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By-Law 46-2013
~Oshavita·
of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into and the connection to the
municipal storm sewer and .foundation drain systems.
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits municipalities to
regulate with respect to the collection of stormwater and other drainage from land;
AND WHEREAS the Ontario Water Resources Act, R.S.O. 1990, c. 0. 40 provides that 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 well, lake, river, pond, spring, stream, reservoir, artificial
watercourse, intermittent watercourse, groundwater or other water or watercourse, is guilty of
an offence;
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to
regulate the discharge of matter into the municipal storm sewer system.
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows:
1.
SHORT TITLE:
1.1
This by-law may be cited as the "Storm Sewer Use By-law".
2.
INTERPRETATION:
2.1
In this by-law:
(a)
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", as
may be amended from time to time, established by the Standards Council of
Canada, or "ISO/IEC/EN 17025: General Requirements for Competence of
Calibration and Testing Laboratories", as may be amended from time to time,
established by the International Organization for Standardization.
(b)
acute hazardous waste chemical means a material, which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection
Act, R.S.O. 1990, c. E.19 (the "Environmental Protection Acf').
(c)
biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen
demand, which is the determination of the molecular oxygen utilized during a
five-day incubation period for the biochemical degradation of organic material
(carbonaceous demand), and the oxygen used to oxidize inorganic material
such as sulphides and ferrous iron, and the amount of oxygen used to oxidize
reduced forms of nitrogen (nitrogenous demand) as determined by the
appropriate procedure in Standard Methods.
(d)
blowdown means the discharge of recirculating water from a cooling or heating
water system for controlling the level of water in the system or for discharging
from the system materials contained in the system, the further build-up of which
would or might impair the operation of the system.
(e)
catchbasin is a part of a storm drain or sewer system that is designed to trap
debris so that it cannot enter the drainage pipes.
(f)
City is The Corporation of the City of Oshawa.
(g)
combustible liquid is a liquid that has a flash point not less than 37.8 degrees
Celsius and not greater than 93.3 degrees Celsius.
(h)
composite sample is a sample that is composed of a series of grab samples
taken at intervals during the sampling period.
1
(i)
contact cooling water means water which is used to reduce temperature for
the purpose of cooling and which comes into direct contact with any raw
material, intermediate product (other than heat), or finished product.
0)
Council is the elected council of the City.
(k)
discharge, when used as a verb, includes add, deposit, emit or leak and, when
used as a noun, includes addition, deposit, emission or leak.
(I)
E. Coli means Escherichia Coliforms, which are a specific indicator of fecal
contamination.
(m)
foundation drain means any system that collects groundwater for dewatering a
building.
(n)
fuel includes alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other
ignitable substance intended for use as a fuel.
(o)
grab sample is a volume of wastewater, stormwater, uncontaminated water or
effluent that is collected over a period not exceeding fifteen (15) minutes.
(p)
hauled waste means any industrial waste that is transported for disposal.
(q)
hazardous industrial waste means a material that is identified as such
pursuant to regulations passed pursuant to the Environmental Protection Act.
(r)
hazardous waste chemical means a material that is identified as such
pursuant to regulations passed pursuant to the Environmental Protection Act.
(s)
Hearings Officer means a person from time to time appointed by Council
pursuant to the Hearings Officer By-law 25-2008.
(t)
ignitable waste means a material that is identified as such pursuant to
regulations passed pursuant to the Environmental Protection Act.
(u)
industrial means of or pertaining to industry, manufacturing, commerce, trade,
business or institutions, as distinguished from the terms "domestic" or
"residential."
(v)
Inspector means Engineering Services and/or Works and Transportation
Services staff for the City.
(w)
matter includes any solid, liquid or gas.
(x)
maintenance hole means a shaft with a removable cover that leads down to a
sewer or a drain.
(y)
Officer means each of:
(i)
the Director, Municipal Law Enforcement and Licensing Services;
(ii)
the Manager, Municipal Law Enforcement and Licensing Services;
(iii)
a Municipal Law Enforcement Officer appointed to enforce the by-laws of
the City; and
(iv)
a police officer employed by a municipal police force, by the Ontario
Provincial Police or by the Royal Canadian Mounted Police.
(z)
Order means an order made pursuant to Section 11.03 of this by-law.
(aa)
organic solvent means a homogenous mixture of two (2) or more substances
with the largest concentration being carbon-containing compounds.
2
(bb)
Owner includes the lessee, occupier and operator of any premises, and
includes an individual, association, firm, partnership, corporation, trustee, or
agent, and their heirs, executors, or legal representatives.
(cc)
pathological waste means a material that is identified as such pursuant to
regulations passed pursuant the Environmental Protection Act.
(dd)
PCB means any monochlorinated or polychlorinated biphenyl or any mixture of
these or mixture that contains one or more of them.
(ee)
PCB waste means a material that is identified as such pursuant to regulations
passed pursuant to the Environmental Protection Act.
(a)
Person includes an individual, association, firm, partnership, corporation, trust,
organization, trustee,
or agent, and their heirs,
executors,
or legal
representatives.
(ff)
pesticides means one or more pesticides regulated under the Pesticides Act,
R.S.O. 1990, c. P. 11 (the "Pesticides Acf').
(gg)
pH is a numerical measure of acidity or alkalinity.
(hh)
pollution prevention means the use of processes, practices, materials,
products or energy that avoids or minimizes the creation of pollutants and
wastes, at the source.
(ii)
reactive waste means a material that is identified as such pursuant to
regulations passed pursuant to the Environmental Protection Act.
UD
severely toxic material means any material that is identified as such pursuant
to regulations passed pursuant to the Environmental Protection Act.
(kk)
sewage means any liquid waste containing human, animal, vegetable or
mineral matter in solution or in suspension, except uncontaminated water.
(II)
spill shall mean the discharge or deposit of: firstly, any substance which is
described in Section 3 of this by-law as being prohibited from being discharged;
or, secondly, of either uncontaminated water or stormwater in quantities outside
the ordinary course of events, into or in land drainage works, private branch
drains, or connections to any storm sewer or foundation drain network.
(mm) Standard Methods means a procedure set out in "Standard Methods for the
Examination of Water and Wastewater" published jointly by the American Public
Health Association, the American Water Works Association and the Water
Pollution Control Federation, current at the date of testing, or a procedure
published by the Ontario Ministry of Environment as a standard method or the
equivalent of a standard method.
(nn)
stormwater means water running off the surface of a drainage area during and
immediately after a period of rain or snowmelt.
( oo)
storm sewer means a sewer for the collection and transmission of
uncontaminated water, stormwater, drainage from land or from a watercourse,
or any combination thereof.
(pp)
suspended solids means insoluble matter in liquid that is removable by
filtration, as determined by the appropriate procedure described in Standard
Methods.
(qq)
uncontaminated water means water to which no matter has been added as a
consequence of its use, or to modify its use, by any Person.
(rr)
waste disposal site leachate means any liquid that has been generated from
or percolated through a waste disposal site.
3
(ss)
watercourse means an open channel, ditch or depression, either natural or
artificial, in which flow of water occurs either continuously or intermittently.
3.
STORM SEWER REQUIREMENTS:
3.01
No Person shall discharge or deposit or cause or permit the discharge or deposit of
matter into land drainage works, municipal storm sewers, foundation drains,
watercourses or private drain connections to any storm sewer or foundation drain that:
(a)
damages a storm sewer or foundation drain;
(b)
interferes with the proper operation of a storm sewer or foundation drain;
(c)
obstructs a storm sewer or a foundation drain or the flow therein;
(d)
results in any hazard or other adverse effect, to any person, animal, property or
the natural environment;
(e)
impairs the quality of the water in any well, lake, river, pond, spring, stream,
reservoir, or other water or watercourse; or
(f)
contravenes or results in a contravention under the Ontario Water Resources
Act, R.S.O. 1990, c. 0.40 (the "Ontario Water Resources Acf'), the
Environmental Protection Act or the Fisheries Act, R.S.C., 1985, c. F-14 (the
"Fisheries Acf').
3.02
No Person shall discharge or deposit or cause or permit the discharge or deposit of
matter into land drainage works, municipal storm sewers, foundation drains,
watercourses or private drain connections to any storm sewer or foundation drain that
contains:
(a)
acute hazardous waste chemicals;
(b)
blowdown water;
(c)
combustible liquids;
(d)
floating debris;
(e)
fuel;
(f)
organic solvent;
(g)
hauled waste;
(h)
hazardous industrial waste;
(i)
hazardous waste chemicals;
0)
ignitable waste;
(k)
pathological waste;
(I)
PCBs;
(m)
PCB waste;
(n)
pesticides;
(o)
reactive waste;
(p)
severely toxic material;
(q)
sewage;
(r)
waste radioactive prescribed substances;
(s)
waste disposal site leachate;
(t)
contact cooling water;
(u)
a visible film, sheen or discoloration;
(v)
two or more separate layers; or
(w)
a concentration in excess of any one or more of the parameters stated in
Schedule "A".
3.03
Notwithstanding Subsection 3.02, discharges are permitted where:
(a)
the material is being discharged pursuant to an environmental compliance order
(certificate of approval) or order relating to the premises, which expressly allows
the discharge, under the Environmental Protection Act or the Ontario Water
Resources Act;
(b)
a copy of the environmental compliance order (certificate of approval) or order
referred to in Subsection 3.03(a) has been provided to the City; and
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(c)
the Owner of the premises has written approval from the City, which expressly
authorizes the discharge from the premises.
3.04
No Person shall discharge directly or indirectly or permit the discharge or deposit of
matter into a storm sewer, foundation drain or catchbasin where water has been
added to the discharge for the purpose of dilution to achieve compliance with this by
law.
4.
4.01
OIL, GREASE AND SEDIMENT INTERCEPTORS:
No Person shall discharge oil, grease or sediment directly into
foundation drain.
a storm sewer or
4.02
No Person shall fail to maintain in good working order oil, grease and sediment
interceptors or any other type of storm water quality control device.
4.03
No Person shall fail to produce maintenance records for up to the preceding twenty
four (24) month period upon req uest of an Officer or an Inspector in relation to oil,
grease and sediment interceptors, and any other type of storm water quality control
device.
5.
5.01
COMPLIANCE PROGRAM:
Where a Person discharges material in contravention of this by-law, the City may
req uire, in its sole discretion, that that Person at the Person's sole expense prepare a
compliance program that sets out measures to prevent, reduce or control discharges
to the City's satisfaction.
5.02 The compliance program shall be prepared by a qualified person, who has, in the
opinion of the City, in-depth knowledge about the use and operation of the site in
question and who is considered to be qualified by the industry in general for preparing
such a compliance program. A professional engineer shall prepare and/or seal the
compliance program where there is any physical/structural works required.
5.03
The compliance
conditions:
program shall include, but may not be limited to, the following
(a)
the term of the compliance program shall be for a specified length of time as
approved by the City;
(b)
the corrective or remedial actions implemented to prevent, reduce or control
discharges shall be specific, including the dates of commencement and
completion of such actions, and the materials or other characteristics of the
subject to which it relates;
(c)
the final action completion date shall not be later than the final compliance date
in the compliance program; and
(d)
a progress-reporting requirement to the City within a specified period of time of
the scheduled completion date of each action listed in the compliance program.
5.04 The City may terminate the compliance program by written notice:
(a)
at any time and for any reason whatsoever regardless of the state of
compliance with the compliance program or compliance program approval, and
the termination will be effective within thirty (30) calendar days of the written
notice of termination;
(b)
at any time where, in the opinion of the City, there is an immediate threat or
danger to any person, animal, property, vegetation, or where a discharge in
accordance with the compliance program causes or may cause an adverse
effect to the sewage works and the termination will be effective immediately
upon receipt of the written notice of termination; or
·
(c)
at any time where, in the opinion of the City, the Person user fails or neglects to
implement or diligently pursue the actions required under the approved
compliance program or fails to comply with the terms and conditions of an
5
approval and the termination will be effective immediately upon receipt of the
written notice of termination.
6.
SAMPLING AND ANALYSIS:
6.01
Where samples are required, in any number and at any time as determined in the
City's sole discretion, for the purpose of determining the characteristics or contents of
any water, uncontaminated water or stormwater to which reference is made in this by
law, this Section 6 applies.
6.02 The samples may be grab samples or composite samples, may contain additives for
the purpose of preservation and may be collected manually or by using an automatic
sampling device. When sampling, consideration should be given to plant operations,
the contaminants of concern, the sampling methodology (i.e., grab, composite and
type of composite) and sampling location.
6.03
Except as otherwise specifically provided in this by-law, all tests, measurements,
analyses and examinations of water, uncontaminated water and stormwater shall be
carried out in accordance with Standard Methods and shall be performed by an
accredited laboratory.
6.04 When an analysis is conducted for metals, the analysis shall be for the quantity of total
metal, which includes all metal, both dissolved and particulate.
6.05 The City may by written notice,
(a)
require an Owner, at the Owner's expense, to monitor, sample and/or analyze,
one or more discharges from the Owner's property;
(b)
require that Owner to monitor, sample and/or analyze those discharges through
an accredited laboratory in accordance with the procedures and methods set
out in Standard Methods; and
(c)
to submit the results and/or samples to the City by the date set out in the notice.
7.
SPILLS:
7.01
No Person causing or permitting a spill or having the charge, management and control
of a spill into a storm sewer, foundation drain or catchbasin shall fail to:
(a)
immediately notify the City, including Oshawa Fire Services, and provide any
information with regard to the spill that is requested; and
(b)
do everything reasonably possible to contain the spill, protect the health and
safety of residents, minimize property damage and protect the environment.
7.02
No Person having caused or permitted a spill or having the charge, management and
control of a spill shall fail, where requested by the City, to provide a detailed report
within five (5) days in relation to the spill, including:
(a)
date, time and location of spill;
(b)
name and contact information for Person who reported the spill;
(c)
type of material spilled along with its characteristics and composition;
(d)
volume of material spilled;
(e)
duration of spill event;
(f)
work completed and any work still in progress in the mitigation of the spill;
(g)
preventive actions being taken to ensure a similar spill does not occur again;
and
(h)
copies of applicable spill prevention and spill response plans.
7.03
Nothing in this by-law relieves any Person from complying with any notification or
reporting provisions required by:
(a)
other government agencies, including federal, provincial and regional agencies,
as required and appropriate for the material and circumstances of the spill; or
(b)
any other by-law of the City.
6
7.04
No Person shall fail to clean up a spill and any associated residue or to restore the
affected area to its condition prior to a spill.
7.05 Where any Person fails or neglects to carry out or pursue the activities required by this
by-law, the City may take such measures as it deems appropriate to contain the spill,
protect the health and safety of citizens, minimize damage to property, protect the
environment, clean up the spill and contaminated residue and restore the affected
area to its condition prior to the spill.
7.06
The Owner and the Person who caused the spill shall be liable for all costs associated
with the response to, clean up and restoration of the area affected by the spill to its
condition prior to the spill, including any damage to the municipal storm sewer system
resulting from the discharge or spill.
7.07 The costs incurred by the City with respect to the response to, clean up and
restoration of a spill-affected area may be recovered from the Owner of the property
from where the spill or discharge originated in the same manner as municipal taxes.
8.
8.01
POLLUTION PREVENTION PLAN:
The City may require, in its sole discretion, a Person to develop a pollution prevention
plan at the Person's sole expense for the discharge of any parameter designated by
the City where a Person has:
(a)
failed to comply with the by-law;
(b)
failed to comply with a compliance program or the compliance program has
failed to produce the expected results; or
(c)
been responsible for one or more spills to a storm sewer or a land drainage
works.
8.02
Pollution prevention plans shall comply with any guidelines established by the City.
8.03
The pollution prevention plan shall be completed and available for review by the City at
the site of the discharge within six (6) months of notification to the Person by the City.
8.04
The pollution prevention plan shall be prepared by a qualified person, who has, in the
opinion of the City, in-depth knowledge about the use and operation of the site in
question and is considered to be qualified by the industry in general for preparing such
a pollution prevention plan. The City may require the pollution prevention plan be
approved and sealed by a Professional Engineer, when there is any physical/structural
works required to be done on the site.
8.05
The City may exempt a Person from developing a pollution prevention plan where the
Person has in place an ISO 14001 Program which is currently registered by a third
party auditor accredited by the Standard Council of Canada or the Registrar
Accreditation Board, and agrees to make available those records for inspection by the
City.
9.
9.01
MONITORING MAINTENANCE HOLES:
The City may require the Owner of a commercial, institutional or industrial premises, or
multi-residential building with one or more connections to the storm sewer works to
install and maintain in good repair in each connection a suitable monitoring
maintenance hole to allow observation, sampling and flow measurement of stormwater
therein, provided that where installation of a monitoring maintenance hole is not
possible, an alternate device or facility may be substituted with the City's prior written
approval.
9.02 Any monitoring maintenance hole or alternate device shall be located in close
proximity to the property limit, in an area easily accessed by the City, not in conflict
with other utilities or vegetation, and, without limiting the foregoing, to the satisfaction
of the City.
7
9.03
No Person shall structurally modify any monitoring manhole or alternate device, or
install devices that interfere with the City's access to or the installation and observation
of the City's devices used for the purpose of observation, sampling and flow
measurement of the storm water without the City's prior consent.
10.
CONFIDENTIAL INFORMATION:
10.01 All information submitted to and collected by the City under this by-law shall, except as
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 I c. 25 ("MFIPPA").
10.02 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.
11.
ENFORCEMENT AND OFFENCES:
11.01 An Inspector and/or an Officer may enter on land, at reasonable times,
(a)
to inspect the discharge of any matter into a land drainage system and may
conduct tests and remove samples for this purpose; and
(b)
to inspect the discharge of any matter into the sewage system of the
municipality or into any other sewage system of the municipality or into any
other sewage system the contents of which ultimately empty into the municipal
sewage system and may conduct tests and take samples for this purpose.
11 .02 For the purposes of inspection under Section 11.01, an Inspector and/or an Officer
may,
(a)
require the production for inspection of documents or things, including drawings
or specifications, that may be relevant to the discharge;
(b)
inspect and remove documents or things relevant to the discharge for the
purpose of making copies or extracts;
(c)
require information from any Person concerning a matter related to the
discharge;
(d)
be accompanied by a Person who has special or expert knowledge in relation to
the discharge;
(e)
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 inspection; and
(f)
order the Owner of the property to take and supply at the Owner's expense
such tests and samples as are specified in the order.
11.03 Without limiting any other section of this by-law, where an Officer is satisfied that any
Person has failed to comply with the provisions of this by-law, the Officer may make an
Order directing compliance with this by-law on such terms and conditions as he or she
deems advisable under the circumstances, including without limitation,
(a)
conduct a monitoring study of the stormwater quality and/or quantity the nature
of which to be specified by the City;
(b)
carry out modifications and/or construction of stormwater management facilities;
(c)
adopt and implement pollution prevention techniques and measures;
(d)
prepare and submit a Compliance Program to the satisfaction of the City;
8
(e)
prepare and submit a Pollution Prevention Plan to the satisfaction of the City;
and
(f)
satisfy any other requirement as deemed necessary by an Officer to prevent
contravention of this by-law.
11.04 An Order shall set out:
(a)
the municipal address or the legal description of the property;
(b)
reasonable particulars
of the contravention
adequate to identify the
contravention, including the work to be done and the date by which the work
must be done;
(c)
the time for complying with the terms and conditions of the Order and giving
notice that, if the work is not carried within that time, the City may carry out the
work at the Person's expense; and
·
(d)
the final date for giving notice of appeal from the order.
11.05 Notwithstanding Subsection 11.04(c), if upon inspection of a property the Officer is
satisfied that there non-compliance with this by-law to such extent as to pose an
immediate danger to the health or safety of any person, the Officer may make an
Order containing particulars of the non-compliance and requiring remedial repairs or
other work to be carried out immediately to terminate the danger.
11.06 The Order shall be served on such Persons affected by it as the Officer determines by,
(a)
personal service of a copy of the Order;
(b)
sending a copy of the Order by regular letter mail or registered mail addressed
to the Person at the Person's municipal address in which case service shall be
deemed to have been effected on the third (3rd) day after the copy is sent; or
(c)
posting a copy of the Order on the door of any building or structure on the lands
where the contravention occurred or, where no building or structure exists, on a
stake erected by the officer on those lands in which case service shall be
deemed to have been effected at the moment of posting on the door or stake.
11.07 (a)
A Person who has been served with an Order made under Subsection 11.03
and who is not satisfied with the terms or conditions of the Order may appeal to
the Hearings Officer by sending a notice of appeal by registered mail to
Municipal Law Enforcement and Licensing Services within fourteen (14) days
after being served with the Order.
(b)
An Order that is not appealed within the time referred to in Subsection 11 .07(a)
shall be deemed to be confirmed.
11.08 (a)
The Officer, Inspector and/or any experts may provide evidence for the City at
any appeal.
(b)
A Person who has been served with an Order and/or any witness expert or
otherwise may provide evidence on behalf of the Person who has been served
with the Order at the appeal provided the Person who has been served with the
Order has submitted all evidence in support of his or her appeal to the Hearings
Officer at least seven (7) days prior to the appeal.
11.09 On an appeal, the Hearings Officer has all the powers and functions of the Officer who
made the order may do any of the following things if, in the Hearings Officer's opinion,
doing so would maintain the general intent and purpose of the by-law:
(a)
Confirm, modify or rescind the order.
(b)
Extend the time for complying with the order.
9
11.10 No Person shall:
(a)
fail to comply with a provision of this by-law;
(b)
fail to comply with an Order issued by an Officer;
(c)
enter any municipal storm sewer works without the City's written authorization;
(d)
break, damage, destroy, deface, alter or tamper with any part of a municipal
storm sewer works, foundation drains or any device permanently or temporarily
installed in a municipal storm sewer works for the purpose of measuring,
sampling and testing any matter;
(e)
obstruct an Officer from entering the premises for the purpose of carrying out
inspection and/or investigation or the provisions of this by-law;
(f)
knowingly provide misleading or false information in any report, statement or
plan provided or required under this by-law or under an order issued by an
Officer, or withhold information required under this by-law; or
(g)
connect to any City storm sewer without the City's express written permission.
11.1 1 Each Person other than a corporation who contravenes any provision of this by-law is
guilty of an offence and on conviction is liable to a fine of:
(a)
not less than $1,000.00 and not more than $1 0,000.00;
(b)
not less than $2,500.00 and not more than $15,000.00 for a second conviction
of the same offence; and
·
(c)
not less than $5,000.00 and note more than $25,000.00 for a third or
subsequent conviction of the same offence.
11.12 Notwithstanding any other provision of this by-law, a corporation upon conviction
under this by-law is liable for a fine of not more than $50,000.00 for a first offence and
not more than $100,000.00 for any subsequent offences.
11.13 Prosecution under this by-law shall n·ot preclude any other legal actions required to
recover damages required to repair, replace or restore damaged real or personal
property, as the case may be.
11.14 A municipal corporation or a Person acting on its behalf is not liable to compensate
any Person by reason of anything done by or on behalf of the municipality in the
reasonable exercise of its powers under this by-law.
12.
CONFLICT:
12.1
This by-law shall not be construed to reduce or mitigate any restrictions or regulations
lawfully imposed by the City or by any governmental authority having jurisdiction to
make such restrictions or regulations.
12.2
If there is a conflict between a provision of this by-law and a provision of any other City
by-law, the provision that establishes the higher standard to protect the health and
safety of the public and to maintain clean and tidy condition on land shall apply.
13.
SEVERABILITY:
13.1
If any provision or part of a provision of this by-law is declared by any court or tribunal
of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative
in certain circumstances, the balance of the by-law, or its application in other
circumstances, shall not be affected and shall continue to be in full force and effect.
10
14.
EFFECTIVE DATE:
14.01 By-law 95-95, as amended, is hereby repealed.
14.02 Thi~ by-law is effective on the date of its passing.
By-law passed this twenty-ninth day of April, 2013.
City Clerk
11
SCHEDULE A
LIMITS FOR STORM SEWER DISCHARGE
Parameter
Limit
temperature (max C)
40
pH max
9
pH min
6
suspended solids (ug/1)
15000
arsenic (ug/1)
20
cadmium (ug/1)
1
chromium (ug/1)
80
copper (ug/1)
50
lead (ug/1)
10
manganese (ug/1)
150
mercury (ug/1)
0.4
nickel (ug/1)
80
selenium (ug/1))
20
silver (ug/1)
120
zinc (ug/1)
40
BOD (ug/1)
15000
cyanide (ug/1)
20
e-coli (colonies /100 ml)
200
phosphorus (total 0 ug/1)
400
total kjeldahl nitrogen (ug/1)
1000
1,1 ,2,2-tetrachloroethylene (ug/1)
17
1 ,2-dichlorobenzene (ug/1)
5.6
1 ,4-dichlorobenzene (ug/1)
6.8
benzene (ug/1)
2
bis (2-ethylhexy) phthalate (ug/1)
8.8
chloroform (ug/1)
2
cis-1 ,2-dichloroethylene (ug/1)
5.6
di-n-butyl phthalate (ug/1)
15
ethylbenzene (ug/1)
2
methylene chloride (ug/1)
5.2
tetrachloroethylene (ug/1)
4.4
toluene (ug/1)
2
trans-1 ,3-dichloropropylene (ug/1)
5.6
trichloroethylene (ug/1)
8
xylenes (total- ug/1))
4.4
12