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By-Law Number 21-036
of
The Regional Municipality of Waterloo
A By-law to Govern and Regulate the Discharge of Water and Wastewater into
the Sanitary and Storm Systems in The Regional Municipality of Waterloo and
to Repeal By-law 1-90 of The Regional Municipality of Waterloo, as amended
Whereas the Council of The Regional Municipality of Waterloo is authorized by
Part II of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, to pass by-laws
for regulating the collection and treatment of sanitary sewage and the collection
of storm water within The Regional Municipality of Waterloo;
The Council of the Regional Municipality of Waterloo enacts as follows:
PART I - DEFINITIONS
1.
The following terms are defined for purposes of this By-law:
(1)
"Biomedical Wastes" means biomedical waste as defined in the
Ontario Ministry of Energy and the Environment Guideline C-4
entitled "The Management of Biomedical Waste in Ontario" dated
April 1994, as amended, or any successor guideline thereto;
(2)
"Building Code" means the Building Code pursuant to the
Building Code Act, 1992, S.O. 1992, c. 23, as amended, or any
successor legislation thereto;
(3)
"Commissioner" means the Commissioner of Transportation and
Environmental Services of the Region, his or her designate, or
any successor position thereto;
(4)
"Council" means the Council of the Region;
(5)
"Environmental Officer" means an Environmental Officer as
appointed by the Commissioner;
(6)
"Environmental Protection Act" means the Environmental
Protection Act, R.S.O. 1990, c. E.19, as amended, or any
successor legislation thereto;
(7)
"Fees and Charges By-law" means the Region's Fees and
Charges By-law and any successor by-laws thereto;
(8)
"Fisheries Act" means the Fisheries Act, R.S.C. 1985, c. F.14,
as amended, or any successor legislation thereto;
(9)
"Fuels" means alcohol, gasoline, naptha, diesel fuel, fuel oil or
any other ignitable substance intended for use as fuel;
(10)
"Hauled Sewage" means waste removed from a cesspool, a
septic tank system, a privy vault or privy pit, a chemical toilet, a
portable toilet, a sewage holding tank or any other sewage system
of a type regulated under Part VII of the Environmental Protection
Act, or any successor thereof;
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(11)
"Ignitable Wastes" means ignitable waste as defined under
Ontario Regulation 347 of the Environmental Protection Act, or
any successor regulation;
(12)
"Interceptor" means a receptacle that is designed and installed
to prevent oil, grease, sand or other materials from passing into
a drainage system;
(13)
"Listed Wastes" means listed wastes as defined under
Ontario Regulation 347 of the Environmental Protection Act, or
any successor regulation;
(14)
"Matter" means any solid, liquid or gas, or a combination of any
of them;
(15)
"Multi-residential" means a building or property that has three or
more self-contained residential units;
(16)
"Municipal Law Enforcement Officer" means a Municipal Law
Enforcement Officer as appointed by the Region;
(17)
"Municipal Service" means that part of the wastewater service
from the Regional Sewer up to the property line;
(18)
"Ontario Water Resources Act" means the Ontario Water
Resources Act, R.S.O. 1990, c. P.13, as amended, or any
successor legislation thereto;
(19)
"Operator" means the Owner or other person who occupies a
premises pursuant to a lease or licence and operates any
commercial, industrial or institutional facility thereon;
(20)
"Owner" means the person or persons registered on title to a
property as the owner or owners;
(21)
"PCB" means any monochlorinated or polychlorinated biphenyl or
any mixture of them or any mixture that contains one or more of
them;
(22)
"Permit" means a Surcharge Permit, Compliance Permit,
Temporary Discharge Permit or General Discharge Permit;
(23)
"person" includes, but is not limited to, an individual and a
corporation;
(24)
"Pesticides" means any substance or thing that is
manufactured, represented, sold or used as a means of directly or
indirectly controlling, preventing, destroying, mitigating, attracting
or repelling any pest or of altering the growth, development or
characteristics of any plant life that is not a pest and includes any
substance or thing registered under the Pest Control Products
Act (Canada), O. Reg. 298/94, s. 1., or any successor legislation
thereto;
(25)
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as
amended, or any successor legislation thereto;
(26)
"Police Officer" means a police officer as appointed by The
Regional Municipality of Waterloo Police Service;
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(27)
"Private Service" means that part of the Wastewater Service
from the property line to the building or buildings discharging the
sewage, storm water or other wastewater;
(28)
"Radioactive Wastes" means radioactive wastes as defined
under Ontario Regulation 347 of the Environmental Protection Act,
or any successor regulation;
(29)
"Reactive Wastes" means reactive wastes as defined under
Ontario Regulation 347 of the Environmental Protection Act, or
any successor regulation;
(30)
"Region" means The Regional Municipality of Waterloo as a
municipal corporation its Council, members, employees, agents
and representatives and, where the context requires, its
geographic area;
(31)
"Regional Sewer" means a Sanitary Sewer that is owned and
under the jurisdiction of the Region;
(32)
"Regional Works" includes any Sanitary Sewer, sewage works,
storm sewer, wastewater treatment plant, pumping station, and
any incidental valves, access chambers and other works, that is
owned or under the jurisdiction of the Region;
(33)
"Regional Standards" means "Region of Waterloo and Area
Municipal Design Guidelines and Supplemental Specifications for
Municipal Services", or any successor guidelines thereto;
(34)
"Sanitary Sewer" means any sewer in the Region that is owned
and under the jurisdiction of a municipality for the collection and
transmission of sewage;
(35)
"Severely Toxic Waste" means severely toxic wastes as
defined under Ontario Regulation 347 of the Environmental
Protection Act, or any successor regulation;
(36)
"Sewer Rate" means the unit price for the discharge of effluent
into a Sanitary Sewer that is owned or under the jurisdiction of the
Region as determined from time to time by Council;
(37)
"Spill", "Spills" and "Spilled" means a discharge of Matter,
(a)
into a Sanitary Sewer or Storm Sewer,
(b)
from or out of a structure, vehicle or other container, and
(c)
that is abnormal in quality or quantity in light of all the
circumstances of the discharge;
(38)
"Storm Sewer" means any sewer in the Region that is owned
and under the jurisdiction of the Region for the collection and
transmission of Storm Water;
(39)
"Storm Water" means water from rainfall, other natural
precipitation, or from the melting of snow or ice;
(40)
"Transportation of Dangerous Goods Act" means the
Transportation of Goods Act, 1992, S.C. 1992, c. 34, as amended,
or any successor legislation thereto;
(41)
"Treasurer" means the Treasurer of the Region, his or her
designate, or any successor position thereto;
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(42)
"Uncontaminated Water" means potable water as supplied by a
municipality or any other water to which no Matter has been
added as a consequence of its use, or to modify its use; and
(43)
"Wastewater Service" means the permanent pipe, equipment
and devices that carry effluent from a building or buildings upon a
private property or a property not owned by the Region to the
Regional Sewer.
PART II - CONNECTIONS TO REGIONAL SEWER
2.
No municipality shall connect any sewer or watercourse to a Regional
Sewer without the written approval of the Commissioner.
3.
(1)
Except as permitted in this By-law, no person shall, and no Owner
or person who occupies or has possession of a property shall
cause or permit a person to make, alter or remove a permanent or
temporary connection to a Regional Sewer without the written
approval of the Commissioner.
(2)
An Owner of a property may apply to the Region for a permanent
or temporary connection to a Regional Sewer and the
Commissioner may grant such an application if the Commissioner
is satisfied that there is sufficient capacity in the Regional Sewer
to serve the property.
(3)
Any application made pursuant to subsection (2) of this section
shall include:
(a)
the class of occupancy of the property;
(b)
the estimated quantity and quality of effluent to be
discharged from the property, supported by effluent
quantity calculations and effluent quality tests as required,
if the connection is for, in whole or in part, a commercial,
industrial, institutional or Multi-residential purpose;
(c)
a plan of the building or buildings showing the interior
piping up to the property line if the connection is for, in
whole or in part, a commercial, industrial, institutional or
Multi-residential purpose;
(d)
any other information that the Commissioner requires to
determine if there is sufficient capacity in the Regional
Sewer to serve the property and to ascertain the effects of
discharge on the Regional Sewer; and
(e)
any fee as prescribed in the Fees and Charges By-law.
(4)
The Commissioner may impose terms and conditions upon any
connection, which the Commissioner deems necessary in order to
ensure the proper operation of the Regional Sewer and the Owner
of the property that received the connection, and any subsequent
Owners of the property thereafter, shall comply with all such terms
and conditions.
(5)
Where the Commissioner is satisfied that there is sufficient
capacity in the Regional Sewer to serve the property and the
intended quality of effluent, the Commissioner shall determine the
estimated cost for the municipality to install the Municipal Service,
if applicable, and the Commissioner shall require that the
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applicant provide security for this estimate, plus 25 per cent of the
estimate for any contingency, in a form satisfactory to the
Commissioner, before the connection is commenced.
(6)
The estimate in subsection (5) of this section may include the cost
of labour, site supervision, machinery and parts for the Region,
and any contractor to be retained by the Region, to complete the
installation of the Municipal Service.
(7)
When the installation of the Municipal Service is complete, the
Commissioner shall establish the exact cost thereof, and the
Commissioner shall either refund any excess monies from the
security to the applicant or require that the applicant pay any
outstanding balance, as the case may be.
(8)
Notwithstanding subsections (5) and (6) of this section, the
Commissioner may allow the Owner of the property to install the
Municipal Service by using the Owner's own contractor provided
that the Owner meets all of the terms and conditions imposed by
the Commissioner.
(9)
The Commissioner shall determine the location of the Municipal
Service based on the criteria of using the shortest and most
convenient location for the Region.
(10)
The applicant shall install the Private Service at its own cost.
(11)
No Private Service shall be less than 100 millimeters in diameter.
(12)
The applicant shall ensure that the Private Service is:
(a)
installed by a licensed plumber;
(b)
two metres or more below ground level; and
(c)
properly connected to the Municipal Service in accordance
with Regional Standards.
(13)
The Commissioner may allow the discharge of effluent from the
applicant's property into the Regional Sewer after:
(a)
all of the conditions pursuant to this section have been fully
satisfied; and
(b)
the applicant has paid all applicable fees or satisfied all
applicable conditions that have been imposed by any Fees
and Charges By-law of the Region specifically in relation to
the property.
(14)
This Part shall apply with necessary modification if any Owner of a
property that is connected to the Regional Sewer wishes to alter
the location or size of its Municipal Service.
(15)
Where a property is subject to a plan of subdivision and the
municipality is to assume any wastewater collection system
pursuant to the Planning Act then any connection to the Regional
Sewer shall be carried out in accordance with Regional Standards
and this section shall not apply.
(16)
Without limiting any other fees and charges that may be imposed
pursuant to this or any other by-law, the sewer fee for each
property that is connected to a Regional Sewer shall be based on
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the Sewer Rate multiplied by the amount of water consumed for
the property during the applicable period.
(17)
For the purposes of subsection (16) of this section, where the
water supplied to a property is not from a municipal water
distribution system pursuant to a Permit or is not metered then the
quantity of water consumed for the property shall be estimated by
the Commissioner based on the average consumption of water for
properties of equivalent size, characteristics and occupancy
during the prior applicable time period.
(18)
Every Owner of a property that is connected to a Regional Sewer
shall pay the Region the sewer fee as determined pursuant to this
section as well as any other fees and charges in relation thereto.
(19)
Every Owner of a property, and every person who occupies or has
possession of a property, that is connected to a Regional Sewer
shall ensure that the Private Service is maintained in a good state
of repair at all times.
(20)
Every Owner of a property, and every person who occupies or has
possession of a property, that is connected to a Regional Sewer
shall immediately notify the Commissioner of any suspected
infiltration or damage to the Private Service.
(21)
Every Owner of a property that is connected to a Regional Sewer
shall notify the Treasurer 72 hours before the Owner transfers
ownership of the property so that the Region can issue a final bill
for the Owner, if applicable.
(22)
For greater certainty, this section shall not apply where a
municipality connects any local combined sewer, sanitary sewer,
sewage works or storm sewer to a Regional Sewer pursuant to
section 2 of this By-law.
PART III - PROHIBITED DISCHARGES TO SANITARY SEWER
4.
No person shall discharge or deposit, or cause or permit the discharge or
deposit, of Matter of a kind listed below directly or indirectly into a
Sanitary Sewer:
(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 any
individual;
(2)
Matter which may be or may become harmful or damaging to the
Sanitary Sewer or Regional Works where treatment of the Matter
may occur;
(3)
Matter which may cause the effluent from the Regional Works
where treatment of the Matter may occur to contravene any
requirement by or under the Ontario Water Resources Act or the
Environmental Protection Act;
(4)
Matter which may cause the sludge from Regional Works where
treatment of the Matter may occur to fail to meet the criteria
relating to contaminants for spreading the sludge on agricultural
lands under the Province of Ontario's Guidelines for the Utilization
of Bio-solids and Other Wastes on Agricultural Land (March,
1996), or any successor thereto, unless the person has been
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advised in writing by the Region that the sludge from the Regional
Works will never be used on agricultural lands;
(5)
Matter which may interfere with the proper operation of a Sanitary
Sewer or Regional Works where treatment of the matter may
occur;
(6)
Solid or viscous Matter in quantities or of such size as to be
capable of causing obstruction to the flow in a Sanitary Sewer;
(7)
Matter that may cause an offensive odour to emanate from the
Sanitary Sewer;
(8)
Storm Water, water from drainage of roofs or land, water from a
watercourse or Uncontaminated Water;
(9)
Water that has originated from a source separate from the water
distribution system of a municipality;
(10)
Matter which consists of two or more separate liquid layers;
(11)
Matter containing dyes or colouring materials that cause, or may
cause, discolour to the Sanitary Sewer;
(12)
Fuels;
(13)
Pesticides;
(14)
Severely Toxic Materials;
(15)
Listed Wastes;
(16)
Ignitable Wastes;
(17)
Biomedical Wastes;
(18)
Reactive Wastes;
(19)
Hauled Sewage; or
(20)
Radioactive Wastes.
5.
(1)
Subject to subsection (2) of this section, no person shall discharge
or deposit, or cause or permit the discharge or deposit, of effluent
containing any of the following Matter in excess of the concentrations or
limits indicated in the following table directly or indirectly into a Sanitary
Sewer:
Table Restricted Parameters
Matter
Limit (mg/L) unless
specified otherwise.
Applies to total of
dissolved and
particulate.
Conventional Parameters
Maximum Temperature (°C)
60
Minimum pH (unitless)
6
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Maximum pH (unitless)
10.5
Sulphides, H2S
1
Solvent extractable matter of mineral or
synthetic origin
15
Solvent extractable matter of animal or
vegetable origin
100
Carbonaceous Biological Oxygen Demand
expressed as CBOD
300
Total Suspended Solids expressed as TSS
350
Phosphorus expressed as P
10
Total Kjeldahl Nitrogen expressed as TKN
100
Phenolic compounds
1
Chlorides expressed as Cl
1500
Cyanide expressed as CN
2
Sulphates expressed as SO4
1500
Fluoride expressed as F
10
Metals
Aluminum expressed as AI
50
Antimony expressed as Sb
5
Arsenic expressed as As
1
Bismuth expressed as Bi
5
Cadmium expressed as Cd
0.5
Chromium expressed as Cr
2.8
Cobalt expressed as Co
5
Copper expressed as Cu
2
Iron expressed as Fe
50
Lead expressed as Pb
1
Manganese expressed as Mn
5
Mercury expressed as Hg
0.05
Molybdenum expressed as Mo
5
Nickel expressed as Ni
2
Selenium expressed as Se
1
Silver expressed as Ag
5
Tin expressed as Sn
5
Titanium expressed as Ti
5
Vanadium expressed as V
5
Zinc expressed as Zn
3
Organic Parameters
Benzene
0.01
Chloroform / Trichloromethane
0.04
1,2-Dichlorobenzene
0.05
1,4-Dichlorobenzene
0.08
cis-1,2-Dichloroethylene, cis-1,2-DCE
4
Dichloromethane / Methylene chloride
2
trans-1,3-Dichloropropylene
0.14
Ethyl benzene
0.16
Nitrosodimethylamine- continuous
discharge single analysis maximum
0.0004
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Nitrosodimethylamine - batch discharge
maximum
0.0002
Nitrosodimethylamine - continuous
discharge maximum of any five consecutive
analysis
0.0002
PCBs / Chlorobiphenyls
0.004
1,1,2,2-Tetrachloroethane
1.4
Tetrachloroethylene, PCE
1.0
Toluene
0.27
Trichloroethylene, TCE
0.4
Xylenes (Total)
1.4
(2)
The prohibition in subsection (1) of this section shall not apply to
the discharge or deposit of Carbonaceous Biological Oxygen
Demand, Total Suspended Solids, Phosphorus and Total Kjeldahl
Nitrogen if:
(a)
the discharge or deposit is less than 0.5% on average and no
more than 1% at any time of the loading coming into the
receiving wastewater treatment plant as part of the Regional
Works; and
(b)
the discharge or deposit of effluent has no negative impact on
either the receiving Sanitary Sewer or Regional Works.
6.
No person shall add or cause the addition of water or any other Matter to
effluent for the purpose of dilution to achieve compliance with section 5
of this By-law.
7.
Nothing in this Part shall prevent the discharge or deposit of:
(1)
human waste; or
(2)
Matter or effluent by the Region as part of its operations and as
approved by the Commissioner.
PART IV - PROHIBITED DISCHARGES TO STORM SEWER
8.
No person shall discharge or deposit, or cause or permit the discharge or
deposit, of Matter directly or indirectly to a Storm Sewer unless the
discharge or deposit:
(1)
is uncontaminated cooling water, Storm Water or Uncontaminated
Water;
(2)
does not interfere with the proper operation of a Storm Sewer;
(3)
does not obstruct or restrict a Storm Sewer or the flow therein;
(4)
does not result in any hazard or other adverse impact, to any
person, animal, property, or vegetation;
(5)
does not impair the quality of the water in any well, lake, river,
pond, spring, stream, reservoir or other water or watercourse;
(6)
does not contravene or result in the contravention of an
approval issued under the Ontario Water Resources Act, the
Environmental Protection Act or any other Provincial legislation
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with respect to the Storm Sewer or any discharge from the Storm
Sewer into a watercourse; and
(7)
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.
PART V - PERMITS
9.
(1)
The Commissioner may issue a Surcharge Permit, Compliance
Permit, Temporary Discharge Permit or General Discharge Permit
to an Operator to allow a discharge of Matter that varies or
exceeds the limits prescribed in Part III of this By-law provided
that:
(a)
the discharge will not have an adverse impact on any
Sanitary Sewer or Regional Works where treatment of the
discharge may occur;
(b)
the Sanitary Sewer and Regional Works where treatment of
the discharge may occur has capacity to accept the
discharge;
(c)
the Operator is otherwise in compliance with all other terms
and conditions of this By-law; and
(d)
the specific criteria for the applicable Permit as prescribed
in this Part is satisfied.
(2)
The Commissioner may issue a Surcharge Permit to an Operator
to allow the discharge of Carbonaceous Biological Oxygen
Demand, Total Suspended Solids, Phosphorus and Total Kjeldahl
Nitrogen.
(3)
The Commissioner may issue a Compliance Permit to an
Operator if the discharge is necessary on a temporary basis to
allow the Operator to come into compliance with this By-law.
(4)
The Commissioner may issue a Temporary Discharge Permit to
an Operator if the discharge is for temporary de-watering related
to construction activities on the Operator's property and there are
no other reasonable disposal options for the discharge.
(5)
The Commissioner may issue a General Discharge Permit if the
discharge is for:
(a)
water that originated from a private well or rain harvesting
process on the Operator's property;
(b)
the purposes of a federal or provincial licence, permit,
approval or order and there are no other reasonable
disposal options for the discharge; or
(c)
the purposes of a municipal operation and there are no
other reasonable disposal options for the discharge.
10.
Any Operator who applies for a Permit shall provide the Commissioner
with the following information, as applicable:
(1)
the address for the property where the requested discharge will
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occur;
(2)
the waste characterizations, volume, timing and frequency of the
requested discharge;
(3)
the operating process that will generate the requested discharge;
(4)
the treatment, if any, as part of the operating process to eliminate
or reduce the requested discharge; and
(5)
such other information that the Commissioner requires to
determine if the Operator satisfies the applicable criteria for the
Permit.
11.
(1)
The Commissioner may issue a Permit that includes special
conditions in relation to:
(a)
the type, volume and timing of the discharge;
(b)
the Operator's obligation to carry out sampling and
reporting of the discharge to the Region on a periodic
basis; and
(c)
such other conditions that the Commissioner deems
necessary to eliminate or reduce any potential adverse
impact on any Sanitary Sewer or Regional Works where
treatment of the discharge may occur.
(2)
The Commissioner may suspend or revoke a Permit if the
Operator fails to comply with any special condition imposed
pursuant to subsection (1) of this section or if the Operator
otherwise fails to comply with the terms and conditions of this By
law.
(3)
The Commissioner, before suspending or revoking a Permit
pursuant to subsection (2) of this section, shall give the Permit
holder 30 days written notice by regular mail, effective five days
after mailing, to the address listed on the Permit and afford the
Permit holder the opportunity within the 30 days to either correct
the non-compliance or make written submissions to the
Commissioner as to why the Commissioner should not suspend or
revoke the Permit.
(4)
No Operator shall fail to comply with a special condition as
prescribed in a Permit.
12.
(1)
The fee for a Permit shall be in accordance with the Fees and
Charges By-law.
(2)
In addition to the fee in subsection (1) of this section, the fee for
the discharge of Carbonaceous Biological Oxygen
Demand, Total Suspended Solids, Phosphorus and Total Kjeldahl
Nitrogen that exceeds the limits prescribed in Part III of this By
law shall be calculated periodically, and paid by the Operator, in
accordance with Schedule "A" of this By-law together with the
rates as set out in the Fees and Charges By-law and shall apply
to each Permit.
13.
A Permit shall be for a period as determined by the Commissioner not to
exceed one year commencing on the date as specified by the
Commissioner in the Permit.
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14.
The Commissioner may renew a Permit provided that the renewal meets
all of the conditions as set out in this Part.
15.
(1)
The Commissioner may amend, suspend or revoke a Permit on
30 days written notice by regular mail, effective five days after
mailing, to the address listed on the Permit if the Commissioner
deems that it is necessary to ensure the proper operation of any
Sanitary Sewer or Regional Works where treatment of the
discharge may occur.
(2)
Notwithstanding subsection (1) of this section, the Commissioner
may immediately amend, suspend or revoke a Permit on written
notice by personal service to any person in charge or control of
the address listed on the Permit if there is an immediate need
relating to the proper operation of any Regional Works, a risk to
the health and safety of any person or other emergency.
PART VI - INTERCEPTORS
16.
Every Operator of a restaurant or other institutional or commercial
building or establishment where food is cooked, processed or prepared
that discharges directly or indirectly to a Sanitary Sewer shall install and
maintain an Interceptor in accordance with the most current requirements
of the Building Code to prevent any food oils or greases from entering
the Sanitary Sewer.
17.
Every Operator of a motor vehicle service station, mechanical repair
shop or any other establishment where motor vehicles are repaired,
lubricated or maintained that discharges directly or indirectly to a
Sanitary Sewer shall install and maintain an Interceptor in accordance
with the most current requirements of the Building Code to prevent any
mechanical oils or greases from entering the Sanitary Sewer.
18.
Every Operator of an establishment where sand, grit or similar material is
used in a commercial or industrial process that directly or indirectly
discharges to a Sanitary Sewer shall install and maintain an Interceptor
in accordance with the most current requirements of the Building Code to
prevent any sand, grit or similar material from entering the Sanitary
Sewer.
PART VII - SPILLS
19.
(1)
Every person having the charge, management and control of
Matter that is Spilled into a Sanitary Sewer or Storm Sewer and
every person who Spills or permits the Spill of Matter into a
Sanitary Sewer or Storm Sewer shall immediately notify and
provide any requested information with regard to the Spill to the
Region by contacting the Service First Call Centre, or a successor
call centre thereto, the Owner of the premises where the Spill
occurred, and any other person who may be directly affected by
the Spill.
(2)
When notifying the Region as set out in subsection (1) of this
section, the person shall, where applicable, provide the details of
when the Spill was reported to the Ontario Ministry of the
Environment Spills Action Centre, or any successor agency
thereto, including the date and time and the incident number
provided by the agency.
(3)
The person required under subsections (1) and (2) of this section
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to give notice shall, upon request by the Region, submit a detailed
written report on the Spill to the Commissioner within five days of
the Spill, containing the following information to the best of their
knowledge:
(a)
name of the company and the address or location where
Spill occurred;
(b)
name and telephone number of the person who reported
the Spill;
(c)
date and time of the Spill;
(d)
characteristics, composition, and volume of Matter Spilled
and any associated hazards;
(e)
corrective actions being taken to control the Spill including
work completed and any work still in progress in the
mitigation of the Spill; and
(f)
a Spill contingency plan to indicate how risk of future
incidents will be reduced and how future incidents will be
addressed.
(4)
The person required under subsections (1) and (2) of this section
to give notice shall do everything practicable to contain the Spill,
protect the health and safety of citizens, minimize damage to
property, protect the environment, clean up the Spill and restore
the affected area to its condition prior to the Spill.
PART VIII - SAMPLING
20.
(1)
Every Operator of a commercial, institutional, industrial or Multi-
residential building with one or more connections to a Sanitary
Sewer shall install and maintain in each connection a sample port
at or adjacent to the property line to a municipal roadway to allow
the Commissioner to observe, sample and measure the flow
within that connection.
(2)
Notwithstanding subsection (1) of this section, where installation
of a sample port is not physically possible, the Commissioner may
authorize in writing the use of an alternative sampling access
point provided that it allows for the same access and achieves the
same purpose as a sample port.
(3)
Every Operator who is required to install and maintain a sample
port pursuant to this section shall at all times ensure that the
sample port is safe, in good repair and accessible to the
Commissioner for the purposes of separately observing, sampling
and measuring the flow of the effluent therein.
(4)
No person shall break, damage, destroy, deface or tamper or
cause or permit the breaking, damaging, destroying, defacing or
tampering with any permanent or temporary device installed for
the purpose of measuring, sampling and testing of sewage flow
pursuant to this section in any sample port or an alternative
sampling access point.
21.
All samples taken to determine compliance with this By-law:
(1)
shall be by a grab sample or a composite sample;
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(2)
may contain additives for its preservation;
(3)
may be collected manually or by using an automatic sampling
device; and
(4)
shall be tested by an ISO 17025 accredited laboratory in
accordance with those methods determined by the Commissioner
as appropriate for the type of test, measurement, analysis, or
examination undertaken, which may include but not limited to
methods developed or approved, or both, by the Ontario Ministry
of the Environment and Climate Change, Environment Canada,
the United States of America Environmental Protection Agency or
any successor agencies thereto.
22.
The Commissioner may require any Operator to submit a Wastewater
Discharge Characterization Report to the Commissioner within 30 days
of the request that sets out the process and wastewater characterization
for the Operator's facility.
PART IX - ORDER
23.
(1)
If the Commissioner, a Municipal Law Enforcement Officer,
or an Environmental Officer is satisfied that a contravention of this
By-law has occurred, the Commissioner, Municipal Law
Enforcement Officer or Environmental Officer may make an order
requiring the person who contravened this By-law or who caused
or permitted the contravention to discontinue the contravening
activity.
(2)
An order under subsection (1) of this section shall set out,
(a)
reasonable particulars of the contravention adequate to
identify the contravention and the location of the land on
which the contravention occurred; and
(b)
the date by which there must be compliance with the order.
PART X- ENFORCEMENT
Enforcement
24.
This By-law may be enforced by the Commissioner, a Municipal Law
Enforcement Officer, an Environmental Officer or a Police Officer.
Offence
25.
Every person who contravenes a section of this By-law or an order made
pursuant to Part IX of this By-law, and every director or officer of a
corporation who knowingly concurs in the contravention by the
corporation, is guilty of an offence and on conviction shall be
liable to a fine not exceeding $50,000 exclusive of costs for each
offence.
26.
Every person who contravenes a section of this By-law or an order made
pursuant to Part IX of this By-law where the contravention is continuing,
and every director or officer of a corporation who knowingly concurs in
the contravention by the corporation, is guilty of a continuing offence and
on conviction shall be liable to a minimum fine of $500 and a maximum
fine of $10,000 for each day or part of a day that the offence continues.
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Prohibition Order
27.
If any section of this By-law or an order made pursuant to Part IX of this
By-law is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by the By-law, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may make an order prohibiting the continuation or repetition
of the offence by the person convicted.
Remedial Action
28.
Where any person contravenes this By-law or an order made pursuant
to Part IX of this By-law, the Region may take remedial actions at the
sole cost of the person contravening this By-law or an order made
pursuant to Part IX of this By-law to ensure that this By-law is complied
with, and the Region may recover the costs of such remedial work, by
court action or in like manner as property taxes.
Fees and Charges
29.
The Commissioner shall have all necessary authority to request that the
treasurer of the area municipality add any outstanding fees and charges
owing pursuant to this By-law to the tax roll to the property that was
connected to the Sanitary Sewer and collect them in the same manner
as municipal taxes.
30.
The Commissioner may cause the reduction or shut off of the supply of
water from a water distribution system that is owned or under the
jurisdiction of the Region on 14 calendar days notice if any outstanding
fees and charges owing pursuant to this By-law have not been paid in full
after the due date shown on the invoice. Any notice required pursuant to
this subsection shall be served by personal service or by prepaid mail or
by posting the notice on the property in a conspicuous location.
PART XI - GENERAL
Administration
31.
(1)
The Commissioner is responsible for the administration of this
By-law and shall have all necessary authority to administer this
By-law.
(2)
Without limiting subsection (1) of this section, the Commissioner
shall have the authority to:
(a)
prescribe administrative forms;
(b)
impose special conditions for any Permit;
(c)
approve a connection to a Regional Work; and
(d)
appoint Environmental Officers.
Schedules
32.
The Schedule to this By-law shall form an integral part of this By-law.
Conflict of Laws
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33.
Where a provision of this By-law conflicts with a provision of another By
law in force in the Region, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public
shall prevail.
Severability
34.
If any provision of this By-law is declared invalid for any reason by a
court of competent jurisdiction, only that invalid portion of the By-law
shall be severed and the remainder of the By-law shall still continue in
force.
Cumulative
35.
The various restrictions and remedies of this By-law are cumulative and
not mutually self-exclusive.
Short Title of Bylaw
36.
This By-law may be cited as the "Sewer Use By-law".
Force and Effect Date
37.
(1)
This By-law shall come into force and effect on January 1, 2022.
(2)
Bylaw 1-90, as amended, of the Region shall be repealed
effective on the coming into force of this By-law.
(3)
Notwithstanding subsection (2) of this section, By-law 1-90, as
amended, of the Region shall continue to apply to proceedings in
respect of offences that occurred before their repeal, as
applicable.
(4)
Notwithstanding subsections (1) and (2) of this section, any
surcharge agreement, compliance agreement or other agreement
entered into pursuant to Bylaw 1-90, as amended, or in relation to
any predecessor by-law thereof, with a term that exceeds January
1, 2022 shall remain in effect until terminated or expired pursuant
to the terms and conditions of the agreements.
(5)
Notwithstanding subsection (1) of this section, Part V of this By
law, and all necessary provisions ancillary thereto, shall come into
effect on August 1, 2021 and the Commissioner may process an
application for and issue a Permit provided that the Permit comes
into effect on January 1, 2022 or thereafter.
By-law read a first, second and third time and finally passed in the Council
Chamber in the Regional Municipality of Waterloo this 30th day of June, A.D.,
2021.
Regional Clerk
Regional Chair
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Schedule "A"
Surcharge Formula
ODF Si SnRs Bi Bn)Rb Pi PnRp (Ki KnRk V
1000
Where:
ODF = overstrength discharge fee in $
V =
quantity of sewage in m3
Si =
TSS (total suspended solids) in mg/L
Bi =
CBOD (carbonaceous biochemical oxygen demand) in mg/L
Pi =
P (phosphorus) in mg/L loading
Ki =
TKN (total kjeldhal nitrogen) in mg/L
Sn = by-law limit for TSS in mg/L = 350
Bn = by-law limit for BOD in mg/L
= 300
Pn = by-law limit for P in mg/L = 10
Kn = by-law limit for TKN in mg/L = 100
Rs = Unit cost per kilogram of TSS being treated in $/kg
Rb = Unit cost per kilogram of CBOD being treated in $/kg
Rp = Unit cost per kilogram of P being treated in $/kg
Rk = Unit cost per kilogram of TKN being treated in $/kg
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