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Page 1 of 20 By-law 095-2022
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 095-2022
BEING A BY-LAW TO REGULATE THE USE OF MUNICIPAL STORMWATER
INFRASTRUCTURE IN THE TOWN OF MILTON
WHEREAS pursuant to s. 4, item 4.e of the Table in s. 11 of the Municipal Act, 2001,
S.O. 2001, c. 25, as amended, the collection of stormwater and other drainage from
land is assigned to all upper-tier municipalities non-exclusively;
AND WHEREAS pursuant to s. 30(1) of the Ontario Water Resources Act, R.S.O. 1990,
c. 0.40, every person that discharges or causes or permits the discharge of any material
of any kind into or in any waters or on any shore or bank thereof or into or in any place
that may impair the quality of the water of any waters is guilty of an offence;
AND WHEREAS the Council of the Corporation of the Town of Milton deems it
desirable to pass a by-law to regulate the use of municipal stormwater infrastructure in
order to:
protect the Town's stormwater collection system from undue deterioration,
damage and obstruction;
protect the public, workers and properties from hazardous materials and
dangerous conditions; and,
protect the natural environment from deleterious substances;
NOW, THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MILTON ENACTS AS FOLLOWS:
Short Title
Stormwater Management (SWM) Bylaw.
1. Definitions
1.1
In this by-law the following words are defined as follows:
(1)
"acute hazardous waste chemical" means a material which is an
acute hazardous waste chemical within the meaning of Ontario Regulation
347;
(2)
"adverse effect" shall have the same meaning as in the
Environmental Protection Act, R.S.O. 1990, c. E.19;
Page 2 of 20 By-law 095-2022
(3)
"animate products of biotechnology" means a living organism
created through the practice of biotechnology, and includes material which
has been genetically modified using techniques that permit the direct
transfer or removal of genes in that organism;
(4)
"appurtenance" means an accessory item that may or may not be
essential to be added to a piece of equipment to ensure its proper
function;
(5)
"authorized representative of the Town" means any Town employee
or representative designated by the Town to act on behalf of the Town for
the purposes of this By-law;
(6)
"biomedical waste" means biomedical waste as defined in the
Ontario Ministry of Energy and the Environment Guideline C-4 entitled
"The Management of Biomedical Waste in Ontario" dated April 1994, as
amended;
(7)
"blowdown water" means recirculating water that is discharged from
a cooling or heating water system for the purpose of controlling the level of
water in the system or for the purpose of discharging from the system
materials contained in the system, the further build-up of which would or
might impair the operation of the system;
(8)
"carpet cleaner waste" means a combination of liquid and solid
wastes, generated by carpet or furniture cleaning, that are collected in a
mobile holding tank or are discharged to a sewer;
(9)
"catch basin" means a buried receptacle designed to prevent
obstructive material from entering and blocking the sewer and diverts
overland water flows into a sewer system. For clarity, a catch basin may
be located on public property or on private property within an easement,
including within the rear or side yard of a residential property;
(10)
"combustible liquid" means a liquid that has a flash point not less
than 37.8 degrees Celsius and not greater than 93.3 degrees Celsius;
(11)
"connection" or "drain" means that part or those parts of any pipe or
system of pipes leading directly to the stormwater collection system;
(12)
"Consolidated Linear Infrastructure Environmental Compliance
Approval" or "CLI-ECA" means an approval granted by the MECP for a
system wide sewage works discharge;
Page 3 of 20 By-law 095-2022
(13)
"corporation" includes a company, corporation, cooperative,
partnership, firm, sole proprietorship, association, society, organization or
any other legal entity that is not an individual;
(14)
"Director" includes the Director of Development Engineering and
the Director of Infrastructure for the Town and shall include any successor
positions thereto as well as any person authorized by said Directors to
carry out any of their powers or duties pursuant to this by-law;
(15)
"discharge" when used alone as a verb, includes add, deposit,
release or emit and, when used alone as a noun, includes an addition,
deposit, release or emission;
(16)
"domestic waste" means any debris, rubbish, refuse, sewage,
effluent, discard or garbage of any type arising from a residence belonging
to, or associated with a house or use of a house, or residential property,
including, but not limited to, garbage, discarded material or things, broken
or dismantled things, and materials or things exposed to the elements,
deteriorating or decaying on a property due to exposure to the weather;
(17)
"Environmental Compliance Approval" means an approval granted
by the MECP for individual sewage works discharge;
(18)
"fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any
other ignitable substance intended for use as a fuel;
(19)
"groundwater" means water beneath the earth's surface
accumulating as a result of seepage;
(20)
"Halton Region" means the Regional Municipality of Halton;
(21)
"hauled sewage" means waste removed from a sewage system,
including a cesspool, a septic tank system, a privy vault or privy pit, a
chemical toilet, a portable toilet, or a sewage holding tank but does not
include sludge removed from wastewater treatment plants;
(22)
"hauled liquid waste" means sewage that is suitable for treatment in
a sewage works and is transported to a sewage works for disposal and
includes hauled sewage;
(23)
"hazardous industrial waste" means a material which is a
hazardous industrial waste within the meaning of Ontario Regulation 347;
(24)
"hazardous waste chemical" means a material which is a
hazardous waste chemical within the meaning of Ontario Regulation 347;
Page 4 of 20 By-law 095-2022
(25)
"individual" means a natural person;
(26)
"ignitable waste" means a material which,
(a) is a liquid, other than an aqueous solution containing less than 24
per cent alcohol by volume and has a flash point less than 93 degrees
Celsius, as determined by the Tag Closed Cup Tester (ASTM D-56-
97a), the Setaflash Closed Cup Tester (ASTM D-3828-97 or ASTM D-
3278-96e1), the Pensky-martens Closed Cup Tester (ASTM D-93-97),
or as determined by an equivalent test method;
(b) is a solid and is capable, under standard temperature and pressure,
of causing fire through friction, absorption of moisture or spontaneous
chemical changes and, when ignited, burns so vigorously and
persistently that it creates a danger;
(c) is an ignitable compressed gas (Class 2, Division D) as defined in
the regulations made under the Transportation of Dangerous Goods
Act, 1992 (S.C. 1992, c. 34);
(d) is an oxidizing substance (Class 5, Divisions 1 and 2) as defined in
the regulations made under Transportation of Dangerous Goods Act,
1992 (S.C. 1992, c. 34);
(27)
"industrial" means of or pertaining to industry, manufacturing,
commerce, trade, business or institutions as distinguished from domestic
or residential;
(28)
"inspector" means a person authorized by the Town to carry out
observations and inspections as prescribed by this By-law;
(29)
"matter" includes any solid, liquid or gas;
(30)
"MECP" means the Ministry of the Environment, Conservation and
Parks;
(31)
"oil and grit interceptor" or "OGS" means an underground device
that captures oils and sediments from stormwater runoff and snowmelt;
(32)
"owner" means any person who is the registered or beneficial
owner of a property or who leases, rents, occupies, manages, receives
rent from or otherwise controls a property;
(33)
"pathological waste" means a material which is a pathological
waste within the meaning of Regulation 347 or any material which may be
designated in writing by the Chief Medical Officer of Health;
Page 5 of 20 By-law 095-2022
(34)
"PCBs" means any monochlorinated or poly-chlorinated biphenyl or
any mixture of these or mixture that contains one or more of them;
(35)
"person" includes a natural person and a company, corporation,
cooperative, partnership, firm, sole proprietorship, trust, association,
society, organization or other legal entity;
(36)
"pesticides" means a pesticide regulated under the Pesticides Act,
R.S.O. 1990, c. P.11, as amended or any successor legislation thereto;
(37)
"pH" means the logarithm to the base 10 of the reciprocal of the
concentration of hydrogen ions in moles per litre of solution;
(38)
"prohibited discharge" means any discharge prohibited under
section 3.1 of this by-law;
(39)
"Town" means the Corporation of the Town of Milton;
(40)
"severely toxic waste" means waste containing any contaminant
listed in Schedule 3 of Regulation 347;
(41)
"sewage" means any liquid waste containing animal, vegetable,
chemical or mineral matter in solution or in suspension, but does not
include stormwater or uncontaminated water;
(42)
"sludge" means wastewater containing more than 0.5% total solids,
but does not include material which has been pumped out of a septic tank;
(43)
"spill" means a direct or indirect discharge or deposit to the
stormwater collection system or the natural environment which is
abnormal in quantity or quality in light of all circumstances of the
discharge;
(44)
"storm sewer" means pipes used for the collection and transmission
of stormwater, drainage from land or from a watercourse of any
combination thereof that is owned, operated or maintained by the Town or
over which the Town holds easement rights;
(45)
"storm sewer lateral" means the underground storm drainage piping
that has been extended from the storm water collection system to a
private property;
(46)
"stormwater" means water from rainfall, other natural precipitation,
drainage or from the melting of snow or ice;
Page 6 of 20 By-law 095-2022
(47)
"stormwater collection system" any works for the collection,
transmission, storage, treatment or disposal of stormwater or runoff,
including storm sewers, storm sewer laterals, OGS, stormwater
management facilities or ponds (including Mill Pond), stormwater
conveyance channels, culverts, catch basis, water courses, drainage
piping, or other appurtenances, that are owned, operated or maintained by
the Town or over which the Town holds easement rights;
(48)
"stormwater conveyance channel" means an open channel, swale
or ditch designed and built for the conveyance of stormwater;
(49)
"stormwater management system" means a stormwater disposal
system that has been professionally designed, constructed and
maintained such that the rate of run-off from specific blocks of land or lots
is controlled to discharge into a municipal storm drainage facility at a
reduced flow rate;
(50)
"User Fee By-Law" means the Town by-law or by-laws setting out
fees for use of Town services and other matters, as amended; and
(51)
"waste disposal site leachate" means leachate, namely liquid
containing dissolved or suspended contaminants which emanates from
waste and is produced by water percolating through waste or by liquid in
waste, from any waste disposal site.
2. Interpretation
2.1
Nothing in this by-law shall be interpreted so as to permit the discharge of
anything, which by the provision of any applicable Act, regulation or by-law is
otherwise prohibited.
3. General Prohibitions
3.1
No person shall directly or indirectly discharge or cause or permit the
discharge or deposit of a substance of any type or at any temperature or in
any quantity other than stormwater into the stormwater collection system
where any of the following apply:
(1)
to do so may cause or result in:
(a)
damage any part of the stormwater collection system;
(b)
interfere with the operation of any part of the stormwater
collection system;
Page 7 of 20 By-law 095-2022
(c)
obstruct, partially obstruct, restrict or partially restrict any
part of the stormwater collection system or the flow therein;
(d)
a health or safety hazard or other adverse effect to any
person, animal, property, vegetation or the natural environment;
(e)
impair the quality of the water in any well, lake, river, pond,
spring, stream, acquifer, wetland, reservoir or other watercourse;
(f)
contravene any approval issued under the Ontario Water
Resources Act, R.S.O. 1990, c. 0.40, or the Environmental
Protection Act (Ontario), R.S.O. 1990, c. E.19, as amended,; or
(g)
contravene the Fisheries Act, R.S.C. 1985, c.F.14,;
(2)
the substance has one or more of the following characteristics:
(a)
two or more separate liquid layers;
(b)
visible film, sheen, foam or discolouration;
(c)
two or more separate layers;
(d)
a temperature greater than 40 degrees Celsius; or
(e)
a pH less than 6.0 or greater than 9.0;
(3)
where water has been added to the substance or source of the
discharge for the purposes of dilution; or
(4)
the substance contains one or more of the following:
(a)
acute hazardous waste chemicals;
(b)
animate products of biotechnology;
(c)
biomedical waste;
(d)
blowdown water;
(e)
carpet cleaner waste;
(f)
combustible liquids;
(g)
concrete mixtures;
(h)
domestic waste;
Page 8 of 20 By-law 095-2022
(i)
dyes or colouring materials, except where the dye is used by
the Town, or an agent working on behalf of the Town, as a tracer;
(j)
floating debris;
(k)
fuel;
(l)
hauled sewage;
(m)
hauled liquid waste;
(n)
hazardous industrial waste;
(o)
hazardous waste chemicals;
(p)
ignitable waste;
(q)
material discharged from a groundwater remediation system;
(r)
motor oil;
(s)
nuclear waste;
(t)
organic solvents;
(u)
paint;
(v)
pathological waste;
(w)
PCBs;
(x)
pesticides;
(y)
reactive waste;
(z)
severely toxic waste;
(aa)
sewage;
(bb)
sludge;
(cc)
solvent extractable matter of animal, vegetable origin,
mineral or synthetic origin;
(dd)
waste disposal site leachate;
(ee)
waste water from an industrial operation;
Page 9 of 20 By-law 095-2022
(ff)
a substance from raw materials, intermediate or final
product, used or produced in, through or from an industrial process;
(gg)
a substance used in the operation or maintenance of an
industrial site;
(hh)
contaminants from the raw materials, intermediate or final
products or wastewater from an industrial operation; or
(ii)
E.coli colonies in excess of 200 per 100ml.
3.2
Without limiting the generality of section 3.1, every owner, or person undertaking
work on a property shall undertake all necessary measures to prevent the
following from resulting in a prohibited discharge:
(1)
erosion or sediment runoff from a property;
(2)
outside storage activities; or
(3)
the placement of any substance on a property that may result in a
direct or indirect discharge to the stormwater system;
(4)
the discharge of any substance on a property that may result in a
direct or indirect discharge to the stormwater system.
3.3
No person shall directly or indirectly obstruct any part of the stormwater collection
system.
3.4
No part of a stormwater management system shall be constructed and no
connection shall be made to the stormwater collection system:
(1)
until all applicable approvals by the Town and any other approving
bodies required (including but not limited to Region of Halton,
Conservation Halton, the MECP) have been issued; and
(2)
except in accordance with the plans and conditions of approval of
the Town and other approving bodies.
3.5
No person shall construct or permit the construction of any structure or
landscaping which will impede the flow of stormwater to the stormwater collection
system or any part thereto.
3.6
No person may alter, remove or obstruct a catch basin or stormwater
conveyance channel that is on private lands if the catch basin or stormwater
conveyance channel is subject to an easement, or depicted in a plan of
subdivision or site plan under the Planning Act, R.S.O. 1990, c. P.13, as
amended.
Page 10 of 20 By-law 095-2022
3.7
No unauthorized person shall break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance, equipment or thing which is part of the
stormwater collection system.
3.8
No person may enter a storm sewer without the express authorization of the
Town.
3.9
No person may use a public or private stormwater management facility or pond
for skating, swimming, fishing, wading, bathing or any other recreational use.
3.10 All private stormwater management facilities or ponds shall have signage as
identified within the Town of Milton's Engineering and Parks Standards Manual
as amended, identifying prohibited uses and emergency information at each
pond. Signage shall be maintained in general good condition and legible.
3.11 No person shall provide false or misleading information to the Town or any
employee or agent of the Town in respect of any matter subject to this by-law
4. Additional Requirements
4.1
Every owner or operator of a restaurant or other industrial, commercial or
institutional premises where food is cooked, processed or prepared, shall take all
necessary measures to ensure that oil, grease and sediment are prevented from
entering the stormwater collection system, including without limitation installing
an OGS in any piping system on its premises that connects directly or indirectly
to the stormwater collection system.
4.2
Every owner or operator of a motor vehicle service station, repair shop, car wash
or garage or of an industrial, commercial or institutional premises where motor
vehicles are repaired, lubricated, maintained or cleaned shall take all necessary
measures to ensure that oil, grease, soap, sediment or any other substances are
prevented from entering the stormwater collection system, including without
limitation installing an OGS designed to prevent motor oil, lubricating grease,
soap, sediment or any other substance from directly or indirectly entering a
stormwater collection system.
4.3
Every owner or operator of a premises from which sediment may directly or
indirectly enter a sewer, including but not limited to premises using ramp or area
drains and car and vehicle wash establishments, shall take all necessary
measures to ensure that such sediment is prevented from entering the drain or
stormwater collection system including without limitation an OGS designed to
prevent sediment from directly or indirectly entering the stormwater collection
system.
4.4
Every owner or operator required to install an OGS shall ensure:
Page 11 of 20 By-law 095-2022
(1)
every OGS is installed in compliance with the requirements of the
Ontario Building Code, 1992, S.O. 1992, c. 23 as amended;
(2)
every OGS is operated and properly maintained in good working
according to the manufacturer's recommendations;
(3)
establish a regular maintenance schedule for each OGS;
(4)
keep a record of all maintenance for the lifetime of the OGS,
including proof of interceptor clean-out and oil and grease disposal
location; and
(5)
provide all required documentation to the Town for review upon
request.
5. Spill Notification and Prevention
5.1
In the event of a spill that has entered or has the potential to enter any part of the
stormwater collection system, the person responsible and the person having
charge, management and control of the spill shall immediately notify the Director
and provide any information with regard to the spill that is requested.
5.2
The person responsible for the spill into the stormwater collection system and the
person having charge, management and control of the spill shall do everything
reasonably possible to contain the spill, minimize damage to property, protect the
environment, clean up the spill and contaminated residue and restore the
affected areas to its condition prior to the spill.
5.3
For any spill for which the person is required to forthwith notify the Director, the
notification shall include the following information:
(1)
the location where spill occurred;
(2)
name and telephone number of person who reported the spill and
the location
(3)
and time where that person can be contacted;
(4)
date and time of spill;
(5)
material spilled;
(6)
characteristics of material spilled;
(7)
volume of material spilled;
Page 12 of 20 By-law 095-2022
(8)
work completed and/or still in progress in the mitigation of the spill;
and
(9)
whether the spill was reported to the MECP, the Region of Halton
and any other agency and, if so, the date and time such report was made.
5.4
The person shall provide a detailed report on the spill to the Director within five
(5) days after the spill, containing the following information to the best of the
person's knowledge:
(1)
location where spill occurred;
(2)
name and telephone number of person who reported the spill;
(3)
date and time of spill;
(4)
material spilled;
(5)
characteristics of material spilled;
(6)
volume of material spilled;
(7)
duration of spill event;
(8)
work completed and/or still in progress in the mitigation of the spill;
and
(9)
preventative actions being taken to ensure the situation does not
occur again.
5.5
Upon receipt of the detailed report specified in section 5.4, the Director may
require a further more detailed submission by the responsible person outlining
preventative actions being undertaken which, at the sole discretion of the
Director, may require the development of a spills response plan which must be
updated on an as needed basis and copies submitted to the Director within thirty
(30) days of the spill.
5.6
Spills procedures shall be carried out in accordance with the Environmental
Protection Act, R.S.O. 1990, c. E.19 MECP spills response protocols and
guidelines and applicable Halton Region By-laws regarding wastewater and
spills, as may be amended from time
6. Permitting
6.1
No person may alter, modify, add to, optimize or expand any part of the Town's
stormwater collection system that is subject to an CLI-ECA except in accordance
with a permit issued by the Director;
Page 13 of 20 By-law 095-2022
6.2
Any person applying for a permit to alter, modify, add to, optimize or expand any
part of the Town's stormwater collection system that is subject to an CLI-ECA
shall:
(1) complete an application in a form prescribed the Director,
(2) provide all information, drawings, designs, reports, calculations or
other documents as are required by the Director in order to comply
with the requirements of the Town's CLI-ECA as well as the Ontario
Water Resources Act, R.S.O. 1990, c. O.40 and the Environmental
Assessment Act, R.S.O. 1990, c. E.18 - Ontario.ca and their
respective regulations;
(3) shall pay such fees as are prescribed by the User Fee Bylaw;
(4) if the Director deems it necessary to retain a third party consultant to
review the application, shall pay in advance the estimated costs of the
consultant.
6.3
Upon review of a complete application in accordance with section 6.2 of this by-
law, the Director may, after considering whether the application complies with the
Town's CLI-ECA as well as any applicable requirements of the Ontario Water
Resources Act, R.S.O. 1990, c. O.40 and the Environmental Assessment Act,
R.S.O. 1990, c. E.18 - Ontario.ca and their respective regulations:
(1) approve the proposed works;
(2) deny the proposed works; or
(3) approve the proposed works subject to conditions.
6.4
Where a permit has been issued under this by-law authorizing site alteration on
lands, no person shall undertake the site alteration except in accordance with:
(1) the plans, documents and any other information required for the
issuing of the permit;
(2) the terms and conditions of the permit; and
(3) all other provisions of this by-law.
6.5
The Director may revoke or amend the permit for any of the following reasons:
(1) it was obtained on mistaken, false or incorrect information;
Page 14 of 20 By-law 095-2022
(2) it was issued in error or the Director otherwise learns of new
information that if known prior to issuance would have impacted the
issuance of the permit;
(3) the terms of a permit under this by-law have not been complied with;
(4) work authorized under the permit has not been commenced prior to its
expiry date; or
(5) the owner has failed to comply with the provisions of this by-law.
7. Inspection
7.1
For the purpose of ensuring compliance with this by-law, the Director, or a Town
Municipal Law Enforcement Officer, may, at all reasonable times, enter upon and
inspect any land, including without limitation private property, to determine
whether or not the following are being complied with:
(1)
this by-law;
(2)
an order made under this by-law;
(3)
a permit issued under this by-law or
(4)
a prohibition order made under s. 431 of the Municipal Act, S.O.
2001, c.25, as amended;
7.2
The Director, or a Town Municipal Law Enforcement Officer may, for the
purposes of the inspection under section 7.1:
(1)
require the production for inspection of documents or things
relevant to the inspection;
(2)
inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(3)
require information in writing or otherwise concerning a matter
related to the inspection; or
(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.
7.3
Any cost incurred by the Town in exercising its authority to inspect, including but
not limited to the cost of any examination, test, sample or photograph necessary
for the purposes of the inspection, shall be paid by the owner of the property
Page 15 of 20 By-law 095-2022
where the inspection takes place and may be added to the tax roll in accordance
with section 8.11(2).
7.4
The Director, a or a Town Municipal Law Enforcement Officer may undertake an
inspection pursuant to an order issued by a provincial judge or justice of the
peace under section 438 of the Municipal Act, S.O. 2001, c.25, as amended
where he or she has been prevented or is likely to be prevented from carrying out
an inspection under section 7.1 of this by-law.
7.5
No person shall hinder or obstruct, or attempt to hinder or obstruct, the Director,
or a Municipal Law Enforcement Officer, from carrying out inspections of property
to ensure compliance with this By-law.
8. Orders and Notices
8.1
The Director, and Town Municipal Law Enforcement Officers shall have all
powers necessary to carry out the enforcement of this by-law, including without
limitation, issuing orders. For clarity, where this by-law provides that the Town
may take any action or do anything:
(1)
the action or thing may be taken or done at the direction of either
the Director, a or a Town Municipal Law Enforcement Officer or, unless
this by-law specifies otherwise;
(2)
the Director, a or a Town Municipal Law Enforcement Officer may,
unless this by-law or its schedules specifies otherwise, enlist such forces
as deemed appropriate to undertake that action or thing, including third
party contractors, agents or suppliers of goods and services.
8.2
Where, the Town has reason to believe that a discharge is occurring that is
prohibited under this by-law, the Town may without notice and without limitation
to any other Town power under this by-law:
(1)
disconnect or block any connection to the Town stormwater
collection system carrying the prohibited discharge until such time as
measures satisfactory to the Town are undertaken to eliminate the
prohibited discharge; or
(2)
undertake any remedial or corrective action it deems necessary
within the confines of the stormwater collections system or any Town road
allowance, easement or property.
8.3
Where the Town proceeds to disconnect or block a connection under section 8.2
of this by-law without notice, the Town shall provide notice to the owner of the
land subject to the disconnection as soon as reasonably practicable.
Page 16 of 20 By-law 095-2022
8.4
Where the Town has reason to believe that any person is or will be in
contravention of this by-law, or any term or condition of a permit, the Town may
issue a stop order directing the activities cease immediately upon service of the
order on the person or persons listed in the order. Without limiting the generality
of the forgoing, a stop order may require that:
(1)
an activity cease;
(2)
direct person(s) to leave an area; or
(3)
require person(s) to remove equipment or any other thing relating
to a prohibited activity.
8.5
Where the Town has reason to believe that any person is in contravention of this
by-law, or any term or condition of a permit, the Town, may issue a work order
directing the person or persons to take such actions as are deemed necessary to
comply with this by-law within such time as is set out in the order, including
without limitation:
(1)
study of stormwater quantity and/or quality;
(2)
modification and/or construction of stormwater facilities;
(3)
adoption and implementation of pollution prevention techniques and
measures;
(4)
removal and/or disposition of anything that has been deposited,
thrown, stored, placed or allowed to accumulate leading to discharges
contrary to any provision of this by-law, including without restricting the
generality of the forgoing, any fill, waste or litter; or
(5)
any other action or work required to correct the contravention.
8.6
Where the Town has reason to believe that a contravention of this by-law that
may result in the issuing of a work order, poses an imminent risk to public health
or safety, the work order may provide that the actions set out therein be taken
immediately.
8.7
An order shall contain:
(1)
the municipal address and legal description of the land;
(2)
reasonable particulars of the contravention(s); and
(3)
the time frame in which the work or actions contained in the order
must be carried out.
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8.8
Any person to whom an order is issued pursuant to this by-law shall comply with
the terms of such order.
8.9
No person who has notice or is aware of an order issued pursuant to this by-law
shall assist in any way in the violation of the terms of an order regardless of
whether said person is named in the order.
8.10 Where the person or persons to whom a work order is issued fails to perform the
work required by the order within the time stipulated in the order, the Town, in
addition to all other remedies it may have, may without further notice perform
such work as it deems appropriate.
8.11 Where the Town undertakes any removal, repair, disconnection, remedial work,
alteration, corrective action or other work pursuant to sections 8.2, 8.4, 8.5, 8.6
and 8.10:
(1)
anything removed may be destroyed or disposed of without notice
or compensation to any person; and
(2)
the owner(s) of the land subject to the order or Town action under
sections 8.2, 8.4, 8.5, 8.6 and 8.10, shall be responsible for all costs of
the Town incurred in the exercise of the powers thereunder, including
administrative costs and interest. Such costs, as determined by the
Director, shall constitute a charge under the Municipal Act, 2001, S.O.
2001, c. 25 as amended, and may be added to the tax roll of property held
by the owner in the manner provided for therein.
8.12 An order, or any notice or document under this by-law may be served by the
Town by any of the following means:
(1)
delivered personally;
(2)
posted on the subject lands;
(3)
emailed to the last known email address of the person to whom the
order is directed;
(4)
deposited in the mailbox or mail slot of the person to whom the
order is directed;
(5)
sent by prepaid regular mail to the last known address of the
person to whom the order is directed or
(6)
sent by registered mail to the last known address of the person to
whom the order is directed.
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8.13 Where service is effected by:
(1)
regular mail, it shall be deemed to be made on the fifth (5th) day
after the date of mailing;
(2)
registered mail, it shall be deemed to be made on the second (2nd)
day after the date of mailing;
(3)
any other means, it shall be deemed effective on the day the
document served was delivered, posted, emailed or deposited; or
(4)
service by multiple means, it shall be deemed effective on earliest
applicable date set out in this section.
8.14 Where an order is posted on the subject lands, no person may remove the order
without the written authorization of the Director.
8.15 Where anything has been deposited, thrown, stored, placed or allowed to
accumulate on or within stormwater infrastructure contrary to any provision of this
By-law and without previous consent of the Town, the item or items may be
removed without notice to any person.
9. Offences
9.1
Every person who contravenes any provision of this by-law, a permit or permit
condition issued under this by-law or an order issued pursuant to this by-law is
guilty of an offence as provided for in the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended and the Municipal Act, 2001, S.O. 2001, c. 25. Where a
contravention of a provision of this by-law or an order is committed on or
continues for more than one day, the person who commits the contravention is
liable to be convicted for a separate offence for each day on which it is
committed or continued. For clarity:
(1)
in the case of an order, where a failure to comply continues, every
day or part of a day past the compliance date set out in the order is a
separate offence; and
(2)
in the case of a discharge prohibited under this by-law, every day or
part of a day in which a discharge occurs or continues is a separate
offence.
9.2
If a corporation commits an offence under subsection 9.1, a director, officer,
employee or agent of the corporation who directed, authorized, allowed,
assented to, acquiesced in or failed to take all reasonable care to prevent the
commission of the offence, or who participated in the commission of the offence,
is also guilty of the offence, whether the corporation has been prosecuted for the
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offence or not. The onus for demonstrating that all reasonable care was taken to
prevent the commission of the offence shall be on the director, officer, employee
or agent of the corporation as the case may be.
9.3
A person convicted under Part I of the of the Provincial Offences Act, R.S.O.
1990, c. P.33, is liable to a fine in accordance with the Act of not less $500 and
no more than $1,000.
9.4
Every individual convicted under Part III of the Provincial Offences Act, R.S.O.
1990, c. P.33, is liable to a fine of not less than $500 and not more than $25,000
in accordance with section 429 of the Municipal Act, 2001, S.O. 2001, c. 25.
9.5
Every corporation convicted under Part III of the Provincial Offences Act, R.S.O.
1990, c. P.33, is liable to a fine of not less than $500 and not more than
$100,000 in accordance with section 429 of the Municipal Act, 2001, S.O. 2001,
c. 25.
9.6
Despite sections 9.4 and 9.5, an individual or corporation convicted of a
continuing offense is liable to a fine, in accordance with section 429 of the
Municipal Act, 2001, S.O. 2001, c. 25., of no less than ($500) and no more than
Ten Thousand Dollars ($10,000) for each day or part of a day on which the
offence occurs or continues, but the total of all daily fines is not subject to a limit.
9.7
Where a conviction is entered for contravention of the by-law, in addition to any
other remedy or any penalty provided by law, the court in which the conviction
has been entered, and any court of competent jurisdiction thereafter, may make
an order:
(1)
prohibiting the continuation or repetition of the offence by the
person convicted; and
(2)
requiring the person convicted to correct the contravention in the
manner and within the period that the court considers appropriate,
including without restriction
10. Severability
10.1 This by-law shall be interpreted as being remedial and shall be given such fair,
large and liberal interpretation as best ensures the attainment of its objects. In
the event of an ambiguity, the ambiguity shall be resolved in favour or the
interpretation that best accords with the objects of this by-law as set out in the
Preamble hereto.
10.2 In the event that any provision or part of a provision in this by-law is found to be
invalid or unenforceable for any reason whatsoever, then:
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(1)
if the provision or part of a provision in this by-law is capable of
being read down so as to be rendered valid or enforceable, it shall be read
down accordingly; or
(2)
in the event the provision or part of a provision in this by-law is not
capable of being read down, the particular provision or part of a provision
in this by-law or part thereof shall be deemed to be severed from the
remainder of the by-law and all other provisions or parts thereof shall
remain in full force and effect and shall be valid and enforceable to the
fullest extent permitted by law.
11. Effective Dates and Repeal of Predecessor by-laws
11.1 By-law 111-2021 is hereby repealed.
11.2 This by-law shall come into full effect and force on the date of its passing.
PASSED IN OPEN COUNCIL ON SEPTEMBER 12, 2022.
Mayor
Gordon A. Krantz
Town Clerk
Meaghen Reid