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## By-law 2023-150
A By-law to regulate the installation and connection of private sewers to sewage works, and the discharge of sewage, storm water and land drainage within the serviced area of The Corporation of the City of Markham ("Sewer Use By-law")
## 10/24/2023
WHEREAS The Corporation of the City of Markham (hereinafter referred to as the "City") is a local municipality within the Regional Municipality of York in the Province of Ontario and.
WHEREAS section 11 (3) of the Municipal Act, 2001, S.O. 2001 c. 25, (the "Municipal Act") authorizes a municipality to pass by-laws respecting matters concerning public utilities and,
WHEREAS the City has the responsibility for the City's sewer infrastructure to
- a) maintain and protect the integrity of the City's sewer infrastructure;
- b) control the quality and quantity of sewage or storm water or land drainage entering sewage works; and
- c) prevent adverse effects to persons, property and the natural environment from discharges to the City's infrastructure and,
WHEREAS section 391(1) of the Municipal Act, provides that a municipality may pass by-laws imposing fees or charges on persons for services or activities provided or done by or on behalf of it and,
WHEREAS section 398(1) of the Municipal Act, provides that fees and charges imposed by a municipality on a person constitute a debt of the person to the municipality and,
WHEREAS section 398(2) of the Municipal Act, provides that a municipality may add fees and charges to the tax roll of the property to which the public utility is supplied and collect them in the same manner as municipal taxes and,
WHEREAS section 425 of the Municipal Act, provides that a municipality may pass by-laws providing that a person who contravenes any by-law of the municipality is guilty of an offence and,
WHEREAS Section 429(1) of the Municipal Act, provides that a municipality may establish a system of fines for a by-law passed under the Municipal Act and,
WHEREAS section 434.1 of the Municipal Act, provides that a municipality may require a person to pay an administrative penalty if the municipality is satisfied that a person has failed to comply with a by-law of the municipality passed under the Municipal Act and,
WHEREAS section 434.2(1) of the Municipal Act, provides that an administrative penalty imposed by a municipality on a person constitutes a debt of the person to the municipality and,
WHEREAS section 435 of the Municipal Act, provides for conditions governing the powers of entry of a municipality and,
WHEREAS section 436 of the Municipal Act, provides that a municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with a by-law and,
WHEREAS section 441.1 of the Municipal Act, provides that upon the request of a municipality that has entered into a transfer agreement under Part X of the Provincial Offences Act, the treasurer of a local municipality may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act to the tax roll for any Property in the local municipality for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes and,
WHEREAS section 444 of the Municipal Act, provides that a municipality may make an order to require a person to discontinue contravening a by-law and to do the work required to correct the contravention and,
WHEREAS section 445 of the Municipal Act, provides that a municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention and,
WHERAS Section 446 of the Municipal Act, provides that a municipality may proceed to do things at a person's expense which that person is otherwise required to do under a by-law but has failed to do and the costs incurred by a municipality may be recovered by adding the costs to the tax roll and collecting them in the same manner as taxes
NOW THEREFORE the Council of the Corporation of the City of Markham enacts as follows:
## 1. Definitions and Interpretation
- 1.1 In this By-law and attached Schedules, unless the context otherwise requires, words imparting the singular number shall include the plural, and words imparting the masculine gender shall include the feminine and further, the converse of the foregoing also applies where the context requires.
- 1.2 For the purposes of this By-law:
1. "Accredited Laboratory" means any laboratory accredited by an authorized accreditation body in accordance with a standard based on CAN-P-1585 "Requirements for the Accreditation of Environmental Testing Laboratories" established by the Standards Council of Canada, as amended, or "ISO/IEC/EN 17025: General Requirements for Competence of Calibration and Testing Laboratories" established by the International Organization for Standardization, as amended;
2. "Administrative Penalty" means an administrative penalty established by the City By-law No. 2016-84, as amended;
3. "AMPS By-law for Non-Parking Offences" means the City By-law No. 2016-84, a by-law to implement an Administrative Monetary Penalty System for Non-Parking Offences, as amended;
4. "Biochemical Oxygen Demand" or "BOD" means the molecular oxygen utilized in a sample, including Sewage, Storm Water, Uncontaminated Water, and any other Substance to which this By-law applies during a 5day incubation period for the biochemical degradation of organic material (carbonaceous demand), including the oxygen used to oxidize inorganic material such as sulphides, ferrous iron, and where an inhibiting chemical has been added to prevent ammonia oxidation;
5. "Biosolids" means organic solid material recovered from the Sewage treatment process;
6. "Blowdown Water" means recirculation water that is discharged from a cooling or heating water system for the purpose of controlling the level of water in the system or for the purpose of discharging from the system materials contained in the system, the further build-up of which would or might impair the operation of the system;
7. "Building Code Acf" means the Ontario Building Code Act, 1992, S.O. 1992, c. 23, as amended, or any successor thereof;
8. "CAN/CSA-B481" means the document entitled CAN/CSA- B481 "Grease Interceptors" published in November 2021 by the Canadian Standards Association, as amended or any successor thereof;
9. "City" means The Corporation of the City of Markham, including its designated representatives and Officers;
10. "Combustible Liquid" means any liquid having a flash point not less than 37.8 degrees Celsius and not greater than 93.3 degrees Celsius;
11. "Commercial" means lands, buildings or structures used or designed or intended for use for activities involving the production, processing, manufacturing, or sale of goods or services;
12. "Composite Sample" means two or more Grab Samples of a Discharge to the Sewage Works taken at intervals during the sampling that have been combined automatically or manually;
13. "Compliance Program" means the necessary steps undertaken by a Discharger to bring Sewage discharged into the Sewage Works into compliance with the terms and conditions of this By-law or related permit. Compliance Programs are applicable to existing Dischargers only; new Discharges must fully comply with the requirements of this By-law;
14. "Connection" means that part or those parts of any pipe or system of pipes leading directly or indirectly to a Sewage Works;
15. "Contact Cooling Water" means water that is used in an Industrial process, for the purpose of removing heat, that comes into contact with any raw material, intermediate product, waste product or finished product, but does not include Blowdown Water;
16. "Council" means the Council of the Corporation of the City of Markham;
17. "Dental Amalgam" means a dental filling material consisting of an amalgam of mercury, silver and other materials such as copper, tin or zinc;
18. "Dental Amalgam Separator" means any technology, or combination of technologies, designed to separate Dental Amalgam particles from dental operation Sewage;
19. "Dewatering Activity" means,
- (1) taking water from a well or otherwise extracting Groundwater;
- (2) draining water from a permanent or temporary pond or other surface water body, whether natural or man-made;
- (3) releasing water previously stored in a tank, tanker truck, vessel, or other means of water storage;
- (4) the permanent or temporary alteration of a natural or pre-existing drainage pattern above or below ground; or
- (5) any combination of the above-noted activities, where the water from such activity would be discharged to a Sewage Works and such activity is related to a construction, land development, renovation, repair, maintenance or demolition activity at a Property;
20. "Director of Operations" shall mean the person designated as the Director for the Department of Operations of the City or his or her designate;
21. "Director of Engineering" shall mean the person designated as the Director for the Department of Engineering of the City or his or her designate;
22. "Director of Environmental Services" shall mean the person designated as the Director for the Department of Environmental Services of the City or his or her designate;
23. "Discharge" when used as a verb, includes add, deposit, emit, release or leak and, when used as a noun, includes addition, deposit, emission, release or leakage;
24. "Discharger" includes a Person, a Person who is the owner, is in occupation of, or has charge, management or control of a Property that discharges Sewage, Storm Water, Uncontaminated Water or other Substance or thing to which this By-law applies to Sewage Works;
25. "Drain" means a pipe, conduit or other similar equipment used to convey Wastewater;
26. "Easement" means an interest in land owned by another Person, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose, but does not include an interest created by a license or a permit;
27. "Emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to Persons or substantial damage to Property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise;
28. "Environmental Protection Act' means the Ontario Environmental Protection Act, R.S.O. 1990, c. E.19, as amended;
29. "Fee By-law" means the City's Fee By-law (No.2002-276), as amended;
30. "Fisheries Act" means the Fisheries Act, R.S.C. 1985, c. F-14, as amended;
31. "Flammable Liquid" means a liquid having a flash point below 37.8 degrees Celsius and a vapour pressure not more than 275.8 kPa (absolute) at 37.8 degrees Celsius as determined by the American Society for Testing and Materials D323-20a, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)";
32. "Fuel" includes alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable Substance intended for use as a fuel;
33. "Flow Capacity" means the quantity of Wastewater measured in relation to units of time that is discharged into or through a Grease Interceptor;
34. "Flow Control Fitting" means a device that controls Flow Capacity;
35. "Food Sector Establishment" means any premises, except premises used solely as a private residence, where food is cooked, processed, or prepared or otherwise handled in a manner that results in the Discharge of Oil & Grease into the Sanitary Sewer;
36. "Grab Sample" means a sample of a Discharge into a Sewage Works, which is collected over a period not exceeding 15 minutes;
37. "Grease Interceptor" means an Interceptor that separates, and then removes or retains Oil & Grease from Wastewater before the Wastewater is discharged into a sewer or Sewage facility. It uses two primary methods - "gravity" and "hydro-mechanical";
38. "Grit Interceptor" means an Interceptor that separates and then removes or retains sand, grid or similar materials from Wastewater before the Wastewater is discharged into a sewer or Sewage facility;
39. "Groundwater" means subsurface water including water held in soil, in pores, cracks or crevices in rocks or as a free standing body beneath the existing ground surface;
40. "Hauled Sewage" includes Sewage which is removed from a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet, a Sewage holding tank or any Sewage infrastructure and is transported for discharge, but does not include Hauled Waste;
41. "Hauled Waste" means liquid Industrial waste (as this term is defined by Reg. 347) that is transported for discharge and that must be transported with a manifest in accordance with Reg. 347, but does not include Hauled Sewage;
42. "Hazardous Waste" includes a waste that is an acute hazardous waste chemical, hazardous Industrial waste, hazardous waste chemical, corrosive waste, ignitable waste, pathological waste, reactive waste, radioactive waste, PCB waste, Leachate toxic waste or severely toxic waste, or any combination thereof, each as defined by Reg. 347;
43. "Industrial" means lands, buildings or structures used or designed or intended for use activities involving the manufacturing, processing, fabrication, storage, transportation, distribution or wholesaling of goods and services;
44. "Institutional" means lands, buildings or structures used or designed or intended for use by an organized body, society, health care organization or religious group and shall include, without limiting the generality of the foregoing, places of worship, senior's residences and special care facilities;
45. "Interceptor" means a receptacle that is designed and installed to prevent Oil & Grease, sand or other materials from passing into Sewage Works. It includes Grease Interceptor, Oil Interceptor, Grit Interceptor, Sediment Interceptor, etc.
46. "Land Drainage Works" includes a Drain constructed by any means which is owned by the City and is located within the limits of a public road allowance or other public lands or public land interests held for public utility purposes which may or may not connect to a Storm Sewer, or a Drain constructed by any means that connects directly or indirectly to a City's Storm Sewer or any other Sewage Works;
47. "Leachate" means the liquid produced by water or other liquids percolating through waste or by liquid in the waste;
48. "Maintenance Access Hole" means an access point in a sewer Connection to a Sewage Works that allows for the observation, monitoring, sampling, flow measurement and other related activities of the Sewage, Storm Water, Uncontaminated Water or other Substance therein;
49. "Municipal Acf" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or any successor thereof;
50. "Municipal Sewer Connection" means that part of any Drain leading from the Private Sewer and connected to the Sewage Works and located within the limits of the public road allowance, or other public lands or public land interests held for public utility purposes;
51. "Natural Environment" means the air, land and water, or any combination or part thereof;
52. "Non-Contact Cooling Water" means water that is used in an Industrial process, for the purpose of removing heat, that has not come into contact with any raw material, intermediate product, waste product or finished product of the Industrial process other than heat, but does not include Blowdown water;
53. "Officer" means a Person designated by the City for the enforcement of by-laws and includes, but is not limited to, a Municipal Law Enforcement Officer, a Provincial Offences Officer, a police officer, or any other Person authorized to enforce this By-law;
54. "Oil & Grease" includes any material recovered as a Substance soluble in solvent as described in Standard Methods for oil and grease;
55. "Oil & Grease (Mineral & Synthetic)" means an organic Substance OF Substances recoverable by the partition-gravimetric silica gel absorption procedure set out in the Standard Methods and includes, but is not limited to, non-polar petroleum hydrocarbons;
56. "Oil & Grease (Animal & Vegetable)" means insoluble organic fat, oil and grease from animal or vegetable sources;
57. "Oil Interceptor" means an Interceptor that separates, and then removes or retains the liquid oil from Wastewater before the Wastewater is discharged into a sewer or Sewage facility;
58. "Order" includes an Order made under this By-law or the Municipal Act. Order includes Notice, Work Order, Order to Comply, and Order to Discontinue;
59. "Ontario Building Code" means Ontario Regulation 332/12, of the Building Code Act, 1992, S.O. c.23, as amended;
60. "Ontario Water Resources Act' means the Ontario Water Resources Act, R.S.O. 1990, c. 0.40, as amended;
61. "PCBs" means any monochlorinated or polychlorinated biphenyl or any mixture of them or mixture that contains one or more of them and includes PCB waste as defined by R.R.O. 1990, Reg. 362 (Waste Management PCBs) made under the Environmental Protection Act, as amended;
62. "Person" includes an individual, association, organization, partnership, municipality or other corporation and includes an agent or employee of any of them;
63. "Pesticide" means a pesticide as defined by and regulated under the Pesticides Act, R.S.O. 1990, c. P.11, as amended;
64. "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per litre of solution;
65. "Phenolic Compounds" means those hydroxyl derivatives of benzene, or its condensed nuclei, which can be identified by the 4-Aminoantipyrene method in accordance with Standard Methods, or the Gibbs procedures, as set out in the Standard Methods;
66. "Pollution Prevention" means the use of processes, practices, materials or products that avoid, reduce or control pollution, which may include recycling, treatment, process changes, control mechanisms, efficient use of resources and material substitution;
67. "Pollution Prevention Plan" means a detailed plan that identifies operation or activities of a Discharger and identifies specific Pollution Prevention methods to be implemented within a specific timeframe;
68. "Pre-Treatment" means the reduction, elimination or alteration of pollutants in Sewage or Storm Water prior to discharge into a Sewage Works. This reduction or alteration can be achieved by physical, chemical, or biological processes, through Pollution Prevention, or by other means, except by diluting the concentration of the pollutants;
69. "Private Sewer" 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 whose responsibility for maintenance is the Property owner's;
70. "Private Sewage Disposal System" means a Sewage system that is not owned and operated by the Crown, a municipality or an organization acceptable to the Ministry of the Environment, Conservation and Parks' Director who is responsible for issuing a Certificate of Approval under the Ontario Water Resources Act, R.S.O. 1990, c. O.40. It includes any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of Sewage;
71. "Property" means any land, whether vacant or occupied by a building or structure and includes such building or structure or part of a building or structure, and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes a Site;
72. "Reg. 347" means R.R.O. 1990, Reg. 347 (General - Waste Management) made under the Environmental Protection Act, as amended;
73. "Roof Water Leader" means a pipe that is installed to carry Storm Water from a roof to a storm building Drain, or other place of disposal;
74. "Sediment Interceptor" means a device or structure that is utilized to separate sediment from the Discharge. It can include catch-basin sumps or manufactured oil/grit separators;
75. "Salt Water" in this By-law means water in a swimming pool or hot tubs/spas or wading pools which has dissolved salts, such as, but not limited to sodium chloride;
76. "Sanitary Sewer" means any part of the Sewage Works that is intended to collect and convey Sewage to a sewage treatment facility;
77. "Sewage" or "Wastewater" means any liquid containing organic, inorganic, animal, vegetable or mineral matter in solution or in suspension, including floating materials, but does not include Storm Water or Uncontaminated Water alone;
78. "Sewage Works" means any works owned by the City used for the collection, transmission, treatment or disposal of Sewage, Storm Water or Uncontaminated Water and includes a Sanitary Sewer, Storm Sewer and Land Drainage Works; but does not include plumbing to which the Building Code Act, 1992 applies;
79. "Site" means a Property where a business activity takes place that is capable of discharging to a Sewage Works;
80. "Spill" means a Discharge of any Substance to a Sewage Works or to the Natural Environment which is abnormal in quantity or quality in light of all the circumstances of the Discharge;
81. "Standard Methods" means a procedure or method set out in "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation, as amended from time to time;
82. "Storm Sewer" means any part of the Sewage Works that is intended to collect and convey Storm Water, Uncontaminated Water, surface runoff or drainage from land or from a Watercourse or any combination thereof;
83. "Storm Water" includes water from rainfall or other precipitation or from the melting of snow or ice;
84. "Subsurface Drainage Pipe" means a pipe that is installed underground to intercept and convey subsurface water, and includes foundation Drain pipes;
85. "Substance" means any physical matter, whether solid, liquid or gas;
86. "Surcharge Agreement" means an agreement that the Regional Municipality of York, at its discretion, may enter into with a Discharger to permit the Discharge of Sewage into its sanitary transmission sewer and Sewage treatment plant that would otherwise be prohibited by this Bylaw. A Surcharge Agreement is only made with respect to the certain parameters to the certain extent of concentrations in Sewage;
87. "Uncontaminated Water" means water with a level of quality which is typical of potable water normally supplied by the City or whose quality does not exceed the values in "Table 2 - Limits for Storm Sewer Discharge";
88. "Vehicle and Equipment Service Operation" means any business where vehicles and equipment are repaired, lubricated or maintained and discharge non-domestic Wastewater into the Sanitary Sewer;
89. "Vehicle Wash Operation" means any business that operates a vehicle washing area and discharges sand, grit or similar materials into the Sanitary Sewer;
90. "Waste Radioactive Prescribed Substances" means uranium, thorium, plutonium, neptunium, deuterium, their respective derivatives and compounds and such other Substances as the Canadian Nuclear Safety Commission, or its successor, may designate as being capable of releasing atomic energy or as being requisite for the production, use or application of atomic energy;
91. "Watercourse" means an open channel, ditch or depression, either natural or artificial, in which flow of water occurs either continuously or intermittently;
92. "Wye Sewer Connection" means a single Private Sewer pipe which is intended to service two Properties;
93. "Wetted Height" means the depth from the static water line to the bottom of an Interceptor.
## 2. Administration
- 2.1 Subject to the terms of this or other By-laws, or the directions of Council:
- 2.1.1. Administration of this By-law shall be by the Director of Environmental Services, by the Director of Engineering and by the Director of Operations;
- 2.1.2. Enforcement of this By-law shall be by Officers appointed for the purpose of enforcing the provisions of this By-law, which shall include the following:
1. any staff designated or delegated by the Director of Environmental Services; the Director of Engineering or the Director of Operations;
## 3. Sanitary Sewer Requirements
## 3.1 Prohibition of Discharge into Sanitary Sewers
No Person or Discharger shall discharge or cause or permit the Discharge of a Substance to a Sanitary Sewer in circumstances where,
## 3.1.1. to do so may cause or result in,
1. a health or safety hazard to a Person authorized to inspect, operate, maintain, repair or otherwise work on, in or around a Sewage Works; or
2. a hazard or other adverse effect, to any Person, animal, Property, vegetation or the Natural Environment; or
3. an offence under the Ontario Water Resources Act or the Environmental Protection Act or any regulation made thereunder; or
4. Biosolids from the Sewage Works which Sewage discharges to, failing to meet the requirements set out in the Nutrient Management Act, 2002, S.O.2002, c.4 or a regulation thereunder, as amended; or
5. dyes or colouring materials to pass through a Sewage Works which could discolour the Sewage Works effluent; or
6. interference with the inspection, operation, maintenance or repair of a Sewage Works or which may impair or interfere with any Sewage treatment process; or
7. an offensive odour to emanate from the Sewage Works that is detectable within the vicinity of the Sewage Works, and includes, without limiting the generality of the foregoing, Sewage containing hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such quantities as may cause an offensive odour; or
8. damage to a Sewage Works or any part thereof; or
9. an obstruction or restriction to the flow in the Sanitary Sewer;
## 3.1.2. the Sewage has or exhibits,
1. a pH less than 6.0 or greater than 10.5; or
2. two or more separate liquid layers; or
3. a temperature greater than 60 degrees Celsius;
## 3.1.3. the Sewage contains or is likely to contain,
1. Combustible Liquid; or
2. Flammable Liquid; or
3. Fuel; or
4. Hauled Sewage, or
5. Hauled Waste, or
6. Hazardous Waste; or
7. PCBs; or
8. a Pesticide; or
9. Waste Radioactive Prescribed Substances; or
10. Leachate; or
11. a liquid or material resulting from the pump-out or cleaning of a catch-basin, Sediment Interceptor, or Maintenance Access Hole, except where any grit or other contaminants have been removed or reduced to levels acceptable to the City, and the prior written approval for the Discharge has been obtained from the City under section 3.2.2; or
12. 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, garbage, sand, straw, mud, shavings, metal, glass, rags, feathers, plastic, wood, cellulose, oil, fat and grease of animal or vegetable origin, oil grease and tar of mineral origin; or
13. 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; or
14. any contaminant at a concentration that exceeds any one or more of the limits in Table 1 as set out in Schedule "A" of this By-law, entitled "Limits for Sanitary Sewer Discharge", except where the Discharge is proceeding under and carried out in accordance with and only to the extent expressly permitted by all terms and conditions of a Surcharge Agreement, Compliance Program or Pollution Prevention Plan which has been previously authorized or approved in writing by the City and/or the Regional Municipality of York with respects to applicable section, prior to the Discharge in accordance with the provisions of this By-law.
- 3.1.4. the Discharge is Storm Water, Non-Contact Cooling Water, water from a Dewatering Activity, or Uncontaminated Water.
## Request and Approval of Special Discharge into Sanitary Sewer
- 3.2.1. Notwithstanding section 3.1.4 of this By-law, the City, in its sole discretion, may give prior written approval for a temporary Discharge of a
1. Storm Water, or
2. Non-Contact Cooling Water, or
3. water from a Dewatering Activity, or
4. Uncontaminated Water,
to a Sanitary Sewer, where,
1. the Discharge is requested as a result of a situation that the City, in its sole discretion, considers to be an Emergency; or
2. in the case of a proposed building, no Storm Sewer exists adjacent to the building; or
3. in the case of an existing building, no Storm Sewer Connection exists to the building.
4. 3.2.2. The City, in its sole discretion, may approve a Discharge described in section 3.2.1 or Section 3.1.3(11) on such terms and conditions as it may deem appropriate, including terms and conditions in respect of protecting the Sewage Works and other infrastructure, compensating the City for costs related to the extra maintenance or repair of the Sewage Works and facilitating administration of the approval. To assess a proposed Discharge under section 3.2.1 or 3.1.3(11), the City must be provided with,
1. written request to the City for the proposed Discharge which includes,
- a. the reason for the need for special Discharge;
- b. the volume of water to be discharged;
- c. the location of the water source;
- d. the address of the Property where the water is being used and from which it is being discharged; and
- e. the details of the proposed Discharge plan;
2. a copy of a valid Permit to Take Water issued by the Ministry of the Environment, Conservation and Parks in respect of taking the water that would be discharged, where such Permit to Take Water is required by the Ontario Water Resources Act;
3. a copy of approval from other appropriate government agencies if applicable; and
4. payment for any application fees for reviewing a request for a Discharge under this section that may be imposed by the City.
14. 3.2.3. For the purposes of this Part, the City may require a Person to provide plans, specifications, reports, studies, data, analytical results, documentation or other information to the satisfaction of the City to assess whether or not an actual or potential Discharge may or could
interfere with the City's Sanitary Sewer and contravene Part 3 of this By-law.
## 4. Storm Sewer Requirements
## 4.1 Prohibition of Discharge into Storm Sewers
No Person or Discharger shall discharge or cause or permit the Discharge of a Substance to a Storm Sewer or to Land Drainage Works in circumstances where,
- 4.1.1. the Discharge is not Storm Water or not Uncontaminated Water in accordance with this By-law;
- 4.1.2. the Discharge may cause or result in,
1. a health or safety hazard to a Person authorized to inspect, operate, maintain, repair or otherwise work on, in or around a Storm Sewer; or
2. interference with the proper operation of a Storm Sewer or Land Drainage Works; or
3. an obstruction or restriction to a Storm Sewer or Land Drainage Works or the flow therein; or
4. damage to a Storm Sewer or Land Drainage Works; or
5. a hazard or other adverse effect to any Person, animal, Property, vegetation or the Natural Environment; or
6. impairment of the quality of any water including water in any well, aquifer, lake, river, pond, spring, stream, reservoir or other Watercourse; Or
7. an offence under the Ontario Water Resources Act, the Environmental Protection Act or the Fisheries Act with respect to the Storm Sewer or Land Drainage Works and/or the direct or indirect Discharge from the Storm Sewer or Land Drainage Works into any Watercourse;
8. not satisfying criteria for discharging to environmentally sensitive Water Courses.
- 4.1.3. the water has or exhibits,
1. two or more separate liquid layers; or
2. a visible film, sheen or discoloration; or
3. a temperature greater than 40 degrees Celsius; or
4. a pH less than 6.0 or greater than 9.0;
- 4.1.4. the water contains, or is likely to contain,
1. Blowdown Water; or
2. Contact Cooling Water; or
3. water from a Dewatering Activity; or
4. Combustible Liquid; or
5. Flammable Liquid; or
6. floating debris; or
7. Fuel; or
8. Oil and/or Grease; or
9. Hauled Sewage; or
10. Hauled Waste; or
11. Hazardous Waste; or
12. PCBs; except where the Discharge is proceeding in accordance with a valid approval or equivalent legal instrument, permission or order which has been issued to the Person by a federal authority and/or Ontario ministry or regulatory body expressly authorizing the Discharge to the City's satisfaction and the Person is complying with all terms and conditions; or
13. Pesticides; or
14. Sewage; or
15. Waste Radioactive Prescribed Substances; or
16. Leachate; or
17. a Substance from raw materials, intermediate or final materials, used or produced in, through or from an Industrial process; or
18. a Substance used in the operation or maintenance of a Site; or
19. any contaminant at a concentration that exceeds any one or more of the limits in Table 2 as set out in Schedule "A" of this By-law, entitled "Limits for Storm Sewer Discharge"; or
20. a liquid or material resulting from the pump-out or cleaning of a catch-basin, Sediment Interceptor, or Maintenance Access Hole.
## 4.2 Request and Approval of Special Discharge into Storm Sewers
- 4.2.1. Notwithstanding sections 4.1.1 and 4.1.4(3) of this By-law, the City, in its sole discretion, may give a prior written approval for a Discharge of water from a Dewatering Activity, to a Storm Sewer or Land Drainage Works on such terms and conditions as it may deem appropriate including but not limited to terms and conditions in respect of protecting the Sewage Works, other infrastructure and the Natural Environment, standards for parameters in the Discharge, volume of the Discharge, compensating the City for costs related to extra maintenance or repair of the Sewage Works and facilitating administration of the approval.
- Where the City has given prior written approval for a Discharge in accordance with section 4.2.1, a Person may discharge water from a Dewatering Activity to a Storm Sewer or Land Drainage Works only to the extent permitted by and where the Person is complying with all terms and conditions of the prior written approval. To assess a proposed Discharge under section 4.2.1, the City must be provided with,
1. written request to the City for the proposed Discharge which includes,
- a. the reason for the need for special Discharge;
- b. the volume of water to be discharged;
- c. the location of the water source;
- d. the description of location where the water is being used and from which it is being discharged; and
- e. the details of the proposed Discharge plan;
2. a copy of a valid Permit to Take Water issued by the Ministry of the Environment, Conservation and Parks in respect of taking the water that would be discharged, where such Permit to Take Water is required by the Ontario Water Resources Act,
3. a copy of approval from other appropriate government agencies if applicable; and
4. payment for any application fees for reviewing a request for a Discharge under this section that may be imposed by the City.
- For the purposes of this Part, the City may require the Person to provide plans, specifications, reports, studies, data, analytical results, documentation or other information to the satisfaction of the City that would enable the City to assess whether or not the actual or potential Discharge may or could interfere with the City's Storm Sewer or contravene Part 4 of this By-law.
## 5. Prohibition of Dilution
- 5.1 No Person or Discharger shall discharge or cause to permit the Discharge of a Substance into a Sewage Works in circumstances where water has been added to the Discharge for the purposes of dilution such that after dilution the Discharge does not contravene Part 3 or Part 4 of this By-law.
## 6. Discharger Information Request
- 6.1 A Discharger shall complete a Discharger Information Report form provided by the City and submit it to the City within 30 calendar days of written notification by the City that such report is required.
- 6.2 Where a Discharger is required by the City to complete a Discharger Information Report, the Discharger shall provide written notice of any change in the information requested in the Discharger Information Report a minimum of 30 calendar days prior to the effective date of such change. Such notice shall include pertinent details of any change to the operation, process, or PreTreatment facilities, and shall include any analyses of the Sewage and any other information related to the Discharge as may be required by the City.
## 7. Surcharge Agreement
- 7.1 Through an approved Surcharge Agreement, a Discharger will be allowed to discharge or deposit of Sewage containing parameters set by that Surcharge Agreement in excess of limits established by this By-law.
## 8. Compliance Program
- A Discharger may submit to the City, or submit and resubmit where required by the City, a proposed Compliance Program to prevent, reduce or control a Discharge of Sewage which does not comply with the requirements of this By-law.
- 8.2 Upon receipt and review of a proposed Compliance Program pursuant to section 8.1, the City, at its sole discretion, may issue a Compliance Program approval with such terms and conditions the City deems to be appropriate for any Discharge which would otherwise not comply with this By-law. A noncompliant Discharge authorized under an approval is only authorized in the amount and to the extent set out in the approval, during the period of planning, design, construction and installation of facilities or works necessary to implement the approved Compliance Program.
- 8.3 The City may terminate the Compliance Program by giving written notice to the Discharger,
- 8.3.1. at any time where, in the opinion of the City, there is an immediate threat or danger to any Person, animal, the Natural Environment, Property, or vegetation, in which case the termination shall be effective immediately upon receipt of the written notice of termination by the Discharger;
- 8.3.2. at any time where, in the opinion of the City, the Discharger fails or neglects to implement or pursue implementation of the actions required under the approved Compliance Program or otherwise fails to comply with the terms and conditions of an approval, in which case the termination shall be effective immediately upon receipt of the written notice of termination.
- 8.4 Where required by the City pursuant to an approved Compliance Program, the Discharger shall install at the Site, and prior to the sampling point, a Sewage Pre-Treatment facility at the Discharger's expense and within specified timeframe.
- A Discharger who is the subject of an approved Compliance Program in accordance with this Part shall not be prosecuted for a contravention under Part 3 of this By-law for the Discharge of Sewage to the extent set out in the approved Compliance Program during the term of the approved Compliance Program, provided that such Discharge is in compliance with the approved Compliance Program.
- 8.6 Where necessary, in the opinion of the City, the Discharger shall provide, at their expense, such Pre-Treatments as may be necessary to reduce objectionable characteristics or constituents to within the limits established by the By-law.
- 8.7 Plans, specifications and any other pertinent information related to proposed Sewage Pre-Treatment facilities shall be submitted for the approval of the City and no construction of such facilities shall be commenced until said approvals are obtained in writing.
## 9. Pollution Prevention Plan
- 9.1 The City may, by written notice, require a Discharger to develop a Pollution Prevention Plan for the Discharge of one or more of any of the parameters listed in Table 1 as set out in Schedule "A" of this By-law or any other parameter that may be designated by the City with respect to the Site from which the Discharge occurs, where,
- 9.1.1. the Discharger is or has been non-compliant with Part 3 of this Bylaw;
- 9.1.2. the Discharger is or has been non-compliant with Part 4 of this Bylaw;
- 9.1.3. the Discharger is or has been in an approved Compliance Program with the City; or
- 9.1.4. the Discharger is or has been responsible for one or more Spills) to a Sewage Works.
- 9.2 A Pollution Prevention Plan shall comply with any guidelines that the City may establish from time to time.
- 9.3 A Pollution Prevention Plan shall be completed by the Discharger and submitted to the City for approval within 6 calendar months of notification by the City that a Pollution Prevention Plan is required.
- 9.4 The Discharger shall keep a copy of the current approved Pollution Prevention Plan at the Site in respect of which it was prepared and shall make the approved Pollution Prevention Plan available for review by an Officer and, upon request, shall provide a copy of the approved Pollution Prevention Plan in the requested manner and format at no charge to the City.
- 9.5 The City may exempt a Discharger from the requirements to develop a Pollution Prevention Plan where the Discharger has implemented and maintains a currently registered ISO 14001 Program which is accredited by the Standard Council of Canada or the Registrar Accreditation Board and which is currently accredited by a third party auditor. If such an exemption is made, the Discharger shall keep a copy of the registered ISO 14001 Program at the Site and shall make it available for review by an Officer and, upon request, shall provide a copy in the requested manner and format, at no charge to the City.
## 10. Sampling and Analytical Requirements
- 10.1 The City, by written notice, may require a Discharger, at the Discharger's expense, to monitor, sample and/or analyze, in accordance with the procedures and methods set out in Standard Methods and through an Accredited Laboratory, one or more Discharges from a Site and submit the analysis, results and/or the samples to the City by the date set out in the notice.
- 10.2 The City may establish non-compliance with this By-law on the basis of a Grab Sample or a Composite Sample of a Discharge, which may contain additives for its preservation, that may be collected manually or by using an automatic sampling device, and analyzed in accordance with the procedures and methods set out in Standard Methods.
- 10.3 For each of the metals whose concentration is limited in Table 1 or Table 2 of Schedule "A", the analysis shall be for the quantity of total metal, which includes all metal both dissolved and particulate.
- 10.4 Where there is no Maintenance Access Hole meeting the requirements of Part 18 of this By-law, the City may, by given a written notice to a Discharger, make use of an alternative device for the purpose of sampling a Discharge to the Sewage Works.
## 11. Spills
- 11.1 In the event of a Spill to a Sewage Works, the Person with charge, management or control of the Substance spilled or the Person who caused or permitted the Spill shall immediately notify the City, provide any information with respect to the Spill which the City advises or requires, and complete any work the City may require to mitigate the Spill.
- 11.2 Notwithstanding section 11.1, the Person who gave notice under that section shall do everything possible to stop and contain the Spill, protect the health and safety of the public and adjacent occupants, minimize damage to Property, protect the Natural Environment, mitigate actual and potential impacts, clean-up the Spill and remediate and restore the affected area to its condition prior to the Spill event.
- 11.3 Within 5 calendar days after the first occurrence of the Spill, the Person who gave notice under section 11.1 shall provide a written report on the Spill to the City containing information to the best of the Person's knowledge including,
1. location where the Spill occurred;
2. name and phone number of the Person who reported the Spill and location where such Person can be contacted;
3. date and time of Spill;
4. Substance that was spilled;
5. physical and chemical characteristics of the spilled Substance;
6. volume of the Substance spilled;
7. duration of Spill event;
8. any relevant information regarding the cause of the Spill or the circumstances surrounding the Spill event;
9. work completed, in progress and/or to be undertaken to mitigate the Spill;
10. preventative actions being taken to ensure the situation does not occur again; and
11. impact of the Spill or any other information in relation to the Spill the City may indicate.
- 11.4 If a Person to whom this Part applies is not able to provide or otherwise does not provide all of the information required by sections 11.1 and 11.3, the Person shall take all reasonable steps to ascertain the missing information and provide it immediately to the City.
- 11.5 If a Person to whom this Part applies becomes aware that any information provided to the City pursuant to sections 11.1 and 11.3 was inaccurate or is no longer accurate, the Person shall immediately notify the City of the inaccuracy and provide corrected information.
- 11.6 The Spill reporting requirements set out in this Part are in addition to and do not replace any other reporting obligations imposed upon a Person by federal or provincial legislation.
## 12. Confidential Information
- 12.1 All information submitted to and collected by the City under the authority of this By-law, including but not limited to information contained in or obtained through Discharger Information Reports, Pollution Prevention Plans, Compliance Programs, Surcharge Agreements, applications, inspection, monitoring or sampling activities will, except where 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, 2001, S.O. 2001, c. 25 ("MFIPPA"), as amended.
- 12.2 In the event that any Person is submitting information, in any form, to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA, the
Person submitting the information shall so identify that information upon its submission to the City and shall provide sufficient details as to the reason for its purported exemption from disclosure.
## 13. Dental Waste Amalgam Separators
- 13.1 Every Person who owns or operates a dental practice shall comply with the Dentistry Act, 1991, S.O. 1991, c. 24, and the regulations made thereunder, as amended from time to time, for the management and disposal of amalgam
- 13.2 A maintenance schedule and record of maintenance shall be made available for review by an Officer and, upon request, a copy shall be provided to an Officer in the requested manner and format, at no charge to the City, for each Dental Amalgam Separator installed.
- 13.3 A record of inspection and any documentation certifying the installation of a Dental Amalgam Separator shall be provided to an Officer upon request and, upon request, a copy of the documentation shall be provided in the requested manner and format, at no charge to the City.
## 14. Grease Interceptors for Food Sector Establishment
- 14.1 Every owner or operator of a Food Sector Establishment shall take all necessary measures to ensure that Oil & Grease are prevented from discharging to,
- 14.1.1. a Sanitary Sewer in excess of the limits in Table 1 as set out in Schedule "A" of this By-law; or
- 14.1.2. a Storm Sewer or Land Drainage Works.
- 14.2 Every owner or operator of a Food Sector Establishment shall use Grease Interceptors in accordance with this By-law to separate Oil & Grease and then remove or retain such Oil & Grease from Wastewater before the Wastewater is discharged into a Sanitary Sewer.
- 14.3 The City may provide notice to require a Discharger to whom section 14.1 applies to install, operate and properly maintain a Grease Interceptor. The Discharger shall install, operate and properly maintain, in accordance with the requirements of this Part, a Grease Interceptor in any piping system at its Site that connects directly or indirectly to a Sewage Works.
## 14.4 Grease Interceptor Installation
- 14.4.1. No Person shall install a new Grease interceptor or replace an existing Grease Interceptor without obtaining a building permit from the City's Building Department.
- 14.4.2. All Grease Interceptors shall be installed in compliance with the current requirements of the Building Code Act and its regulations.
- 14.4.3. Unless approved by the City, all required Grease Interceptors must be either certified or assembled in accordance with CAN/CSA-B481 "Grease Interceptors" standards.
- 14.4.4. All Grease Interceptors shall be installed in a location that is easily accessible for regular inspection and maintenance.
- 14.4.5. All Flow Control Fittings used in Grease Interceptors must be accessible and must not be removed, altered, or disassembled.
## 14.5 Fixture Connections
- 14.5.1. The following fixtures in a Food Sector Establishment shall be connected to a Grease Interceptor:
1. sinks used for washing pots, pans, dishes, cutlery and kitchen utensils;
2. drains servicing Commercial cooking equipment;
3. drains serving self-cleaning exhaust hoods installed over commercial cooking equipment;
4. any other fixture that discharges Wastewater containing Oil & Grease.
## 14.5.2. The following fixtures in a Food Sector Establishment may be connected to a Grease Interceptor:
1. floor drains;
2. mop sinks;
3. garbage disposal drains;
4. Drains serving a garbage compactor used to compact garbage that may contain or be contaminated with Oil & Grease.
5. 14.5.3. The following fixtures in a Food Sector Establishment shall not be connected to a Grease Interceptor:
1. toilets and urinals;
2. sinks and/or plumbing fixtures that do not discharge, contain or handle any Oil & Grease.
8. 14.5.4. Food Preparation Equipment Food grinders, potato peelers and other similar equipment used in the preparation of food must be connected to a solids Interceptor prior to being connected to a Grease Interceptor if Wastewater discharged from such food preparation equipment contains or may be contaminated with Oil & Grease.
## 14.5.5. Dishwashers
When a Grease Interceptor is required to service a dishwasher,
1. it shall be a dedicated Grease Interceptor; or
2. it shall have sufficient Flow Capacity to accept the maximum Discharge of all connected Oil & Grease discharging from plumbing fixtures; or
3. a pre-rinse sink shall be installed at the inlet to the dishwasher and the pre-rinse sink shall be connected to a properly sized Grease Interceptor.
## 14.6 Grease Interceptor Sizing
- 14.6.1. A Grease Interceptor must have sufficient Flow Capacity to separate, and then remove or retain Oil & Grease from the Wastewater in compliance with this By-law.
- 14.6.2. The maximum amount of Wastewater of all plumbing fixtures connected to a Grease Interceptor must not exceed the Grease Interceptor's maximum Flow Capacity.
- 14.6.3. A Grease Interceptor must be sized in accordance with the Ontario Building Code, CAN/CSA-B481 "Grease Interceptors" standards or sizing methodology approved by the City.
## 14.7 Grease Interceptor Maintenance
- 14.7.1. Every owner or operator of a Food Sector Establishment shall ensure all Grease Interceptors are maintained in a full operational and effective condition in accordance with the requirements of CAN/CSA-B481 "Grease Interceptors" standards and manufacturer's instructions.
- 14.7.2. Maintenance Frequency: Unless otherwise specified by the City, all Grease Interceptors must be inspected and cleaned at least once every 4 weeks and more frequently if one of the following occurs:
1. the depth of the organic material and solids residuals in the Grease Interceptor exceeds 25% of the Grease Interceptor's liquid volume;
2. the Discharge of Oil & Grease from the facility exceeds the limits set out in this By-law; or
3. as required by the City.
## 14.7.3. Maintenance Requirements:
- A Grease Interceptor's inspection and cleaning shall include:
1. Evacuating the entire Grease Interceptor;
2. Clearing all inlet, outlet and air relief ports of any obstructions or other matter that may interfere with the proper functions of the Grease Interceptor;
3. Examining all baffles, seals, and internal components for damage and other defects or conditions that may interfere with the proper functions of the Grease Interceptor;
4. Replacing or Repairing any damaged components and other defects or conditions that may interfere with the proper functions of the Grease Interceptor;
5. Oil & Grease removed from the Grease Interceptor during inspection and cleaning must not directly or indirectly be discharged, in any form or manner, into the environment or into any Sanitary Sewer or Storm Sewer.
- 14.7.4. No Person shall discharge, cause, or permit the Discharge of emulsifier to a Grease Interceptor.
- 14.7.5. No Person shall use or cause or permit the use of enzymes, bacteria, solvents, hot water or other agents to facilitate the passage of Oil & Grease through a Grease Interceptor.
## 14.8 Grease Interceptor Maintenance Records
- 14.8.1. Every owner or operator of a Food Sector Establishment shall keep the following inspection and maintenance records at the Site for a minimum of 2 years:
1. date of inspection or maintenance;
2. the percentage of Oil & Grease in the Grease Interceptor at time of inspection or maintenance;
3. the maintenance activities performed;
4. the quantity of material removed from the Grease Interceptor during maintenance;
5. the disposal location of the material removed from the Grease Interceptor during maintenance;
6. the name of Person that performed the inspection or maintenance.
## 14.8.2. Submission to the City:
1. Every owner or operator of a Food Sector Establishment must submit the copy of their Grease Interceptor inspection and maintenance records to the City in the manner and format prescribed by the City and at no charge to the City.
2. Every owner or operator of a Food Sector Establishment must provide those inspection and maintenance records for each Grease Interceptor to the Officer upon request at the Site.
3. 14.9 Where the owner or operator of a Food Sector Establishment fails to adequately maintain the Grease Interceptor to the satisfaction of the City, the City may require Oil & Grease alarms and sensors or such other device to be installed at the Site, which the Discharger shall then install at its expense, in accordance with specifications of CAN/CSA-B481 "Grease Interceptors" standards.
## 15. Oil Interceptors for Vehicle and Equipment Service Operation
- 15.1 Every owner or operator of a Vehicle and Equipment Service Operation shall take all necessary measures to ensure that Oil and Grease are prevented from discharging to
- 15.1.1. A Sanitary Sewer in excess of the limits in Table 1 as set out in Schedule "A" of this By-law; or
- 15.1.2. a Storm Sewer or Land Drainage Works.
- 15.2 Every owner or operator of a Vehicle and Equipment Service Operation shall install, operate and properly maintain, in accordance with the requirements of this Part, an Oil Interceptor in any piping system at its Site that connects directly or indirectly to a Sanitary Sewer.
## 15.3 Oil Interceptor Installation
- 15.3.1. No Person shall install a new Oil Interceptor or replace an existing Oil Interceptor without obtaining a building permit from the City's building Department.
- 15.3.2. Each Oil Interceptor required to be installed under this Part shall be installed in compliance with the current requirements of the Building Code Act and its regulations.
- 15.3.3. All non-domestic Wastewater from the operation shall flow into the Oil Interceptors. Non-domestic Wastewater is from sources other than washrooms and kitchen facilities.
- 15.3.4. The Oil Interceptor shall be easily accessible and ease for inspection and clean out.
## 15.4 Oil Interceptor Maintenance
- 15.4.1. Every owner or operator of a Vehicle and Equipment Service Operation shall ensure all Oil Interceptors are maintained in good working order, and as recommended by the Canadian Fuels Association, including but not limited to the requirements that every Oil Interceptor shall,
1. be inspected at least once every 3 months by measuring the depth of the bottom sludge and the depth of the floating oil to ensure that:
- a. the depth of the bottom sludge does not exceed the lesser of 15 cm or 25% of the Wetted Height of the Oil Interceptor, and
- b. the depth of the floating oil does not exceed the lesser of 5 cm or 5% of the Wetted Height of the Oil Interceptor.
2. be cleaned out within 7 calendar days if the depth of the bottom sludge or the depth of floating oil exceeds the criteria in 15.4.1.1 above;
3. be cleaned out at least once every 12 months regardless of the depth of bottom sludge or the depth of floating oil;
4. clean-out shall be done by a waste carrier approved by the Ministry of the Environment, Conservation and Parks;
5. all oil or sludge cleaned out from the Oil Interceptor shall be transported to a receiving facility approved by the Ministry of the Environment, Conservation and Parks;
6. the maintenance requirements be posted at the Site in a conspicuous location and in proximity to the Oil Interceptor.
- 15.4.2. No Person shall discharge or cause or permit the Discharge of emulsifier to a Sewage Works.
- 15.4.3. No Person shall use or cause or permit the use of hot water, detergents, solvents, or other chemical agents to facilitate the passage of Oil & Grease through an Oil Interceptor.
## 15.5 Oil Interceptor Maintenance Record
- 15.5.1. Every owner or operator of a "Vehicle and Equipment Service" Operation shall keep the following inspection and maintenance records at the Site for a minimum of 2 years:
1. date of inspection and maintenance;
2. description of inspection and maintenance;
3. measured depth of bottom sludge;
4. measured depth of floating material;
5. the type and quantity of material removed from the Oil Interceptor;
6. the disposal location of the material removed from the Oil Interceptor;
7. the name of Person that performed inspection or maintenance.
- 15.5.2. Every owner or operator of a Vehicle and Equipment Service Operation must provide the maintenance schedule and record of maintenance for each Oil Interceptor to an Officer upon request; and
- 15.5.3. Upon request, a copy of the Oil Interceptor maintenance records shall be provided to an Officer in the manner and format requested by the City and no charge to the City.
- 15.6 Where an owner or operator of a Vehicle and Equipment Service Operation fails to adequately maintain the Oil Interceptor to the satisfaction of the City, the City may require an alarmed monitoring device or such other device be installed at the expense of the owner or operator of a Vehicle and Equipment Service Operation.
## 16. Grit Interceptors for Vehicle Wash Operation
- 16.1 Every owner or operator of a Vehicle Wash Operation shall take all necessary measures to ensure that sand, grit or similar materials are prevented from discharging to
- 16.1.1. a Sanitary Sewer in excess of the limits in Table 1 as set out in Schedule "A" of this By-law; or
- 16.1.2. a Storm Sewer or Land Drainage Works.
- 16.2 Every owner or operator of a Vehicle Wash Operation shall install, operate and properly maintain, in accordance with the requirements of this Part, a Grit Interceptor in any piping system at its Site that connects directly or indirectly to a Sanitary Sewer.
## 16.3 Grit Interceptor Installation
- 16.3.1. No Person shall install a new Grit interceptor or replace an existing Grit Interceptor without obtaining a building permit from the City's building Department.
- 16.3.2. Each Grit Interceptor required to be installed under this Part shall be installed in compliance with the current requirements of the Building Code Act and its regulations.
- 16.3.3. All Wastewater from the washing area shall flow into the Grit Interceptors.
- 16.3.4. The Grit Interceptor shall be easily accessible and ease for inspection and clean out.
## 16.4 Grit Interceptor Maintenance
- 16.4.1. Every owner or operator of a Vehicle Wash Operation shall ensure all Grit Interceptors are maintained in good working order, and as recommended by the Canadian Fuels Association, including but not limited to the requirements that every Grit Interceptor shall,
1. be inspected every month by measuring the depth of the bottom sludge. And the depth of the bottom sludge shall not exceed 75% of the Wetted Height of the Grit Interceptor;
2. be cleaned out within 7 calendar days if the depth of the bottom sludge exceeds the criteria;
3. be cleaned out regardless of the depth of the bottom sludge:
- a. at least once every 6 months if it does not have a "3 compartments" structure, or
- b. at least once every 12 months if it has a "3 compartments" structure.
4. clean-out shall be done by a waste carrier approved by the Ministry of the Environment, Conservation and Parks;
5. all sludge cleaned out from the Grit Interceptor shall be transported to the receiving facilities approved by the Ministry of the Environment, Conservation and Parks;
6. have the maintenance requirements posted at the Site in a conspicuous location and in proximity to the Grit Interceptor.
## 16.5 Grit Interceptor Maintenance Records
- 16.5.1. Every owner or operator of a Vehicle Wash Operation shall keep the following inspection and maintenance records at the Site for a minimum of 2 years:
1. date of inspection and maintenance;
2. description of inspection and maintenance;
3. measured depth of bottom sludge;
4. measured depth of floating material;
5. the type and quantity of material removed from the Grit Interceptor;
6. the disposal location of the material removed from the Grit Interceptor;
7. the name of Person that performed inspection or maintenance.
- 16.5.2. Every owner or operator of a Vehicle Wash Operation must provide the maintenance schedule and record of maintenance for each Grit Interceptor to an Officer upon request; and
- 16.5.3. Upon request, a copy of the Grit Interceptor maintenance records shall be provided to an Officer in the manner and format requested at no charge to the City.
- 16.6 Where an owner or operator of a Vehicle Wash Operation fails to adequately maintain the Grit Interceptor to the satisfaction of the City, the City may require an alarmed monitoring device or such other device be installed at the expense of the owner or operator of a Vehicle Wash Operation.
## 17. Sediment Interceptors for Storm Sewer
- 17.1 Where sediment may be discharged to a Sewage Works from the Site of a Discharger, including but not limited to Sites using a ramp Drain or area Drain, the Discharger shall take all necessary measures to ensure that such sediment is prevented from discharging to,
- 17.1.1. a Sanitary Sewer in excess of the limits in Table 1 as set out in Schedule "A" of this By-law; or
- 17.1.2. a Storm Sewer in excess of the limits in Table 2 as set out in Schedule "A" of this By-law.
- 17.2 A Discharger shall ensure any catch-basin installed on its Site for the purpose of collecting Storm Water and carrying it into a Storm Sewer or Land Drainage Works is equipped with a Sediment Interceptor and the installation of each catch-basin shall comply with the City's standard construction specifications and drawings.
- 17.3 A Discharger shall ensure that all Sediment Interceptors are maintained in good working order, including the requirements that every Sediment Interceptor shall be,
- 17.3.1. maintained in accordance with the manufacturer's guidance and recommendations; and
- 17.3.2. inspected regularly to ensure performance is maintained to the manufacturer's specifications.
- 17.4 The Discharger must provide the maintenance schedule and the record of maintenance for each Sediment Interceptor to an Officer upon request, a copy shall be provided to an Officer in the requested manner and format at no charge to the City, and must keep documentation of Sediment Interceptor clean-out and sediment disposal at the Site for a minimum of 2 years.
## 18. Maintenance Access Holes
- 18.1 A Discharger of Commercial, Institutional or Industrial premises or multiresidential buildings with one or more Municipal Sewer Connections to a Sewage Works, at the Discharger's expense, shall install or cause to install a Maintenance Access Hole for each Municipal Sewer Connection for the purpose of observation, sampling, maintenance, flushing, and measurement of the flow of Discharges therein in accordance with the requirements of this Part.
- 18.2 Notwithstanding section 18.1, where the installation of a Maintenance Access Hole is not possible or is not acceptable to the City, an alternative device may be substituted with the prior written approval of the City.
- 18.3 A Maintenance Access Hole, or an alternative device shall be,
- 18.3.1. located on the Property line of the Discharger's Site, unless the City provides written approval for a different location;
- 18.3.2. designed and constructed in accordance with good engineering practice, in a manner acceptable to the City.
- 18.4 If a Maintenance Access Hole, or an alternative device for the purposes identified in section 18.1 is installed on the Property line, the City shall take its ownership and be responsible for its maintenance.
- 18.5 If a Maintenance Access Hole, or an alternative device for the purposes identified in section 18.1 is installed on the private side, a Discharger shall maintain it in good working condition and, when necessary, shall replace a Maintenance Access Hole, alternative device or facility, at the Discharger's expense. It shall be accessible at any time to the City for the purpose of observation, sampling and measurement of the flow of Discharges therein.
## 19. Private Sewage Disposal Systems
- 19.1 No Person shall construct or maintain any Private Sewage Disposal System, except in accordance with Section 19 of this by-law.
- 19.2 Where no Sanitary Sewer exists adjacent to a Property, the building sewer shall be connected to a Private Sewage Disposal System to contain the Sewage. The Private Sewage Disposal Systems shall be installed and maintained in compliance with Ontario Building Code and all other applicable legislation, regulations and by-laws.
- 19.3 The owner or occupier of such Property shall operate and maintain the Private Sewage Disposal Systems in a sanitary manner at all times and at no expense to the City.
- 19.4 At such time as a Sanitary Sewer becomes available to a Property served by a Private Sewage Disposal System, if notice has been given by the City, a direct Connection to the Sanitary Sewer shall be made in compliance with this By-law within 90 calendar days, at the owner's expense, and any Private Disposal Systems shall be decommissioned and filled in compliance with Ontario Building Code and all other applicable legislation, regulations and bylaws.
- 19.4.1 Upon the written approval of Director of Environmental Services, the owner of Property served by a Private Sewage Disposal System may extend the compliance timeline on the City's notice to make a direct Connection to the Sanitary Sewer.
- 19.5 Prior to installation, upgrade or decommissioning of a Private Disposal System, the Owner of the Property shall obtain a building permit from the City's Building Department.
## 20. Municipal Sewer Connections
## 20.1 Application and Payment
- 20.1.1. No Person shall connect or cause to connect any Private Sewer to any Municipal Sewer Connection, including any reconnection of an existing Private Sewer, without the prior written approval of the City and compliance with the requirements of this By-law.
- 20.1.2. · No Person shall construct or cause to construct any sewer Connection on any road allowance, Easement, or other public land, except by the City or, where authorized in writing by the City, under a written agreement satisfactory to the City.
- 20.1.3. The owner or owner's agent of the Property seeking the Connection of a Private Sewer with the Municipal Sewer Connection shall make an application on the prescribed form to the City, shall make engineering submissions satisfactory to the City, and shall be responsible for the application fees and cost of such sewer Connection.
- 20.1.4. The owner or owner's agent of a Property where the use or the zoning of the Property has changed, shall make an application on the prescribed form to the City, if the owner or owner's agent requests to use the existing Municipal Sewer Connection. The owner or owner's agent will be required to carry out investigation to confirm the conditions and suitability of the existing Municipal Sewer Connection to the satisfaction of the City.
## 20.2 Connections to Municipal Sewer Connection through neighbouring Private Lands
- 20.2.1. Where an owner or owner' agent of a Property requires a Connection to Municipal Sewer Connection through neighbouring private lands, the owner shall obtain a written authorization from
those Property owners and shall obtain a private Easement over the neighbouring private lands, to the satisfaction of the City, for the construction, operation and maintenance, replacement of that sewer Connection and its appurtenances at the owner's expenses.
- 20.2.2. No Person shall construct or cause to construct such sewer Connection without obtaining the authorization from those Property owners and a private Easement over the said properties.
- 20.2.3. No Person shall construct or cause to construct such sewer Connection without obtaining the building permit from the City's Building Department.
- 20.2.4. Construction of such sewer Connection shall comply with all the provisions of Ontario Building Code.
20.3 Municipal Sewer Connections for Land Development Where a Property is developed or a lot is subdivided, and will be connected to the City's Sewage Works, the owner of the Property shall enter into any agreements with the City as required by the City. The agreement may include the installation of Municipal Sewer Connections to various lots in the development. The owner of the Property shall ensure that the Municipal Sewer Connection shall not cause any capacity issues of the municipal sewer systems and shall meet the City's design requirements to the satisfaction of the Director of Engineering and/or the Director of Environmental Services.
- 20.4 Municipal Sewer Connections for Existing Buildings or New Buildings
The owner or owner's agent of the Property shall apply to the City for installation of a new Municipal Sewer Connection, and pay to the City the cost of such work on an actual cost plus an administrative fee, as determined by the City, where there is:
- 20.4.1. A change of service Connection in a building on a Property with Municipal Sewer Connection; or
- 20.4.2. An existing building on a Property without Municipal Sewer Connection; or
- 20.4.3. A change in the size of the Municipal Sewer Connection due to increased Sewage flow; or
- 20.4.4. A construction of a new building on a Property without Municipal Sewer Connection; or
- 20.4.5. A disconnection of a residential dwelling from a Private Sewage Disposal System.
## 20.5 Existing Municipal Sewer Connections for Reconstructed Buildings
- 20.5.1. Existing Municipal Sewer Connections to be disconnected prior to the building demolition shall comply with the following:
1. Whenever an existing building is to be substantially demolished, the existing Municipal Sewer Connections shall be inspected prior to submission of the demolition application.
- a. If the Municipal Sewer Connection is found to be in good condition and have an appropriate size, it can be reused for service Connection at the discretion of the City.
- b. If the Municipal Sewer Connection is found to be deficient, it is to be disconnected or sealed by the City at the expense of the owner of the Property prior to the building demolition.
2. The owner or owner's agent of the Property applying for the permit to construct the replacement building shall apply and pay the City for the inspection of the existing Municipal Sewer Connections or the installation of new Municipal Sewer Connections.
- 20.5.2. For the purposes of the section 20.5 and section 20.6, an existing building is substantially demolished when more than fifty percent (50%) of the exterior walls of the first storey above grade are removed, whether or not they are subsequently replaced.
## 20.5.3. Existing Municipal Sewer Connections to be reused
Notwithstanding section 20.5.1 or 20.5.2, the owner of the Property may apply to the City for the reuse of a Municipal Sewer Connection, up to and including 150 mm in diameter, for the purposes of servicing a residential dwelling if the Municipal Sewer Connection meets, as determined by the City, all of the following requirements:
1. The Municipal Sewer Connection must meet the City's current standards and specifications;
2. The Municipal Sewer Connection must not be a Wye Sewer Connection. At the sole discretion of the City, the storm Wye Sewer Connections at residential dwellings may be allowed;
3. The new residential dwelling shall maintain the gravity flow to the Municipal Sewer Connection;
4. The Municipal Sewer Connection must not have any records or history of sewer back-ups in respect to properties serviced by that Municipal Sewer Connection; and
5. The Municipal Sewer Connection is free of structural and operational defects as determined by and at the sole discretion of the City.
## 20.5.4. Existing Municipal Sewer Connections servicing residential dwelling to be CCTV Inspected & at the owner's expense
For the purposes of section 20.5.3(4), the owner shall complete a closed circuit television (CCTV) sewer inspection, at the owner's expense, along the entire Municipal Sewer Connection, the results of which must indicate that the Municipal Sewer Connection is free of structural and operational defects.
- 20.5.5. The owner or owner's agent of the Property upon making an application under section 20.5.1 shall pay to the City any fees, charges and costs as may be prescribed or determined by the City.
## 20.6 Existing Municipal Sewer Connections for Demolished Buildings to be disconnected and sealed
- 20.6.1. Whenever a building or structure on a Property is substantially demolished and no replacement building is proposed or the eplacement building will have a different Connection to the existin Municipal Sewer Connection(s), no Person shall demolish or caus
- to demolish any building until the Municipal Sewer Connection(s) serving the Property have been completely disconnected and sealed by the City.
- 20.6.2. The owner or the owner's agent of the Property shall pay all fees and costs associated with the disconnection prior to the demolition of the building or structure as determined by the City from time to time.
## 20.7 Addition, Change or Alteration to existing Municipal Sewer Connections
- 20.7.1. Any Person who requires an additional Municipal Sewer Connection to be supplied to a Property or a change or an alteration to the existing Municipal Sewer Connection in relation to a Property shall submit an application for such addition, change or alteration on the prescribed form to the City:
1. The application shall be accompanied by such engineering studies, monitoring reports, drainage plans, grading plans, engineering plans and other detailed documentation and information as may be required by the City to determine if the application meets the City's current standards and specifications as well as the requirements of this By-law; and
2. The application shall indicate that the addition, change or alternation of the Municipal Sewer Connection will not cause any capacity issues of the municipal sewer systems; and
3. The application shall meet the City's design requirements to the satisfaction of the Director of Engineering and/or the Director of Environmental Services.
- 20.7.2. The applicant shall pay to the City, at the time of making the application, all applicable fees, charges, deposits, financial securities and costs, including the cost for disconnection of the existing Municipal Sewer Connection and for the installation and Connection of new Municipal Sewer Connection, if one is required.
- 20.7.3. The owner or the owner's agent of the Property shall sign the application, and the owner of the Property shall be responsible for the completeness and accuracy of the information provided on such application and in the related supporting documentation in accordance with section 20.7.1.
## 20.8 Installation of Municipal Sewer Connections
## 20.8.1. Municipal Sewer Connection - Installation by the City
Upon approval by the City of an application submitted under section 20.1, section 20.4, or section 20.7, a Municipal Sewer Connection shall be installed by the City, at the expense of the owner of the Property, in accordance with the standards and specifications and upon such conditions, rates, fees, charges and costs as may be prescribed or determined by the City.
## 20.8.2. Municipal Sewer Connection - Installation by the owner
1. Notwithstanding section 20.8.1, if an application has been approved by the City pursuant to section 20.1, section 20.3, section 20.4 or section 20.7, the City may authorize an owner, in writing, to install a Municipal Sewer Connection including any part of Sewage
Works, at the owner's expense and subject to the requirements set out in sections 20.8.2(2) to 20.8.2(4), where:
- a. the Municipal Sewer Connection is approved by the City to be installed within or as part of an unassumed subdivision;
- b. the Municipal Sewer Connection is approved by the City to be installed in conjunction with the construction of new Sewage Works related to the owner's project;
3. the Municipal Sewer Connection is approved by the City to be installed within the City's approved Easement;
- d. The Municipal Sewer Connection is a requirement of a site plan;
- e. The existing Municipal Sewer Connection for an Industrial, Commercial or Institutional or multi-residential Property is approved by the City to be replaced with a larger pipe size;
- f. The existing Industrial, Commercial or Institutional or multiresidential Property requires a new Municipal Sewer Connection; or
- g. Any other circumstances that the City deems appropriate.
2. The owner of the Property shall enter into a written agreement with the City with respect to the installation of the Municipal Sewer Connection, any related work and the assumption of risk by the owner in relation to the installation, on such terms and conditions that are acceptable by the City and in a form that is satisfactory to the City;
3. The owner of the Property shall construct the Municipal Sewer Connection in accordance with the City standards and specifications and any other terms and conditions as set out in the agreement referred to in section 20.8.2(1); and
4. The construction of the Municipal Sewer Connection by the owner shall be inspected by and installed to the satisfaction of the City. The owner of the Property shall notify the City that it is ready for inspection prior to the commencement of any backfilling or restoration of the road allowance or Easement where the Municipal Sewer Connection has been installed.
## 20.8.3. All Private Sewers and their Connection to Municipal Sewer Connection - Installation by the owner
1. A Private Sewer shall be installed on a Property in accordance with the building permit issued by the City's Building Department for that Property, and the installation shall be in accordance with the Ontario Building Code.
2. A Private Sewer shall not be connected to the Municipal Sewer Connection until it is satisfactory installed and the Sewage Works which the Municipal Sewer Connection is connected to is completed and assumed for operations by the City.
## 20.9 Single and Separate Municipal Sewer Connection
- 20.9.1. Only a single Municipal Sewer Connection is permitted for each Property.
- 20.9.2. Where more than one Municipal Sewer Connection is required for a Property, the owner or the owner's agent of the Property shall make an application to the City in accordance with section 20.1.
- 20.9.3. No Wye Sewer Connections are allowed unless those Wye Sewer Connections have been constructed prior to passing of this By-law. At the sole discretion of the City, the storm Wye Sewer Connections at residential properties may be allowed.
- 20.9.4. Newly constructed buildings are not permitted to connect to existing sanitary Wye Sewer Connections. A new Sanitary Sewer Connection shall be constructed for each newly constructed building.
## 20.10 Backwater Valves and Sump Pumps
Where a backwater valve or a sump pump is required, it shall be installed in accordance with the Ontario Building Code within the Property, and be maintained by the owner of the Property at his or her sole expense.
## 20.11 Prevent inflow of Storm Water into a Sanitary Sewer
The owner of any building which has a Roof Water Leader discharging Storm Water, either directly or indirectly, into the Sanitary Sewer shall disconnect the down-pipe from the underground portions at grade and shall convey the Storm Water away from the building in a such way that the Storm Water will not accumulate at or near the building and will not adversely affect adjacent Properties.
## 20.12 Groundwater Drainage System and Dewatering
- 20.12.1. No Person shall permit or cause to permit a direct or indirect Connection between a Groundwater drainage system and the sanitary Private Sewer.
- 20.12.2. No owner or operator of Industrial, Commercial or Institutional premises shall do anything which may increase design peak flow rates of Storm Water or impair the quality of Storm Water discharged to a Storm Sewer.
- 20.12.3. Foundation Drains and other Groundwater drainage systems shall be designed in accordance with the City's current Engineering Design Criteria.
- 20.12.4. The Groundwater drainage system set out in this section shall be installed and maintained by the owner or operator of the premises, at his or her sole expense.
- 20.12.5. Temporary or permanent dewatering facilities shall abide by the City's approval requirements, and Dewatering Activities discharging into the Sewage Works shall be subject to the approval in accordance with section 3.2 or section 4.2 of this By-law.
## 20.13 Storm Water Drainage
- 20.13.1. The provisions of section 20.13.2 and 20.13.3 are not applicable to buildings with flat roofs or multi-story buildings.
- 20.13.2. No Person shall discharge Storm Water, from any building or structure on that Property in the manner that the Storm Water will accumulate at or near the building or structure and will adversely affect adjacent Properties or create a hazardous condition.
- 20.13.3. For any new or reconstructed buildings, no Person shall construct, install or maintain, or cause or permit to construct, install or maintain the direct Connection of any Roof Water Leader into a Storm Sewer.
- 20.13.4. For existing buildings if the owner of the Property receives the disconnection notification from the City, no Person shall maintain, permit or cause to maintain the direct Connection of any Roof Water Leader into a Storm Sewer.
- 20.13.5. An owner of a Property may make an application to the City for an exemption from sections 20.13.3 and 20.13.4 of this by-law, where compliance with those provisions would create a hazardous condition or is not technically feasible. The applicant shall comply with the following conditions:
1. the owner of the Property shall supply such plans, photographs, and other documentation as the City may request. The determination of an exemption shall be in the City's sole discretion.
2. Storm Sewer systems shall be designed in accordance with the City's current Engineering Design Criteria.
3. Catch-basins in rear yards or other grassed areas such as parks shall not contain sumps as per the City's current Engineering Design Criteria.
4. Any Discharge to Storm Sewer must meet quantity and erosion requirements as per the City's current Engineering Design Criteria, and shall be consistent with the approved watershed requirements, as provided by the City and other approval agencies having jurisdiction.
5. Discharge from Storm Sewer systems not connecting to end-ofpipe quality treatments shall, in addition to meeting the contaminant limits in Table 2 as set out in Schedule "A" of this bylaw, meet Enhanced Level of Protection (80% long term Suspended Solid removal) as per the Ministry of the Environment, Conservation and Parks "Storm Water Management Planning and Design Manual (2003)", as amended, and shall meet the City's Storm Water Management Guidelines (2016), as amended.
## 20.14 Maintenance of Municipal Sewer Connections and Private Sewers
## 20.14.1. Maintenance of Municipal Sewer Connections
The City will maintain, repair and replace Municipal Sewer Connections, except in the following circumstances:
1. where there is any blockage or defect in the Municipal Sewer Connections deemed by the Director of Environmental Services to be a result of: (i) negligence by the owner or occupants of the Property or land serviced by the Municipal Sewer Connections, or (ii) negligence by agents of the owner or occupants of the Property or land serviced by the Municipal Sewer Connections; or
2. where the owner of the Property or land serviced by the Municipal Sewer Connections has entered into an agreement with the City for maintenance and repair of underground services which includes Storm Sewer and Sanitary Sewer. In such situations, the owner of the Property or land shall maintain, repair and make any necessary replacement of the Municipal Sewer Connections until the end of such agreement.
## 20.14.2. Blockages in Private Sewers
The owner or occupants of the Property or land shall be responsible for all costs of inspection, clearing or removing blockages and repairing damages that occur for any reason within the private side including in the Private Sewer or in the private plumbing system.
## 20.14.3. Blockages caused by Oil & Grease, Food Waste or other Solids
- Blockages caused by the accumulation of Oil & Grease, food waste or other solids materials at any location in the Municipal Sewer Connection or in the Private Sewer shall be presumed to be caused or permitted by the activities of the building occupants, which presumption may be rebutted by evidence to the contrary on a balance of probabilities.
2. The owner or occupants of the Property shall be responsible for remediating the blockage in the Private Sewer and in the private plumbing system, at their cost.
3. The owner or occupants of the Property shall pay the City for all costs of clearing the blockage, inspection and repairs to the Municipal Sewer Connection due to this type of blockage.
## 20.14.4. Blockages caused by Structural Defects or Damages
1. The costs of clearing or removing blockages in the Municipal Sewer Connection are assumed to be the responsibility of the owner or occupants of the Property serviced by the Municipal Sewer Connection.
2. If a video inspection of the pipes indicates the blockage resulted from structural defect or damage to the Municipal Sewer Connection, the City will take responsibility for the costs of clearing or removing blockages in the Municipal Sewer Connection.
3. The costs of clearing or removing blockages caused by structural defects or damages within the Private Sewer or in private plumbing system are the owner or occupants of the Property.
## 20.14.5. Blockages caused by the Tree Roots
1. Responsibility for blockages caused by the intrusion of tree roots into sewer pipes shall be governed by the location of the tree root
2. intrusion into the sewer pipes regardless of the source of the roots or the ownership or location of the trees.
2. If the tree roots infiltrate into the Municipal Sewer Connection, the City shall be responsible for all costs of clearing the blockage, inspection and repairs to the Municipal Sewer Connection.
3. If the tree roots infiltrate into the Private Sewer, the owner of the Property upon which the Private Sewer is located shall be responsible for all costs of clearing the blockage, inspection and repairs to the Private Sewer or to the private plumbing system.
## 20.15 Private Residential Swimming Pools or Hot tubs/Spas or Wading pools
## 20.15.1. Definition of "Private Residential"
For the purposes of section 20.15, "Private Residential" means a swimming pool or hot tub/spa or wading pool serving five or fewer single-family residences.
## 20.15.2. Prohibition of any Pool Water Discharge
1. No Person shall discharge or cause or permit the Discharge of Wastewater from a Private Residential swimming pool or hot tub/spa or wading pool to flow over a valley or ravine wall or slope in a manner that may cause the erosion or instability of the valley or ravine wall or slope or causes injury or destruction of trees and vegetation.
2. No Person shall discharge or cause or permit the Discharge of Wastewater from a Private Residential swimming pool or hot tub/spa or wading pool in a manner that may cause the Wastewater to flow onto an adjoining land or Properties.
## 20.15.3. Private Residential Non-Salt Water Swimming Pools or Hot Tubs/Spas or Wading pools
1. No Person shall discharge or cause or permit the Discharge of Wastewater from a Private Residential non-Salt water swimming pool or hot tub/spa or wading pool
- a. into the Storm Sewer, unless otherwise permitted under section 20.15.3(3); or
- b. in a manner other than is permitted under section 20.15.3(2) or section 20.15.3(3).
2. Unless otherwise permitted under section 20.15.3(3), a Person is permitted to discharge Wastewater from a Private Residential non-Salt Water swimming pool or hot tub/spa or wading pool either:
- a. by way of a temporary Connection to the sanitary Drain on the owner's Property; or
- b. by way of a controlled Discharge to the owner's Property such that the Discharge is at all times contained within the owner's Property until it evaporates or infiltrates into the ground.
3. Subject to section 20.15.2, a Person is permitted to discharge Wastewater from a Private Residential non-Salt Water swimming pool or hot tub/spa or wading pool to the Storm Sewer provided that all of the following conditions are met:
- a. There are no algaecides or fungicides in the pool water; and
- b. The pool water is held in the pool for one week after the last dosage of chlorine and the total chlorine concentration (CI) in the Wastewater is at or below 0.01 mg/L; and
- c. The pool water is treated with sodium sulphite (Na2SO3) to achieve at or below 0.01 mg/L of total chlorine concentration (CI); and
- d. The copper concentration (Cu) of the pool water is at or below 0.05 mg/L; and
- e. The pH level of the pool water is in the range of 6 to 9.
## 20.15.4. Private Residential Salt Water Swimming Pools, Hot tubs/spas or Wading Pools
1. No Person shall discharge or cause to permit the Discharge of Wastewater from a Private Residential Salt Water swimming pool or hot tub/spa or wading pool to the Storm Sewer.
2. A Person shall discharge Wastewater from a Private Residential Salt Water swimming pool or hot tub/spa or wading pool to the Sanitary Sewer, either by:
- a. way of a permanent Connection to the sanitary Drain on the owner's Property; or
- b. way of a temporary Connection to the sanitary Drain on the owner's Property.
5. 20.15.5. Notwithstanding section 20.15.3 and 20.15.4, the rainwater resting on a tarp which covers a swimming pool or hot tub/spa or wading pool may be discharged to the Storm Sewer.
6. 20.15.6. Notwithstanding section 20.15.3 and 20.15.4, the backwash water from the swimming pool filter shall be discharged to the Sanitary Sewer or owner's Property in a manner that does not flow on to the street or a neighbouring Property.
## 21. General Prohibition and Liability for Damages
## 21.1 Protection from Damage or Alteration of the Sewage Works
No Person shall uncover, make any Connection with, open into, break, alter, damage, destroy, deface or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering with any part of a Sewage Works, or any permanent or temporary device installed in any part of the Sewage Works, for the purposes of flow measuring, flow control, sampling and testing of Sewage, Uncontaminated Water or Storm Water.
## 21.2 Damage to the Sewage Works
- 21.2.1. No Person shall discharge Sewage, Uncontaminated Water, Storm Water, or other Discharge to the municipal Sewage Works that is not compliant with the provisions of this By-law.
- 21.2.2. Any Person shall be liable for any damages, costs or expenses arising out of their failure to properly check and control such Sewage, Uncontaminated Water Storm Water, or other Discharge, ncluding the costs of investigation, repairing or replacing any part o ny Sewage Works damaged thereby and for any damages or injur to any Person or Property caused by such Discharge.
## 21.3 Unauthorized Entry to Sewage Works
No Person shall enter any Sewage Works unless specifically authorized by the City in writing.
- 21.4 Removal of Maintenance Access Hole Covers No Person shall remove or tamper with, or cause or permit the removal of or tampering with, any Maintenance Access Hole cover or other opening into any Sewage Works unless specifically authorized by the City in writing.
## 22. Fees
- 22.1 Any municipal service fees for the administration and enforcement of this Bylaw shall be in accordance with the Fee By-law.
- 22.2 Additional fees applicable to this By-law, not noted in the Fee By-law, may be imposed by the City from time to time.
## 23. Order to Comply
- 23.1 Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order setting out the particulars of the contravention and requiring immediate compliance with this By-law and/or requiring the Person to do work to correct the contravention of this By-law within the time period specified in the Order.
- 23.2 An Order under this section shall identify:
- 23.2.1. the location of the Property on which the contravention occurred;
- 23.2.2. the reasonable particulars of the contravention of the By-law; and,
- 23.2.3. the date and time by which there must be compliance with the Order; and
- 23.2.4. a statement that if the work is not done in compliance with the Order within a specified time period, the City may have the work done at the expense of the Person.
- 23.3 An Order under this section may be served personally on the Person to whom it is directed to, including but not limited to, the registered owner of the Property or the Person in control or possession of the Property or Discharge. An Order may also be served by regular mail to the last known address of that Person. Service on a corporation is also effected by regular mail to the corporate mailing address as shown on the Corporation Profile Report filed with the Ontario Ministry of Government Services for a Provincial Corporation, or on a Federal Corporate Search for a Federal Corporation, or on the tax roll for the Property. If the Order is delivered by regular mail to the last known address of that Person, it shall be deemed to have been received on the fifth day after it is mailed. An Affidavit of Service shall be admissible in evidence in any proceeding as proof of service of mailing of the Order.
## 24. Power of Entry, Inspection and Enforcement
- 24.1 The City may enter upon any part of a Property or lot at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:
- 24.1.1. The provisions of this By-law;
- 24.1.2. An Order issued under this By-law.
- 24.2 The City's power of entry may be exercised by an employee, Officer or agent of the City, or by a member of the York Regional Police Service, as well as by any Person under his or her direction.
- 24.3 When entering a Property under this By-law, the Person exercising the power of entry:
- 24.3.1. shall provide identification to any Person requesting identification during the course of the entry;
- 24.3.2. may be accompanied by a Person or Persons under his or her direction; and
- 24.3.3. shall not enter or remain in any room or place actually used as a dwelling unless at least one of the conditions set out in section 437 of the Municipal Act is met.
- 24.4 Where an inspection is conducted by the City, the Person conducting the inspection may:
- 24.4.1. require the production for inspection of documents or things relevant to the inspection;
- 24.4.2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
- 24.4.3. require information from any Person concerning a matter related to the inspection including their name, address, phone number and identification; or
- 24.4.4. alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.
## 24.5 Cost Recovery
- 24.5.1. If the work required by an Order under this By-law is not done within the specified period, the City, in addition to all other remedies it may have, may do the work at the Person's expense and may enter upon the Property, at any reasonable time for this purpose.
- 24.5.2. Pursuant to section 446 of the Municipal Act, where the City, its employees or authorized agents have performed work required to bring the Property into compliance with the By-law, all expenses incurred by the City in doing the work as well as any related fees, shall be deemed to be a debt to the City and may be collected by action or the costs may be added to the tax roll for the Property and collected in the same manner as municipal taxes.
## 24.6 Collection of unpaid Fees and Charges
Fees and charges imposed on a Person pursuant to the Fee By-law constitute a debt of the Person to the City. The City may add such unpaid fees and charges imposed by the City to the tax roll for the Property in accordance with the provisions of section 398(2) of the Municipal Act and collect them in the same manner as municipal taxes.
- 24.7 Any fees, charges and administrative costs associated with this By-law are non-refundable and are set out in the Fee By-law.
## 25. Offences
## 25.1 Every Person who:
- 25.1.1. contravenes any of the provisions of this By-law, or
- 25.1.2. fails to comply with an Order issued under this By-law, or
- 25.1.3. fails to comply with any condition of an Order under this By-law; or,
- 25.1.4. obstructs or attempts to obstruct an Officer or an employee or agent of the City in carrying out his or her duties under this By-law,
is guilty of an offence and is liable, upon conviction to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
- 25.2 If there is a contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected.
- 25.3 If an Order has been issued under this By-law, and the Order has not been complied with, the contravention of the Order shall be deemed to be a continuing offence for each day or part of a day that the Order is not complied with.
- 25.4 For the purposes of this By-law, "multiple offences" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law.
- 25.5 For the purposes of this By-law, an offence is a second or subsequent offence if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence.
## 26. Penalties
- 26.1 Pursuant to Section 429 of the Municipal Act, every Person who is guilty of an offence under this By-law shall be subject to the following penalties:
- 26.1.1. Upon a first conviction, to a fine of not less than $300.00 and not more than $100,000.00, except that a special fine may exceed $100,000.00;
- 26.1.2. Upon conviction for a continuing offence, to a fine of not less than $100.00 and not more than $10,000.00 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000.00.
- 26.1.3. Upon a second or subsequent conviction for the same offence, or conviction for a multiple offence, to a fine of not less than $400.00
and not more than $10,000.00. The total of the daily fines may exceed $100,000.00.
- 26.2 Where a Person convicted of an offence is a corporation, the corporation is liable to a fine not less than $500.00 and not exceeding $100,000.00.
- 26.3 Collection of unpaid Fines Pursuant to Subsection 441.1 of the Municipal Act, the City may add any part of a fine for a commission of a provincial offence that is in default under Section 69 of the Provincial Offences Act to the tax roll for any Property of which all of the owners are responsible for paying the fine and collect it in the
same manner as municipal taxes.
- 26.4 Any fees, charges and administrative costs associated with this By-law are non-refundable and are set out in the Fee By-law.
## 27. Administrative Penalties
- 27.1 Instead of laying a charge under the Provincial Offences Act for a breach of any provision of this By-law, an Order, a Work Order, or any other Order issued pursuant to this By-law, an Officer may issue an Administrative Penalty to the Person who has contravened this By-law.
- 27.2 The Officer has the discretion to either proceed by way of an Administrative Penalty or a charge laid under the Provincial Offences Act. If an Administrative Penalty is issued to a Person for the breach, no charge shall be laid against that same Person for the same breach.
- 27.3 The amount of the Administrative Penalty for a breach of a provision of this By-law, a Work Order or Order issued under this By-law is fixed as set out in the AMPS By-law for Non-Parking Offences.
- 27.4 A Person who is issued an Administrative Penalty shall be subject to the procedures as provided for in the AMPS By-law for Non-Parking Offences.
27.5 Collection of unpaid Administrative Penalties An Administrative Penalty imposed on a Person pursuant to this By-law that is not paid within fifteen (15) calendar days after the day it becomes due and payable, constitutes a debt of the Person to the City and may be added to the tax roll for the Property and collected in the same manner as municipal taxes.
- 27.6 Any fees, charges and administrative costs associated with this By-law are non-refundable and are set out in the Fee By-law.
## 28. Limitation
- 28.1 Nothing in this By-law shall be so construed as to permit anything, which by the provisions of any applicable act, regulation or bylaw is otherwise prohibited.
- 28.2 This By-law shall not apply to discharges, activities or matters undertaken by the Regional Municipality of York or the City.
- 28.3 Nothing in this By-law shall be deemed to be contrary to the Regional Municipality of York's Sewer Use By-law.
## 29. Severability and Interpretation
- 29.1 Notwithstanding any section or sections of this By-law, or any part or parts thereof, may be found by a court of competent jurisdiction to be invalid or
beyond the power of the Council to enact, such section or sections or part or parts thereof shall be deemed to be severable, and all other sections of this Bylaw, or parts thereof, are separate and independent there from and shall continue to be enforceable.
- 29.2 The provisions of the Legislation Act 2006, R.S.O. 2006, c. 21, Sch. F, shall apply to this By-law.
## 30. Schedules
- 30.1 Schedule "A" forms part of this By-law.
31. Repeal
- 31.1 By-law 2014-71, as amended, is hereby repealed.
32. Short Title
- 32.1 This By-law shall be known as the Sewer Use By-law.
## 33. Force and Effect
- 33.1 This By-law shall come into force and effect upon the date it is passed by Council.
Read a first, second, and third time and passed on November 1, 2023
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*imberley Kitteringham City Clerk
Frank Scarpitti Mayor
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SCHEDULE "A" Table 1 - Limits for Sanitary Sewer Discharge
| Type of Parameter | Parameter | Limit |
|---------------------|------------------------------------|-----------------|
| Conventional | pH | >=6.0 to =<10.5 |
| | Temperature | =60 °C |
| | Biochemical Oxygen Demand (BOD) | 300 mg/l |
| | Total Kjeldahl Nitrogen | 100 mg/L |
| | Oil & Grease (Mineral & Synthetic) | 15 mg/ll |
| | Oil & Grease (Animal & Vegetable) | 150 mg/L |
| | Phenolics (4AAP) | 1 mg/L |
| | Phosphorous (Total) | 10 mg/L |
| | Suspended Solids (Total) | 350 mg/L |
| Other | Cyanide (Total) | 2 mg/L |
| | Fluoride | 10 mg/L |
| | Sulphate | 1500 mg/L |
| Metals | Aluminum (Total) | 50 mg/L |
| | Antimony (Total) | 5 mg/L |
| | Arsenic (Total) | 1 mg/L |
| | Cadmium (Total) | 0.7 mg/L |
| | Chromium (Total) | 2 mg/L |
| | Cobalt (Total) | 5 mg/L |
| | Copper (Total) | 3 mg/L |
| | Lead (Total) | 1 mg/L |
| | Manganese (Total) | 5 mg/L |
| | Mercury (Total) | 0.01 mg/L |
| | Molybdenum (Total) | 5 mg/Ll |
| | Nickel (Total) | 2 mg/L |
| | Selenium (Total) | 1 mg/l |
| | Silver (Total) | 5 mg/L |
| | Tin (Total) | 5 mg/L |
| | Titanium (Total) | 5 mg/L |
| | Zinc (Total) | 2 mg/L |
| Organics | Benzene | 10 ug/L |
| | Chloroform | 40 ug/L |
| | 1,2 -dichlorobenzene | 50 ug/L |
| | 1,4-dichlorobenzene | 80 Mg/L |
| | Cis-1,2 -dichloroethylene | 4,000 ug/L |
| | Trans- 1,3 - dichloropropylene | 140 ug/L |
| | Ethylbenzene | 160 ug/L |
| | Methylene chloride | 2,000 ug/L |
| 1,1,2,2 - tetrachloroethane | 1,400 ug/L |
|-------------------------------|--------------|
| Tetrachloroethylene | 1,000 ug/L |
| Toluene | 270 ug/L |
| Trichloroethylene | 400 ug/L |
| Xylenes (Total) | 1,400 ug/L |
| Di-n-butyl phthalate | 80 ug/L |
| Bis (2-ethylhexyl) phthalate | 12 4g/L |
| PCBS | 1 4g/L |
| Methyl Ethyl Ketone | 8000 ug/l |
| Styrene | 200 ug/L |
| Nonylphenols | 20 ug/L |
| Nonylphenol ethoxylates | 200 ug/L |
Table 2 - Limits for Storm Sewer Discharge
| Type of Parameter | Parameter | Limit |
|---------------------|---------------------------------|----------------|
| Conventional | pH | >=6.0 to = 9.0 |
| | Temperature | =<40 °C |
| | Biochemical Oxygen Demand (BOD) | 15 mg/L |
| | Total Kjeldahl Nitrogen | 1 mg/L |
| | Phenolics (4AAP) | 0.008 mg/L |
| | Phosphorous (Total) | 0.400 mg/L |
| | Suspended Solids (Total) | 15 mg/L |
| | Cyanide (Total) | 0.020 mg/L |
| Metals | Arsenic (Total) | 0.020 mg/L |
| | Cadmium (Total) | 0.008 mg/L |
| | Chromium (Total) | 0.080 mg/L |
| | Copper (Total) | 0.050 mg/L |
| | Lead (Total) | 0.120 mg/L |
| | Manganese (Total) | 0.150 mg/L |
| | Mercury (Total) | 0.0004 mg/L |
| | Nickel (Total) | 0.080 mg/L |
| | Selenium (Total) | 0.020 mg/L |
| | Silver (Total) | 0.120 mg/L |
| | Zinc (Total) | 0.040 mg/L |
| Organics | Benzene | 2.0 ug/L |
| | Chloroform | 2.0 ug/L |
| | 1,2 -dichlorobenzene | 5.6 ug/L |
| | 1,4-dichlorobenzene | 6.8 ug/L |
| | Cis-1,2-dichloroethylene | 5.6 ug/L |
| | Trans- 1,3 - dichloropropylene | 5.6 ug/L |
| | Ethylbenzene | 2.0 ug/L |
| | Methylene chloride | 5.2 ug/L |
| | 1,1,2,2 - tetrachloroethane | 17.0 ug/L |
| | Tetrachloroethylene | 4.4 4g/L |
| | Toluene | 2.0 ug/L |
| | Trichloroethylene | 8.0 pg/L |
| | Xylenes (Total) | 4.4 ug/L |
| | Di-n-butyl phthalate | 15.0 ug/L |
| | Bis (2-ethylhexyl) phthalate | 8.8 ug/L |
| | PCBs | 0.4 ug/L |