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1
THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
BY-LAW NO. 2021-090
being a by-law to provide for the regulation of the
Municipal Sanitary and Storm Sewage Systems in the
Township of Southgate and for connected premises
Whereas section 8 of the Municipal Act, 2001, c. 25 (the Act) provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purposes of exercising its authority under the Act; and
Whereas section 11 of the Act, a lower tier municipality may pass by-laws respecting
matters within the sphere of jurisdiction of Public Utilities, and Public Utilities includes
systems for sewage production, treatment, storage and distribution that are used to
provide sewage services for the public; and
Whereas section 9(1) of the Act provides that sections 8 and 11 shall be interpreted
broadly so as to confer broad authority on municipalities to enable them to govern
their affairs as they consider appropriate and to enhance their ability to respond to
municipal issues,
Now Therefore Be It Resolved That the Council of the Corporation of the Township
of Southgate hereby enacts as follows:
INTRODUCTION
This by-law outlines controls for the discharge of pollutants and undesirable flows to
the sewer systems. The objectives of the by-law are to:
-
Protect the sewer collection system from corrosion, other damage and
obstruction
-
Protect the wastewater treatment process from upset
-
Protect the public, municipal workers and property from hazardous conditions
(such as explosions)
-
Assist optimum wastewater system efficiency by preventing uncontaminated
water from entering the system
-
Protect wastewater sludge quality
-
Protect the environment from contaminants that are not removed by the public
treatment system(s)
-
Assist the municipality in maintaining compliance with the operating conditions
established by the Province of Ontario.
1. DEFINITIONS
As used in this by-law, the following terms shall have the meanings indicated:
"Acute Hazardous Waste Chemical" means a material defined as an acute hazardous
waste chemical within the meaning of O. Reg.
347 as amended from time to time, made under
the Environmental Protection Act (Ontario,
2
R.S.O. 1990, c. E.19EPA)
"Accredited Laboratory"
Any laboratory accredited by an authorized
accreditation
body
in
accordance
with
a
standard based on "CAN-P-1585: Requirements
for the Accreditation of Environmental Testing
Laboratories" established by the Standards
Council of Canada, as amended, or "ISO/IEC/EN
17025: General Requirements for Competence
of
Calibration
and
Testing
Laboratories"
established by the International Organization
for Standardization, as amended.
"Biochemical Oxygen Demand (BOD)" The five-day BOD which is the determination of
the molecular oxygen utilized during a five-day
incubation
period
for
the
biochemical
degradation of organic material (carbonaceous
demand), and the oxygen used to oxidize
inorganic material such as sulphides and ferrous
iron, and the amount of oxygen used to oxidize
reduced
forms
of
nitrogen
(nitrogenous
demand) as determined by the appropriate
procedure in Standard Methods.
"Biomedical Waste"
Biomedical
waste
as
defined
in
Ontario
Regulation 309 as amended from time to time.
"Blowdown Water"
Recirculating water that is discharged from a
cooling or heating water system for the purpose
of controlling the level of water in the system or
for the purpose of discharging from the system
materials contained in the system, the further
build-up of which would or might impair the
operation of the system.
"Building Code"
means the Building Code Act, 1992, SO. C.23,
and any regulations made under that Act, as
amended from time to time.
"Chemical Oxygen Demand (COD)
A measure of the capacity of water to consume
oxygen as a result of oxidation of inorganic
chemicals and decomposition of organic matter.
"Clear-Water Waste"
Includes non-contact cooling water and other
water that has not come into contact with
wastewater contaminant sources.
"Combustible Liquid"
A liquid that has a flash point not less than 37.8
3
degrees Celsius, and not greater than 93.3
degrees Celsius.
"Commercial Waste Chemical"
means a material which is a commercial waste
chemical within the meaning of O. Reg. 347
made under the Environmental Protection Act,
R.R.O. 1990, c.E.19 (EPA), as amended from
time to time.
"Composite Sample"
A
volume
of
wastewater,
storm
water,
uncontaminated water, clear-water or effluent
made up of three or more grab samples that
have been combined automatically or manually
and taken at intervals during the sampling
periods.
"Connection or Drain"
That part or those parts of any pipe or system
of pipes leading directly to a wastewater works.
"Cooling Water"
Water that is used in a process for the purpose
of removing heat and that has not, by design,
come into contact with any raw material,
intermediate product, waste product or finished
product, but does not include blowdown water.
"Dental Amalgam"
A dental filling material consisting of an
amalgam of mercury, silver and other materials
such as copper, tin or zinc.
"Dental Amalgam Separator"
Any technology, or combination of technologies,
designed to separate dental amalgam particles
from dental operation wastewater.
"Designated Sewer Officer"
The person appointed by the Municipality, and
his or her successors or his or her duly
authorized representative for the purposes of
this By Law, the designated Sewer Officer will
be the Public Works Manager.
"Domestic Wastewater"
Waste produced on residential premises, or
sanitary waste and wastewater associated with
the use of water for drinking, cooking, cleaning,
washing, hygiene, sanitation, or other domestic
purposes
from
showers
and
restroom
washbasins
produced
on
a
non-residential
property.
"Extra Strength"
Refers to wastewater released to the sewer that
is higher in concentration for one or more
constituent concentrations set out in Schedule B
4
or containing constituents identified in Schedule
B.
"Flow Monitoring Point"
An access place to the sewer service for the
purpose of:
1) Measuring the rate or volume of
wastewater, storm water, clear water
waste or subsurface water released from
the premises; and
2) Collecting representative samples of
the wastewater, storm water, clear water
waste or subsurface water released from
the premises.
"Fuels"
Alcohol, gasoline, naphtha, diesel fuel, fuel oil
or any other ignitable substance intended for
use as a fuel.
"Grab Sample"
A
volume
of
wastewater,
storm
water,
uncontaminated water or effluent which is
collected over a period not exceeding 15
minutes.
"Gravity Sewer"
means a conduit utilizing the energy resulting
from a difference in elevation for the removal of
sewage. The term gravity excludes sewage
movement induced through force mains or
vacuum sewers.
"Ground Water"
Water beneath the earth's surface accumulating
as a result of seepage.
"Hauled Waste"
Any industrial waste which is transported to and
deposited into any location in the wastewater
works, excluding hauled wastewater.
"Hauled Wastewater"
Waste removed from a wastewater system,
including a cesspool, a septic tank system, a
privy vault or privy pit, a chemical toilet, a
portable toilet or a wastewater holding tank.
"Hazardous Industrial Waste"
means a hazardous industrial waste material as
defined by the Environmental Protection Act
(Ontario) R.R.O. 1990, Regulation 347 as
amended, repealed or replaced from time to
time.
"Hazardous Waste Chemical"
means a hazardous waste chemical material as
5
defined by the Environmental Protection Act
(Ontario) R.R.O. 1990, Regulation 347 as
amended, repealed or replaced from time to
time.
"Hazardous Waste"
Any Hazardous Substance disposed of as waste.
"Ignitable Waste"
A substance that:
A.Is a liquid, other than an aqueous
solution containing less than 24
percent alcohol by volume and
as
a flash point less than 93 degrees
Celsius, as determined by the Tag
Closed
Cup
Tester
ASTM
D-56-
97a), the Setaflash Closed Cup
Tester (ASTM D-3828-97 or ASTM D-
3278-96e1),
the
Pensky-Martens
Closed Cup Tester (ASTM D-93-97),
or as determined by an equivalent
test method;
B.
Is a solid and is capable, under
standard temperature and pressure,
of
causing
fire
through
friction,
absorption
of
moisture
or
spontaneous chemical changes and,
when ignited, burns so vigorously
and persistently that it creates a
danger;
C.
Is an ignitable compressed gas as
defined in the regulations under the
Ontario Regulation 309 as amended;
or
D.
Is an oxidizing substance as defined
in the regulations under the Ontario
Regulation 309 as amended.
"Industrial"
Of or pertaining to manufacturing, commerce,
trade, business or institutions as distinguished
from domestic or residential.
"Industry"
Any owner or operator of industrial, commercial
or institutional premises from which there is a
discharge of any matter directly or indirectly
into a sanitary sewer, combined sewer or storm
sewer of the Municipality.
"Industrial Wastes"
means
all
water-carried
wastes
and
wastewaters, excluding domestic wastewater
and uncontaminated water, and shall include all
6
wastewater from any producing, manufacturing,
processing,
institutional,
commercial,
agricultural or other operation where the
wastewater discharged includes quantities of
wastes of non-human origin.
"Inspector"
A person authorized by the Municipality to carry
out observations and inspections and take
samples as prescribed by this by-law.
"Institution"
A facility, usually owned by a government,
operated for public purposes, such as schools,
universities,
medical
facilities
(hospitals,
nursing stations, nursing homes), museums,
prisons, government offices, military bases.
Some of these facilities produce non-residential
discharges
to
sewers
from,
for
example,
laboratories, chemical use, industrial processes.
"Matter"
Includes any solid, liquid or gas.
"Monitoring Access Point"
An access point, such as a chamber, in a
private
sewer
connection
to
allow
for
observation, sampling and flow measurement of
the
wastewater,
uncontaminated
water
or
storm water therein.
"Municipality"
means the Municipality of the Township of
Southgate.
"Municipal Sewer Connector"
That part of any drain leading from the 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.
"Multiple Municipal Sewer Connection" A municipal sewer connection providing service
to two or more premises.
"Non-Contact Cooling Water"
Water which is used to reduce temperature for
the purpose of cooling, and which does not
come into direct contact with any raw material,
intermediate or finished product other than
heat.
"Non-Domestic Wastewater"
All Wastewater except Domestic Wastewater,
Storm Water, Uncontaminated Water, and
Septic Tank Waste.
7
"Notice"
Township document notification directing action
or something to be done or complied with in a
specified time.
"Oil and Grease"
Hexane extractable matter as described in
Standard Methods.
"Owner and Operator"
includes the registered owner of any property,
land, premises, work, undertaking, or business,
and their authorized representative(s) having
the charge, management, or control over the
property, land, premises, work, undertaking or
business, and the occupant.
"Pathological Waste"
"pathological waste" means a pathological
waste material as defined by O. Reg. 347 made
under the Environmental Protection Act, R.R.O.
1990, c.E.19 (EPA), as amended, repealed or
replaced from time to time, or any material
designated in writing by the Medical Officer of
Health for the Health Unit of the County.
"PCBs"
Any
monochlorinated
or
polychlorinated
biphenyl or any mixture of them or mixture that
contains one or more of them.
"Person"
An
individual,
association,
partnership,
corporation,
municipality
or
an
agent
or
employee of such a person.
"Pesticide"
means
a
pesticide
regulated
under
the
Pesticides
Act,
R.S.O.
1990,
c.
P.11
as
amended, repealed or replaced from time to
time.
"pH"
means the logarithm to the base 10 of the
reciprocal of the concentration of hydrogen ions
in moles per litre of solution.
"Pollution Prevention"
The use of processes, practices, materials,
products or energy that avoids or minimizes the
creation of pollutants and wastes, at the source.
"Pretreatment"
The reduction, elimination or alteration of
pollutants in wastewater prior to discharge into
the sanitary sewer. This reduction or alteration
can be obtained by physical, chemical, or
biological
processes,
through
pollution
prevention, or by other means, except by
diluting the concentration of the pollutants.
8
"Private Sewer Connection"
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
whose
responsibility
for
maintenance is the property owner's.
"Private Building Drain"
means the part of lowest horizontal piping of a
drainage system, in, or adjacent to, a building
and which receives the sewage and conveys it
to the private building sewer.
"Private Building Sewer"
means that part of a drainage system outside a
building commencing at a point one meter from
the outer face of the wall of the building and
connecting the private building drain to the
public sewer or place of disposal of sewage as
per Building Code or as amended from time to
time.
"Private Sanitary Sewer Force Main"
means pipelines that convey sewage under
pressure from the private building to a "gravity
sewer".
"Prohibited Waste"
means prohibited waste as defined in Schedule
"A" to this by-law.
" Reactive Waste"
A substance that:
A.
Is normally unstable and readily
undergoes violent changes without
detonating;
B.
Reacts violently with water;
C.
Forms
potentially
explosive
mixtures with water;
D.
When mixed with water, generates
toxic gases, vapours or fumes in a
quantity
sufficient
to
present
danger to human health or the
environment;
E.
Is a cyanide or sulphide bearing
waste which, when exposed to pH
conditions between 2 and 12.5,
can generate toxic gases, vapours
or fumes in a quantity sufficient to
present danger to human health or
the environment;
F.
Is
capable
of
detonation
or
explosive reaction if it is subjected
9
to a strong initiating source or if
heated under confinement;
G.
Is readily capable of detonation or
explosive
decomposition
or
reaction at standard temperature
and pressure; or
H.
Is an explosive (Class 1) as
defined in the regulations under
Ontario
Regulation
309
as
amended.
"Reactive Waste"
means a material which is a reactive waste
within the meaning of the Environmental
Protection
Act
(Ontario)
R.R.O.
1990,
Regulation 347 as amended, repealed or
replaced from time to time.
"Restricted Waste"
means restricted waste as defined in Schedule
"B" to this by-law.
"Sanitary Sewer"
A sewer for the collection and transmission of
domestic or industrial wastewater or any
combination thereof.
"Sanitary Sewer Service"
means the sewer pipe between the property
line and the sanitary sewer mainline.
"Sanitary Sewer Main"
means the sanitary sewage works excluding the
Sanitary Sewer Service and the Wastewater
Treatment Facility.
"Sanitary Sewage Works"
means
any
works
for
the
collection,
transmission,
treatment
and
disposal
of
sewage, or any part of such works, but does
not include plumbing to which the Building Code
Act, 1992, S.O. 1992, c. 23 applies, as
amended from time to time.
"Septic Tank Waste"
any Waste extracted from a cesspool, septic
tank,
sewage
holding
tank,
seepage
pit,
interceptor or other containment for human
excretion and wastes.
"Sewer"
A pipe, conduit, drain, open channel or ditch for
the collection and transmission of wastewater,
storm water or uncontaminated water, or any
combination thereof.
"Spill"
A
direct
or
indirect
discharge
into
the
wastewater works, storm sewer or the natural
10
environment which is abnormal in quantity or
quality in light of all the circumstances of the
discharge.
"Standard Methods"
A procedure or method set out in Standard
Methods for the Examination of Water and
Wastewater published jointly by the American
Public Health Association, American Water
Works Association and the Water Environment
Federation, recent or latest edition or approved
in writing by the Designated Sewer Officer.
means a procedure set out in the most current
edition, as of the date of testing, of 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, or a procedure approved by the
Ontario
Ministry
of
the
Environment,
Conservation and Parks as a standard method
or the equivalent of a standard method.
"Storm Sewer Service"
means the sewer pipe between the property
line and the storm sewer mainline.
"Storm Sewer"
A sewer for the collection and transmission of
uncontaminated water, storm water, drainage
from land or from a watercourse or any
combination thereof but excluding, any portion
of a sanitary sewer works.
"Storm Water"
The water running off the surface of a drainage
area during and immediately after a period of
rain or snow melt.
"Subsurface Drainage Pipe"
A pipe that is installed underground to intercept
and convey subsurface water and includes
foundation drainpipes.
"Subsurface Water"
Groundwater including foundation drain water.
"Total Suspended Solids (TSS)"
Insoluble matter in liquid that is removable by
filtration, as determined by the appropriate
procedure described in Standard Methods.
"Total PAHs"
The total of all of the following polycyclic
aromatic
hydrocarbons:
Acenaphthene,
acenaphthylene,
anthracene,
benzo(a)anthracene,
benzo(a)pyrene,
11
benzo(b)fluoranthene,
benzo(g,h,i,)perylene,
benzo(k)fluoranthene,
chrysenes,
dibenzo(a,h)anthracene, fluoranthene, fluorene,
indeno(1,2,3-cd)pyrene,
methylnaphthalene,
naphthalene, phenanthrene, pyrene.
"Toxic Substance"
any substance defined as toxic under the
Canadian Environmental Protection Act 1999, as
amended from time to time and within the
meaning of Ontario Regulation 309 as amended
from time to time.
"Uncontaminated Water"
Water with a level of quality which is typical of
potable
water
normally
supplied
by
the
Municipality.
"Waste Disposal Site Leachate"
The liquid containing dissolved or suspended
contaminants which emanates from waste (solid
waste or garbage) and is produced by water
percolating through waste or by liquid in waste.
"Waste Radioactive Substances"
Substances defined in the federal Nuclear
Safety and Control Act and the regulations
passed thereunder, as amended from time to
time.
"Wastewater"
means the composite of water and water-
carried wastes from residential, commercial,
industrial or institutional premises or any other
source.
"Wastewater Sludge"
Solid material recovered from the wastewater
treatment process.
"Wastewater Treatment Facility"
means any structure or thing used for the
physical, chemical, biological or radiological
treatment of wastewater, and includes sludge
treatment, wastewater sludge storage and
disposal facilities.
"Wastewater Works"
Any works for the collection, transmission,
treatment and disposal of wastewater, storm
water or uncontaminated water, including a
sanitary sewer or storm sewer, or any part of
such works, but does not include plumbing or
other works to which the applicable Building
Code applies.
"Watercourse"
An open channel, ditch or depression, either
natural or artificial, in which flow of water
12
occurs either continuously or intermittently.
2.0
REQUIREMENT TO CONNECT
2.1
Properties required to connect
Every Owner shall connect to the sanitary sewer main within the time period as
specified in the Notice. The Township will permit one connection per lot. More
than one connection must be approved by the Public Works Manager.
2.2
Failure to connect
2.2.1 Pursuant to Section 446 of the Municipal Act, 2001, if the Owner
fails to make a connection required by a Notice within the time period
specified, the Municipality may make the connection at the expense of
the Owner and for this purpose may enter and upon the property subject
to the requirements of Sections 435 -438 of the Municipal Act, 2001.
2.2.2 Pursuant to Section 446 of the Municipal Act, 2001, the costs of
making such connection may be recovered by action or by adding the
costs to the tax roll and collecting them in the same manner as property
taxes and shall bear interest calculated at the same rate as overdue
taxes, calculated for the period commencing on the day the municipality
incurs the costs and ending on the day the costs, including the interest,
are paid in full.
3.0
APPLICATION FOR SANITARY SEWAGE WORKS
3.1
Application and payment prior to installation
No Owner shall install, alter, or permit the installation or alteration, of a sanitary
service pipe or connect, or permit the connection to a sanitary sewer main,
without an approved Public Works Permit, except if said installation, alteration, or
connection is authorized under a subdivision agreement.
3.2
Public Works Application
The Owner of lands that abut a sanitary sewer main, or their authorized agent,
shall make application for such service on the Township's Public Works Permit
Application, and shall pay the applicable fee(s) as set out in the Southgate User
Fees and Service Charges By-law.
3.3
Frontage charges
Frontage charges apply to in-fill lots that are not in Development Charges or not
part of a subdivision agreement. At the time of filing an application pursuant to
section 3.1, the Township will advise the Owner if frontage charges apply to their
premises. Payment of the frontage charges is required at the time of application
for Public Works Permit.
3.4
Installation - easement required
No Owner shall install, or permit the installation of, any Sanitary Sewer Service
over, or across the property of another owner unless a registered easement is
obtained for such location, at the Owner's expense, and proof of such registered
13
easement is provided to the Township.
3.5
Contractor and construction standards
The Owner of the property shall, at their own expense, be responsible for hiring a
competent contractor to undertake the work authorized in the Public Works
Permit. A competent contractor shall have demonstrated the knowledge,
experience, and ability to complete such work in accordance with all applicable
construction standards and in a timely manner and shall be insured The Township
shall inspect the work completed on the Sanitary Sewer Service before signing off
on completion of the Public Works Permit.
3.6
Private Sanitary Sewer/Forcemain Installation
The Owner of the property shall, with the written approval of the Public Works
Manager at their own expense, be responsible for hiring a competent contractor
to undertake the work authorized in the Public Works Permit from the building to
the gravity sewer. A competent contractor shall have demonstrated the
knowledge, experience, and ability to complete such work in accordance with all
applicable construction standards and in a timely manner. Following installation,
the Owner of the lands must provide a certificate from a registered professional
engineer, experienced in such matters, certifying that the private sanitary sewer
forcemain has been completed and tested and that its specifications and
performance meet the requirements of the approved drawings and the design
criteria.
3.7
Offence - install without permit
No Owner shall install or permit the installation of any sanitary sewage works that
is not in compliance with the Township's Public Works Permit.
3.8
Service problems
3.8.1. The Owner will be held responsible for all costs required for
repairs or cleaning of the Sanitary Sewer Service, where the damage to
or blockage of the Sanitary Sewer Service is a result of a discharge into
the Sanitary Sewer Service. In addition, the Owner will be held
responsible to repair any damage to the portion of the Sanitary Sewer
Service located between the building wall and the property line, except
where the cause of the loss is located outside of the defined property
line, the onus shall be on the Owner to provide evidence of this. Any
consideration for reimbursement or repairs will be determined by the
Public Works Manager or their designate.
3.8.2. For private sanitary sewer forcemain's the building Owner will be
held responsible for all costs associated with the repairs and
maintenance from the building to the gravity sewer, except where the
cause of the damage is attributable to the Township, the onus shall be
on the property owner to provide evidence of this. Any consideration for
reimbursement or repairs will be determined by the Public Works
Manager or their designate.
14
4. SANITARY SEWER REQUIREMENTS
4.1
Offence to Discharge
Health and safety, damaging No person shall discharge or deposit or cause or
permit the discharge or deposit of matter of a kind, directly or indirectly, to any
sanitary sewage works:
4.1.1 of any type or at any temperature or in any quantity which may be
or may become a health or safety hazard to a sewage works employee;
4.1.2 which may be or may become harmful to a sanitary sewage works;
4.1.3 which may cause the sanitary sewage works effluent to contravene
any requirement by or under the Ontario Water Resources Act, or the
Environmental Protection Act;
4.1.4 which may interfere with the proper operation of a sanitary
sewage works;
4.1.5 which may impair or interfere with any sewage treatment process;
or
4.1.6 which is or may result in a hazard/damage to any person, animal,
property, infrastructure or vegetation.
4.2
Offence to Discharge - Specified matter
Without limiting the generality of section 6.1, no person shall discharge or deposit
or permit the discharge or deposit, directly or indirectly into any sanitary sewage
works any of the following:
4.2.1 Solid or viscous substances in quantities or of such size as to be
capable of causing obstruction to the sewage flow in a sanitary sewage
works, including but not limited to ashes, bones, cinders, sand, mud,
straw, shavings, metal, glass, rags, fibers, feathers, grease, tar, plastics,
wood, garbage, animal guts or tissues, paunch manure, fats, greases,
oils and whole blood;
4.2.2 Sewage that may cause an offensive odour to emanate from a
sanitary sewage works, including but not limited to, hydrogen
sulphide, carbon disulphide, other reduced sulphur compounds, amines
or ammonia in such quantity that may cause an offensive odour;
4.2.3 Stormwater, water from drainage of roofs or land, water from a
watercourse or uncontaminated water, sump pumps, subsurface
perimeter drains, or surface water;
4.2.4 Water that has originated from a source separate from the water
distribution system of the municipality, where municipal water
distribution is not present, except with prior approval by way of a Public
15
Works Permit prior to the execution of this By-law. Permission may be
granted if considered acceptable by the Public Works Manager and
subject to payment by the owner of the sewer service rate set out in the
Fees and Charges By-law for all water discharged to the sanitary sewage
works;
(1) No person shall release, or permit the release of, any matter into the
sanitary sewer system wastewater works except:
(a) Domestic wastewater;
(b) Non-domestic wastewater that complies with the requirements of this
by-law;
(c) Hauled
wastewater,
including
septage,
that
complies
with
the
requirements of this by-law, or where a Waste Discharge Permit has
been issued by the Designated Sewer Officer;
(d) Storm water, clear-water waste, subsurface water or other matter where
a Waste Discharge Permit has been issued by the Designated Sewer
Officer;
(e) Extra Strength matter where an Extra Strength Surcharge Agreement is
in place.
(2) No person shall release, or permit the release of, any prohibited
substance listed in Schedule 'A' of this by-law.
(3) No person shall release, or permit the release of, any restricted
substance which exceeds the respective concentrations listed in
Schedule 'B' of this by-law into the wastewater works.
(4) If required by the Municipality, all non-domestic and hauled
wastewater
dischargers
shall
complete
and
submit
Form
1
"Abbreviated Discharger Information Report" (Appendix A) to the
Municipality.
(5) If required by the Municipality, non-domestic and hauled wastewater
dischargers shall complete and submit Form 2 "Complete Discharger
Information Report" (Appendix A) to the Municipality.
(6) If required by the Municipality, non-domestic and hauled wastewater
dischargers shall not discharge to the sanitary sewer system until the
discharger has obtained Form 3 "Waste Discharge Permit" (Appendix
A) from the Designated Sewer Officer.
(7) The Designated Sewer Officer may issue, and amend, a Waste
Discharge Permit to allow the discharge of non-domestic waste and
hauled wastewater into a sewer upon such terms and conditions as the
Designated Sewer Officer considers appropriate and, without limiting the
generality of the foregoing, may in the Waste Discharge Permit:
(a) Place limits and restrictions on the quantity, composition, frequency
and nature of the waste permitted to be discharged;
(b) Require the holder of a Waste Discharge Permit to repair, alter,
remove, or add to works or construct new works; and
16
(c) Provide that the Waste Discharge Permit will expire on a specified
date, or upon the occurrence of a specified event.
(8) The Designated Sewer Officer may issue a Discharge Abatement
Order to:
(a) Require a person to alter the quantity, composition, duration and
timing of the discharge or cease discharge of non-domestic waste or
hauled wastewater to a sewer or wastewater facility;
(b) Include any terms or conditions that could be included in a Waste
Discharge Permit; and
(c) Shut down all non-compliant releases.
The Designated Sewer Officer may amend or cancel a Discharge
Abatement Order.
5. STORM SEWER REQUIREMENTS
(1) No person shall discharge or deposit or cause or permit the discharge or deposit of
matter of a kind listed below into or in land drainage works, private branch drains or
connections to any storm sewer.
1. matter of any type or at any temperature or in any quantity which may:
(a) interfere with the proper operation of a storm sewer;
(b) obstruct a storm sewer or the flow therein;
(c) result in a hazard/damage to any person, animal, property,
infrastructure or vegetation;
(d) impair the quality of the water in any well, lake, river, pond spring,
stream, reservoir or other water or watercourse; or
(e) result in the contravention of an approval, requirement, direction or
other order under the Ontario Resources Act or the Environmental
Protection Act (Ontario) with respect to the storm sewer or its
discharge; and
2. without limiting the generality of the foregoing, any of the following:
(a) water at a temperature greater than 40 degrees Celsius;
(b) water having a pH less than 6.0 or greater than 9.0;
(c) water containing more than 15 milligrams per litre of suspended
solids;
(d) water containing dyes or colouring material which discolour the water;
(e) water containing solvent extractable matter of animal or vegetable
origin or of mineral or synthetic origin more than 100 mg/l which
causes a visible film, sheen or discolouration on the water surface;
(f) water containing any of the following in excess of the indicated
concentrations:
200 micrograms / litre
Chromium expressed as Cr
50 micrograms / litre
Zinc expressed as Zn
Lead expressed as Pb
17
Nickel expressed as Ni
10 micrograms / litre
Copper expressed as Cu
1 microgram / litre
Cadmium expressed as Cd
Mercury expressed as Hg
200 per 100 millitres
Fecal coliforms
(g) the following matter in any amount:
Sewage
Once-through cooling water
Blowdown
(h) the following materials in any amount:
Automotive or machine oils and greases
Fuels
Paints and Organic Solvents
PCBs
Pesticides
Severely Toxic Materials
Waste Disposal Site Leachate
Waste Radioactive Materials
(i) the following hazardous wastes in any amount:
Acute Hazardous Waste Chemicals
Hazardous Industrial Wastes
Hazardous Waste Chemicals
Ignitable Wastes
Pathological Wastes
PCB Wastes
Reactive Wastes
Pharmaceutical drugs of any nature
(2) Subclause 3(1) 2(g) does not apply to prevent the discharge of once-through
cooling water or blowdown when,
(a) the once-through cooling water or blowdown is being discharged pursuant to
a certificate of approval or order relating to the premise under the
Environmental Protection Act (Ontario) or the Ontario Water Resources Act
which expressly allows the discharge;
(b) the owner or operator of the premises has written approval from the
municipality which expressly authorizes the discharge from the premises;
and
(c) a copy of the certificate of approval or order referred to in clause (a) has
been provided to the municipality.
(3) The provisions of Clause 3(1) 2, apply only to (1) the discharge of stormwater
runoff from industrial process areas to a storm sewer, and (2) to any stormwater
18
discharge to a storm sewer to which the matter prohibited by subsection 1 has been
added for the purpose of disposing of the matter.
(4) The provisions of Subclauses 3(1) 2.(c), (d), (e), and (f) do not apply to prevent
the discharge of stormwater runoff from industrial process areas to a storm sewer
when,
(a) the owner or operator of the premises has a certificate of approval or order
relating to the premises under the Environmental Protection Act (Ontario) or
the Ontario Water Resources Act which expressly allows the discharge, and a
copy of the certificate of approval or order has been provided to the
municipality; or
(b) the owner or operator of the premises has written approval from the
municipality for a Best Management Practices Plan (BMP).
6. PROHIBITION OF DILUTION
(1) No person shall discharge directly or indirectly or permit the discharge or deposit
of wastewater into a sanitary sewer works where water has been added to the
discharge for the purposes of dilution to achieve compliance with Schedule "A" or
Schedule "B" of this by-law.
(2) No person shall discharge directly or indirectly or permit the discharge or deposit
of matter into a storm sewer where water has been added to the discharge for the
purposes of dilution to achieve compliance with Section 3 of this by-law.
7. SAMPLING
(1) Where sampling is required for the purposes of determining the concentration of
constituents in the wastewater, storm water or uncontaminated water, the sample
may:
(a) be collected manually or by using an automatic sampling device; and
(b) contain additives for its preservation.
(2) For the purpose of determining compliance with Schedule B or Section 3, discrete
wastewater streams within premises may be sampled, at the discretion of the
Designated Sewer Officer.
(3) Any single grab sample may be used to determine compliance with Schedules A
and B or Section 3.
(4) All tests, measurements, analyses and examinations of wastewater, its
characteristics or contents pursuant to this By-law shall be carried out in accordance
with "Standard Methods" and be performed by a laboratory accredited for analysis of
the particular substance(s) using a method which is within the laboratory's scope of
accreditation or to the satisfaction of the Designated Sewer Officer as agreed in writing
prior to sample analysis.
8. DISCHARGER SELF-MONITORING
(1) The discharger shall complete any monitoring or sampling of any discharge to a
wastewater works as required by the Municipality and provide the results to the
19
Municipality in the form specified by the Municipality.
(2) The obligations set out in or arising out of 6(1) shall be completed at the expense
of the discharger.
9. ADDITIONAL REQUIREMENTS
9.1 Food-Related Grease Interceptors
(1) Every owner or operator of a restaurant or other industrial,
commercial or institutional premises where food is cooked, processed or
prepared, for which the premises is connected directly or indirectly to a
sanitary sewer, shall take all necessary measures to ensure that oil and
grease are prevented from entering the sanitary sewer in excess of the
provisions of this by-law. Grease interceptors shall not discharge to
storm sewers.
(2) The owner or operator of the premises as set out in this Subsection
shall install, operate, and properly maintain an oil and grease interceptor
in any piping system at its premises that connects directly or indirectly
to a sewer. The oil and grease interceptors shall be installed in
compliance with the most current requirements of the applicable
Building Code. The installation of the oil and grease interceptor shall
meet the requirements of the Canadian Standards Association national
standard CAN/CSA B-481.2, as amended.
(3) All oil and grease interceptors shall be maintained according to the
manufacturer's recommendations. The testing, maintenance and
performance of the interceptor shall meet the requirements of CAN/CSA
B-481. Traps should be cleaned before the thickness of the organic
material and solids residuals is greater than twenty-five percent of the
available volume; cleaning frequency should not be less than every four
weeks. Maintenance requirements should be posted in the workplace in
proximity to the grease interceptor.
(4) A maintenance schedule and record of maintenance shall be
available to the Designated Sewer Officer upon request for each
interceptor installed.
(5) The owner or operator of the restaurant or other industrial,
commercial or institutional premises where food is cooked, processed or
prepared, shall, for two years, keep the document of proof for
interceptor clean-out and oil and grease disposal.
(6) Emulsifiers shall not be discharged to the sewer system into
interceptors. No person shall use enzymes, bacteria, solvents, hot water
or other agents to facilitate the passage of Oil and Grease through a
Grease Interceptor.
(7) In the case of failure to adequately maintain the grease interceptor
20
to the satisfaction of the Designated Sewer Officer, the Designated
Sewer Officer may require an alarmed monitoring device to be installed,
at the expense of the owner, in accordance with specifications of
CAN/CSA B-481.
Garbage Grinders
9.1.1 No person shall install or operate any garbage grinding devices for
domestic purposes, the effluent from which will discharge directly or
indirectly into a storm, or sanitary sewage works.
9.1.2 In the case of industrial, commercial or institutional properties
where garbage grinding devices are installed in accordance with the
code Building Code, the effluent from such garbage grinding devices
must comply with Sections 4.1, 4.2 and 4.3.
9.2 Vehicle and Equipment Service Oil and Grease Interceptors
(1) Every owner or operator of a vehicle or equipment service station,
repair shop or garage or of an industrial, commercial or institutional
premises or any other establishment where motor vehicles are repaired,
lubricated or maintained and where the sanitary discharge is directly or
indirectly connected to a sewer shall install an oil and grease interceptor
designed to prevent motor oil and lubricating grease from passing into
the sanitary sewer in excess of the limits in this by-law.
(2) The owner or operator of the premises as set out in Subsection
7.2(1) shall install, operate, and properly maintain an oil and grease
interceptor in any piping system at its premises that connects directly or
indirectly to a sewer. The oil and grease interceptors shall be installed in
compliance with the most current requirements of the applicable
Building Code and be maintained as recommended by the Canadian
Petroleum Products Institute (CPPI).
(3) All oil and grease interceptors and separators shall be maintained in
good
working
order
and
according
to
the
manufacturer's
recommendations
and
shall
be
inspected
regularly
to
ensure
performance is maintained to the manufacturer's specifications for
performance and inspected to ensure the surface oil and sediment levels
do not exceed the recommended level.
(4) A maintenance schedule and record of maintenance shall be
submitted to the Designated Sewer Officer annually for each oil and
grease interceptor installed.
(5) The owner or operator of the premises as set out in Subsection
7.2(1), shall, for two years, keep the document of proof for interceptor
clean-out and oil and grease disposal.
(6) Emulsifiers shall not be discharged to the sewer system into
21
interceptors. No person shall use enzymes, bacteria, solvents, hot water
or other agents to facilitate the passage of oil and grease through an oil
and grease interceptor.
(7) In the case of failure to adequately maintain the oil and grease
interceptor to the satisfaction of the Designated Sewer Officer, the
Designated Sewer Officer may require an alarmed monitoring device to
be installed, at the expense of the owner.
9.3 Sediment Interceptors
(1) Every owner or operator of the premises from which sediment may
directly or indirectly enter a sewer, including but not limited to premises
using a ramp drain or area drain and vehicle wash establishments, shall
take all necessary measures to ensure that such sediment is prevented
from entering the drain or sewer in excess of the limits in this by-law.
(2) Catch basins installed on private property for the purposes of
collecting storm water and carrying it into the storm sewers shall be
equipped with an interceptor and the installation of these catch basins
on private property shall comply with the Municipality's Standard
Construction Specifications and Drawings, as they may be amended
from time to time.
(3) All sediment interceptors shall be maintained in good working order
and according to manufacturer's recommendations and shall be
inspected regularly to ensure performance is maintained to the
manufacturer's specifications for performance.
(4) The owner or operator of a premises as set out in Subsection 7.3(1),
shall, for 2 years, keep documentation of interceptor clean-out and
sediment disposal.
(5) A maintenance schedule and record of maintenance shall be
submitted to the Designated Sewer Officer upon request for each
sediment interceptor installed.
9.4 Dental Waste Amalgam Separator
Every person who owns or operates a dental practice shall comply with
the Dentistry Act, 1991, S.O. 1991, c. 24, and the regulations made
thereunder, as amended from time to time, for the management and
disposal of amalgam waste.
(1) Every owner or operator of the premises from which dental amalgam
may be discharged, which waste may directly or indirectly enter a sewer,
shall install, operate and properly maintain dental amalgam separator(s)
with at least 95% efficiency in amalgam weight and certified ISO 11143
- "Dental Equipment: Amalgam Separators", in any piping system at its
premises that connects directly or indirectly to a sewer except where
22
the sole dental-related practice at the premises consists of one or more
of the following specialties or type of practice:
(a) Orthodontics and dentofacial orthopaedics;
(b) Oral and maxillofacial surgery;
(c) Oral medicine and pathology;
(d) Periodontics; or
(e) A dental practice consisting solely of visits by a mobile dental
practitioner who prevents any dental amalgam from being released
directly or indirectly to the wastewater works.
(2) Notwithstanding Subsection 7.4(1), any person operating a business
from which dental waste amalgam is or could be discharged directly or
indirectly to a sewer, at premises which are constructed or substantially
renovated on or after the date that Section 7.4 comes into force, shall
install,
operate
and
properly
maintain
dental
waste
amalgam
separator(s) in any piping system which is connected directly or
indirectly to a sewer.
(3) Notwithstanding compliance with Subsection 7.4 (1) and 7.4 (2), all
persons operating or carrying on the business of a dental practice shall
comply with Schedule "A" and Schedule "B" of this by-law.
(4) All dental waste amalgam separators shall be maintained in good
working order and according to the manufacturer's recommendations.
(5) A maintenance schedule and record of maintenance shall be
submitted to the Designated Sewer Officer upon request for each dental
amalgam separator installed.
(6) The operator of a dental clinic shall, for five years, keep the
documents covering amalgam shipment.
10. HAULED WASTEWATER
(1) No person shall discharge hauled wastewater to the wastewater works unless:
(a) The carrier of the hauled wastewater operating as a waste management
system has certificate of approval or provisional certificate of approval issued
under the Environment Protection Act (Ontario) or is exempt from the
requirement to have a certificate or provisional certificate of approval;
(b) A copy of the most recent certificate of approval or provisional certificate
and any amendment is provided to the Municipality and
(c) The carrier meets all conditions for discharge that are or may be set from
time to time with respect to the haulage of wastewater by the Municipality.
(2) No person shall discharge or permit the discharge of hauled wastewater:
(a) At a location other than a hauled wastewater discharge location approved by
the Municipality.
(b) Without a manifest, in a form approved by the Designated Sewer Officer,
completed and signed by the carrier and deposited in an approved location at
the time of discharge.
23
(c) Without the use of a discharge hose placed securely in the discharge portal
at the approved location.
11. HAULED WASTE
(1) No person shall discharge hauled waste to the wastewater works unless:
(a) The carrier of the hauled waste operating as a waste management system
has a certificate of approval or provisional certificate of approval issued under
the Environment Protection Act or is exempt from the requirement to have a
certificate or provisional certificate of approval;
(b) A copy of the most recent certificate or provisional certificate and any
amendment of approval is provided to the Municipality;
(c) Hauled waste meets the conditions set out in the Environment Protection
Act, as amended from time to time; and
(d) The carrier meets all conditions for discharge that are or may be set from
time to time with respect to the haulage of waste by the Municipality.
(2) No person shall discharge or allow or cause hauled waste to be discharged into a
Sewer, except at sites designated by the Designated Sewer Officer.
12. NON-CONTACT COOLING WATER
(1) The discharge of non-contact cooling water or uncontaminated water to a sanitary
sewer from any residential property is prohibited. The discharge of non-contact cooling
water or uncontaminated water to a sanitary sewer from industrial, commercial or
institutional properties is permissible where:
(a) In the case of a proposed building, no storm sewer exists adjacent to the
building and no opportunity exists to discharge to yard drainage; or
(b) In the case of an existing building, no storm connection exists to the
building.
13. WATER ORIGINATING FROM A SOURCE OTHER THAN THE MUNICIPAL
WATER SUPPLY
(1) The discharge of water originating from a source other than the Municipality water
supply, including storm water or groundwater, directly or indirectly to a sanitary sewer
works is prohibited, unless:
(a) The discharge is in accordance with a Waste Discharge Permit; and
(b) The discharge does not exceed the limits set out under Schedule B, with
respect to biochemical oxygen demand, total phosphorus or total suspended
solids; or
(c) In the event the discharge does exceed the limits set out under Schedule B,
with respect to any of biochemical oxygen demand, total phosphorus or total
suspended solids, the discharge is in accordance with an Extra Strength
Surcharge Agreement.
14. SPILLS
(1) In the event of a spill to a wastewater works and/or storm sewer works, the
person responsible or the person having the charge, management and control of the
24
spill shall immediately notify and provide any requested information with regard to the
spill to:
(a) If there is any immediate danger to human health and/or safety
(i) Spills Action Centre (1-800-268-6060)
or,
(b) If there is no immediate danger:
(i) the Township of Southgate by contacting the Designated Sewer
Officer, and
(ii) the owner of the premises where the release occurred, and
(iii) any other person whom the person reporting knows or ought
to know may be directly affected by the release.
(2) The person shall provide a detailed report on the spill to the Municipality, within
five working days after the spill, containing the following information to the best of his
or her knowledge:
(a)
Location where spill occurred;
(b)
Name and telephone number of the person who reported the spill and the
location and time where they can be contacted;
(c)
Date and time of spill;
(d)
Material spilled;
(e)
Characteristics and composition of material spilled;
(f)
Volume of material spilled;
(g)
Duration of spill event;
(h)
Work completed and any work still in progress in the mitigation of the
spill;
(i)
Preventive actions being taken to ensure a similar spill does not occur
again; and
(j)
Copies of applicable spill prevention and spill response plans.
(3) The person responsible for the spill and the person having the charge,
management and control of the spill shall do everything reasonably possible to contain
the spill, protect the health and safety of citizens, minimize damage to property,
protect the environment, clean up the spill and contaminated residue and restore the
affected area to its condition prior to the spill.
(4) Nothing in this By-law relieves any persons from complying with any notification or
reporting provisions of:
(a)
Other government agencies, including federal and provincial agencies, as
required and appropriate for the material and circumstances of the spill;
or,
(b)
Any other By-law of the Municipality.
(5) The Municipality may invoice the person responsible for the spill to recover costs of
time, materials and services arising as a result of the spill. The person responsible for
the spill shall pay the costs invoiced.
(6) The Municipality may require the person responsible for the spill to prepare and
submit a spill contingency plan to the Municipality to indicate how risk of future
incidents will be reduced and how future incidents will be addressed.
25
15. SEWER CONNECTIONS
15. (1) The Owner or Operator of a building which has a Rain Water Leader,
Storm Water Leader and/or Ground Water Drainage System shall not connect or
permit the Rain Water Leader, Storm Water Leader or Ground Water Drainage
System to be connected, either directly or indirectly, to the Sanitary Sewer
Connection, and shall instead conduct the Storm Water or Ground Water away
from the building in such a way that the Storm Water and Ground Water will not
accumulate at or near the building and will not adversely affect adjacent
properties. Alternatively, Storm Water and Ground Water discharge can be
connected to the storm service where available to the property.
(2) For the purposes of this section:
(a) "directly" means by any physical Connection or series of Connections between
the Rain Water Leader, Storm Water Leader or Ground Water Drainage System
and the Sanitary Sewer system; and
(b) "indirectly" means in any manner whatsoever whereby Storm Water or
Ground Water enters the Sewage Works, and for greater certainty includes any
situation where open joints in underground Sewer Connections on private
property permit Storm Water or Ground Water to infiltrate the Sewage Works.
This includes sump pumps.
(3) An Owner or Operator of a premise may request an inspection by the
Township, at the cost of the Owner or Operator, by means of a dye test or closed
circuit television inspection of any existing Sewer Connection.
(4) No direct or indirect interconnection between a private storm drain system
and a Sanitary Sewer is permitted.
(5) The Ground Water Drainage System of every premise shall be installed and
maintained by the Owner or Operator of the premise, at his /her/its sole expense.
(6) No Person shall construct, install or maintain, or cause or permit to be
constructed, installed or maintained, drainage from any Rain Water Leader or
Downspout that conveys Storm Water from a new free-standing building directly
or indirectly to a Sanitary Sewer for the purpose of Storm Water drainage. Storm
Water shall be discharged at a grade away from the building in such a manner
that the Storm Water shall not accumulate at or near the building and shall not
adversely affect adjacent properties. The Building code requires rain water
leaders to be connected to the storm sewer, grade, or ditch where available.
Sanitary Sewer Back-ups /Blockages
If a property connection is experiencing a sanitary sewer back-up or blockage the
following procedure is to be followed:
1. Do not flush toilets or use drains until the sewer backup has been resolved.
2. Notify the Township as soon as possible
26
3. Township staff will investigate upstream and downstream sanitary sewer main
line manholes for observations of water levels and debris. If this is the case, the
Township will initialize flushing operations of the sewer main line.
4. If the sewer main line is clear and flowing as normal, the property owner will be
responsible to contact a plumber. Call before you dig! Call Ontario One Call at 1-
800-400-2255 to locate buried natural gas infrastructure, before snaking or
rodding a sewer lateral is required.
5. If it is determined that the blockage is in the portion of the sanitary service
located on private property, then the property owner is responsible to address
the problem at their cost.
6. If the blockage is deemed to be on Township property, by way of
measurement or video, the Township will be responsible for all costs of repair.
7. The property owner is responsible at their own cost, for all maintenance
associated
with
their
sewer
lateral.
Regular
maintenance
is
strongly
recommended in order to maintain a properly functioning sewer lateral. Grease
removal, flushing of a slow running sewer lateral and removal/cutting of
infiltrating tree roots are examples of regular maintenance.
16. AUTHORITY OF DESIGNATED SEWER OFFICER TO INVESTIGATE
(1) The Designated Sewer Officer has the authority to carry out any inspection
reasonably required to ensure compliance with this by-law, including but not limited
to:
(a) Inspecting, observing, sampling and measuring the flow in any private
(i) drainage system,
(ii) wastewater disposal system,
(iii) storm water management facility, and
(iv) flow monitoring point;
(b) Determine water consumption by reading water meters;
(c) Test flow measuring devices;
(d) Take samples of wastewater, storm water, clear-water waste and subsurface
water being released from the premises or flowing within a private drainage
system;
(e) Perform on-site testing of the wastewater, storm water, clear-water waste
and subsurface water within or being released from private drainage systems,
pretreatment facilities and storm water management facilities;
(f) Collect and analyze samples of hauled wastewater coming to a discharge
location;
(g) Make inspections of the types and quantities of chemicals being handled or
used on the premises in relation to possible release to a drainage system or
watercourse;
(h) Require information from any person concerning a matter;
(i) Inspect and copy documents or remove documents from premises to make
copies;
(j) Inspect chemical storage areas and spill containment facilities and request
27
Material Safety Data Sheets (MSDS) for materials stored or used on site;
(k) Inspect the premises where a release of prohibited or restricted wastes or of
water containing prohibited or restricted wastes has been made or is suspected
of having been made, and to sample any or all matter that in his/her opinion
could have been part of the release.
(2) No person shall hinder or prevent the Designated Sewer Officer from carrying out
any of his/ her powers or duties.
16.1 Responsibility for enforcement
Municipal By-Law Enforcement Officers appointed by the Township are authorized
to enforce the provisions of this By-law.
16.2 Power to inspect and take samples
In accordance with section 87 of the Municipal Act, 2001, and in accordance with
Part 12 of this By-law, the municipality may enter on land, at reasonable times,
to inspect the discharge of any matter into the sanitary sewage works of the
municipality or into any other sewage system the contents of which ultimately
empty into the municipal sanitary sewage works and may conduct tests and take
samples for this purpose.
16.3 Power of entry re-inspection
Pursuant to section 435 and 436 of the Municipal Act, 2001 any employee, officer
or agent of the municipality or a member of the police force of the municipality,
may without notice, and upon producing proper identification upon request, enter
on land at any reasonable time for the purpose of carrying out an inspection, to
determine whether this By-law, a direction or order of the municipality made
under this by-law, a condition of a permit issued under this By-law , or an order
made under Section 431 of the Municipal Act, is being complied with. The person
exercising the power may be accompanied by a person under his or her direction.
16.4 Power of entry - pursuant to an order
Where an employee, officer or agent of the municipality has made a reasonable
attempt to obtain the occupier's consent to conduct an inspection and has been
unable to exercise the powers of inspection under the authority of section 16.2 or
16.3, the municipality may, pursuant to section 438 of the Municipal Act, 2001
obtain an order authorizing the municipality to enter on land for the purpose of
carrying out an inspection.
16.5 Power of entry - dwelling unit
Despite section 13.2, a person exercising a power of entry on behalf of the
municipality under this By-law shall not enter or remain in any room or place
actually being used as a dwelling unless:
16.5.1 the consent of the occupier is obtained, the occupier first having
been informed that the right of entry may be refused and, if refused,
may only be made under the authority of an order issued under section
438, a warrant issued under section 439 or a warrant under section
386.3 of the Municipal Act, 2001;
28
16.5.2 an order issued under section 438 of the Municipal Act, 2001 is
obtained;
16.5.3 a warrant issued under section 439 of the Municipal Act, 2001 is
obtained;
16.5.4 a warrant issued under section 386.3 of the Municipal Act, 2001
is obtained;
16.5.5 the delay necessary to obtain an order under section 438, to
obtain a warrant under section 439 or to obtain the consent of the
occupier would result in an immediate danger to the health or safety of
any person.
16.6
Order to discontinue
Pursuant to section 444 of the Municipal Act, 2001, where the municipality is
satisfied that a contravention of this By-law has occurred, the municipality may
make an order requiring the person who contravened the by-law or who caused
or permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity. The order shall
set out,
16.6.1 reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the contravention
occurred; and
16.6.2 the date by which there must be compliance with the order.
16.7
Work order
Pursuant to section 445 of the Municipal Act, 2001, where the municipality is
satisfied that a contravention of this By-law has occurred, the municipality may
make an order requiring the person who contravened the by-law or who caused
or permitted the contravention or the owner or occupier of the land on which the
contravention occurred to do work to correct the contravention. An order may
require work to be done even though the facts which constitute the contravention
of the by-law were present before the by-law making them a contravention came
into force. The order shall set out:
16.7.1 reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the
contravention occurred; and
16.7.2 the work to be done and the date by which the work must be
done.
16.8 Remedial action
Pursuant to section 446 of the Municipal Act, 2001, where the municipality has
the authority under this By-law or under any Act to direct or require a person to
do a matter or thing, in default of it being done by the person directed or
29
required to do it, the municipality may enter upon land at any reasonable time,
to perform the work at the person's expense and may recover the costs from the
person directed or required to do it, by action or by adding the costs to the tax
roll.
17. DISCONNECTION OF SEWER
(1) Where wastewater which:
(a) Is hazardous or creates an immediate danger to any person;
(b) Endangers or interferes with the operation of the wastewater collection
system; or
(c) Causes or is capable of causing an adverse effect;
is discharged to the wastewater collection system, the Designated Sewer Officer may,
in addition to any other remedy available, disconnect, plug or seal off the sewer line
discharging the unacceptable wastewater into the wastewater collection system or
take such other action as is necessary to prevent such wastewater from entering the
wastewater collection system.
(2) The wastewater may be prevented from being discharged into the wastewater
collection system until evidence satisfactory to the Designated Sewer Officer has been
produced to assure that no further discharge of hazardous wastewater will be made to
the wastewater collection system.
(3) Where Public Works Manager takes action pursuant to subsection (1), the
Designated Sewer Officer may by notice in writing advise the owner or occupier of the
premises from which the wastewater was being discharged, of the cost of taking such
action and the owner or occupier, as the case may be, shall forthwith reimburse the
Township for all such costs which were incurred.
18. OFFENCES
(1) Every person other than a corporation who contravenes any provision of this by-
law is guilty of an offence and on conviction is liable, for every day or part thereof
upon which such offence occurs or continues, to a fine of not more than $25,000 for a
first offence and $100,000 for a second offence.
(2) Every corporation that contravenes any provision of this by-law is guilty of an
offence and on conviction is liable, for every day or part thereof upon which such
offence occurs or continues, to a fine of not more than $250,000 for a first offence and
not more than $500,000 for a second offence.
19. ACCESS TO INFORMATION
(1) All information submitted to and collected by the Municipality that is contained in
plan summaries, reports, surveys, monitoring and inspection and sampling activities
will, except as otherwise provided in this section, be available for disclosure to the
public in accordance with the Freedom of Information and Protection of Privacy Act
(Ontario).
(2) In the event that any person in submitting information to the Municipality, as
30
required under this article, where such information is confidential or proprietary or
otherwise, may be exempt from disclosure under the Freedom of Information and
Protection of Privacy Act (Ontario), the person submitting the information shall so
identify that information upon its submission to the Municipality or the Municipality and
where such information is confidential or proprietary or otherwise, may be exempt
from disclosure.
(3) The Designated Sewer Officer shall have access to information contained in the
Certificate of Approval (or Environmental Compliance Approval (ECA)) of any
wastewater dischargers to the Municipal sewer system.
20. HINDER/OBSTRUCT OFFICER
No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Officer, employee and/or agent of the Municipality in the
lawful exercise of a power or duty under this by-law.
21. REPEAL PREVIOUS BY-LAW
This By-law when placed into force repeals By-law 13-2011.
22. SEVERABILITY
It is hereby declared that each and every of the foregoing provisions of this by- law is
severable and that if any provisions of this by-law should, for any reason, be declared
invalid by any Court, it is the intention and desire of this Council that each and every
of the then remaining provisions hereof shall remain in full force and effect.
23. SHORT TITLE
This by-law shall be referred to as the "Township of Southgate Sewer Use By-law."
24. EFFECTIVE DATE
This By-law shall come into force and effect on the day of its passing thereof.
Read a first, second, and third time and finally passed this 16th day of
June 2021.
____________________________
John Woodbury - Mayor
____________________________
Lindsey Green - Clerk
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Township of Southgate Sewer Use By-law
SCHEDULE "A" PROHIBITED WASTES
A. No person shall discharge directly or indirectly or deposit or cause or permit the
discharge or deposit of wastewater into a sanitary sewer, municipal or private sewer
connection to any sanitary sewer works in circumstances where:
(1) To do so may cause or result in:
(a) A health or safety hazard to a person authorized by the Municipality to
inspect, operate, maintain, repair or otherwise work on a wastewater works;
(b) An offence under the Environmental Protection Act (Ontario) as amended
from time to time, or any regulation made thereunder from time to time;
(c) Wastewater sludge from the wastewater treatment facility works to which
either wastewater discharges, directly or indirectly, to fail to meet the objectives
and criteria as listed in the Environmental Protection Act (Ontario) as amended
from time to time;
(d) Interference with the operation or maintenance of a wastewater works, or
which may impair or interfere with any wastewater treatment process;
(e) A hazard/damage to any person, animal, property, infrastructure or
vegetation;
(f) An offensive odour to emanate from wastewater works, and without limiting
the generality of the foregoing, wastewater containing hydrogen sulphide,
carbon disulphide, other reduced sulphur compounds, amines or ammonia in
such quantity as may cause an offensive odour;
(g) Damage to wastewater works;
(h) An obstruction or restriction to the flow in wastewater works.
(2) The wastewater has two or more separate liquid layers.
(3) The wastewater contains:
(a) Hazardous substances;
(b) Combustible liquid;
(c) Biomedical waste, including any of the following categories: human
anatomical waste, animal waste, untreated microbiological waste, waste sharps
and untreated human blood and body fluids known to contain viruses and
agents listed in "Risk Group4" as defined in "Laboratory Biosafety Guidelines"
published by Health Canada, dated, 2004, as amended.
(d) Specified risk material for bovine spongiform encephalopathy as defined in
the federal Fertilizers Regulations (C.R.C., c. 666), as amended from time to
time, including material from the skull, brain, trigeminal ganglia, eyes, tonsils,
spinal cord and dorsal root ganglia of cattle aged 30 months or older, or
material from the distal ileum of cattle of all ages.
(e) Dyes or colouring materials which may or could pass through a wastewater
works and discolour the wastewater works effluent;
(f) Fuel;
(g) Ignitable waste.
(h) Pathological waste.
(i) PCBs.
(j) Pesticides which are not otherwise regulated in this by-law.
32
(k) Reactive waste.
(l) Toxic substances which are not otherwise regulated in this By-law.
(m) Waste radioactive substances in excess of concentrations greater than
those specified for release to the environment under the Nuclear Safety and
Control Act and Regulations or amended versions thereof.
(n) Solid or viscous substances in quantities or of such size to be capable of
causing obstruction to the flow in a sewer, including but not limited to ashes,
bones, cinders, sand, mud, soil, straw, shaving, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, animal parts or tissues, and paunch
manure.
(4) The wastewater contains a concentration, expressed in milligrams per litre, in
excess of any one or more of the limits in Schedule "B" of this By-law, unless:
(a) The discharge is in accordance with a valid Sanitary Discharge Agreement,
Extra Strength Surcharge Agreement or compliance program;
(b) The discharge is authorized in a Code of Practice approved by the
Municipality;
(c) All requirements of Section 7 Additional Requirements have been fully
satisfied.
33
Township of Southgate Sewer Use By-law
SCHEDULE "B" RESTRICTED WASTES
SANITARY SEWER DISCHARGES
Table A - CONVENTIONAL CONTAMINANTS and PHYSICAL PARAMETERS
Substance
Concentration Limit-
[mg/L, except as noted]
Biochemical Oxygen Demand
300
Chemical Oxygen Demand
600
Oil and grease - animal and vegetable
150
Oil and grease - mineral and synthetic/
hydrocarbon
15
Total Suspended Solids
300
pH
6.0 - 10.5 (unitless)
Temperature
60 Degrees Celsius
Table B - ORGANIC CONTAMINANTS
Substance
Concentration Limit-
[mg/L, except as noted]
Benzene
0.01
Chloroform
0.04
Dichlorobenzene (1,2-)
0.05
Dichlorobenzene (1,4)
0.08
Ethylbenzene
0.06
Hexachlorobenzene
0.0001
Methylene chloride (dichloromethane)
0.09
PCBs (chlorobiphenyls)
0.004
Phenols, Total (or Phenolic compounds)
0.1
Tetrachloroethane (1,1,2,2 - )
0.06
Tetrachloroethylene
0.06
Toluene
0.02
Trichloroethylene
0.05
Xylenes, total
0.3
Table C - INORGANIC CONTAMINANTS
Substance
Concentration Limit-
[mg/L, except as noted]
Arsenic, total
1.0
Cadmium, total
0.7
Chromium, total
3.0
Cobalt, total
5.0
34
Copper, total
2.0
Cyanide, total
1.2
Lead, total
3.0
Mercury
0.10
Molybdenum, total
5.0
Nickel, total
2.0
Nitrogen, Total Kjeldahl
50
Phosphorus, total
10
Selenium, total
2.0
Silver, total
1.0
Sulphide (as H2S)
1.0
Zinc, total
0.0
35
Township of Southgate Sewer Use By-law
APPENDIX "A"
DISCHARGE APPLICATION
AND DISCHARGE PERMIT FORMS
Form #1 Abbreviated Discharger Information Report
The Municipality of the Township of Southgate Sewer Use Program
The completion of this form is required by all dischargers to sewage works under
By-law 2021-090 addressing sewer use in the Municipality of the Township of
Southgate.
**If you have any questions on the form, please call 519-923-2110
The completed form is to be forwarded to:
Attention: Designated Sewer Officer, Municipality of the Township of Southgate,
185667 Grey Road 9, Dundalk, Ontario N0C 1B0
Please print clearly while completing the form.
The Abbreviated Discharger Information Report
1 Name of Company
2 Address of Company
Phone:
Fax:
3. Owner of property (if different from Company listed above)
Phone:
Fax:
4 Brief Description of Product or Service
5 Brief Description of the Process(es) used in the Manufacturing or
Servicing
36
6 'Are there' or 'Will there be' any of the following wastewater
discharges from the description as provided in #5?
Process wastewater
Yes / No
Non-contact cooling water
Yes / No
Other sources of wastewater (other than sanitary) Yes / No
(if yes, brief description)
7 Does the site have any existing connections to the following
sewers?
sanitary Yes / No
storm Yes / No
8 Location of Process units?
Inside / Outside / Outside but
covered
Storage of raw materials?
Inside / Outside / Outside but covered
Storage of intermediate products?
Inside / Outside / Outside but
covered
Storage of final products?
Inside / Outside / Outside but covered
9 Does the site have any of the following programs in place to
address discharges to the sewer system?
Pollution Prevention
Yes / No
Best Management Plan
Yes / No
Environmental Management System Yes / No
Other program / practices
Yes / No
Date form completed:
Name and Title of Company Representative:
Signature of Authorized Company Representative
Note: Completion of the "Complete Discharger Information Report" may be
required based on this report and/or subsequent verification of the site by the
Municipality.
For Municipality use only - date completed form received:
37
Form #2 Detailed Discharger Information Report
The Municipality of the Township of Southgate Sewer Use Program
The completion of this form by dischargers to the sewage works is required under
certain circumstances by By-law 2021-090 addressing sewer use in the Municipality of
the Township of Southgate.
**If you have any questions on the form, please call 519-923-2110
The completed form is to be forwarded to:
Attention: Designated Sewer Officer, the Municipality of the Township of Southgate,
185667 Grey Road 9, Dundalk, Ontario N0C 1B0
Please note the following:
Print clearly while completing the form.
Additional information and attachments - are required.
Indicate what material has been attached to ensure that the municipality is aware of
all the information provided.
The Detailed Discharger Information Report
1
Name of Company
2
Address of Company
Phone:
Fax:
3. Owner of property (if different from Company listed above)
Phone:
Fax:
4
General Site Operation Information
Number of Employees involved in
plant:
office:
other:
Total:
Number of Shifts per day:
Number of operating days per
week:
5
Description of Product(s) or Service
Include Standard Industrial Code (SIC) - state if SIC is Canadian or
American
38
6
Description of the Process(es) used in the Manufacturing or
Servicing
Include characteristics such as Batch (how many per time period),
Continuous, or Both (explanation to be provided), Seasonal Production
Cycles, Specific Clean-up Periods and Clean-up Activities, Production Rates
7
Average Daily Water Use and Sources
Municipal Supply
Yes / No ______m3/day Estimated or Measured
Surface Water**
Yes / No ______m3/day Estimated or Measured
Groundwater*
Yes / No ______m3/day Estimated or Measured
Other sources**
Yes / No ______m3/day Estimated or Measured
If flow rate varies significantly provide peak flow rates per day and month
and explanation.
* Provide copy of the Permit to Take Water [or other documentation per
relevant jurisdictional requirements]
** If 'Yes' - provide explanation as an attachment.
8
Discharge Points from Site
List all liquid effluent discharge points from the site and average daily flow
for each point in cubic metres per day of sanitary, noncontact cooling
water, process wastewater, contact cooling water and other discharge
water to the sanitary sewer, combined sewer, storm sewer, groundwater,
surface water, evaporation losses (if applicable), and percent of water in
final manufactured product (if significant and applicable to the site).
For example: process wastewater from manufacturing line to sanitary
sewer at an average daily flow of 200 m3/day (measured)
9
Known Characteristics of Discharges
Provide existing data on the chemical composition and constituent
concentrations of the discharges listed above in #8
10 Physical Layout
Provide sketch of property (to scale or approximate) showing
buildings, pretreatment works, property boundaries, effluent lines, and
connections to sanitary, combined
and storm sewers.
Please identify sewers as listed on the Parameter Information Form
as completed
above.
Layout may be attached as separate document - leave note to
indicate submission
with this form.
A flow diagram of the site flows/processes is also required.
39
11
Generation Registration Information
Provide any Generator Registration Numbers that the site under the
requirements of the governing jurisdiction [Note to By-law Author: for
example, Ontario Regulation 347 under the Environmental Protection Act]
12
Extra Strength Surcharge Agreements (ESSA)
Does the site have an existing ESSA with the Municipality?
Yes / No
Did the site previously have an ESSA with the Municipality?
Yes / No
If yes, to either question - Attach a copy of each agreement to this form.
13
Pretreatment of Discharges Prior to Discharge
Does the site have any pretreatment systems for process effluents prior to
discharge to the sewer system? Yes / No
If yes - attach copy of each to the form and explanation for
implementation.
14 Does the site have any of the following programs addressing
discharges to the sewer system in place?
Pollution Prevention
Yes / No
Best Management Plan
Yes / No
Environmental Management System Yes / No
Water Conservation
Yes / No
Other program / practices
Yes / No
If yes - attach copy of each to the form and explanation for
implementation.
Date form completed:
Name and Title of Company Representative:
Signature of Authorized Company Representative:
The information submitted in this form may subject to verification by the
municipality:
For Municipality use only Date completed form received:
Date information verified/approved:
40
Form #3 Municipality of the Township of Southgate Waste Discharge Permit
Under the provisions of the Municipality of the Township of Southgate Sewer Use
By-law No. 2021-090, ____________ hereinafter referred to as the Permittee, is
authorized to discharge Non-Domestic Waste to the Sanitary located at
______________________________________________________ .
This Waste Discharge Permit, hereinafter referred to as the "Permit", has been issued
under the terms and conditions, including definitions, prescribed in the Municipality of
the Township of Southgate Sewer Use By-law 2021-090 hereinafter referred to as the
"By-law".
This Permit sets out the standard conditions, engineering units, and the requirements
for emergency procedures.
A. STANDARD CONDITIONS
1. Except as otherwise provided in this Permit, all terms and conditions stipulated in
the By-law shall apply to this Permit.
2. The terms and conditions of this Permit may be amended by the Municipality
pursuant to the By-law.
B. MAINTENANCE AND OPERATION OF WORKS AND PROCEDURES
Wastewater control works and procedures associated with maintaining the discharge
criteria and/or the monitoring requirements specified in the Permit shall be employed
at all times during the discharge of industrial/commercial wastes to sewer. All such
works and procedures shall be inspected regularly and maintained in good working
condition.
C. EMERGENCY PROCEDURES
In the event of an emergency or condition which prevents the continuing operation of
any wastewater works or procedures designated by this Permit or results or may result
in a violation of any discharge criteria specified in this Permit, the Permittee shall
notify the Municipality at 519-378-3777 (24 hours) at the first available opportunity
and shall undertake appropriate remedial action as soon as possible.
D. BY-PASSES
The discharge of wastes which by-pass any wastewater works, or which are not in
accordance with procedures designated by the Permit, is prohibited unless prior
approval of the Municipality is obtained and confirmed in writing.
E. DISCHARGE MONITORING
1. Discharge measurement, sampling, analysis, and reporting shall be undertaken by
the Permittee when required by the Designated Sewer Officer. The Designated Sewer
Officer may also undertake audit sampling, at the Designated Sewer Officer's
discretion.
41
F. pH MONITORING
Enforcement of pH levels, as listed in this Permit, shall be based on grab samples. The
Permittee should be aware that pH levels measured in a Composite Sample [if
required] will provide an average pH of the waste stream and will not indicate the total
range of pH in the effluent. The Permittee is encouraged to do periodic grab sample pH
analyses to ensure permit compliance.
G. DISCHARGE SAMPLING AND ANALYSES
The Permittee shall carry out the following sampling and analysis program, to
commence on _______________________.
1. Continuous Discharges
(a) Effective ___________________, the Permittee shall measure or estimate, using
an approved flow monitoring device(s) or method(s), the daily discharge for each
sampling location during each month of operation. The following information shall be
recorded for each sampling location:
Total flow for the month (m3)
Number of operating days during the month
Average daily flow for the month (m3/day)
Maximum daily flow for the month (m3/day)
2. Continuous and Batch Discharges
(a) Composite Samples - A 24 hour [if facility operates 24 hours per day] or 8 hour [if
facility operates 8 hours per day] composite sample shall be taken by the discharger
using sampling equipment installed in the monitoring access point(s), or other sample
point(s) approved by the Designated Sewer Officer at the following frequency:
_________________. The Discharge flow for the periods that the Composite
Sample(s) [if required] are collected shall be recorded. [If the Industry does not have
a composite sampler or samplers available to be installed in the monitoring access
point(s), the Municipality will use its own composite sampling equipment to collect
required samples and may recover costs of sample collection from the Industry.]
Composite Sample(s) shall be analyzed for the following parameters:
[insert parameters]
(b) One grab sample shall be collected from each monitoring access point(s), or other
sample point(s) approved by the Designated Sewer Officer during normal facility
operating hours, and at the time of day approved by the Designated Sewer Officer, at
the following frequency: _____________________________. The sample date and
time shall be recorded.
Grab Sample(s) shall be analyzed for the following parameters:
[insert parameters]
42
3. Sample Analysis
All sampling, measurements, tests and analyses of waste discharges shall be carried
out in accordance with the latest edition of STANDARD METHODS, or an alternate
method approved by the Designated Sewer Officer. Samples shall be submitted for
analysis to an ACCREDITED LABORATORY, at the expense of the discharger, unless
other arrangements have been approved by the Designated Sewer Officer. The owner
shall supply hard copies of the results of the analysis to the Designated Sewer Officer
in a format acceptable to the inspector within the time specified by the inspector.
H. LOCATION OF APPROVED SAMPLE POINTS
The approved sample points are as follows and as shown on the attached schematic of
approved sample points and treatment processes. Sample point ______ is considered
to be the point of discharge to sewer.
SAMPLE POINT NO. DESCRIPTION
Sample Point 1 ______________________________
Sample Point 2 ______________________________
PHOTOGRAPH OF APPROVED SAMPLING POINT
SUPPLIED BY PERMITTEE
I. AUTHORIZED DISCHARGE CHARACTERISTICS
1. Authorized Rate of Discharge
The Permittee shall not exceed the following:
[insert flow rates]
2. Authorized Discharge Criteria
This Permit sets out requirements for the quantity and quality of the discharge of Non-
Domestic Wastewater from a _______________________. Where a compliance
program has been specified, existing works or procedures must be maintained in good
operating condition and operated in a manner to minimize the discharge of
contaminants during the interim period until the new works have been installed.
a) The Permittee shall not discharge prohibited waste, as defined in Schedule "A" of
the By-law.
b) The Permittee shall not discharge restricted waste, as defined in Schedule "B" of the
By-law with the following exceptions:
43
[insert Parameter Authorized Range or Maximum Concentration]
Compliance with the above-noted exceptions is to be achieved by:
____________________
c) The Permittee shall not discharge storm water or cooling water into the sanitary
sewer system.
J. AUTHORIZED WORKS AND PROCEDURES
This Permit sets out the waste sources, works and procedures for the authorized
discharges to sewers. The Designated Sewer Officer may require that further works be
installed if the existing works, in his opinion, do not provide an acceptable level of
treatment. New works or alterations to existing works must be approved, in principle,
by the Designated Sewer Officer.
New waste sources must be authorized, in writing, by the Designated Sewer Officer.
The authorized waste sources, works and procedures to treat and/or control the waste
discharge are:
SOURCE COMPLETION DATE WORKS & PROCEDURES
1. ________ __________________ ________________________
2. ________ __________________ ________________________
K. REPORTING REQUIREMENTS FOR WASTE DISCHARGE PERMIT
The Permittee is required to submit the following reports to the Designated Sewer
Officer:
a) The Permittee shall submit the results of effluent sampling (as required by the
Designated Sewer Officer) to the Designated Sewer Officer at the following frequency
[insert frequency].
b) By not later than ______________________________, the Permittee shall submit
a written report outlining the specifications of the flow monitoring device or method
used to determine the discharge flow rate.
c) Additional reporting shall be undertaken by the Permittee when required by the
Designated Sewer Officer. [i.e. insert reporting requirements for compliance programs,
status on pollution prevention activities, etc.