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THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2006-69
Being a by-law to rescind previous sanitary sewer use by-laws
and to regulate the use of public and private sanitary
sewers and service pipes, the installation and connection
of building sanitary service pipes; the discharge of waters
and wastes into a municipal sanitary sewer system
and to provide penalties for violations thereof;
WHEREAS Section 8 of the Municipal Act, S.O. 2001, c.25 provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority;
AND WHEREAS Section 9 of the Municipal Act, 2001 provides that Section 8 & 11 of the
Act 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;
AND WHEREAS the Council of the Corporation of The Township of Tay deems it
advisable to provide a by-law which regulates the disposal of sewage and other wastes
within the said Municipality.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
TAY ENACTS AND BE IT ENACTED AS FOLLOWS:
1.0
DEFINITIONS:
In this by-law,
"B.O.D." means Denoting Biochemical Oxygen Demand in the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure in five days at 20 degrees Celsius, expressed in milligrams per litre by
weight;
"Building Sanitary Sewer" means that part of the drainage piping Service Pipe
that connects a building drain to the sanitary sewer service lateral;
"Clerk" means the Clerk of the Corporation of the Township of Tay;
"Combined Sewer" means a sewer receiving both surface runoff and sewage;
"Director" means the Township Director of Public or his designate;
"Garbage" means solid wastes from the preparation, cooking and dispensing of
food and from the handling, storage and sale of produce;
"Industrial Wastes" means the liquid wastes from industrial processes as distinct
from sanitary sewage;
"May" means permissive;
"Ministry" means the Ontario Ministry of the Environment;
"Municipality" means the Corporation of the Township of Tay;
"Natural Outlet" means any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water;
"Operator" means an operator of the Municipal Sewer System employed by the
Corporation of the Township of Tay;
By-law 2006-69
Page 2
"Owner" means the owner of land within the Township of Tay;
"Person" means and includes any individual firm, company, association,
partnership, society, incorporated company, or group, and wherever the singular is
used herein it shall also be construed as including the plural;
"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams
per litre of solution;
"Sanitary Sewer Main" means a pipe which carries sewage and in to which storm,
surface and ground waters are not intentionally admitted. and in which all owners of
abutting properties have equal rights and is controlled by the municipality;
"Sanitary Sewer Service Lateral" means the service pipe from the sanitary sewer
main to the property line and/or test fitting and which is controlled by the
Municipality;
"Sewage" means a combination of the water-carried wastes from residences,
commercial buildings, institutions and industrial establishments;
"Sewage Treatment Plant" means an arrangement of extensive devices and
structures used for treating sewage;
"Sewage Collection" means all facilities for collecting, System pumping, and
transporting sewage to the Sewage Treatment Plant;
"Shall" means mandatory;
"Storm Sewer or Drain" means a sewer which carries storm or surface waters
and drainage, but excludes untreated sewage;
"Watercourse" means a channel in which a flow of water occurs, whether
continuously or intermittently.
2.0 GENERAL PROHIBITION:
(a) The owner shall be responsible for the satisfactory installation, operation,
cleaning, repairing, replacement and maintenance of the building sanitary
sewer service pipe.
(b) The rules and regulations set out in this by-law shall govern and regulate the
operation of any system of sewage works owned by the Municipality and shall
be considered to form a part of the agreement between the Municipality and
the owner or occupant of any building in the Municipality for provision of sewage
service to such building and every such owner or occupant by receiving sewage
service from the Municipality shall be deemed to have expressed his consent to
be bound by the said rules and regulations.
(c) No person shall maliciously, willfully or negligently break, damage, destroy,
deface or tamper with any structure, appurtenance or equipment which is a part
of the Municipal sewage system.
(d) The Director or any other duly authorized employees of the Township bearing the
proper credentials and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurement, sampling and testing, in
accordance with the provisions of this By-law.
By-law 2006-69
Page 3
3.0 BUILDING SANITARY SERVICE PIPE CONNECTIONS:
No connection shall be made to the public sanitary sewer, except as follows;
(a) No connection shall be made to a Municipal Sanitary Sewer Main or Sanitary
Sewer Service Lateral without the approval of the Municipality.
(b) The Municipality shall not complete a Sanitary Sewer service connection unless
the owners plumbing has passed an inspection by the Chief Building Official.
(c) Vacant lots, which are not serviced by a sanitary sewer service lateral, shall
be provided with a sanitary sewer service lateral subject to the following
conditions:
(i) All labour and material necessary for the construction
of a sanitary sewer service lateral from the public sanitary
sewer to the street line, shall be paid for by the owner of
the dwelling which is to be provided with sewage service,
by a lump sum deposit as set out by the Municipality.
Upon payment, the property owner shall be entitled to such
installation by the Director or a person designated by him.
(ii) In the event the actual cost of the installation of such building
sanitary service pipe exceeds the amount prepaid to the
Municipality, the person applying for such installation shall
forthwith, after the completion of such installation, pay to the
Municipality the balance of such cost. Where the said costs are
not paid to the municipality by the date requested the costs will
be added to the tax roll for the property and collected in a like
manner as municipal taxes.
(iii)Nothing in this section shall relieve the owner from the obligation
of maintaining such building sanitary service pipe in accordance
with the provisions of this by-law.
(d) A connection shall be made to the public sanitary sewer system in compliance
with this by-law, and any septic tanks, cesspools, and similar private sewage
disposal facilities shall be cleaned, filled, removed or destroyed within a
period of ten (10) days after the connection has been made to the public
sanitary sewer system.
(e) No person shall cause or permit the discharge of any storm water, including
surface water, ground water, rain runoff, foundation drain or other subsurface
drainage including any unpolluted cooling water or unpolluted industrial process
water into the Sewage Works of the Municipality.
4.0
TIME FOR CONNECTIONS:
(a) The owner of any house, building or property used for human occupancy,
employment, recreation or other purpose whose property fronts on a
Municipal roadway and/or an adequate Municipal Sanitary Sewer Main is
hereby required to connect all wastewater facilities directly with a building
sanitary service pipe in accordance with the terms of this by-law.
(b) If the owner of a building fails to make a connection as required by this by-
law within nine (9) months after the municipality has sent notice to the owner by
registered mail to the owner's last known address requiring the connection
to be made, the municipality may make the connection at the expense of the
owner, and for this purpose may enter in and upon the property of the owner.
By-law 2006-69
Page 4
(c) The municipality shall have the right to make the connection as noted in
Subsection (b) of this by-law and to recover the expense by action or in like
manner as municipal taxes.
(d) Upon application by the owner, the municipality may grant an extension of not
more than two (2) years from the end of the nine (9) month period provided for
in Subsection (b) within which the connection is to be made, but not more than
two extensions may be granted in respect of any building.
5.0 USE OF PUBLIC SANITARY SEWERS:
(a) No person shall discharge or cause to be discharged, or permit illegal entry of
storm water, surface water, ground water, roof runoff, sub-surface drainage,
cooling water or unpolluted industrial process waters to any sanitary sewer,
without written permission from the Director.
Storm water and all other unpolluted drainage shall be discharged to such
sewers as are specifically designated as storm sewers, or to a natural outlet
approved by the Director. Industrial cooling water or unpolluted process
waters may be discharged, upon approval of the Director, to a storm sewer or
natural outlet.
Except as hereinafter provided, no person shall discharge or cause to be
discharged any of the following described water or wastes to any public
sanitary sewers:
(i) Any liquid or vapour having a temperature higher
than 150 degrees F;
(ii) Any water or waste which may contain more than 100
miligrams per litre by weight of fat, oil or grease;
(iii) Any gasoline, benzine, naphtha, fuel oil or other
inflammable or explosive liquid, solid or gas.
(iv) Any unground garbage;
(v) Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood,
paunch manure or any other solid or viscous
substance capable of causing obstruction to the flow
in sewers or other interferences with the proper
operation of the sewage works;
(vi) Any waters or waste having a pH lower than 5.5 or
higher than 9.5, or having any other corrosive
property capable of causing damage or hazard to
structures, equipment and personnel of the sewage
works;
(vii) Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere
with any sewage treatment process, constitute a
hazard to humans or animals, or create any hazard in
the receiving waters of the sewage treatment plant;
(viii) Any waters or wastes containing suspended solids of
such character and quantity that unusual attention
or expense is required to handle such materials at
the sewage treatment plant;
(ix) Any noxious or malodorous gas or substance capable
of creating a public nuisance.
By-law 2006-69
Page 5
(b) Where required and installed, all grease, oil and sand interceptors shall be
maintained by the owner, at his expense, in continuously efficient operation
at all times.
(c) The admission into the public sanitary sewers of any waters of wastes having
(i)
a 5-day Biochemical Oxygen Demand greater than 300 miligrams
per litre by weight, or
(ii) containing more than 350 miligrams per litre by weight of suspended
solids, or
(iii) containing any quantity of substances having the characteristics
described in Paragraph (a) hereof, or (d) having an average daily
flow greater than 2% of the average daily sewage of the Township
shall be subject to the review and approval of the Director.
Where necessary in the opinion of the Director, the owner shall provide, at his
expense, such preliminary treatment as may be necessary to
(i) reduce the Biochemical Oxygen Demand to 300 miligrams per litre
and the suspended solids to 350 miligrams per litre by weight, or
(ii)
reduce objectionable characteristics of constituents to within the
maximum limits provided for in paragraph (a) hereof, or
(iii) control the quantities and rates of discharge of such waters or wastes.
(iv) Plans, specifications and other pertinent information relating to
proposed preliminary treatment facilities shall be submitted for the
approval of the Director and no construction of such facilities
shall be commenced until said approvals are obtained in writing.
Where preliminary treatment facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory and effective operation,
by the owner, at his expense.
(d) When required by the Director, the owner of any property served by a building
sanitary sewer pipe carrying industrial wastes shall install a suitable control
manhole on the building sanitary service pipe to facilitate observation, sampling
and measurement of the wastes. Such manhole, when required, shall be
accessible and safety located and shall be constructed in accordance with plans
approved by the Director. The manhole shall be installed by the owner, at his
expense, and shall be maintained by him so as to be safe and accessible at all
times. In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in the
public sewer to the point at which the building sewer is connected. In locations
where a control manhole is not required by the Director an inspection "TEE" shall
be installed to facilitate observation, sampling and measurement of the waste.
(e) No person shall discharge to any natural outlet within the Township of Tay,
or any area within the jurisdiction of the said Township, where sanitary sewer
facilities are available, any sanitary sewage, industrial waste or polluted water.
6.0
GENERAL:
(a) That By-law 96-35 is hereby repealed immediately upon the final passage of this
By-law.
(b) This By-law shall come into force and take effect on the day of passing.
By-law 2006-69
Page 6
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
13TH DAY OF SEPTEMBER, 2006.
THE CORPORATION OF THE TOWNSHIP OF TAY
________________________________________
MAYOR
_______________________________________
CLERK