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Thunder Bay coat of arms
THE CORPORATION OF THE CITY OF THUNDER BAY
BY-LAW NUMBER BL 27/2019
A By-law for the control of Sewage and Stormwater Discharge
to the Municipal Sewers and Lands in the City of Thunder Bay.
Recitals
1.
(a) Section 8 of the Municipal Act, 2001, S.O. 2001, chapter 25, as amended (the "Act")
provides that the powers of a municipality under any 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.
(b) Section 9 of the Act provides that a municipality has the capacity, rights, powers and
privileges of a natural person for the purpose of exercising its authority under the Act.
(c) Section 10 of the Act provides that a municipality may provide any service or thing that
the municipality considers necessary or desirable for the public and may pass by-laws
respecting: social and environmental well-being of the municipality; health, safety and well
being of persons; services and things that the municipality considers necessary or desirable
for the public; and protection of persons and property;
(d) Section 11 of the Act provides authority for a municipality to pass by-laws respecting
sanitary and stormwater sewage systems.
(e) Section 391 of the Act provides that a municipality may pass by-laws imposing fees or
charges on persons for services or activities provided or done by or on behalf of it;
(f) Section 425 of the Act provides authority for a municipality to create offences.
(g) Section 429 of the Act provides authority for a municipality to establish a system of fines
or offences under a by-law of a municipality passed under the Act.
(h) Section 436 of the Act authorizes a municipality to pass by-laws providing that the
municipality may enter onto land at any reasonable time for the purpose of carrying out an
inspection to determine compliance with a by-law direction, order, or licence.
(i) Section 444 of the Act provides that a municipality may make an order to require a
person to discontinue contravening a by-law and to do the work required to correct a
contravention.
Page 1
By-Law No.
(j) Council of The Corporation of the City of Thunder Bay has determined it necessary and
expedient to regulate and control the Sewage Discharge and Stormwater Drainage into
Municipal Sewers and Land Drainage Works in the City of Thunder Bay.
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY OF
THUNDER BAY ENACTS AS FOLLOWS:
SECTION 1 - DEFINITIONS
1.
In this By-law:
(a)
"Acute Hazardous Waste Chemical" has the same meaning as in Ontario
Regulation 347;
(b)
"Biochemical Oxygen Demand" means 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 (nitrogenour demand) as
determined by the appropriate procedure in Standard Methods;
(c)
"Biomedical Waste" means human anatomical waste, untreated microbiological
waste, waste sharps and untreated blood and body fluids known to contain viruses
and agents listed in "Risk Group 4" as defined in "Laboratory Biosafety
Guidelines" published by Health Canada, 1996 as amended;
(d)
"Blowdown" means 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 impair the operation of the system;
(e)
"Building Code" means O. Reg. 332/12 made pursuant to the Ontario Building
Code Act, 1992 S.O. 1992, c. 23, as amended;
(f)
"CAN/CSA B481" means grease interceptors standard which specifies material,
design and construction requirements for manufactured grease interceptors
intended to separate and collect organic fats, oils and greases from water as
amended;
(g)
"Chief Building Official" means a Chief Building Official appointed or
constituted under the Ontario Building Code Act, 1992 or his/her authorized
representative;
(h)
"City" means The Corporation of the City of Thunder Bay;
Page 2
By-Law No.
(i)
"City Engineer" means the Director of Engineering and Operations Division of
the City's Infrastructure and Operations Department or their authorized
representative;
(j)
"City's Engineering and Development Standards" means the City's current
specifications for Systems, Engineering Design Criteria, Standard Drawings,
Standard Construction Specifications and Drawings, as approved by the City and
as may be amended or any other document as required by legislation;
(k)
"Combined Sewer" means a Sewer intended to function simultaneously as a
Storm Sewer and a Sanitary Sewer;
(l)
"Composite Sample" means a volume of Sewage, Stormwater or Uncontaminated
Water made up of three or more Grab Samples that have been combined
automatically or manually and taken at regular intervals during the sampling
periods;
(m)
"Customer" means any Person who receives water, or Sewer or Stormwater or
Land Drainage services from the City and may include the Owner or occupant of
the Premise;
(n)
"Cyanide (Total)" means cyanide as determined by the appropriate procedure in
Standard Methods;
(o)
"De Minimis" means a dose of radiation to an individual of .05 millisieverts per
year; regardless of the quantity of the material or how it is used or managed;
(p)
"Discharge" when used as a verb, includes add, deposit, emit, release or leak and,
when used as a noun, includes addition, deposit, emission, release or leak, the
words Discharge, Discharged and Discharges shall have the corresponding
meanings;
(q)
"Discharger" means a Person who is the Owner, is in occupation of, or has charge,
management and control of a site that Discharges to a Sewage Works, Sewage,
Stormwater, Uncontaminated Water or any other Matter to which this By-law
applies;
(r)
"Enforcement Officer" means any Person duly authorized by the City to enforce
the provisions of this By-law;
(s)
"Environmental Protection Act" means the Environmental Protection Act,
R.S.O. 1990, c. E. 19, as amended;
(t)
"Food Waste Grinding Devices" means a device used for the purposes of
macerating or grinding garbage and/or food wastes;
Page 3
By-Law No.
(u)
"Foundation Drain" means a perforated pipe installed beneath the foundation of
a building or structure for the purpose of collecting flows from groundwater
infiltration and conveying the flows to a sump pump or gravity drainage system for
disposal on the surface of the ground or a private service connection or drainage
system for disposal in a municipal Sewer;
(v)
"Fuels" means alcohol, gasoline, naphtha, diesel fuel, fuel oil, or any other
ignitable substance intended for use as a fuel;
(w)
"Grab Sample" is a sample being taken at one particular time and place;
(x)
"Hauled Sewage" means waste removed from a Sewage system including a
cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a
portable toilet, a Sewage holding tank or any other Sewage system of a type
regulated under Part VIII of the Environmental Protection Act;
(y)
"Hauled Liquid Materials" means any Sewage, Leachate or Liquid Industrial
Waste which is transported to and deposited into the Sewage Works;
(z)
"Hauler" means a Person who transports or permits or causes the transport of
Hauled Liquid Materials and includes the Owner or an employee of the Person;
(aa)
"Hazardous Industrial Waste" has the same meaning as in Ontario Regulation
347;
(bb)
"Hazardous Waste Chemical" has the same meaning as in Ontario Regulation
347;
(cc)
"Ignitable Waste" has the same meaning as in Ontario Regulation 347;
(dd)
"Industrial" means activities pertaining to industry, manufacturing, commerce,
trade, business, or institutions, as distinguished from domestic or residential;
(ee)
"Interceptor" means a receptacle that is designed and installed to prevent food
related Oil and Grease, vehicle and equipment service Oil and Grease, sediment,
sand or other matter from passing into the Sewage Works;
(ff)
"Kjeldahl Nitrogen" means organic nitrogen as determined by the appropriate
procedure in Standard Methods;
(gg)
"Land Drainage Works" means works of any sort for the drainage of land, which
is owned by the City, including drainage channels for receiving water in its natural
flow on lands, roads and works diverting or damming the same to prevent its
overflow onto any other lands, as well as drainage channels for the conveyance of
Stormwater from any land;
Page 4
By-Law No.
(hh)
"Leachate" means the liquid containing dissolved or suspended contaminant
which emanate from solid or garbage waste and is produced by water percolating
through waste or by liquid in waste;
(ii)
"Liquid Industrial Waste" has the same meaning as in Ontario Regulation 347;
(jj)
"Matter" includes any solid, liquid or gas;
(kk)
"Ministry of Environment" means the Ontario government agency responsible
for the protection of the environment;
(ll)
"Nutrients" means any combination of Total Phosphorus and Total Kjeldahl
Nitrogen and used to determine Discharge concentration limits, Over Strength
Discharge Agreements and fees;
(mm) "Oil and Grease" means water containing Solvent Extractable Matter of animal
or vegetable origin or of mineral or synthetic origin;
(nn)
"Once-Through Cooling Water" means water which is used to reduce
temperature for the purpose of cooling which does not come into direct contact
with any material or product other than heat that has been circulated once through
the cooling device;
(oo)
"Ontario Regulation 347" means Ontario Regulation 347 RRO 1990 General -
Waste Management as amended;
(pp)
"Ontario Water Resources Act" means the Ontario Water Resources Act, R.S.O.
1990 c. O.40 as amended;
(qq)
"Operating Authority" means the Division of the City's Infrastructure and
Operations Department responsible for the Sewage Works;
(rr)
"Owner" or "Operator" means the Person having charge, management and
control of any facility or activity subject to the provisions of this By-law or any
Person who is the registered owner of property or any agent thereof, a Person
entitled to a limited estate in land, a trustee in whom land is vested, a committee of
the estate of a mentally incompetent Person who is an owner of property, an
executor of an estate which includes property, or an administrator or guardian who
has responsibility for property on behalf of an owner. The words "Owns",
"Owned", "Owning" and "Ownership" shall have corresponding meanings;
(ss)
"Pathological Waste" has the same meaning as in Ontario Regulation 347 or any
material which may be designated in writing by the Chief Medical Officer of
Health;
Page 5
By-Law No.
(tt)
"Polychlorinated Biphenyls (PCB)" means any mono-chlorinated or poly-
chlorinated biphenyl or any mixture of these or mixture that contains one or more
of them;
(uu)
"Polychlorinated Biphenyls (PCB) Waste" has the same meaning as in Ontario
Regulation 362, R.R.O. 1990 Waste Management Polychlorinated Biphenyls
(PCB)", as amended;
(vv)
"Person" includes an individual, association, partnership, corporation,
municipality, provincial or federal agency, or an agent or employee of such a
Person;
(ww) "Pesticides" has the same meaning as in The Pesticides Act, R.S.O. 1990, c. P-11,
as amended;
(xx)
"Pharmaceuticals" means a drug or medicine that is prepared or dispensed in
pharmacies and used in medical treatment;
(yy)
"Phenolic Compounds" means those derivatives of aromatic hydrocarbons which
have a hydroxyl group directly attached to the ring as determined by the appropriate
procedure in Standard Methods;
(zz)
"Phosphorus" means total Phosphorus as determined by the appropriate
procedure in Standard Methods;
(aaa)
"Premise" or premises, means a building, structure, land or lot, or any part of a
building, structure, land or lot within the City, which has a unique municipal
address;
(bbb) "Pretreatment" means treatment processes or devices, including Stormwater
treatment systems, designed to remove sufficient Matter before Discharge to the
Sewage Works to enable compliance of this By-law. Pretreatment processes or
devices prevent, dilute, neutralize, reduce and control the Discharge or deposit of
Matter from the Dischargers Premises into the Sewage Works;
(ccc)
"Reactive Waste" has the same meaning as in Ontario Regulation 347;
(ddd) "Sanitary Sewer" means a Sewer for the collection and transmission of domestic,
commercial, institutional and Industrial Sewage or any combination thereof;
(eee)
"Severely Toxic Waste" has the same meaning as in Ontario Regulation 347;
(fff)
"Sewage" means any liquid waste containing organic, inorganic, animal,
vegetable, chemical or mineral Matter in solution or in suspension, but does not
include Stormwater or Uncontaminated Water;
Page 6
By-Law No.
(ggg) "Sewage Works" means any works owned by the City for the collection,
transmission, treatment or disposal of Sewage, Stormwater or Uncontaminated
Water and includes Sanitary Sewers, Combined Sewers, Storm Sewers and Land
Drainage Works and their appurtenances but does not include plumbing or other
works to which the Building Code applies;
(hhh) "Sewer" means a pipe, conduit, drain, open channel or ditch for the collection and
transmission of Sewage, Stormwater or Uncontaminated Water or any combination
thereof;
(iii)
"Solvent Extractable Matter" of animal, vegetable, mineral or synthetic origin"
means Oil and Grease as determined by the appropriate procedure in Standard
Methods;
(jjj)
"Standard Methods" means a procedure or method set out in "Standard Methods
for the Examination of Water and Wastewater" as amended, published jointly by
the American Public Health Association, American Water Works Association and
Water Environment Federation, recent or latest edition or approval in writing by
the Operating Authority;
(kkk) "Storm Sewer" means a Sewer for the collection and transmission of
Uncontaminated Water, Stormwater, drainage from land, roads or from a
watercourse or any combination thereof excluding any portion of a Combined
Sewer Works;
(lll)
"Stormwater" means water from rainfall or other natural precipitation or from the
melting of snow or ice;
(mmm) "Suspended Solids" means insoluble Matter in liquid that is removable by
filtration, as determined by the appropriate procedure described in Standard
Methods;
(nnn) "Uncontaminated Water" means water to which no Matter has been added as a
consequence of its use, with a level of quality which is typical of potable water
supplied by the City;
(ooo) "Waste Disposal Site Leachate" means the liquid containing dissolved or
suspended contaminants which emanates from solid waste at the Waste Disposal
Site and is produced by water percolating through waste or by liquid in waste;
(ppp) "Waste Radioactive Materials" means substances defined in the federal Nuclear
Safety and Control Act and the regulations passed thereunder, as amended;
(qqq) "Waste Transportation System" means those facilities, equipment and
operations that are involved in transporting waste beyond the boundaries of a site
or from site to site; and
Page 7
By-Law No.
(rrr)
"Watercourse" means an open channel, ditch or depression, either natural or
artificial, in which flow of water occurs either continuously or intermittently.
SECTION 2 - DISCHARGES TO SANITARY AND COMBINED SEWERS
2.1
(a) No Person shall permit, cause, or Discharge, any Matter which may be or may
become:
(i)
a health or safety hazard to a Person;
(ii)
harmful to the Sewage Works;
(iii)
acontravention under the Ontario Water Resources Act or the
Environmental Protection Act;
(iv)
a hazard to any Person, animal, property or environment;
(v)
an obstruction, restriction, impairment, interference or cause damage to any
of the Sewage Works;
(vi)
or which may cause the sludge from Sewage Works to fail to meet the
criteria relating to contaminants for spreading the sludge on agricultural
lands under guidelines for the utilization of biosolids and other wastes,
issued by the Ontario Government unless the Person has been advisedin
writingbytheOperating Authority that the sludge from the Sewage Works
will never be used on agricultural lands; and
(b)
No Person shall permit, cause, or Discharge , any of the following Matter:
(vii) Solid or viscous substances in quantities or of such size as to be capable of
causing interference with the flow or partial obstruction to the flow in a
Sewer, including but not limited to ashes, bones, cinders, sand, mud, straw,
shavings, metal, glass, rags, grain, feathers, tar, plastics, wood, unground
or ground garbage or food waste, animal guts or tissues, paunch manure,
and whole blood;
(viii) Sewage that may cause an offensive odour to emanate from a Sewage
Works, and without limiting the generality of the foregoing, Sewage
containing hydrogen sulphide, carbon disulphide, other reduced sulphur
compounds, amines or ammonia in such quantity that may cause an
offensive odour;
(ix)
Except in the case of Discharge into a Combined Sewer, Stormwater, water
from drainage of roofs or land, Foundation Drains, water from a
watercourse or Uncontaminated Water;
Page 8
By-Law No.
(x)
Sewage or water other than Stormwater that has originated from a source
separate from the water distribution system of the City unless the Owner or
Operator has entered into a Discharge agreement as prescribed by the
Operating Authority and the Discharge is in accordance to this By-law and
complies fully with the terms and conditions of the agreement ;
(xi)
SewageorUncontaminatedWateratatemperature greater than 65 degrees
Celsius;
(xii) Sewage having a pH less than 5.5 or greater than 10.5;
(xiii) Sewage containing more than 15 milligrams per litre of Oil and Grease of
mineral or synthetic origin;
(xiv) Sewage containing more than 150 milligrams per litre of Oil and Grease of
animal or vegetable origin;
(xv) Sewage in which the Biochemical Oxygen Demand exceeds 300 milligrams
per litre;
(xvi) Sewage containing more than 350 milligrams per litre of Suspended Solids
(total);
(xvii) Sewage containing more than 10 milligrams per litre of Phosphorus (total);
(xviii) Sewage containing more than 100 milligrams per litre of Kjeldahl Nitrogen
(total);
(xix) Sewage containing more than 1 milligram per litre of Phenolic
Compounds;
(xx) Sewage which consists of two or more separate liquid layers;
(xxi) Sewage containing dyes or colouring materials which pass through a
Sewage Works and discolour the Sewage;
(xxii) Discharging any waste material from any Food Waste Grinding Device
from entering the Sewage Works;
(xxiii) Sewage containing any of the following in excess of the indicated
concentrations;
1500 milligrams/litre
Chlorides (total) expressed as Cl.
Sulphates (total) expressed as S04.
50 milligrams/litre
Aluminum (total) expressed as Al.
Page 9
By-Law No.
Iron (total) expressed as Fe.
10 milligrams/litre
Fluorides (total) expressed as F.
5 milligrams/litre
Antimony (total) expressed as Sb.
Bismuth (total) expressed as Bi.
Chromium (total) expressed as Cr.
Cobalt (total) expressed as Co.
Lead (total) expressed as Pb.
Manganese (total) expressed as Mn.
Molybdenum (total) expressed as Mo.
Selenium (total) expressed as Se.
Silver (total) expressed as Ag.
Tin (total) expressed as Sn.
Titanium (total) expressed as Ti.
Vanadium(total) expressed as V.
3 milligrams/litre
Copper (total) expressed as Cu.
Nickel (total) expressed as Ni.
Zinc (total) expressed as Zn.
2 milligrams/litre
Cyanide (total) expressed as CN.
1 milligram/litre
Arsenic (total) expressed as As.
Cadmium (total) expressed as Cd.
0.1 milligrams/litre
Mercury (total) expressed as Hg.
(xxiv) The following Matter containing any of the following in any amount;
Fuels.
Polychlorinated Biphenyls (PCB).
Pesticides.
Pharmaceuticals .
Severely Toxic Waste.
Page 10
By-Law No.
Waste Radioactive Materials.
(xxv) The following materials or Sewage containing any of the following in any
amount;
Hauled Sewage.
Waste Disposal Site Leachate.
(xxvi) The following hazardous wastes in any amount;
Acute Hazardous Waste Chemicals.
Biomedical Wastes.
Hazardous Industrial Wastes.
Hazardous Waste Chemicals.
Ignitable Wastes.
Pathological Wastes.
Polychlorinated Biphenyls (PCB).
Reactive Wastes.
2.2
No Person shall permit or cause the Discharge or deposit of Sewage directly or indirectly
into a Sanitary Sewer or Combined Sewer where water, Stormwater, chemical, agent or
additive has been added to the Discharge for the purposes of dilution to achieve
compliance to this By-law.
2.3
Subsection 2.1 (b)(x) does not apply to prevent the Discharge of:
(a)
Water taken in an amount greater than 50,000 litres per day from a separate source
when the Owner or Operator of the Premises has a Permit To Take Water issued by
the MinistryoftheEnvironment and acopyofsuchpermit has been provided to the
Operating Authority. The Owner or Operator of the Premises has entered into a
Discharge agreement as prescribed by the Operating Authority. The Discharge is
in accordance to this By-law, fully complies with the terms and conditions of the
agreement and has provided the Operating Authority with the following:
(i)
Address of Premises where the water is being used;
(ii) Location of the water source;
(iii) Volume of water being Discharged; and
(iv) Information on the Discharge that would enable the Operating Authority to
assess whether the Discharge is in accordance to this By-law.
(b)
Water taken in an amount less than 50,000 litres per day from a separate source
when the Owner or Operator of the Premises has entered into a Discharge
agreement as prescribed by the Operating Authority, the Discharge is in accordance
to this By-law, fully complies to the terms and conditions of the agreement and has
provided the Operating Authority with the following:
Page 11
By-Law No.
(i)
Address of Premises where the water is being used;
(ii) Location of the water source;
(iii) Volume of water being Discharged; and
(iv) Information on the Discharge that would enable the Operating Authority to
assess whether the Discharge is in accordance to this By-law.
2.4
Subsection 2.1 (b)(xxiv) does not apply to prevent the Discharge of De Minimus waste
or the Discharge of Waste Radioactive Materials where they are being Discharged in
accordance with a licence issued by the Atomic Energy Control Board and a copy of the
licence has been provided to the Operating Authority.
2.5
Subsection 2.1 (b)(xxv) does not apply to prevent the Discharge of Waste Disposal Site
Leachate when:
(a)
the Waste Disposal Site Leachate is being Discharged pursuant to a certificate of
approval, environmental compliance approval or order relating to the Premises
under the Environmental Protection Act or the Ontario Water Resources Act which
expressly allows the Discharge and a copy of the approval or order has been provided
to the Operating Authority; and
(b)
the Owner or Operator of the Premises has a Discharge agreement in a form
prescribed by and the Discharge is in accordance to this By-law and complies fully
with the terms and conditions of the agreement.
2.6
Subsection 2.1 (b) (xxv) does not apply to prevent the Discharge of Sewage or Hauled
Sewage when:
(a)
theHauler oftheHauled Sewagehas aWaste Transportation System operating under
a license issued under Part VIII of the Environmental Protection Act;
(b)
the Hauler has a valid Hauled Sewage management agreement in a form prescribed
by the Operating Authority to Discharge Hauled Sewage and the Discharge is in
accordance to this By-law and complies fully with the terms and conditions of the
agreement;
(c)
Hauled Sewage is being Discharged from a recreational vehicle at an approved
location; and
(d)
The Hauler, Owner or Operator has a Discharge agreement in a form prescribed by
the Operating Authority and the Discharge is in accordance to this By-law and
complies fully with the terms and conditions of the agreement.
2.7
Subsection 2.1 (b) (xxvi) does not apply to prevent the Discharge of Biomedical Waste
that has been decontaminated prior to Discharge when:
Page 12
By-Law No.
(e)
the Biomedical Waste has been Discharged in accordance with the Ontario
Ministry of Environment Guideline C-4 entitled "The Management of Biomedical
Waste in Ontario", as amended; and
(f)
any human blood and body fluids known to contain viruses and agents in listed
"Risk Group 4" as defined in "Laboratory Biosafety Guidelines" published by
Health and Welfare Canada, as amended, are decontaminated prior to discharge.
2.8
No Person shall install, replace, operate, or otherwise use any devices used for the
purposes of macerating or grinding garbage and/or food wastes at a Premise from
which the effluent could Discharge into the Sewage Works.
SECTION 3 - DISCHARGES TO STORM SEWERS AND LAND DRAINAGE
WORKS
3.1
No Person shall permit, cause or Discharge Matter to Storm Sewers or the Land Drainage
Works. It is prohibited to add any Matter of any type at any time to Storm Sewers or
Land Drainage Works and, in particular:
(a) Matter ofanytype,atanytemperature,inany quantity which may:
(i) interfere with the proper operation of a Storm Sewer or Land Drainage
Works;
(ii) obstruct or restrict or damage a Storm Sewer, or Land Drainage Works or the
flow therein;
(iii) result in a hazard to any Person, animal, property or the environment;
(iv) impair the quality of the water in any well, aquifer, lake, river, pond, spring,
stream, reservoir or other water or Watercourse;
(v) result in an offence or the contravention of an approval, requirement,
direction or other order under the Ontario Water Resources Act, the
Environmental Protection Act or the Fisheries Act; and
(vi) be non-compliant with a development agreement, Building Code or the City's
Engineering and Development Standards.
(b) No Person shall permit, cause or Discharge the following kind of Matter:
(i) water at a temperature greater than 40 degrees Celsius;
(ii) water having a pH less than 6.0 or greater than 10.0;
(iii) water containing more than 15 milligrams per litre of Suspended Solids
(total);
Page 13
By-Law No.
(iv) water containing material which discolours the water;
(v) water containing Oil and Grease or water which causes a visible film, sheen
or two or more separate layers;
(vi) water containing any of the following in excess of the indicated
concentrations:
200 micrograms/litre
Chromium (total) expressed as Cr.
50 micrograms/litre
Lead (total) expressed as Pb.
Nickel (total) expressed as Ni.
Zinc (total) expressed as Zn.
10 micrograms/litre
Copper (total) expressed as Cu.
1 microgram/litre
Cadmium (total) expressed as Cd.
Mercury expressed as Hg.
200 organisms per 100 millilitres
Fecal coliforms.
(vii)
the following Matter in any amount:
Blowdown.
Combustible Liquids.
Floating Debris.
Fuels.
Hauled Liquid Materials.
Oils and Greases.
Once-through cooling water.
Paints and Organic Solvents.
Polychlorinated Biphenyls (PCB).
Pesticides and Herbicides.
Severely Toxic Waste.
Sewage.
Waste Disposal Site Leachate.
Waste Radioactive Materials.
Water from Dewatering Activities.
(viii) the following hazardous wastes in any amount:
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By-Law No.
Acute Hazardous Waste Chemicals.
Hazardous Industrial Wastes.
Hazardous Waste Chemicals.
Ignitable Wastes.
Pathological Wastes.
Polychlorinated Biphenyls (PCB) Wastes.
Reactive Wastes
3.2
The provisions of Subsection 3.1 (b) apply only to,
(a) the Discharge of Stormwater runoff to a Storm Sewer or Land Drainage Works; and
(b) any Stormwater or Land Drainage Works Discharge to which the Matter prohibited
by Subsection 3.1 has been added for the purpose of disposing of the Matter or due
to activities or storage of materials on their Premises which result in runoff that is
non-compliant to this By-law.
3.3
The provisions of Subsections 3.1 (b) (iii), (iv), (v) and (vi) do not apply to prevent the
Discharge of Stormwater runoff to a Storm Sewer or Land Drainage Works when:
(a) the Owner or Operator of the Premises has a certificate of approval,
environmental certificate approval or order relating to the Premises under the
Environmental Protection Act or the Ontario Water Resources Act which expressly
allows the Discharge and a copy of the certificate of approval, environmental
certificate approval or order has been provided to the Operating Authority; and
(b) the Owner or Operator of the Premises has written approval from the Operating
Authority which expressly authorizes the Discharge from the Premises.
3.4
Subsection 3.1 (b) (vii) 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, environmental certificate approval or order relating to the
Premises under the Environmental Protection Act or the Ontario Water Resources
Act which expressly allows the Discharge and copy of the certificate of approval,
environmental certificate approval or order has been provided to the Operating
Authority; and
(b) the Owner or Operator of the Premises has written approval from the
Operating Authority which expressly authorizes the Discharge from the
Premises.
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By-Law No.
3.5
No person shall permit, cause or install a direct connection from any roof leader, eaves
trough, down spout, Foundation Drain or sump pump to the Land Drainage Works. The
Owner or Operator of the Premise must not Discharge no further than to their property
line.
3.6
No Person shall permit, cause or Discharge directly or indirectly into a Storm Sewer or
Land Drainage Works where water has been added to the Discharge for the purposes of
dilution to achieve compliance to this By-law.
3.7
The provisions of Subsection 6.6 apply to the Discharge of swimming pools and hot
tubs.
SECTION 4 - OVER STRENGTH DISCHARGE AGREEMENTS
4.1
The Discharge of Sewage that would otherwise be prohibited under this By-law may be
allowed pursuant to a Discharge agreement in a form prescribed by the Operating
Authority under such terms and conditions as may be indicated. A Discharge agreement
may be entered into for Discharge of the following Matter within parameters established
in Section 2.1(b): Total Suspended Solids, Biochemical Oxygen Demand, and Nutrients
(Total Phosphorus and Total Kjeldahl Nitrogen):
(a) At the discretion of the Operating Authority, a Discharge agreement of otherwise
prohibited Matter shall be in a form prescribed by the Operating Authority
4.2
The Operating Authority may authorize a temporary sanitary sewer use and over
strength discharge agreement (for a mutually agreed upon time) with a Discharger to
permit exceedances. The Discharge agreement will be in a form prescribed by the
Operating Authority to temporarily Discharge Sewage and must comply fully with the
terms and conditions as may be imposed within the Discharge agreement and the
Discharge is in accordance to this By-law. A one-time administrative compliance
program fee and a Discharge agreement fee will be applied in addition to any
applicable disposal fee as set out in the schedule of fees in the user fee By-law which
shall remain the responsibility of the Owner or Operator who requires a Discharge
Agreement. over strength charges will apply for any one or more of the following
parameters as listed below, where Sewage is Discharged to a Sanitary or Combined
Sewer:
(a) Biochemical Oxygen Demand
(b) Nutrients (Total Phosphorus and Total Kjeldahl Nitrogen)
(c) Total Suspended Solids
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By-Law No.
4.3
An annual fee and over strength Discharge agreement fee will be applied to Sewage
wastes that exceed the limits set out in Subsection 2.1 b (xv), (xvi), (xvii) and (xviii).
The over strength Discharge agreement fee will be billed monthly or a period mutually
agreed upon by the Operating Authority and Discharger and determined by the
following calculation: Formula to determine discharge agreement fee
C = Over Strength discharge fee in dollars
Q = total flow of Sewage Discharged during the billing period in cubic metres
Rᵢ = excess cost of treatment per cubic metres in dollars
Rn = operating cost of sewage treatment plant in dollars per cubic metre (based on the
last three year average)
fs = cost allocation factor for Total Suspended Solids (TSS) = 0.33
fB = cost allocation factor for Biochemical Oxygen Demand (BOD) = 0.33
fp
= cost allocation factor for Total Phosphorus (TP) = 0.33
Si = measured average TSS concentration in mg/l of Sewage Discharged per billing
period
Bi = measured average BOD concentration in mg/l of Sewage Discharged per billing
period
Pi = measured average TP concentration in mg/l of Sewage Discharged per billing
period
Sn = By-law limit for TSS
Bn = By-law limit for BOD
Pn = By-law limit for TP
4.4
The Operating Authority can apply a pollution prevention control plan fee to
Dischargers who do not make an attempt to reduce their over strength concentrations.
The charges for pollution prevention control plan fees are set out in the schedule of fees
in the user fee By-law and shall remain the responsibility of the Owner or Operator who
requires an over strength Discharge agreement.
4.5
If the Owner or Operator enters into a Discharge agreement, the agreement may be
terminated at any time by the Operating Authority upon providing the Owner or
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By-Law No.
Operator with written notice to this effect at least 30 days before termination of the
agreement is to take effect.
4.6
Any non-compliance with the terms and conditions of the agreement or to this By-law
shall constitute default and will result in an immediate termination of the agreement and
any continuing Discharge shall be considered to be non-compliant with the terms of this
By-law.
4.7
The Discharge agreement may be terminated with immediate effect by the Operating
Authority by written notice provide at any time where there is an imminent threat or
danger to any Person, the Sewage Works, property, animal life, or environment.
4.8
If there is a change in the Owner or Operator of the Premise or there is a change in
contact information, name of company, company location or the manner of Discharge,
the Person who entered into the agreement shall notify the Operating Authority in
writing, within 10 calendar days of the occurrence.
SECTION 5 - SAMPLING AND ANALYSIS
5.1
Where a sample is required for the purpose of determining the characteristics or contents
of the Sewage, Uncontaminated Water or Stormwater to which reference is made in this
By-law;
(a) One sample alone is sufficient and the sample may be a Grab Sample or a
Composite Sample which may contain additives for its preservation and may be
collected manually or by using an automatic sampling device;
(b) Except as otherwise expressly provided in this By-law, all tests, measurements,
analyses and examinations of Sewage, Uncontaminated Water and Stormwater,
shall be carried out in accordance with Standard Methods;
(c) Where appropriate, the Operating Authority may require that, the analysis for each
one of the following Matter whose concentrations limits are listed in Sections
2.1(b) and 3.1(b) be performed at an accredited lab. The analysis of metals shall be
for the quantity of total metal, which includes all metal both dissolved and
particulate metal; and
(d) Costs for collecting, testing, analyzing, measuring or examining samples shall be
at the expense of the Owner and Operator of the Premises.
SECTION 6 - SPILLS
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6.1
In the event of a spill to the Sewage Works, the Person responsible or the Person having
the charge, management and control of the spill shall immediately notify the Operating
Authority and provide any information with regard to the spill that may be requested.
6.2
The Person having the charge, management and control of the spill shall provide a
detailed report to the Operating Authority, within five business days after the spill
containing the following information:
(a)
name and Owner of the Premise;
(b)
the address of the location of spill;
(c)
name of the Person reporting the spill, the Person in charge of the spill, the Person
responsible for the spill and telephone number where they can be reached;
(d)
date, time and duration of the spill;
(e)
description of material, chemical composition and volume of material Discharged
and any associated hazards;
(f)
corrective actions taken to mitigate the spill; and
(g)
preventative actions taken to ensure a similar spill does not occur again.
6.3
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 so as to restore the affected area to its
condition prior to the spill.
6.4
The Person responsible for the spill or the Person having the charge, management and
control of the spill shall also notify other government agencies, including federal and
provincial as required and appropriate for the material and circumstances of the spill.
6.5
All costs incurred by the Operating Authority as a result of such spill or Discharge shall
be borne jointly by the Person responsible for the spill and the Owner of the Premise.
6.6
No Person shall permit or cause the Discharge from swimming pools, or hot tub unless
the Discharge has been neutralized, disinfected, and flows directly into a Storm Sewer
or Land Drainage Works. These flows shall not go onto adjoining property, cause public
health and safety risks, damage property, impair the environment or interfere with the
proper operation of the Storm Sewer or Land Drainage Works. If the Discharge is
transported away it must be done by a licenced waste Hauler, be neutralized and
disinfected, before being Discharged at an approved location.
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SECTION 7 - MONITORING, INSPECTIONS, AND ACCESS
7.1
For the purpose of the administration of this By-law, a Person appointed by the City
may, upon production of identification, enter any Premises on which the City supplies
Sewage, Stormwater or Land Drainage Works services, to inspect, observe, investigate,
install metering equipment, conduct tests, measure the flow of Sewage, Stormwater or
Uncontaminated Water to any Sewer Works and to collect any sample as required.
7.2
No Person shall prevent, hinder, obstruct or interfere in any way the access to Premises
or entry to land to investigate or determine compliance with this By-law, an order, or
condition to any Discharge agreement.
7.3
No Person shall break, damage, destroy, deface, obstruct or tamper or permit or cause
the breaking, damaging, destroying, defacing, obstruction or tampering with:
(a)
any part of a Sewage Works; or
(b)
any permanent or temporary device installed in a Sewage Works for the purpose
of measuring, sampling and testing of.
7.4
The Owner or Operator of Industrial Premises with one or more connections to a
Sewage Works shall:
(a)
Install and maintain in good repair in each connection a manhole or suitable
monitoring access point to allow for observation, sampling and flow
measurement;
(b)
have the monitoring access point located on the Premise, be constructed in
accordance to the Building Code, the City's Engineering and Development
Standards and shall be constructed and maintained at the Owners expense;
(c)
at all times ensure that every manhole, device or Pretreatment facility be
accessible for the purposes of observing, measuring flow, and sampling; and
(d)
submit reports as requested to the Operating Authority regarding the Discharges to
the Sewer, Stormwater or Land Drainage Works.
SECTION 8 - HAULED LIQUID MATERIALS
HAULED LIQUID MATERIALS
No Person shall permit, cause or Discharge Hauled Sewage, Liquid Industrial Waste or Leachate to
the Sanitary Sewer unless:
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8.1
The Hauler operating as a waste transportation system has a certificate of approval,
environmental compliance approval or a provisional certificate of approval or is exempt
from the requirement to have a certificate or environmental compliance approval or
provisional certificate of approval under the Environmental Protection Act;
(a)
A copy of the most recent certificate of approval or environmental compliance
approval, or provisional certificate and any amendments are provided to the
Operating Authority;
(b)
The Hauler meets all terms and conditions for Discharge as set out in a "Hauled
Sewage management agreement" that is or may be set by the Operating Authority
with respect to the Hauled Sewage; and
(c)
Hauled Sewage meet the conditions set out in Section 2.1 of this By-law as
amended.
8.2
No Person shall permit, cause or Discharge any Hauled Liquid Materials at a location
other than a location approved by the Operating Authority.
8.3
The Hauler of the Hauled Liquid Material must abide by the terms and conditions set
out in the Hauled Sewage management agreement or if determined a Discharge
Agreement in a form prescribed by the Operating Authority and submit prior to disposal
a hauled waste tracking form or form prescribed by the Operating Authority signed by
the Hauler, deposited in an approved location and a sample has been provided.
8.4
An annual prescribed Agreement fee will be applied in addition to a disposal fee. over
strength Discharge fees will be applied to Hauled Liquid Materials which exceed the
limits established in this By-law.
8.5
Only Sewage of human origin, non-hazardous Liquid Industrial Waste, Leachate, grey
water, Uncontaminated Water and Stormwater origin will be accepted as per
requirements of the Operating Authority and this By-law.
8.6
Any non-compliance issues with the terms and conditions of the agreement will result in
an immediate termination of the agreement and any Discharge shall be considered to be
non-compliant to this By-law.
SECTION 9 - INTERCEPTORS AND DEVICES
FOOD RELATED OIL AND GREASE INTERCEPTORS
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By-Law No.
9.1
Every Discharger whose site is, or contains, a restaurant or other Industrial Premises
where food is cooked, processed or prepared shall take all necessary measures to ensure
that Oil and Grease are prevented from discharging to:
(a)
a Sanitary Sewer in excess of the limits in Section 2.1 of this By-law; and
(b)
a Storm Sewer or Land Drainage Works.
9.2
A Discharger to whom this Section applies shall install, operate, and properly maintain,
in accordance with the requirements of this Section, an Oil and Grease Interceptor in any
piping system at its site that connects directly or indirectly to the Sewage Works.
9.3
The installation and operation of each Oil and Grease Interceptor shall:
(a)
be in compliance with the most current requirements of the Building Code;
(b)
be in accordance with the requirements of the Canadian Standards Association
national standard CAN/CSA B481;
(c)
be
maintained
in
accordance
with
the
manufacturers
guidance
and
recommendations;
(d)
be inspected to ensure performance is maintained and to ensure the surface oil,
grease and sediment levels do not exceed the recommended level; and
(e)
have the maintenance requirements posted at the site in a conspicuous
location
in proximity to the Oil and Grease Interceptor.
9.4
The Discharger must keep documentation of proof of Interceptor clean-out and Oil Grease
disposal at the site for a minimum of two years and shall ensure all Oil and Grease
Interceptors are maintained in good working order. The Discharger must provide the
maintenance schedule and record of maintenance for each Oil and Grease Interceptor to
an Enforcement Officer upon request and, upon request, a copy shall be provided to an
Enforcement Officer in the manner and format requested at no charge to the Operating
Authority.
9.5
Where a Discharger fails to adequately maintain the Oil and Grease Interceptor to the
satisfaction of the Operating Authority, the Operating Authority may require that an
alarmed monitoring device or such other device as may be prescribed by the Operating
Authority to be installed, at the expense of the Discharger, in accordance with
specifications of CAN/CSA B481.
9.6
No Discharger shall permit, cause or Discharge of an emulsifier to the Sewage Works
through an interceptor.
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By-Law No.
9.7
No Discharger shall permit or cause the use of enzymes, bacteria, solvents, hot water or
other agents to facilitate the passage of Oil and Grease through an Interceptor.
VEHICLE AND EQUIPMENT SERVICE OIL AND GREASE INTERCEPTORS
9.8
Every Discharger whose site is, or contains, a vehicle or equipment service station, repair
shop, garage or other Industrial Premises where motor vehicles are repaired, lubricated,
washed or maintained shall take all necessary measures to ensure that Oil and Grease are
prevented from discharging to:
(a)
a Sanitary Sewer in excess of the limits as set out in Section 2.1 of this
By-law; and
(b)
Storm Sewer or Land Drainage Works.
9.9
A Discharger to whom this Section applies shall install, operate and properly maintain, in
accordance with the requirements of this Section, an Oil and Grease Interceptor in any
piping system at its site that connects directly or indirectly to the Sewage Works.
9.10
The installation and operation of each Oil and Grease Interceptor shall:
(a)
be in compliance with the most current requirements of the Building Code;
(b)
be maintained as recommended by the Canadian Petroleum Products Institute
(CPPI);
(c)
be maintained in accordance with the manufacturer's
guidance and
recommendations;
(d)
be inspected to ensure performance is maintained and to ensure the surface oil,
grease and sediment levels do not exceed the recommended level; and
(e)
have the maintenance requirements posted at the site in a conspicuous location in
proximity to the Oil and Grease Interceptor.
9.11
The Discharger must keep documentation of proof of Interceptor clean-out and Oil and
Grease disposal at the site for a minimum of two years and shall ensure all Oil and Grease
Interceptors are maintained in good working order. The Discharger must provide the
maintenance schedule and record of maintenance for each Oil and Grease Interceptor to
an Enforcement Officer upon request and, upon request, a copy shall be provided to an
Enforcement Officer in the manner and format requested at no charge to the Operating
Authority.
9.12
Where a Discharger fails to adequately maintain the Oil and Grease Interceptor to the
satisfaction of the Operating Authority, the Operating Authority may require that an
alarmed monitoring device or such other device as may be prescribed by the Operating
Authority to be installed at the expense of the Discharger.
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By-Law No.
9.13
No Discharger shall permit, cause, or Discharge an emulsifier to a Sewage Works through
an interceptor.
9.14
No Discharger shall permit, cause, or Discharge the use of enzymes, bacteria, solvents,
hot water or other agents to facilitate the passage of Oil and Grease through an Interceptor.
SEDIMENT INTERCEPTORS
9.15
Every Discharger whose site may Discharge Stormwater to the Sewage, Stormwater or
Land Drainage Works where there exists a sediment Interceptor including but not limited
to sites using catch basins, ramp or area drains, vehicle wash establishments, bio retention
structures, debris barriers, ponds and oil grit separators or any other Stormwater treatment
system shall take all the necessary measures to ensure that sediments are prevented from
discharging to:
(a)
Sanitary Sewer in excess of the limits as set out in Section 2.1 of this By-law; and,
(b)
Storm Sewer or Land Drainage Works in excess of the limits as set out in Section
3 of this By-law.
9.16
A Discharger to whom this Section applies shall install, operate and properly maintain, in
accordance with the requirements of this Section, a sediment Interceptor in any piping
system at its site that connects directly or indirectly to the Sewage or Land Drainage
Works.
9.17
The Discharger shall ensure that all sediment Interceptors are maintained in good working
order, including the requirements that every sediment Interceptor shall:
(a)
be installed in compliance with the most current requirements of the Building Code;
(b)
be in accordance with the most current requirements of the City's Engineering and
Design Standards and the Ministry of Environment guidelines for the Design of
Sewer Works or for Stormwater Management Planning as amended when
applicable;
(c)
be maintained in accordance with the manufacturer's
guidance and
recommendations;
(d)
be inspected to ensure performance is maintained and to ensure the sediment levels
do not exceed the manufacturer's recommended level.
9.18
The Discharger must keep documentation of proof of Interceptor clean-out and sediment
disposal at the site for a minimum of two years and shall ensure all sediment Interceptors
are maintained in good working order. The Discharger must provide the maintenance
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By-Law No.
schedule and record of maintenance for each sediment Interceptor to an Enforcement
Officer upon request and, upon request, a copy shall be provided to an Enforcement
Officer in the manner and format requested at no charge to the Operating Authority.
9.19
Improperly maintained sediment Interceptors will be considered non-compliant to this
By-law.
DENTAL WASTE AMALGAM SEPARATORS
9.20
Every Owner or Operator whose site is, or contains, a dental waste amalgam separator
shall take all the necessary measures to ensure that the separator is prevented from
Discharging to:
(a)
a Sanitary Sewer in excess of the limits in Section 2.1 of this By-law; and
(b)
a Storm Sewer or Land Drainage Works.
9.21
A Discharger to whom this Section applies shall install, operate and properly maintain, in
accordance with the requirements of this Section, a dental amalgam separator in any
piping system at its site that connects directly or indirectly to the Sewage Works.
9.22
The installation and operation of each dental amalgam separator shall,
(a)
be in compliance with the most current requirements of the Building Code;
(b)
be in accordance to the Dentistry Act; and certified ISCO 11143 Dental Equipment:
Amalgam Separators;
(c)
be maintained in accordance with the manufacturer's
guidance and
recommendations;
(d)
be inspected to ensure performance is maintained and to ensure the removal
efficiency meets the manufacturer's recommended level; and
(e)
have the maintenance requirements posted at the site in a conspicuous location in
proximity to the separator.
9.23
The Discharger shall ensure all amalgam separators are maintained in good working
order. The Discharger must provide the maintenance schedule and record of maintenance
for each amalgam separator to an Enforcement Officer upon request and, upon request, a
copy shall be provided to an Enforcement Officer in the manner and format requested at
no charge to the Operating Authority, and must keep documentation of proof of separator
clean-out and amalgam disposal at the site for a minimum of two years.
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By-Law No.
9.24
Improperly maintained dental waste amalgam separators will be considered non-
compliant to this By-law.
FOOD WASTE GRINDING DEVICES
9.25
No Person shall install, repair, replace or operate any Food Waste Grinding Device within
the City from which the effluent from that device will Discharge into the Sewage Works.
9.26
Any Food Grinding Devices that are in operation and Discharges to the Sewage Works
will be non-compliant to this By-law and must be removed.
9.27
Any costs associated with the removal shall be at the expense of the Owner or Operator
of the Premise.
9.28
In the event that accumulations of solid wastes are detected in a Sewer and such
accumulations are being caused by the Food Grinding Device the Sewer will be cleaned
at the expense of the Owner or Operator of the Premise.
PRETREATMENT FACILITIES AND DEVICES
9.29
Where required by the Operating Authority to satisfy the provisions of this By-law, the
Owner or Operator shall install on the Premises, and prior to the sampling point, a Sewage
or Stormwater Pretreatment facility or device.
9.30
The Owner or Operator shall ensure that the design, operation and maintenance of the
Pretreatment facility or device have been approved by a Professional Engineer to achieve
the treatment objectives in accordance to the manufacturer's recommendations.
9.31
The Owner or Operator shall install, operate and maintain the Pretreatment facility or
device in accordance to the manufacturer's recommendations and any other rules and
regulations applicable to the facility or device.
9.32
The Owner or Operator shall ensure that any waste products from the Pretreatment facility
or device are disposed of in accordance to the applicable rules and regulations.
9.33
A maintenance schedule must be posted in a conspicuous place and maintenance records
made be kept for at least 2 years and made available to the Enforcement Officer upon
request and, upon request, a copy shall be provided to an Enforcement Officer in the
manner and format requested at no charge to the Operating Authority.
9.34
Improperly maintained Pretreatment Facilities and Devices will be considered non-
compliant to this By-law.
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By-Law No.
9.35
No Discharger shall permit, cause, or Discharge an emulsifier to a Sewage
Works
through a Pretreatment Facility or Device.
9.36
No Discharger shall permit, cause, or Discharge the use of enzymes, bacteria, solvents,
hot water or other agents to facilitate the passage of Oil and Grease through a Pretreatment
Facility or Device.
SECTION 10 - ENFORCEMENT
10.1
An Enforcement Officer or Person authorized by the Operating Authority may:
(a)
access, or require any Person being inspected to provide access, to any drain pipe,
maintenance access hole, catch-basin or other Discharge point connecting, directly
or indirectly, to the Sewage Works, Storm Sewer or Land Drainage Works whether
owned privately or by the City including by making or requiring necessary
excavations;
(b)
require that anything be operated, used or set in motion under conditions specified
by an Enforcement Officer;
(c)
inspect, sample, collect, test or measure any substance, thing, parameter or
Discharge, and install, test, use, read and maintain any equipment or device for such
purpose;
(d)
make and record observations, such as by taking photographs, notes, video
recordings and sound recordings;
(e)
require any Person to respond to inquiries, whether orally or in writing, concerning
any issues related to an inspection under this By-law;
(f)
require any Person to produce for inspection any documents or things relevant to
the inspection;
(g)
inspect and remove documents or things relevant to the inspection for the purpose
of making copies or extracts;
(h)
do such other things that are reasonably necessary for an Enforcement Officer to
effectively carry out the inspection.
10.2
A demand by an Enforcement Officer or Person authorized by the Operating Authority to
respond to inquiries under this By-law may be made by telephone, letter or e-mail and
such demand shall be deemed to be made in the course of an inspection.
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By-Law No.
10.3
No Person shall refuse or neglect to give, produce or deliver any access, information,
document or other thing that is requested by an Enforcement Officer or Person authorized
by the Operating Authority carrying out an inspection, or knowingly provides false
information or willingly withholds information for any requirement under this By-law.
10.4
No Person shall hinder or obstruct or attempt to hinder or obstruct the City, its
Enforcement Officers, employees or agents of the Operating Authority from carrying out
any powers or duties under this By-law.
10.5
Any Person who contravenes any provision of this By-law is subject to having
their
Sewer or water service discontinued.
10.6
Where it is determined that an immediate threat exists that may endanger public health
and safety, the environment or the Sewage Works the Operating Authority may authorize
the discontinuance of the Sewer or water service to the Premise without any prior notice.
10.7
In addition to any penalty or remedies available pursuant to this By-law, any Person who
violates any provisions of this By-law shall remain liable for all damages occasioned by
their actions or non-action.
10.8
The provisions of this By-law may be enforced by any Person authorized for this purpose
including, but not limited, to an Enforcement Officer, Chief Building Official, the
Operating Authority, City Engineer or any of their authorized representatives.
10.9
Where the City becomes aware of any existing circumstances that may be contrary to this
By-law, any officials noted in Subsection 10.7 may, in their sole discretion, cause an order
to be issued to the Customer, Owner or occupant of the Premise where the non
compliance exists, requiring them to rectify the problem within a specified time period.
10.10
No particular action or proceedings for enforcement of this By-law shall preclude the City
from the right and power to exercise any other right or remedy prescribed in this By-law
or that may be available elsewhere.
SECTION 11 - OFFENCES AND PENALTIES
11.1
Any Person who contravenes any provision of this By-law is guilty of an offence and
each offence is designated as a continuing offence.
11.2
Any director or officer of a corporation who knowingly concurs in the contravention by
the corporation of any provision of this By-law is guilty of an offence.
11.3
Any Person other than a corporation, who is found guilty of an offence under this By
law, is, upon conviction, liable to a fine of not less than $250 and not more than $100,000.
11.4
Where a corporation is found guilty of an offence under this By-law, upon conviction, it
shall be liable to a fine of not less than $500 and not more than $100,000.
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By-Law No.
11.5
Despite 11.3, every Person other than a corporation, who contravenes any provision of
this By-law and every director or officer of a corporation who knowingly concurs in the
contravention by the corporation of any provision of this By-law, upon conviction, shall
be liable to a fine of not less than $500 and not more than $10,000 for each day or part
day that the offence continues and the total of all the daily fines for the offence shall not
be limited to $100,000.
11.6
Despite 11.4, if a corporation contravenes any provision of this By-law, it shall be liable
to a fine of not less than $500 and not more than $10,000 for each day or part day that the
offence continues and the total of all the daily fines for the offence shall not be limited to
$100,000.
11.7
In addition to any other fine, every Person, and every director or officer of a corporation
who knowingly concurs in a contravention by the corporation of any provision of this By
law, who gains an economic advantage or economic gain from contravening this By-law,
shall be liable to a special fine in an amount equal to the fair market value of the economic
advantage or economic gain so obtained from such contravention. A special fine may
exceed $100,000.
11.8
In addition to any other remedy and to any penalty imposed by this By-law, any court of
competent jurisdiction may make an order prohibiting the continuation or repetition of
the offence by the Person.
11.9
Any fine imposed under this Section shall be payable in addition to any fees, charges and
costs payable under this By-law.
12.
By-law 373-1992 and Chapter 1052, Sewer - Discharge, of the City of Thunder Bay
Municipal Code is hereby repealed.
13.
This By-law shall come into force and take effect on the date it is passed.
Enacted and passed this 24th day of June, A.D. 2019 as witnessed by the Seal of the Corporation
and the hands of its proper Officers.
Bill Mauro
Mayor
John Hannam
City Clerk
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By-Law No.