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1
Consolidation
Current to
November 2009
THE CORPORATION OF THE CITY OF SAULT STE. MARIE
BY-LAW No. 2009-50
Sewer Use By-law
The Corporation of the City of Sault Ste. Marie hereby enacts as follows:
SECTION
1.
DEFINITIONS
.1
"acute hazardous waste chemical" means an acute hazardous waste
chemical within the meaning of Ont. Reg. 347, as amended from time to
time, as made under the Environmental Protection Act, R.S.O.1990;
.2
"animate products of biotechnology" means a material that is an acute
hazardous waste chemical within the meaning of O.Reg. 347, as amended
from time to time, made under the Environmental Protection Act, R.S.O.
1990;
.3
"biochemical oxygen demand (BOD)" means the 5-day BOD which is the
determination of the molecular oxygen utilized during a 5-day incubation
period for the biochemical degradation of organic material, and the oxygen
used to oxidize inorganic material such as sulphides and ferrous iron, and
the amount of oxygen used to oxidize reduced forms of nitrogen;
.4
"biosolids" means the organic solid materials recovered from the
wastewater treatment process;
.5
"blowdown water" means recirculating water that is discharged from a
cooling or heating 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;
.6
"carrier" means person who transports liquid material to the sewage works
for disposal;
.7
"chemical oxygen demand (COD)" means the oxygen equivalent of the
organic matter of a sample that is susceptible to oxidation by a strong
chemical oxidant;
.8
"City" means the Corporation of the City of Sault Ste. Marie;
.9
"City Engineer" means the Sault Ste. Marie City Engineer responsible for
the Construction and Environmental Engineering Division of the City of
Sault Ste. Marie or his/her duly authorized representative;
2
.10
"combined sewer" means a sewer intended to function simultaneously as a
storm sewer and a sanitary sewer;
.11
"combustible liquid" means a liquid that has a flash point not less that 37.8
degrees Celsius and not greater than 93.3 degrees Celsius;
.12
"Compliance Officer" means a person authorized by the City to carry out
observations and inspections and take samples as prescribed by this By-
law;
.13
"composite sample" means a volume of sewage, storm water,
uncontaminated water, or effluent made up of two or more grab samples
that have been combined automatically or manually and taken at intervals
during the sampling period;
.14
"connection" or "drain" means that part or those parts of any pipe or system
of pipes leading directly to a sewage works;
.15
"cooling water" means water that is used in a process for the purpose of
removing heat and that has not come into contact with any raw material,
intermediate product, waste product, or finished product, but does not
include blowdown water;
.16
"discharger" means an individual, association, partnership, corporation,
municipality, or an agent or employee thereof, in occupation or having the
charge, management, or control of a plant, sewage, storm water,
uncontaminated water or any combination thereof, to which this by-law
applies;
.17
"fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other
ignitable substance intended for use as a fuel;
.18
"grab sample" means a portion of the discharge from or deposit to the
sewage works taken at one particular time and place;
.19
"groundwater" means water beneath the earth's surface accumulating as a
result of seepage;
.20
"hauled industrial waste water" means any industrial waste, which is
transported to and deposited into any location in the sewage works
excluding hauled sewage within the meaning of O.Reg. 347 under the
Environmental Protection Act, R.S.O. 1990;
.21
"hauled sewage" means waste removed from a sewage system including a
cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a
portable toilet, or a sewage holding tank but does not include sludge
removed from wastewater treatment plants;
.22
"hauled waste' means any industrial waste, other than hauled sewage,
which is transported to and deposited into any location in the sewage works
excluding hauled sewage;
3
.23
"hazardous industrial waste" means a material that is a hazardous waste
within the meaning of O. Reg. 347, as amended from time to time under the
Environmental Protection Act, R.S.O. 1990;
.24
"hazardous waste chemical" means a material that is hazardous waste
chemical within the meaning of O. Reg. 347 was amended from time to
time under the Environmental Protection Act, R.S.O. 1990;
.25
"ignitable waste" means a substance that,
(i)
is a liquid, other than an aqueous solution containing less than 24
per cent alcohol by volume and has a flash point less than 61
degrees Celsius, as determined by the Tag Closed Cup Tester
(ASTM D-56-79), the Setaflash Closed Cup Tester (ASTM D-3243-
77 or ASTM D-3278-78) the Pensky-Martens Closed Cup Tester
(ASTM D-9309), or as determined by an equivalent test method,
(ii)
is a solid and is capable, under standard temperature and pressure,
of causing fire through friction, absorption or moisture or
spontaneous chemical changes and, when ignited, burns so
vigorously and persistently that it creates a danger;
(iii)
is an ignitable compressed gas (Class 2, Division D) as defined in
the regulations under the Transportation of Dangerous Goods Act,
1992, S.C. 1992, as amended,
(iv)
is an oxidizing substance (Class 5, Divisions 1 and 2) as defined in
the regulations under the Transportation of Dangerous Goods Act,
1992, S.C. 1992, as amended;
.26
"industrial" means of or pertaining to industry, manufacturing, commerce,
trade, business, or institutions as distinguished from domestic or residential;
.27
"industry" means any owner or operator of industrial or commercial premise
from which there is a discharge of any matter directly or indirectly into a City
sanitary sewer, combined sewer or storm sewer;
.28
"liquid material" means sewage that is suitable for treatment in a sewage
works and is transported to a sewage works for disposal and includes
hauled sewage and municipal sludge;
.29
"maintenance access hole" means an access point in a private or municipal
sewer to allow for observation, sampling and flow measurement of the
sewage, uncontaminated water or storm water therein;
.30
"matter" includes any solid, liquid or gas;
.31
"municipal sewer connection" means that part of any drain leading from a
private sewer connection and connected to the municipal sewer and
located within the limits of the public road allowance, or other public lands
or public land interests held for sewerage purposes;
.32
"municipal sludge" means the semi solid material that is a By-product of
municipally owned water and/or wastewater treatment facilities;
4
.33
"pathological waste" means pathological waste within the meaning of Ont.
Reg. 347, as amended from time to time, made under the Environmental
Protection Act, R.S.O. 1990 or any material which may be designated in
writing by the Chief Medical Officer of Health;
.34
"PCB" means any monochlorinated or polychlorinated biphenyl or any
mixture of them or mixture that contains one or more of them;
.35
"PCB waste" means a PCB waste within the meaning of Ont. Reg. 352, as
amended, made under the Environmental Protection Act, R.S.O. 1990;
.36
"person" means an individual, association, partnership, corporation,
municipality or an agent or employee of such a person;
.37
"pesticides" means a pesticide regulated under the Pesticide Act, R.S.O.
1990;
.38
"plant" means any site capable of discharging to a sewage works covered
by this by-law;
.39
"pH" means the logarithm to the base 10 of the reciprocal of the
concentration of hydrogen ions in moles per litre of solution;
.40
"premise" means any land or building or both or any part thereof;
.41
"private sewer connection" means that part of any drain or system of drains,
including drains or subsurface drainage pipe for surface or subsurface
drainage of the land in or adjacent to a building, lying within the limits of the
private lands and leading to a municipal sewer connection;
.42
"reactive waste" means a substance that,
(i)
is normally unstable and readily undergoes violent changes without
detonating,
(ii)
reacts violently with water,
(iii)
forms potentially explosive mixtures with water;
(iv)
when mixed with water, generates toxic gases, vapours or fumes in a
quantity sufficient to present danger to human health or the
environment;
(v)
is a cyanide or sulphide bearing waste which, when exposed to pH
conditions between 2 and 12.5, can generate toxic gases, vapours or
fumes in a quantity sufficient to present danger to human health or the
environment;
(vi)
is capable of detonation or explosive reaction if it is subject to a strong
initiating source or if heated under confinement;
(vii)
is readily capable of detonation or explosive decomposition or
reaction at standard temperature and pressure; or
5
(viii)
is an explosive (Class 1) as defined in the regulations under the
Transportation of Dangerous Goods Act, R.S.O. 1992, as amended;
.43
"sanitary sewer" means a sewer for the collection and transmission of
domestic, residential, commercial, institutional and industrial sewage or any
combination thereof;
.44
"severely toxic waste" means waste containing any contaminant listed in
Section 3 of Ont. Reg. 347, as amended from time to time, made under the
Environmental Protection Act, R.S.O. 1990;
.45
"sewage" means any liquid, solid or gas containing organic, inorganic,
animal, vegetable or mineral matter in solution or in suspension but does
not include storm water or uncontaminated water;
.46
"sewage works" means any works for the collection, transmission,
treatment or disposal of sewage and contaminated water, including a
combined sewer, sanitary sewer or storm sewer, or any part of such works,
but does not include plumbing or other works to which regulations made
under clause 75(3)(a) of the Ontario Water Resources Act, R.S.O.
1990.c.O.40. (OWRA) applies;
.47
"sewer" means a pipe, conduit, drain, open channel, ditch or watercourse
for the collection and transmission of sewage, stormwater, and/or
uncontaminated water, or any combination thereof;
.48
"spill" means a direct or indirect discharge or deposit to the sewage works
or the natural environment that is abnormal in quantity or quality in light of
all the circumstances of the discharge;
.49
"Standard Methods" means a procedure or method set out in Standard
Methods for the Examination of Water and Wastewater published jointly by
the American Public Health Association, American Water Works
Association and Water Environment Federation, latest edition;
.50
"storm sewer" means a sewer for the collection and transmission of
uncontaminated water, storm water, drainage from land and from a
watercourse or any combination thereof;
.51
"storm water" means water from rainfall, other natural precipitation,
drainage or from the melting of snow or ice;
.52
"subsurface drainage pipe" means a pipe that is installed underground to
intercept and convey subsurface water, and includes foundation drain
pipes;
.53
"total Kjeldahl nitrogen (TKN)" means the measure of both ammonia and
organic forms of nitrogen. Both of these forms of nitrogen are present in
nitrogenous organic detritus from natural biological activities. Organic
nitrogen is present in proteins, amines, urea, etc. TKN is used as an
indicator of sanitary water quality. Ammonia and organic nitrogen are
important for assessing available nitrogen for biological activities.
6
.54
"total PAH's" means the total of all polycyclic aromatic hydrocarbons:
anthracene,
Benzo(a)pyrene,
Benzo(a)anthracene,
Benzo(e)pyrene,
Benzo(b)fluoranthene,
Benzo(j)fluoranthene,
Benzo(k)fluoranthene,
Benzo(g,
h,
I)perylene,
chrysene,
dibenzo(a,h)anthracene,
dibenzo(a,I)pyrene,
dibenzo(a,j)acridine,
7H-dibenzo(c,g)carbazole,
fluoranthese,
indeno(1,2,3-c,d)pyrene,
perylene,
phenanthrene,
and
pyrene;
.55
"uncontaminated water" means water reaching a level of quality which is
typical of potable water as supplied by the City or whose quality meets or
exceeds the values in Table 2 of this document.
.56
"waste disposal site leachate" means the liquid containing dissolved or
suspended contaminants that emanates from waste and is produced by
water percolating through the waste or by liquid in the waste;
.57
"waste radioactive prescribed substances" means uranium, thorium,
plutonium, neptunium, deuterium, their respective derivatives and
compounds and such other substances as the Atomic Energy Control
Board may designate as being capable of releasing atomic energy or as
being requisite for the production, use or application of atomic energy;
.58
"watercourse" means an open channel, ditch or depression either natural or
artificial, in which water flows either continuously or intermittently; and
.59
"waters" means a well, lake, river, pond, spring, stream, reservoir, artificial
watercourse, intermittent watercourse, or other water or watercourse.
SECTION
2.
SANITARY SEWERS
.1
No person shall discharge directly or indirectly, discharge or deposit or
cause or permit the discharge of sewage into a sanitary sewer, combined
sewer, municipal or private sewer connection to any sanitary sewer or
combined sewer in circumstances where:
(i)
To do so may cause or result in,
(a)
a health or safety hazard to a person authorized by the City or
City Engineer to inspect, operate, maintain, repair, or otherwise
work on a sewage works;
(b)
an offence under the Ontario Water Resources Act or the
Environmental Protection Act, as amended from time to time, or
any regulation made thereunder from time to time;
(c)
biosolids from a sewage works to which either sewage
discharge, directly or indirectly, to fail to meet the objectives
and criteria as set out in the Ministry of the Environment
publication entitled "Guidelines for the Utilization of Biosolids
and Other Wastes on Agricultural Land" dated March 1996, as
amended from time to time;
7
(d)
interference with the operation or maintenance of a sewage
works, or the impairment or interference with any sewage
treatment process;
(e)
a hazard to any person, animal, property or vegetation;
(f)
an offensive odour to emanate from sewage works, and without
limiting the generality of the foregoing, sewage containing
hydrogen sulphide, carbon disulphide, or other reduced sulphur
compounds, amines or ammonia in such quantity as may cause
an offensive odour;
(g)
damage to a sewage works; or
(h)
an obstruction or restriction to the flow in the sewage works.
(ii)
The sewage has one or more of the following characteristics:
(a) a pH of less than 6.0 or greater than 10.5; or
(b) two or more separate liquid layers; or
(c) a temperature greater than sixty (60) degrees Celsius.
(iii) The sewage contains:
(a)
acute hazardous waste chemicals;
(b)
biomedical waste, except where the sewage meets the
Conditions for discharge as listed in the Ontario Ministry of
Environment Guideline C-4 entitled "The Management of
Biomedical Waste in Ontario" dated December 2001, as
amended from time to time;
(c)
combustible liquid;
(d)
dyes or colouring materials which when passed through a
sewage works discolour the sewage works effluent;
(e)
fuel;
(f)
hauled sewage, except where:
i. the hauled sewage is being discharged from a recreational
vehicle;
ii. the carrier of the hauled sewage is a waste management
system operating under a Certificate of Approval or
Provisional Certificate of Approval issued under the EPA or
is exempt from the requirement to have a certificate or
Provisional Certificate of Approval;
iii. a copy of the most recent Certificate or Provisional
Certificate and any amendment is provided to the City; and
iv. the carrier meets all conditions for discharge that are or may
be required from time to time by the City.
8
(g) hauled industrial wastewater, except where;
i.
the carrier of the hauled sewage is a waste management
system operating under a Certificate of Approval or
Provisional Certificate of Approval issued under the EPA or
is exempt from the requirement to have a Certificate or
Provisional Certificate of Approval;
ii. a copy of the most recent Certificate or Provisional
Certificate and any amendment is provided to the City; and
iii. hauled waste meets the conditions set out in clauses
23(3)(c) and 25(5)(b) of O.Reg. 347, R.R.O. 1990, as
amended from time to time; and
iv. carrier meets all conditions for discharge that are or may be
required from time to time by the City.
(h) ignitable waste;
(i)
hazardous industrial waste;
(j)
hazardous waste chemicals;
(k)
municipal sludge, except where;
i.) the discharge is expressly authorized in writing by the City
Engineer, in accordance with guidelines adopted by the City
from time to time, prior to the discharge; and/or
ii.) the person has entered into an agreement with the City
which expressly authorizes the discharge and includes such
other conditions, including compensation and monitoring
requirements; and
iii.) any fees required to be paid to the City pursuant to an
agreement are paid within 30 days of the date of the invoice
from the City.
(l)
pathological waste, except where the waste has been
decontaminated prior to discharge and;
i.) the industry has a Certificate of Approval from the Ministry of
the Environment which expressly allows the discharge or
written approval from the Director of the Ministry of the
Environment which expressly authorizes the discharge from
the premise;
ii.) the industry has written approval from the City Engineer
which expressly authorizes the discharge from the premise;
and
iii.) a copy of the Certificate of Approval or written authorization
referred to in clause (a) has been provided to the City.
(m) PCBs, except where:
i.) the person has a Certificate of Approval for a mobile site or
PCB mobile waste disposal system issued under the
Environmental Protection Act ("EPA") or where the person is
claiming exemption under a regulation, the person has
demonstrated to the City Engineer that the conditions of the
exemption are met;
9
ii.) a copy of the most recent Certificate of Approval or
Provisional Certificate of Approval and any amendment is
provided to the City Engineer;
iii.) the person has written approval from the City Engineer that
the person has met a condition for an exemption under the
regulations in relation to their discharge of PCBs to the
sewage works; and
iv.) the discharge contains a concentration of less than 1
microgram per litre of PCBs.
(n)
pesticides;
(o)
reactive waste;
(p)
severely toxic waste;
(q)
waste radioactive prescribed substances, except where:
i.) the waste radioactive prescribed substances are being
discharged under a valid and current license issued by the
Atomic Energy Control Board or its successor; and
ii.) a copy of the license and Certificate of Approval have been
provided to the City Engineer.
(r)
waste disposal site leachate, except where:
i.) the waste disposal site leachate is discharged pursuant to a
Certificate of Approval or Order relating to the premise under
the EPA or the Ontario Water Resources Act ("OWRA")
which expressly allows the discharge;
ii.) it has been deemed that the leachate is treatable by the
City's operator and the operator is willing to accept the
wastewater for treatment; and
iii.) the person has written approval from the City Engineer to
discharge the leachate into the City's sanitary sewer system
prior to any discharge, subject to any limitation that may be
imposed in granting such approval.
iv.) the Certificate of Approval referred to in clause (a) has been
provided to the City Engineer.
(iv)
The sewage contains a concentration, expressed in milligrams per
litre, in excess of any one or more of the parameter limits set in
Table 1.
.2 The discharge of storm water, surface water, ground water, non-contact
cooling water or uncontaminated water to a sanitary or combined sewer is
prohibited unless authorized in writing by the City Engineer in accordance
with guidelines adopted by the City from time to time except where:
(i)
the owner or operator of the premise has entered into, or has
expressed in writing the intent of the agreement or compliance
program with the City; and
(ii)
any fee set by the City has been paid within 30 days of invoicing.
.3
(i)
No person shall discharge water originating from a source other than
10
the City water supply directly or indirectly to a sanitary sewer or
combined sewer, unless:
(a) the discharge is expressly authorized in writing by the City
Engineer in accordance with any guidelines adopted by the City
from time to time, prior to the discharge, and/or
(b) the discharge is in accordance with any discharge agreement
that has been entered into with the City; and
(c) any fees required to be paid to the City pursuant to any
discharge agreement or extra strength surcharge agreement
has been paid within 30 days of the date of the invoice from the
City.
(ii) The provisions of Section 2.3 do not apply where:
(a)
the discharge is in accordance with an extra strength
surcharge agreement or expressly authorized in writing by the
City Engineer in accordance with this by-law prior to the
discharge; and
(b)
any fee set by the City has been paid within 30 days of the
date of the invoice from the City.
.4 No person shall add water or any other material from any source of sewage
for the purpose of dilution to achieve compliance with this By-law and any
such added water or material shall be disregarded for the purpose of
calculating whether a limit has been complied with.
11
Table 1: Limits for Sanitary Sewer Discharges
Parameter
Limit
(mg/L)
Parameter
Limit (mg/L)
Biochemical Oxygen
demand
300
Benzene
0.01
Cyanide (Total)
2.0
Chloroform
0.04
Fluoride
10.0
1, 2-Dichlorobenzene
0.05
Nitrogen (Total Kjeldahl)
100
1, 4-Dichlorobenzene
0.08
Oil & Grease - Animal and
Vegetable
100
Cis-1, 2-Dichlorobenzene
4.0
Oil & Grease - Mineral &
Synthetic
15
Trans-1, 3-
Dichloropropylene
0.14
Phenolics (4AAP)
1.0
Ethyl benzene
0.16
Phosphorous (Total)
10
Methylene chloride
2.0
Suspended Solids (Total)
350
1, 1, 2, 2 -
Tetrachloroethane
1.4
Aluminum (Total)
50
Tetrachloroethane
1.0
Antimony (Total)
5.0
Toluene
0.016
Arsenic (Total)
1.0
Trichlolethylene
0.4
Cadmium (Total)
0.7
Xylenes (Total)
0.2t
Chromium (Hexavalent)
2.0
Di-n-butyl phthalate
0.08
Chromium (Total)
2.0
Bis (2-ethylhexyl) phthalate
0.012
Cobalt (Total)
5.0
Nonylphenol
0.001
Copper (Total)
2.0
Nonylphenolethoxylates
0.01
Lead (Total)
1.0
Aldrin/dieldrin
0.0002
Manganese (Total)
5.0
Chlordane
0.1
Mercury (Total)
0.01
DDT
0.0001
Molybdenum (Total)
5.0
Hexachlorobenzene
0.0001
Nickel (Total)
2.0
Mirex
0.1
Selenium (Total)
1.0
PCBs
0.001
Silver (Total)
5.0
3, 3' - bichlorodenzidine
0.002
Tin (Total)
5.0
Hexachlorocyclohexane
0.1
Titanium (Total)
5.0
Pentachlorophenol
0.005
Vinyl Chloride
0.04
Total PAHs
0.005
Zinc (Total)
2.0
12
SECTION
3.
STORM SEWERS
.1
No person shall discharge or deposit or cause or permit the discharge or
deposit of matter of any type into a storm sewer, drainage works,
watercourse, pond, or municipal or private sewer connection to any storm
sewer, which may or could:
(i) interfere with the proper operation of a storm sewer or a storm water
treatment facility;
(ii)
obstruct or restrict a storm sewer or the flow therein;
(iii)
damage a storm sewer or storm water treatment facility;
(iv) result in any hazard or other adverse impact to any person, animal,
property or vegetation;
(v)
contravene or result in the contravention of a Certificate of Approval or
Provisional Certificate of Approval issued under the Ontario Water
Resources Act or the Environmental Protection Act (Ontario) with
respect to storm sewers and/or its discharge; and
(vi) have any one or more of the following characteristics:
(a)
visible film, sheen or discolouration;
(b)
two or more separate layers;
(c)
a pH less than 5.5 or greater than 9.5;
(d)
a temperature greater than 40 °C (degrees Celsius)
(vii) contain one or more of the following waste/product types:
(a)
biomedical waste as defined by the Ontario Ministry of the
Environment Guideline C-4 entitled "The Management of
Biomedical Waste in Ontario" Dated April, 1994 as amended from
time to time;
(b)
acute hazardous waste chemicals;
(c)
blowdown water;
(d)
combustible liquid;
(e)
floating debris;
(f)
fuel;
(g)
hauled sewage;
(h)
hauled industrial wastewater;
(i)
hazardous industrial waste;
(j)
hazardous waste chemicals;
(k)
ignitable waste;
(l)
pathological waste;
(m) PCBs
(n)
pesticides
(o)
reactive waste;
(p)
severely toxic waste;
(q)
sewage;
(r)
waste radioactive prescribed substances;
13
(s)
waste disposal site leachate;
(t)
a substance from raw materials, intermediate or final product,
used or produced in, through or from an industrial process; or
(u)
a substance used in the operation or maintenance of an industrial
site.
(viii) contain E.coli colonies in excess of 200 per 100 mL;
(ix) contains a concentration expressed in milligrams per litre, in excess of
any one or more of the limits established in Table 2.
.2
No person shall add water or any other material from any source to storm
water for the purpose of dilution to achieve compliance with this By-law.
.3
Any such added water or material shall be disregarded for the purpose of
calculating whether a limit has been complied with.
.4
A discharger shall be required, upon receipt of a Notice from the City
Engineer, to comply with one or more of the following initiatives addressing
storm water discharged from a property which contains a concentration,
expressed in milligrams per litre, in excess of any one or more of the criteria
set out in Section 3.1 above:
(i)
a study of storm water quality and/or quantity;
(ii)
maintenance, modification and/or construction of a stormwater
management facility; or
(iii)
development and implementation of a stormwater best management
strategy.
14
Table 2: Limits for Storm Sewer Discharges
Parameter
Limit
(mg/L)
Parameter
Limit
(mg/L)
Biochemical Oxygen
demand
15
1, 2-Dichlorobenzene
0.0056
Cyanide (Total)
0.02
1, 4-Dichlorobenzene
0.0068
Phenolics (4AAP)
0.008
Cis-1, 2-Dichlorobenzene
0.0056
Phosphorous (Total)
0.4
Trans-1, 3-Dichloropropylene
0.0056
Suspended Solids (Total)
15.0
Ethyl benzene
0.002
Oil & Grease - Mineral &
Synthetic
15.0
Methylene chloride
0.0052
Aluminum (Total)
1.0
1, 1, 2, 2 - Tetrachloroethane
0.017
Ammonia
10.0
Tetrachloroethane
0.0044
Arsenic (Total)
0.02
Toluene
0.002
Barium (Total)
1.0
Trichlolethylene
0.0076
Cadmium (Total)
0.008
Xylenes (Total)
0.0044
Chlorine (Free)
0.1
Di-n-butyl phthalate
0.015
Chromium (Total)
0.08
Bis (2-ethylhexyl) phthalate
0.0088
Chromium (Hexavalent)
0.04
Nonylphenol
0.001
Copper (Total)
0.04
Nonylphenol ethoxylates
0.01
Lead (Total)
0.12
Aldrin/dieldrin
0.00008
Manganese (Total)
0.05
Chlordane
0.04
Mercury (Total)
0.0004
DDT
0.00004
Nickel (Total)
0.08
Hexachlorobenzene
0.00004
Selenium (Total)
0.02
Mirex
0.04
Silver (Total)
0.12
PCBs
0.004
Tin (Total)
1.0
3, 3' - bichlorodenzidine
0.008
Zinc (Total)
0.04
Hexachlorocyclohexane
0.04
Benzene
0.002
Pentachlorophenol
0.002
Chloroform
0.002
Total PAHs
0.002
15
SECTION
4.
LIQUID MATERIALS TRANSPORTED TO SEWAGE WORKS
.1
Except as permitted by this Section, the disposal of liquid material to the
sewage works is prohibited.
.2
No person shall dispose of liquid material to the sewage works without
having first procured an annual permit.
.3
A carrier must submit to the City Engineer an application for an annual
permit on the form provided by the City Engineering Department.
.4
Upon the application for an annual permit by the carrier and the payment
by the carrier of the annual permit fee, the City Engineer may issue an
annual permit.
.5
The City Engineer shall establish by annual permit the conditions for
discharge and disposal of liquid material at the sewage works and the
expiry of the annual permit.
.6
A carrier with a valid permit shall:
(i)
deliver and dispose of liquid material in accordance with the
procedures for discharge that are or may be set from time to time
by the City;
(ii)
comply with all conditions of the annual permit;
(iii)
pay fees for the disposal of liquid material that are or may be set
from time to time by the City;
(iv)
provide on request of the City Engineer, samples of the liquid
material or analysis of such samples or both, prior to the discharge
of liquid material at his or her cost; and
(v)
submit prior to disposal of liquid material, manifests on the form
issued by the City Engineer, each part of which has been
accurately completed from that load of liquid material, unless
otherwise directed by the City Engineer.
.7
The City Engineer may:
(i)
revise a valid annual permit issued to a carrier upon submission of
an application and payment of any associated fees;
(ii)
at any time collect samples of the liquid materials for analysis;
(iii)
refuse to issue an annual permit or revise an annual permit if,
among other things, the information provided on the application
form is deficient or incorrect, the liquid materials to be transported
to the sewage works is prohibited, the annual permit fee has not
been paid for or the carrier has failed to comply with the conditions
of the annual permit;
16
(iv)
establish, from time to time, application forms for annual permits,
manifest forms for disposal of liquid material, and procedures
relating the discharge and disposal of liquid material;
(v)
cancel an annual permit if the carrier fails to comply with the
conditions of the annual permit or fails to comply with the provisions
of this Section;
(vi)
exempt a carrier from the requirement to equip vehicles with
automatic card swipe upon receipt of a written request from the
carrier;
(vii)
require the liquid material from an industrial premise be pretreated
so that it is in compliance with all the discharge limits outlined in
Table 1, prior to being discharged to the sewage works; and
(viii)
require the carrier and/or generator of the liquid material to enter
into an agreement pursuant to Section 7 of this By-law for the
disposal of certain types of liquid material.
(ix)
request the operator of the sewage works administer the permitting
process.
(x)
request the operator of the sewage works refuse liquid waste
transported to the sewage works, if in their professional opinion
there is reason to do so (ie: works are in by-pass conditions).
.8
Liquid material generated outside the City that is subsequently transported
to the sewage works for disposal shall be deemed to be sewage generated
outside of the City for the purpose of paying fees, and shall be manifested
as such. Permission/approval from the City Engineer shall be required
prior to acceptance of any liquid material that has been generated outside
the City limits.
SECTION
5.
DISCHARGER SELF-MONITORING
.1
A discharger shall complete any monitoring or sampling of any discharge
to a sewage works, as required under any surcharge agreement or any
discharge agreement and provide the results to the municipality in
accordance with written notification of the City Engineer.
.2
The obligation set out in or arising out of Section 5.1 shall be completed at
the expense of the discharger unless the municipality has agreed in writing
to share the expense with the discharger.
17
SECTION
6.
PLANNING AND REPORTING REQUIREMENTS
.1
The City Engineer may order a Subject Sector discharger which falls within
one of the defined Subject Sector categories in Appendix 1, which
discharges any amount of waste water which contains a subject pollutant,
as listed in Appendix 2, to prepare and submit, within 90 days of the order,
a Pollution Prevention Plan, in accordance with the Ontario Ministry of the
Environment, to the City Engineer with respect to the premise from which
the discharge occurs.
.2
The pollution prevention plan shall compare waste water effluent
characteristics from the ordered discharger's premise to applicable limits
contained in this By-law for subject pollutants and shall identify a strategy
for pollution prevention complete with implementation considerations for
any discharge which exceeds the By-law limits.
.3
The City Engineer shall review and approve the pollution prevention plan
unless the City Engineer determines that the plan does not comply with the
requirements of this By-law.
.4
Summary Pollution Prevention Reports shall be prepared and submitted to
the City Engineer annually, or by the 1st day of March each year, detailing
effluent characteristics from the ordered discharger's premise for the
subject pollutants and the progress that has been made to implement the
pollution that prevention plan until the pollution prevention plan has been
fully implemented or the City Engineer, by way of written notice to the
ordered discharger, gives notice that the City is satisfied that all the waste
water discharges are in compliance with this By-law.
SECTION
7.
SURCHARGE AGREEMENTS
.1
The municipality may authorize an extra strength surcharge agreement
with a discharger to permit Table 1 exceedances, as set out in Section 2.1,
for any one or more of the following parameters where sewage is
discharged to a sanitary sewer or a combined sewer:
(i)
biochemical oxygen demand (BOD5);
(ii)
phenolics (4AAP);
(iii)
oil and grease - animal and vegetables;
(iv)
nitrogen (total kjeldahl);
(v)
phosphorous (total);
(vi)
suspended solids (total);
(vii)
any one of benzene, toluene, ethylbenzene, or xylene provided that
all of the other three BTEX parameters are in compliance with
Table 1 and the wastewater is derived from a site cleanup project
and has been treated prior to discharge.
18
.2
The City Engineer may authorize temporary extra strength surcharge
agreements for parameters as outlined in Section 6.1 where the discharge
is a temporary use or an out of town source and the discharge period shall
be less than 6 months in duration.
.3
The surcharge agreement shall contain terms and/or conditions including
terms and conditions related to payment of surcharge treatment fees as set
out in Appendix 3, as amended from time to time and within the Sault Ste.
Marie User Fee By-law.
.4
During the term of the extra strength surcharge agreement, the discharger
is exempted from meeting the limits as set out in Table 1, subsection 2.1,
for such parameters, which have been agreed to be exceeded.
.5
The surcharge agreement must specify an acceptable upper limit for the
exempted parameter and must set out a specified period of time for an
agreement to be reviewed or renewed. Exceeding a limit established in a
surcharge agreement will not be grounds for a prosecution under the By-
law but may be grounds for termination or review of the surcharge
agreement as determined by the City Engineer.
.6
The City Engineer may terminate an extra strength surcharge agreement,
upon 30 days notice:
(i)
if the term of the surcharge agreement is not upheld;
(ii)
if the effluent to which the surcharge agreement applies causes the
sewage works effluent to contravene any requirement by or under
the Ontario Water Resources Act or the Environmental Protection
Act, as amended from time to time, or any regulation made
thereunder from time to time; or
(iii)
if the effluent to which the surcharge agreement applies causes a
hazard to a person, animal, property or vegetation.
SECTION
8.
DISCHARGE AGREEMENTS
.1
No person shall discharge hauled sewage or hauled industrial wastewater
or sewage or any substance from lands which are not directly connected to
a sewer, into a storm sewer, sanitary sewer, or a combined sewer, or a
public or private connection leading to a storm sewer, sanitary sewer or
combined sewer, without a discharge agreement approved by the City
Engineer.
.2
An application for a Discharge Agreement shall be submitted to the City
Engineer on the form attached in Appendix 3, as amended from time to
time.
.3
The City shall designate approved locations for all hauled sewage or
hauled industrial wastewater discharges or for any other substance
discharged into the City's sewer system under a discharge agreement.
19
.4
The City may, at its discretion, change the location of the designated
discharge site at any time. All holders of a discharge agreement and those
authorized to use a discharge site shall be given 30 days notice of the
change and the agreement conditions shall automatically change
accordingly, and the City shall not be liable for any costs that may accrue
to the holder of the discharge agreement for a change in discharge
location.
.5
At any time the City may establish access security controls for any sewer
access point and may require discharge agreement holders to use a
security pass to obtain access to a designate discharge site.
.6
The fees set out shall be paid to the City by the person holding the
discharge agreement to use a security pass to obtain access to designated
discharge site.
.7
Any party to a discharge agreement who is in contravention to subsections
8.5 or 8.6 may be prohibited from use of the City's sanitary sewer system
for the purpose of making discharges of hauled sewage or hauled
industrial waste water by the order of the City Engineer.
.8
No person shall discharge to a sewer of the City in contravention of an
order by the City Engineer under Subsection 8.7.
.9
Any party to a discharge agreement shall enable the City Engineer to carry
out such audits or to undertake such sampling as may be required for the
purposes of determining compliance with this By-law.
.10
Any wastewater discharged to a municipal sewer under a discharge
agreement exceeding the limits of this by-law shall require a separate extra
strength surcharge agreement.
.11
A sanitary sewer agreement may be entered into for the discharge of
sewage containing water that has originated from a source other than the
City's water distribution system.
SECTION
9.
COMPLIANCE PROGRAM
.1
An industry may submit to the City Engineer a proposed compliance
program setting out activities to be undertaken by the industry that would
result in prevention or reduction and control of the discharge or deposit of
matter from the industries premise into municipal or private sewer
connections to any sewer or combined sewer.
.2
An industry may submit to the City Engineer a proposed compliance
program setting out activities to be undertaken by the industry that would
result in the prevention or the reduction and control of the discharge or
deposit of uncontaminated water, or storm water from the industry's
premise to eliminate the discharge of matter into municipal or private sewer
connections to any storm sewer. [AMENDED BY BY-LAW 2009-185]
20
.3
Upon receipt of an application pursuant to Subsection .1 and .2
above, the City Engineer may issue an approval for a compliance
program for an industry to discharge an effluent that does not
comply with Table 1 or Table 2 of this By-law. The industry shall be
entitled to make non-complying discharges in the amount and only to
the extent set out in the City Engineer's approval prior to the
planning, design and construction or installation of facilities or works
needed
to
implement
the
approved
compliance
program.
[AMENDED BY BY-LAW 2009-185]
.4
Every proposed compliance program shall be for the specified length of
time during which treatment facilities are to be installed, and shall be
specific as to the remedial actions to be carried out by the industry, the
dates of commencement and completion of the activity, and the materials
or other characteristics of the matter to which it relates and may provide for
the payment of fees. The final activity completion dates shall not be later
than the final compliance completion dates for the program.
.5
The industry to which the compliance program has been issued shall
submit a compliance program progress report to the City Engineer within
14 days of the completion date of each activity listed in the compliance
program.
.6
The City Engineer is authorized to execute agreements with respect to the
approved compliance programs which agreements may in accordance with
guidelines adopted by the City from time to time, including a provision for a
reduction in the payment otherwise required from the industry to the City
pursuant to a Special Discharge Agreement. The reduction in payment to
the City may be in such an amount and for such duration as the agreement
may specify.
.7
The City Engineer may terminate any approved compliance program
agreement entered into pursuant to this Section at any time on 30 days
written notice to the industry in the event that the industry fails or neglects
to carry out or diligently pursue the activities required of it under its
approved compliance program, and in the event of such termination, the
industry shall pay to the City the full difference in amount between what
was required to pay to the City pursuant to the discharge agreement, and
the amount actually paid to the City as a result of having entered into an
agreement with respect to the approved compliance program.
.8
A compliance program contemplated by this Section may be terminated by
the City by written notice at any time where there is an emergency situation
or immediate threat or danger to any person, property, plant or animal life,
or waters.
.9
Any fees required to be paid to the City pursuant to an agreement are paid
within 30 days of the date of the invoice from the City.
.10
A permit may be issued by the City Engineer to other City's departments,
commissioners or local boards where the provisions of this Part provide
that the City Engineer may enter into a compliance program and such a
permit shall set out the conditions for any discharge or deposits as would
otherwise be set out by compliance programs.
21
SECTION
10.
SAMPLING AND ANALYTICAL REQUIREMENTS
.1
The sampling and analysis required by this By-law shall be carried out in
accordance with the procedures, modified or unmodified, as described in
Standard Methods of the "Guidance Document for Sampling and Analysis
of Wastewater for the 1999 Model Sewer Use By-law", the United States
Environmental Protection Agency methods adopted by the City.
.2
Compliance or non-compliance with this By-law may be determined by the
analysis of a grab sample or a composite sample done in accordance with
subsection 10.1, may contain additives for its preservation and may be
collected manually or may be done so using automated sampling devices.
.3
Where there is no maintenance access hole meeting the requirements of
Section 10 of the By-law, the City Engineer may, by written notice to an
industry, make use of an alternative device or facility for the purpose of
sampling a discharge to the sewage works.
SECTION
11.
SPILLS
.1
In the event of a spill to a sewage works; in addition to reporting
responsibilities to the Ontario Spills Action Centre; the person responsible
and/or the person having the charge, management and control of the spill
shall immediately notify the City Engineer by reporting to the Public Works
and Transportation Department (705-759-5201) and in the case of a spill
into a sanitary sewer, the City's operating authority, and provide all
pertinent information with regard to the spill that is being reported,
including:
a) Company name and address and location of the spill;
b) Date, time and duration of the spill event;
c) Complete description of the spill, including type and volume of
material discharged and any associated hazards as would be
outlined on a material safety data sheet (MSDS);
d) A copy of the MSDS for the spilled material if available;
e) Details of clean up actions that have been initiated including
actions taken to prevent the material from leaving the property,
and the name(s) of any contractors that may be on site assisting
with clean up;
f) If spilled material is being vacuumed or captured by another
method, the destination of the captured material;
g) Agencies notified of the spill and corresponding notification
times;
h) Name and phone number of the person reporting the spill and
location where that person can be reached;
i)
Name and phone number of the person in charge of cleaning up
the spill and location where that person can be reached.
22
(ii) The person reporting the spill shall provide a written report
containing the above information with respect to the spill to be
received by the City Engineer within 5 days after the spill. The
written report shall also include the following:
(a) Detailed description of clean-up procedures on or off the
property including dates, times and a list of the names of any
contracted assistance utilized during the clean-up;
(b) Weather conditions at the time of the spill and clean-up;
(c) Corrective actions to prevent a similar occurrence in the future.
.2
The person responsible for the spill or the person having the charge,
management and control of the spill do everything reasonably possible to
contain the spill, protect the health and safety of citizens, minimize property
damage, protect the environment, clean up the spill and contain residue
and restore the affected area to its condition prior to the spill.
.3 All costs incurred by the City as a result of such discharge shall be borne by
the person responsible for the spill.
SECTION
12.
GENERAL
.1
Maintenance hole access
(i)
The owner or operator of commercial, institutional or industrial
premise, or multi residential buildings, with more than 9 units, which
is connected to a sewage works shall install and maintain in good
repair in each connection to a sewage works, a suitable
maintenance hole to allow for observation, sampling and flow
measurement of the sewage, uncontaminated water or storm water
therein, or provide, where the installation of a maintenance access
hole is not possible, an alternative device or facility with the prior
written approval of the City Engineer;
(ii)
The maintenance access hole or alternative device or facility shall
be located on the property of the owner or the operator of the
premise, as close to the property line as possible, unless the City
Engineer has given prior written approval for a different location;
(iii)
Each maintenance access hole, device or facility installed as
required under subsection 10.1 b) shall be designed and
constructed in accordance with good engineering practices and
shall be constructed and maintained at the owner or operator's
expense; and
(iv)
The owner or operator of a commercial, institutional or industrial
premise, or a multi story residential building shall at all time ensure
that all maintenance access holes required by this By-law are fully
accessible to the City Engineer for the purpose of observing or
sampling sewage, uncontaminated water or storm water therein.
23
.2
Monitoring devices
(i)
Monitoring devices may be required of the owner or operator of a
commercial, institutional, or industrial premise, or multi-storey
residential building to monitor sewage, uncontaminated water or
stormwater discharges and to submit regular reports regarding
discharges to the City.
.3
Food related grease interceptors
(i)
Every owner or operator of a restaurant in an industrial, commercial
or institutional premise that prepares, cooks or processes food
products and is connected directly or indirectly to a sewer, shall
install and maintain a functioning grease interceptor;
(ii)
Every owner or operator of a grease trap required under subsection
12.3(i) shall ensure that every effort is taken to limit or minimize
grease from entering the City's sanitary sewer system;
(iii)
All new or replacement grease traps required under Section 12.3(i)
shall ensure that they are isolated from any discharge from a glass
washer, dishwasher or any appliance which discharges hot water at
a temperature greater than 65 ºC (degrees Celsius) but not a hot
water tank;
(iv)
The use of emulsifying degreasers to clean grease traps is
prohibited;
(v)
The City Engineer may order an owner or operator of a grease trap
required under Section 12.3(i) to undertake regular maintenance of
the grease trap and to maintain a maintenance log to document
when maintenance work is performed.
(vi)
The owner or operator of a grease trap required under Section
12.3(i) shall at all times ensure that all maintenance records
required by way of the order are fully accessible to the City
Engineer for the purpose of observing that proper maintenance
practices are being followed; and
(vii)
Where the City of Sault Ste. Marie is required to remove blockages
of grease from a sanitary sewer and an inspection of any adjacent
premise with a grease trap required pursuant to Section 12.3(i)
indicating that the grease trap is not functioning properly or is not
being adequately maintained, the premise will be billed the City's
cost to unplug even if it is not possible to show the premise caused
the blockage. If the inspection shows that more than one premise
has not maintained a grease trap the costs shall be split evenly
between each premise.
24
.4
Interceptors for motor oil and lubricating grease
(i)
Every owner of a commercial, industrial or institutional premise at
which, floor drains designed to work on combustion engines which
are connected directly or indirectly shall install and maintain an oil
interceptor designed to prevent oil and lubricating grease from
directly and indirectly entering the sewer.
.5
Sediment interceptors:
(i)
Every owner or operator of any land or premise from which
sediment may directly or indirectly enter a sewer, included but not
limited to a ramp drain, an area drain, a construction area or
parking area which is maintained for winter use and has capacity of
12 or more vehicles or car and vehicle wash establishments, shall
take all necessary measures to ensure that sediment is prevented
from entering a sewer; [AMENDED BY BY-LAW 2009-185]
(ii)
Every owner or operator required to have a sediment interceptor
pursuant to Section 12.5(i) shall ensure that each and every
sediment interceptor is properly and adequately maintained to
prevent sediment from entering a sewer.
.6
Waste grinders, compactors and autoclaves
(i)
No person shall install or operate within the City any garbage or
waste grinding device or autoclave used for industrial or
commercial purposes, the effluent from which will discharge directly
or indirectly into a sewer;
(ii)
Section 12.6(i) does not apply to autoclaves used to sterilize
medical instruments;
(iii)
No person shall install or operate within the City any garbage or
waste compacting device for commercial or industrial purposes,
where the effluent from which will discharge directly or indirectly
into a storm sewer;
(iv)
No person shall install or operate within the City any garbage or
waste grinding device for domestic purposes, where the effluent
from which will discharge directly or indirectly into a storm sewer;
(v)
No person shall install or operate within the City any garbage or
waste grinding device for domestic purposes, where the effluent
from which will discharge directly or indirectly into a sanitary sewer
unless the garbage grinding device is of a type which will permit
forty percent of all grindings to pass through a 2.36mm sieve, sixty
percent to pass through a 6.35mm sieve and all grindings to pass
through a 12.7mm sieve.
25
.7
Dental waste amalgam separators
(i)
Every owner or operator of a premise from which dental waste
amalgam may be discharged directly or indirectly into a sewer, shall
install, operate and properly maintain a dental waste amalgam
separator on every discharge piping system connected to and
carrying such waste material; and
(ii)
Not withstanding compliance with Section 12.7(i) all persons
operating or carrying out the business of a dental practice shall
comply with Section 2.
.8
Right of entry
(i)
No person shall prevent, hinder, obstruct or interfere in any way with
the City Engineer or an inspector and persons deemed, by the City
Engineer, to be essential to an inspection and sampling, bearing
proper credentials and identification from:
(a) entering in or upon, at any reasonable time without a warrant,
any land or premise, except land or a premise being used as a
dwelling house;
(b) making such tests, taking such samples or gathering any
necessary information including the taking of any photographs
as the City Engineer or inspector deems necessary; and
(c) inspecting or observing any plant, machinery, equipment, work
activity or documents including maintenance records.
.9
Protection from damage
(i)
No person shall uncover, remove, make any connection with, or
opening into, break, alter, damage, destroy, deface or tamper or
cause or permit the removal, breaking, damaging, destroying,
defacing or tampering with:
(a) any part of a sewage works; or
(b) any device, being temporarily or permanently, installed in a
sewage works for the purpose of flow measurement, sampling,
observing, testing or detecting sewage, uncontaminated water
or storm water.
(ii)
Any person discharging sewage, uncontaminated water, or storm
water to a municipal sewage works shall be responsible for
ensuring that such sewage, uncontaminated water or storm water
conforms at all times to the provisions of this By-law, and shall be
liable for any damages or expense arising out of his/her failure to
properly check or control any such discharge, including the cost of
investigation, repairing or replacing any part of any municipal
sewage works damaged thereby.
.10
Unauthorized entry into a sewage works
(i)
No person shall enter into any sanitary or storm sewer or
appurtenance unless authorized by the City Engineer.
26
SECTION
13. SEWER CONNECTIONS
.1
General
No person shall:
(i)
erect or cause or permit to be erected any new building on lands
that are serviced by a sanitary sewer unless the new building is
connected to the sanitary sewer; or
(ii)
construct, install, maintain or cause or permit to be constructed,
installed or maintained, whether installed prior to the date of the
passing of this By-law or any of its predecessors, a direct or indirect
connection to the sanitary sewer connection which would permit
anything other than domestic and industrial sewage to the
discharge into the sanitary sewer connection.
.2
Resubdivision of Lots
In those cases where the existing municipal sewer connection does not
meet the standard therefore as adopted by the City from time to time as a
result of a resubdivision of lots or change of location of a building on a lot,
the owner or agent shall apply for and pay to the City for new installation or
installations and for the disconnection of existing sewer connects where
necessary and on an actual cost basis with a minimum charge equal to the
applicable flat rate, as determined by the City from time to time.
.3
Reconstructed Buildings
(i)
Wherever a reconstructed building is substantially demolished, the
existing municipal sewer connection shall be disconnected at the
municipal sewer or sealed at the property line as determined by the
City Engineer at the owner's expense.
(ii)
For the purpose of this Section an existing building is deemed to be
substantially demolished when fifty percent or more of the exterior
wall of the first story above grade are removed whether or not they
are substantially replaced.
(iii)
An owner who is applying for a permit to construct a replacement
building or to disconnect a dwelling from a septic tank to connect to
a sanitary sewer connection shall be entitled to use an existing
municipal sewer connection that, upon inspection by the City
Engineer, is found to be in satisfactory condition.
.4
Construction of a New Sewer Connection
(i)
No person shall install a private sanitary sewer connection until:
(a)
a municipal sewer connection has been properly installed;
27
(b)
the municipal sewer main to which the municipal sewer
connection is to be made is fully constructed and accepted
by the City for operation;
(c)
backfilling around the building or buildings being serviced
is complete and sufficiently graded to eliminate the
possibility of surface water ponding on the property and
the sub floor has been installed over the foundation to
prevent storm water from entering a private sewer
connection; and
(d)
all surface water in the excavation and in the basement
that could enter the sanitary sewer has been pumped out.
(ii)
No person shall install a municipal sewer connection servicing two
or more properties. A single service connection will be allowed for
a property with multiple units subject to the approval of the City
Engineer.
(iii)
Any person desiring a sewer connection shall make application to
the City on forms supplied by the City and accompanied by such
plans and drawing as may be required and payment of fees for the
application. The owner of the property to be serviced, or the
owner's agent shall sign the application, and the owner shall be
responsible for the completeness and accuracy of the information
furnished on such applications, drawings and plans.
(iv)
A sewer connection on public property between the sewer main
and private property shall be installed by the City at the expense
of the owner on conditions and rates and to the specifications as
determined by the City from time to time. The City Engineer may
authorize a private contractor to install a sewer connection to a
main on public property through a service agreement or by
Municipal consent. The requirements of the Sault Ste. Marie
Streets By-law shall be satisfied. A sewer connection on private
property shall be installed by the owner pursuant to a building
permit having been previously issued for such purpose by the City
and at the expense of the owner.
(v)
No owner of an industrial, commercial or institutional premise or
multi-residential development of four (4) units or greater shall
undertake any works or make any connection or do anything that
would increase peak flow rates of storm water or which would
impair the quality of storm water which is discharged to a sewer
without prior approval of the City Engineer. (AMENDED BY BY-
LAW 2009-185]
(vi)
Approval to discharge to a storm sewer or natural environment
must be applied for as an Industrial Sewage Works permit directly
to the Ministry of the Environment, if a treatment facility is required
or implemented. This may include gas stations, auto repair
garages and car washes. (AMENDED BY BY-LAW 2009-185]
28
(vii)
No person shall cause the direct connection of any new private
drainage works to the municipal storm sewer system without prior
approval of the City Engineer. The City Engineer may grant such
approval where, in the opinion of the City Engineer, there is no
practical alternative means of drainage available.
(viii)
Where a new connection to a storm sewer is approved by the City
Engineer and the purpose of the connection is to provide
groundwater drainage, the discharge must be regulated by:
(a)
means of a sump pump which must elevate the water via a
looped system, to an elevation above the centerline of the
road before being discharged into a private storm drainage
system as detailed in Schedule A and B;
(b)
a back flow flap valve in circumstances where grades
permit a connection of a gravity drainage system as
detailed in Schedule C to the municipal storm sewer
system to prevent any surcharge of storm water from a
municipal storm sewer system. The City Engineer may
disallow, at his or her sole discretion a gravity connection
to the municipal storm sewer, if in his or her opinion, given
the application of sound engineering principles there is
reason to do so.
(ix)
No direct or indirect interconnection between a private storm
sewer and sanitary sewer is permitted;
(x)
Any groundwater drainage system approved as set out in Section
13.4 (vii) shall be installed and maintained by the owner or
operator of the premise at his or her sole expense.
(xi)
Every owner shall ensure that all new service connections to a
municipal sanitary or storm sewer shall be tested by Public Works
and Transportation, by a building inspector, or by a certified
plumber to verify, by means of dye or another suitable method,
that all service connections are properly connected to the intended
municipal service prior to occupancy or commissioning of the
service.
(xii)
Every owner shall ensure that the sewer connection shall resist
root penetration, acid or alkali damage, groundwater penetration,
sewage exfiltration and otherwise comply with any condition or
requirement as determined by the City from time to time.
(xiii)
Backwater valves shall be installed in storm and sanitary drains.
(AMENDED BY BY-LAW 2009-185]
.5
Connections in Contravention of this By-law
(i)
In the event that a sewer connection is installed or is operated in
contravention of any provision of this By-law, the City Engineer
may, until such time as the violations are rectified, order the
temporary disconnection of such sewer connections. At any time
29
during the period of disconnection in accordance with this Section,
no person shall use or cause to be used or permit the use of such
a connection.
(ii)
The City Engineer shall not order such temporary disconnection
unless the City Engineer has first mailed to the property owner
and occupant, if any, a registered letter specifying the nature of
the violation or violations of this By-law and specifying the
intentions of the City Engineer to order a temporary disconnection
of the sewer by a specified date, to be calculated 30 days from the
date of the mailing notice, and specifying the cost of the
disconnection and reconnection to be borne by the property owner
and payable to the City before any reconnection is made.
(iii)
If a person constructs a municipal sewer connection without
authorization in a manner which violates any Section of this By-
law, the City Engineer may order the re-excavation of the service
for inspection, testing, and if necessary, reconstruct the service
connection at the owner's expense or may disconnect the service
in which case it shall not be reconstructed without the approval of
the City Engineer.
.6
Inspections of Sewer Connections
(i)
An owner may request an inspection of an existing municipal
sewer connection by means of an excavation, closed circuit TV
camera inspection, or dye testing to determine if a cross
connection has been made or to examine structural integrity and
viability of a service connection. The owner shall deposit a
security with the City prior to an inspection, the amount that shall
be determined by the City from time to time. If an inspection
shows that a structural or other problem is attributable to the City
portion of the service connection, the security shall be refunded to
the owner.
(iii)
If, as a result of the inspection carried out pursuant to 13.6(i), it is
determined by the City Engineer that infiltration of storm water into
a sanitary sewer is a result of a structural problem in the City's
portion of the service, the provisions of 13.6(i) shall not apply to
the owner provided that the owner has completed all repairs or
corrected all deficiencies to the owner's portion of the service
connection.
.7
Sewer Connection Backups
(i)
In the event of a sewer connection backup an owner should
contact Public Works and Transportation at (705) 759-5201 for the
services of a sewer crew. The service call may include cleaning
a p-trap, clearing a jammed back check valve or a sewer rodding.
If the blockage is found to be on private property or if the blockage
is found to have been introduced by the owner, then the owner is
charged for the rodding.
30
(ii)
If the basement floor is submerged, the services of a qualified
electrician will be required to turn off the building's main power
panel prior to the crew entering the building to conduct the sewer
lateral rodding. This is a requirement of the Occupational Health
and Safety Act. The owner shall select, arrange for and pay for the
electrician. The Public Utilities Commission may disconnect the
power at the request of the owner, by direct arrangement with the
PUC.
(iii)
Sewer service crews do not perform roddings in crawl spaces due
to health and safety concerns.
(iv)
A fee for a sewer service crew may apply; however, it is subject to
the determination of the cause of the backup.
(v)
Public Works and Transportation has a Sanitary Sewer Service
Call Policy that is amended from time to time and shall be adhered
to by City staff.
.8
Stormwater Outlet on a Street with No Storm Sewer
(i)
The owner of a building that abuts a street, which is not serviced
by a storm sewer shall construct any downspout from any eaves
trough or roof drainage system so that the storm water discharges
at grade in a manner which does not permit storm water to
accumulate or pond near buildings, which does not adversely
affect adjacent properties and which does not cause soil erosion
as is detailed in Schedule D.
(ii)
Section 13.8 (i) does not apply if:
(a)
the grade elevation of the edge of the roof at the front or at
the side of the building are lower than the grade elevation
of the street;
(b)
the storm sewer service connection is determined to be
insufficiently graded to act as a conduit for roof or weeping
tile drainage;
(c)
the building or structure is constructed adjacent to a
watercourse and roof drains and weeping tile drains are
directed to the watercourse as detailed in Schedule E,
subject to the approval of the City Engineer and the local
Conservation Authority; or
(d)
the property from which the connection services has a
properly
constructed
and
maintained
storm
water
management structure requiring an overflow outlet.
.9
Private Catchbasins
(i)
Every owner shall ensure that where a catchbasin is constructed on
private property to protect a structure from overland flows and the
protected structure is downgradient of the catch basin the
installation shall include:
31
(a) a backflow flap valve installed immediately downstream of the
private catch basin to ensure that storm water cannot back up
from municipal storm sewer and surcharge from the private
catch basin;
(b) a sump pump, located in the private catchbasin for the overflow
sump hole to discharge any collected surface flows which
collect in the private catch basin when backflow flap valve is
closed; and
(c) a backflow flap valve installed on the sump pump discharge line
so that the stormwater cannot discharge back into the sump
overflow basin.
(ii)
The backflow flap valve installed on the sump pump required in
Section 13.9(i) shall be installed and maintained by the owner or
operator of the premise at his or her own expense.
.10
Roof leaders Connected to Sanitary Sewer
(iii)
The owner of any building that has any roof down spout or roof
drainage system which discharges storm water either directly or
indirectly to a municipal sanitary sewer shall disconnect the
downspout or roof drainage system at grade and direct all storm
water at grade in a manner which does not permit storm water to
accumulate or pond near buildings, which does not adversely affect
adjacent properties and which does not cause soil erosion as is
detailed in Schedule D.
(ii)
For the purposes of this Section:
(a) "directly" means any physical connection or series of
connections between the roof drainage system and a sanitary
combined sewer;
(b) "indirectly" means any manner whatsoever whereby storm
water may enter into the sanitary sewer system and includes
water seeping into open joints in an underground sewer
connection in which groundwater can seep into the sanitary
sewer system.
.11
Swimming Pool Discharge
(i)
No person shall discharge wastewater from a swimming pool or
wading pool:
(a) into a storm drainage system;
(b) such that it flows onto adjacent property;
(c) onto a steep slope such as a ravine valley wall which may
erode; or
(d) in any manner which causes soil erosion.
(ii)
Wastewater from a swimming or wading pool may be discharged by
way of temporary connection to a sanitary sewer, transported by a
licensed hauler or discharged in a controlled manner onto the
owners property such that at all times the discharge is contained
within the property until it evaporates or infiltrates into the ground.
32
(iii)
Notwithstanding Section 13.11(i)(a) rainwater or melt water resting
on a tarp which covers a swimming pool may be discharged into a
storm sewer provided that it is in compliance with Section 3 of this
By-law.
33
SECTION
14. CONFIDENTIAL INFORMATION
.1
All information submitted to and collected by the City of Sault Ste. Marie in
the administration of this By-law including information contained in the
extra strength surcharge agreements, discharge agreements, pollution
control plans and from sampling activity will, except as otherwise provided
in this Section, be available for disclosure to the public in accordance with
the Municipal Freedom of Information and Protection of Privacy Act
(R.S.O. 1990).
.2
In the event that any person in submitting information to the City of Sault
Ste. Marie or the City Engineer in any form, as required under this By-law,
where such information is confidential or proprietary or otherwise, may be
exempt from disclosure under the Municipal Freedom of information and
Protection of Privacy Act (R.S.O. 1990), the person submitting the
information shall so identify that information upon its submission to the City
or the City Engineer and shall provide sufficient details as to the reason for
its purported exemption from disclosure.
SECTION
15. OFFENSES
.1
Every person who contravenes any provision of this By-law is guilty of an
offence and on conviction is liable to a fine and/or damages under the
Provincial Offences Act.
.2
Every person other than a corporation who contravenes any provision of
Section 2 or 3 of By-law No. 2009-50 is guilty of an offence and on
conviction is liable, for every day or part thereof upon which such offence
occurs or continues, to a fine of not more than $10,000 for a first offence
and not more than $20,000 for any subsequent conviction.
.3
Every corporation which contravenes any provision of Section 2 or 3 of By-
law No. 2009-50 is guilty of an offence and on conviction is liable, for every
day or part thereof upon which such offence occurs or continues, to a fine
of not more than $50,000 for a first offence and $100,000 for any
subsequent conviction.
.4
In this By-law, "subsequent conviction" means a conviction for an offence
that occurs after the date of conviction for an earlier offence under this By-
law.
SECTION
16.
REPEAL
.1
The City of Sault Ste. Marie By-law No. 4440 being a By-law to regulate
the discharge of sewage and land drainage in the City of Sault Ste. Marie
as amended from time to time is hereby repealed.
34
.2
Notwithstanding 16.1, sanitary discharge agreements for hauled sewage or
hauled industrial wastewater, entered into by the City of Sault Ste. Marie
under Bylaw No. 4440 or its predecessors, and which were in effect
immediately prior to the passage of this By-law, shall remain in effect with
their terms and conditions.
.3
Notwithstanding 16.1, industrial wastewater surcharge agreements entered
into by the City of Sault Ste. Marie under By-law No. 4440 or its
predecessors, and which were in effect immediately prior to the passing of
this By-law, shall remain in effect with their terms and conditions until
March 23, 2009 at which time this By-law will come into effect.
35
Appendix 1: Subject Sectors
Industrial Category
NAICS
Code
Support Activities for Metal Mining
213114
Roofing, Siding & Sheet Metal Contractors
23561
Household Furniture (except Wood & Metal) Manufacturing
337125
Nonferrous Metal (except copper & aluminium)Rolling, Drawing
331461
Fabricated Structural Metal Manufacturing
332312
Metal Window & Door Manufacturers
332321
Metal Tank (heavy gauge) Manufacturing
33242
Sheet Metal Work Manufacturing
332322
Ornamental & and Architectural Metal Work Manufacturing
332323
Fabricating Structural Metal Manufacturing
332312
Metal Coating, Engraving & Allied Services to Manufacturers
332812
Powder Metallurgy Part Manufacturing
332117
Machine Tool (metal cutting types) Manufacturing
333512
Machine Tool (metal forming types) Manufacturing
333513
Electroplating, Plating, Polishing, Anodizing & Colouring
332813
Gasoline Station with Convenience Store
44711
Other Gasoline Stations
44719
Automotive Body, Paint & Interior Repair & Maintenance
811121
Automotive Exhaust System Repair
811112
All other Automotive Repair & Maintenance
811198
Automotive Transmission
811113
General Automotive Repair
811111
Other Automotive Mechanical &Electrical Repair& Maintenance
811118
Automotive Oil Change & Lubrication Shop
811191
Photofinishing Laboratories (except one-hour)
812921
One-Hour Photofinishing
812922
Dental Offices
62121
General Medical % Surgical Hospitals
62211
Psychiatric and Substance Abuse Hospitals
62221
Specialty (except psychiatric & substance abuse) Hospitals
62231
Medical Laboratories
62151
Dental Laboratories
339116
Testing Laboratories
54138
Dry Cleaning & Laundry Services (except coin-operated)
81232
Support Activities for Rail Transportation
48821
All Other Transit & Ground Passenger Transportation
485999
Interurban & Rural Bus Transportation
48521
School & Employee Bus Transportation
48541
Special Needs Transportation
485991
All Other Support Activities for Road Transportation
48849
Scheduled Passenger Air Transportation
481111
Scheduled Passenger Freight Transportation
481112
Non-scheduled Chartered Freight Air Transportation
481212
Non-scheduled Chartered Passenger Air Transportation
481211
Scenic & Sightseeing Transportation, Other
48799
Quick Printing
323114
Other Commercial Printing
323119
Commercial Lithographic Printing
323110
Commercial Gravure Printing
323111
Commercial Flexographic Printing
323112
Commercial Screen Printing
323113
Other Commercial Printing
323119
Manifold Business Forms Printing
323116
Printing Inc Manufacturing
32591
Gum & Wood Chemical Manufacturing
325191
Plastic Material & Resin Manufacturing
325211
Leather & Hide Tanning & Finishing
3161
Personal Leather Goods (except women's handbags) Manuf.
316993
36
Appendix 2: Subject Pollutants
Arsenic
Benzene
Cadmium
Chloroform
Cobalt
1, 2-Dichlorobenzene
Chromium
1, 4-Dichlorobenzene
Copper
Cis-1, 2-Dichlorobenzene
Mercury
Trans-1, 3-Dichloropropylene
Molybdenum
Ethyl benzene
Nickel
Methylene chloride
Lead
1, 1, 2, 2-Tetrachloroethane
Selenium
Tetrachloroethane
Zinc
Toluene
Trichlolethylene
Xylenes (Total)
Di-n-butyl phthalate
Nonylphenol
Nonylphenol ethoxylates
Aldrin/dieldrin
Chlordane
DDT
Hexachlorobenzene
Mirex
PCBs
3, 3' - bichlorodenzidine
Hexachlorocyclohexane
Pentachlorophenol
Total PAHs
37
Appendix 3
Application Form for a Discharge Agreement
For Hauled Sewage or Hauled Industrial Wastewater
COMPANY INFORMATION
Legal Name:
________________________________
Doing Business As:
__________________________ (If Any)
Contact Person:
________________________________
Phone Number:
________________________________
Business Address:
________________________________
________________________________
________________________________
Mailing Address:
________________________________
(If Different from Business Address) ________________________________
________________________________
MOE Licence #:
________________________________
SEPTAGE HAULING VEHICLE INFORMATION
Include details on all vehicles that will be off-loading at the Septage Receiving Station.
Access Cards will be assigned to each vehicle. Copy this page if registering more than
3 vehicles.
Licence Plate:
Year:
Make:
Tank Volume:
Licence Plate:
Year:
Make:
Tank Volume:
Licence Plate:
Year:
Make:
Tank Volume:
38