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B I L L
No. 66 (Revised)
1 9 9 3
(amended B/L 197-2002, July 22/2002)
(amended B/L 136-2012, Oct. 1/12)
B Y - L A W N U M B E R 11446
A BY-LAW TO PROHIBIT, REGULATE AND INSPECT THE DISCHARGE OF
SEWAGE INTO THE MUNICIPAL SEWERAGE SYSTEM IN THE CITY OF
WINDSOR
Passed the 17th day of May, 1993.
AND WHEREAS pursuant to s. 11(3) 3 of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, municipalities may pass by-laws respecting waste management;
AND WHEREAS under Part V of the Clean Water Act, 2006, S.O. 2006, c.22, by-laws
may be passed by a municipality to regulate drinking water threats;
AND WHEREAS s. 87 of the Municipal Act authorizes the municipality to enter on
land at reasonable times, to inspect the discharge of any matter into the sewage system of the
municipality, the contents of which ultimately empty into the municipal sewage system, and to
conduct tests and take samples for this purpose. ("Whereas" preamble deleted & substituted B/L 136-
2012, Oct. 1/12)
THEREFORE the Council of The Corporation of the City of Windsor enacts as follows:
SECTION 1
DEFINITIONS
1.
In this by-law
(a)
"acute hazardous waste chemical" means a material which is an acute hazardous waste
chemical within the meaning of Ontario Regulation 347 made under the Environmental
Protection Act (Ontario);
(b)
"authorized representative of the owner or operator" means
(i)
A principal executive officer of at least the level of vice president, if the owner or
operator is a corporation; or
(ii)
A general partner or proprietor if the owner or operator is a partnership or
proprietorship, respectively; or
(iii)
A duly authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facilities from which
the sewage discharge originates;
(c)
"average water usage" shall mean the total volume of water used over a given period of
time as determined by taking water meter or meters readings, subtracting the previous
readings from the most recent, summing the differences, and dividing by the number of
days between the two meter readings.
(d)
"biochemical oxygen demand" means the 5-day biochemical oxygen demand as
determined by Standard Methods.
(e)
"blowdown" means the discharge of recirculating noncontact cooling water for the
purpose of discharging materials contained in the water, the further buildup of which
would cause concentrations in amounts exceeding limits established by best engineering
practices;
(f)
"combined sewer" means a sewer intended to function simultaneously as a storm sewer
and a sanitary sewer;
(g)
"commercial waste chemical" means a material which is a commercial waste chemical
within the meaning of Ontario Regulation 347 made under the Environmental Protection
Act (Ontario);
(h)
"Commissioner of Works" means the Commissioner of Works of the Corporation;
(i)
"composite sample" means a sample which is composed of a series of grab samples taken
at intervals during the sampling period;
- 2 -
(j)
"Corporation" means the Corporation of the City of Windsor;
(k)
"cyanide (total)" means cyanide as determined by Methods in Standard Methods;
(l)
"de minimis dose" means a dose of radiation to an individual of .05 millisieverts per year.
(m)
"de minimis waste" means any waste radioactive material that will not result in a dose of
radiation exceeding the de minimis dose regardless of the quantity of the material or how
it is used or managed.
(n)
"fuels" includes
(i)
any ignitable liquid intended for use as a fuel with a flash point less than 61
Celsius as determined by one of the methods in Ontario Regulation 347 made
under the Environmental Protection Act (Ontario); and
(ii) gasoline, naptha, diesel fuel or fuel oil;
(o)
"grab sample" is an aliquot of the flow being sampled, taken at one particular time and
place;
(p)
"hauled sewage" means waste removed from 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
(Ontario);
(q)
"hauled industrial waste" means a material which is a hazardous industrial waste within
the meaning of Ontario Regulation 347 made under the Environmental Protection Act
(Ontario);
(r)
"hazardous industrial waste" means a material which is a hazardous waste chemical
within the meaning of Ontario Regulation 347 made under the Environmental Protection
Act (Ontario);
(s)
"hazardous waste chemical" means a commercial waste chemical having a generic name
listed in Part B of Schedule 2 of Ontario Regulation 347 under the Environmental
Protection Act.
(t)
"ignitable waste" means a material which is an ignitable waste within the meaning of
Ontario Regulation 347 made under the Environmental Protection Act (Ontario);
(u)
"industrial" shall mean of or pertaining to industry, manufacturing, commerce, trade,
business, or institutions as distinguished from domestic or residential;
(v)
"industrial process area" means any industrial building, property or land area which
during manufacturing, processing or storage comes into direct contact with any raw
material, intermediate product, finished product, byproduct, or waste product;
(w)
"Kjeldahl Nitrogen" means organic nitrogen as determined by one of the Methods in
Standard Methods;
(x)
"landfill leachate" means liquid that has percolated through the material buried in a
landfill and is collected by an underdrain liquid collection system.
(y)
"matter" includes any solid, liquid or gas;
(z)
"municipality" means The Corporation of the City of Windsor or its designated
representative;
- 3 -
(aa) "noncontact cooling water" means water which is used to reduce temperature for the
purpose of cooling and which does not come into direct contact with any raw material,
intermediate product other than heat, or finished product;
(bb) "once-through cooling water" means noncontact cooling water that has been circulated
once through the cooling device;
(cc) "owner" or "operator" means the owner or operator of any facility or activity subject to
the provisions of this by-law;
(dd) "paints" means a liquid of chemical composition designed to serve as a surface cover
material which is soluable in water or in an organic solvent.
(ee) "pathological waste" means a material which is a pathological waste within the meaning
of Ontario Regulation 347 made under the Environmental Protection Act (Ontario) or any
material which may be designated in writing by the Chief Medical Officer of Health
(Ontario);
(ff) "PCB" means any monochlorinated or poly-chlorinated biphenyl or any mixture of these
or mixture that contains one or more of them;
(gg) "PCB waste" means a PCB waste within the meaning of Ontario Regulation 352 made
under the Environmental Protection Act (Ontario);
(hh) "person" includes an individual, association partnership, corporation, municipality,
Provincial or Federal agency, or an agent or employee thereof;
(ii)
"pesticides" means a pesticide regulated under the Pesticides Act (Ontario);
(jj) "pH" means the logarithm to the base 10 of the reciprocal of the concentration of
hydrogen ions in moles per litre of solution;
(kk) "phenolic compounds" means those derivatives of aromatic hydrocarbons which have a
hydroxyl group directly attached to the ring as determined by one of Methods in Standard
Methods;
(ll) "phosphorus" means total phosphorus as determined by both Methods in Standard
Methods.
(mm) "Pollution Control Branch" means the Pollution Control Branch of the Corporation's
Public Works Department.
(nn) "reactive waste" means a material which is a reactive waste within the meaning of
Ontario Regulation 347 made under the Environmental Protection Act (Ontario);
(oo) "sanitary sewer" means a sewer for the collection and transmission of domestic,
commercial, institutional and industrial sewage or any combination thereof;
(pp) "severely toxic contaminants" means any material listed in Schedule 3 of Ontario
Regulation 347 made under the Environmental Protection Act (Ontario);
(qq) "sewage" means any liquid waste containing animal, vegetable or mineral matter in
solution or in suspension, except uncontaminated water;
(rr)
"sewage works" means any works for the collection, transmission, treatment or disposal
of sewage, or any part of such works;
- 4 -
(ss) "SIC code" means Standard Industrial Classification Code contained in either the
Standard Industrial Classification Manual published by the Minister of Supply and
Services Canada, 1980 (Canadian SIC) or the Standard Industrial Classification Manual
published by the Executive Office of the President, Office of Management and Budget,
1972 (U.S. SIC);
(tt) "solvent extractable matter" means grease and oil as determined by one of the Methods
listed in Standard Methods;
(uu) "Standard Methods" means a procedure set out in Standard Methods for the Examination
of Water and Wastewater published jointly by the American Public Health Association,
American Water Works Association and Water Environment Federation, current at the
date of testing, or a procedure published by the Ontario Ministry of the Environment as a
standard method or the equivalent of a standard method;
(vv)
"storm sewer" means a sewer for the collection and transmission of uncontaminated
water, stormwater, drainage from land or from a watercourse or any combination thereof;
(ww) "stormwater" means water from rainfall or other natural precipitation or from the melting
of snow or ice;
(xx)
"suspended solids" means solid matter in or on a liquid which matter is removable by
filtering and dried at 103-105C as determined by a Method in Standard Methods;
(yy) "uncontaminated water" means water to which no matter has been added as a
consequence of its use, or to modify its use, by any person;
(zz) "unionized ammonia" means the percentage of total aqueous ammonia in solution not
ionized at the prevailing pH and temperature;
(aaa)
"waste disposal site leachate" means leachate from any waste disposal site;
(bbb) "waste radioactive materials" means any waste material exhibiting the property of
spontaneous disintegration of atomic nuclei usually with the emission of penetrating
radiation or particles;
SECTION 2
DISCHARGES TO SANITARY SEWERS
DISCHARGES TO COMBINED SEWERS
2(1) No person shall discharge or deposit or cause or permit the discharge or deposit of matter of a
kind listed below into or in land drainage works, private branch drains or connections to any
sanitary sewer or combined sewer:
1.
matter of any type or at any temperature or in any quantity which may be or may become
a health or safety hazard to a sewage works employee, or which may be or may become
harmful to a sewage works, or which may cause the sewage works effluent to contravene
any requirement by or under the Ontario Water Resources Act or the Environmental
Protection Act (Ontario), 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 Ontario's Guidelines for Sewage Sludge Utilization on Agricultural Lands (as
revised October 1992) unless the person has been advised in writing by the "Chemist-
Pollution Control Officer of the City of Windsor" that the sludge from the sewage
treatment works will never be used on agricultural lands, or which may interfere with the
proper operation of a sewage works, or which may impair or interfere with any sewage
treatment process, or which is or may result in a hazard to any person, animal, property or
vegetation or;
- 5 -
2.
without limiting the generality of the foregoing, any of the following:
(a)
Solid or viscous substances in quantities or of such size as to be capable of
causing obstruction to the flow in a sewer, including but not limited to ashes,
bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, animal guts or tissues, paunch manure, and
whole blood.
(b)
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.
(c)
Except in the case of discharge into a combined sewer, as approved by the
Commissioner of Works, stormwater, water from drainage roofs or land, water
from a watercourse or uncontaminated water. (amended B/L 197-2002, July
22/2002)
(d)
Water other than stormwater that has originated from a source separate from the
water distribution system of the municipality.
(e)
Sewage or uncontaminated water at a temperature greater than 65 degrees
Celsius.
(f)
Sewage having a pH less than 5.5 or greater than 10.5.
(g)
Sewage containing more than 120 milligrams per litre of solvent extractable
matter, generally referred to as oil and grease.
(h)
Sewage in which the biochemical oxygen demand exceeds 400 milligrams per
litre.
(i)
Sewage containing more than 500 milligrams per litre of suspended solids.
(j)
Sewage containing more than 30 milligrams per litre of phosphorus.
(k)
Sewage containing more than 100 milligrams per litre of Kjeldahl nitrogen.
(l)
Sewage containing more than 1 milligram per litre of phenolic compounds.
(m)
Sewage which consists of two or more separate liquid layers.
(n)
Sewage containing dyes or colouring materials which pass through a sewage
works and discolour the sewage works effluent.
- 6 -
(o)
Sewage containing any of the following in excess of the indicated concentrations
in Column II if the (average water usage) is equal to or less than 500,000 litres
per day; and in excess of the concentrations in Column III if the average water
usage is greater than 500,000 litres per day respectively set out opposite:
Column I
Column II
Column III
Aluminum
as
Al
50.0 mg/L
50.0 mg/L
Arsenic
as
As
1.0 mg/L
1.0 mg/L
Antimony
as
Sb
5.0 mg/L
l.0 mg/L
Barium
as
Ba
5.0 mg/L
1.0 mg/L
Bismuth
as
Bi
5.0 mg/L
1.0 mg/L
Cadmium
as
Cd
2.0 mg/L
0.5 mg/L
Chloride
as
Cl
1500.0 mg/L
1500.0 mg/L
Chromium
as
Cr
5.0 mg/L
1.0 mg/L
Cobalt
as
Co
5.0 mg/L
1.0 mg/L
Copper
as
Cu
5.0 mg/L
1.0 mg/L
Cyanide
as
HCN
2.0 mg/L
1.0 mg/L
Fluoride
as
F
10.0 mg/L
3.0 mg/L
Lead
as
Pb
5.0 mg/L
1.0 mg/L
Manganese
as
Mn
5.0 mg/L
3.0 mg/L
Molydenum
as
Mo
5.0 mg/L
3.0 mg/L
Mercury
as
Hg
0.1 mg/L
0.03 mg/L
Nickel
as
Ni
5.0 mg/L
1.0 mg/L
Phenol
as
1.0 mg/L
0.3 mg/L
Selenium
as
Se
5.0 mg/L
1.0 mg/L
Silver
as
Ag
5.0 mg/L
1.0 mg/L
Sulphate
as
SO4
1500.0 mg/L
1500.0 mg/L
Tin
as
Sn
5.0 mg/L
1.0 mg/L
Titanium
as
Ti
5.0 mg/L
1.0 mg/L
Vanadium
as
V
5.0 mg/L
1.0 mg/L
Zinc
as
Zn
5.0 mg/L
1.0 mg/L
(p)
Any of the wastes or contaminants other than those contained in Section 2(0) and
listed in Schedules 1, 2, and 3 of Ontario Regulation 347 made under the
Environmental Protection Act having a concentration greater than 200 times the
respective Method Detection Limit for each waste or contaminant as listed in
Schedule I of the Ontario Ministry of Environment's Draft Protocol for the
Sampling and Analysis of Industrial/Municipal Wastewater, July 1992, as
amended from time to time.
(q)
Waste radioactive materials excepting those being discharged in accordance with
a licence from the Atomic Energy Control Board and a copy of the licence has
been provided to the municipality or to the discharge of de minimis waste.
(r)
The following materials or sewage containing any of the following in any
amount:
Fuels
Ignitable Waste
PCBs
Pesticides
(s)
The following materials or sewage containing any of the following:
Hauled Sewage
Landfill Leachate
- 7 -
SECTION 3
DISCHARGES TO STORM SEWERS
3(1) No person shall discharge or deposit or cause or permit the discharge or deposit of matter of a
kind listed below into or in land drainage works, private branch drains or connections to any
storm sewer,
1.
matter of any type or at any temperature or in any quantity which may:
(a)
interfere with the proper operation of a storm sewer;
(b)
obstruct a storm sewer or the flow therein;
(c)
result in a hazard to any person, animal, property or vegetation;
(d)
impair the quality of the water in any well, lake, river, pond, spring, stream,
reservoir or other water or watercourse; or
(e)
result in the contravention of an approval, requirement, direction or other order
under the Ontario Water Resources Act or the Environmental Protection Act
(Ontario) with respect to the storm sewer or its discharge; and
2.
without limiting the generality of the foregoing, any of the following:
(a)
water at a temperature greater than 40 Celsius;
(b)
water having a pH less than 6.0 or greater than 9.0;
(c)
water containing more than 15 milligrams per litre of biochemical oxygen
demand.
(d)
water containing more than 15 milligrams per litre of suspended solids;
(e)
water containing dye or a colouring material which discolours the water;
(f)
water containing more than 15 milligrams per litre of solvent extractable matter.
- 8 -
(g)
water containing any of the materials set out in Column I in excess of the
concentration respectively set out opposite each material in Column II.
Column I
Column II
Aluminum expressed
as
Al
5.0 mg/L
Ammonias (Unionized) as
Arsenic
NH3
as
As
0.2 mg/L
0.5 mg/L
Barium
as
Ba
0.5 mg/L
Cadmium
as
Cd
0.1 mg/L
Chlorine
as
Cl2
1.0 mg/L
Chromium
as
Cr
1.0 mg/L
Copper
as
Cu
1.0 mg/L
Cyanide
as
HCN
0.1 mg/L
Fecal Coliform
as
200.colonies/100ml
Fluoride
as
F
1.0 mg/L
Iron
as
Fe
5.0 mg/L
Lead
as
Pb
1.0 mg/L
Manganese
as
Mn
1.0 mg/L
Mercury
as
Hg
0.001 mg/L
Nickel
as
Ni
1.0 mg/L
Phenol
as
0.02 mg/L
Phosphorus
as
P
1.0 mg/L
Selenium
as
Se
1.0 mg/L
Silver
as
Ag
1.0 mg/L
Sulphate
as
SO4
150 mg/L
Tin
as
Sn
1.0 mg/L
Zinc
as
Zn
1.0 mg/L
(h)
Any of the wastes or contaminants listed in Schedules 1, 2 and 3 of Ontario
Regulation 347 made under the Environmental Protection Act having a
concentration greater than 10 times the respective Method of Detection Limit of
each waste or contaminant listed in Schedule I of the Ontario Ministry of the
Environment's
Draft
Protocol
for
the
Sampling
and
Analysis
of
Industrial/Municipal Wastewater, July 1992, as amended from time to time.
3(2)
The provisions of Subclauses 2.(c), (d), (e), and (f) do not apply to prevent the discharge of
stormwater runoff from industrial process areas to a storm sewer when,
(a)
the owner or operator of the premises has a certificate of approval or order
relating to the premises under the Environmental Protection Act (Ontario) or the
Ontario Water Resources Act which expressly allows the discharge and a copy of
the certificate of approval or order has been provided to the municipality; or
(b)
the owner or operator of the premises has written approval from the municipality
for a Best Management Practices Plan (BMP) which has been prepared in
accordance with Schedule A attached hereto.
- 9 -
SECTION 4
REPORTS
4(1) The owner or operator of any industrial or commercial or class of industrial premises listed in
Schedule B attached hereto shall submit to the Corporation a Waste Survey Report which shall be
signed by an authorized representative of the owner or operator. The Waste Survey Report shall
be in the form attached as Schedule B1 attached hereto and contain the following information:
(a)
name and address of the premises, and names of its owner and operator;
(b)
description of process operations, including waste discharge rates and contaminant
concentrations, hours of operation, and Canadian or U.S. Standard Industrial
Classification codes;
(c)
a schematic process diagram indicating waste discharge points and waste descriptions;
(d)
the generator registration number, if any, assigned with respect to the premises under
Ontario Regulation 347 made under the Environmental Protection Act (Ontario); and
(2)
Where a change occurs in the information required in a Waste Survey Report, the owner or
operator of the premises shall submit the new information within 30 days of the change.
(3)
The owner or operator of any industrial premises shall comply with the requirements listed in this
Section before any wastewater is discharged into a public sewage works.
SECTION 5
PERMITS
5(1)
The Commissioner of Works may permit, under permit, the discharge of waste water which;
(i)
has a biochemical oxygen demand exceeding 400 mg/L and/or
(ii)
has a suspended solids concentration exceeding 500 mg/L and/or
(iii)
has solvent extractable matter exceeding 120 mg/L and/or
(iv)
has a phosphorus concentration exceeding 30 mg/L
into a sanitary or combined sewer providing the person discharging is in possession of a current
permit issued pursuant to the terms of the Corporation's By-law No. 8346, as amended from time
to time, and the volume and strengths of wastes discharged are not in excess of the volume and
strength shown on the permit.
SECTION 6
COMPLIANCE PROGRAM
6(1) A compliance program may be issued as set out in subsections (2) to (6) and (9) for the discharge
of a non-complying effluent during the period of planning, design, construction or installation of
facilities to eliminate the noncompliance.
(2)
The owner or operator of industrial premises may submit to the municipality a program to prevent
or to reduce and control the discharge or deposit of sewage into or in land drainage works, private
branch drains or connections to any sanitary sewer or combined sewer from premises.
- 10 -
(3)
The owner or operator of industrial premises may submit to the Commissioner of Works a
program to prevent or to reduce and control the discharge or deposit of uncontaminated water or
stormwater or eliminate the discharge or deposit of sewage into or in land drainage works, private
branch drains or connections to any storm sewer from the premises.
(4)
The Commissioner of Works may issue an approval for a compliance program to the person who
submitted the program.
(5)
Every compliance program shall be for a specified length of time during which the facilities are to
be installed and shall be specific as to the remedial actions to be implemented, the dates of
commencement and completion, and the materials or other characteristics of the sewage,
uncontaminated water or stormwater to which it relates. The final activity completion date shall
not be later than the final compliance date in the compliance program.
(6)
The compliance program shall be in the form of Schedule C attached hereto and, upon
recommendation of the Commissioner of Works, who is authorized to execute such compliance
programs under the authority of this by-law.
(7)
A person to whom a compliance program has been issued shall submit a compliance program
progress report within 14 days after the scheduled completion date for each activity listed in the
compliance program.
(8)
The compliance program progress report shall be in the form of Schedule D attached hereto.
(9)
A person to whom a compliance program has been issued shall not be prosecuted under section 2
or 3 of this by-law for the discharge or deposit of sewage, uncontaminated water or stormwater
containing the matters specified in the compliance program and in compliance with the
compliance program during the period within which the compliance program is applicable and so
long as the compliance program is being fully complied with.
SECTION 7
SAMPLING AND ANALYSIS
7(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, without limiting the generality of the foregoing the
sample may be a grab sample or a composite sample, may contain additives for its
preservation and may be collected manually or by using an automatic sampling device;
(b)
except as otherwise specifically 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; and
(c)
for each one of the metals listed in Sections 2 and 3 the analysis shall be for the quantity
of total metal, which includes all metal both dissolved and particulate.
SECTION 8
SPILLS
8(1) Every person who discharges or deposits or causes or permits the discharge or deposit of sewage
into or in land drainage works, private branch drains or connections to any sanitary sewer or
combined sewer shall, if such discharge or deposit is not in the ordinary course of events
forthwith notify the Pollution Control Branch 253-7218.
(2)
Every person who discharges or deposits or causes or permits the discharge or deposit of
uncontaminated water or stormwater into or in land drainage works, private branch drains or
connections to any storm sewer shall, if such discharge or deposit is not in the ordinary course of
events forthwith notify the Pollution Control Branch (telephone number) 253-7218.
(3)
For any of the discharges in subsections 8(1) and (2), for which the person is required to forthwith
notify the Pollution Control Branch, the notification shall include the following information:
(a)
name of the company and the address of location of spill;
(b)
name of person reporting the spill and telephone number where that person can be
reached;
(c)
time of the spill;
(d)
type and volume of material discharged and any associated hazards; and
(e)
corrective actions being taken to control the spill.
(4)
Within five days following a discharge to which subsection (3) applies, the person shall submit to
the Commissioner of Works a detailed written report describing the cause of the spill and the
actions taken or to be taken to prevent a recurrence.
SECTION 9
GENERAL
9(1) The owner or operator of industrial premises with one or more connections to a sewage works
shall install and maintain in good repair in each connection a suitable manhole to allow
observation and sampling of the sewage and measurement of the flow of sewage therein,
provided that where installation of a manhole is not possible, an alternative device or facility may
be substituted with the written approval of the Commissioner of Works of the municipality.
(2)
The manhole or alternate device shall be located on the property of the owner or operator of the
premises, unless the Commissioner of Works of the municipality has given written approval for a
different location.
(3)
Every manhole, device or facility installed as required by subsection (2) shall be designed and
constructed in accordance with good engineering practice and the requirements of the
municipality, and shall be constructed and maintained by the owner or operator of the premises at
his expense.
(4)
The owner or operator of industrial premises shall at all times ensure that every manhole, device
or facility installed as required by subsection (2) is at all times accessible for purposes of
observing and sampling the sewage and measuring the flow of sewage therein.
(5)
The Commissioner of Works may require the owner or operator of industrial premises to install
and maintain devices to monitor sewage discharges and to submit regular reports regarding the
discharges to the municipality.
- 12 -
(6)
No person shall break, damage, destroy, deface or tamper or cause or permit the breaking,
damaging, destroying, defacing 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 sewage.
SECTION 10
ENFORCEMENT
(1)
This by-law shall be administered by the City Engineer.
(2)
The Manager of Environmental Quality or his delegate is appointed inspector for
the purposes of carrying out inspections for the enforcement of this by-law.
(3)
The Manager of Environmental Quality or his delegate may enter on lands or
premises, except lands or premises being used as a dwelling unit, at reasonable
times, without notice of warrant, to inspect the discharge of any matter into the
sewage works, sanitary sewer or storm sewer as the case may be, of the
Corporation, or into any other sewage system the contents of which ultimately
empty into the Corporation's sewage works, sanitary sewer or storm sewer as the
case may be, and may conduct tests and take samples for this purpose, inspect
and observe any plant, machinery, equipment, work, activity or documents, make
inquiries and take photographs.
(Section 10(Sections 1 to 3) deleted and substituted - B/L 136-2012, Oct. 1/12)
SECTION 11
OFFENCES
(1)
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable,
a)
on a first conviction, to a fine of not more than $10,000.00, and
b)
on any subsequent conviction, to a fine of not more than $25,000.00.
(2)
Despite subsection (1), where the person convicted is a corporation, the
maximum fines in clauses (1) a) and b) are $50,000.00 and $100,000.00,
respectively.
(3)
Notwithstanding subsections (1) and (2) herein, every person who contravenes
any provision of s. 9 or 10 herein, is guilty of an offence and on conviction is
liable for every day or part thereof upon which such offence occurs or continues,
to a fine of not more than $5,000.00.
(4)
In this by-law, subsequent conviction means a conviction for an offence which
offence occurs after the date of conviction for an earlier offence under this by-
law or by-law 11446.
(Section 11(Sections 1 to 4) deleted and substituted - B/L 136-2012, Oct. 1/12)
- 13 -
SECTION 12
REPEAL
12(1)
That By-Law Number 8319 is repealed.
(2)
Despite subsection (1) any matter or proceeding that has been commenced under by-law number
8319 before the day this by-law comes into force shall be continued and finally disposed of under
by-law number 8319.
(3)
This by-law shall come into force and take effect on the date of the final passing thereof.
MICHAEL HURST, MAYOR
THOMAS LYND, CLERK
First Reading - February 9, 1993
Second Reading - February 9, 1993
Third Reading - May 17, 1993
SCHEDULE A - BEST MANAGEMENT PRACTICES (BMP) PLAN
A Best Management Practices Plan is a plan agreed to by the municipality with guidance from the Ontario
Ministry of the Environment and is developed for activities which are associated with or ancillary to
industrial manufacturing or treatment processes. The ancillary sources addressed in BMP plan are
material storage area; loading and unloading areas; plant site runoff; in-plant transfer, process, and
material handling areas; and sludge and hazardous waste disposal areas. In general, the BMP Plan will
include practices used by industry for pollution control from these sources, safety programs, fire
protection, protection against loss of valuable raw materials or products, etc. The following elements
must be included in a BMP Plan.
General
1.
Name and location of facility
2.
Statement of BMP policy and objectives
3.
Review by plant manager.
Specific
1.
Establishment of BMP Committee
2.
Risk Identification and Assessment
3.
Reporting of BMP Incidents
4.
Materials Compatibility
5.
Good Housekeeping
6.
Preventive Maintenance
7.
Inspection and Records
8.
Security
9.
Employee Training