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THE CORPORATION
OF THE TOWN OF PERTH
BY-LAW NO. 4819
A By-law to provide
for the regulation
of waste water services
and discharges
to
municipal
sewers
for the Town of Perth
Recitals:
1. The Council is authorized by section 10 as well as sections 78 to 93 of the Municipal
Act, 2001 as amended,
to pass by-laws for services that the municipality considered
necessary
or desirable for the public which includes public utilityservices
including
but are not limited to prohibiting, regulating and inspecting the discharge
of any
gaseous,
liquid or solid matter into land drainage works, private branch drains and
connections to any sewer,
sewer system or sewage works for the carrying away of
municipal sewage.
2.
By-law 2066, being a By-law to control the discharge
of sewage into the sewage
system of the municipality was repealed by Council.
3. The Committee
of the Whole reviewed Report 2019-CoW-7.10
and concurs with the
staff recommendation.
4. Council for The Corporation of the Town of Perth deems it advisable to pass this By-
law.
Accordingly, the Council of The Corporation of the Town of Perth enacts as follows:
Town of Perth By-law No. 4819
Page 1 of 28
Table of Contents
1.
Short Title
2.
Definitions
3.
Waste Water Services
4.
Operation and Maintenance
5.
Control of Waste Discharges
6.
Discharge to Storm Sewers
7.
Prohibition of Dilution
8.
Reports
9.
Extra Strength Surcharge
Agreements
10.
Compliance
Program
11.
Sampling and Analysis
12.
Spills
13.
Garbage
Grinders
14.
Grease/Sediment
Interceptors
15.
Inspection &Access
16.
Prohibitions
17.
Enforcement
18.
Offence and Penalty Provisions
19.
Validity
20.
Commencement
Schedule A
Schedule
B
Schedule
C
Town of Perth By-law No. 4819
Page 2 of 28
1. SHORT TITLE:
1.1.
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
2.10.
2.11.
2.12.
2.13.
2.14.
2.15.
2.16.
This By-law may be cited as the "Sewer Use By-law".
DEFINITIONS
"acute
hazardous
waste
chemical"
means acute hazardous waste
chemicals within the meaning of O.Reg.347,
as amended from time to time,
made under the Environmental Protection Act, R.S.O. 1990 CE. 19 (EPA).
"appurtenance"
means an accessory
that forms part of a system.
"biochemical
oxygen
demand
(BOD)" means the 5-day BOD which is the
determination of the molecular oxygen utilized during a 5-day incubation
period for the biochemical degradation of organic material (carbonaceous
demand), and the oxygen used to oxidize inorganic material such as
sulphides and ferrous iron, and the amount of oxygen used to oxidize reduced
forms of nitrogen (nitrogenous
demand).
"biosolids"
means organic solid material recovered from the wastewater
treatment
process.
"blowdown"
means 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 impair the operation of the system.
"building"
means a structure connected to the sanitary sewer including the
plumbing appurtenant
thereto.
"Building Code" means the Building Code for the Province of Ontario as
prescribed in accordance
with the Building Code Act, 1992.
"chemical
oxygen
demand
(COD)" means the oxygen equivalent of the
organic matter content of a sample that is susceptible to oxidation by a strong
chemical oxidant.
"combined
sewer"
means a municipal sewer or portion thereof designed to
function simultaneously
as a storm sewer and as a sanitary sewer and its
appurtenance.
"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.
"composite
sample" means a volume of sewage,
storm water,
uncontaminated
water or effluent made up of 3 or more grab samples that
have been combined automatically or manually at approximately equal time or
volume intervals over a sampling period.
"cross
connection"
means any temporary
or permanent connection
between a sanitary sewer and a storm sewer.
"Extra Strength
Surcharge
Agreement"
means an agreement
between the
Town and a person entered into in accordance with the provisions of Part 8 of
this By-law.
"flushing"
means the procedure of using pressurized water to clean a
sewer.
"fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any ignitable
substance
intended for use as a fuel.
"foundation
drain"
means a pipe or series of pipes that collect groundwater
around the foundation or footing of a building for protection against
hydrostatic pressure.
Town of Perth By--|awNo. 4819
Page 3 of 28
2.17.
2.18.
2.19.
2.20.
2.21.
2.22.
2.23.
2.24.
2.25.
2.26.
2.27.
2.28.
"grab sample"
means a volume of the flow being sampled taken at one
particular time and place.
"groundwater"
means water beneath the earth's surface accumulating
as a
result of seepage.
"hauled
sewage"
means waste, other than industrial waste, removed from a
sewage
works or 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.
"hauled
waste"
means any industrial waste, other than hauled sewage,
which is transported to and deposited
into any location in the sewage works
excluding hauled sewage.
"hazardous
industrial
waste"
means hazardous industrial waste within the
meaning of O.Reg.347,
as amended from time to time, made under the
Environmental Protection Act, R.S.O. 1990 c.E. 19 (EPA).
"hazardous
waste
chemicals"
means hazardous waste chemicals within the
meaning of O.Reg.347, as amended from time to time, made under the
Environmental Protection Act, R.S.O. 1990 c.E. 19 (EPA).
"ignitable waste"
means:
a)
a liquid, other than an aqueous solution containing less than 24 per
cent alcohol by volume and has a flash point less than 61 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)
a solid and that 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)
an ignitable compressed
gas (Class 2, Division D) as defined in the
regulations under the Transportation
of Dangerous
Goods Act, 1992,
S.C. 1992, as amended,
or iv) an oxidizing substance
(Class 5,
Divisions 1 and 2) as defined in the regulations under the
Transportation
of Dangerous
Goods Act, 1992, SC.
1992, as
amended.
"industrial"
means of or pertaining to manufacturing,
commerce, trade,
business,
or institutions as distinguished from domestic or residential.
"industry"
means any Owner or operator of industrial or commercial
premises from which there is a discharge
of any matter directly or indirectly
into a Town sanitary sewer,
combined sewer or storm sewer.
"inspection"
means an audit; physical, visual or other examination; survey;
test; or inquiry.
"interceptors"
sometimes
referred to as grease/sediment
traps means a
device designed to separate
and retain oil, grease,
fatty substances
as well
as sediments from discharged wastewater.
"land"
means all real property,
including buildings or any part of any building
and all structures,
machinery and ?xtures erected or placed upon, in, over,
under or affixed to land and in the case of utilityservice providers and the
Town of Perth, all buildings or any part of any building erected or placed
upon, in, over, under or affixed to land but shall not include machinery
whether ?xed or not, nor the foundation on which it rests, works structures
other than buildings, substructures,
poles, towers, lines, nor any of the things
exempted
from taxation, nor to any easement
or the right use or occupation or
Town of Perth By-law No. 4819
Page 4 of 28
2.29.
2.30.
2.31.
2.32.
2.33.
2.34.
2.35.
2.36.
2.37.
2.38.
2.39.
2.40.
2.41.
2.42.
2.43.
other interest in land not owned by utility service providers or the Town of
Perth.
"maintenance
access
hole" means an access
point in a private sewer
connection to allow for observation, sampling and flow measurement of the
sewage,
uncontaminated water or storm water therein.
"matter"
includes any solid, liquid or gas.
"Municipal
easement"
means an easement
in favour of the Town of Perth.
"Municipal
Right of Way" means any street, lane, road and public highway
or right of way owned by the Town.
"Municipal
Technical
Standards"
means the minimum standards
prescribed by the Town for construction of sewage
works, sewer laterals, and
any appurtenances
thereto, within the Town.
"occupant"
means any lessee, tenant, Owner, the agent of a lessee, tenant
or Owner or any person in possession
of a premise.
"Town" shall mean Utilities Perth.
"Open Loop System"
means a system that is heated or cooled using
potable water that discharges
into the Town's sewage works.
"Owner"
shall mean any person, including a corporation, who is the
registered
Owner of the property under consideration including a trustee in
whom land is vested, a committee of the estate of a mentally incompetent
person, an executor,
an administrator or a guardian.
The obligations of the
Owner under this by-law may not be transferred to a party which is not an
Owner.
"pathological
waste"
means pathological waste within the meaning of
O.Reg.347, as amended from time to time, made under the Environmental
Protection Act, R.S.O. 1990 c.E. 19 (EPA).
"PCBs" means any mono-chlorinated or poly--chlorinatedbiphenyl or any
mixture of these or mixture that contains one or more of them.
"permit holder"
means the person to whom a Sewer Connection/Alteration
Permit or Storm Water Exemption Permit has been issued.
"person"
means an individual, association,
partnership, corporation,
municipality, provincial or federal agency,
or an agent or employee thereof.
"pesticide"
means a pesticide as de?ned and regulated under the Pesticides
Act, R.S.O. 1990, c.P. (PA); "subdivision"
shall mean a plan approved by the
Town that clearly outlines all details that are required to develop a parcel of
land into a subdivision with individual parcels.
"reactive
waste"
means a substance
that:
a)
is normally unstable and readily undergoes
violent changes
without
detonating,
b)
reacts violently with water,
c)
forms potentially explosive mixtures with water,
d)
when mixed with water, generates
toxic gases, vapours or fumes in a
quantity sufficient to present danger to human health or the
environment,
e)
is a cyanide or sulphide bearing waste which, when exposed
to pH
conditions between 2 and 12.5, can generate toxic gases,
vapours
or
fumes in a quantiw sufficient to present danger to human health or the
environment,
f)
is capable of detonation or explosive reaction ifit is subjected to a
strong initiating source or if heated under confinement,
Town of Perth By-law No. 4819
Page 5 of 28
g)
is readily capable of detonation or explosive decomposition
or
reaction at standard temperature and pressure, or viii)is an explosive
(Class 1) as defined in the regulations under the Transportation
of
Dangerous
Goods Act, 1992, S.C. 1992, as amended.
"rodding"
means a manual procedure for clearing obstructions from sewer laterals.
"roof drain"
means
a drain that conveys,
storm water, rainwater and snowmelt from a
roof to a storm sewer lateral;
"sanitary
sewer"
means
a sewer
for the collection and transmission
of domestic,
commercial,
institutional and industrial sewage
or any combination thereof owned and
operated
by the Town;
"severely
toxic waste"
means
any contaminant listed in Schedule
3 of O.Reg.347, as
amended from time to time, made under the Environmental Protection Act, R80.
1990
c.E. 19 (EPA);
"sewer"
means
a pipe, conduit, drain, open
channel,
or ditch for the collection and
transmission of sewage,
storm water and l or uncontaminated
water or any combination
thereof;
"sewer
connectionlalteration
permit" shall mean
approval
by the
Town
of Perth
authorizing the permit holderto connect to the sewage works in accordance with the terms
and conditions set out in the permit;
"sewer
lateral"
means
a pipe or other form of conduit and its appurtenances
used to
transport sewage from a building to the Towns sanitary sewer located in a Municipal Right
of Way;
"sewer
lateral stub" means that portion of a sewer lateral from the sanitary sewer to the
limitof a Municipal Right of Way.
"sewage"
means any liquid, solid or gas containing organic, inorganic, animal, vegetable
or mineral matter in solution or in suspension
and includes things that float but does not
include uncontaminated
water;
"sewage
works"
means any works owned by the Town for the collection, transmission,
treatment
or disposal
of sewage,
storm water or uncontaminated
water,
including a
combined
sewer,
sanitary sewer
or storm sewer and its appurtenances,
but does not
include plumbing or other works to which the Building Code Act, 1992 as amended
applies;
"site plan" shall mean a graphical plan of a proposed development
illustrating all the
features
of the development
including dwellings, commercial establishments,
roads, and
other public or private infrastructure that has been approved by the Town pursuant to the
Planning Act;
"spill" means a direct or indirect discharge or deposit to the sewage works, storm sewer
or the natural environment
which is abnormal in quantity or quality in light of all the
circumstances
of the discharge or deposit;
"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,
latest edition;
"Standard
Terms and Conditions
of Service"
means the terms and conditions under
which the Town provides sewer services to a building as published by Utilities Perth.
"storm
sewer"
means
a municipal
sewer
for the
collection and
transmission
of
uncontaminated
water, storm water, surface run off from streets
and adjacent lands or
flow from foundations drains or any combination thereof;
Town of Perth By--|awNo. 4819
Page 6 of 28
"storm
water" means water from rainfall or other natural precipitation or from the melting
of snow or ice;
"Storm Water Exemption
Permit"
means approval by the Town authorizing the permit
holder to temporarily discharge
storm water to a combined sewer in accordance
with the
terms and conditions set out in the permit;
"storm
sewer
lateral" means a pipe or other form of conduit and its appurtenances
used
to transport storm water from a building or land to the Town storm sewer or sanitary sewer
located in a Municipal Right of Way;
"storm
sewer
lateral stub" means that portion of a storm sewer lateral from the sanitary
sewer or storm sewer to the limitof a Municipal Right of Way.
"structural
defect"
means
when used in connection with a sewer lateral a collapsed,
cracked, broken or missing pipe, or offset joints caused by settling.
"subsequent
conviction"
means a conviction for an offence which offence occurs after
the date of conviction for an earlier offence under this By-law;
"total
PAHs" means the total of all the polycyclic aromatic hydrocarbons
listed under
Canada
Ontario Agreement TierI and Tier ll Substances
Lists,
"Town" means The Corporation of the Town of Perth.
"uncontaminated
water"
means potable water as supplied by the Town that has not
had any matter added to it after it has been supplied and any water having quality which
meets
or exceeds
the requirements
of the table "Limits for Storm Sewer
Discharge"
attached as Schedule
"B";
"waste
radioactive
prescribed
substances"
means
uranium,
thorium,
plutonium,
neptunium,
deuterium,
their respective
derivatives
and compounds
and such
other
substances
as the Atomic Energy Control Board may designate
as being capable
of
releasing atomic energy or as being requisite for the production, use or application of
atomic energy.
"watercourse"
means an open channel, ditch or depression
either natural or artificial, in
which flow of water occurs either continuously or intermittently.
3. WASTE WATER SERVICES
3.1.
Waterlsewer
ConnectionIAlteration
Permit
The Owner shall obtain a Water/Sewer
Connection/Alteration Permit prior to
the installation, repair, renewal, removal, plugging, capping or disconnection
of a sewer lateral or a sewer except where such a sewer connection has been
speci?cally provided for and approved through the Town's Subdivision or Site
Plan Approval process or Town sewage works rehabilitation project.
3.2.
Requirements
for permit
Applicants for a Water/Sewer
Connection/Alteration Permit shall complete
and submit the appropriate forms, provide the required drawings and
information, and pay the stipulated fees or charges to the satisfaction
of the
Town. The installation or disconnection of a sewer lateral or a sewer shall not
commence until a Water/Sewer
ConnectionIAlteration Permit is issued and all
required payments have been received.
3.3.
Process
for a permit
Water/Sewer
Connection/Alteration
Permit forms shall be available from the
Town and are to be submitted .to the Town along with any plans or drawings
detailing the proposed
connection,
any other supporting information and
required fees as stipulated in the Fees and Charges
By-law. The Town shall
review the proposed alteration/connection proposed and shall impose any
condition that is deemed
advisable and appropriate to ensure the integrity and
safety of the sewage works. Any conditions imposed willbe identified in
Town of Perth By-law No. 4819
Page 7 of 28
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
3.11.
3.12.
3.13.
writing forming part of the approved permit and said conditions shall be
complied with.
Sewer Connection
Except as may othenrvise be approved by the Town, no person shall connect
a building to the sewage works until all required permits have been issued
and all required inspection fees, cut permit costs, and other related costs
have been paid in full.
Sewer Charges
--
Owner to Pay
Charges
for the use of sewer services as well as any work or services
performed by the Town will be determined by the Town as indicated in the
Fees and Charges By-law as amended from time to time and willbe paid by
the Owner.
Extensions
and Connections
Extensions of and connections to the sewage
works shall only be permitted
where they conform to the Of?cial Plan of the Town.
Capital Works
New sewer laterals and sewage works made in association with a capital
works project of the Town shall be subject to the entire permit requirements of
this by-law and to the charges
and fees set out in applicable By-laws.
Sewer
Lateral Stub Replacements
As part of a sanitary sewer rehabilitation project the Town shall renew sewer
lateral stubs on public property at its expense and to its specifications when:
a)
piping is deemed by the Town to be beyond repair and
b)
replace the sewer lateral stub with a pipe of the same diameter.
Replacement
piping shall conform to the specifications of the Town. Ifan
Owner requests
a larger pipe size, the Owner shall pay the difference in
material and labour costs.
Installation
- Town Specifications
Allsanitary sewer pipes and sewer laterals located within Town property shall
be constructed according to the Town's standards.
Allsewer laterals located
on private property shall be constructed in accordance with the Ontario
Building Code as revised from time to time and in accordance
with good
practices and shall be approved by the Chief Building Official. Where the
Ontario Building Code is silent the Town's specifications shall be applied and
shall prevail.
Installation
inspection
- by Town
All sewers and appurtenances
installed, including those required by a Town
Subdivision, Site Plan or Development Agreement
must be approved by the
Town or by persons authorized by the Town.
Installation
- Access
for Inspection
The Town and persons authorized by the Town for inspection shall be, at all
times, entitled to enter upon any lands or any buildings for the purposes of
examining pipes, connections and fixtures which are used in connection with
the sewer service pipe and/or sewer lateral.
Installation
- Noti?cation
Prior to back?lling a trench containing a sewer lateral or storm sewer lateral
noti?cation to the Town shall be provided.
Disconnection
of Service
- Temporary
Town of Perth By-law No. 4819
Page 8 of 28
3.14.
3.15.
3.16.
3.17.
4.1.
4.2.
4.3.
When an Owner temporarily discontinues
the use of a sewer lateral to a
building, the Owner shall pay to the Town a charge as indicated in the Fees
and Charges By-law where applicable.
Disconnection
of Service
- Permanent
When an owner permanently discontinues the use of a sewer lateral to a
building or buildings the sewer lateral must be disconnected at the sanitary
sewer and removed at the Owner's expense. Allwork must be inspected by
the Town and the Owner shall pay for such inspection as required in the Fees
and Charges By-law.
Multiple Sewer
Laterals
~ Prohibited
Only one sewer lateral per lot shall be permitted to connect to the sanitary
sewer.In situations where a shared sewer lateral would result from a division
of land the shared sewer lateral shall be eliminated and a separate
sewer
lateral from each lot to the sanitary sewer shall be installed at the Owner's
expense.
Notwithstanding the forgoing, where separate
sewer laterals for
each lot is impractical, the Owner shall create reciprocal easements
for
maintenance
purposes over each lot.
Cross
Connections
-- Prohibited
No owner, occupant or person shall use or cause to be used or permit a cross
connection to occur.
Connections
-- Capacity
Connection of a building to a sewer is only permissible where in the sole
opinion of the Town there is sufficient capacity in the sewage works for
handling sewage
from the building.
. OPERATION AND MAINTENANCE
Maintenance
of Sewer
Lateral Stub
- Town
The sewer lateral stub shall be maintained by the Town at the Town's
expense.
lfflushing or rodding of a sewer lateral is required to remove an
obstruction caused solely by a structural defect in the sewer lateral stub, the
Town shall be solely responsible
for the cost of removing the obstruction.
Maintenance
of Sewer Lateral
-- Owner
Every Owner of a property to which sewer service is provided shall be
responsible
for the maintenance,
repair, and replacement
of the sewer lateral
from the building to the property line. Any and all structural defects of a sewer
lateral shall be repaired by the Owner of the property being serviced. Should
the Town become aware of any such structural defect, and upon written
notification to the Owner, the said structural defect is not repaired within thirty
(30) days of the date of the notification or within such time as the Town may
deem necessary,
then the Town may turn off the municipal water supply to
the property.
if the Town is ordered to restore the water supply, then the Town
may repair the structural defect in the sewer lateral pipe at the Owners
expense.
In so doing the Town of Perth shall only reinstate the property to a
safe condition and all final restoration shall be the Owners responsibility.
The
Town of Perth shall not be held responsible for any damages
to the Owners
property arising from such work such as damage to root systems or other
landscaping features
located along the sewer lateral.
lfflushing or rodding of
a sewer lateral is required to remove an obstruction located anywhere
between the building and the sewer lateral stub, the Owner or occupier shall
be solely responsible for the cost of removing the obstruction.
Conditions
on Sewer Services
The Town agrees
to use reasonable
diligence in providing a regular and
uninterrupted sewer service, but does not guarantee
a constant service and is
not liable for damages
to an Owner or Occupant caused by the breaking of
any sewer, sewer lateral or a blockage of a sewer or sewer lateral. Where
planned work on the sanitary sewer system is contemplated the Town will
make reasonable
effort to provide two (2) days' notice, delivered to the lands
Town of Perth By-law No. 4819
Page 9 of 28
4.4.
4.5.
4.6.
4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
affected, of the intention to disrupt or terminate service, save and except for
emergency
shut downs.
Unauthorized
Operation
or Interference
-- Offence
No person, other than persons authorized by the Town for that purpose shall
remove, tamper with or in any way interfere with any sanitary sewer or sewer
lateral stub or appurtenances
in the sanitary sewer system, nor tap off or
make any connection to a sanitary sewer.
Work on the System
The Town shall perform all work having to do with the Town's sanitary sewer
system and with the installation, repair, renewal, or removal of the Town's in-
service sewer collection system.
The Town may delegate
to any person the
authority to perform work on the sanitary sewer system, on conditions
acceptable
to the Town.
Shut off- Repair
The Town shall have the right at any time and without notice to shut off the
supply of municipal water to any building if, in the opinion of the Town, the
sewer
lateral located
on the
property
is not being properly
maintained,
develops
a significant
leak,
is structural
defective
or permits
significant
infiltration or in any way compromises
the integrity of the Town's sewage
system,
and not to restore the water service until such condition has been
rectified to the satisfaction of the Town.
Damage
to Sanitary
Sewer System
-- Offence
No person shall break, damage,
destroy,
deface or tamper with, or cause
or
permit the breaking, damaging, destroying, defacing ortampering
with any part
of the sewage works.
Discharge
to the Sewers
No person shall discharge
sewage
into the Town's sewage
works except in
accordance with this By--law.
Unauthorized
Discharge
Sanitary
Sewer
- Offence
No person shall discharge
or permit to be discharged
anything other than
sewage
into a sanitary sewer.
Unauthorized
Discharge
Combined
Sewer
-- Offence
No person shall discharge
or permit to be discharged
anything other than
sewage
into a combined sewer.
Connections
Prohibited
- Offence
No person shall permit the connection
of a roof leader (roof down spout),
foundation drain (sump pump) or blowdown to a sanitary sewer or combined
sewer.
Discharge
Exemption
The Town in its absolute discretion is authorized to consider an exception to
Sections 4.9, 4.10 and/or 4.11 subject to the following:
a)
The Owner shall obtain a Storm Water Exception Permit in an
addition to any other permits or approvals prior to the installation of
any sewer or storm sewer lateral to a combined sewer.
b)
Applicants for a Storm Water Exception Permit shall complete and
submit the appropriate forms, provide the required plans, drawings
and information detailing the proposed connection and pay any
required fees as stipulated in the Miscellaneous Charges and
Appliance Rental Rates By-law. The installation of a sewer or storm
sewer lateral to a combined sewer shall not commence until a Storm
Water Exception Permit is issued by the Town.
c)
Storm Water Exception Permit forms shall be available from the Town
and are to be submitted to the Town. The Town shall review the
proposed exception and shall impose any condition that is deemed
advisable and appropriate
to ensure the integrity and safety of the
sewage works. Any conditions imposed willbe identified in writing
Town of Perth By--lawNo. 4819
Page 10 of 28
forming part of the approved permit and said conditions shall be
complied with.
d)
Any exception is to be expressly authorized in writing;
e)
Any exception shall not be permitted for construction purposes i.e.
dewatering;
f)
Any exception is in accordance with such guidelines as may be
prescribed by the Town;
g)
Any exception will require the owner to design and construct a
permanent storm sewer lateral that provides for a temporary
connection to the combined sewer and that this lateral shall be
disconnected from the combined sewer and connected to any future
storm sewer that is constructed to service the land in question at the
Owners expense;
h)
Where a storm sewer has been constructed and is available for
connection and Owner fails to disconnect the storm water from the
combined sewer and discharge
it to the storm sewer, it shall be
considered
an offence under Sections 4.9, 4.10 and/or 4.11 of this By--
law.;
i)
Any exception may require the execution of agreements,
the payment
of sewage
service rates, the metering of discharges
in a manner
acceptable
to the Town and may provide for an annual certi?cate of
calibration of such metering by a qualified professional upon request
by the Town; and
j)
The owner provides a copy of a valid Permit to Take Water in respect
of the taking of water that is being discharged or deposited where
such a Permit to Take Water is required by the Ontario Water
Resources
Act, R.S.O. 1990,c.O.14, as amended.
4.13.
Owner
-- Notice to Perform
An owner or operator
of an industrial, commercial,
institutional or multi-
residential
building
may be required,
by written notice from the Town,
to
complete or perform one or more of the following activities addressing
the
discharge
of storm water or sewage
from the Owners land or building:
a)
to complete a study on storm water or sewage quality and / or
quantity;
b)
to develop and implement a best management practice plan;
c)
to install and maintain a pre-treatment facility or holding tank on the
premises
so that the effluent will be reduced accordingly for any
building discharging
or proposing to discharge into the municipal
sewage
works effluent exceeding the strength, nature, quantity or
quality parameters;
d)
to design, construct and maintain at his or her expense the pre-
treatment facility or holding tank in accordance with good engineering
practice and the requirements
of the Town, and shall be constructed
and maintained by the owner or occupant of the building or land at his
or her expense.
e)
to install and maintain at the owners or occupants
expense,
devices
to monitor sewage,
uncontaminated water or storm water discharges
and to submit to the Town regular reports regarding the quantity and
quality of discharges
to the sewage works.
4.14.
Owner
-- Damage
Prevention
Every owner or operator of a commercial,
industrial, or institutional premises
from which large objects and/or material may directly or indirectly enter a sewer
shall install and maintain a screen or grate device with openings no larger than
6.0 mm to prevent
objects
and/or
materials from entering
the sewer and
possibly obstruct or restrict the flow in the sewage works or damage equipment
at pumping stations and treatment facilities.
Records of annual cleaning and
maintenance
of all such devices are to be retained by the Owner on site for
review by the Town.
5. CONTROL OF WASTE DISCHARGES
5.1.
Deposit
or Discharge
of Sewage
- Prohibited
Town of Perth By-law No. 4819
Page 11 of 28
5.2.
5.3.
No person shall cause
or permit the deposit or discharge
of sewage
into a
sanitary sewer, combined sewer or sewer lateral in circumstances
where to do
so may cause or result in:
a)
a health or safety hazard to a person authorized to inspect, operate,
maintain, repair or othenlvise work on a sewage works;
b)
an offence under the Ontario Water Resources Act or the
Environmental Protection Act, as amended from time to time, or any
regulation made thereunder from time to time;
c)
bio solids from the sewage works to which either sewage
discharges,
directly or indirectly, to fail to meet the objectives and criteria set out
in the Ministry of the Environment publication entitled "Guidelines for
the Utilization of Biosolids and Other Wastes on Agricultural Land"
dated March 1996, as amended
from time to time;
cl)
interference
with the proper operation or maintenance
of a sewage
works, or which may impair or interfere with any treatment
process;
e)
a hazard to any person, animal, property or vegetation;
f)
an offensive odour to emanate
from the sewage
works, and without
limiting the generality of the foregoing, sewage
containing hydrogen
sulphide, carbon disulphide, other reduced sulphur compounds,
amines or ammonia in such quantity as may cause an offensive
odoun
g)
damage to the sewage works; or
h)
an obstruction or restriction to the flow in the sewage
works.
Characteristics
of Sewage
- Prohibited
No person shall cause or permit the deposit or permit the discharge
of sewage
into a sanitary sewer, combined sewer or sewer lateral in circumstances where
the sewage
has one or more of the following characteristics:
a)
a pH less than 6.0 or greater than 8.5;
b)
two or more separate
liquid layers; or
c)
a temperature
greater than 50 degrees
Celsius.
Sewage
Contains
No person shall cause or permit the deposit or permit the discharge
of sewage
into a sanitary sewer, combined sewer or sewer lateral in circumstances where
the sewage
contains:
a)
acute hazardous waste chemical
b)
combustible liquid
c)
dyes or colouring materials that pass through a sewage works and
discolour the sewage works effluent;
d)
fuel;
e)
hauled sewage,
except where
1. the carrier of the hauled sewage
is a waste management
system
operating under a certificate of approval or provisional certificate
of approval issued under the Environmental Protection Act or is
exempt from the requirement to have a certi?cate or provisional
certificate of approval;
2. a copy of the most recent certificate or provisional certificate and
any amendment
is provided to the Town;
3. the carrier meets all the conditions for discharge that are or may
be required from time to time with respect to the haulage of
sewage
by the Town; and
f)
hazardous
industrial waste
g)
ignitable waste
h)
pathological waste
i)
PCBS except where:
1. the person has a certificate of approval for a mobile site or PCB
mobile waste disposal system issued under the Environmental
Protection Act or where the person is claiming an exemption
under a regulation, the person has demonstrated to the Town that
the conditions of the exemption are met;
Town of Perth By--lawNo. 4819
Page 12 of 28
5.4.
5.5.
5.6.
5.7.
2. a copy of the most recent certificate or provisional certificate and
any amendment
is provided to the Town; and
3. the person has written approval from the Town that the person
has met a condition for an exemption under the regulations
in
relation to their discharge
of PCBs to the sewage works:
j)
pesticides
k)
reactive waste
l)
severely toxic waste
m)
waste radioactive prescribed substances
except where:
1. the waste radioactive prescribed substances
are being discharged
under a valid and current license issued by the Atomic Energy
Control Board or its successor;
and
2. a copy of the license has been provided to the Town;
n)
ground water except where:
1. the person has written approval from the Town authorizing the
discharge
or deposit of the treated contaminated groundwater to
the sewage
works, in accordance
with guidelines adopted by the
Town from time to time; and
2. a certificate of approval, provisional certificate of approval or order
has been issued which includes a provision for the disposal of
treated contaminated groundwater to a sewage
works, a copy of
the certificate of approval, provisional certi?cate of approval or
order is provided to the Town, or where the person is claiming an
exemption pursuant to a regulation, the person has received
written notice from the Town that the conditions of the exemption
are being met.
3.
Sewage
Concentration
- Prohibited
No person shall cause or permit the deposit or permit the discharge
of sewage
into a sanitary sewer, combined sewer or sewer lateral in circumstances where
the sewage
contains a concentration,
expressed
in milligrams per litre, which
exceeds
any one or more of the limits in the table "Limitsfor Sanitary & Combined
Sewers
Discharge" attached as Schedule "A".
Termination
of Privileges
- Notice
The Town
may terminate
at its sole discretion
privileges granted
under
Sections
5.3 (e), (f), (k), (0), and (p) at any time under circumstances
deemed
reasonable
and the termination will be effective within 30 days of a written
notice of termination.
Termination
of Privileges
- Emergency
The Town may terminate privileges granted under Sections 5.3.(e), (f), (k), (0),
and (p) by written notice at any time where there is an emergency
situation of
immediate threat or danger to any person, property, plant or animal life, waters
or the sewage works and the termination will be effective immediately.
Extra Strength
Surcharge
Agreement
The provisions of subsection
5.4 do not apply to those parameters
allowed by
an Extra Strength Surcharge Agreement where the discharge
is in accordance
with an Extra Strength Surcharge
Agreement or expressly authorized in writing
by the Town in accordance
with this by-law prior to the discharge.
Town of Perth By--lawNo. 4819
Page 13 of 28
6.
DISCHARGES TO STORM SEWERS
6.1.
Deposit or Discharge
of Sewage
- Prohibited
No person
shall, whether directly or indirectly, discharge
or deposit or cause
or permit the discharge or deposit into or in any storm sewer or storm sewer
lateral matter of any type which may:
3)
b)
C)
d)
e)
f)
9)
h)
J)
interfere with the proper operation
of a storm sewer;
obstruct or restrict a storm sewer or the flow therein;
damage the storm sewer;
result in any hazard or other adverse impact, to any person,
animal,
property, or vegetation;
impair or is likely to impair the quality of the water in any well, lake, river,
pond, spring, stream, reservoir or other water or watercourse;
contravene
or result in the contravention
of a certi?cate or provisional
certificate of approval or order issued under the Ontario Water
Resources Act or the Environmental Protection Act with respect to the
storm sewer and or its discharge;
have one or more of the following characteristics:
1. two or more separate
layers;
2. a pH less than 6.0 or greater than 8.5;
3. a visible ?lm, sheen or discolouration; or
4. a temperature
greater than 40 degrees
Celsius.
contain one or more of the following:
acute hazardous waste chemicals;
blowdown;
combustible liquids;
floating debris;
fuel;
hauled sewage;
hauled waste;
hazardous industrial waste;
. hazardous waste chemicals;
10. ignitable waste;
11.patho|ogica|
waste;
12. PCBs;
13. pesticides;
14. reactive waste;
15. severely toxic waste;
16.sewage;
17.waste
radioactive prescribed
substances;
18.waste
disposal site leachate;
19.a substance
from raw materials, intermediate or ?nal materials, used
or produced in, through or from an industrial process;
or
20.a substance
used in the operation or maintenance
of an industrial
site.
contain E. coli colonies in excess
of 100 per 100mL;
contain a concentration,
expressed
in mg/L, in excess of any one or
more of the limits in the table entitled "Limits for Storm Sewer
Discharge" attached hereto as Schedule
7. PROHIBITION OF DILUTION
7.1.
Dilution
- Offence
No person shall discharge directly or indirectly or deposit or cause or permit
the discharge or deposit of sewage
into a sanitary sewer, combined sewer,
storm sewer, sewer lateral or storm sewer lateral in circumstances
where water
has
been
added
to the discharge
for the purposes
of dilution to achieve
compliance with this By-law.
8. REPORTS
Town of Perth By-law No. 4819
Page 14 of 28
8.1.
8.2.
8.3.
9.1.
9.2.
9.3.
Requirement
for Report
-- Short Version
Every Owner or occupant of an industrial, commercial or institutional premise
shall complete
and submit to the Town a "Short Version
of the Discharger
lnformation
Report" prior to any discharge
of sewage,
storm water,
cooling
water or uncontaminated
water to a sewage
works.
Short version of the
Discharger Information Report forms shall be available from the Town and are
to be submitted to the Town along with any other supporting information and
required fees as stipulated inthe Miscellaneous Charges and Appliance Rental
Rates By-law.
The Town shall review the proposed
Discharger
Information
Report
and
shall
impose
any
condition that
is deemed
advisable
and
appropriate
to ensure the integrity and safety of the sewage
works.
Any
conditions imposed will be identi?ed in writing forming part of the approved
permit and said conditions shall be complied with.
Requirement
for Report
- Long Version
The Town, at its sole discretion,
may require the Owner or occupant
of an
industrial, commercial
or institutional premises
to complete
and submit a
"Complete Discharger
Information Report" prior to any discharge
of sewage,
storm water, cooling water or uncontaminated water to a sewage works, where
in the sole discretion of the Town, discharge
from the premises
may have a
significant impact on the sewage
works. Complete
Discharger
Information
Report forms shall be available from the Town and are to be submitted to the
Town
along with any other supporting
information
and
required
fees
as
stipulated
in the Miscellaneous Charges
and Appliance Rental Rates By-law.
The Town shall review the proposed Complete Discharger
Information Report
and shall impose any condition that is deemed advisable and appropriate
to
ensure the integrity and safety of the sewage works. Any conditions imposed
will be identified in writing forming part of the approved
permit and said
conditions shall be complied with.
Requirement
to Report
- A Change
An Owner or occupant of an industrial, commercial or institutional premises
who is discharging
or depositing
sewage,
storm water,
cooling water
or
uncontaminated
water to a sewage
works shall provide written notice of any
change in the information in the reports required under Sections 8.1 or 8.2 and
such notice shall include details of the nature of the change
of the discharge
and its potential effect on the municipal sewage
works into which it is being
discharged or deposited.
. EXTRA-STRENGTH SURCHARGE AGREEMENTS
Sewage
Service
- Rates
Subject to sections 9.2 through 9.10 the discharge
or deposit of sewage that
would otherwise be prohibited by this By-law may be permitted into or in any
connection to any sanitary sewer or combined sewer in accordance
with an
Extra
Strength
Surcharge
Agreement
under
such
conditions,
including
payment
of additional sewage
service
rates
or other charges
as may be
deemed
necessary
by the Town to compensate
for any additional costs of
operation, repair, and maintenance
of the sewage works.
Allowable
Parameters
An Extra Strength Surcharge
Agreement
may only be made for discharge of
the following treatable parameters
in sewage:
suspended
solids, biochemical
oxygen demand, total Kjeldahl nitrogen and total phosphorus.
Allowable
Parameters
- Calculation
Biochemical oxygen demand,
total suspended
solids and total phosphorus
concentrations
shall be determined as follows:
a)
No less than two composite samples
shall be collected in accordance
with section 11.6 of this By-law by Town staff or, upon written
approval from the Town, by an alternate person.
b)
Laboratory analysis of the collected samples shall be done in
accordance
with section 11.6 of this By-law.
Town of Perth By-law No. 4819
Page 15 of 28
9.4.
9.5.
9.6.
9.7.
c)
The average
concentration of all composite samples taken over the
specified two (2) month period willbe used in calculating the
surcharge;
or, by any other method as approved in writing by the
Town.
d)
Data supplied by the Owner or occupant of the industrial, commercial
or institutional premises named in the Extra Strength Surcharge
Agreement, where the sampling and analytical methods meet the
protocol stated or referenced
in Section 11 of this By-law.
Surcharge
Rates
Extra strength surcharge
rates shall be those established in Schedule
C to this
By-law or in the Miscellaneous
Charges and Appliance Rental Rates By~law
as amended from time to time.
Extra Strength
Surcharge
Agreement
An Extra Strength
Surcharge
Agreement
shall
be generally
in the form
designated
by the Town from time to time and the Town is hereby authorized
to execute
such agreement
on behalf of the Town under authority of this By-
law. The Town may terminate an Extra Strength Surcharge Agreement at any
time in the event that the industry fails or neglects to carry out the conditions
of the approved Agreement and the termination willbe effective within 30 days
of a written notice of termination. An Extra Strength Surcharge Agreement may
be terminated
by the Town by written notice at any time where there is an
emergency
situation or immediate threat or danger to any person, property,
plant or animal life, waters or the sewage
works and the termination will be
effective immediately.
Deemed
Compliant
A person who has entered
into an Extra Strength Surcharge
Agreement
shall
be deemed not to have contravened the provisions of Section 5 of this By-law
with respect to those parameters
specified in the agreement
provided that all
of the terms and conditions of the Extra Strength Surcharge Agreement are
complied with, but in all other respects, this By-law shall continue to apply to
the person's waste.
Sewage
Service
Rates
- Lien
In accordance
with subsection
221(27)
of the Municipal Act, the sewage
service rate and the extra strength sewage
surcharge
rate imposed under this
Section is a lien and charge upon the land against which it is assessed
and if
any Owner and/or occupant
of the land fails to pay the said rate on or before
the due date, the amount unpaid may be collected by distress upon the goods
and chattels
of such Owner and/or occupant,
or by action in any competent
court and shall be charged against the property and collectable in the same
way, as nearly as may be, as municipal taxes are collectable.
10. COMPLIANCE PROGRAM
10.1.
10.2.
10.3.
Non-compliance
Period
An Owner may submit to the Town a proposed Compliance Program as set out
in Section
10.2 through
10.10 for the discharge
of a non-complying effluent
during the period of investigation, planning, design, construction or installation
of facilities to eliminate the non-compliance, only if, in the opinion of the Town,
there are no other options to eliminate the non-complying discharge.
Proposed
Compliance
Program
An Owner may submit to the Town a proposed Compliance Program to prevent
or to reduce and control the discharge
or deposit of sewage,
storm water or
uncontaminated water into a sewer lateral, storm sewer lateral, sanitary sewer,
combined sewer or storm sewer from the premises.
Compliance
Program
- Approval
Upon receipt of a proposed
Compliance
Program the Town may issue written
approval for such Compliance Program in accordance
with guidelines adopted
by the Town as amended from time to time.
Every approved
Compliance
Town of Perth By-law No. 4819
Page 16 of 28
10.4.
10.5.
10.6.
10.7.
10.8.
10.9.
10.10.
Program shall be for a specified length of time during which the facilities are to
be installed and shall be speci?c as to the remedial actions to be implemented,
the dates
of commencement
and completion,
and the materials
or other
characteristics
of the sewage,
uncontaminated
water or storm water to which
it relates.
Compliance
Program
-- Progress
Report
An Owner to whom an approved Compliance
Program
has been issued shall
submit to the Town a Compliance Program progress report within 14 days after
the
scheduled
completion
date
for each
activity listed in the
approved
Compliance
Program.
Deemed Compliant
An Owner to whom an approved
Compliance Program has been issued shall
be deemed
not to have contravened
the provisions of Sections
5 or 6 above
for the
discharge
or deposit
of any matter specified
in the
approved
Compliance
Program during the period within which the approved Compliance
Program is in effect and provided the approved Compliance
Program is being
fullycomplied with.
Sewage
Service
-
Rates
The Town may levy an extra strength
sewage
service rate as described
in
Section
9 for non-complying wastes
specified
in the approved
Compliance
Program during the period within which the approved
Compliance Program is
applicable.
Self-Monitoring
- Provisions
The Town may require the person
to self-monitor for such parameters
as
specified in the approved
Compliance Program for the duration in which the
approved Compliance
Program is applicable.
Self-Monitoring
- Costs
All costs
associated
with self-monitoring shall be the responsibility of the
person to whom the approved Compliance Program is issued.
Compliance
Programs
- Termination
The Town may terminate a Compliance
Program at any time in the event that
the person issued approval for the Compliance
Program fails or neglects
to
carry out or diligently pursue the activities required of it under its approved
Compliance
Program, and the termination willbe effective within 30 days of a
written notice of tennination whereupon
the Owner will be deemed
to be in
contravention of Sections 54 and/or 6 of this By-law.
Compliance
Programs
- Emergency
An approved
Compliance
Program may be terminated by the Town by written
notice at any time where there is an emergency
situation of immediate threat
or danger to any person, property, plant or animal life, waters or the sewage
works, and the termination willbe effective immediately.
11.SAMPLlNG AND ANALYSIS
11.1.
11.2.
Access
for Sampling
- Required
The Owner or occupant of industrial, commercial or institutional premises with
one or more connections to a sewage works shall install and maintain in good
repair in each
connection
a suitable
maintenance
access
hole to allow
observation,
sampling
and
measurement
of
the
flow
of
sewage,
uncontaminated water or storm water therein, provided that where installation
of a maintenance
access
hole is not possible, an alternative device or facility
may be substituted with the written approval of the Town.
Access
for Sampling
- Location
The maintenance
access
hole or alternative device shall be located on the
property of the premises,
as close to the property line as possible, unless the
Town has issued written approval for an alternate location.
Town of Perth By--|awNo. 4819
Page 17 of 28
11.3.
11.4.
11.5.
11.6.
Access
for Sampling
- Standards
Each maintenance
access
hole, device
or facility installed as required
by
subsection
11.1 shall be designed
and constructed
in accordance
with good
engineering
practice
and the requirements
of the municipal
standard,
as
established
by the Town from time to time, and shall be constructed
and
maintained by the Owner or occupant of the premises
at his expense.
Access
- Unrestricted
The Owner or occupant
of the commercial, institutional or industrial premises
shall at alltimes ensure that every maintenance access
hole, alternative device
or facility installed as required by subsection
11.1 is accessible to the Town for
purposes of maintaining, observing,
sampling and flow measurement
of the
sewage,
uncontaminated
water or storm water therein.
Sampling
-- Standards
The sampling
and analysis
required by this By--lawshall be carried out in
accordance
with the procedures,
modified or unmodified,
as described
in
Standard
Methods or the "Guidance Document for the Sampling and Analysis
of Wastewater
for the 1999 Model Sewer
Use By-law", or the current United
States Environmental Protection Agency methods.
Compliance
Programs
- Emergency
Compliance
or non-compliance
with this By--lawmay be determined
by the
analysis
of a grab sample
or a composite
sample
done in accordance
with
Standard
Methods and may contain additives for its preservation and may be
collected manually or by using an automatic sampling device.
12.SPlLLS
12.1.
12.2.
Notification
In the event of a spill to a sewage
works, the person responsible
and/or the
person
having the
charge,
management
and
control
of the
spill shall
immediately notify the Ontario Spills Action Centre, the Town and provide the
following information:
a)
Company name and address and location of the spill;
b)
Date, time and duration of the spill event;
c)
Complete description of the spill, including type and volume of
material discharged
and any associated
hazards as would be outlined
on a material safety data sheet;
cl)
A copy of the MSDS for the spilled material ifavailable;
e)
Details of clean up actions that have been initiated including actions
taken to prevent the material from leaving the property, and the
name(s) of any contractors that may be on site assisting with clean
up.
1')
Ifspilled material is being vacuumed or captured by another method,
the destination of the captured material
g)
Agencies noti?ed of the spill and corresponding notification times;
h)
Name and phone number of the person reporting the spill and location
where that person can be reached;
i)
Name and phone number of the person in charge of cleaning up the
spill and location where that person can be reached.
Reporting
- Requirement
The person
reporting the spill shall provide a written report containing the
above information with respect to the spill to be received by the Town within 5
days after the spill. The written report shall also include the following:
a)
Detailed description of clean-up procedures
on or off the property
including dates, times and a list of the names of any contracted
assistance
utilized during the clean-up;
b)
Weather conditions at the time of the spill and clean-up;
c)
Corrective actions to prevent a similar occurrence in the future.
Town of Perth By--lawNo. 4819
Page 18 of 28
12.3.
12.4.
Corrective
Action
The person
responsible
for the spill and / or the person having the charge,
management
and control of the spill shall do everything reasonably
possible to
contain the spill, protect the health and safety of citizens, minimize damage to
property, protect the environment,
clean up the spill and contaminated residue
and restore the affected area to its condition prior to the spill.
Costs
Allcosts incurred by the Town as a result of such discharge
shall be borne by
the person responsible
for the spill.
13.GARBAGE
GRINDERS
13.1.
13.2.
13.3.
Garbage
Grinders
- Prohibited
No person shall install any garbage-grinding
device for industrial, institutional,
commercial
or residential purposes,
the effluent from which will discharge
directly or indirectly into the sewage works.
Garbage
Grinders
Replacement
- Prohibited
No person
shall replace any existing garbage
grinding devices for industrial,
commercial or residential purposes
installed prior to the passage
of this by-
law.
Garbage
Grinders
-- Non-Conforming
Garbage
grinding devices
installed prior to the passing
of this by--lawfor
industrial, commercial or residential
purposes,
the effluent from which will
discharge
directly or indirectly into the sewage
works can remain in operation
under the following conditions:
a) The Owner or occupant of the garbage grinding device has a permit
issued by the Chief Building Official of the Town of Perth at the time the
garbage
grinding device was originally installed, ifa permit was required
at the time of original installation;
b) The quantity of waste to be processed
does not have an adverse effect
on the sewage
works; as determined solely by the Town;
c) In the event that accumulations of solid wastes are detected in a sewer
and such accumulations
are being caused by the operation of a garbage
grinding device:
1. The sewer shall be cleaned at the expense
of the Owner of the
establishment
or residence operating the garbage grinder; and,
2. The Owner of the garbage grinder shall be required to make such
improvements
to the operation or maintenance
of the garbage grinder
as the Town deems necessary
in order to prevent further
accumulations;
3. The Owner of the garbage
grinder may be required by the Town to
discontinue the use of the garbage
grinder.
14.GREASEISEDlMENT
INTERCEPTORS
14.1.
Interceptors
for Oil and Grease
- Required
Every Owner or occupant
of a restaurant
or other industrial, commercial or
institutional premises
where food is cooked, processed
or prepared,
which
premises
is connected directly or indirectly to a sewer, shall take all necessary
measures to ensure that oil and grease
are prevented from entering the sewer
and, without limiting its generality, shall install, operate and properly maintain
a grease
interceptor in any piping system at its premises that connects directly
or indirectly to a sewer.
Town of Perth By--|awNo. 4819
Page 19 of 28
14.2.
14.3.
14.4.
14.5.
Interceptors
for Oil and Lubricating
Grease
- Required
Every Owner or occupant
of a commercial, industrial or institutional premises
at which floor drains of a service garage are connected directly or indirectly to
a sewer shall install and maintain an oil interceptor designed
to prevent motor
oil and lubricating grease from passing into drainage piping which is connected
directly or indirectly to a sewer.
Interceptors
for Sediment
- Required
Every Owner or occupant
of a commercial, industrial or institutional premises
from which sediment may directly or indirectly enter a sewer, including, but not
limited to premises
using ramp drains or area drains, and car and vehicle
washing establishments
shall take all necessary
measures to ensure that such
sediment is prevented from entering the sewer.
Interceptors
-- Maintenance
and Inspection
Required
Every grease
interceptor and sediment interceptor shall be installed, operated
and maintained in accordance
with the manufacturers
instructions, and shall
be inspected and cleaned frequently to ensure that it is operating effectively.
Interceptors
-
Records
Required
Owners or occupants
of premises having grease or sediment interceptors shall
keep
a record of interceptor
maintenance
including the date(s)
on which
cleaning / maintenance occurred, the person or contractor responsible,
and the
method and destination of waste disposal, and upon request these records
shall be made available to the Town.
15. INSPECTION AND ACCESS TO PROPERTY
15.1.
15.2.
15.3.
15.4.
Inspection
Powers
The Town or any person designated
by it as inspector for purposes of this By-
law may, at reasonable times enter onto any land on which the Town supplies
sewer services for the following purposes:
a)
to inspect, repair, alter, or disconnect the sewer lateral or storm sewer
lateral, machinery, equipment and other works used to supply sewer
services to the building or land;
b)
to inspect, install, repair, replace or alter any related metering
equipment;
c)
to inspect the discharge
of any matter into the sewage
system
of the
Town or into any other sewage
system the contents of which
ultimately empty into the municipal sewage
system and may conduct
tests, measure flow and take samples for this purpose; or
d)
to investigate or determine ifthis by--law,an order, or condition to any
permit or agreement
is being complied with.
Reduce
Supply
of Water
For the purpose of carrying out an installation, inspection, repair, disconnection
or other work the Town may shut off or reduce the supply of water to any
building or land.
Access
to Dwellings
An inspector shall not enter a place being used as a dwelling unless:
a)
the consent of the occupier is first obtained, ensuring the occupier is
first advised that entry may be denied and in such circumstance,
entry
can only occur thereafter
under authority of a warrant;
b)
a warrant under section 158 of the Provincial Offences Act is
obtained;
c)
the delay necessary
to obtain a warrant or the consent of the occupier
would result in the immediate danger to the health or safety of any
person; or
d)
the entry is for the purpose of section 4.1 and the notice provisions of
this by-law have been complied with.
Entry On Land
-- Notice Requirements
Town of Perth By--lawNo. 4819
Page 20 of 28
15.5.
15.6.
Whenever an inspector exercises
a power of entry pursuant to this By-law, the
inspector shall:
a)
provide reasonable
notice of the proposed entry to the occupier of the
land by personal service or prepaid mail or by posting the notice on
the land in a conspicuous
place for three consecutive days prior to
entry;
b)
where the proposed
entry is an inspection to determine compliance
with this By-law the inspector
must provide reasonable
notice by
means of personal service only;
c)
in so far as is practicable, restore the land to its original condition
where any damage is caused by the inspection; and
d)
provide compensation
for any damage
caused and not remedied.
Town Expenses
Allcosts incurred by the Town to perform work required by this by-law shall be
charged to the Owner of the property where such work is performed and shall
be collected according to law, and until paid, such cost shall remain a lien on
such property,
and may also be collected in the like manner as taxes. The
Town shall not be held responsible
for the cost of restoration.
Access
-- Industrial-Commercial
Property
The Town or any person designated
by it as inspector for purposes of this by-
law may upon production of his or her identification enter any industrial or
commercial building or land on which the Town supplies sewer services for the
following purposes:
a)
to inspect, repair, alter, or disconnect the sewer lateral or storm sewer
lateral, machinery, equipment and other works used to supply sewer
services to the building or land;
b)
to inspect, install, repair, replace or alter any related metering
equipment;
c)
to inspect the discharge
of any matter into the sewage
system
of the
Town or into any other sewage system the contents of which
ultimately empty into the municipal sewage
system and may conduct
tests, measure
flow and take samples for this purpose; or
d)
to investigate or determine ifthis by-law, an order, or condition to any
permit or agreement
is being complied with.
16. DAMAGE TO SEWAGE WORKS
16.1.
16.2.
Liability for Damage
- Failure to Comply with By-law
Any person discharging matter, sewage,
uncontaminated water, or storm water
to the municipal sewage
works shall be responsible
for ensuring that such
matter, sewage,
uncontaminated water, or storm water conforms at all times to
the provisions of this by-law, and shall be liable for any damage
or expense
arising
out of any failure to properly check
and control such
discharge,
including the cost of investigating, repairing, cleaning or replacing any part of
any municipal sewage works damaged thereby.
Liability for Damage
-- Meters
Every person who damages
or causes or permits to be damaged
any meter,
sewer lateral, conduit, wire, rod or fitting belonging to the Town or impairs or
causes
or permits the same
to be altered
or impaired,
so that the meter
indicates less than the actual amount of the material that passes
through it,
shall be liable for any damage
or expense
arising out of any such damage,
including the cost of investigating, repairing, cleaning or replacing any part of
any municipal sewage works damaged thereby.
17.APPLlCATl0N,
ADMINISTRATIONAND ENFORCEMENT
17.1.
Application
This By-law shall apply to all sewers,
including combined,
sanitary and storm
sewers, sewage works, and any connections thereto which directly or indirectly
Town of Perth By-law No. 4819
Page 21 of 28
17.2.
17.3.
enter into such sewers or sewage works, which are publicly or privately owned
or operated
and are located within the boundaries of the Town.
Exception
This By-law does not apply to the discharge of any matter or sewage,
in an
emergency,
as determined by and approved
by the Medical Officer of Health
in the exercise of their authority under the Health Protection and Promotion
Act, R.S.O. 1990. c.H.7, as amended.
Administration
and Enforcement
This By-law shall be administered and enforced by the Town and any
Municipal By-Law Enforcement
Of?cers of the Town appointed for this
purpose.
18.0FFENCE
AND PENALTY PROVISIONS
18.1.
18.2.
18.3.
18.4.
18.5.
Prohibitions
under this By-law
No person shall:
a)
contravene
any provision of this By-law or agreement
or any order or
notice issued pursuant to this By-law;
b)
hinder or interrupt, or cause or procure to be hindered or interrupted,
the corporation or any of its of?cers, contractors,
agents, servants
or
workers, in the exercise of any of the power conferred by this By-law.
c)
Discharge or permit to be discharged
anything other than sewage
into
a sanitary sewer;
d)
Discharge or permit to be discharged anything other than sewage
into
a combined sewer;
e)
Deposit or discharge
any injurious or offensive matter into the sewage
that is not in compliance with this By-law or objects or material that
will impede or obstruct the collection or flow of sewage
in the sewers;
or
f)
Alter any meter placed upon any service pipe or connected
therewith,
within or without any building or other place, so as to lessen or alter
the amount of water registered.
Designation
-- Continuing
Offence
Every person who contravenes
any provision of Section 5, 6, or 7 of this By-
law is guilty of an offence, and all such offences are designated as continuing
amended from time to time.
Penalty
-- Continuing
Offence
Every person who is convicted of an offence under any provision of Section 5,
Part 6, or Part 7 ofthis By-law is liable, for each day or part of a day that offence
continues,
to a fine of not more than $10,000.00
per day, as provided for in
subsection 429(3) of the Municipal Act, 2001 as amended from time to time.
Penalty
-- Person
Despite
subsection
18.2 and
18.3
every
person
who
contravenes
any
provision of any other section of this By-law is guilty of an offence and on
conviction is liable to a fine of not more than $10,000.00
for a first offence and
$25,000.00
for any subsequent
offence, as provided for in subsection
429(2)
(c) of the Municipal Act, 2001 as amended from time to time
Penalty
-- Corporation
Despite subsection
18.2, 18.3 and 18.4, every corporation that contravenes
any other section of this By-law and every officer or director of a corporation
who knowingly concurs in such contravention
is guilty of an offence and on
conviction is liable to a fine of not more than $50,000.00
for a first offence and
Town of Perth By-law No. 4819
Page 22 of 28
$100,000.00
for any subsequent
offence, as provided for in subsections 425(3)
and 429(2) (a) of the MunicipaIAct, 2001 as amended from time to time.
18.6.
Prohibition
Order
The court in which the conviction has been entered, and any court of
competentjurisdiction
thereafter,
may make an order prohibiting the
continuation or repetition of the offence or the doing of any act or thing by the
person convicted directed toward the continuation or repetition of the offence,
and such order shall be in addition to any other penalty imposed on the
person
convicted.
19.VALlD|TY
19.1.
In the event any provision, or part thereof, of this By-law is found by a court of
competentjurisdiction
to be ultra vires, such provision, or part thereof, shall
be determined to be severed,
and the remaining portion of such provision and
all other provisions of this by-law shall remain in full force and effect.
20. COMMENCEMENT
20.1.
This By-law shall come into force and take effect on the date of its passing.
21. EFFECTIVE DATE:
21.1.
This By-law shall come into force and effect on the date it is passed by
Council.
Read a f' st, second
nd third time and finally passed this the 27"'day of August, 2019.
44.. .~ .
I/\tu'/'1l§2,a/lie/'Tcz,@;t"~2
Jo
Fenik, Mayor
Lauren Walton, Clerk
(Seal)
Town of Perth By-law No. 4819
Page 23 of 28
Limits for Sanitary
and Combined
Sewer Discharge
0.01
i
Parameter
limit (mgll)
BOD
300
2'
1,1,2,2
- Tetrachloroethane
0.9
A
1,2
-- Dichlorobenzene
0.05
1,4
-- Dichlorobenzene
0.08
Aldrin I Dieldrin
0.0002
Aluminum
50
'
Antimony
5
Arsenic (total)
1
Benzene
Cadmium (total)
0.2
Chloroform
0.04
Chromium (total)
0.5
Cls- 1,2 dichloroethylene
0.4
Cobalt (total)
5
Copper (total)
2
Cyanide
--
2
W
Ethylbenzene
0.06
Fluoride
10
'
Formaldehyde
0.4
Hexachlorobenzene
0.0001
Lead (total)
1
Manganese
Mercury
01
Methyl Ethyl Ketone
8
Methylene chloride
0.21
Molybdenum (total)
Nickel (total)
2
Nonylphenol ethoxylates
0.2
H
Nonylphenols
0.02
Oil and Grease (animal and veg.)
150
Town of Perth By-law No. 4819
Page 24 of 28
Oil and Grease (mineral and synthetic)
1500
if
7'
PCB's
0.001
Phenolics
1
Selenium (total)
1
5
Silver (total)
5
Styrene
0.04
5
Sulphates
Sulphides
2
Tetrachloroethylene
0.5
5
Tin
5
Titanium
TKN
100
Toluene
0.016
M
5
Total PAH's
0.005
TP
10
Trans--1,3
- dechloropropylene
0.14
Trichloroethylene
0.07
TSS
350
Vinyl Chloride
0.04
5
5
Xy'e"eS 0-ma')
(Printed: November12,2013)
0'94
Zinc (total)
Town of Perth By-law No. 4819
Page 25 of 28
SCHEDULE B
LLLLLLLLLLL
. 'ri',T.'_§.t.~°:.f$?.
3t9.T.'.'1§.9W9[D?§,9h§[S9...,
Parameter
limit (mgll)
..............................
..
BOD
15
.
.
1,1,2,2
- Tetrachloroethane
0.017
M
1,2
- Dichlorobenzene
0.005
W7
1,4--Dichlorobenzene
0.008
'
AldrinlDieIdrin
0.00008
H
H
7
Arsenic (total)
0.02
Benzene
0.002
W
"""""""""""""""
'0
Cadmium (total)
0.008
Chloroform
0.002
Chromium (total)
0.08
7
7
Cis- 1,2 dichloroethylene
0.006
V
V
'
Copper (total)
0.04
'0
.................
,.
Cyanide
Q02
,
Ethylbenzene
0.002
Hexachlorobenzene
0.00004
Lead (total)
0.12
Manganese
0.05
0
K
0000000000000000
00
Mercury
0.0004
"
N
'
'
0
Methylene chloride
0.006
W
Nickel (total)
0.08
Nonylphenol ethoxylates
0.01
Nonylphenols
0.001
*7
PCB's
0.0004
Phenolics
0.008
......................
,,
Selenium (total)
002
Silver (total)
0.12
W
H
Tetrachloroethylene
0.004
y
.
..
Toluene
0-002
.................. ..
Total PAH's
0.002
A
Town of Perth By--lawNo. 4819
Page 26 of 28
1500
0.004
. ,,
, ..
TP
0.4
Trans--1,3
-- dechloropropylene
0.006
"
Trichloroethylene
o.oo7
TSS
Xylenes (Total)
Zinc (total)
0.04
Town of Perth By-law No. 4819
Page 27 of 28
SCHEDULE C
Extra Strength
Sewer Surcharge
Fee Structure
1. The following fees are applicable to Extra Strength Surcharge
Agreements
as
permitted under Part 8 of the Sewer Use By-law. The rates are derived from
operating and maintenance
costs at the waste water treatment facilities and
pollutant removal efficiencies.
Surcharge
Parameter
Surcharge
($Ikg exceeding
by-
law limit)
Sampling and Analytical fee ............. ..
Biochemical Oxygen Demand
$0.50
(BOD)
Total Suspended
Solids (TSS)
$0.40
Total Phosphorus
(TP)
$6.00
Total Kjeldahl Nitrogen (TKN)
$4.00
................... ..$200.00/sample
2.
Notwithstanding Clause 1) of Schedule C, the following fees are applicable to
any Extra Strength Surcharge
Agreements
as permitted by Section 8 of the
Sewer Use By-law for the following use:
a) Primary Manufacturing
- Food Processing
"Primary Manufacturing
- Food Processing" means the use of lands,
buildings
or structures
where
dairy products,
food
products
and
agricultural products, including meat and poultry products, are altered,
washed,
cleaned, dusted, waxed, or otherwise processed,
prepared or
packaged
for human
consumption
but are
not consumed
on the
premises and from which such products are shipped to a wholesale or
retail outlet. A Food Processing Plant shall not include an abattoir.
Surcharge
Parameter
Surcharge
($Ikg exceeding
by-
Sampling and Analytical fee ..........
........ ..
law limit)
Biochemical Oxygen Demand (BOD)
$0.075
Total Suspended
Solids (TSS)
$0.06
Total Phosphorus
(TP)
$0.90
Total Kjeldahl Nitrogen (TKN)
$0.60
....................... $200.00/sample"
Town of Perth By--lawNo. 4819
Page 28 of 28