By-law to Regulate Management of a System of Sewer Works and Drainage Works, No. 2017-18
Welland, Ontario
· adopted 2017-03-07
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THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2017 - J8
A BY-LAW TO REGULATE MANAGEMENT OF A SYSTEM
OF SEWER WORKS AND DRAINAGE WORKS IN THE
CITY OF WELLAND
TABLE OF CONTENTS
Preamble
Section 1 - Definitions
Section 2 - Scope
Section 3 - Administration
3.1
Administrative Responsibilities
3.2
General Requirements
3.3
Responsibility of Owner
3.4
Design and Construction
Section 4 - Sanitary Sewer Regulations
4.1
Connections
4.2
Backwater Prevention
4.3
Disconnection of Drain Connections to Sewage System
Section 5 - Storm Sewer Regulations
5.1
Connections
5.2
Discharges to Storm Sewer
5.3
Requirements re: Private Drains
Section 6 - Interceptors and Maintenance Access Points
6.1
Interceptors
6.2
Maintenance Access Points
Section 7 - Restrictions
7.1
General Restrictions
7.2
Sewer Works Restrictions
7.3
Drainage Work Restrictions
7.4
Orders
Section 8 - Prohibitions, Enforcement and Penalties
8.1
Interference with the Sewage Works or Drainage Works
8.2
Prohibitions and Offences
8.3
Penalties
Section 9 - General Provisions
Section 10 - Repeal and Enactment
Section 11 - Short Title
Appendices
Schedule A- SHORT FORM WORDINGS
THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2017 - 18
A BY-LAW TO REGULATE MANAGEMENT OF A SYSTEM
OF SEWER WORKS AND DRAINAGE WORKS IN THE
CITY OF WELLAND
WHEREAS subsection 8(1) of the Act provides that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable
the municipality to govern its affairs as it considers appropriate and to enhance their municipality's
ability to respond to municipal issues;
AND WHEREAS Subsection 11 (1) of the Municipal Act, 2001, c.25, as amended (the "Act"),
provides that a lower-tier municipality and an upper-tier municipality may provide any service or
thing that the municipality considers necessary or desirable for the public, subject to the rules set
out in Subsection 11 (4);
AND WHEREAS Subsection 11 (3) of the Act, provides that a lower-tier municipality and an upper
tier municipality may pass by-laws, subject to the rules set out in subsection (4) respecting, inter
alia, public utilities and drainage and flood control, exclusive of storm Sewers;
AND WHEREAS "public utility" is defined by the Act to include a system that is used to provide
water or Sewage services for the public and defines "Sewage" inter alia to include Storm Water
and other drainage from land;
AND WHEREAS Item 4, "Public Utilities" in the Table to Subsection 11 (4) of the Act, provides that
a lower-tier municipality in the Region of Niagara may pass by-laws respecting matters within the
sphere of jurisdiction for sanitary Sewage collection;
AND WHEREAS Item 4, "Public Utilities" in the Table under Subsection 11 (4) of the Act provides,
inter alia, that the collection of Storm Water and other drainage from land is a non-exclusive
assignment and therefore both the upper-tier municipality and its lower-tier municipalities have
the power to pass by-laws under that sphere;
AND WHEREAS Item 6, in the Table under Subsection 11 (4) of the Act, provides that the drainage
and flood control sphere of jurisdiction, except for storm Sewers, is a non-exclusive assignment
and therefore both upper-tier and lower-tier municipalities have the power to pass by-laws under
that sphere;
AND WHEREAS Sections 78 to 93 inclusive of the Act govern the provision of public utilities;
AND WHEREAS Section 96 of the Act provides that despite Section 19, a municipality may for
the purpose of preventing damage to Property in the municipality as a result of flooding, exercise
its powers under the "drainage and flood control" sphere of jurisdiction in relation to flood control
in the municipality, in another municipality or in unorganized territory;
AND WHEREAS Section 97 of the Act provides that a municipality may enter on land, at
reasonable times, to inspect the Discharge of any matter into a land Drainage System of any
Person and may conduct tests and remove samples for this purpose;
AND WHEREAS Subsection 446(1) of the Act provides that if a municipality has the authority
under this or any other Act or under a by-law under this or any other Act to direct or require a
Person to do a matter or thing, the municipality may also provide that, in default of it being done
by the Person directed or required to do it, the matter or thing shall be done at the Person's
expense;
AND WHEREAS Subsection 446(3) of the Act provides that a municipality may recover the Cost
of doing a matter or thing under Subsection 446(1) from the Person directed or required to do it
by action or by adding the Cost to the tax roll and collecting it in the same manner as property
taxes;
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AND WHEREAS the Building Code Act, S.O. 1992, Chapter 23, as amended, regulates and
controls the location, construction, repair and renewal, or alteration of plumbing and materials to
be used in the construction thereof, and further provides for the Inspection of said plumbing works
by officers duly appointed by municipal by-law;
AND WHEREAS Section 107 of the Act provides that despite any special provisions in the
Municipal Act, or in any other general or special act, relating to the making of grants or granting
of aid by the council of a municipality, the council of a municipality may, subject to Section 106 of
the Act, 2001 make grants on such terms and conditions, as to security and otherwise, as the
Council may consider expedient to any Person, institution, business, association, group or body
of any kind for any purpose that in the opinion of the council is in the interests of the municipality;
AND WHEREAS it is deemed necessary for the orderly development and control of the Sewer
Works and Drainage Works, that certain regulations governing the construction, management
and use, and the operation, maintenance, repair and rehabilitation, of the Sewer Works and
Drainage Works be put into force;
NOW THEREFORE the Municipal Council of The Corporation of the City of Welland hereby
enacts as follows:
SECTION 1 - DEFINITIONS
The following terminology is used throughout the by-law,
1.1
Definitions in the Property Standards By-Law (as amended) of the City shall be used with
respect to matters pertaining to maintenance of properties, buildings and structures which
are undefined in this by-law.
1.2
Definitions in the Building Code Act and the Building Code shall be used with respect to
matters pertaining to building construction which are undefined in this by-law.
1.3
"Agent" is a Person authorized by the Corporation to provide services on behalf of the
Corporation; or a Person authorized by an Owner to provide services on behalf of the
Owner, as applicable.
1.4
"Appurtenance" means the apparatus or equipment that is an accessory to the Sewer
Works system or to the Drainage Works system, including Municipal Sewer Laterals and
their components, or an accessory to Private Laterals, or to Private Sewage Collection
Systems, or to a Private Drainage System or Stormwater Management system.
1.5
"Backflow" means flow reversal from the intended normal direction of flow.
1.6
"Backwater Prevention Device" means a valve or other apparatus, which allows flow in
one direction, but prevents flow in the opposite or return direction.
1.7
"Blank" or "Blanking" means the temporary or permanent decommissioning of a pipe by
means of plugging, capping, or other method approved by the Engineer.
1.8
"Building" means,
(a) a structure occupying an area greater than ten square metres consisting of a wal l,
roof and floor or any of them or a structural system serving the function thereof including
all plumbing, works, fixtures and service systems appurtenant thereto,
(b) a structure occupying an area of ten square metres or less that contains plumbing,
including the plumbing appurtenant thereto,
(c) plumbing not located in a structure,
(c. 1) a Sewage system, or
(d) structures designated in the Building Code;
1.9
"Building Drain" means the horizontal piping, including any vertical offset that conducts
Sewage to a Building Sewer.
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1.10 "Building Sewage Drainage System" means an assembly of pipes, fittings, fixtures and
appurtenances on a Property that is used to convey Sewage and clear water waste to the
Sewer Works.
1.11
"Building Sewer" means that part of a Building Sewage Drainage System outside a
Building that commences at a point one (1.0) metre from the outer face of the wall of the
Building and which connects the Building Sewage Drainage System to a Municipal Sewer
Lateral or to an approved place of Sewage Discharge and disposal.
1.12
"Catch Basin" or "Catchbasin" means a receptacle installed to collect surface water from
an open area, for Drainage into the Drainage Works, and to trap solids by means of a
sump within the Catch Basin.
1.13 "Chief Building Official" means a Chief Building Official and such inspectors as are
appointed by the Corporation necessary for the enforcement of The Building Code Act
and any other statutes referred to in this By-law, and all Persons authorized at the direction
of the Chief Building Official for the purposes of exercising the power and duties of the
Chief Building Official under this By-law.
1.14 "Chief Financial Officer" or "Treasurer" means the Chief Financial Officer for the
Corporation or any Person or Persons appointed, or designated by the Corporation from
time to time for the purposes of exercising the powers or duties of the Chief Financial
Officer under this By-law.
1.15 "Combined Sewer" means a Sewer intended to function simultaneously as a Sanitary
Sewer and a Storm Sewer.
1.16 "Connect" means to install a Sewer Service Connection or a Drainage Service
Connection, including laterals and lateral Appurtenances.
1.17 "Consumer" means the occupant of the Property supplied with municipal Sewer collection
services or municipal Storm Water Drainage services under the jurisdiction of the
Corporation.
1.18
"Corporation" means The Corporation of the City of Welland.
1.19 "Corporation Standards" or "Standards of the Corporation" means all applicable design
manuals, technical standards, drawings, specifications and guidelines of the Infrastructure
and Development Services adopted by the Corporation, from time to time, governing the
construction, administration, operation, maintenance, repair,
replacement and/or
rehabilitation of the Water Works, Sewer Works and Drainage Works.
1.20 "Cost" means the expenses and Costs of work done, on and for, the Sewer Works or
Drainage Works, and in the making, inspecting, maintaining, repairing or replacing of a
Service Connection, including, but not limited to:
a) Permits and approvals,
b) Design,
c) Materials,
d) Labour,
e) Restoring any Property disturbed or damaged,
f)
Supervision and Inspection of any work,
g) Studies, evaluations, investigations.
This also includes the amount of fees and expenses charged by the Corporation to the
Owner when the Corporation makes a Service Connection at the expense of the Owner.
1.21
"Council" means the Municipal Council of the Corporation of the City of Welland.
1.22
"Customer" means any person, owner, firm, business, corporation, institute or identity that
enters into a verbal or written contract or agreement with the Corporation to receive
Sanitary Sewer collection services, or Storm Water collection services.
1.23 "Discharge" means to release or emit Sewage or other waste liquid, or Storm Water or
Drainage water.
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1.24
"Ditch" or "Drainage Ditch" means a constructed open channel designed to convey Storm
Water or Drainage Water from time to time; and where constructed as part of a roadway,
designed to drain the road sub-base.
1.25 "Drain" means a Ditch, swale, channel, water course, pipe, and/or Storm Sewer that
collects and carries storm, ground, surface or subsurface water or any of them, or part
thereof, either continuously or intermittently, and including Appurtenances such as
manholes, Catch Basins, culverts, and Interceptors.
1.26 "Drainage" or "Drainage System" means a natural or constructed means of intercepting,
collecting and removing Storm Water or surface or subsurface Drainage Water, usually by
gravity flow.
1.27
"Drainage Water" means water originating from rain, storm or ground sources or from the
melting of snow or ice that is drawn off or away from a Building and the lands on which
the Building is built to the Drainage Works or to an approved Outlet.
1.28 "Drainage Works" means any and all Storm Sewers, buildings, structures, equipment,
Appurtenances, devices, conduits, underground pipelines, Municipal Drainage Laterals,
Ditches, Watercourses, and Municipal Drains and Outlets created under the Drainage Act,
and related installations and other works of the Corporation, designed for the collection
and transmission of Storm Water or Drainage Water; and includes lands over which an
easement or consent has been granted or lands appropriated for such purposes and use.
1.29 "Engineer" means the General Manager of Infrastructure and Development Services/City
Engineer, or the Person or Persons appointed or designated by the Corporation from time
to time for the purposes of exercising the powers or duties of the Engineer under this By
law; or the Engineer's duly authorized representative, or as the situation or context may
require, all Persons authorized at the direction of the Engineer to exercise the powers and
duties of the Engineer under this By-law.
1.30
"Extraneous Flow" or "Inflow and Infiltration" means the undesirable infiltration of
groundwater and/or the undesirable, uncontrolled inflow of Drainage or Storm Water into
a Sanitary Sewer Service Connection or into a private Sewer Collection System, or into
the Sewer Works.
1.31
"Foundation Drain" means Drainage piping installed below the surface of the ground to
collect and convey water away from a Building foundation.
1.32 "Infrastructure Studies" means any strategic plan governing the management and
development of the Sewer Works or Drainage Works approved by and as amended by
Council from time to time.
1.33 "Inspection" or "Compliance Inspection" means any physical or visual audit or
examination, survey, sampling and testing, test or inquiry.
1.34 "Interceptor" means a receptacle installed to collect and prevent oil, grease, petroleum
products, grit, sand and/or other materials from passing into the Sewer Works or Drainage
Works.
1.35
"Leachate" means water contaminated by dissolved or suspended materials as a result of
percolation through contaminated ground, soil and/or solid waste or industrial waste.
1.36
"Main" means any pipe collecting and transmitting Sewage as part of the Sewer Works or
Drainage or Storm Water as part of the Drainage Works, under the jurisdiction of the
Corporation and/or the Regional Municipality of Niagara, and includes all Appurtenances
exclusive of Service Connections.
1.37 "Maintenance Hole" means a junction chamber for Mains and for Service Connections of
the Sewer Works or Drainage Works or of a Private Sewage Collection System or Private
Drainage System, designed to permit access for Inspection and maintenance purposes,
and for the taking of Sewage or Storm Water or Drainage Water samples.
1.38
"Multiple Dwelling" means a building having three (3) or more residential dwelling units.
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1.39
"Municipal Drain" means a constructed Watercourse created by by-law of the Corporation
under the Drainage Act, R.S.O. 1990 for the purposes of Drainage of lands designated by
the establishing by- law.
1 .40
"Municipal Drainage Lateral" means the pipes and Appurtenances of the Drainage Works
located within the Right-of-Way and situated between the Main and the Property line,
providing the connection of a Building sewer to the Drainage Works.
1.41
"Municipal Sewer Lateral" means the pipes and Appurtenances of the Sewer Works
located within the Right-of-Way and situated between the Main and the Property line;
1.42
"Non-potable water" means water that does meet Health Canada's Guidelines for
Canadian Drinking Water Quality. Non-potable water is not destined for human
consumption.
1.43
"Non-potable water system" means an assembly of pipes, fittings, valves and
appurtenances that collects and distributes non-potable water. A non-potable water
system can include storage tanks, pressurization equipment and treatment systems.
1.44
"Operator" means a Person or Persons who is the manager and/or administrator or Agent
responsible for use, activity or process within a building or facility or Property serviced by
the Sewer Works or Drainage Works.
1.45
"Outlet" or "Drainage Outlet" means a location at which Storm Water or Drainage Water
is Discharged into a Storm Water Management System, Watercourse or natural stream or
lake.
1.46
"Owner" means the person for the time being managing or receiving the rent of the land
or Property in connection with which the word is used whether on the Person's own
account or as Agent or trustee of any other Person or who would so receive the rent if
such land and Property were let, and shall also include a lessee or occupant of the
Property who, under the terms of a lease, is required to repair and maintain the Property
in accordance with the standards for the maintenance and occupancy of Property.
1.47
"Person" means any individual, firm, corporation, association or partnership.
1 .48
"Property" means a building or structure or part of a building or structure, and includes the
lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile
structures, outbuildings, fences and erections thereon whether heretofore or hereafter
erected, and includes vacant Property abutting on a Right-of-Way within which a Main or
Ditch or Drain is constructed.
1.49
"Private Drain" means a Drain located on private Property; a Drain, which is privately
owned.
1.50
"Private Lateral" means a Building sewer or a Private Drainage Lateral.
1.51
"Private Drainage Lateral" means the Drainage pipes and Appurtenances providing a
connection to the Drainage Works located between the Property line and one (1 .0) metre
from the outer face of the Building foundation, or between the Property line and a Private
Drainage System.
1.52
"Private Drainage System" means a privately owned network of Storm or Drainage Water,
Ditches, swales, collection pipes, Maintenance Holes, Interceptors and Catch Basins and
Appurtenances, discharging to the Drainage Works or other approved Outlet.
1.53
"Private Sewage Collection System" means a privately owned network of Sewage
collection pipes, Maintenance Holes, Interceptors and Appurtenances, servicing two or
more Buildings, discharging to the Sewer Works.
1.54
"Rates" means those Rates, levies, rents or charges for the supply and/or use of municipal
water or Sewers so described and itemized in by-laws enacted by the Corporation from
time to time.
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1.55 "Right-of-Way" means lands acquired for or devoted to a public highway, lane or easement
in which a Main is located.
1.56
"Sanitary Sewer" means a system of pipes, Mains and Appurtenances of the Sewer Works
for the collection and transmission of Sewage; and into which Storm Water, Drainage
Water and ground water are not intentionally Discharged or admitted.
1.57 "Service Connection" means a Municipal Service Lateral and the connected Private
Service Lateral and required Appurtenances forming a Discharge connection to either the
Sewer Works or the Drainage Works.
1.58 "Sewage" or 'Wastewater" means any one of or a combination of domestic sanitary
Sewage and/or water borne waste, and/or non-domestic sanitary Sewage and/or water
borne waste, Discharged from residences, businesses, recreational facilities, institutions
or industry.
1.59 "Sewer" means a Sanitary Sewer or pipe or Main of the Sewer Works; or a Combined
Sewer or pipe or Main of the Sewer Works; or a Storm Sewer or a pipe or Main of the
Drainage Works.
1.60 "Sewer Service Connection" means the Municipal Sewer Lateral and the connected
Building Sewer, or a pipe connection from a Private Sewage Collection System to the
Sewer Works.
1.61
"Sewer Works" means any and all Buildings, structures, equipment, Appurtenances,
devices, conduits, underground pipelines, Municipal Sewer Laterals, Outlets, and related
installations and other works of the Corporation, designed for the collection and
transmission of Sewage and includes lands over which an easement or consent has been
granted or lands appropriated for such purposes and use.
1.62
"Storm Sewer" means a Storm Water and/or Drainage water collection and transmittal
Main, pipe, Ditch and/or Watercourse or combination thereof, including Appurtenances,
forming part of the Drainage Works.
1.63
"Storm Water" or "Stormwater" means surface or ground water from rainfall or snowfall or
other natural precipitation or from the melting of snow or ice; naturally occurring water
collected and carried in the Drainage Works.
1.64
"Storm Water Leader" or "Downspout" means a pipe or system of pipes inside or outside
a Building that conveys Storm Water from a roof of a Building or structure to an approved
place of Discharge.
1.65
"Storm Water Management" means Drainage control practices and constructed works
implemented to protect Property and natural or constructed Watercourses and receiving
waters from Storm Water impacts.
1.66 "Watercourse" means an open channel, swale or Ditch constructed as or resulting from
the construction of a work in which a flow of Storm Water or Drainage Water occurs either
continuously or intermittently, including roadway Ditches, and including naturally'
occurring depressions, channels or streams Draining into any such open channels, swales
or Ditches, whether forming part of or connected to the Corporation's Drainage Works or
forming part of a Private Drainage or Stormwater Management System; and including
Appurtenances.
1.67 "Water Service Connection" means the pipes conveying potable water to a Building or
Property from the Water Works or a private source of water.
1.68 "Water Works" means any and all buildings, structures, equipment, Appurtenances,
devices, conduits, underground pipelines, municipal water laterals, outlets, and related
installation in other works so designed for the distribution of water and includes lands over
which an easement or consent has been granted or lands appropriated for such purpose
and uses
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SECTION 2 - SCOPE
2.1
This By-law applies to the construction, management and use, and to the operation,
maintenance, repair and rehabilitation of the Sewer Works and Drainage Works under the
jurisdiction of the Corporation.
2.2
Sanitary Sewer service areas and Storm Sewer service areas covered under this by-law
are as identified in the Corporation's Official Plan and supporting Infrastructure Studies,
and area specific servicing plans, as approved by Council through by-law adoption from
time to time.
2.3
The Corporation shall manage and maintain the Sewer Works and the Drainage Works in
accordance with the provisions of this By-law and the provisions of the Municipal Act, the
Ontario Water Resources Act, the Drainage Act, the Federal Fisheries Act, the Ontario
Building Code and regulations, standards and guidelines established under these Acts
from time to time and any other applicable law or regulations.
SECTION 3 - ADMINISTRATION
3.1
Administrative Responsibilities
3.1.1
The Engineer has overall responsibility for the enforcement of this By-law and for
administration, operation, maintenance, repair and rehabilitation of the Sewer Works and
Drainage Works in accordance with this By-law and all other applicable legislation.
3.1.2 The Chief Building Official is responsible for the enforcement of the Ontario Building Code
and the issuance of any plumbing permits or orders related to the construction,
maintenance, operation, repair and renovation of any part of the buildings and facilities
served by Sewer Works, Drainage Works and Water Works; and for the Inspection of work
done under plumbing permits or orders.
3.1.3 The following principles shall apply to managing and operating the Sewer Works and the
Drainage Works:
a) Although best efforts will be made to provide adequate services, the Corporation does
not guarantee the collection of Sewage or Drainage water and failure to provide
Sewage or Drainage Water collection services shall not be construed as neglect on
the part of the Corporation. The Corporation shall at no time be held liable for the
inadequacies of such services or for restricting the provision of such services, or for
refusing to provide such services.
b) Through the effective management of the Sewer Works and the Drainage Works, the
Corporation will endeavor to ensure the health and safety of the public, to protect
property from damage, to provide pollution prevention and control, and to protect the
environment.
c) This By-law shall govern and regulate the management and operation of the Sewer
Works and the Drainage Works and connections thereto and shall be considered to
form an integral part of the service contract between the Corporation and any Owner,
Operator or Customer for the provision of such Sewage collection services or Drainage
services. Every Owner, Operator or Customer, by applying for and accepting the
provision of services from the Corporation, shall be deemed to have expressed his/her
consent to be bound by the provisions of this By-law.
3.1 .4 The Engineer in consultation with the Chief Building Official and staff of the Infrastructure
Services and Development Services Department shall establish and periodically update
standards, guidelines, and specifications governing the design, construction, operation,
maintenance, repair and rehabilitation of the Sewer Works and Drainage Works.
3.2
General Requirements
3.2.1 All necessary Drainage piping, Drains, Catch Basins, Interceptors and connections to the
Drainage Works shall, at the discretion of the Engineer, be provided to accommodate
Storm Drainage from roof and ancillary hard surfaced areas (parking, storage areas,
roadways, etc.) from all multiple residential, industrial, recreational, commercial and
institutional Property.
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3.2.2 Connection to the Sewer Works or to the Drainage Works shall only be permitted where
in the opinion of the Engineer there is sufficient capacity to handle the predicted peak flow
resulting from the connection in view of the City's hydraulic level of service, Sewer Works
and Drainage Works hydraulic models and current Ontario Ministry of the Environment
and Climate Change design standards.
3.3
Responsibility of Owner
3.3.1 The entire Cost of providing, installing, operating, maintaining, repairing, replacing,
relocating or renewing any Building Sewer or Private Sewer Collection System, and any
Private Drainage Lateral or Private Drainage or Storm Water Management System, and
Appurtenances connected shall be the responsibility of and paid for by the Owner.
3.3.2 Every Owner shall maintain their Building Sewer or Private Sewage Collection System
and Private Drainage Lateral or Private Drainage or Storm Water Management Systems,
including Appurtenances connected thereto, in good working order and condition.
3.3.3 All Maintenance Holes, Interceptors, Catch Basins, devices or Appurtenances on private
Property required under this By-law shall be maintained by and at the expense of the
Owner or Operator in a continuously efficient and safe operating condition at all times.
3.3.4 Where the Owner or Operator of a Multiple Residential Dwelling, commercial, recreational,
institutional or industrial Property fails to install or maintain any Maintenance Hole,
Interceptor, Catch Basin, or alternative device required under this By-law, such installation
or maintenance may be done by the Corporation, at the direction of the Engineer, at the
expense of the Owner or Operator; and if not paid the Costs incurred may be added to the
tax roll for the Property and collected in like manner and with the same priority as municipal
taxes.
3.3.5 Once a Sewer Service Connection or a Drainage Service Connection has been installed
and put into service, such connection shall not be disconnected from the Sewer Works or
Drainage Works without the prior written approval of the Engineer.
3.3.6 Every Owner and Operator shall, at all reasonable times and upon reasonable notice
provided by the Corporation, allow and provide access to building or Property to the
Engineer, Chief Building Official or any other person duly authorized by the Corporation
for the purposes of inspecting, maintaining, repairing, disconnecting or reinstalling a sewer
connection or a Drainage service connection or for taking corrective action, and/or carrying
out work required by this By-law.
3.3.7 Every Owner shall be responsible for advising the Corporation, to the attention of the
Engineer, of any change in the Sewer Service Connection or Drainage service connection
application information including changes to the Owner's address and telephone number
and selected method of account payment.
3.3.8 Only an Owner may request the disconnection of a Sewer Service Connection or Drainage
service connection. Such request shall be made in writing to the attention of the Engineer
in a form specified by the Corporation.
3.3.9 Where:
(a) a leak occurs from a building sewer, private sewage collection system, Sewage
holding tank, septic tank or any other private Sewage treatment system, the Owner
shall take corrective action to repair the leak, at the Owner's expense;
(b) after seven (7) days' notice by the Corporation requiring the leak to be repaired, the
Owner fails to comply with the requirements to repair the leak, the Corporation may
repair the leak, at the Owner's Cost, and if not paid, the Cost may be added to the tax
roll for the Property and collected in the same manner as Property taxes.
3.3.10 Every Owner shall indemnify the Corporation for any loss or damage to the Corporation
or to any person that may occur in or as a result of work carried out or actions by the
Owner or an Agent of the Owner as required under this By-law.
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3.4
Design and Construction
3.4.1 New Combined Sewers are prohibited.
3.4.2 The design, installation, maintenance and field testing of Non-potable water system
Systems shall be in compliance with CSA Standard CSA B128.1-06.
3.4.3 Before issuing a building permit, or before approval of the construction of a Drain or
modifications to a Drain, or before approval of a connection to a Drain or in anticipation of
possible adverse consequences from potential future flooding of the subject or
surrounding lands, or potential adverse Drainage Water quality, the Corporation may
require, at the request of the Engineer, the Owner to complete one or more of the following:
a) a study on Storm Water quality and/or quantity;
b) modification and/or construction of Storm Water facilities;
c) adoption and implementation of pollution prevention techniques and measures;
d) adoption of a Storm Water Management plan; or
e) any other requirement as specified by the Engineer or Council.
3.4.4 No extension of an existing Sewer shall be made unless the annual revenue to be derived
from Consumers benefiting from such an extension is at least ten percent (10%) of the
total installation Cost of such extension, unless funded under development charges or
local improvement provisions, or unless it is in the best interests of the Corporation as
determined by Council to make such extension.
3.4.5 Notwithstanding Subsection 3.4.4, on the recommendation of the Engineer, Council may
consider an application for extension of an existing Sewer by any Owner wishing to have
any Property served by the Sewer Works or Drainage Works, provided:
a) Such Owner agrees to pay all associated Costs of extending a Sanitary Sewer or a
Storm Sewer so that it abuts the frontage or flankage of the Property to be served.
Where Building development is expected to continue along a Right-of-Way, the
extension of the Sanitary Sewer or Storm Sewer shall be across the entire frontage or
flankage of the said Property;
b) Such Property is located within the serviced area boundaries as defined by the
Corporation's Official Plan;
c) Any and all relevant governmental approvals are sought and obtained at the expense
of such Owner; and without restricting the generality of the foregoing, including the
Ontario Ministry of the Environment and Climate Change approval pursuant to the
provisions of the Ontario Water Resources Act;
d) The Owner makes application for the Service Connection or connections; and for
Sewer Service Connections, obtains a plumbing permit from the Corporation; and
e) The Owner provides the actual cash, or adequate security in substitution therefore as
approved by the Chief Financial Officer, for the entire Cost of extending the Sewer
Works and/or Drainage Works; and such cash or other security to be deposited with
the Corporation prior to any such work being effected by the Corporation or by the
Owner as approved by the Corporation.
3.4.6 Owners, builders or contractors requiring Sewage collection and/or Drainage services for
construction purposes shall make an application to the Corporation as specified in the
Standards and shall furnish all information so required and shall pay to the Corporation
the fee prescribed by Council.
3.4. 7 Owners, builders and contractors shall only be permitted to Discharge Sewage to the
Sewer Works, and Storm or Drainage Water to the Drainage Works, at connection
locations and in a manner specified by the Engineer, and as may be altered from time to
time by the Engineer.
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3.4.8 Any Storm Water or surface water or groundwater collected within any excavation, or in
any completed or partially completed basement, shall be drained to a Storm Water
Drainage System, Storm Sewer or roadside Ditch, by pumping if gravity Drainage is not
possible.
3.4.9 The termination of Service Connection or connections to Private Sewage Collection
Systems or Private Drainage Systems shall be capped or plugged to the satisfaction of
the Chief Building Official until connection to the Sewer Works or Drainage Works is
approved by the Engineer.
3.4.1 O Where the Corporation has caused a Service Connection believed to be defective to be
Blanked, due to a defective Sewer service, the Service Connection shall not be restored
until the Engineer or Chief Building Official has been satisfied that no such defect exists,
or that any defect therein has been properly rectified in accordance with Corporation
Standards and the requirements established under this By-law.
3.4.11 Any Owner requiring the discontinuation of a Service Connection for the purpose of
demolition, or for other reasons, shall excavate, cap/plug, backfill and reinstate the
excavation so that the Service Connection may be properly Blanked and Inspected by the
Corporation.
3.4.12 Where a Building has been demolished and the Property Owner proposes to utilize the
existing Service Connection or connections to serve a new Building, the Owner must first
obtain the written approval of the Engineer to do so. Where in the opinion of the engineer,
the Service Connection is in unacceptable condition, it shall be replaced or rehabilitated
at the owner's expense. All Service Connections are to be inspected and certified by staff
trained through a Lateral Assessment and Certification Program (LACP) prior to being
returned to service.
3.4.13 A disconnected or Blanked Service Connection shall not be reconnected or reinstated
without reapplication for the Service Connection in accordance with the Standards of the
Corporation and payment of the applicable fees prescribed by the Council in the Fees and
Charges By-law 2015-138 as amended.
3.4.14 The maintenance and field testing of Non-potable water system systems shall be in
compliance with CSA Standard CSA 8128.2-06.
SECTION 4 - SANITARY SEWER REGULATIONS
4.1
Connections
4.1.1 Every Building within a serviced area as defined by the Official Plan as amended, fronting
or flanking on a Sanitary Sewer of the Sewer Works, shall be connected to the Sewer
Works; and Sewer service Rates and fees prescribed by Council, in the Fees and Charges
By-law 2015-138 as amended, shall apply, despite the Building being serviced by a
separate private Sewer system, unless otherwise approved by the Chief Building Official.
4.1.2 All Service Connections to the Sewer Works and all replacements to, relocations of,
disconnections or removals from the Sewer Works require prior approval through written
application and the issuance of a permit by the Corporation.
4.1 .3 An Owner shall pay all applicable fees and charges for the supply, installation,
replacement, relocation, or disconnection of Sanitary Sewer Service Connections as
prescribed by Council.
4.1.4 Where Sanitary Sewers have been installed within a road Right-of-Way or easement
which abuts the Property of an existing Building, the affected Owner shall connect to the
completed Sanitary and /or Storm Sewer at his or her expense within twelve (12) months
of the date of notice requiring the connection to be made provided to the Owner by the
Corporation via registered mail at the Owner's last known address.
4.1.5 Unless permitted to do so otherwise under this By-law, no Person within a serviced area
shall fail to ensure that Sewage from a Building or Property is Discharged into a Sanitary
Sewer of the Sewer Works.
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4.1.6 If any Property Owner fails to connect to a newly constructed abutting Sanitary Sewer as
required by Subsection 4.1 .4, the Corporation shall commence billing the Property Owner
for Sanitary Sewer services, one (1) month after the required connection was to be made,
at the monthly rate established by Council for Sanitary Sewer services through by-law
adoption from time to time.
4.1.7 Where a direct Service Connection is made to the Sewer Works in compliance with this
By-law, any septic tanks, cesspools and similar private Sewage disposal facilities shall be
cleaned and filled, or removed or destroyed, within a period ten (10) calendar days after
the Service Connection to the Sewer Works, to the satisfaction of the Chief Building
Official.
4.1 .8 Where specific health hazards exist, an Owner shall connect all sanitary facilities within
an existing Building to the Sewer Works, in accordance with the Building Code, Part 7,
within sixty (60) calendar days of receipt of a registered notice to make such Service
Connection from the Corporation and/or from the Medical Officer of Health, to the
satisfaction of the Chief Building Official.
4.2
Backwater Prevention
4.2.1 An approved Sewage Backwater Prevention Device meeting CSA Standard B181 shall be
installed in the sanitary Sewage Discharge plumbing, in advance of the Building Sewer, in
all new Buildings with basements or below grade crawl spaces, unless otherwise approved
by the Chief Building Official.
4.2.2 If in the opinion of the Chief Building Official, in consultation with the Engineer, an existing
Building is likely to experience, or has experienced, Sewage backup as the result of a
storm event, the Corporation may provide financial assistance to the Owner, upon written
application, for the installation of an approved Backwater Prevention Device to a maximum
of $1,000, subject to budget approval by Council and the availability of funds.
4.2.3 Backwater Prevention Device shall be of a design approved by the Corporation meeting
CSA Standard B181 and installed as prescribed by the Ontario Building Code, Division B,
section 7.4.6.4.2(a)(b and in a manner specified by the Chief Building Official.
4.2.4 Backwater Prevention Device shall be installed behind clean-out and be readily accessible
for Inspection and maintenance.
4.2.5 Backwater Prevention Device shall be maintained in good working order and protected,
including protection from freezing, by the Owner at his/her expense.
4.3
Disconnection of Drain Connections from Sewage System
4.3.1 At the discretion of the Engineer, the Owner of any Building or Property which has a Drain,
Storm Water Leaders, Downspouts, Foundation Drains and/or sump pumps connected to
the Sewer Works shall disconnect such Drain, Storm Water Leaders, Downspouts,
Foundation Drains and sump pumps from the Sewer Works.
4.3.2 Provided that funds are available, as approved through the Corporation's annual budget
deliberations, financial assistance to a maximum reimbursement of $4,000.00 may be
considered to assist Owners with the Costs of the following repairs to disconnect Drainage
connections from, and to reduce Extraneous Flow into, the Sewer Works.:
a) Removal of roof leaders from the Sanitary Sewer.
b) Removal of existing sump pump connections from the Sanitary Sewer.
c) Repair or replacement ofa leaking Building sewers.
d) Removal of Foundation Drain connections from the Sanitary Sewer
Notwithstanding the above, addition financial assistance may be provided, on application to the
municipality, for larger-scale disconnection of Inflow and Infiltration into the sewer works at non
single-family dwelling locations (Institutional, Commercial and Industrial properties).
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SECTION 5 - STORM SEWER REGULATIONS
5.1
Connections
5.1.1 All Service Connections to the Drainage Works and all replacements to, relocations of,
disconnections or removals from the Drainage Works require prior approval through
written application and the issuance of a permit by the Corporation.
5.1.2 An Owner shall pay all applicable fees and charges for the supply, installation,
replacement, relocation, or disconnection of Drainage Service Connections as prescribed
by Council.
5.1.3 In order to be granted a permit to connect to a Storm Sewer of the Drainage Works, a
Building, Property or facility must be within a Storm Sewer service area as defined by the
Official Plan of the Corporation as amended, and at the discretion of the Engineer must
have frontage or flankage abutting a Sewer of the Drainage Works.
5.1.4 The application and permit referred to in Subsection 5.1.1 shall be in the form as may be
prescribed by Council.
5.1.5 All multi-unit residential, commercial, recreational, industrial and institutional Buildings and
Property shall be served with Storm Sewer or Drainage system, or Storm Water
Management systems, separate from the Sewer Work and shall be in accordance with the
latest version of the Corporation Standards.
5.2
Discharges to Storm Sewer
5.2.1 Unless permitted to do otherwise under this By-law, no Person shall fail to ensure that
Storm Water or Drainage water is Discharged into the Drainage Works or into an approved
Storm Water Management system, or to an approved Drainage Outlet.
5.2.2 All Storm Water or Drainage water of any nature or kind, including roof water, surface
water, ground water and water from sump pumps or Foundation Drainage systems must
either:
a) be Discharged into the Drainage Works of the Corporation;
b) be allowed to Discharge only upon the lands of the Owner of the Building or lands
from which such Storm Water or Drainage water exits;
c) not be Discharged and or directed toward surrounding properties;
d) be Discharged to a Private Drainage System or to a private Storm Water Management
system;
e) be Discharged to a Watercourse;
f) be Discharged to an approved Drainage Outlet; or
g) be Discharged to such other place as the Corporation may direct.
5.2.3 Subject to the prior approval of the Ontario Ministry of the Environment and Climate
Change and Region of Niagara, industrial cooling water or unpolluted process waters may
be Discharged to the Drainage Works or to a Drainage Outlet at a location and in a manner
approved by the Engineer.
5.3
Requirements re: Private Drains
5.3.1 No Person shall alter, fill, obstruct, block or in any way interfere with a Private Drain,
including allowing a Private Drain to fall into disrepair such that the flow of storm, ground,
surface or subsurface water from or to another private land is interfered with to the extent
that the Owners or Operators of such other private land suffer damages or are
inconvenienced.
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5.3.2 Every Owner or Operator of land shall keep in repair any Private Drain on land owned or
occupied by them. Every Owner or Operator of land shall alter, relay or repair any Private
Drain as may be required by the Engineer.
5.3.3 The Engineer may send to, or serve on, the Owner or Operator of any land a notice
requiring the Owner or Operator or any of them to maintain, repair, alter, relocate, or relay
any Private Drain, within a specified number of calendar days, as may be required by the
Engineer pursuant to Subsections 5.3.2.
5.3.4 If an Owner or Operator of any land fails to comply with the Engineer's notice sent or
served under Subsection 5.3.3 the Engineer may cause the required work to be done; and
the Cost of such work shall be paid by the said Owner or Operator; and if not paid may be
added to the municipal tax roll of the Property of which the work was done and collected
in like manner and with the same priority as municipal taxes.
5.3.5 If any Person causes or permits the blockage or obstruction of any Drain or Private Drain,
the Engineer may by written notice to, or served on, such Person, require such Person to
remove the blockage or obstruction within a specified number of calendar days of receipt
of said notice.
5.3.6 If a Person fails to remove a blockage or obstruction of a Drain or Private Drain, within the
specified number of calendar days, as required by the Engineer's notice; the Engineer
may cause the blockage or obstruction to be removed, at the expense of said Person; and
if Costs are not paid, the Costs may be added to the tax roll of the Property within which
the blockage or obstruction occurred, and collected In like manner and with the same
priority as municipal taxes.
SECTION 6 - INTERCEPTORS AND MAINTENANCE ACCESS POINTS
6.1
Interceptors
6.1.1 Every Owner or operator of a restaurant or other industrial, commercial or institutional
Property where food is cooked, processed or prepared shall have or install, operate, and
properly maintain a food related oil and grease Interceptor in any piping system that
connects directly or indirectly to the sewer works in accordance with the requirements of
CSA 8481 as amended from time to time.
6.1.2 All Drainage Service Connections from commercial, recreational, industrial and
institutional parking facilities shall be provided with sand, grit, oil and petroleum products
Interceptors meeting Ontario Ministry of the Environment and Climate Change standards
for Storm Water quality management.
6.1 .3 Every owner or Operator of a motor vehicle service station, repair shop or garage or of an
industrial, commercial or institutional Property or any other establishment where motor
vehicles are repaired, lubricated or maintained shall have or install, operate and properly
maintain an Interceptor designed to prevent motor oil, lubricating grease, fuels or other
material associated with a motor vehicle from passing into any piping system that connects
directly or indirectly to the sewer works.
6.1.4 Every owner or Operator of a Property from which sediment may directly or indirectly enter
a Sanitary Sewer, Storm Sewer and/or the natural environment including but not limited
to vehicle wash establishments, shall take all necessary measures to ensure that such
sediment is prevented from entering the Sanitary Sewer, Storm Sewer, and/or the
environment.
6.1.5
Every owner or Operator of a dental practice shall install and maintain a dental waste
amalgam separator and 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.
6.1.6 Any Interceptor described in Sections 6.1 .1 , 6.1 .2, 6.1 .3 and 6.1.4 shall be installed in
compliance with the most current requirements of the applicable building code and
CAN/CSA B481 Series 12. Interceptors shall be maintained by the owner, at the owner's
expense, in good working order.
The owner is required to produce a maintenance
schedule and maintenance records for the preceding eighteen (18) months upon request
of the Engineer. Maintenance requirements and cleaning frequency shall be posted at the
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site in a conspicuous location in proximity to the Interceptor. The Engineer shall have the
right to enter upon the Property at any time to inspect the operation and maintenance of
the Interceptor.
6.2
Maintenance Access Points
6.2.1
The owner or Operator of commercial, institutional, or industrial Property, with one or more
connections to a Sewage works shall install and maintain in good repair in each
connection, a suitable maintenance access point (manhole) to allow observation, sampling
and flow measurement of the Sewage therein. Where installation of a manhole is not
possible an alternative device or facility may be substituted with the approval of the
Engineer.
6.2.2 Every manhole or alternative device or facility shall be located on the Property of the owner
or Operator of the Property, as close to the Property line as possible, unless otherwise
approved by the Engineer.
6.2.3 Every manhole, device or facility installed as required by Section 6.2.1 of the by-law shall
be designed and constructed in accordance with good engineering practice and the
requirements of the Engineer, and shall be constructed and maintained by the owner or
Operator of the Property.
6.2.4 The owner or Operator of commercial, institutional, or industrial Property shall at all times
ensure that every manhole, device or facility installed as required by this by-law is at all
times accessible for the purpose of observing, sampling and measuring the flow of
Sewage therein.
6.2.5 The owner or Operator of commercial, institutional, or industrial Property shall provide
written notification of the installation of maintenance access points and their location or
the upgrading of existing maintenance access points, for each connection to the Sewage
works at the site of a Discharger, for the purpose of monitoring or sampling Discharges.
6.2.6 Maintenance access points shall be maintained and constructed at the expense of the
Discharger.
SECTION 7 - RESTRICTIONS
7.1
General Restrictions
7.1.1
Except as authorized in writing by the Engineer, only Sewage that originated from the
Water Works may be Discharged to the Sewer Works.
7.1.2 No Person shall Discharge to the environment within any area under the jurisdiction of the
Corporation any sanitary Sewage, contaminated or polluted water, except where suitable
treatment of the Discharge is provided and approved by the Engineer, or the Chief Building
Official.
7.1.3 No Person shall Discharge or deposit, or cause or permit to be Discharged or deposited,
into or in the Sewer Works, or into or in the Drainage Works, a substance, material or
object, which is or may become harmful to the Sewer Works or Drainage Works or the
environment.
7.1 .4
No Person shall conceal, interfere with, construct or maintain anything or cause or permit
to be concealed or interfered with or constructed or maintained anything, that has the
effect of concealing or interfering with access to a municipal or private Maintenance Hole,
Interceptors, Catch Basins or a sewer lateral inspection tee.
7.1.5 No Person, except an employee of or Agent of or contractor engaged by the Corporation,
shall uncover, enter, make any connection to or opening into, use, alter or disturb the
Sewer Works or Drainage Works without first obtaining the approval of the Engineer.
7.1.6 Subsection 7.1.5 notwithstanding, an abutting Owner or his Agent may without approval
enter into a Drainage Ditch of the Drainage Works for the purpose of clearing the Ditch of
15
growth or debris, or to clear an obstruction or blockage. Such cleaning or clearing shall
not alter the invert of the Ditch.
7 .1. 7
No Person shall remove or tamper with or cause or permit any removal or tampering with,
any Maintenance Hole cover, grate, cap, or any other opening into the Sewer Works or
Drainage Works without the prior approval of the Engineer.
7.1.8 Upon the provision of reasonable notice permitted by the requirement or circumstance,
the Engineer may temporarily restrict the use of the Sewer Works or Drainage Works,
including the temporary shut-off of water from the Water Works, from time to time as
necessary, to carry inspections, cleaning, maintenance, repairs, Service Connection,
modifications, replacement, relocation, or rehabilitation to any part of the Sewer Works or
Drainage Works.
7.2
Sewer Works Use Restrictions
7.2.1 Unless permitted to do otherwise under this By-law, no Person within a serviced area shall
fail to ensure that Sewage from a building or Property is Discharged into a Sanitary Sewer
of the Sewer Works.
7.2.2 No Person, unless specifically authorized by the Engineer in writing, shall cause or permit
the entry of Storm Water or Drainage water of any kind into the Sewer Works.
7.2.3 The Foundation Drain system sumps shall not be constructed with high water level
overflow provisions discharging directly into the Building Drain unless otherwise
authorized in writing, by the Engineer.
7.2.4 The use of the Sewer Works and Sewage Discharge characteristics shall conform to the
restrictions of the Regional Municipality of Niagara Sewer Use By-law No. 27-2014, as
amended from time to time.
7.2.5 A Person responsible for:
a) a Discharge to the Sewer Works, which may be considered hazardous to Persons,
Property or animals;
b) a Discharge which may be considered detrimental to the efficient operation, or safety
of the Sewer Works, or the treatment systems of the Regional Municipality of Niagara,
or personnel thereof;
c) a Discharge which contravenes the Sewage Discharge characteristic restrictions
prescribed by the Regional Municipality of Niagara Sewer Use By-law No. 27-2014 as
amended;
shall immediately notify the Corporation, the Regional Municipality of Niagara and the
Ontario Ministry of the Environment and Climate Change of such Discharge.
7.2.6 No Person shall directly or indirectly Discharge or deposit, or cause or permit to be
Discharged or deposited, any type of hauled Sewage or hauled Sewage sludge into or in
the Sewer Works without the prior written approval of the Engineer.
7.3
Drainage Works Use Restrictions
7.3.1
Unless permitted to do otherwise under this By-law, no Person shall fail to ensure that
Storm Water or Drainage water is Discharged into the Drainage Works or into an approved
Storm Water Management system, or to an approved Drainage outlet.
7.3.2 All multi-unit residential, commercial, recreational, industrial and institutional Buildings and
Properties shall be served with Storm Sewer or Drainage System, or Storm Water
Management systems, separated from the Sewer Works.
7.3.3 No Person shall directly or indirectly Discharge or deposit, or cause or permit to be
Discharged or deposited, any Sewage of any kind in or into the Drainage Works.
7.3.4 No Person shall directly or indirectly Discharge or deposit, or cause or permit the
Discharge or deposit of matter of any type in or into the Drainage Works, or into any
Drainage Service Connection, or into any Ditch or Drain, or into any stormwater
management system, where:
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a) To do so may cause or result in,
i) damage to the Drainage Works;
ii) interference with proper operations of the Drainage Works;
iii) blockage, obstruction or restriction of stormwater flows or Drainage flows therein;
iv) a hazard to any Person, animal, Property, or vegetation;
v) impairment of the quality of the water in any well, lake, river, pond, spring, stream,
reservoir or other water or Watercourse;
vi) the contravention of a certificate of approval or provisional certificate of approval
issued under the Ontario Water Resources Act or the Ontario Environmental
Protection Act, as amended, with respect to the Storm Sewer and/or its Discharge;
vii) the contravention of the Fisheries Act with respect to the Drainage Works and/or
its discharge from the Drainage Works into a water course; or
b) The matter has characteristics prohibited by the Regional Municipality of Niagara
Sewer Use By-law No. 39-2002 as amended from time to time.
7.4
Orders
7.4.1 Where a Person fails to comply with any provision of this By-law, the Engineer may make
an Order directing the Person, within seven (7) calendar days of the issuance of an
Emergency Order and fourteen (14) calendar days of the issuance of a Regular Order, to
take such steps as are necessary to comply as outlined in the Order. If the Person fails to
comply with the Emergency Order within seven (7) calendar days or a Regular Order
within fourteen (14) calendar days, the Engineer may cause such work as necessary to
be done at the Person's expense; and if not paid, the Costs may be added to the tax roll
for the Property and collected in like manner and with the same priority as municipal taxes.
7.4.2 a) Orders served by the Engineer under Section 7.4.1 shall be served personally or by
registered mail to the last known address of the Owner and to any other Person to be
served.
b) If an Order is served by registered mail, the service shall be deemed to have been
made on the 5th day after the date of mailing.
SECTION 8 - PROHIBITIONS, ENFORCEMENTS AND PENAL TIES
8.1
Interference with the Sewer Works or Drainage Works
Every Person who:
a)
throws, Discharges or deposits any substance or material into or in the Sewer
Works or Drainage Works, which in any way fouls, obstructs or blocks flows in the
Sewer Works or in Drainage Works, or causes or permits the same to be done; or
b)
Discharges or deposits, or causes or permits to be Discharged or deposited, into
or in the Sewer Works or Drainage Works a substance which is or may become
harmful to a Person; or
c)
Discharges or deposits, or causes or permits to be Discharged or deposited, into
or in the Drainage Works a substance which is or may become harmful to the
natural environment; or
d)
Discharges or deposits, or causes or permits to be Discharged or deposited, into
or in the Sewer Works or Drainage Works, Sewage, Wastewater, liquid or any
substance which is prohibited by this By-law or by the Regional Municipality of
Niagara's Sewer Use By-law, as amended;
is guilty of an offence and on conviction is liable to a fine in accordance with Section 8.3.
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8.2
Prohibitions and Offences
Every Person who:
1.
being a Building or Property Owner, fails to connect to a Sanitary Sewer
constructed within a road Right-of-Way abutting said Owner's Property, as
required by this By-law; or
2.
being an Owner or Operator, fails to control the Discharge of Storm Water or
Drainage Water, as required by Corporation Standards; or
3.
without a permit or prior authorization, connects, or causes to be connected, any
pipe or Private Lateral to any pipe or main or Maintenance Hole or other
Appurtenance of the Sewer Works or Drainage Works; or
4.
fails to obtain an approved Service Connection permit ;
5.
fails to construct a building sewer, or Private Drainage Lateral, in conformance with
this By-law; or
6.
fails to construct a private Sewage collection system or Private Drainage System
in conformance with Corporation Standards; or
7.
connects a Private Lateral to the Sewer Works or Drainage Works prior to approval
and Inspection; or
8.
connects a Private Drainage System to the Drainage Works prior to approval and
Inspection; or
9.
connects a Private Sewage Collection System to the Sewer Works prior to
approval and Inspection; or
10.
fails to inform the Chief Building Official that installation of a building Sewer, or
Private Drainage Lateral is available for Inspection; or
11 .
fails to undertake and report the results of specified tests required under this By
law to ensure that the installation of a Service Connection meets standards and
specifications, and functions adequately; or
12.
having been given appropriate and adequate notice, fails to provide access to a
building or Property for the purpose of inspecting, maintaining, repairing, modifying
or replacing a Service Connection including Appurtenances thereof; or
13.
having been given appropriate and adequate notice, fails to provide access to a
building or Property for the purposes of inspecting and ensuring compliance with
this By-law and taking corrective action as required, including access to a private
Sewer collection system, or to a Private Drainage System, and Appurtenances
thereof; or
14.
willfully hinders or interrupts, or causes to be hindered or interrupted; the
Corporation or any of its Officers, Agents, Workers or Contractors, in the exercise
of any of the powers or duties conferred by this By-law; or
15.
without prior written approval of the Engineer, Discharges, or causes or permits to
be Discharged, to the Sewer Works, any Sewage containing water from a source
other than the Water Works; or
16.
without prior written approval of the Engineer, Discharges or causes or permits to
be Discharged, either directly or indirectly, storm water, ground water or Leachate,
or Drainage water, into or in the Sewer Works; or
17.
without the prior written approval of the Engineer, Discharges or deposits, or
causes to be Discharged or deposited, any type of hauled Sewage or hauled
sludge into or in the Sewer Works; or
18.
fails to notify the Corporation of a Discharge to the Sewer Works or Drainage
Works that is in violation of the Sewer Works use or Drainage Works use
restrictions of this By-law; or
19.
fails to notify the Corporation of a Discharge to the Sewer Works or Drainage
Works that is or may be hazardous to a Person; or
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20.
fails to notify the Corporation of a Discharge to the Drainage Works that is or may
be hazardous to the natural environment; or
21.
fails to adequately protect a Service Connection from damage, including from
freezing; or
22.
fails to provide the "as built" data and location of a Private Lateral to the Engineer;
or
23.
fails to adequately maintain or repair a Private Lateral; or
24.
backfills an excavation or trench created for the installation, repair, relocation or
replacement of a Service Connection, or part thereof, prior to Inspection and
approval; or
25.
fails to maintain a private Sewage collection system; or
26.
fails to maintain a Private Drainage System or private Storm Water Management
system; or
27.
fails to provide written notification to the Engineer that a Service Connection has
been disconnected; or
28.
Blanks or caps, or causes or permits to be Blanked or capped, any Service
Connection without prior approval; or
29.
fails to cap or Blank a Service Connection in compliance with this By-law, in the
manner specified by the Chief Building Official; or
30.
fails to cap or Blank a municipal lateral immediately following installation while
awaiting approval to Connect to the Sewer Works or Drainage Works; or
31.
fails to cap or Blank a Service Connection required for the demolition of the
Building or facility serviced; or
32.
fails to obtain the written permission of the Engineer to reuse a capped or Blanked
Service Connection; or
33.
fails to provide adequate excavation, backfill and reinstatement of a trench to
enable the Blanking or capping of a Service Connection as required under this By
law; or
34.
fails to obey or conform to any Sewer Works or Drainage Works use restrictions
imposed by Council; or
35.
fails to obey or conform to any temporary Sewer Works or Drainage Works use
restrictions imposed by the Engineer permitted under this By-law; or
36.
fails to install a Maintenance Hole as required by this By-law; or
37.
fails to ensure a private Maintenance Hole is readily accessible for use and
Inspection at all times; or
38.
fails to maintain a private Maintenance Hole is required by this By-law in good
working order; or
39.
fails to install an oil, grease, petroleum product, sand or grit Interceptor as required
by this By-law; or
40.
fails to maintain and ensure adequate functioning of a grease, oil, petroleum
product, sand or grit Interceptor as required by this By-law; or
41.
fails to provide maintenance records for any required Interceptor; or
42.
fails to ensure an Interceptor is readily accessible for Inspection at all times; or
43.
fails to install and maintain a Sewer backflow prevention device as required by this
By-law; or
44.
being an Owner or Operator, fails to maintain a private Ditch or Drain abutting, or
contained in his/her lands, free of growth, debris or obstructions or blockages to
Drainage flow; or
45.
alters a Watercourse, Drain or Drainage Ditch that forms part of the Drainage
Works, or part of a Municipal Drain, without the prior approval of the Engineer; or
46.
fails to comply with an Engineer's notice to remove a blockage or obstruction to
any Drain, within the number of calendar days specified in said notice; or
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47.
being an Owner, Lessee, Occupant or Operator, fails to comply with an Engineer's
notice to maintain, repair, alter, relocate or relay any Private Drain within the
number of calendar days specified in said notice; or
48.
being an Owner, Operator or Contractor or Builder, fails to comply with the
direction of the Engineer or Chief Building Official regarding the installation of a
temporary Service Connection to the Sewer Works or to the Drainage Works; or
49.
excavates, uncovers or enters a main, Maintenance Hole, Interceptor or other
chamber of the Sewer Works or Drainage Works without prior approval of the
Engineer; or
50.
without authorization, removes or tampers with, or causes or permits any removal
or tampering with, any Maintenance Hole cover, grate or any other opening into
the Sewer Works or Drainage Works; or
51.
undertakes or permits to be undertaken, thawing operations of any main, section
or part or to any Service Connection of the Sewer Works or Drainage Works,
without the prior approval of the Engineer; or
52.
fails to repair a leak in a Building Sewer or private Sewage collection system within
seven (7) calendar days of notice; or
53.
having been given appropriate and adequate notice, fails to disconnect a Drainage
Service Connection from the Sewer Works, within the prescribed number of
calendar days; or
54.
fails to adequately decommission a septic tank, cesspool, or other private system
for the treatment and disposal of Sewage, following connection to the Sewer Works
within the prescribed number of calendar days; or
55.
without prior written approval of the Engineer, had a Foundation Drainage sump
with a high water level overflow Discharge directly into the Building Drain; or
56.
destroys, damages, removes, fraudulently alters or in any way injures any main,
Maintenance Hole, Interceptor, Catch Basin, Service Connection, Inspection tee,
Appurtenance or apparatus or thing belonging to the Corporation's Sewer Works
or Drainage Works, or causes or permits the same to be done; or
57.
fails to comply with or is in breach of any provision of this By-Law;
is guilty of an offence and upon conviction is liable to a fine in accordance with Section
8.3.
8.3
Penalties
8.3.1 Every Person other than a Corporation who contravenes any provision of this By-law is
guilty of an offence and upon conviction is liable for every day or part thereof upon which
such offence occurs and continues to occur, to a fine of not more than $5,000.00 for a first
offence and $10,000.00 for any subsequent offence.
8.3.2 Every Corporation that contravenes any provision of this By-law is guilty of an offence and
upon conviction is liable for every day or part thereof upon which such offence occurs or
continues to occur, to a fine, of not more than $25,000.00 for a first offence and $50,000.00
for any subsequent offence.
8.3.3 In this By-law, a subsequent conviction means a conviction for an offence which offence
occurs after the date of conviction for an earlier offence under this By-law.
8.3.4 No Person shall hinder or obstruct an officer, appointed under this by-law or employed to
enforce this by-law, from carrying out an Inspection of lands, nor shall any Person obstruct
any employee or Agent authorized to carry out work for the City, specified in an Order
issued hereunder.
8.3.5 As appointed by Council, this By-law shall be enforced by the following Officials of the
Corporation as appropriate:
(i)
the Municipal By-Law Enforcement Officers;
(ii)
the Chief Building Official; or
(iii)
the Building Inspectors.
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8.3.6 Every Person who, by act, offence, default, neglect or omission; occasions any loss, cost,
damage or injury to the Sewer Works, or Drainage Works, or any part or Appurtenance
thereof, is liable to the Corporation for any and all financial losses and Costs incurred as
a result.
8.3. 7 No action or proceeding under the provisions of this By-law shall preclude the Corporation
from the right and power to exercise any other right or remedy available to the Corporation.
SECTION 9 - GENERAL PROVISIONS
9.1
This by-law shall be not be interpreted to permit anything which by the provision of any
applicable federal or provincial act or regulation is prohibited.
9.2
Where there is a conflict between the provisions of this by-law and the provisions of a
federal or provincial act or regulation, the provisions of the applicable act or regulation are
to prevail.
9.3
Should a Court of competent jurisdiction declare a part or a whole of any provision of this
by-law to be invalid, or of no force or effect, the provision is deemed severable from this
by-law, and it is the intention of Council that the remainder survive and be applied and
enforced in accordance with its terms to the extent possible under the law.
9.4
Where there is a conflict between the provisions of this by-law and Regional Municipality
of Niagara Sewer Use By-law 27-2014, as amended, the provision that is the most
restrictive shall prevail.
9.5
All Schedules attached hereto are and form part of this By-law.
9.6
a) Any notice issued by the Engineer pursuant to this By-law shall be served personally
or by registered mail to the last known address of the Owner of the land and to any
other Person to be served.
b) If notice is served by registered mail, the service shall be deemed to have been made
on the 5th day after the date of mailing.
SECTION 10 - REPEAL AND ENACTMENT
10.1
This by-law comes into force and effect on the date of its passing and enactment.
SECTION 11 - SHORT TITLE
11 .1 This by-law may be known and referred to as the "Sewer and Drainage Works By-law".
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS 7TH
DAY OF MARCH, 2017.
City Clerk
THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2017- 18
Sewer and Drainage Works Regulations
(Part I Provincial Offences Act)
SCHEDULE A
OFFENCES AND SET FINES
Item
Short Form Wording
Provision
Creating or
Defining Offence
Set
Fine
1
Foul, obstruct or block flows in the Sewer Works or Drainage Works
2
Deposit or discharge into the Sewer Works or Drainage Works
a substance harmful to a person
3
Deposit or discharge into the Drainage Works a substance
harmful to the natural environment
4
Deposit or discharge into the Sewer Works or Drainage Works
a prohibited substance
5
Fail to connect to an abutting sanitary sewermain
6
Fail to provide a storm water or drainage discharge control
in compliance with Corporation Standards
7
Unauthorized connection to the Sewer Works or Drainage Works
8
Fail to obtain a service connection permit
9
Fail to construct a private sewage collection system in accordance
with the By-law
10
Fail to construct a private drainage system in conformance with
Corporation Standards
11
Connect a private lateral to the Sewer Works or Drainage Works
without prior inspection and approval
12
Connect a drainage system to the Sewer Works or Drainage Works
without prior inspection and approval
13
Connect a private sewage system to the Drainage Works prior to
inspection and approval
14
Fail to inform that a private lateral was available for inspection
15
Fail to undertake and report the results of required specified tests
16
Fail to provide access for inspecting, maintaining, repairing,
modifying or replacing a service connection
17
Fail to provide access for inspection to ensure compliance with
the By-law
18
Hinder a Corporation Officer or Agent in the exercise of a power
or duty under the By-law
19
Without authority discharge sewage to the Sewer Works not
originating from the Water Works
20
Without authorization discharge storm, drainage or ground water
or leachate to the Sewer Works
21
Without authorization discharge hauled sewage or sludge to the
Sewer Works
22
Fail to notify the Corporation of a discharge that is in violation of
the By-law
23
Fail to notify the Corporation of a discharge that is or may be
hazardous to a person
24
Fail to notify the Corporation of a discharge that is or may be
hazardous to the natural environment
25
Fail to protect a service connection
26
Fail to provide the constructed data and location information
for a private lateral
27
Fail to maintain a private lateral
28
Backfill a service connection trench without prior inspection and
approval
29
Fail to maintain a private sewage collection system
30
Fail to maintain a private drainage system or storm water
management system
31
Fail to provide written notification that a service connection has
been disconnected
32
Without approval, cap a service connection
33
Fail to cap a service connection in conformance with this By-law
34
Fail to cap a municipal lateral while awaiting approval to connect
8.1 (a)
8.1 (b)
8.1 (c)
8.1(d)
8.2(1)
8.2(2)
8.2(3)
8.2(4)
8.2(5)
8.2(6)
8.2(7)
8.2(8)
8.2(9)
8.2(10)
8.2(11)
8.2(12)
8.2(13)
8.2(14)
8.2(15)
8.2(16)
8.2(17)
8.2(18)
8.2(19)
8.2(20)
8.2(21)
8.2(22)
8.2(23)
8.2(24)
8.2(25)
8.2(26)
8.2(27)
8.2(28)
8.2(29)
8.2(30)
$500
$500
$500
$500
$500
$500
$500
$400
$400
$200
$300
$300
$300
$300
$300
$300
$300
$300
$200
$400
$500
$200
$300
$200
$200
$100
$200
$200
$300
$200
$200
$400
$200
$100
1
Item
Short Form Wording
Provision
Set
Creating or
Fine
Defining offence
35
Fail to cap a service connection required for the demolition of
8.2(31)
$300
a building
36
Fail to obtain permission to reuse a capped service connection
8.2(32)
$300
37
Fail to provide excavation, backfill and reinstatement to enable
8.2(33)
$200
capping of a service connection
38
Fail to obey Sewer Works or Drainage Works use restrictions
8.2(34)
$300
imposed by the Council
39
Fail to obey any temporary Sewer Works or Drainage Works
8.2(35)
$200
use restrictions imposed by the Engineer
40
Fail to install a maintenance hole as specified by the By-law
8.2(36)
$300
41
Fail to ensure a private maintenance hole was accessible
8.2(37)
$100
42
Fail to maintain a private maintenance hole
8.2(38)
$100
43
Fail to install an interceptor as required by the By-law
8.2(39)
$300
44
Fail to maintain an interceptor
8.2(40)
$200
45
Fail to provide maintenance records for an interceptor
8.2(41)
$100
46
Fail to ensure an interceptor was readily accessible for
8.2(42)
$100
inspection
47
Fail to install a backflow prevention device as required by the By-law
8.2(43)
$100
48
Fail to maintain a private ditch
8.2(44)
$100
49
Without prior approval, alter a water course or drainage ditch of
8.2(45)
$300
the Drainage Works
50
Without prior approval, alter a water course or drainage ditch
8.2(46)
$500
of the Municipal Drain
51
Fail to comply with the Engineer's notice to remove a blockage
8.2(47)
$500
or obstruction to a drain within the notice period
52
Fail to comply with the Engineer's notice to complete work on
8.2(48)
$300
a private drain within the notice period
53
Fail to comply with the direction of the Engineer or Chief Building
8.2(49)
$200
Official regarding the installation of a temporary service connection
54
Without prior approval, excavate, uncover or enter a main or
8.2(50)
$200
maintenance hole or chamber
55
Without authorization remove or tamper with a maintenance hole
8.2(51)
$100
cover or other grate or opening
56
Without prior approval, undertake thawing operations
8.2(52)
$300
57
Fail to repair a leak in a private sewer lateral or private sewage
8.2(53)
$300
collection system within the notice period
58
Fail to disconnect a drainage service connection from the Sewer
8.2(54)
$500
Works within the notice period
59
Fail to adequately decommission a septic tank, cesspool or
8.2(55)
$500
private sewage disposal facility
60
Without approval, have a sump with a high water level discharge
8.2(56)
$300
connection into the building drain
61
Cause damage to the Sewer Works or Drainage Works
8.2(57)
$500
Note: The general penalty provision for the offences listed above is section 8.3 of By-law 2017-~, a certified copy of which has been filed.
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