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Bill 2024-51
Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 1 of 33
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2024-51
A BY-LAW TO REGULATE DISCHARGES TO THE
SANITARY AND STORM SEWER SYSTEMS OF THE
REGIONAL MUNICIPALITY OF NIAGARA AND TO
REPEAL BY-LAW NO. 27-2014
WHEREAS pursuant to sections 8 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25,
Regional Council may pass By-laws respecting sanitary and storm sewage systems;
AND WHEREAS pursuant to sections 80 and 87 of the Municipal Act 2001, the
municipality has a right of entry to inspect and take certain action with respect to
sewage systems and public utilities it supplies;
AND WHEREAS pursuant to section 425 of the Municipal Act 2001, Regional Council
may pass By-laws providing that any person who contravenes a By-law of the
municipality passed under the Municipal Act, 2001 is guilty of an offence;
AND WHEREAS Regional Council is desirous of passing a By-law to regulate discharge
to the sanitary and storm sewer systems and regulate the use of the wastewater
treatment plant facilities of The Regional Municipality of Niagara in order to: maintain
and protect the integrity of Regional infrastructure; control the quality of sewage
entering sewage works and the resulting treated effluent; and prevent adverse effects to
persons, property and the natural environment from discharges to Regional
infrastructure;
NOW THEREFORE THE COUNCIL OF THE REGIONAL MUNICIPALITY OF
NIAGARA HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS:
In this By-law unless the context specifically indicates otherwise:
"Accredited Laboratory" means a laboratory accredited in accordance with "ISO/IEC
17025: General Requirements for the Competence of Testing and Calibration
Laboratories" established by the International Organization for Standardization, as
amended or replaced from time to time, or an equivalent standard that is acceptable
to the Commissioner;
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Authorization Reference: PWC 8-2024
Minute Item: 6.1
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"Acute Hazardous Waste Chemical" means an acute hazardous waste chemical
within the meaning of Regulation 347;
"Applicant" means any Person applying for a Permit or renewal of a Permit under
this By-law;
"Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in
the biochemical oxidation of matter;
"Biosolids" means stabilized municipal sewage sludge as recovered from the
Region's wastewater treatment plants;
"Blowdown Water" means re-circulating water that is discharged from a cooling or
heating water system for the purpose of controlling the level of water in the system
or for the purpose of discharging from the system materials contained in the system,
the further build-up of which would or might impair the operation of the system;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as
amended from time to time;
"Building Sewer" means that part of a drainage system outside a building
commencing at a point 0.9 meters from the outer face of the wall of the building and
connecting the building drain to a public sewer or place of disposal of sewage;
"Chemical Oxygen Demand" or "COD" means a measure of the capacity of water to
consume oxygen as a result of oxidation of inorganic chemicals and decomposition
of organic matter;
"Colour of Liquid" means the appearance of a liquid from which the suspended
solids have been removed;
"Combined Sewer" means a sewer intended to function simultaneously as a storm
sewer and a sanitary sewer;
"Combustible Liquid" means a liquid that has a flash point not less than 37.8
degrees Celsius and not greater than 93.3 degrees Celsius;
"Commissioner" means the Commissioner of Public Works for the Regional
Corporation, or the person duly authorized to act in that person's place;
Bill 2024-51
Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 3 of 33
"Composite Sample" means two or more grab samples of a discharge to the
sewage works taken at intervals during the sampling that have been combined
automatically or manually;
"Contact Cooling Water" means water that is used in a process for the purpose of
removing heat and that has come into contact with any raw material, intermediate
product, waste product or finished product;
"Council" means the elected council of The Regional Municipality of Niagara ;
"Dewatering Activity" means a temporary activity that is:
(i) taking water from a well or otherwise extracting groundwater;
(ii) draining water from a permanent or temporary pond or other surface water
body, whether natural or man-made;
(iii) releasing water previously stored in a tank, tanker truck, vessel, or other
means of water storage;
(iv) the permanent or temporary alteration of a natural or pre-existing drainage
pattern; or
(v) any combination of the above-noted activities, where the water from such
activity would be discharged to a sewage works and such activity is related
to a construction, land development, renovation, repair, maintenance or
demolition activity at a property;
"Discharger" means a Person, association, partnership, corporation, municipality, or
an agent or employee thereof, in occupation or having the charge, management or
control of a premises, sewage, storm water, uncontaminated water or any
combination thereof, to which this By-law applies;
"Domestic Sewage" means sewage derived from human activities and includes
sewage from toilets and grey water from residential activities including but not
limited to laundry, dish washing and showers, portable toilet waste or sewage from
recreational vehicles, tour buses and other vehicle holding tanks designed for use
by the occupants of the vehicle;
"Environmental Protection Act (Ontario) or EPA" means Environmental Protection
Act, R.S.O. 1990, c. E.19 or as amended from time to time;
Bill 2024-51
Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 4 of 33
"Fees and Charges By-law" means a By-law passed by Council pursuant to section
391 of the Municipal Act, 2001 establishing fees and charges for services and
activities provided by the Region and for the use of its property, as amended and
replaced from time to time.
"Fisheries Act" means the Fisheries Act (R.S.C., 1985, c. F-14) or as amended from
time to time;
"Fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable
substance intended for use as fuel;
"Garbage" means solid wastes from the preparation, cooking and dispensing of
food and from the handling, storage and sale of produce;
"Grab sample" means a minimum sample of sewage, storm water, uncontaminated
water, groundwater or effluent suitable for analytical testing which is collected over
a period not exceeding 15 minutes;
"Groundwater" means subsurface water including water held in soil, in pores, cracks
or crevices in rocks or as a free-standing body beneath the surface;
"Hauled Sewage" means wastewater removed from a wastewater system, and
includes Domestic Sewage, Non-Domestic Sewage and/or Leachate that is
transported to a wastewater treatment plant for disposal;
"Hauled Sewage Disposal Location" means a facility designated by the Niagara
Region at a Regional Sewage Works to receive Hauled Sewage;
"Hauled Sewage Record" means a form, as provided by the Commissioner, used to
record details of a Hauled Sewage discharge and may be in any format such as
printed or electronic;
"Hazardous Industrial Waste" means hazardous industrial waste within the meaning
of Regulation 347;
"Hazardous Waste Chemical" means a hazardous waste chemical within the
meaning of Regulation 347;
"Ignitable Waste" means ignitable waste within the meaning of Regulation 347;
"Leachate" means liquid that has percolated through land disposed waste;
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Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 5 of 33
"Maintenance Access Point" means an access point in a private sewer connection
to a municipal sewage works, that may be in the form of a maintenance hole or
alternative device approved by the Commissioner, that allows for the observation,
monitoring, sampling, flow measurement, maintenance and other related activities
of the sewage, stormwater, uncontaminated water or other substance therein or
permitted by the Commissioner to discharge effluent into;
"Matter" means any solid, liquid or gas;
"MISA Protocol" means the Protocol for the Sampling and Analysis of
Industrial/Municipal Wastewater, Version 2.0 January 1, 2016, PIBS 2724e02, as
may be amended from time to time by the Ministry of the Environment and Climate
Change;
"Municipal Act" means the Municipal Act, 2001, S.O.2001, c. 25, as amended from
time to time;
"By-law Enforcement Officer" means a by-law enforcement officer appointed by
Council, or an officer, employee or agent of the Region whose responsibilities
include the enforcement of this By-law;
"Municipality" includes a local board, as that term is defined in the Municipal Act;
"Non-Contact Cooling Water" means water that is used in an industrial process, for
the purpose of removing heat, that has not come into contact with any raw material,
intermediate product, waste product or finished product of the industrial process
other than heat, but does not include blowdown water;
"Non-Domestic Sewage" means other liquid waste, that is not Domestic Sewage,
which is suitable, in the opinion of the Commissioner, for disposal and treatment at
a Wastewater Treatment Plant. Any mixture of Non-Domestic Sewage and
Domestic Sewage shall be considered Non-Domestic Sewage for the purposes of
this By-law;
"Officer" means By-law Enforcement Officer, Licensing Officer, or Police Officer;
"Ontario Water Resources Act or OWRA" means Ontario Water Resources Act,
R.S.O. 1990, c. O.40 or as amended from time to time;
"Pathological Waste" means pathological waste within the meaning of R.R.O. 1990
Reg.347, as amended from time to time, made under the Environmental Protection
Act;
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Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 6 of 33
"PCB" means any monochlorinated or polychlorinated biphenyl or any mixture of
them or mixture that contains one or more of them;
"PCB waste" means a PCB waste within the meaning of R.R.O.1990 Reg.362, as
amended, made under the Environmental Protection Act;
"Permit" means an authorization issued under this By-law to carry on an activity
specified therein and the document, certificate or card issued shall provide evidence
of such authority as the content may allow;
"Permit Holder" means a Person holding a Permit in accordance with this By-law;
"Person" includes an individual, association, organization, partnership, municipality
or other corporation and includes an agent or employee of any of them;
"Pesticide" means a pesticide or herbicide regulated under the Pesticides Act,
R.S.O. 1990, c. P.11, as amended;
"Phenolics, 4AAP" means those organic compounds that contain a hydroxyl group
directly bound to a carbon atom in a benzene ring which can be identified by the 4-
Aminoantipyrene method (4-AAP);
"Reactive Waste" means a reactive substance within the meaning of Regulation
347;
"Recreational Vehicle Holding Tank Waste" or "RV Waste" means waste produced
in a vehicle that is derived from human activities including but not limited to human
body waste, toilet or other bathroom waste, waste from other showers or tubs, liquid
or water borne culinary or sink waste, laundry waste or similar waste that would
normally be carried away by a sewer connected to a residential property if it were
not produced in a vehicle;
"Regional Corporation", "Region", or "Niagara Region" means The Regional
Municipality of Niagara;
"Regional Sewer or Regional Sewage Works or Regional Storm Sewer" means
respectively a sewer, sewage works, or storm sewer, under the ownership or control
of the Regional Corporation;
"Sanitary Sewer" means a sewer for the collection and transmission of sewage and
to which storm water, surface water and ground water are not intentionally added;
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Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 7 of 33
"Severely Toxic Waste" means any contaminant listed in Schedule 3 of Regulation
347 or waste containing such a contaminant;
"Sewage" means any one or combination of Domestic Sewage or Non-Domestic
Sewage or water borne wastes from residences, businesses, institutions or
industries, together with such ground, surface and storm waters which may be
present, and referred to at times as "Wastewater";
"Sewage Generator" or "Generator" means the owner or operator of a facility or
property generating Sewage that is to be transported to a Regional Sewage Works;
"Sewage Hauler" means any Person who carries Hauled Sewage in a vehicle, other
than a recreational vehicle, from the Sewage Generator to a Regional Sewage
Works and includes an employee of the Person;
"Sewage Hauler Permit" means authorization granted by the Region to a Sewage
Hauler annually for the deposit of Hauled Sewage issued under Section 11 of this
By-law;
"Sewage Works" means all sanitary sewers, sewer systems, sewage pumping
stations, wastewater treatment plants and all other works for the collection,
acceptance, transmission, treatment or disposal of sewage but does not include
plumbing or other works to which the Building Code Act applies;
"Sewer" means a pipe or conduit for the collection and transmission of sewage or
stormwater or groundwater;
"Spill" means a direct or indirect discharge or deposit to the Regional Sewage
Works which is abnormal in quality or quantity in light of all the circumstances of the
discharge;
"Storm Sewer" means a sewer for the collection and transmission of
uncontaminated water, storm water, groundwater, drainage from land or from a
watercourse or any combination thereof;
"Storm Water" means water from rainfall, other natural precipitation, or from the
melting of snow or ice;
"Uncontaminated Water" means potable water as supplied by the Municipality or
any other water to which no matter has been added as a consequence of its use, or
to modify its use;
Bill 2024-51
Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 8 of 33
"Waste Radioactive Prescribed Substances" means uranium, thorium, plutonium,
neptunium, deuterium, their respective derivatives and compounds and such other
substances as the Canadian Nuclear Safety Commission may by regulation
designate as being capable of releasing atomic energy or as being requisite for the
production, use or application of atomic energy;
"Wastewater Treatment Plant" or "WWTP" means any arrangement of devices and
structures used by the Region for treating sewage for which a Provincial approval
was issued;
"Watercourse" means an open channel, canal or ditch constructed as or resulting
from the construction of a municipal work in which a flow of storm water occurs
either continuously or intermittently, including road ditches, other natural
depressions or watercourses draining into any such open channel or ditch whether
connected to a storm sewer or not.
2. LIMITATION:
2.1.
Nothing in this By-law shall be so construed as to permit anything, which by
the provisions of any applicable Act, Regulation or By-law is otherwise
prohibited.
2.2.
This By-law shall not apply to discharges, activities or matters undertaken by
the Region.
3. ADMINISTRATION AND ENFORCEMENT:
3.1.
The Commissioner is responsible for the administration of this By-law and
shall have all the necessary authority to administer this By-law.
3.2.
Without limiting subsection 1 of this section, the Commissioner shall have the
authority to:
a) Prescribe administrative forms and processes related to the issuance of
Permits and agreements hereunder;
b) Impose or modify special conditions for any Permit, approval or agreement
issued under this By-law; and
c) Approve connections to a Regional Sewage Works which are permanent
or temporary.
3.3.
The Commissioner may assign duties or delegate tasks to other Regional
employees under this By-law.
Bill 2024-51
Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 9 of 33
3.4.
An Officer, the Commissioner, or any person authorized by the Commissioner
may, at all reasonable times, enter upon and inspect any land and buildings
for the purposes of inspection or enforcing this By-law; including but not
limited to determining compliance with this By-law, determining compliance
with the terms and conditions of a permit, written approval or discharge
agreement under this By-law, or laying charges under this By-law.
3.5.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this this by-law.
Any Person who hinders or obstructs, or attempts to hinder or obstruct, an
Officer, the Commissioner, or any person authorized by the Commissioner, in
the discharge of his or her duties under this By-law, shall be considered in
violation of this By-law.
4. USE OF SANITARY AND COMBINED SEWERS:
No Person shall discharge or deposit or cause or permit the discharge or deposit into
any Sanitary or Combined Sewer or into any Sewer or Sewer system connected directly
or indirectly with any Regional Sanitary Sewer any of the following:
4.1.
Any Matter or quantity of Matter which may be harmful to or may become
harmful to the Sewage Works;
4.2.
Matter which may interfere with the proper operation of the Sewage Works;
4.3.
Matter which may impair or interfere with any Sewage treatment process;
4.4.
Matter which may obstruct or may tend to obstruct any Sewer or the flow of
the Sewer;
4.5.
Matter which may become a hazard to persons, property or animals;
4.6.
Sewage volumes or matter whose daily discharge exceeds twenty percent
(20%) of the annual average daily flow or loadings to the receiving Regional
WWTP component of the Sanitary Sewage Works, unless otherwise
approved in writing by the Commissioner;
4.7.
Sewage containing Pesticides, except where used for the control of vector
borne diseases as authorized by the Medical Officer of Health;
4.8.
Sewage containing dyes or colouring materials which pass through a Sewage
Works and discolour the Sewage Works effluent;
4.9.
Sewage at a temperature in excess of 60 degrees Celsius;
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Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 10 of 33
4.10. Flammable or explosive matter;
4.11. Any quantity of matter capable of obstructing the flow in or interfering with the
proper operation or capacity of any part of the Sewage Works, or resulting in
increased maintenance activities and without limiting the generality of the
foregoing:
a) any such quantity of ashes, cinders, sand, straw, mud, shavings, metal,
glass, garbage, wipes, rags, feathers, plastic, wood or cellulose;
b) waste from catch basins, grit traps, floor troughs, oil/water separators;
c) waste from dissolved air flotation (DAF) units;
d) waste from directional boring activities;
e) waste containing surfactants, foam, or steam in such a quantity that
interferes with the proper operation of any part of the sewage works;
f) Hauled Sewage except in accordance with Section 11 of the By-law; or
g) RV Waste except at a location and time as designated by the
Commissioner;
4.12. Sewage containing pathological waste, except that which is decontaminated
prior to discharge or is otherwise approved by the Commissioner;
4.13. Sewage having a pH less than 6 or greater than 11 or which due to its nature
or content becomes less than 6 or greater than 11 within a Sewage Works;
4.14. 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, reduced sulphur compounds, amines,
or ammonia, in such quantity that may cause an offensive odour to emanate
from the Sewage Works;
4.15. Sewage containing animal waste, and without limiting the generality of the
foregoing, Sewage containing intestines, stomach casings, intestinal
contents, hides, hooves, toenails, horns, bones, poultry heads, hair, wool, fur,
feathers, paunch manure or fleshings in a quantity sufficient to interfere with
the proper operation of the Sewage Works;
4.16. Any garbage or any food waste which has not been properly shredded so that
all particles will be carried freely under typical flow conditions in the Sewage
Works;
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Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 11 of 33
4.17. Sewage containing any of the following matter in excess of the concentrations
indicated in Table 1. Where the parameter listed in column one of Table 1 is a
metal, the limit in column two is based on the total for that metal unless
otherwise specified:
Table 1 - Limits for Sanitary and Combined Sewers
Parameter
Limit
(mg/L)
Antimony
5
Arsenic
1
Benzene
0.01
Biochemical Oxygen Demand
300
BEHP - Bis (2-ethylhexyl phthalate)
0.28
Cadmium
0.7
Chemical Oxygen Demand
600
Chloroform
0.04
Chromium
3
Cobalt
5
Copper
3
Cyanide
1
1,2-dichlorobenzene
0.05
1,4-dichlorobenzene
0.08
Ethylbenzene
0.16
Fluoride
10
Lead
1
Mercury
0.01
Methylene Chloride
0.21
Molybdenum
5
Nickel
2
o-Xylene
0.52
PCBs
0.0001
Phenolics (4AAP)
1
Selenium
1
Silver
5
Solvent Extractables - animal or vegetable
in origin
150
Solvent Extractables - mineral or synthetic
in origin
15
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Authorization Reference: PWC 8-2024
Minute Item: 6.1
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Parameter
Limit
(mg/L)
Sulphate
1500
Sulphides
1
1,1,2,2 - Tetrachloroethane
0.04
Tetrachloroethylene
0.05
Tin
5
Toluene
0.2
Total Kjeldahl Nitrogen
100
Total Phosphorus
10
Total Suspended Solids
350
Trichloroethylene
0.05
Xylenes
1.4
Zinc
3
4.18. Waste radioactive prescribed substances, except where the waste radioactive
prescribed substances are being discharged under a valid license issued by
the Canadian Nuclear Safety Commission, or successor agency;
4.19. Storm Water, water from drainage of roofs or building foundations or land or
from a watercourse, or groundwater, or non-purchased municipal water, or
uncontaminated water except that which may be discharged into a Combined
Sewer;
4.20. Sewage which consists of two or more separate liquid layers;
4.21. PCB waste;
4.22. Water containing PCBs, except where:
a)
The discharger has an approval for a mobile site or PCB mobile waste
disposal system issued under the EPA or where the discharger is
claiming an exemption and the discharger has demonstrated to the
Commissioner that the conditions of the exemption are met;
b)
A copy of the most recent approval and any amendment is provided to
the Commissioner;
c)
The discharger has written approval from the Commissioner for the
discharge of the PCB containing water to the Sewage Works; and
d)
All requirements of Ontario Reg. 362 and Ontario Reg. 352, as
amended, under the EPA are met;
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4.23. Water originating from a source other than a municipal water system or a
dewatering activity or uncontaminated water from outside a municipal water
system to a sanitary sewer, except where it is permitted by the
Commissioner;
4.24. Regardless of any limitations set forth in this By-law, any quantity of matter,
which may prevent the disposal or application of biosolids on land based on
limitations set forth in the Ontario Nutrient Management Act, S.O. 2002. C. 4
or any successor guidelines or regulation(s);
4.25. Regardless of any limitations set forth in this By-law, any volume or quantity
of matter which may cause the receiving Regional Sewage Works or WWTP
to exceed the limits within its current Environmental Compliance Approvals as
issued by the Ontario Ministry of the Environment, Conservation and Parks;
4.26. Regardless of any limitations set forth in this By-law, any volume or quantity
of matter which may cause the discharged effluent from the receiving
Regional Sewage Works or WWTP to exceed any limits set forth by any
regulatory body.
5. INTERCEPTORS FOR GREASE, OIL AND SAND:
5.1.
Every owner or operator of a restaurant or other industrial, institutional, or
commercial building where food is cooked, processed or prepared shall install
an interceptor for oil and grease designed to prevent oils and greases from
entering the Sewer system, unless otherwise approved by the Commissioner.
5.2.
Every owner or operator of a motor vehicle service station, mechanical repair
shop, or any other establishment where motor vehicles are repaired,
lubricated, or maintained that has a discharge to a Sanitary or Combined
Sewer, shall provide an interceptor for oil and grease designed to prevent oils
and greases from entering the Sewer system, unless otherwise approved by
the Commissioner.
5.3.
Every owner or operator of a facility where sand, grit or similar material may
directly or indirectly enter a Sanitary or Combined Sewer shall take all
necessary measures to ensure that such grit is prevented from entering the
Sewer. Such measures may include the installation and maintenance of
interceptors or other appurtenances as approved by the Commissioner.
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5.4.
Every owner or operator of a dental practice shall install and maintain a dental
waste amalgam separator and comply with the Dentistry Act, 1991, S.O.
1991, c.24, and the regulations made thereunder, as amended from time to
time, for the management and disposal of amalgam waste.
5.5.
Any interceptor or separator described in Section 5.1, 5.2, 5.3, or 5.4 shall be
installed in compliance with the most current requirements of the Building
Code Act and regulations thereunder as amended from time to time.
Interceptors shall be maintained by the owner or operator, at their expense, in
good working order. The owner or operator shall produce a maintenance
schedule and maintenance records for the preceding eighteen (18) month
period upon request by the Commissioner. Maintenance requirements and
cleaning frequency for the interceptors or separators shall be in accordance
with the manufacturer's recommendations, which shall be provided upon
request. Maintenance requirements and cleaning frequency shall be posted at
the site in a conspicuous location in proximity to the interceptor.
6. MAINTENANCE ACCESS POINTS:
6.1.
The owner or occupant of commercial, institutional, or industrial premises,
with one or more connections to a sewage works, shall install and maintain in
good repair, in each connection, a suitable Maintenance Access Point.
6.2.
Every Maintenance Access Point shall be located on the property of the
commercial, institutional or industrial premises, as close to the property line
as possible, unless otherwise approved by the Commissioner.
6.3.
Every Maintenance Access Point installed as required by this Section 6 of the
By-law shall be designed and constructed in accordance with Niagara Region
Standard RSD-001, as may be amended from time to time and shall be
constructed and maintained by the owner or operator of the premises at their
cost.
6.4.
The owner or occupant shall at all times ensure that every Maintenance
Access Point installed as required by this By-law is, at all times, accessible for
the purpose of observing, sampling and measuring the flow of Sewage
therein.
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Minute Item: 6.1
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6.5.
The owner or occupant of commercial, institutional, or industrial premises
shall provide the Commissioner written notification of the installation of
Maintenance Access Points and their location or the upgrading of existing
Maintenance Access Points, for each connection to the Sewage Works at the
site of a discharger, for the purpose of monitoring or sampling discharges.
7. SAMPLING AND ANALYTICAL REQUIREMENTS:
7.1.
The Commissioner may require the owner or occupant of commercial,
institutional, or industrial premises to collect and analyze samples of Storm
Water and/or Sewage discharges, to install devices to monitor Storm Water
and/or Sewage discharges, and to submit regular reports regarding the
discharges, at its expense.
7.2.
All measurements, tests, and analysis of the characteristics of the Storm
Water and/or Sewage and wastes to which reference is made in this By-law,
shall be carried out at the Maintenance Access Point required pursuant to this
By-law or upon suitable samples taken therefrom.
7.3.
All samples collected for the purposes of compliance with this By-law shall be
collected in accordance with the most recent edition of the MISA Protocol or
other protocol as approved by the Commissioner. All analyses on samples
collected for compliance with this By-law shall be tested by an Accredited
Laboratory.
7.4.
The Region may establish non-compliance with this By-law on the basis of
the analysis of a Grab sample or a Composite sample of a discharge. The
sample may contain additives for its preservation. Samples may be collected
manually or by using automated sampling equipment.
8. BUILDING SEWERS:
8.1.
No Person shall connect or cause or permit the connection of any roof water
leader, eaves trough, downspout or building foundation drain (weeping tile or
sumps) directly to a Sanitary Sewer or a Sewer which ultimately discharges to
a Regional Sewage Works.
9. STORM SEWER REQUIREMENTS:
9.1.
No person shall discharge or cause or permit a discharge to a Regional Storm
Sewer or to a storm sewer directly or indirectly connected to a Regional
Storm Sewer unless:
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a) The discharge is uncontaminated Non-Contact Cooling Water or Storm Water
or uncontaminated water;
b) The discharge does not interfere with the proper operation of a Storm Sewer;
c) It does not obstruct or restrict a Storm Sewer or the flow therein;
d) The discharge does not result in any hazard or other adverse impact, to any
person, animal, property, or vegetation;
e) The discharge does not impair the quality of the water in any well, lake, river,
pond, spring, stream, reservoir or other water or Watercourse;
f) The discharge does not contravene or result in the contravention of an approval
issued under the OWRA or the EPA, as amended, with respect to the Storm
Sewer and/or its discharge from the Storm Sewer into a Watercourse;
g) The discharge does not contravene or result in the contravention of the
Fisheries Act with respect to the Storm Sewer and/or its discharge from the
Storm Sewer into a Watercourse;
h) The discharge does not have one or more of the following characteristics:
i.
visible film, sheen or discolouration;
ii.
two or more separate layers;
iii.
a pH less than 6.0 or greater than 9.0; or
iv.
a temperature greater than 40 degrees Celsius;
i) The discharge does not contain one or more of the following:
i.
Acute Hazardous Waste Chemical;
ii.
Blowdown Water;
iii.
Combustible Liquid;
iv.
floating debris;
v.
Fuel;
vi.
Hauled Sewage;
vii.
Hazardous Industrial Waste;
viii.
Hazardous Waste Chemical;
ix.
Ignitable Waste;
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x.
Pathological Waste;
xi.
Pesticide;
xii.
Reactive Waste;
xiii.
Severely Toxic Waste;
xiv.
Sewage;
xv.
Waste Radioactive Prescribed Substance;
xvi.
Leachate;
xvii.
Contact Cooling Water;
xviii.
a substance from raw material, intermediate product, finished
product, by-product or waste product of an Industrial process; or
xix.
a substance used in the operation or maintenance of an Industrial
site;
j) The discharge does not contain E.coli colonies in excess of 200 colony
forming units (cfu) per 100 milliliters; contain contaminants from raw material,
intermediate product, finished product, by-product or waste product of an
industrial process;
k) The discharge is from a Dewatering Activity entering a Regional Sewer
authorized by the Commissioner under a Batch Discharge or Dewatering
Permit.
9.2.
If, in the opinion of the Commissioner, the installation of treatment works or
other devices is necessary for the discharge to meet the requirements of this
By-law, the Commissioner may require the installation of such devices, at the
Discharger's expense.
9.3.
If required by written notice from the Commissioner, the Person who is the
owner or occupier of the premises shall, in accordance with such written
notice, perform or undertake one or more of the following activities addressing
the discharge of Storm Water from the premise:
a) a study on Storm Water quality and/or quantity;
b) modification and/or construction of Storm Water facilities for which the
Region is responsible;
c) development and implementation of Best Management Practices (BMP);
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d) adoption and implementation of pollution prevention techniques and
measures; or
e) any other activity set out in the notice.
10. CONNECTIONS:
10.1. No Person shall connect to a Regional Sewer without the written approval of
the Commissioner.
10.2. Any Person who wishes to connect a Sewage Works to a Regional Sewer or
Regional Sewage Works may apply to the Region for a permanent or
temporary connection to a Regional Sewer.
10.3. Any application made pursuant to Section 10.2 above shall include:
a) The estimated quantity of the discharge;
b) the quality of the effluent, supported by such effluent quality tests as may
be prescribed by the Commissioner;
c) A plan of the building and property showing the proposed connection,
nearest maintenance access point and other information necessary to
describe the connection; and
d) Any fees as prescribed in the Fees and Charges By-law.
10.4. No Person shall connect or cause or permit the connection of any private
sewage treatment works to a Regional Sewer unless the plans, specifications
and other pertinent information have been submitted to and approved by the
Commissioner, the applicable fees have been fully paid, and thereafter all
sewage discharged into the Regional Sewage Works shall be in compliance
with the requirements of this By-law.
10.5. No Person shall discharge or deposit into or cause or permit a discharge or
deposit into any Regional Sewer or Regional Sewage Works, any Sewage or
refuse or Matter of any kind, by any means other than by a connection to
such works that has been approved in accordance with this section.
10.6. No direct or indirect connection between a private storm drain system and a
Sanitary Sewer is permitted.
10.7. The Commissioner may inspect any approved connection at any time and
take samples of any discharge to the Sewage Works or conduct tests or
request testing to be done, at the expense of the Discharger, to ensure any
discharge meets the requirements of this By-law.
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11. HAULED SEWAGE:
General Prohibitions
11.1. No Person shall discharge or allow to be discharged Hauled Sewage, hauled
waste, trucked wastewater, hauled liquid waste except in accordance with the
requirements of this section.
11.2. No Person shall discharge, or allow to be discharged, Hauled Sewage,
hauled waste, trucked wastewater, or hauled liquid waste to the Sewage
Works that has originated from a source or generator outside of the municipal
boundaries of the Region.
11.3. No Person shall dispose of Hauled Sewage to the Regional Sewage Works
without first having obtained a Sewage Hauler Permit.
11.4. No Person shall dispose of Non-Domestic Hauled Sewage from a Sewage
Generator or source that has not received approval from the Commissioner.
11.5. No Person shall dispose of Domestic Sewage from a non-residential property
unless that source has received approval from the Commissioner.
11.6. No Person shall dispose of Hauled Sewage that does not comply with the
requirements of Section 4 of this By-law except that it may exceed the limits
specified in respect to Biochemical Oxygen Demand, Chemical Oxygen
Demand, Total Suspended Solids, Total Phosphorus, Total Kjeldahl Nitrogen
or other parameter treatable at the receiving Sewage Works if approved by
the Commissioner.
Sewage Hauler Permits - Application and Renewals
11.7. An application for a Sewage Hauler Permit or an application to renew a
Sewage Hauler Permit shall be made to the Commissioner in a form provided
by the Commissioner. Without limitation, every application shall include all of
the following:
a) A copy of a valid environmental compliance approval or registration under
the Environmental Activity and Sector Registration under the EPA or a
regulation thereunder which expressly allows for the transportation of
Hauled Sewage;
b) Certificate of Insurance originally signed by an authorized insurance
representative, on the Region's form of Certificate of Insurance as posted
on the Region's website from time to time, identifying and confirming the
following minimum insurance requirements:
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(i) Commercial General Liability Insurance ("CGL") for all services,
operations, and work to a limit of not less than TWO MILLION
DOLLARS ($2,000,000) per occurrence naming The Regional
Municipality of Niagara as an additional insured.
(ii) Automobile Liability Insurance to a limit of not less than ONE MILLION
DOLLARS ($1,000,000) per occurrence.
c) Payment of the applicable fee for the application as set out in the Region's
Fees and Charges By-law, as amended from time to time.
11.8. The Commissioner may refuse to issue, renew or may revoke a Sewage
Hauler Permit or impose or modify terms and conditions on a Sewage Hauler
Permit on any of the following grounds:
a) The Hauler does not possess a valid environmental compliance approval
or registration under the Environmental Activity and Sector Registration
under the EPA or a regulation thereunder which expressly allows for the
transportation of Hauled Sewage;
b) The Hauler does not possess the required insurance coverage as
specified in this By-law and/or has not provided a Certificate of Insurance
evidencing the required coverage as specified by this By-law;
c) The Hauler or any related Person has failed to comply with any of the
requirements of this By-law;
d) The Hauler has unpaid fees payable to Niagara Region; or
e) Any other reason that, in the sole opinion of the Commissioner is,
necessary to protect the integrity of Region infrastructure, ensure the
health and safety of Region employees and residents or protect the
natural environment.
The Commissioner will inform the Sewage Hauler of the reasons for the
refusal to issue, renew, revoke or impose or modify terms or conditions on a
Sewage Hauler Permit and shall state that the applicant or Sewage Hauler,
as the case may be, is entitled to request an appeal as set out in Section
11.22 of this By-law.
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11.9. All Sewage Hauler Permits authorized by the Commissioner are:
a) non-transferable;
b) remain the property of Niagara Region; and
c) are valid for a period not to exceed 12 months.
11.10. A Person in possession of a Sewage Hauler Permit shall have and maintain
all necessary permits, insurance, licences or approvals required in carrying on
the activity as a hauler of Hauled Sewage under Ontario legislation as well as
any criteria contained in this by-law and used by Niagara Region for the
issuing of the Sewage Hauler Permit. In the event a Sewage Hauler cannot
maintain the requirements contained in this section, the Sewage Hauler shall
cease to discharge any Hauled Sewage at any Niagara Region Sewage
Works immediately.
Requirements for Hauled Sewage Disposals
11.11. A Sewage Hauler discharging Hauled Sewage to a Niagara Region Sewage
Works shall:
a) Complete and submit a Hauled Sewage Record for each disposal, in a form
provided by the Commissioner. The Hauled Sewage Record shall be
completed accurately, legibly and in full and deposited in the approved
location at the time of the disposal. The Hauled Sewage Record shall
contain the following information:
i.
The permit holder's name or Company name as appropriate;
ii.
The permit number or customer number;
iii.
The complete address of the Sewage Generator;
iv.
The type of sewage from each Sewage Generator;
v.
The volume of sewage from each Sewage Generator; and
vi.
The name of the person consigning, hauling and releasing the
disposal to the Sewage Works;
b) Collect one (1) representative sample from each load of Hauled Sewage
using the sample container provided by Niagara Region. The sample must
be deposited in the approved location at the time of the disposal;
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c) Comply with all orders, verbal instructions and/or written directions given by
Niagara Region staff;
d) Obey all posted signs including speed signs;
e) Wear appropriate personal protective equipment suitable for the nature of
the work performed including, at a minimum, safety footwear, high visibility
safety clothing and any other personal protective equipment required by
posted signage;
f) Keep any discharge hoses used in a state of good repair and free from
leakage;
g) Remain in attendance and control of their vehicle during disposal,
maintaining a clear view of the discharge hose and connection and ready to
take appropriate action to prevent spills;
h) Not enter any other area of the Sewage Works unless expressly authorized
by Niagara Region staff.
Disposal Fees
11.12. The fees charged for receiving and treating of Hauled Sewage shall be as set
by Council in the Fees and Charges By-law, as amended from time to time.
Invoices shall be issued to the Permit Holder. The Permit Holder shall be
responsible to pay any and all disposal fees related to the use of the Sewage
Hauler Permit.
11.13. The Commissioner may revoke or suspend a Sewage Hauler Permit in the
event that the Permit Holder fails to pay disposal fees in accordance with the
invoice.
Registration and Approval of Hauled Sewage Generators
11.14. Domestic Sewage originating from a residential property may be deposited at
a Regional Sewage Works without prior approval.
11.15. Domestic Sewage originating from a non-residential property shall receive
prior written approval from the Commissioner before deposit at a Regional
Sewage Works.
11.16. Non-Domestic Sewage requires prior written approval from the Commissioner
before deposit at a Regional Sewage Works.
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11.17. A Sewage Generator requiring approval under Section 11.15 and 11.16 shall
complete an application in a form provided by the Commissioner and shall
pay any fees applicable for the approval of such form as set out in the
Region's Fees and Charges By-law as amended from time to time.
11.18. The Commissioner may inspect, conduct tests or collect samples from the
facility or property where the Sewage is generated prior to or at any time after
approvals are granted to ensure compliance with this By-law. Should the
Commissioner require additional testing to determine acceptability of the
sewage, any costs related to this testing or sampling shall be borne by the
Sewage Generator or Sewage Hauler as appropriate.
11.19. The Commissioner may give written approvals to Sewage Generators,
permitting sewage generated by them under specified terms, conditions
and/or payment of additional fees to be received at a Regional Sewage
Works.
11.20. Approved Sewage Generators and/or Sewage Haulers shall notify the
Commissioner of the following as applicable, on the forms prescribed by the
Commissioner from time to time for such purpose:
a) A change of ownership and/or contact information of the Sewage Generator
within five (5) business days prior to any intended deposit of the sewage;
b) A proposed change in a waste type or characteristics of an approved waste
within five (5) business days;
c) A change in quantity of waste for disposal; or
d) Addition of a waste type not originally included on the application form.
11.21. No disposal to a Regional Sewage Works shall occur until the Region is
notified of the change in Section 11.20 a); and until the Commissioner has
approved the proposed change in Sections 11.20 b), c) and/or d).
Appeals
11.22.
a) A Person who has been served with a notice of a decision to revoke, refuse
to grant or renew a Sewage Hauler Permit or to impose terms or conditions
on a Sewage Hauler Permit for a period exceeding one (1) month, may
appeal the Commissioner's decision by serving a Notice of Appeal to the
Regional Clerk in writing and paying the applicable appeal fee as set out in
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the Region's Fees and Charges By-law within ten (10) business days after
being served with the notice of decision.
b) Notice of Appeal shall be served by email to [email protected], by
courier or in person to The Office of the Regional Clerk, The Regional
Municipality of Niagara, 1815 Sir Isaac Brock Way, Thorold, Ontario.
c) Service of the Notice of Appeal does not stay the operation of the decision
of the Commissioner.
d) An appeal under this section will be heard by the Region's Chief
Administrative Officer (CAO) (or delegate), in a manner appropriate in the
circumstances, as determined by the CAO.
e) The appellant and the Commissioner will be given no fewer than ten (10)
business days' notice of:
i.
the manner of the appeal hearing, whether in writing, in person, by
telephone, or by electronic means;
ii.
the date, time, and place of the appeal hearing if applicable; and
iii.
the applicable appeal procedures, if any.
f) In conducting an appeal, the CAO may confirm, modify, or rescind all or part
of the decision, including any restriction(s). The CAO's decision is final.
g) The decision on the appeal shall be communicated to the appellant and to
the Commissioner within ten (10) business days of the completion of the
appeal.
12. MAINTENANCE HOLE COVER OR OPENING:
12.1. No Person shall remove or tamper with or cause or permit any removal or
tampering with any maintenance hole cover or any other opening into any
Regional Sewage Works without the express approval of the Commissioner.
12.2. Regional staff and/or staff from area municipalities may open Regional
maintenance hole covers or any other opening into any Regional Sewage
Works in the course of their regular duties.
13. DISCHARGE AGREEMENTS AND PERMITS:
13.1. The discharge or deposit of sewage that would otherwise be prohibited by this
By-law may be permitted to an extent fixed by a Batch Discharge Permit, a
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Dewatering Permit, a Surcharge Agreement or a Restrictive Discharge
Agreement between the Discharger and the Commissioner.
13.2. A Surcharge Agreement referred to in Section 13.1, shall only be made with
respect to the discharge of sewage containing Biochemical Oxygen Demand,
Chemical Oxygen Demand, Total Phosphorus, Total Suspended Solids or
other parameters treatable at the receiving Sewage Works.
13.3. A Surcharge Agreement shall contain terms and conditions related to the
calculation and payment of additional costs and/or expenses of operation,
repair and maintenance of the Sewage Works related to the treating the
sewage.
13.4. A Surcharge Agreement shall specify any limitations as to the concentration
or loadings of treatable parameters.
13.5. A Surcharge Agreement shall be in the form as approved by the
Commissioner.
13.6. A Restrictive Discharge Agreement referred to in Section 13.1, may be
entered into where, in the sole opinion of the Commissioner, the discharge of
sewage may result in the receiving Sewage Works to discharge matter in
non-compliance with any Federal or Provincial Act, Regulation or Guideline.
13.7. A Restrictive Discharge Agreement may have terms and conditions that
restrict the concentrations or loadings of any parameter in the discharge.
13.8. A Restrictive Discharge Agreement may have terms and conditions related to
the quantity of sewage discharged.
13.9. A Restrictive Discharge Agreement may have other such terms and
conditions as the Commissioner deems appropriate.
13.10. A Person applying to the Commissioner for an agreement under Section 13.1
shall pay an application fee in an amount set by Regional Council in the Fees
and Charges By-law.
13.11. During the period of the executed agreement as contemplated in Section
13.1, the discharger shall comply with all other aspects of the By-law that are
not expressly modified within the agreement.
13.12. The Commissioner may terminate, at any time, any agreement under Section
13.1 where:
a) The Discharger fails to abide by the terms and conditions of the agreement;
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b) The Discharger contravenes other provisions of this By-law;
c) The Commissioner has determined that the there is an emergency situation
of immediate threat or danger to any person, property, plant, animal or
waters; or
d) The Commissioner believes the discharge may affect the proper operation
of the receiving Sewage Works.
14. ORDERS:
14.1. Where the Commissioner, or Officer, is satisfied that a contravention of this
By-law has occurred, the Commissioner or Officer may make an order
requiring the Person who contravened this By-law or who has caused or
permitted the contravention of this By-law to discontinue the activity that is in
contravention of the By-law.
14.2. Where an order is issued by the Commissioner or Officer, the Person to
whom the order is made shall be deemed to have received the order on the
date it is posted in a conspicuous place at the subject property or delivered in
person or three (3) days after being posted by prepaid ordinary mail to the
Person at the last known address provided to the Commissioner or, where no
address for the Person has been provided to the Commissioner, by prepaid
ordinary mail to the address for the Person identified as the owner of the
property.
14.3. An order issued by the Commissioner or Officer shall set out reasonable
particulars of the contravention or contravening activity and the location of the
land on which the contravention or contravening activity occurred. The order
shall also set out the date by which there must be compliance with the order
and the process to appeal the order as set out in this By-law.
14.4. The manner of delivery, set out in Section 14.2, shall be in the discretion of
the Commissioner.
14.5. Any Person who contravenes an order issued under Section 14.1 of this By-
law is guilty of an offence.
14.6. No land drainage works, sewer connection or Regional Sewer Connection so
disconnected by Order shall be reconnected until such time as measures are
undertaken satisfactory to the Commissioner to eliminate the prohibited
discharge or contravening activity.
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14.7. All expenses incurred by the Region for actions taken under this By-law shall
be reimbursed to the Region by those Persons, owners or occupants of the
premises at the time of re-connection or unstopping of the sewer connections.
Appeals
14.8. A Person who considers themself aggrieved by an Order under section 14 of
this By-law may appeal the order to the CAO (or delegate) within twenty (20)
days after the date on which the Order is deemed served. The appeal shall be
made in writing and shall contain their name, address, email address, phone
number and details concerning the reason for appealing the Order, whether a
stay of the Order is requested pending the disposition of the appeal and the
remedy being requested.
14.9. An appeal shall be served by prepaid ordinary or registered mail, in person or
by email to [email protected] or to The Office of the Regional Clerk,
The Regional Municipality of Niagara, 1815 Sir Isaac Brock Way, Thorold,
Ontario.
14.10. The appeal shall be heard in writing. The CAO may arrange for an oral
hearing to be held (either in person or by electronic means) if the CAO, in
their sole and absolute discretion, considers it necessary to do so.
14.11. Submission of an appeal does not stay the operation of the Order unless the
CAO issues a written notice indicating the Order is stayed.
14.12. On an appeal, the CAO may request and require production of any further
documents, reports and information from the Person appealing the Order,
from the Commissioner, and from any other person who may have knowledge
or information relevant to the Order. The CAO may consider any issue
relevant to the issuance of the Order, including legal issues and interpretation
of the By-law, and may consult with legal counsel in determining the validity of
the Order.
14.13. The CAO may affirm, vary or rescind the Order and require the Person to take
any other action that the CAO considers they ought to take in accordance
with this By-law and for those purposes, the CAO may substitute their opinion
for that of the Commissioner. A decision of the CAO to affirm or vary an Order
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is final and is enforceable under this By-law as if it were an Order issued
under this section.
14.14. The CAO shall serve a written decision on the appeal, by any of the methods
set out under section 14 of this By-law, to the Person appealing the Order
with a copy to the Commissioner.
15. PRIOR AGREEMENTS:
15.1. This By-law shall not prohibit the discharge of sewage expressly permitted by
an agreement, between any Person and the Ontario Ministry of the
Environment, existing at the time this By-law comes into force.
15.2. Any Surcharge Agreement, Compliance Agreement, Restrictive Discharge
Agreement or other agreement entered into pursuant to any predecessor by-
law shall remain in effect until terminated or expired pursuant to the terms and
conditions of such agreements.
16. COMPLIANCE PROGRAM:
16.1. The owner or occupant of commercial, industrial or institutional premises may
submit for approval to the Commissioner, a program to prevent or reduce and
control the discharge or deposit of Sewage or uncontaminated water into
connections to a Sewage Works or to a Storm Sewer from those premises.
16.2. The Commissioner may issue an approval to such a program, to be known as
a "Compliance Program" to the Person who submitted the program. The
Compliance Program may contain such terms and conditions as in the
opinion of the Commissioner are appropriate.
16.3. A Person to whom a Compliance Program has been issued shall not be
prosecuted under those parts of Section 4 or Section 9 of this By-law for the
discharge or deposit of Sewage specified in the Compliance Program during
the period that the approved Compliance Program is in place provided that
the Person complies fully with the terms and conditions of the program.
17. PROHIBITION OF DILUTION:
17.1. No Person shall add or cause or permit the addition of water or any other
material from any source to sewage for the sole purposes of dilution to
achieve compliance with this By-law.
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18. SPILLS & HAZARDOUS WASTE:
18.1. Any Person who has caused or permitted a spill to a Sewage System which
may be considered hazardous to persons, property or animals, or any
discharge which may be considered detrimental to the natural environment or
the efficient operation, or safety of Regional treatment systems or personnel
shall immediately notify the Region and shall provide a report within 7 days of
the spill, containing all of the following information:
a) location where spill occurred;
b) date and time of spill;
c) name and phone number of Person who reported the spill and where they
can be contacted;
d) materials spilled;
e) characteristics of materials spilled including any known hazards;
f) volume of materials spilled;
g) duration of spill event;
h) work completed and/or still in progress in the mitigation of the spill; and
i) the names of agencies contacted to report the spill;
18.2. The Commissioner may require the owner or the Person described in Section
18.1 to do either or both of the following:
a) Compensate the Region for all costs incurred by the Region as a result of
such spill including containment, sampling, testing, removal, cleanup and
disposal or any other activity related to the spill.
b) Submit to the Commissioner a written report describing the cause of the
spill and the steps or procedures to be taken to prevent or eliminate similar
future spills.
18.3. If in the opinion of the Commissioner the installation of any devices,
structures or equipment is required to prevent, contain or reduce the
discharge of material to the sewage system which may be hazardous or
become hazardous to persons, property or animals or detrimental to the
natural environment or the efficient operation of the sewage works, such
devices, structures or equipment shall be:
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a) Installed and maintained in good working order at the expense of the owner
or occupant of the premises;
b) Designed, constructed and maintained in accordance with good
engineering practices, the requirements of the Commissioner and any
applicable building or plumbing codes; and
c) Installed at the owner's expense.
18.4. In emergency circumstances, the Region may arrange for temporary works
and operational arrangements to limit the spill or other negative or dangerous
impacts, until such time as the owner or occupant has undertaken all
necessary means to control the problem; all costs related to the temporary
arrangements shall be borne by the owner.
18.5. The owner or occupant of commercial, institutional or industrial premises may
be required by the Commissioner to develop and maintain a Spill Response
Contingency Plan to the satisfaction of the Commissioner which:
a) Shall be reviewed and updated on a yearly basis by the owner or occupant;
b) Together with all updates shall be provided to the Commissioner no later
than 30 days after completion; and
c) Shall be readily available to all the staff of the owner or occupant.
19. ENTRY, INSPECTIONS, MAINTENANCE AND RECORD KEEPING:
19.1. Any device, structure or equipment required to comply with this By-law shall
be maintained at all times in good working order and readily accessible for
inspection by the Commissioner.
19.2. The owner or occupant is required to produce maintenance, calibration and
inspection records for the preceding thirty-six (36) month period upon request
by the Commissioner of such devices, structures, equipment or records as
required as a result of this By-law.
19.3. The Commissioner may enter on land or premises at any reasonable time to
inspect the operation and maintenance of such devices, structures,
equipment or records required as a result of this By-law.
19.4. The Commissioner or Officer may enter on land at any reasonable time for
the purpose of carrying out an inspection to determine whether or not this By-
law, or an order made under this By-law or the conditions of a permit issued
under this By-law are being complied with.
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19.5. The Commissioner or Officer may, for the purposes of an inspection, require
the production of documents, make examinations or take samples, take
photographs or conduct tests necessary for the purpose of the inspection.
19.6. The Commissioner or Officer may carry out any inspection reasonably
required to ensure compliance with this By-law, including, but not limited to:
a) Inspecting, observing, sampling and measuring the flow in any private
drainage system, wastewater disposal system, storm water management
facility and flow monitoring point.
b) Determining water consumption by reading water meters or requesting
information on water meter readings;
c) Perform on-site testing of the wastewater or storm water being discharged;
d) Collect and analyze samples of hauled sewage coming to a discharge
location;
e) Make inspections of the types and quantities of chemicals being handled or
used on the premises in relation to possible release to a drainage system
or watercourse;
f) Require information from any Person concerning a matter relating to the
inspection
g) Inspect and copy documents or remove documents from premises to make
copies;
h) Inspect chemical storage areas and spill containment facilities and request
information on materials stored or used on site.
20. PUBLIC ACCESS TO INFORMATION:
20.1. All information submitted to and collected by the Regional Corporation
including discharge agreements, monitoring and inspection reports, reports of
analysis and other related information will be available for disclosure to the
public in accordance with the Municipal Freedom of Information and
Protection of Privacy Act, R.S.O. 1990 c. M.56 as amended (MFIPPA).
20.2. In the event that any Person in submitting information to the Commissioner in
any form, as required under this By-law, believes such information is
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confidential or proprietary and may be exempt from disclosure under
MFIPPA, the Person submitting the information shall so identify that
information upon its submission to the Commissioner and shall provide
sufficient details as to the reason for its purported exemption from disclosure.
21. OFFENCE:
21.1. Any Person who contravenes any provision of this By-law is guilty of an
offence and is liable to a fine of not more than $10,000, upon conviction of a
first offence, and $25,000 for any subsequent offence under this By-law.
21.2. Notwithstanding Section 21.1, where a corporation is convicted of an offence
under this By-law, the maximum penalty that may be imposed upon the
corporation is $50,000 for the first offence and $100,000 for any subsequent
offence.
22. EXCEPTIONS:
22.1. This By-law shall not prohibit the use of any substance or discharge of any
sewage expressly permitted or required by the Medical Officer of Health.
22.2. This By-law shall not prohibit the normal discharge of domestic wastewater.
23. REPEAL OF PREDECESSOR BY-LAW:
By-law No. 27-2014 and all amendments thereto are hereby repealed upon the coming
into force of this By-law.
24. SEVERABILITY:
If any section or sections of this By-law, or parts thereof, is or are found by any Court or
tribunal to be illegal or beyond the power of the Regional Council to enact, such section
or sections or parts thereof shall be deemed to be severable and all other sections or
parts of this By-law shall be deemed to be separate and independent therefrom and to
be enacted as such and shall continue in full force and effect.
25. SHORT TITLE:
This By-law may be referred to as the "Sewer Use By-law".
Bill 2024-51
Authorization Reference: PWC 8-2024
Minute Item: 6.1
Page 33 of 33
26. COMING INTO FORCE:
This By-law shall come into force and take effect on the day upon which it is passed.
THE REGIONAL MUNICIPALITY OF NIAGARA
______________________________________
James Bradley, Regional Chair
______________________________________
Ann-Marie Norio, Regional Clerk
Passed: August 29, 2024