By-law No. 15-075 (Sewage and Land Drainage Discharge)
Peterborough, Ontario
· adopted 2015-04-27
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By-law 15-075 1
The Corporation of the City of Peterborough
By-Law Number 15-075
Being a By-law to regulate the discharge of sewage and land drainage in the City of
Peterborough
The Corporation of the City of Peterborough by the Council thereof hereby enacts as follows:
Section 1 - Definitions......................................................................................................... 2
Section 2 - Discharge to Sanitary and Combined Sewers.................................................. 5
Section 3 - Discharge to Storm Sewers..............................................................................9
Section 4 - Connection....................................................................................................... 11
Section 5 - Reports.............................................................................................................15
Section 6 - Agreements......................................................................................................16
Section 7 - Compliance Program........................................................................................17
Section 8 - Sampling and Analyses....................................................................................17
Section 9 - Spills.................................................................................................................18
Section 10 - Pollution Prevention Planning........................................................................19
Section 11 - General...........................................................................................................20
Section 12 - Offences.........................................................................................................22
Section 13 - Repeal and Effective Date..............................................................................22
Section 14 - Short Title.......................................................................................................22
Schedule 'A' - Best Management Practices (BMP) Plan....................................................23
Schedule 'B' - Industrial Sectors.........................................................................................24
Schedule 'B1' - Waste Survey Report.................................................................................27
Schedule 'B2' - Waste Survey Report Short Form..............................................................34
Schedule 'C' - Industrial Waste Surcharge Agreement.......................................................36
Schedule 'D' - Sanitary Discharge Agreement....................................................................40
Schedule 'E' - Letter of Compliance Program.....................................................................44
Schedule 'F' - Compliance Program Progress Report........................................................47
Schedule 'G' - Temporary Sanitary Discharge Agreement Form........................................48
Schedule 'H' - Discharge Limits..........................................................................................50
By-law 15-075 2
Section 1 - Definitions
1.1
In this By-law:
a.
Acute hazardous waste chemical - means a material which is an acute
hazardous waste chemical within the meaning of Ontario Regulation 347, as
amended from time to time, made under the Environmental Protection Act
(Ontario).
b.
Authorized representative - means:
i.
a principal executive officer of at least the level of vice president if the
owner or operator is a corporation; or
ii.
a general partner or proprietor if the owner or operator is a partnership,
or proprietorship, respectively; or
iii.
a duly authorized representative of the individual designated above if
such representative is responsible for the overall operation of the
facilities from which the sewage discharge originates.
c.
Biochemical oxygen demand (BOD) - means the five-day BOD 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).
d.
Biosolids - means stabilized organic solid material recovered from the
wastewater treatment process.
e.
Blowdown - means the discharge of re-circulating non-contact cooling
water for the purpose of discharging materials contained in the water, the
further build-up of which would cause concentrations in amounts exceeding
limits established by best engineering practices.
f.
City - means The Corporation of the City of Peterborough.
g.
Combined sewer - means a sewer intended to function simultaneously as a
storm sewer and a sanitary sewer.
h.
Combustible liquids - means a liquid that has a flash point not less than 37.8
degrees Celsius and not greater than 93.3 degrees Celsius as defined in the
regulations under the Transportation of Dangerous Goods Act, 1992, S.C.
1992, as amended.
i.
Commercial waste chemical - means a material which is a commercial waste
chemical within the meaning of Ontario Regulation 347, as amended from time
to time, made under the Environmental Protection Act (Ontario).
j.
Composite sample - means a volume of sewage, stormwater, uncontaminated
water, or effluent made up of three or more grab samples that have been
combined automatically or manually and taken at intervals during the sampling
period.
k.
Connection - means that part or those parts of any drain or system of drains
leading directly to a sewage works.
l.
Director - means the Director, Utility Services Department, City of
Peterborough, or his/her duly authorized representative.
By-law 15-075 3
m.
Fuels - means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other
ignitable substance intended for use as a fuel.
n.
Grab sample - means a volume of sewage, stormwater, uncontaminated
water, or effluent of at least 100 millilitres which is collected over a period not
exceeding fifteen minutes.
o.
Hauled sewage - means waste removed from a cesspool, a septic tank
system, a privy vault or privy pit, a chemical toilet, a portable toilet, or a sewage
holding tank within the meaning of Ontario Regulation 347, as amended from
time to time, made under the Environmental Protection Act (Ontario).
p.
Hauled waste - means any industrial waste which is transported to and
deposited into any location in the sewage works, excluding hauled sewage.
q.
Hazardous industrial waste - means a material which is a hazardous
industrial waste within the meaning of Ontario Regulation 347, as amended
from time to time, made under the Environmental Protection Act (Ontario).
r.
Hazardous waste chemical - means a material which is a hazardous waste
chemical within the meaning of Ontario Regulation 347, as amended from time
to time, made under the Environmental Protection Act (Ontario).
s.
ignitable waste - means a material which is an ignitable waste within the
meaning of Ontario Regulation 347, as amended from time to time, made under
the Environmental Protection Act (Ontario).
t.
Industrial - means of or pertaining to industry, manufacturing, commerce,
trade, business, or institutions as distinguished from domestic or residential.
u.
Industrial process area - means any industrial building, property or land area
which during manufacturing, processing or storage comes into direct contact
with any raw material, intermediate product, finished product, by-product, or
waste product.
v.
Inspector - means a person authorized by the City of Peterborough to carry
out observations and inspections and to take samples as prescribed by this By-
law.
w.
Monitoring manhole - 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.
x.
Manager of Environmental Protection Division - means the Manager of
Environmental Protection Division, Utility Services Department, City of
Peterborough, or his/her duly authorized representative.
y.
Matter - means any solid, liquid or gas.
z.
Municipality - means the City of Peterborough or its designated
representative.
aa.
NAICS code - means North American Industrial Classification System code
contained in either the NAICS Canada Manual published by Statistic Canada
(1997).
bb.
Non-contact cooling water - means water which is used to reduce
temperature for the purpose of cooling and which does not come into direct
contact with any raw material, intermediate product other than heat, or finished
product.
cc.
Once-through cooling water - means non-contact cooling water that has
By-law 15-075 4
been circulated once through the cooling device.
dd.
Owner/Operator - means the owner or operator of any facility or activity
subject to the provisions of this By-law.
ee.
Pathological waste - means a material which is a pathological waste within
the meaning of Ontario Regulation 347, as amended from time to time,
made under the Environmental Protection Act (Ontario) or any material
which may be designated in writing by the Chief Medical Officer of Health
(Ontario).
ff.
PCB - means any mono-chlorinated or poly-chlorinated biphenyl or any
mixture of these or mixture that contains one or more of them.
gg.
PCB waste - means a PCB waste within the meaning of Ontario Regulation
362 made under the Environmental Protection Act (Ontario).
hh.
Person - means an individual, association, partnership, corporation,
municipality, provincial or federal agency, or an agent or employee thereof.
ii.
Pesticides - means a pesticide regulated under the Pesticides Act (Ontario)
jj.
pH - means the logarithm to the base 10 of the reciprocal of the concentration
of hydrogen ions in moles per litre of solution.
kk.
Phenolic compounds - means those hydroxy derivatives of benzene, or its
condensed nuclei.
ll.
Reactive waste - means a material which is a reactive waste within the
meaning of Ontario Regulation 347, as amended from time to time, made
under the Environmental Protection Act (Ontario).
mm. Sanitary sewer - means a sewer for the collection and transmission of
domestic and industrial sewage or any combination thereof.
nn.
Severely toxic material - means any material listed in Schedule 3 of Ontario
Regulation 347, as amended from time to time, made under the Environmental
Protection Act (Ontario).
oo.
Sewage - means any liquid waste containing animal, vegetable, mineral or
chemical matter in solution or in suspension except uncontaminated water.
pp.
Sewage works - means any works for the collection transmission treatment or
disposal of sewage or any part of such works.
qq.
Sewer - means a pipe, conduit, drain, open channel, ditch or watercourse for
the collection and transmission of sewage, sewage and stormwater, or
stormwater.
rr.
Subject pollutant - means any parameter listed in Table 1 of Schedule H of
this bylaw, or any other element, material or compound designated by the
Director.
ss.
Solvent extractable matter (SEM) of animal or vegetable origin - means
grease and oil as determined by one of Methods 5520 in Standard Methods.
tt.
Solvent extractable matter (SEM) of mineral or synthetic origin - means
grease and oil as determined by one of Methods 5520 in Standard Methods.
By-law 15-075 5
uu.
Spill - means a direct or indirect discharge into 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.
vv.
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, American Water Works Association and Water Pollution
Control Federation, latest edition.
ww.
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.
xx.
Stormwater - means water from rainfall or other natural precipitation or from
the melting of snow or ice.
yy.
Subsequent conviction - means a conviction for an offence which offence
occurs after the date of conviction for an earlier offence under this By-law or any
predecessor by-law which regulated the discharge of sewage and land drainage
in the City of Peterborough.
zz.
Total Kjeldahl Nitrogen (TKN) - means the sum of the organic nitrogen and
ammonia nitrogen.
aaa. Total Suspended Solids (TSS) - means solid matter in or on a liquid which
matter is removable by filtering and dried at 103-105°C as determined by
Method 2540 in Standard Methods.
bbb. Uncontaminated water - means any water, including water from a public water
works, to which no matter has been added as a consequence of its use, or to
modify its use, by any person.
ccc. Waste disposal site leachate - means leachate from any waste disposal site.
ddd. Waste radioactive materials - means uranium, thorium, plutonium, neptunium,
deuterium, their respective derivatives and compounds and such other
substances as the Atomic Energy Control Board may by regulation designate as
being capable of releasing atomic energy or as being requisite for the
production, use or application of atomic energy.
eee. Watercourse - means an open channel, ditch or depression either natural or
artificial, in which flow of water occurs either continuously or intermittently.
fff.
Waters - means a well, lake, river, pond, spring, stream, reservoir, artificial
watercourse, intermittent watercourse, groundwater or other water or
watercourse.
Section 2 - Discharge to Sanitary and Combined Sewers
2.1.
No person shall discharge or deposit or cause or permit the discharge or
deposit of matter of a kind listed below into or in land drainage works, private
branch drains or connections to any sanitary sewer or combined sewer:
2.1.1
Matter of any type or at any temperature or in any quantity which may
be or may become a health or safety hazard to a sewage works
employee, or which may be or may become harmful to a sewage
works, or which may cause the sewage works effluent to contravene
any requirement by or under the Ontario Water Resources Act or the
Environmental Protection Act (Ontario) as amended from time to
time, or any regulation made thereunder from time to time; or which
may cause the biosolids from sewage works to fail to meet the criteria
relating to contaminants for spreading of Non-Agricultural Source
By-law 15-075 6
Material as regulated under the "Nutrient Management Act", or any
regulation made thereunder as amended from time to time; unless
the person has been advised in writing by the operator of the sewage
treatment works that the biosolids from the sewage treatment works
will never be used on agricultural lands, or which may interfere with
the proper operation of a sewage works, or which may impair or
interfere with any sewage treatment process, or which is or may
result in a hazard to any person, animal, property or vegetation; and
2.1.2
Without limiting the generality of the foregoing, any of the following:
a.
Solid or viscous substances in quantities or of such size as to
be capable of causing obstruction to the flow in a sewer,
including but not limited to ashes, bones, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, un-ground garbage, animal guts or tissues, paunch
manure, and whole blood.
b.
Sewage that may cause an offensive odour to emanate from a
sewage works, and without limiting the generality of the
foregoing, sewage containing hydrogen sulphide, carbon
disulphide, other reduced sulphur compounds, amines,
ammonia and other nitrogen compounds, trichloroethylene,
ketones sulphur dioxide and other sulphur compounds,
formaldehyde, chlorine, bromine, or pyridine, in such quantity
as may cause a nuisance or an offensive odour.
c.
Except in the case of discharge into a combined sewer,
stormwater, water from drainage of roofs, or land, water from a
watercourse, or uncontaminated water.
d.
Water, other than storm water, that has originated from a
source separate from the water distribution system of the
municipality.
e.
Sewage or uncontaminated water at a temperature greater
than 60 degrees Celsius is prohibited.
f.
Sewage having a pH less than 6.0 or greater than 11.5 is
prohibited.
g.
Sewage which consists of two or more separate liquid layers.
h.
Sewage containing dyes or colouring materials which
pass through a sewage works and discolour the sewage
works effluent.
I.
The following materials or sewage containing any of the
following in any amount:
Fuels
PCBs
Pesticides
Severely Toxic Material
Waste Radioactive Materials
j.
The following materials or sewage containing any of the
following in any amount are prohibited:
Hauled Sewage
Hauled Waste
Waste Disposal Site Leachate
By-law 15-075 7
k.
The following wastes in any amount are prohibited:
Acute Hazardous Waste
Chemicals
Combustible Liquid
Hazardous Industrial Waste
Hazardous Waste Chemical
Ignitable Waste
Pathological Waste
PCB Waste
Reactive Waste
l.
Sewage containing a concentration in excess of the limits set
forth in Table 1 of Schedule 'H'.
2.2
In determining whether the limit with respect to any matter described in sub-section 2.1
is contravened, the volume of any water that has been added for the purpose of
enabling the limit to be met and of any storm sewer discharges to a combined sewer
shall be disregarded for the purposes of calculating whether the limit has been met so
that compliance with the limit cannot be attained by dilution.
2.3
Sub-clauses 2.1.2.b. and 2.1.2.j do not prevent the discharge of human waste
provided such discharge of human waste is into an approved private branch
drain or connection to a sanitary sewer or combined sewer.
2.4
Sub-clause 2.1.2.d. does not prevent the discharge of:
a.
water taken in an amount greater than 50,000 litres per day from a
separate source when the owner or operator of the premises has a
Permit To Take Water issued by the Ontario Ministry of the Environment
and Climate Change and a copy of such permit has been provided to the
municipality; or
b.
water taken in an amount less than 50,000 litres per day from a
separate source when the owner or operator of the premises has
provided the municipality with the following information:
i.
address of premises where the water is being used;
ii.
location of the water source; and
iii.
amount of water being taken,
provided that the discharge to the sanitary sewer or combined sewer
shall be subject to an agreement with the municipality in the form as
Schedule 'D' to this By-law, or in another form approved by the
Director.
2.5
Sub-clause 2.1.2.i. does not prevent the discharge of waste radioactive
materials, where all of the following conditions are met:
a.
the waste radioactive materials are being discharged under a valid
and current license issued by the Canadian Nuclear Safety
Commission or its successor;
b.
a copy of the license has been provided to the Director; and
c.
the person has written approval from the Director permitting such
discharge.
By-law 15-075 8
2.6
Sub-clause 2.1.2.k. does not prevent the discharge of PCBs when:
a.
the owner or operator of the premises has written approval from the
municipality which expressly authorizes the discharge from the premises;
and
b.
the discharge contains a concentration of less than 5 micrograms per
litre of PCBs.
2.7
Sub-clause 2.1.2.j. does not prevent the discharge of waste disposal site
leachate when:
a.
the person has prior written approval from the Director which permits the
discharge or deposit of the waste disposal site leachate to the sewage
works, in accordance with the guidelines adopted by the City from time
to time;
b.
in the case where a Environmental Compliance Approval or order has
been issued which includes a provision for the disposal of waste disposal
site leachate to the sewage works, a copy of the Environmental
Compliance Approval or order is provided to the Director; and
c.
where the person is claiming an exemption, the person has received
written notice from the Director that the conditions of the exemption are
being met.
2.8
Sub-clause 2.1.2.j. does not prevent the discharge of hauled sewage when:
a.
the carrier of the hauled sewage operating as a waste management
system has Environmental Activity and Sector Registry issued under the
Environmental Protection Act (Ontario) or is exempt from the requirement
to have a certificate or provisional certificate of approval;
b.
the carrier has written approval from the municipality and a copy of the
most recent certificate of approval or provisional certificate and any
amendment is provided to the Director; and
c.
the carrier meets all conditions for discharge that are or may be set forth,
by the municipality, in the Hauled Wastewater Policy as amended from
time to time.
2.9
Sub-clause 2.1.2.j. does not prevent the discharge of hauled waste when:
a.
the carrier of the hauled waste operating as a waste management system
has Environmental Activity and Sector Registry issued under the
Environmental Protection Act or is exempt from the requirement to have a
certificate or provisional certificate of approval;
b.
the carrier has written approval from the municipality and a copy of the
most recent certificate of approval or provisional certificate and any
amendment is provided to the Director;
c.
hauled waste meets the conditions set out in Clauses 23(3)(c) and
25(5)(b) of Ontario Regulation 347, as amended from time to time; and
d.
the carrier meets all conditions for discharge that are or may be set forth,
by the municipality, in the Hauled Wastewater Policy as amended from
time to time.
2.10 Sub-clause 2.1.2.k. does not prevent the discharge of pathological waste that
has been decontaminated prior to discharge when:
By-law 15-075 9
a.
the owner or operator of the premises has a Environmental Compliance
Approval from the Ontario Ministry of the Environment and Climate
Change which expressly allows the discharge or written approval from the
Director of the Ontario Ministry of the Environment and Climate Change
which expressly authorizes the discharge from the premises;
b.
the owner or operator of the premises has written approval from the
municipality which expressly authorizes the discharge from the premises;
and
c.
a copy of the Environmental Compliance Approval or written authorization
referred to in clause 2.10.a has been provided to the municipality.
2.11 Sub-clause 2.1.2.d. does not prevent the temporary discharge to any sanitary
sewer or combined sewer of uncontaminated water from foundation drains or
weeping tiles collected by an existing sump pump system or an existing gravity
system, which otherwise discharges to the surface of the ground, for a period of
time acceptable to the Director, provided that the discharge to the sanitary sewer
or combined sewer shall be subject to an agreement with the Municipality in the
form of Schedule 'G', or in another form approved by the Director.
Section 3 - Discharge to Storm Sewers
3.1
No person shall discharge or cause or permit the discharge or deposit of matter
of a kind listed below into or in land drainage works, private branch drains or
connections to any storm sewer:
3.1.1
Matter of any type or at any temperature or in any quantity which
may:
a.
damage a storm sewer;
b.
interfere with the proper operation of a storm sewer;
c.
obstruct a storm sewer or the flow therein;
d.
result in a hazard or other adverse impact to any person,
animal, property or vegetation;
e.
impair the quality of the water in any waters; or
f.
result in the contravention of an approval, requirement,
direction or other order under the Ontario Water Resources Act
or the Environmental Protection Act (Ontario), as amended
from time to time, with respect to the storm sewer or its
discharge; is prohibited.
3.1.2
Without limiting the generality of the foregoing, any of the following:
a.
water at a temperature greater than 40° Celsius;
b.
water having a pH less than 6.0 or greater than 9.5;
c.
water containing dyes or colouring materials which would
require a dilution in excess of 4 parts of distilled water to 1 part
of such water to produce a mixture the colour of which is not
distinguishable from that of distilled water;
d.
water containing solvent extractable matter of animal or
vegetable origin or of mineral or synthetic origin which causes
a visible film, sheen or discolouration on the water surface;
By-law 15-075 10
e.
water having 200 per 100 millilitres Fecal coliforms;
f.
water containing a concentration in excess of the limits set
forth in Table 2 of Schedule 'H';
g.
the following matter in any amount:
Sewage
Once-through cooling water
Blowdown
h.
the following materials in any amount:
Automotive or Machine Oils and Greases Fuels
Hauled Waste
Paints and Organic Solvents PCBs
Pesticides
Severely Toxic Material
Waste Disposal Site Leachate
Waste Radioactive Materials
i.
the following hazardous wastes in any amount:
Acute Hazardous Waste Chemicals
Hazardous Industrial Waste
Hazardous Waste Chemicals
Ignitable Waste
Pathological Waste
PCB Waste
Reactive Waste
3.2
Sub-clause 3.1.2.g. does not prevent the discharge of Once-through cooling
water or Blowdown when:
a.
the Once-through cooling water or Blowdown is being discharged
pursuant to a Environmental Compliance Approval or order relating to
the premises under the Environmental Protection Act (Ontario) or the
Ontario Water Resources Act which expressly allows the discharge; or
b.
the owner or operator of the premises has written approval from the
municipality which expressly authorizes the discharge from the
premises; and
c.
a copy of the Environmental Compliance Approval or order referred to in
sub-clause 3.2.a. has been provided to the municipality.
3.3
The provisions of sub-clause 3.1.2. apply only to:
a.
the discharge or deposit of stormwater runoff from industrial process
areas to a storm sewer; and
b.
to any stormwater discharge to a storm sewer to which the matter
prohibited by sub-section 3.1 has been added for the purpose of
disposing of the matter.
3.4
The provisions of sub-clauses 3.1.2.c., 3.1.2.d., 3.1.2.e. and 3.1.2.f. do not
prevent the discharge of stormwater runoff from industrial process areas to a
storm sewer when:
a.
the owner or operator of the premises has a Environmental Compliance
Approval or order relating to the premises under the Environmental
Protection Act (Ontario) or the Ontario Water Resources Act which
expressly allows the discharge and a copy of the Environmental
Compliance Approval or order has been provided to the municipality; or
By-law 15-075 11
b.
the owner or operator of the premises has written approval from the
Municipality for a Best Management Practices Plan (BMP) which has
been prepared in accordance with Schedule 'A'.
3.5
A person may be required, by written notice from the Municipality to perform or
undertake one or more of the following activities addressing stormwater quality
from the person's property:
a.
a study on stormwater quality and/or quantity;
b.
modification and/or construction of stormwater facilities;
c.
development and implementation of a best management plan;
d.
adoption and implementation of pollution prevention techniques and
measures; or
e.
any other activity set out in the notice.
Section 4 - Connection
4.1
No person shall:
4.1.1
Erect or cause or permit to be erected any new building unless the
new building is connected to the sanitary sewer or combined sewer
for sanitary or combined sewer for sanitary drainage purposes, save
and except an accessory building not required by the Building Code
Act, 1992, S.O. 1992 or other applicable law to contain plumbing or a
sewage system.
4.1.2
Construct, install, maintain or cause or permit to be constructed,
installed or maintained, whether installed prior to the date of the
passing of this article or any of its predecessors, a direct or indirect
connection to the sanitary sewer connection which would permit
anything other than domestic and industrial sewage to discharge into
the sanitary sewer connection.
4.1.3
Sub-clause 4.1.1. shall not apply to the City so as to limit the City
from erecting or causing or permitting the erection of Class 1 or Class
4 sewage systems, as defined by the Building Code Act, 1992, S.O.
1992, on City property designated as open space or public park
lands.
4.1.4
Where no City sanitary sewer exists adjacent to a property, the
Director may exempt such property from the application of sub-clause
4.1.1., provided that the property contains no more than one single-
family dwelling and the new building is connected to a septic system
or holding system, to contain the sewage, installed and maintained in
compliance with all applicable legislation, regulations and by-laws.
4.2
In the event that a sewer connection is installed or operated in contravention of
any provision of this by-law as a whole, the Director may, until such time as the
violations are rectified, order the temporary disconnection of such sewer
connection. During any disconnection in accordance with this section, no
person shall use or cause or permit the use of such a connection.
4.3
The Director shall not order such temporary disconnection unless the Director
has first mailed to the property owner and occupant, if any, a registered letter
specifying the nature of the violation or violations of this article and indicating
the intention of the Director to order temporary disconnection of the sewer 30
days after the date of mailing, unless the Director is satisfied that the violation
or violations set out in the notice will be rectified within that time. The cost of the
By-law 15-075 12
disconnection and reconnection shall be borne by the property owner and shall
be payable to the City before any reconnection is made.
4.4.
Any person desiring a sewer connection shall apply for a permit for such
connection on forms supplied by the City and accompanied by such plans as
may be required and pay a fee for the permit. The owner of the property to be
served, or the owner's agent, shall sign the permit, and the owner shall be
responsible for the completeness and accuracy of the information furnished on
such permits and plans.
4.5
Sewer connections on public or private property:
4.5.1
A sewer connection on public property between the sewer main and
private property shall be installed:
a.
By the City at the expense of the owner on conditions and
rates determined from time to time by the City; or
b.
With the prior written consent of the Director, by the owner of
the property, at the property owner's expense under a
contract, agreement, or undertaking satisfactory to the
Director, in compliance with the City of Peterborough's
Engineering Design Standards, as it may be amended from
time to time; or
c.
If required by the Director, subject to the execution of an
agreement between the owner and the City setting out such
terms and conditions as the Director may determine are
appropriate, and the Director shall have the authority to
execute any such agreement.
4.5.2
Sewer connections on private property shall be installed by the owner
pursuant to a building permit having been issued for such purpose by
the Chief Building Official of the City and in compliance with the
Ontario Building Code, as it may be amended from time to time.
4.5.3
No direct connection or indirect interconnection between the private
storm drainage system and the private sanitary drainage system is
permitted.
4.5.4
Where a sewer connection on public property between the sewer
main and private property is installed by the owner of the private
property pursuant to sub-clause 4.5.1.b., the owner of the private
property shall pay for the cost of an inspection, the amount of which
shall be determined by the City from time to time.
4.5.5
An owner may request the City to conduct an inspection by means of
an excavation or closed circuit television inspection of any existing
municipal sewer connection deemed by the Director to be eligible for
such an inspection. In the event the City Inspector determines that an
inspection is appropriate, the owner shall deposit a sum of money
with the City, in an amount determined by the City to represent the
cost of the inspection.
4.6
In the event that any person constructs a municipal sewer connection in a
manner other than provided for in this section, the City may order the re-
excavation of the connection for the purpose of inspection and testing and, if
necessary, reconstruction of the work, and the Director may have these works
performed at the expense of the owner or disconnect the sewer connection, in
which case it shall not be reconnected except with the approval of the City.
By-law 15-075 13
4.7
Where a catch basin has been installed on private property to drain stormwater
from a driveway which slopes towards any structure located on the property, the
catch basin shall be connected to the City storm sewer where such is available,
and the installation shall include:
4.7.1
A flap gate backwater valve installed directly downstream of the
private catch basin, so that no stormwater may back up from the City
storm sewer into the private catch basin; and
4.7.2
Possible relief structures or retention processes should be predicted
such that the stormwater which has collected in the catch basin while
the above flap gate backwater valve has closed will not result in local
flooding.
4.8
Flap gate backwater valve and sump pumps required pursuant to any clause of
this article as a whole shall be installed and maintained by the owner or
operator of the premises at his or her expense.
4.9
Inflow and infiltration of stormwater into sanitary sewer system:
In this section:
a.
"Directly" shall mean by any physical connection or series of connections
that discharges the flow into the sanitary sewer system and for the
greater clarity includes any downspout, rainwater leader, catch basin
connection lead, and foundation drain lead on private property, that
permit stormwater to inflow the sanitary sewer system.
b.
"Indirectly" shall mean in any manner whatsoever whereby stormwater
enters the sanitary sewer system, and for the greater clarity includes any
situation where open joints, crack or holes in an underground sanitary
sewer system on private property permit stormwater to infiltrate the
sanitary sewer system.
4.9.1
The owner of any property which has one (1) or more downspout(s)
discharging stormwater, either directly or indirectly, into the sanitary
sewer connection shall disconnect the down-pipe from the sanitary
sewer system and shall conduct the stormwater away from the
building in such a manner that the stormwater will not accumulate at
or near the building and will not adversely affect adjacent properties.
Sanitary sewer openings must be closed in an Ontario Building Code
approved manner.
4.9.2
The owner of any property which has one (1) or more rainwater
leader(s) discharging stormwater, either directly or indirectly, into the
sanitary sewer connection shall disconnect the down-pipe from the
sanitary sewer system and shall conduct the stormwater away from
the building in such a manner that the stormwater will not accumulate
at or near the building and will not adversely affect adjacent
properties. Sanitary sewer openings must be closed in an Ontario
Building Code approved manner.
4.9.3
The owner of any property which has one (1) or more catch basin(s)
discharging stormwater, either directly or indirectly, into the sanitary
sewer connection shall disconnect the connection pipe from the
underground portions and shall conduct the stormwater to near by
storm systems in such a manner that the stormwater will not
accumulate at or near the building and will not adversely affect
adjacent properties.
By-law 15-075 14
4.9.4
The owner of any property which has one (1) or more foundation
drain connection(s) discharging, either directly or indirectly, into the
sanitary sewer connection shall disconnect the foundation drain
connection and shall complete a new connection to the municipal
stormwater network in such a manner that the stormwater will not
accumulate at or near the building and will not adversely affect
adjacent properties.
4.9.5
For the purpose of sub-clauses 4.9.1 to 4.9.4 inclusive, the work shall
be performed in compliance with the Ontario Building Code, and the
City of Peterborough's Engineering Design Standards, to the
satisfaction of the Director and the Chief Building Official.
4.9.6
Alternative solutions are allowed provided that they meet the City's
satisfaction as determined by the Director and/or the Chief Building
Official.
4.9.7
The requirements set out in subsection 4.9 shall be constructed,
installed, operated, and maintained by the owner or operator of the
premises, at his or her sole expense.
4.9.8
An owner may complete an inspection by means of an excavation or
closed circuit television inspection to determine the source of inflow
or infiltration into the sanitary sewer system. The terms of sub-clause
13.5.4. shall apply to any such investigation.
4.9.9
If, as a result of the inspection pursuant to sub-clause 4.9.8., the
City's Inspector determines that the inflow of stormwater into the
sanitary sewer system occurs solely as a result of a structural
problem in the City's portion of the connection, the provisions of sub-
clause 4.9.1. and/or 4.9.2. and/or 4.9.3. and/or 4.9.4. will not apply to
the owner with respect to the premises in relation to which the
inspection was performed and the deposit will be refunded.
4.9.10
If, as a result of the inspection pursuant to sub-clause 4.9.8., the
City's Inspector determines that the infiltration of stormwater into the
sanitary sewer system occurs as a result of structural problems in
both the City's portion of the connection and the owner's portion of
the connection, the provisions of sub-clauses 4.9.1. and/or 4.9.2.
and/or 4.9.3. and/or 4.9.4. will not apply to the owner with respect to
the premises in relation to which the inspection was performed, and
the deposit will be refunded if the owner completes repairs to the
owner's portion of the connection to correct deficiencies in that
portion of the connection identified in the inspection.
4.9.11
An owner may make an application to the Director for an exemption
from the provisions of subsection 4.9, and the Director may permit a
connection that does not comply with subsection 4.9 where there is
no practical alternate means of drainage available, and compliance
with subsection 4.9 is not feasible.
4.10 Groundwater drainage system:
4.10.1
The groundwater drainage system set out in subsection 4.10 shall be
installed and maintained by the owner or operator of the premises, at
his or her sole expense.
4.10.2
No owner of industrial, commercial or institutional premises shall do
anything which may increase design peak flow rates of stormwater or
impair the quality of stormwater discharged to a storm sewer.
By-law 15-075 15
4.10.3
The direct connection of any new private storm sewer connection to
the municipal sanitary sewer is prohibited for any new or
reconstructed residential, industrial, commercial or institutional
buildings.
4.10.4
An owner may make an application to the Director for an exemption
from the provisions of sub-clause 4.10.3., and the Director may
permit a connection that does not comply with sub-clause 4.10.3.
where there is no practical alternate means of drainage available, and
compliance with sub-clause4.10.3. is not feasible.
4.10.5
Before considering a request for an approval pursuant to sub-clause
4.10.3. the owner or operator of multi-unit residential, industrial,
commercial or institutional premises shall be required to submit to the
Director for approval a stormwater management report identifying the
stormwater quantity and quality control measures being proposed for
the site.
4.11 Stormwater drainage:
4.11.1
No person shall construct, install or maintain, or cause or permit to be
constructed, installed or maintained, drainage from any roof water
leader or downspout that conveys stormwater from any new or
reconstructed residential, industrial, commercial or institutional
buildings directly or indirectly to a sanitary sewer system for the
purpose of stormwater drainage. Stormwater shall be discharged at
grade away from the building in such a manner that the stormwater
will not accumulate at or near the building and will not adversely
affect adjacent properties.
4.11.2
Where compliance with sub-clause 4.11.1. compromises or creates a
hazardous situation and where there is no practical alternate means
of drainage systems available, an application may be made to the
City for an exemption from the provisions of sub-clause 4.11.1.
Section 5 - Reports
5.1
Notwithstanding Sections 2, 3 and 4, the owner or operator of any industrial
premises or class of industrial premises listed in Schedule 'B' shall not
discharge or deposit or cause or permit the discharge or deposit of sewage
into or in land drainage works, private branch drains or connections to any
sanitary sewer, combined sewer or storm sewer.
5.2
Subsection 5.1 does not apply with respect to any industrial premises for which
a current Waste Survey Report, prepared in accordance with subsections 5.3
and 5.4, has been filed with the Director.
5.3
The Waste Survey Report shall contain the following information and shall
be signed by an authorized representative of the owner or operator:
a.
name and address of the premises and names of its owner and operator;
b.
description of process operations, including waste discharge rates and
contaminant concentrations, hours of operation and North American
Industrial Classification System Codes (NAICS);
c.
schematic process diagram indicating waste discharge points and waste
descriptions;
d.
the generator registration number, if any, assigned with respect to the
premises under Ontario Regulation 347, as amended from time to time,
made under the Environmental Protection Act (Ontario); and
By-law 15-075 16
e.
the waste class, hazardous waste number, primary and secondary
characteristics and analytical data and the name of the laboratory if any,
furnished to the Ontario Ministry of the Environment and Climate Change
under Ontario Regulation 347, as amended from time to time, made
under the Environmental Protection Act (Ontario) relating to any material
discharged into or in land drainage works, private branch drains or
connections to any sanitary, combined or, storm sewer.
5.4
The Waste Survey Report shall be in the form attached as Schedule 'B1'. At
the discretion of the Director an industrial premises may be allowed to submit
the Waste Survey Report Short Form attached as Schedule 'B2' to meet the
requirement of subsection 5.2.
5.5
Where a change occurs in the information required under sub-clause 5.3.a.
contained in a Waste Survey Report, the owner or operator of the premises
shall submit the new information within 30 days of the change.
5.6
Where a change occurs in any information required under any of sub-clauses
5.3.b. to 5.3.e. inclusive described in a Waste Survey Report, the owner or
operator of the premises shall not discharge or deposit or cause or permit the
discharge or deposit of sewage into or in land drainage works, private branch
drains or connections to any sanitary sewer, combined sewer or storm sewer,
after 60 days after the change occurs unless a new Waste Survey Report has
been submitted setting out the change.
Section 6 - Agreements
6.1
Subject to subsections 6.2 and 6.3, 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 to an extent fixed by
agreement with the Municipality under such conditions with respect to payment
of additional sewage service rates or otherwise as may be necessary to
compensate for any additional costs of operation, repair and maintenance of
the sewage works.
6.2
a.
An Industrial Waste Surcharge Agreement can only be made for
discharge of the following parameters in sewage: suspended solids,
biochemical oxygen demand, phenolic compounds.
b.
The agreement shall be in the form as Schedule 'C', or in another form
approved by the Director, and, upon a recommendation from the
Director, the municipality is authorized to execute such agreements
under authority of this By-law.
6.3
a.
A Sanitary Discharge Agreement shall be made for the discharge of
sewage which contains water that has originated from a source separate
from the municipal water supply system.
b.
This agreement shall be in the form as Schedule 'D' and, upon a
recommendation from the Director, the municipality is authorized to
execute such agreements under the authority of By-law 05-105.
6.4
No person who has entered into an agreement with the municipality shall be
prosecuted under Section 2 of this By-law for the discharge or deposit of any
matter specified in the agreement and in compliance with the agreement during
the period within which, the agreement is applicable and so long as the
agreement is being fully complied with.
By-law 15-075 17
Section 7 - Compliance Program
7.1
A compliance program may be issued as set out in subsections 7.2 to 7.5
inclusive for the discharge of a non-complying effluent during the period of
planning, design, construction or installation of facilities to eliminate the non-
compliance.
7.2
The owner or operator of industrial premises may submit to the Director a
compliance program to prevent or to reduce and control the discharge or
deposit of matter into or in land drainage works, private branch drains or
connections to any sanitary sewer or combined sewer from the premises.
7.3
The owner or operator of industrial premises may submit to the Director a
compliance program to prevent or to reduce and control the discharge or
deposit of uncontaminated water or storm water or eliminate the discharge or
deposit of matter into or in land drainage works, private branch drains or
connections to any storm sewer from the premises.
7.4
The Director may issue an approval for a compliance program to the person
who submitted the program.
7.5
Every compliance program shall be for a specified length of time during which
the facilities are to be installed and shall be specific as to the remedial actions
to be implemented, the dates of commencement and completion, and the
materials or other characteristics of the matter, uncontaminated water or storm
water to which it relates. The final activity completion date shall not be later
than the final compliance date in the compliance program.
7.6
The compliance program shall be in the form of Schedule 'E', or in another form
approved by the Director, and upon recommendation of Director, the
municipality is authorized to execute such compliance programs under the
authority of this By-law.
7.7
A person to whom a compliance program has been issued shall submit a
compliance program progress report to the municipality's Manager of
Environmental Protection Division within 14 days after the scheduled
completion date for each activity listed in the compliance program.
7.8
The compliance program progress report shall be in the form of Schedule 'F', or
in another form approved by the Director.
7.9
A person to whom a compliance program has been issued shall not be
prosecuted under Sections 2, 3 or 4 of this By-law for the discharge or deposit
of any matter specified in the compliance program and in compliance with the
compliance program during the period within which the compliance program is
applicable and so long as the person complies fully with the compliance
program.
Section 8 - Sampling and Analyses
8.1
When a sample is required for the purpose of determining the characteristics
or contents of the sewage, uncontaminated water or stormwater to which
reference is made in this By-law,
a.
One sample alone is sufficient and, without limiting the generality of the
foregoing, the sample may be a grab sample or a composite sample,
may contain additives for its preservation and may be collected
manually or by using an automatic sampling device in accordance with
approved sampling methods as adopted by the City from time to time.
By-law 15-075 18
b.
All tests, measurements and analyses of sewage, uncontaminated
water or storm water required by the By-law shall be carried out in
accordance with the procedures, modified or unmodified, as described
in Standard Methods or analytical methods adopted and approved by
the Manager of Environmental Protection Division.
c.
For each one of the following metals: aluminium, antimony, arsenic,
bismuth, cadmium, chromium, cobalt, copper, iron, lead, manganese,
mercury, molybdenum, nickel, selenium, silver, tin, titanium, vanadium,
zirconium and zinc whose concentration is limited in Tables 1 and 2 of
Schedule 'H', the analysis shall be for the quantity of total metal, which
includes all metal both dissolved and particulate.
Section 9 - Spills
9.1
Every person who discharges or deposits or causes or permits the discharge of
sewage into or in land drainage works, private branch drains or connections to
any sanitary sewer or combined sewer shall, if such discharge or deposit is not
in the ordinary course of events forthwith notify the municipality responsible for
operating the sewage works and receiving the discharge or deposit.
9.2
Every person who discharges or deposits or causes or permits the discharge or
deposit of uncontaminated water or stormwater into or in land drainage works,
private branch drains or connections to any storm sewer shall, if such discharge
or deposit is not in the ordinary course of events forthwith notify the City
responsible for managing the land drainage works or storm sewer.
9.3
Every person who discharges or deposits or causes or permits the discharge or
deposit of any of the items listed in sub-clauses 2.1.2.i. or 2.1.2.k. into or in land
drainage works, private branch drains or connections to any sanitary sewer or
combined sewer shall, forthwith notify the City responsible for operating the
sewage works and receiving the discharge or deposit.
9.4
Every person who discharges or deposits or causes or permits the discharge or
deposit of any of the items listed sub-clauses 3.1.2.g. or 3.1.2.h into or in land
drainage works, private branch drains or connections to any storm sewer shall
forthwith notify the municipality managing the land drainage works or storm
sewer.
9.5
For any of the discharges or deposits in subsections 9.1, 9.2., 9.3. and 9.4, for
which the person is required to forthwith notify the municipality, the notification
shall include the following information:
a.
name of the person and the address of the location of spill;
b.
name of person reporting the spill and telephone number where that
person can be reached;
c.
time of the spill;
d.
type and volume of material discharged and any associated hazards; and
e.
corrective actions being taken to control the spill.
9.6
Within five days following a discharge or deposit to which subsection 9.5
applies, the person shall submit to the City a detailed written report describing
the cause of the spill and the actions taken or to be taken to prevent a
recurrence.
By-law 15-075 19
Section 10 - Pollution Prevention Planning
10.1 The Director may require the owner or operator of industrial, commercial and/or
institutional premises with one or more connections to a sewage works to
prepare a pollution prevention plan and submit to the Director a plan summary
with respect to the premises within 90 days of written notification.
10.1.1
For the purpose of Section 10, a plan refers to a pollution prevention
plan as prepared in accordance with this subsection 10.3.
10.1.2
For the purpose of Section 10, a plan summary refers to a summary
of the pollution prevention plan as prepared in accordance with
subsection 10.4
10.2 Two years after a plan summary is approved the Director may require the
owner or operator to revise and update the pollution prevention plan and the
plan summary.
10.3 Each plan shall be in the form designated by the Director for that purpose from
time-to-time.
10.3.1
In addition to any other matter or requirement designated by the City,
and notwithstanding subsection 10.3.2., each plan shall include the
following:
a.
A description of the processes at the premises which use or
produce subject pollutants.
b.
A description of those processes at the premises, which are to
be the subject of pollution prevention planning.
c.
A list of the subject pollutants present at the premises at any
stage of the operations of the premises.
d.
A description setting out the types, quantities and
concentrations of all subject pollutants discharged, directly or
indirectly, to a sewer.
e.
A description of current waste reduction, recycling, waste
treatment and pollution prevention activities with respect to
sewer discharges at the premises.
f.
A description of pollution prevention options for subject
pollutants and sewer discharge and an evaluation of those
options.
g.
A list of possible three- and six-year targets to reduce or
eliminate the discharge of subject pollutants to the City's
sewers.
h.
A declaration from an authorized person that the content of the
plan is, to the best of that person's knowledge, true, accurate
and complete.
10.3.2
The City may designate a different form for the plan with respect to
any class of industrial, commercial or institutional premises.
By-law 15-075 20
10.4 The plan summary shall be in the form designated by the Director for that
purpose from time to time.
10.4.1
In addition to any other matter or requirement designated by the
Director, and notwithstanding subsection 10.4.2., each plan summary
shall include the following:
a.
A description of the processes at the premises which use or
produce subject pollutants.
b.
A description of those processes at the premises, which are to
be the subject of pollution prevention planning.
c.
A list of the subject pollutants present at the premises at any
stage of the operations of the premises.
d.
A declaration from an authorized person that the content of the
plan summary is, to the best of that person's knowledge, true,
accurate and complete.
10.4.2
The Director may designate a different form for the plan summary
with respect to any class of industrial, commercial or institutional
premises.
10.5 In the event that an Owner/Operator submitting a plan summary is not sent
written notice from the Director that its plan summary has not been approved by
the Director within 90 days of the Owner/Operator delivering the plan summary
to the Director, the plan summary shall be deemed to have been approved by
the Director.
10.6 Where an Owner/Operator receives notice from the Director that its plan
summary has not been approved, the premises shall have 90 days to amend
and resubmit its plan summary to the Director for approval in accordance with
this bylaw.
10.7 In the event that a plan summary, which has been re-submitted to the Director
in accordance with subsection 10.6. continues to fail to comply with the
requirements of this bylaw, the Director shall so notify the Owner/Operator, and
the premises shall be deemed to be in contravention of subsection 10.1 of this
bylaw and shall continue to be in contravention of this bylaw until such time as
the Director approves of an amended plan summary resubmitted by the
premises, in accordance with this bylaw.
10.8 A copy of the pollution prevention plan and plan summary shall be kept at all
times at the premises in respect to which it was prepared and shall be available
for inspection by the Director at any time.
Section 11 - General
11.1 The owner or operator of industrial, commercial and/or institutional premises
with one or more connections to a sewage works shall install and maintain in
good repair in each connection a suitable monitoring manhole or other
monitoring point approved by the City to allow observation and sampling of
sewage, uncontaminated water or stormwater and measurement of the flow of
sewage, uncontaminated water or stormwater therein, provided that where
installation of a monitoring manhole is not possible, an alternative device or
facility may be substituted with the written approval of the Director.
11.2 The monitoring manhole or alternate device shall be located on the property of
the owner or operator of the premises, unless the Director has given written
approval for a different location.
By-law 15-075 21
11.3 Every monitoring manhole, device or facility installed as required by subsection
11.2 shall be designed and constructed in accordance with good engineering
practice and the requirements of the municipality, and shall be constructed and
maintained by the owner or operator of the premises at his/her expense.
11.4 The owner or operator of industrial premises shall at all times ensure that every
monitoring manhole, device or facility installed as required by subsection 11.2 is
at all times accessible for purposes of observing and sampling the sewage,
uncontaminated water or storm water, and measuring the flow of sewage,
uncontaminated water or storm water therein.
11.5 The municipality may require the owner or operator of industrial premises to
install and maintain devices to monitor sewage, uncontaminated water or
stormwater discharges and to submit regular reports regarding the discharges
to the municipality.
11.6 For the purpose of the administration of this By-law, an inspector may, for the
purpose of carrying out observations and inspections, enter in or upon any land
or premises, except land or premises being used as a dwelling, at any time
without a warrant, and may take such tests and samples as are necessary for
the purposes of the inspection.
11.7 No person shall prevent, hinder, obstruct or interfere in any way with the
Director or an inspector, bearing proper credential and identification, from:
a.
entering in or upon any land or premises except land or premises being
used as a dwelling house, at any reasonable time;
b.
making such tests or taking such samples as he/she deems necessary;
or
c.
inspecting or observing any plant, machinery, equipment, work or activity
for the purposes of administering or enforcing this By-law.
11.8 No person shall break, alter, damage, destroy, deface or tamper or cause or
permit the breaking, damaging, destroying, defacing or tampering with:
a.
any part of a sewage works; or
b.
any permanent or temporary device installed in a sewage works for the
purpose of measuring, sampling and testing of sewage, uncontaminated
water or stormwater.
11.9 a.
The agreement contemplated by Section 6 may be terminated by the City
on 30 days written notice if the discharge of any matter covered by such
agreement is causing a contravention of subsection 2.1.
b.
The compliance program contemplated by Section 6 may be terminated
by the City on 30 days written notice if the discharge or deposit of matter,
uncontaminated water or stormwater covered by such compliance
program is causing a contravention of subsection 2.1or 3.1.
11.10 The agreement contemplated by Section 6 and the compliance program
contemplated by Section 7 may be terminated by the City 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, or waters.
11.11 Unauthorized Entry to Sewage Works: Unless specifically authorized by the
Director, no person shall enter any sewage works.
By-law 15-075 22
11.12 No person shall install or operate within the City, any garbage shredding or
grinding device for industrial, commercial, institutional or multi-residential
purposes, the effluent from which will discharge directly or indirectly into the
sewage works without fully complying with the conditions set out in this By-law.
11.13 Every owner or operator of a premises from which dental waste amalgam may
be discharged, which waste may directly or indirectly enter a sewer, shall
install, operate and properly maintain dental waste amalgam separator(s) in
accordance with Ontario Regulation 196/03 made under the Dentistry Act.
11.14 All interceptors or traps for the removal oil, grease and solids must be
maintained by the owner, at the owner's expense, in good working order. The
owner shall produce maintenance records for the preceding eighteen month
period upon request by the municipality. The municipality shall have the right to
enter upon the premises at any time to inspect the operation and maintenance
of an interceptor.
Section 12 - Offences
12.1 Every person who contravenes any provision of this By-law is guilty of an
offence and on conviction is liable for every day or part thereof upon which such
offence occurs or continues to a fine of not more than $10,000, for a first
offence and $25,000, for any subsequent conviction.
12.2 Every corporation which contravenes any provision of this By-law is guilty of an
offence and on conviction is liable for every day or part thereof upon which such
offence occurs or continues to a fine of not more than $50,000, for a first
offence and $100,000, for any subsequent conviction.
12.3 In this By-law, subsequent conviction means a conviction for an offence which
offence occurs after the date of conviction for an earlier offence under this By-
law.
Section 13 - Repeal and Effective Date
13.1 By-law 05-104 "To regulate the discharge of sewage and land drainage in the
City of Peterborough Area" is hereby repealed on the date this By-law comes
into effect.
13.2 Notwithstanding subsection 13.1, any agreement entered into by the
municipality or a program approval issued by the Director pursuant to the
provisions of By-law 05-104 as amended, provided that such agreement was in
effect immediately prior to the passage of this By-law and further provided that
the owner or operator was not in breach of such agreement, remains in effect in
accordance with its terms and conditions.
13.3 This By-law comes into effect on the date it receives third reading.
Section 14 - Short Title
14.1 This By-law may be referred to as the "Sewer By-law".
By-law read a first, second and third time and passed this 27th day of April, 2015.
(Sgd.) Daryl Bennett, Mayor
(Sgd.) John Kennedy, City Clerk
By-law 15-075 23
Schedule 'A' to By-law 15-075 - Best Management Practices (BMP) Plan
A Best Management Practices Plan is a plan agreed to by the City with guidance from
the Ontario Ministry of the Environment and Climate Change and is developed for
activities which are associated with or ancillary to industrial manufacturing or
treatment processes. The ancillary sources addressed in a BMP plan are material
storage areas; loading and unloading areas; plant site runoff; in-plant transfer,
process, and material handling areas; and sludge and hazardous waste disposal
areas. In general, the BMP Plan will include practices used by industry for pollution
control from these sources, safety programs, fire protection, protection against loss of
valuable raw materials or products, etc. The following elements must be included in a
BMP Plan:
General
1. Name and location of facility
2. Statement of BMP policy and objectives
3. Review by plant manager
Specific
1. Establishment of BMP Committee
2. Risk Identification and Assessment
3. Reporting of BMP Incidents
4. Materials Compatibility
5. Good Housekeeping
6. Preventive Maintenance
7. Inspection and Records
8. Security
9. Employee Training
By-law 15-075, 27 April, 2015; Schedule 'A'
By-law 15-075 24
Schedule 'B' TO BY-LAW 15-075 - Industrial Sectors
NAICS
Industrial Category
212299
All Other Metal Ore Mining
213114
Support Activities for Metal Mining
213115
Support Activities for Non-metallic Minerals (except Fuels)
212399
All Other Non-metallic Mineral Mining
23561
Roofing, Siding, and Sheet Metal Contractors
337124
Metal Household Furniture Manufacturing
337125
Household Furniture (except Wood and Metal) Manufacturing
332999
All Other Miscellaneous Fabricated Metal Product Manufacturing (pt)
212399
All Other Non-metallic Mineral Mining
327999
All Other Miscellaneous Non-metallic Mineral Product Manufacturing (pt)
331112
Electrometallurgical Ferroalloy Product Manufacturing
331419
Primary Smelting and Refining of Nonferrous Metal
331492
Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except
Copper and Aluminium)
331491
Nonferrous Metal (except Copper and Aluminium) Rolling, Drawing, and
Extruding (pt)
332811
Metal Heat Treating
332431
Metal Can Manufacturing
332439
Other Metal Container Manufacturing
332999
All Other Miscellaneous Fabricated Metal Product Manufacturing (pt)
332439
Other Metal Container Manufacturing
332919
Other Metal Valve and Pipe Fitting Manufacturing
332998
Enamelled Iron and Metal Sanitary Ware Manufacturing
332919
Other Metal Valve and Pipe Fitting Manufacturing
332312
Fabricated Structural Metal Manufacturing
332321
Metal Window and Door Manufacturing
33242
Metal Tank (Heavy Gauge) Manufacturing
332322
Sheet Metal Work Manufacturing
332439
Other Metal Container Manufacturing
332323
Ornamental and Architectural Metal Work Manufacturing
332311
Prefabricated Metal Building and Component Manufacturing
332312
Fabricated Structural Metal Manufacturing
332321
Metal Window and Door Manufacturing
332323
Ornamental and Architectural Metal Work Manufacturing
33637
Motor Vehicle Metal Stamping
332116
Metal Stamping
332812
Metal Coating, Engraving (except Jewellery and Silverware), and Allied
Services to Manufacturers
332919
Other Metal Valve and Pipe Fitting Manufacturing
332999
All Other Miscellaneous Fabricated Metal Product Manufacturing
332999
All Other Miscellaneous Fabricated Metal Product Manufacturing
332117
Powder Metallurgy Part Manufacturing
332439
Other Metal Container Manufacturing
332919
Other Metal Valve and Pipe Fitting Manufacturing
332999
All Other Miscellaneous Fabricated Metal Product Manufacturing
332323
Ornamental and Architectural Metal Work Manufacturing
332999
All Other Miscellaneous Fabricated Metal Product Manufacturing
332439
Other Metal Container Manufacturing
333512
Machine Tool (Metal Cutting Types) Manufacturing
333513
Machine Tool (Metal Forming Types) Manufacturing
333518
Other Metalworking Machinery Manufacturing
42151
Metals Service Centres and Offices
42194
Jewellery, Watch, Precious Stone, and Precious Metal Wholesalers
332813
Electroplating, Plating, Polishing, Anodizing, and Colouring
334412
Bare Printed Circuit Board Manufacturing
334416
Electronic Coil, Transformer, and Other Inductor Manufacturing
44711
Gasoline Stations with Convenience Store
44719
Other Gasoline Stations
811121
Automotive Body, Paint, and Interior Repair and Maintenance
By-law 15-075 25
811112
Automotive Exhaust System Repair
811198
All Other Automotive Repair and Maintenance
811113
Automotive Transmission Repair
811111
General Automotive Repair
811118
Other Automotive Mechanical and Electrical Repair and Maintenance
811191
Automotive Oil Change and Lubrication Shops
812921
Photo finishing Laboratories (except One-Hour)
812922
One-Hour Photo finishing
62121
Offices of Dentists
62211
General Medical and Surgical Hospitals
62221
Psychiatric and Substance Abuse Hospitals
62231
Specialty (except Psychiatric and Substance Abuse) Hospitals
621511
Medical Laboratories
339116
Dental Laboratories
54138
Testing Laboratories
81232
Dry-cleaning and Laundry Services (except Coin- Operated)
48821
Support Activities for Rail Transportation
485999
All Other Transit and Ground Passenger Transportation
48541
School and Employee Bus Transportation
48711
Scenic and Sightseeing Transportation, Land
485991
Special Needs Transportation
485999
All Other Transit and Ground Passenger Transportation
48521
Interurban and Rural Bus Transportation
48541
School and Employee Bus Transportation
48849
Other Support Activities for Road Transportation
481111
Scheduled Passenger Air Transportation
481112
Scheduled Freight Air Transportation
481212
Non-scheduled Chartered Freight Air Transportation
481211
Non-scheduled Chartered Passenger Air Transportation
48799
Scenic and Sightseeing Transportation, Other
323117
Books Printing
323114
Quick Printing
323119
Other Commercial Printing
323110
Commercial Lithographic Printing
323111
Commercial Gravure Printing
323112
Commercial Flexographic Printing
323113
Commercial Screen Printing
323119
Other Commercial Printing
323116
Manifold Business Forms Printing
32591
Printing Ink Manufacturing
325188
All Other Basic Inorganic Chemical Manufacturing
325191
Gum and Wood Chemical Manufacturing
32511
Petrochemical Manufacturing
325199
All Other Basic Organic Chemical Manufacturing
32532
Pesticide and Other Agricultural Chemical Manufacturing
325998
All Other Miscellaneous Chemical Product and Preparation
Manufacturing
325992
Photographic Film, Paper, Plate, and Chemical Manufacturing
42269
Other Chemical and Allied Products Wholesalers
325211
Plastics Material and Resin Manufacturing
325611
Soap and Other Detergent Manufacturing
325412
Pharmaceutical Preparation Manufacturing
32551
Paint and Coating Manufacturing
32411
Petroleum Refineries
324191
Petroleum Lubricating Oil and Grease Manufacturing
324199
All Other Petroleum and Coal Products Manufacturing
324121
Asphalt Paving Mixture and Block Manufacturing
324122
Asphalt Shingle and Coating Materials Manufacturing
32616
Plastics Bottle Manufacturing
326191
Plastics Plumbing Fixture Manufacturing
326199
All Other Plastics Product Manufacturing
31611
Leather and Hide Tanning and Finishing
By-law 15-075 26
316999
All Other Leather Good Manufacturing
316993
Personal Leather Good (except Women's Handbag and Purse)
Manufacturing
31321
Broad woven Fabric Mills
31323
Nonwoven Fabric Mills
31332
Fabric Coating Mills
31411
Carpet and Rug Mills
313111
Yarn Spinning Mills
313112
Yarn Texturizing, Throwing, and Twisting Mills
313113
Thread Mills
313221
Narrow Fabric Mills
313241
Weft Knit Fabric Mills
313249
Other Knit Fabric and Lace Mills
313311
Broad woven Fabric Finishing Mills
313312
Textile and Fabric Finishing (except Broad woven Fabric) Mills
314991
Rope, Cordage, and Twine Mills
314992
Tire Cord and Tire Fabric Mills
314999
All Other Miscellaneous Textile Product Mills
315111
Sheer Hosiery Mills
315119
Other Hosiery and Sock Mills
315191
Outerwear Knitting Mills
315192
Underwear and Nightwear Knitting Mills
811192
Car Washes
NOTES:
NAICS = North American Industrial Classification System
By-law 15-075, 27 April, 2015; Schedule 'B'
By-law 15-075 27
Schedule 'B1' TO BY-LAW 15-075 - Waste Survey Report
Section 1 - General Information
(a) Name of Person Submitting Report: _________________________
(name)
________________________________________
__________________
(company name, corporation, owner)
(telephone no.)
________________________________________
__________________
(postal address)
(postal code)
(b) Company Officer responsible for effluent control:
___________________________________
___________________
(name)
(telephone no.)
(c) Location of Premises:
__________________________________________________________
(number, street, or road, municipality)
The information contained in this report to the best of my knowledge and belief is true,
complete and accurate.
___________________________________
(authorized representative)
___________________________________ _____________
(title)
(date)
By-law 15-075 28
Section 2 - Product or Service Information
(a) North American Industrial Classification System (NAICS)
____________________
____________________
____________________
____________________
____________________
____________________
(b) Brief description of manufacturing or service activities:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(c) Principal products produced or services rendered:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(d) Number of Employees:
plant: ____________
office: ____________
(e) Number of shifts per day: ______
Number of days per week: ______
(f) Are major processes:
batch
continuous
both
If batch, average number of batches per 24-hour day: ______
(g) Is the production subject to seasonal variation?
yes
no
If yes, briefly describe seasonal production cycle:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(h) Is there a special clean-up period?
yes
no
If yes, briefly describe clean-up period activities:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
By-law 15-075 29
Section 3 - Waste Characteristics
(a) List all sources of water supply:
____________________________________________________________________
____________________________________________________________________
(b) Type of waste discharged (check all that apply):
TYPE
AVG. FLOW/DAY (m3/day)
sanitary
_________
estimated
measured
non-contact cooling _________
estimated
measured
contact cooling
_________
estimated
measured
process
_________
estimated
measured
other
_________
estimated
measured
(c) Wastes are discharged to (check all that apply):
TYPE
AVG. FLOW/DAY (m3/day)
sanitary #1
_________
estimated
measured
sanitary #2
_________
estimated
measured
storm sewer # 1 _________
estimated
measured
storm sewer #2 _________
estimated
measured
ground water
_________
estimated
measured
surface water
_________
estimated
measured
evaporation
_________
estimated
measured
(attach additional list as necessary)
(d) Expected characteristics of wastes discharged to sanitary and storm sewers
(complete Pollutant Information Sheets for the discharge of each sewer)
(e) Monitoring point
Manhole
Other
None
By-law 15-075 30
Section 4 - Physical Lay-out
Layout sketch of property (to scale or approximate) to co-ordinate buildings, pre-
treatment works, property boundaries, effluent lines, and sanitary and storm sewer
connections. (Number sewers so that they can be related to Pollutant Information
Sheets).
Section 5 - Regulation 347 Information
For wastes discharged into or in connections to any sanitary sewer or combined sewer
or storm sewer.
(a) Generator registration number: ______________________________
For wastes discharged into or in connections to any sanitary sewer or combined sewer
or storm sewer (complete Section 6 for each sewer)
(a) Description of waste:
____________________________________________________________________
____________________________________________________________________
(b) Description of generating process:
____________________________________________________________________
____________________________________________________________________
(c) Primary characteristic:
____________________________________________________________________
____________________________________________________________________
Analytical data (if applicable):
____________________________________________________________________
____________________________________________________________________
Waste Class: ____________ Hazardous Waste Number: _______________
(d) Secondary characteristic:
____________________________________________________________________
____________________________________________________________________
Analytical data (if applicable):
____________________________________________________________________
____________________________________________________________________
Section 6 - Pre-treatment
Pre-treatment devices or processes used for treating wastes or sludge before
discharge to the sanitary sewer system (check as many as appropriate):
Air flotation
Centrifuge
Chemical precipitation
By-law 15-075 31
Chlorination
Cyclone
Filtration
Flow Equalization
Grease or oil separation, type: _______________________________________
Grease trap
Grit Removal
Ion Exchange
Neutralization, pH correction
Ozonation
Reverse Osmosis
Screening
Sedimentation
Septic tank
Solvent separation
Spill protection
Sump
Biological treatment, type ______________________________________
Rainwater diversion or storage __________________________________
Other chemical treatment, type __________________________________
Other physical treatment, type ___________________________________
Other, type ___________________________________________________
No pre-treatment provided
By-law 15-075 32
Section 7 - Pollutant Information Sheet (Controlled Matter)
Information for:
sanitary sewer
storm sewer number
Indicate by placing an "x " in the appropriate box for each listed parameter whether it
is, "known to be absent" or "known to be present" and the concentration in milligrams
per litre if present.
PARAMETER
KNOWN
PRESENT
KNOWN
ABSENT
CONCENTRATION
mg/litre
BOD
___________
Cyanide
___________
Fluoride
___________
TKN
___________
SEM(Animal & Vegetable)
___________
SEM(Mineral & Synthetic)
___________
Phenolics (4AAP)
___________
Phosphorous (Total)
___________
Chlorides
___________
Sulphates
___________
TSS
___________
Aluminium
___________
Antimony
___________
Arsenic
___________
Bismuth
___________
Cadmium
___________
Chromium
___________
Cobalt
___________
Copper
___________
Iron
___________
Lead
___________
Manganese
___________
Mercury
___________
Molybdenum
___________
Nickel
___________
Selenium
___________
Silver
___________
Tin
___________
Titanium
___________
Vanadium
___________
Zirconium
___________
Zinc
___________
Benzene
___________
Chloroform
___________
1,4-dichlorobenzene
___________
Cis-1,2-dichloroethylene
___________
Ethyl benzene
___________
Dichloromethane
___________
Tetrachloroethylene
___________
Toluene
___________
Trichloroethylene
___________
Xylenes (Total)
___________
1,1-Dichloroethylene
___________
Trans-1,2-dichloroethylene
___________
Vinyl Chloride
___________
Nonylphenols
___________
By-law 15-075 33
PARAMETER
KNOWN
PRESENT
KNOWN
ABSENT
CONCENTRATION
mg/litre
Nonylphenol ethoxylates
___________
reactive wastes
___________
severely toxic materials
___________
waste radioactive material
___________
ignitable wastes
___________
pathological wastes
___________
PCB wastes
___________
pesticides
___________
acute hazardous waste chemicals
___________
fuels
___________
hazardous industrial wastes
___________
hazardous waste chemicals
___________
By-law 15-075, 27 April, 2015; Schedule 'B1'
By-law 15-075 34
Schedule 'B2' to By-law 15-075 - Waste Survey Report Short Form
Section 1 - General Information
(a) Name of Person Submitting Report: _________________________
(name)
________________________________________
__________________
(company name, corporation, owner)
(telephone no.)
________________________________________
__________________
(postal address)
(postal code)
(b) Company Officer responsible for effluent control:
___________________________________
___________________
(name)
(telephone no.)
(c) Location of Premises:
__________________________________________________________
(number, street, or road, municipality)
The information contained in this report to the best of my knowledge and belief is true,
complete and accurate.
___________________________________
(authorized representative)
___________________________________
_____________
(title)
(date)
Section 2 - Product or Service Information
(a) North American Industrial Classification System (NAICS)
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
(b) Brief description of manufacturing or service activities:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(c) Principal products produced or services rendered:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
By-law 15-075 35
Section 3. Waste Characteristics
(a) List all sources of water supply:
_____________________________________________________________________
_____________________________________________________________________
(b) Type of waste discharged (check all that apply):
TYPE
AVG. FLOW/DAY (m3/day)
sanitary
_________
estimated
measured
non-contact cooling
_________
estimated
measured
contact cooling
_________
estimated
measured
process
_________
estimated
measured
other
_________
estimated
measured
(c) Wastes are discharged to (check all that apply):
TYPE
AVG. FLOW/DAY (m3/day)
sanitary sewer
_________
estimated
measured
storm sewer
_________
estimated
measured
ground water
_________
estimated
measured
surface water
_________
estimated
measured
evaporation
_________
estimated
measured
(attach additional list as necessary)
By-law 15-075, 27 April, 2015; Schedule 'B2'
By-law 15-075 36
Schedule 'C' to By-law 15-075 - Industrial Waste Surcharge Agreement
This Agreement made this _______ day of _________ A.D._________
Between:
The Corporation of the City of Peterborough
(hereinafter called the "City")
and
____________________________
(hereinafter called the "Company")
Recitals
A.
The City of Peterborough enacted By-law No.15-075 on the 27th day of April,
A.D., 2015 relating to the discharge of sewage and land drainage in the City of
Peterborough area, hereinafter referred to as "the By-law".
B.
The said By-law prohibits the discharge or deposit of sewage containing
certain substances in quantities in excess of the limits set by the By-law but
provides that the City may permit the discharge of sewage which would
otherwise be prohibited by the said By-laws to an extent fixed by agreement
with the City under such conditions with respect to payment or otherwise as
may be necessary to compensate for any additional costs of treatment.
C.
A person who has entered into such an agreement shall not be prosecuted
under the By-laws for discharge or deposit of sewage in accordance with the
terms of the agreement.
D.
The Company carries on an industrial activity within the City at the premises
known as ___________________ which activity produces a sewage
discharge in which the quantity of one or more of Suspended Solids,
Biochemical Oxygen Demand (hereinafter referred to as B.O.D.), or Phenolic
Compounds, is above the permissible limits set out in the said By-law which
results in materially adding to the cost of treatment at the municipal sewage
works.
Now therefore the parties hereto mutually covenant and agree as follows:
1.1
During the currency of this agreement the Quantity of Sewage Discharged by
the Company from its premises at ___________________ to the sanitary
sewer or combined sewer system shall not exceed _________ cubic metres
per day and the rate of such discharge of sewage from the said premises shall
not exceed _________ cubic metres per hour.
1.2
In calculating the quantity of sewage for the purposes of this agreement,
stormwater shall be excluded.
2.1
During the currency of this agreement only, the quality of the sewage
discharged by the Company from the said premises to the sanitary sewer or
combined sewer system may exceed the limits set by the by-law with respect to
the quantity of Suspended Solids, B.O.D., or Phenolic Compounds, provided
that they shall not exceed the following limits at any time.
By-law 15-075 37
a.
Suspended Solids ___________ milligrams/litre
b.
B.O.D. ___________ milligrams/litre
c.
Phenolic Compounds ___________ milligrams/litre
3.1
The discharge of sewage by the Company from the said premises containing
Suspended Solids, B.O.D., or Phenolic Compounds, in excess of the above
limits shall constitute a contravention of this agreement and thus a
contravention of the By-Law.
4.1
In determining the quality of sewage for the purposes of this agreement, the
volume of any stormwater or any water which is required to be deducted for the
purposes of Section 6 of By-law No. 15-075 shall be deducted and Standard
Methods as defined in the By-law shall be used.
5.1
This agreement shall remain in force from _______________ until December
31st ________ and be automatically renewed on January 1st, _______ and
annually thereafter, on the same terms unless a new agreement is reached or
this agreement is terminated as hereinafter provided.
6.1
This agreement may be terminated by the municipality at any time on 30
days written notice sent by registered mail addressed to the Company at
the said premises, if:
a.
The sewage is causing a health or safety hazard to a sewage works
employee; or
b.
The sewage is causing damage to the sewers, materially increasing their
maintenance costs or causing a dangerous condition; or
c.
The sewage is causing damage to the sewage treatment process or
causing a dangerous condition in the treatment works; or
d.
The sewage is causing the biosolids from the sewage works, to fail to
meet criteria relating to contaminants for spreading the Non-Agricultural
source Material on agricultural lands under Ontario's Nutrient
Management Act or any regulation made thereunder as amended from
time to time;
e.
The sewage is causing the sewage works effluent to contravene any
requirement by or under the Ontario Water Resources Act or the
Environmental Protection Act (Ontario); or
f.
The sewage is causing a hazard to any person, animal, property, or
vegetation; or
g.
The sewage is contrary to the said By-laws in any way other than as
provided herein.
7.1
This agreement may be terminated by the City at any time where there is an
emergency situation of immediate threat or danger to any person, property,
plant or animal life, or waters.
8.1
This agreement may be terminated by the Company at any time on three (3)
months written notice sent by registered mail addressed to the Clerk of the
Municipality.
9.1
In the event of a renewal if the City gives written notice sent by registered mail
to the Company as aforesaid at any time within thirty (30) days before or after
the start of each calendar year, that the amount of the fee or any of the limits
By-law 15-075 38
herein before set out are to be changed and no new agreement can be reached
between the City and the Company, this agreement may be terminated at the
option of the City at any time without notice ninety (90) days after the registered
notice was sent.
10.1 Except as herein otherwise expressly provided the company shall conform to
the provisions of the said by-law of the City relating to the discharge of sewage
and in the event of termination of this agreement the Company shall conform to
the provisions of the said By-law.
11.1 The Company hereby covenants and agrees to pay to the City of Peterborough
a fee based on an average excess _________ of _________ milligrams/litre, an
estimated annual plant discharge of _________ cubic metres, and at a
treatment cost set by Council on a year to year basis.
11.2 The said fee shall become due and be paid quarter yearly on the last days of
March, June, September and December in each year of any renewal until
terminated as herein provided. The fee payable for the period _____________
to December 31, _________ shall be ($_____________), payable in quarter
yearly instalments of ($____________).
12.1
The Company covenants and agrees to pay to the City of Peterborough on
demand interest on overdue amounts at the prime rate existing for the day on
which such amount is due and calculated from such date to the date of
payment.
12.2
In Subsection 12.1 "prime rate" means the lowest rate of interest quoted by
chartered banks to the most creditworthy borrowers for prime business loans
as determined and published by the Bank of Canada in the periodic
publication entitled the Bank of Canada Review.
13.1 The City of Peterborough may terminate this agreement at its option without
notice if the Company fails for more than two months to pay an overdue amount
but such termination shall not relieve the Company from its liability to make
such payment.
14.1 Where the Company has substantially reduced the quantity of the substances
discharged under the terms of this agreement by reason of the installation of
pre-treatment facilities or a change in its processes or operations, the Company
shall be entitled to a reduction in the charge so that the payments shall be
based on the reduced quantity discharged.
14.2 Provided that the effective date for the reduction in the amount of the charge
shall be on the first day following a complete calendar month from the date the
Company notifies the municipality in writing of the change, and the municipality
shall have such additional time as may be necessary in the circumstances to
take samples and re-evaluate the quantity of the waste being discharged. If
such samples indicate that the Company has reduced its waste by more than
10 percent, under the terms of this agreement, the amount of the charge will be
adjusted retroactive to the effective date mentioned above.
14.3 Where it is determined that the quantity of the substances discharged under the
terms of this agreement has increased by more than 10%, the City of
Peterborough shall be entitled to increase the charge so that payments shall be
based on the increased quantity discharged.
14.4 An increase under Subsection (3) shall not take effect until the City of
Peterborough notifies the Company in writing of the increase in the amount of
the charge, and the effective date of the increase.
15.1 This agreement shall enure to the benefit of, and be binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
By-law 15-075 39
16.1 This agreement has been reviewed and is acceptable to The Corporation of the
City of Peterborough.
In witness whereof the parties have affixed their Corporate Seals attested to by the
hands of their respective proper officers
Signed, Sealed and Delivered in the presence of:
The Corporation of the City of Peterborough
___________________________
Mayor
___________________________
Clerk
The Company
By: _______________________
Position: ___________________
By: _______________________
Position: ___________________
I/We have authority to bind the corporation.
By-law 15-075, 27 April, 2015; Schedule 'C'
By-law 15-075 40
Schedule 'D' to By-Law 15-075 - Sanitary Discharge Agreement
This agreement made this ______ day__________ of A.D. _______
Between:
The Corporation of the City of Peterborough
(hereinafter called the "City")
and
_______________________________
(hereinafter called the "Company")
Recitals
A.
The Council of the City of Peterborough on the 24th day of May, A.D. 2005,
passed By-law No. 05-105 to regulate the discharge of water obtained from a
private waterworks system into the sewer system and to charge a rate
therefore.
B.
The Company at its premises situate at __________________ (the "premises")
obtains water from a private waterworks system (the "water") and discharges
the water into a sanitary sewer or combined storm and sanitary sewer (the
"sewer") which directly or indirectly enters into the City sewer system.
Now therefore the parties hereto mutually covenant and agree as follows:
1.1
During the term of this agreement the Company may discharge the water from
its premises into the sewer.
2.1
The Company shall pay to the City, as hereinafter provided, an amount
calculated by multiplying the volume of the water discharged by the rate.
3.1
The rate shall be the rate established from time to time by By-law 05-105 and
amendments thereto.
4.1
If the Company has installed a flow measuring device or meter, satisfactory to
the Director indicating the volume of water discharged, the volume of the water
discharged into the sewer shall be the volume measured by the device or
meter.
4.2
The Company shall provide to the Director, Utility Services Department, 500
George Street North, Peterborough, Ontario, K9H 3R9, a statement setting forth
the reading on such flow measuring device or meter on each of the last days of
March, June, September and December in each year within seven (7) days of
such reading.
5.1
If the Company has not installed a flow measuring device or meter, for the
measurement of the volume of water discharged, the parties agree that
the volume of water discharged into the sewer shall be deemed to be the
volume agreed to in writing from time to time. The parties agree that, as of
the date of this agreement, the volume of water discharged into the sewer
shall be deemed to be________________.
5.2
The parties understand and agree that the volume of water in clause 5.1 is
estimated only and that a greater or lesser volume of water discharged in any
calendar month shall not affect the amount to be paid by the Company under
clause 2.1 except as hereinafter provided.
By-law 15-075 41
5.3
Where it is established to the satisfaction of the Director, Utility Services
Department for the City of Peterborough that the volume of water discharged by
the Company in any quarter year is:
a.
more than 10% greater than the volume of water specified in clause 5.1,
the Company shall pay to the City at the time of the next quarter yearly
payment following the date the Director is so satisfied, an amount equal
to the difference between the volume of water discharged and the
volume of water specified in clause 5.1 multiplied by the rate, or
b.
more than 10% less than the volume of water specified in clause 5.1, the
Company shall be credited with and deduct from the next quarter yearly
payment following the date the Director is so satisfied, an amount equal
to the difference between the volume of water specified in clause 5.1 and
the volume of water discharged multiplied by the rate.
5.4
The Company covenants and agrees to notify the Director of any in crease or
decrease in the volume of water discharged which is more than 10% greater or
lesser than the volume set forth in clause 1.1.
6.1
If the Company is discharging the water into the sewer on a batch basis and
reporting the volume of discharge each time such a discharge occurs the
parties agree that the reported volume, subject to verification from time to time,
shall be deemed to be the volume of water discharged.
6.2
The City shall calculate the amounts payable under clause 2.1 for each quarter
year based upon the reported volume and invoice the Company accordingly.
7.1
The Company covenants and agrees that the Director or his authorized
representative, may enter the premises at any time for the purpose of carrying
out inspections and may take such tests and samples as are necessary for the
purposes of the inspection.
8.1
The Company covenants and agrees upon request of the Director to provide
operating data and production records as are necessary for the purpose of
determining the volume of the water discharged.
9.1
The Company covenants and agrees to pay to the City the amounts calculated
under clause 2.1:
a.
where the Company has not installed a flow measuring device or meter,
quarter yearly in arrears on the last business days of March, June,
September and December in each year or
b.
where the Company has installed a flow measuring device or meter,
within 14 days of the date of the invoice under clause 4.3, provided that if
the Company fails to provide a statement under clause 4.2 or the City
fails to provide an invoice under clause 4.3, the payment shall be due 35
days after the last day of March, June, September and December in
each year.
c.
where the Company is discharging the water into the sewer on a batch
basis, within 14 days of the date of the invoice under clause 6.2,
provided that if the City fails to provide an invoice under clause 6.2, the
payment shall be due 35 days after the last day of March, June,
September and December in each year.
10.1 The Company covenants and agrees to pay to the City on demand interest at
the prime rate on the day on which such amount is due and calculated from
such date to the date of payment.
By-law 15-075 42
10.2 In clause 10.1 "prime rate" means the lowest rate of interest quoted by
chartered banks to the most creditworthy borrowers for prime business loans as
determined and published by the Bank of Canada in the periodic publication
entitled the Bank of Canada Review.
11.1 This agreement shall remain in force from, _______ until December 31, _____
and be automatically renewed on January 1, _______ and annually thereafter,
on the same terms unless a new agreement is reached or this agreement is
terminated as hereinafter provided.
12.1 This agreement may be terminated by the company at any time on two months'
written notice sent by registered mail addressed to the City Clerk.
13.1 This agreement may be terminated by the City at any time on a days' written
notice personally delivered to the Company at the said premises, where there is
an emergency situation of immediate threat or danger to any person, property,
plant or animal life, or water.
14.1 The City may terminate this agreement upon 15 days' notice at any time after
an amount owing hereunder is overdue for more than one month, provided that
such overdue amount is not paid within such 15- day period.
15.1 Except as herein otherwise expressly provided, the Company shall conform to
the provisions of By-law No.05-105 relating to the discharge of sewage and
land drainage in the Peterborough area.
16.1 Notice hereunder may be given by either party to the other by:
a.
Personal delivery to the address of the other party as below described,
or
b.
Prepaid registered mail addressed to the other party as below described.
16.2 The address for service of the City is:
City Clerk
City Hall
500 George Street North
Peterborough, Ontario K9H 3R9
or such other address as the City may advise in writing from time to time.
16.3 The address for service of the Company is:
or such other address as the Company may advise in writing from time to time.
17.1 In the event of the termination of this agreement, the Company shall conform to
the provisions of By-law No. 05-105 and any amendments thereto.
18.1 This agreement shall enure to the benefit of, and be binding upon the
successors and assigns of the Company.
In witness whereof the parties have affixed their Corporate Seals attested to by the
hands of their respective proper officers
By-law 15-075 43
Signed, Sealed and Delivered in the presence of:
The Corporation of the City of Peterborough
_____________________________
Mayor
_____________________________
Clerk
By: __________________________
Position: ______________________
By: __________________________
Position: ______________________
I have authority to bind the corporation.
By-law 15-075, 27 April, 2015; Schedule 'D'
By-law 15-075 44
Schedule 'E' to By-law 15-075 - Letter of Compliance Program
LETTERHEAD
Address:
Date:
Attention of:
Compliance Program Number:
In accordance with the provision of Section 6 of the City of Peterborough By-law 15-
075, you are hereby granted a compliance program subject to the following
conditions:
1. During the period covered by this compliance program only, the quality of the
___________ (sewage, uncontaminated water or stormwater) discharged by your
Company from the said premises to the __________ (sanitary, combined or storm)
sewer system may exceed the limits set by By-law 15-075 with respect to the
parameters listed below provided that they shall not exceed the following limits at
any time:
Parameter
Limit (mg/Litre)
(a)
(b)
(c)
(d)
(e)
(f)
2. The discharge of ___________ (sewage, uncontaminated water or stormwater) by
your company from the said premises containing the parameters listed in Item 1 in
excess of the limits listed in Item 1 shall constitute a contravention of this
compliance program and thus a contravention of the said By-law.
By-law 15-075 45
3.
The compliance program may be terminated at any time on 30 days written
notice sent by registered mail addressed to the Company at the said premises,
if:
a.
The sewage is causing a health or safety hazard to a sewage works
employee; or
b.
The sewage is causing damage to the sewers, materially increasing their
maintenance costs or causing a dangerous condition; or
c.
The sewage is causing damage to the sewage treatment process or
causing a dangerous condition in the treatment works; or
d.
The sewage is causing the biosolids from the sewage works, to fail to
meet the criteria relating to contaminants for spreading of Non-
Agricultural source Material on agricultural lands under Ontario's Nutrient
Management Act or any regulation made thereunder as amended from
time to time; or
e.
The sewage is causing the sewage works effluent to contravene any
requirement by or under the Ontario Water Resources Act or the
Environmental Protection Act (Ontario); or
f.
The sewage is causing a hazard to any person, animal, property, or
vegetation: or
g.
The sewage is contrary to By-law 15-075 in any way other than as
provided herein.
4.
The compliance program may be terminated at any time where there is an
emergency situation of immediate threat or danger to any person, property,
plant or animal life, or waters.
5.
This compliance program shall remain in force until _____________ provided
the following timetable is adhered to:
COMPLIANCE
PROGRAM
ACTIVITIES
SCHEDULED
COMMENCEMENT
DATE
SCHEDULED
COMPLETION
DATE
a. Select Engineer
b. Engineering
Investigation of Plant
Conditions (Industrial
Process Review &
Wastewater
Characterization)
c. Select Treatment
Process & Design Criteria
(Treatability Studies)
d. Detailed Design of
Treatment System (Plans
& Specifications)
e. Select Contractor For
Installation/ Construction
f. Commence Construction
By-law 15-075 46
COMPLIANCE
PROGRAM
ACTIVITIES
SCHEDULED
COMMENCEMENT
DATE
SCHEDULED
COMPLETION
DATE
g. Pre-treatment System
Start Up
h. Preparation of
Operations Manual
i. Operator Training
6.
You must, however, take all necessary steps to ensure that all other conditions
and parameters listed in the By-law are not exceeded, as there are no other
exemptions.
7.
You must acknowledge your acceptance of this compliance program by
returning a signed copy of this letter of compliance program within 30 days of
your receipt of the letter.
8.
This Compliance Program has been reviewed and is acceptable to The
Corporation of The City of Peterborough.
____________________________________
Manager, Environmental Protection Services
____________________________________
City Official
____________________________________
Authorized Representative
____________________________________
Company Name
By-law 15-075, 27 April, 2015; Schedule 'E'
By-law 15-075 47
Schedule 'F' to By-Law 15-075 - Compliance Program Progress Report
COMPANY NAME:
ADDRESS:
DATE SUBMITED:
AUTHORIZED REPRESENTATIVE:
1. Compliance program activity description:
2. Scheduled completion date for above activity:
3. Activity completed on schedule?
YES
NO
4. If not on schedule, indicate anticipated completion date:
5. State reason for delay, if applicable:
6. What action has been initiated to return project to original schedule?
* Report to be submitted to the Manager, Environmental Protection Services within 14
days after scheduled completion of each activity listed in the Compliance Program.
By-law 15-075, 27 April, 2015; Schedule 'F'
By-law 15-075 48
Schedule 'G' to By-Law 15-075 - Temporary Sanitary Discharge
Agreement Form
This agreement made this _______ day of ________, ______
Between:
The Corporation of the City of Peterborough
hereinafter called the "City"
and
__________________________________________________
hereinafter called the "Owner"
Recitals
A.
The Council of the City of Peterborough on the 27th day of April, 2015 passed
By-law 15-075, to regulate the discharge of uncontaminated water from a
foundation drain collected by an existing sump pump system or an existing
gravity system into the sanitary sewer system, for a specified period of time.
B.
The Owner, at its premises situate at _______________________, (the
"Premises") has an existing sump pump system or an existing gravity system
that collects uncontaminated ground water and discharges the same to the
surface of the ground, which discharge is creating safety problems and/or
causing a nuisance on the Premises and/or on the adjacent public road
allowance during certain times of the year;
Now therefore the parties mutually covenant and agree as follows:
1. During the term of this agreement, the Owner may discharge uncontaminated
ground water from the Premises into the sanitary sewer.
2. The Owner shall, during the term of this agreement, undertake to connect the
discharge of uncontaminated ground water to the storm sewer located in the public
road allowance at the earliest reasonable opportunity, under terms and conditions
to be prescribed by the Director of Utility Services for the City. (The City shall
reimburse the Owner for the cost of all plumbing and drain laying work associated
with this undertaking, upon its completion to the satisfaction of the Director of
Utility Services.)*
3. This agreement shall remain in force from _______________, until
____________. On or before the expiry of this agreement, the Owner shall
disconnect the discharge of uncontaminated ground water from the sanitary
sewer.
4. Except as herein expressly provided, the Owner shall conform to all of the
provisions of By-law 15-075, relating to the discharge of sewage and land
drainage in the Peterborough area.
5. This agreement shall enure to the benefit of, and be binding upon, the Owner and
their heirs, executors, administrators, successors and assigns.
By-law 15-075 49
Signed, Sealed & Delivered in the presence of:
The Corporation of the City of Peterborough
_________________________
Mayor
_________________________
Clerk
The Owner
_________________________
Owner
_________________________
Owner
*This sentence to be included if the City has agreed to reimburse the Owner.
By-law 15-075, 27 April, 2015; Schedule 'G'
By-law 15-075 50
Schedule 'H' to By-Law 15-075 - Discharge Limits
Table 1 - Sanitary and Combined Sewer Discharge Limits
Parameter
Limit
mg/L
Parameter
Limit
mg/L
BOD
300
Nickel
3
Cyanide
2
Selenium
5
Fluoride
10
Silver
5
TKN
100
Tin
5
SEM(Animal & Vegetable)
150
Titanium
5
SEM(Mineral & Synthetic)
15
Vanadium
5
Phenolics (4AAP)
1
Zirconium
5
Phosphorous (Total)
10
Zinc
2
Chlorides
1500
Benzene
0.01
Sulphates
1500
Chloroform
0.04
TSS
350
1,4-dichlorobenzene
0.08
Aluminium
50
Cis-1,2-dichloroethylene
4
Antimony
5
Ethyl benzene
0.16
Arsenic
1
Dichloromethane
1
Bismuth
5
Tetrachloroethylene
0.016
Cadmium
0.7
Toluene
0.4
Chromium
3
Trichloroethylene
0.4
Cobalt
5
Xylenes (Total)
1.4
Copper
2
1,1-Dichloroethylene
0.002
Iron
50
Trans-1,2-dichloroethylene
0.002
Lead
1
Vinyl Chloride
0.002
Manganese
5
Nonylphenols
0.001
Mercury
0.01
Nonylphenol ethoxylates
0.01
Molybdenum
5
By-law 15-075 51
Table 2 - Storm Sewer Discharge Limits
Parameter
Limit
mg/L
Parameter
Limit mg/L
BOD
15
Zinc
0.04
Cyanide
0.005
Benzene
0.1
Phenolics (4AAP)
0.008
Chloroform
0.002
Phosphorous (Total)
(0.4)
1,4-dichlorobenzene
0.0068
TSS
15
Cis-1,2-dichloroethylene
0.2
Arsenic
0.1
Tetrachloroethylene
0.05
Cadmium
0.001
Toluene
0.002
Chromium(Hexavalent)
0.08(0.04)
Trichloroethylene
0.02
Copper
0.04
Xylenes (Total)
0.04
Lead
0.12
1,1-Dichloroethylene
0.04
Manganese
0.05
Trans-1,2-dichloroethylene
0.2
Mercury
0.0004
Vinyl Chloride
0.6
Nickel
0.08
Nonylphenols
0.001
Selenium
0.1
Nonylphenol ethoxylates
0.01
Silver
0.12
By-law 15-075, 27 April, 2015; Schedule 'H'