5344, and the owner of the premises where the spill occurred,
and any other person whom the person reporting knows or ought to know
may be directly affected
by the spill.
2) The person responsible or the person having the charge, management, and
control
of the spill or his or her designate
shall provide
a detailed
written
report to
the Township, within 5 days after the spill, containing the following information to
the best of their knowledge:
a) Location
where spill occurred;
b) Name and telephone
number of the person
who reported
the spill and the
location and time where they can be contacted;
c) Date and time of the spill;
d) Material spilled;
e) Characteristics and composition of material spilled, including any Material
Safety Data Sheets (MSDS);
f) Volume of material spilled;
g) Duration
of spill event;
h) Work completed and /or any work still in progress in the mitigation of the
spill;
i)
Preventive actions being taken to ensure a similar spill does not occur
again, and
0) Copies
of applicable
spill prevention
and spill response
plans.
3) The person responsible
for the spill and the person having the charge,
management, and control of the spill shall do everything reasonably possible to
contain the spill, protect the health and safety of citizens, minimize damage to
property, protect the environment, clean up the spill and contaminated
residue,
and restore
the affected
area to its condition
prior to the spill.
4) Nothing in this By -law relieves any persons from complying with any notification
or reporting provisions of other government agencies, including Federal and
Provincial agencies, or any other By -law of the Township.
5) Where the person responsible for the spill or the person having charge,
management and control of the spill fails or neglects to carry out or diligently
pursue the activities required of it in this Part of the By -law, the Township may
take such measures as they deem appropriate to contain the spill, protect the
health and safety of citizens, minimize damage to property, protect the
environment, clean up the spill and associated residue and restore the affected
area to its condition prior to the spill and recover any associated costs from the
person responsible for the spill and /or the person having charge, management
and
control
of the spill.
6) The Township may invoice the person responsible for the spill to recover any
costs related to the spill including
but not limited to costs of time, materials, and
services
arising
as
a
result
of the
spill.
The person
responsible
for the spill shall
pay the costs invoiced.
7) The Township may require the person responsible for the spill to prepare and
submit a Spill Contingency
Plan to the Township to indicate how risk of future
incidents
will be reduced
and how future
incidents
will be addressed.
Part 10: Separate
Businesses
with Single Service
1) A discharge of matter or sewage to a single private sewer connection from a
premises with two or more separate businesses will be considered as being
released
from
each of the separate
businesses,
unless
it is shown
to the
satisfaction
of the Township, by the owner or operator of the premises that the
portion of the material or sewage that is in violation of this by -law is being
released
from only one
of the businesses'.
Part 11: Manholes
1) The Township may require the owner or operator of industrial premises or multi-
story residential buildings with one of more connections to a sewage works to
install and maintain
in good repair in each connection
a suitable manhole to allow
observation and sampling, and flow measurement of the sewage,
uncontaminated water or stormwater therein, provided that where installation of a
manhole is not possible, an alternative device or facility may be substituted with
the prior written approval of the Township. Every person required to install or
maintain a manhole as required by the Township shall install or maintain each
manhole or alternative device as required by this section of this By -law.
2) Each manhole or alternative device installed as required by this section shall be
located on the property of the owner or operator of the premises, as close to the
property line as possible, unless the Township has given prior written approval for
a different
location.
3) Each manhole, device or facility installed as required by this section shall be
designed and constructed
in accordance with good engineering practice and the
requirements of the municipal standard, as established by the Township time to
time, and shall be constructed and maintained by the owner or operator of the
premises
at their expense.
4) The owner or operator of the industrial premises or multi -story buildings shall at
all -time ensure that every manhole, alternative devise or facility installed as
required
by this section
is accessible
at all times for the purposes
of maintaining,
observing, sampling and flow measurement of the sewage, uncontaminated water
or stormwater
therein.
5) If the owner or operator of the industrial premises or multi -story building fails to
install a manhole or alternate device, the Township
by notice in writing, may
require the owner or operator of the premises to pay to the Township that amount
of money which the Township deems necessary to cover the cost of constructing
and installing a manhole or alternate device an upon receipt of such notice, the
owner or operator of the premises shall forthwith pay such amount to the
Township.
Part 12: Authority of Designated Sewer Officer to Investigate
1) The Designated
Sewer Officer may enter upon land and into buildings at any
reasonable
time without notice or a warrant for the purpose of carrying out any
inspection reasonably required to ensure compliance with this By -law, including
but not limited to, the following:
a) Inspecting, observing, sampling, and measuring the flow in any .private:
i.
Drainage system;
ii.
Sump pump connection;
iii.
Oil and grease
interceptor or any
other
grease
trap;
iv.
Wastewater
disposal
system;
v. Storm water management facility; and
vi. Flow monitoring point;
b) Determine water consumption by reading water meters;
c) Test flow measuring devices;
d) Take samples
of wastewater, storm water, clear -water waste, and
subsurface water being released from the premises or flowing within a
private drainage
system;
e) Perform on -site testing of the wastewater, storm water, clear -water waste,
and subsurface water within or being released from private drainage
systems, pre- treatment
facilities, and storm water management
facilities;
f) Make reasonable
inquiries and /or require information
from any person,
orally or in writing, concerning the matter under inspection;
g) Inspect and copy documents;
h) Inspect
chemical
storage
areas
and spill containment
facilities
and request
Material Safety Data Sheets (MSDS) sheets for materials stored or used
on -site; and
i)
Inspect the premises where a release of prohibited
or restricted wastes, or
of water containing prohibited or restricted wastes, has been made or is
suspected
of having been made, and to sample any or all matter that in
their opinion
could have been part of the discharge.
2) No person shall prevent, hinder, obstruct, or interfere
in any way with the
Designated Sewer Officer, and
persons
deemed, by
the
Township,
to
be
essential
to
an
inspection
or sampling, bearing proper credentials and
identification from carrying out any of their powers or duties; including but not
limited to, the following:
a) entering
in
or
upon,
at
any
reasonable
time
without
a
warrant, any
land
or premises, except land or premises being used as a dwelling
house;
b) making such tests or taking such samples
as the Designated
Sewer Officer
or an inspector deems necessary;
c) inspecting
or
observing
any
plant,
machinery, equipment,
work,
activity, or documents;
d) making inquiries and taking photographs,
for the purposes
of administering or enforcing
this By -law.
3) Notwithstanding
section ( 2), a Designated Sewer Officer may obtain an order or a
warrant to obtain any information deemed necessary to assess compliance with
this By -law.
4) Any person who hinders, obstructs or interferes with a Designated Sewer Officer
with carrying out inspections
or tests under and enforcing the provisions
of this
By -law, is guilty of an offence.
5) Any person who knowingly provides false information in any report or return
required under this by -law or who willfully withholds information required under
this by -law, is guilty of an offence.
Part 13: Disconnection
From Sewer
1) Where Sewage
or Wastewater
which:
a) Is hazardous or creates an immediate danger to any person;
b) Endangers
or interferes
with the operation
of the Sewage Works; or
c) Causes or is capable of causing
an adverse effect;
is discharged
or deposited
to the Sewage Works, the Designated
Sewer Officer
may at the owner' s expense and in addition to any other remedy available,
disconnect, plug, or seal off the sewer line discharging or depositing the
unacceptable
Sewage
or Wastewater
into the Sewage Works or take such other
action as is necessary to prevent such Sewage or Wastewater from entering into
the Sewage Works.
2) The Sewage or Wastewater may be prevented from being discharged into the
Sewage Works until the Designated Sewer Officer is satisfied in his or her sole
discretion
that the discharge
or deposit of Sewage
and Wastewater
to be made
into the Sewage Works complies with this By -law.
3) The Designated Sewer Officer may, by notice in writing, advise the owner or
occupier of the premises from which the Sewage or Wastewater is being
discharged
or deposited, of the costs associated
with such action deemed
by the
Designated Sewer Officer as necessary to prevent such Sewage or Wastewater
from entering into the Sewage Works, and the owner or occupier, as applicable,
shall forthwith reimburse the Township for all such costs.
4) Any owner or occupier of a property who has made an illegal connection to the
Sewage Works for any purpose
is guilty of an offence
and shall disconnect
immediately
and
no later than thirty ( 30) days after written
notification
has been
provided
to
the
owner
or
occupier
as
applicable. Failure to comply with this
section
may
result in
a temporary disconnection
of the
sewer
connection
with
the
Township' s Sewage
Works.
The owner shall be responsible for all costs related
to the disconnection
and reconnection, including
all reconnection
charges.
Part 14: Sanitary Sewer Connections
1)
No person shall:
a) erect, or cause
or permit
to
be
erected, any building on lands that are
serviced
by a Sanitary Sewer Connection
unless the new building
is
connected to the Springfield Sewage Works;
b) construct, install,
maintain,
use,
or cause
or permit
to
be
constructed,
installed, maintained,
or used, whether
or not installed
prior to the date of
the passing of this By -law or any of its predecessors, a direct or indirect
connection to the Sanitary Sewer Connection which would permit anything
other than sewage to discharge or deposit into the Sewage Works; and
c) construct, install,
maintain,
use,
or
cause
or
permit
to
be
constructed,
installed,
maintained,
or
used,
a
direct
or
indirect
Connection
to
the
Sanitary Sewer Connection without final inspection and written approval by
the Township and all such Connections require a clean -out at the property
line and every fifty ( 50) feet thereafter.
2) No
sanitary
sewer
Connection
shall
be
constructed
on
any
road
allowance,
easement, or other public land, unless written approval
has been granted by the
Township.
The
owner
of
the
premise(
s)
served
by
the
Sanitary
Sewer
Connection
shall
be responsible
for the
entire
cost of such
sewer
connection.
If a
sewer stub has not been installed to the property line, the owner is required to
pay for the entire costs to install a new sewer stub from the sewer main to the
property line.
3) Reconstructed Buildings:
a) Whenever
an existing building
is substantially
damaged
or demolished, the
existing municipal Sanitary Sewer Connections shall be disconnected by
the Township at the owner' s expense at the property line and a temporary
cap shall be placed to prevent ground water from entering into the Sewage
Works.
b) For
the
purposes
of
this
section,
an
existing
building
is
substantially
damaged
or demolished
when
more than fifty percent of the exterior walls
of the first storey
above grade
are removed
whether or not they are
subsequently replaced. The Township has the sole and absolute discretion
to
determine
when
an
existing
building
is
substantially
damaged
or
demolished.
4) An owner of a premise
who
is applying
for a permit, to construct
a replacement
building, or to disconnect
a dwelling from
a septic tank, to connect to a Sanitary
Sewer Connection
shall
be
entitled
to
use
an
existing
municipal
sanitary
sewer
Connection
which,
upon
inspection
by the Township,
is found
by the
Township to be
in satisfactory
condition.
The
owner shall
pay
for
the
cost
of
any
inspection, installation
fees, and
any other associated
costs, as required
in
the amount determined from time to time by the Township.
5) Any person wanting to make
a Sanitary Sewer Connection shall
make an
application
to
the
Township
on
forms
supplied
by
the
Township' s
Water
Department
and
pay
the
applicable
fee
for the
application.
The
owner
of the
property to be serviced shall complete and sign the application, and the owner
shall
be responsible for the
completeness
and accuracy of the information
furnished
on such application
and plans.
6) Sewer Connections
on Public and Private Property:
a) A sanitary sewer Connection on private property between the property line
and the building shall be installed by the owner of the property, subject to
the owner obtaining
a building
permit including
completed
submission
to
the Township
of Form
1 ( A), and payment of the applicable connection fee,
the
amount
of which
shall
be
determined
from
time
to time
by the
Township. The owner must adhere to all conditions set out in the permit,
including
the
sanitary
sewer
specifications
in
Form
1 (
A).
All
costs
associated with the sewer connection shall be at the expense of the owner.
b) A Sanitary Sewer Connection on public property between the sewer main
and private property shall be installed by the Township at the expense of
the
owner.
The owner is required to complete and submit to the Township
Form
1 (
B) and submit to the Township
a construction
deposit
in the
amount determined
by the Township.
c) If the Sanitary Sewer Connection is for a new lot, the owner is required to
pay for an impost fee, the amount of which shall be determined by the
Township.
7) Only one Sanitary Sewer Connection is allowed for each property. No multiple
connections
shall be permitted.
8) Where
a Sanitary
Sewer Connection
is installed
or operated
in contravention
of
this By -law, the Township
may order the temporary
disconnection
of any sewer
connection whenever, and for so long as, the Township deems
it necessary to
prevent continued
or repeated violations of this By -law.
9) Where an owner of a building
has requested
an inspection
by the Township
by
means of an excavation
or closed
circuit television
inspection
of any existing
municipal sanitary sewer Connection, the owner shall deposit with the Township
in
the
amount
determined
by
the
Township.
If
upon
inspection
a
structural
problem is found in the Township' s portion of the sanitary sewer Connection, the
deposit will be refunded.
Part 15: Offences
1) Every person other than a corporation who contravenes any provision of this By-
law is guilty of an offence and on conviction is liable, for every day or part thereof
upon which such offence occurs or continues, to a fine of not more than Ten
Thousand
Dollars ($ 10, 000.00) for a first offence and not more than Twenty -five
Thousand
Dollars ($ 25, 000. 00) for any subsequent
offence.
2) Every corporation that contravenes any provision of this By -law is guilty of an
offence and on conviction is liable for every day or part thereof upon which such
offence occurs or continues, to a fine of not more than Fifty Thousand
Dollars
50, 000. 00) for a first offence and not more than One Hundred Thousand Dollars
100, 000.00) for any subsequent offence.
3) In this By -law subsequent offence means any offence that occurs after the date of
conviction for any earlier offence under this By -law or any of its predecessors.
4) In the event that any person constructs
a Sanitary Sewer Connection
in a manner
other than provided
for herein, whether as to design, approval, supervision, or
inspection , the Designated Sewer Officer may order the re- excavation of a
sanitary sewer Connection for the purposes of inspection and testing, and, if
necessary, reconstruction of the work at the owner' s expense and the Designated
Sewer Officer may have the work performed
at the expense of the owner or
disconnect
the said sewer connection,
in which
case
it shall
not be reconstructed
except with the prior written approval of the Designated Sewer Officer. Any
expenses
incurred
by the Township
is the responsibility
of the owner and may be
added to the tax roll and collected in the same manner as property taxes.
5) The continuation of a condition violating the provisions of this By -law shall be
considered contravention of this By -law, notwithstanding
that it existed prior to the
passage hereon.
6) When a person has been convicted of an offence under this by -law, the Ontario
Superior Court of Justice or any court of competent jurisdiction, may, in addition
to any penalty imposed on the person convicted, issue an Order prohibiting the
continuation or repetition of the offence or the doing of any act or thing by the
person convicted or make any other such order as permitted by law.
Part 16: Provision of No
1) Where written notice under this By -law is required to be given by a consumer,
notice shall be sufficiently given when it is:
a) delivered personally to the Designated Sewer Officer of the Township with
a copy
to
the Chief Administrative Officer;
b) if sent by prepaid registered mail and addressed to the Designated Sewer
Officer of the Township with a copy to the Chief Administrative Officer,
when the Designated
Sewer Officer receives the written
notice.
2) Where written notice under this By -law is required to be given by the Township to
the consumer, notice shall be sufficiently given if it is:
a) delivered
personally to the latest address for the consumer whose name
appears in the Township's records and given to a person acting for, or on
behalf of, the consumer,;
b) if sent by prepaid registered mail addressed to the consumer, whose name
appears
in the records of the Township to the latest address for the
consumer in the Township' s records or to such other address as the
consumer may provide in writing to the Township.
Part 17: Access to Information
1) All information submitted to and collected by the Township that is contained in
plan summaries, reports, surveys, monitoring and inspection, and sampling
activities will, except as otherwise provided in this section, be available for
disclosure to the public in accordance with the Municipal Freedom of Information
and Protection of Privacy Act, R. S. 0. 1990, c. M. 56, as amended.
2) In the event that any person
is submitting
information
to the Township, as
required
under this By -law, where such information
is confidential
or proprietary
or
otherwise, may be exempt from disclosure
under the Municipal Freedom of
Information and Protection of Privacy Act, R. S. 0. 1990, c. M.56, as amended, the
person submitting the information shall so identify that information upon its
submission to the Township or the Township where such information is
confidential or proprietary or otherwise, may be exempt from disclosure.
Part 18: Severability
1)
If any section, clause or provision of this By -law, including anything contained
in
the schedules attached hereto is declared invalid for any reason by a court of
competent jurisdiction, the same shall not affect the validity of this By -law as a
whole or any part thereof other than the section, clause or provision so declared
to be invalid and it is hereby declared to be the intention that such a provision
shall be severed from the By -law and that all the remaining sections, clauses or
provisions of the By -law shall
remain
in full force
and
effect
until
repealed.
Part 19: Interpretation
1) Headings are for reference purposes and shall not affect in any way the meaning
or interpretation of the provisions of this by -law.
2) In this By -law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
Part 20: Repeal of By -law
1) Any other by -laws or provisions in other by -laws found to be inconsistent with this
new By -law are hereby deemed to be repealed.
Part 21:
Enactment
1) This By -law shall come into full force and take effect on the final passing thereof.
READ
a FIRST and SECOND time this
19th
day of September, 2013.
READ
a THIRD
time
and FINALLY
PASSED
this
19th
day of September, 2013.
C
Clerk, "MCa s aWvecchia-
omer
Part 22: Schedule " A"
Prohibited
Waste
No person shall directly or indirectly discharge or deposit or cause or permit the
discharge or deposit of matter of any type including but not limited to Sewage and
Wastewater into a Sanitary Sewer, municipal or private sewer Connection to any
Sewage Works where:
1) To do so may cause or result in:
a) Damage to the Sewage Works including
but not limited to the pumping
station, Aylmer Lagoons, Ontario Police College Pumping Station, or
private property;
b) The release of an offensive odour from Sewage Works; and without limiting
the generality
of
the foregoing, sewage containing hydrogen sulphide,
carbon disulphide, other reduced sulphur compounds, amines or ammonia
in such quantity as may cause an offensive odour;
c) An obstruction or restriction which blocks or otherwise impacts the flow in
the Sewage Works;
d) Interference
with the operation
or maintenance
of a sewage works, or
which may impair or interfere with any sewage treatment process;
e) a hazard to any person, animal, property, or vegetation;
f) An offence
under the Ontario
Water Resources
Act or the Environmental
Protection Act, as amended, or any regulation made thereunder from time
to time;
g) A health and /or safety hazard to any authorized person who inspects,
operates, maintains, repairs, or otherwise works on a Sewage Works;
h) The presence of toxic gases, vapours, or fumes within the Sewage Works
that in a quantity sufficient to present danger to human health or the
environment.
2) The matter has any one or more of the following characteristics:
a) Two or more separate
liquid layers;
b) A pH less than 6. 0 or greater than
10. 5; or
c) A temperature
greater than sixty ( 60) degrees Celsius.
3) The matter contains:
a) Hazardous
Substances;
b) Combustible Liquid;
c) Biomedical Waste, including any of the following categories: human
anatomical waste, animal waste, untreated microbiological
waste, waste
sharps, and untreated human blood and body fluids known to contain
viruses and agents listed in " Risk Group 4" as defined in " laboratory
biosafe guidelines" published by Health Canada, dated 2004, as amended;
d) Specified risk material for bovine spongiform encephalopathy as defined in
the federal fertilizers
regulations (
C. R. C., c.666), as amended from time to
time, including material from the skull, brain, trigeminal ganglia, eyes,
tonsils, spinal cord, and dorsal root ganglia of cattle aged 30 months or
older, or material
from the distal
ileum
of cattle of all ages;
e) Dyes or coloring materials which may or could pass through
a wastewater
works and discolor the Sewage Works effluent;
f) Fuel;
g) Ignitable Waste;
h) Pathological
Waste;
i)
PCB' s;
0)
Pesticides which are not otherwise regulated
in this By -law;
k) Reactive Waste;
1)
Toxic Substances
which are not otherwise
regulated
in this By -law;
m) Waste Radioactive Prescribed Substances in quantities or of such size to
be capable of causing obstruction to the flow in the Sewage Works,
including but not limited to ashes, bones, cinders, sand, mud, soil, straw,
shaving, metal, glass, rags, feathers, tar, plastics, wood, unground
garbage, animal parts or tissues, and paunch manure.
4) The matter contains a concentration, expressed
in mg / I in excess of any one or
more
of the limits in Schedule " B" of this By -law.
Part 23: Schedule "
B"
Restricted
Waste
Table A:
CONVENTIONAL CONTAMINANTS and PHYSICAL PARAMETERS
SUBSTANCE
CONCENTRATION
LIMIT
expressed as Mg /L unless otherwise indicated)
Biochemical
Oxygen
Demand
300
Chemical
Oxygen
Demand
600
Oil and
Grease -
animal
and
vegetable
150
Oil and
Grease -
mineral
and
synthetic /hydrocarbon
15
Total Suspended
Solids
300
pH
6. 0-
10. 5 ( unit less)
Temperature
60 degrees
Celsius
Table
B:
ORGANIC CONTAMINANTS
SUBSTANCE
CONCENTRATION
LIMIT
expressed
as Mg /L unless otherwise indicated)
Benzene
0. 01
Chloroform
0. 04
Dichlorobenzene ( 1, 2 -)
0. 05
Dichlorobenzene (
1, 4)
0. 08
Ethylbenzene
0. 07
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
Table C:
Inorganic
Contaminants
SUBSTANCE
CONCENTRATION
LIMIT
expressed as Mg /L unless otherwise indicated)
Aluminum
1. 0
Arsenic
0. 2
Barium
0. 1
Beryllium
1. 0
Cadmium
0. 008
Chlorides
1, 500
Cobalt
5. 0
Chromium
0. 2
Copper
0. 04
Cyanide
0. 1
Fluoride
2. 0
Iron
1. 0
Lead
0. 12
Manganese
1. 0
Mercury
0. 0001
Molybdenum,
total
5. 0
Nickel
0. 08
Nitrogen, Total Kjeldahl
50
Phosphorus
0. 4
Selenium
0. 2
Silver
0. 12
Sulphide ( as
1- 12S)
1. 0
Tin
1. 0
Zinc
0. 05
Part 24:
Schedule "
C" Village of Springfield
TOWNSHIP OF MALAHIDE
SPRINGFIELD