Contrôle des rejets dans les égouts municipaux

Veuillez noter que ce règlement est actuellement disponible en anglais seulement. Une traduction française est en cours de préparation à titre de référence et sera rendue disponible lorsque possible.

BEING a By-Law for the control of discharges to municipal sewers pursuant to Section 11(1)3 and 87 of the Municipal Act, 2001 as amended, and to repeal By-Law #107-2012.

WHEREAS, Section 11(1)3 of the Municipal Act, 2001 permits a municipality to pass by-laws respecting matters concerning waste management;

AND WHEREAS Section 87 of the Municipal Act, 2001 authorizes a municipality to enter onto land, at reasonable times, to inspect the discharge of any matter into the sewage system of the municipality or into any other sewage system, the contents of which ultimately empty into the municipal sewage system and may conduct tests and take samples for this purpose.

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

Definition
Sanitary Sewer Requirements
Prohibition of Dilution
Storm Sewer Requirements
Pollution Prevention Plans
Reporting and Self-Monitoring Requirements
Extra Strength Surcharge Agreement
Compliance Program
Maintenance Access Points
Sampling and Analytical Requirements
Spills
Dental Waste Amalgam Separators
Dry Cleaning Establishments
Grease/Sediment in Interceptors
Garbage Grinders
Pre-Treatment and Self-Monitoring and Reporting
Sewer Connections
Powers/Authorities of the Director
Liability for Damage
Offences

1. Definition

1.1 "Accredited Laboratory" means any laboratory accredited by an authorized accreditation body with a standard based on "ISO/IEC/EN17025 General Requirements for Competence of Calibration and Testing Laboratories" established by the International Organization for Standardization, as amended from time to time;

1.2 "Acute Hazardous Waste Chemicals" means acute, hazardous waste chemicals within the meaning of O. Reg. 347, as amended from time to time, made under the Environmental Protection Act, R.S.O 1990, Chapter E.19 (EPA);

1.3 "Best Management Practices (BMP)" means an integrated plan to control and reduce the release of restricted and prohibited waste into the sewage works to a practicable extent through methods including physical controls, pre-treatment processes, operational procedures and staff training;

1.4 "Biological Oxygen Demand (BOD)" means the 5-day BOD which is the determination of the molecular oxygen utilized during a 5-day incubation period for the biochemical degradation of organic material (carbonaceous demand), and the oxygen used to oxidize inorganic material such as sulphides and ferrous iron;

1.5 "Biomedical Waste" means material as defined in the Ontario Ministry of the Environmental Guideline C-4 entitled "The Management of Biomedical Waste in Ontario" dated April 1994, as amended from time to time;

1.6 "Biosolids" means the product of stabilized organic solid material recovered from the wastewater treatment process;

1.7 "Blowdown Water" means recirculating water that is discharged from a cooling or heating water system for the purpose of controlling the level of water in the system or for the purpose of discharging from the system materials contained in the system, the further build-up of which would impair the operation of the system;

1.8 "Combustible Liquids" means a liquid that has a flash point not less than 37.9 degrees Celsius and not greater that 93.3 degrees Celsius;

1.9 ''Composite Sample" means a sample made up of three (3) or more grab samples that have been combined automatically or manually and taken at intervals during the sampling period;

1.10 "Connection" or "Drain" means that part of those parts of any pipe system or system of pipes leading directly to a sewage works;

1.11 "Cooling Water" means water that is used in a process for the purpose of removing heat that has not, by design, come into contact with raw materials, but does not include blowdown water;

1.12 "Dental Amalgam" means a dental filling material consisting of an amalgam of mercury, silver and other materials such as copper, tin or zinc;

1.13 "Dental Amalgam Separator" means a device to separate dental amalgam particles from dental operation wastewater;

1.14 "Director" means the Director of Water and Wastewater of The Nation Municipality;

1.15 "Discharger" means an owner or operator of industrial, commercial or institutional premises who is discharging sewage, stormwater, cooling water or uncontaminated water into a sewage works;

1.16 "Double Municipal Sewer Connection" means a municipal sewer connection servicing two or more premises;

1.17 "E.coli (Escherichia coli)" means a member of the fecal coliform group of bacteria as defined in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation, latest edition;

1.18 "Fuels" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable substance intended for use as fuel;

1.19 "Grab Sample" means a portion of the discharge from or deposited to the sewage works, that is collected at one instant of time;

1.20 "Groundwater" means water in a saturated zone or stratum beneath the surface of land or below a surface water body;

1.21 "Hauled Sewage" means waste removed from a sewage system, including a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet, or a sewage holding tank;

1.22 "Hauled Liquid Waste" means sewage that is suitable for treatment in a sewage works and is transported to a sewage works for disposal and includes hauled sewage;

1.23 "Hazardous Industrial Waste" means hazardous industrial waste within the meaning of O. Reg. 347, as amended from time to time, made under the Environmental Protection Act, R.S.O. 1990, Chapter E.19 (EPA);

1.24 "Hazardous Waste Chemicals" means hazardous waste chemicals within the meaning of O. Reg. 347, as amended from time to time, made under the Environmental Protection Act, R.S.O. 1990, Chapter E.19 (EPA);

1.25 "Ignitable Waste" means a substance that:

• a) is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has a flash point less than 61 degrees Celsius, as determined by the Tag Closed Cup Tester (ASTM D-56-97a), the Setaflash Closed Cup Tester (ASTM D-3828-97 or ASTM D-3278-96el), the Pensky-Martens Closed Cup Tester (ASTM D-93-097) or as determined by an equivalent test method;
• b) is a solid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a danger;
• c) is an ignitable compressed gas (Class 2, Division D) as defined in the regulations under the Transportation of Dangerous Goods Act, 1992, S.C. 1992, as amended; or
• d) is an oxidizing substance (Class 5, Divisions 1 and 2) as defined in the regulations under the Transportation of Dangerous Goods Act 1992, S.C. 1992, as amended.

1.26 "Industrial" means of or pertaining to industry, manufacturing, commerce, trade, business or institutions as distinguished from domestic or residential;

1.27 "Maintenance Access Point (Manhole)" means an access point in a private sewer connection, large enough for a person to enter to allow observation, sampling and flow measurement of the sewage, uncontaminated water or storm water therein;

1.28 "Matter" means any solid, liquid or gas;

1.29 "Municipal Sewer Connection" means that part of any drain leading from the private sewer connection to the municipal sewer and located within the limits of the public road allowance, or other public lands or public land interests for sewage purposes;

1.30 "Municipality" means the Corporation of The Nation Municipality;

1.31 "Non-Contact Cooling Water" means water which is used to reduce temperature for the purpose of cooling and which does not come in direct contact with any raw material, intermediate product other than heat, or finished product;

1.32 "Pathological Waste" means pathological waste within the meaning of O. Reg. 347, as amended from time to time, made under the Environmental Protection Act, R.S.O. 1990, Chapter E.19 (EPA);

1.33 "PCB" means any monochlorinated or polychlorinated biphenyl or any mixture of them or mixture that contains one or more of them;

1.34 "pH" means the logarithm to the base of 10 of the reciprocals of the concentration of hydrogen ions in grams per litre of solution;

1.35 "Person" includes individual, association, partnership, corporation or municipality and includes an agent or employee of such person;

1.36 "Pesticide" means a pesticide regulated under the Pesticides Act, R.S.O. 1990, Chapter P.11 (PA);

1.37 "Pollution Prevention" means the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and wastes;

1.38 "Pollution Prevention Plan" means a plan that identifies operations or activities of an industrial user and specific pollution prevention methods to be implemented;

1.39 "Private Sewer Connection" means that part of any drain or system of drains, including drains or subsurface drainage pipe for surface or subsurface drainage of the lands in or adjacent to a building, lying within the limits of the private lands and leading to a municipal sewer connection;

1.40 "Reactive Waste" means a substance that:
 

• a) is normally unstable and readily undergoes violent changes without detonating;
• b) reacts violently with water;
• c) forms potentially explosive mixtures with water;
• d) when mixed with water, generates toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment;
• e) is a cyanide or sulphide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment;
• f) is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;
• g) is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure;
• h) is an explosive (Class1) as defined in the regulations under the Transportation of Dangerous Goods Act.

1.41 "Regulation 347" means the general waste management regulation made under Part V of the EPA, as amended, or any successor regulation thereto;

1.42 "Sanitary Sewer" means a sewer for the collection and transmission of domestic or industrial sewage or any combination thereof;

1.43 "Severely Toxic Waste" means waste containing any contaminant listed in Schedule 3 of Regulation 347;

1.44 "Sewage" means any liquid, solid or gas containing organic, inorganic, animal, vegetable or mineral matter in solution or in suspension but does not include storm water or uncontaminated water;

1.45 "Sewage Works" means any works for the collection, transmission, treatment or disposal of sewage, storm water or uncontaminated water, including a sanitary sewer or storm sewer, or any part of such works, but not including plumbing or other works to which the Building Code Act, 1992 applies;

1.46 "Sewer" means a pipe, conduit, drain, open channel or ditch for the collection and transmission of sewage, storm water and/or uncontaminated water or any combination thereof;

1.47 "Spill" means a direct or indirect discharge into the sewage works, storm sewer or the natural environment which is abnormal in quantity or quality in light of all the circumstances of the discharge;

1.48 "Standard Methods" means a procedure or method set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation, latest edition;

1.49 "Storm Sewer" means a sewer for the collection and transmission of uncontaminated water, storm water, drainage from land or from a watercourse or any combination thereof;

1.50 "Storm Water" means water from rainfall or other natural precipitation or from the melting of snow or ice;

1.51 "Subsequent Conviction" means a conviction for an offence which occurs after the date of conviction for an earlier offence under this By-Law;

1.52 "Subsurface Drainage Pipe" means a pipe that is installed underground to intercept and convey water, and includes foundation drain pipes;

1.53 "Total Kjeldahl Nitrogen (TKN)" means the measure of both ammonia and organic forms of nitrogen as defined in Standard Methods for Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation, latest edition;

1.54 "Total PAH's" means the total of all polycyclic aromatic hydrocarbons as defined under Tier 1 and Tier II Substances in the 1994 Canada Ontario Agreement Respecting the Great Lakes Basin Ecosystem as amended from time to time;

1.55 "Uncontaminated Water" means potable water supplied by the Municipality that has not had any matter added to it after it has been supplied and any water to which no matter has been added intentionally or unintentionally;

1.56 "Waste Disposal Site Leachate" means the liquid containing dissolved or suspended contaminants which emanates from the waste and is produced by water percolating through the waste or by liquid in the waste;

1.57 "Waste Radioactive Prescribed Substances" means uranium, thorium, plutonium, neptunium, deuterium, their respective derivatives and compounds and such other substances as the Atomic Energy Control Board may by regulation designate as being capable of releasing atomic energy or as being responsible for the production, use or application of atomic energy;

1.58 "Watercourse" means an open channel, ditch or depression either natural or artificial, in which flow of water occurs either continuously or intermittently.

2. Sanitary Sewer Requirements

2.1 No person shall, directly or indirectly discharge or deposit or cause or permit the discharge or deposit of sewage or any other material into any sanitary sewer in circumstances where:

• a) to do so may cause or result in:
  • i. a health or safety hazard to a person authorized by the Director to inspect, operate, maintain, repair or otherwise work on a sewage works;
  • ii. an offence under the Ontario Water Resources Act or the Environmental Protection Act, as amended from time to time, or any regulation made thereunder from time to time;
  • iii. biosolids from the sewage works to which either sewage discharges, directly or indirectly, fail to meet the objectives and criteria as listed in the Ministry of the Environment publication entitled "Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Land" dated March 1996, as amended from time to time;
  • iv. interfere with the operation or maintenance of a sewage works, or which may impair or interfere with any treatment process;
  • v. a hazard to any person, animal, property or vegetation;
  • vi. an offensive odour to emanate from the sanitary sewer and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, other sulphur compounds, amines or ammonia in such quantity as may cause offensive odour;
  • vii. damage to sewage works infrastructure;
  • viii. an obstruction or restriction to the flow of the sanitary sewer;
  • ix. the presence of toxic gases, vapours or fumes within the sanitary sewage works.
• b) the sewage has one or more of the following characteristics:
  • i. a pH less than 5.5 or greater than 11;
  • ii. two or more separate liquid layers;
  • iii. a temperature greater than 60 degrees Celsius
• c) the sewage contains:
  • i. acute hazardous waste chemicals;
  • ii. combustible liquids;
  • iii. biomedical waste, except where the biomedical waste has been discharged in accordance with the Ministry of the Environment Guideline C-4 entitled "The Management of Biomedical Waste in Ontario" dated December 1994, as amended from time to time and any human blood and body fluids are decontaminated prior to discharge;
  • iv. dyes or colouring materials which, when passed through a sewage works, may discolour the sewage works effluent;
  • v. fuel;
  • vi. hauled sewage except where:
    • the carrier of the hauled sewage is a waste management system operating under a Certificate of Approval or Provisional Certificate of Approval issued under the Environmental Protection Act or is exempt from the requirement to have said certificate;
    • a copy of the most recent Certificate of Approval or Provisional Certificate of Approval and any amendments is provided to the Municipality;
    • the carrier meets all conditions for discharge that are or may be required from time to time by the Municipality, and is therefore granted authorization from the Municipality to discharge into the sewer system or works
  • vii. hauled liquid waste, except where:
    • the carrier of the hauled sewage is a waste management system operating under a Certificate of Approval or Provisional Certificate of Approval issued under the Environmental Protection Act or is exempt from the requirement to have said certificate;
    • a copy of the most recent Certificate of Approval or Provisional Certificate of Approval is provided to the Municipality;
    • hauled waste meets the conditions set out in Clauses 23(3)(c) and 25(5)(b) of O. Reg. 347, R.R.O. 1990, as amended from time to time;
    • the carrier meets all conditions for discharge that are or may be required from time to time by the Municipality;
  • viii. ignitable waste;
  • ix. hazardous industrial waste;
  • x. hazardous waste chemicals;
  • xi. pathological waste;
  • xii. PCB's;
  • xiii. pesticides;
  • xiv. reactive waste;
  • xv. severely toxic waste;
  • xvi. waste radioactive prescribed substances;
  • xvii. waste disposal site leachate, except where:
    • the person has written approval from the Municipality which authorizes the discharge or deposit of the waste disposal site leachate to the sewage works; and
    • in the case where a Certificate of Approval or Order has been issued which includes a provision for the disposal of waste disposal site leachate to the sewage works, a copy of the Certificate of Approval or order is provided to the Municipality or where the person is claiming an exemption, the person has demonstrated to the Municipality that the conditions of the exemption are being met.
• d) The sewage contains a concentration, expressed in milligrams per litre, in excess of any one or more of the limits in Table 1 of this By-Law entitled "Limits for Discharge into Sanitary Sewers", unless:
  • i. the discharge is authorized in a Best Management Practices (BMP) Plan approved by Council;
  • ii. the discharge is in accordance with a valid discharge agreement or compliance program;
  • iii. the person has demonstrated to the Director that one or more of the parameter limits contained in Table 1 cannot be met as a result of water conservation measures and the Director has exercised discretion to impose mass loading limits in addition to or in place of concentration-based limits.
• e) The Municipality may from time to time, adopt Best Management Practices Plan(s) with respect to any class or classes of the industrial sector, and to impose conditions and requirements specific to any such industrial sector that may vary between sectors any way that the Municipality determines to be appropriate.

2.2

• a) The Director may terminate privileges granted under Part 2 of this By-law at any time under circumstances deemed reasonable and the termination will be effective within 30 days of written notice of termination.
• b) Where there is an emergency situation of immediate threat or danger to any person, property, plant or animal life, waters or sewage works, the termination will be effective immediately.

Table 1- Limits for Discharge into Sanitary Sewers

3. Prohibition of Dilution

3.1 No person shall discharge directly or indirectly or deposit or cause or permit the discharge or deposit of sewage into a sanitary sewer, storm sewer, municipal sewer connection or private sewer connection to any sanitary sewer or storm sewer in circumstances where water has been added to the discharge for the purposes of dilution to achieve compliance with this By-Law.

4. Storm Sewer Requirements

4.1 No person shall discharge, directly or indirectly, or deposit or cause or permit the discharge or deposit into or in land drainage works, private branch drains or connections to any storm sewer, matter of any type which may:

• a) interfere with proper operation of a storm sewer;
• b) obstruct or restrict a storm sewer of the flow therein;
• c) damage the storm sewer;
• d) result in any hazard or adverse impact, to any person, animal, property or vegetation;
• e) impairment of the quality of the water in any well, lake, river, pond, spring, stream, reservoir or other water or watercourse;
• f) contravene or result in the contravention of a Certificate of Approval or Provisional Certificate of Approval issued under the Ontario Water Resources Act or the Environmental Protection Act (Ontario) with respect to the storm sewer and/or its discharge;
• g) have one or more of the following characteristics:
  • i. visible film, sheen or discolouration;
  • ii. two or more separate layers;
  • iii. a pH less than 6.0 or greater than 9.0;
  • iv. a temperature greater than 40 degrees Celsius.
• h) contain one or more of the following:
  • i. acute hazardous waste chemicals;
  • ii. biomedical waste;
  • iii. blowdown;
  • iv. combustible liquids;
  • v. floating debris;
  • vi. fuel;
  • vii. hauled sewage;
  • viii. hauled liquid waste;
  • ix. hazardous industrial waste;
  • x. hazardous waste chemicals;
  • xi. ignitable waste;
  • xii. pathological waste;
  • xiii. PCBs;
  • xiv. pesticides;
  • xv. reactive waste;
  • xvi. severely toxic waste;
  • xvii. sewage;
  • xviii. waste radioactive prescribed substances;
  • xix. waste disposal site leachate;
  • xx. a substance from raw materials, intermediate or final product, used or produced in, through or from an industrial process; or
  • xxi. a substance used in the operation or maintenance of an industrial site.
• i) contain E.coli colonies in excess of 200 per 100ml;
• j) contain contaminants from raw materials, intermediate or final products or wastewater from an industrial operation;
• k) contain concentration, expressed in milligrams per litre, in excess of any one or more of the limits in Table 2 of this By-Law entitled "Limits for Discharge into Storm Sewers"; or
• l) impair or is likely to impair the quality of the water in any well, lake, river, pond, spring, reservoir or other water or watercourse.

4.2 A person may be required, by written notice from the Municipality, to perform or undertake one or more of the following activities addressing storm water quality from the person's property:

• a) a study on storm water quality and/or quantity;
• b) modification and/or construction of storm water facilities;
• c) development and implementation of a Best Management Practices Plan (BMP);
• d) adoption and implementation of pollution prevention techniques and measures; or
• e) any other activity set out in the notice.

4.3 A person shall comply with the requirements of a written notice as stipulated in Section 4.2 within the timelines specified in the notice.

Table 2- Limits for Discharge into Storm Sewers

5. Pollution Prevention Plans

5.1 The Municipality may require an industrial sewer user to develop a pollution prevention plan for the discharge of any parameter designated by the Municipality where the industrial sewer user has:

• a) failed to comply with Section 2- Sanitary Sewer Requirements;
• b) failed to comply with Section 4- Storm Sewer Requirements;
• c) failed to comply with a compliance program; or
• d) been responsible for one or more spills to a sewage or land drainage works.

6. Reporting and Self-Monitoring Requirements

6.1 Upon request of the Director, all owners or operators of industrial premises with connections to sewage works or making use of any kind of sewage works shall provide the following information:

• a) the name and address of the premises, the names of its owner and operator, a telephone number or other means by which the owner and operator can be contacted;
• b) description of process operations, including waste discharge rates and contaminant concentrations, and hours of operation;
• c) the names of all raw materials, products, by-products, waste and any other substance or material that is used, produced, discharged or emitted from said premises;
• d) the generator registration number, if any, assigned with respect to the premises under Regulation 347, along with the waste classes for which the registration was being obtained;
• e) the types, volumes, concentrations and frequency of discharge of all substances or materials;
• f) the dimensions, specifications and location of all drainage connections to the sewage works;
• g) the dimensions, specifications and location of all manholes constructed pursuant to this By-Law;
• h) the specifications of all drainage layout plans;
• i) the types of industrial processes, neutralization processes and systems, ion exchange systems, heavy metal absorption systems, on-site treatment facilities and all other processes occurring prior to the discharge of any substance or material into any sewage works; and
• j) all other information, in the opinion of the Director, is reasonable and necessary for the proper treatment and efficient operation and monitoring of the sewage works.

7. Extra Strength Surcharge Agreement

7.1 The discharge of sewage or other sewage related matters that would otherwise be prohibited by this By-Law may be permitted to the extent fixed by an Extra Strength Surcharge Agreement with the Municipality under conditions which may be deemed necessary by the Municipality to compensate for any additional costs of operation, repair and maintenance of the sewage works.

7.2 The Municipality may authorize an Extra Strength Surcharge Agreement to permit exceedences of the parameter limits as set out in Table 1 "Limits for Discharge into Sanitary Sewer".

7.3 A Sanitary Discharge Agreement shall be made for the discharge of sewage that contains water that has originated from a source separate from the Municipal water supply system .

7.4 The agreements contemplated in Subsections 7.2 and 7.3 may be terminated by the Municipality by written notice at any time where there is an emergency situation of immediate threat or danger to any person, property, plant or animal life, water or sewage works.

7.5 A person who has entered into an agreement with the Municipality shall not be prosecuted under Section 2 of this Bylaw for the discharge or deposit of any matter specified in the agreement and in compliance with the agreement during the period within which the agreement is applicable and so long as
the agreement is fully complied with.

7.6 An Extra Strength Surcharge Agreement shall be in the form and of the content as set out by the Director from time to time.

7.7 Where a person has entered into an agreement with the Municipality in respect of the discharge or deposit of sewage, such person shall notify the Director in writing , within no more than 10 days of the occurrence of:

• a) any change in ownership of the property upon or from which the discharge of sewage is occurring;
• b) in the case where such party is a lessee or licensee of the property upon or from which the discharge of sewage is occurring , the termination of such lease or license;
• c) in the case where a corporation is a party to such an agreement, any change in control or majority ownership of the corporation;
• d) in the case where a partnership is a party to such an agreement, any change in the partnership status or the partners;
• e) any change in the manner of discharge or deposit of the sewage by such person.

7.8 An agreement with the Municipality in respect of the discharge or deposit of sewage shall not be assignable or in any way transferable to any other person without the express written authorization of the Municipality.

8. Compliance Program

8.1 The Municipality may require a compliance program to address a non-compliance situation , where a discharge is out of compliance with one or more conditions in Section 2 if, in the opinion of the Director, there are no other practical options available to eliminate the non-complying discharge.

8.2 Every compliance program shall be for a specific length of time during which treatment facilities are to be installed and shall be specific as to the remedial actions to be implemented by the industry, the dates of commencement and completion , and the materials or other characteristics or the matter to which it relates. The final activity completion date shall not be later than the final compliance date specified in the compliance program.

8.3 A person to whom a compliance program has been issued shall submit a compliance program progress report to the Director within 14 days after the scheduled completion date of each activity listed in the compliance program.

8.4 A person to whom a compliance program has been issued shall not be prosecuted under Section 2 of this By-Law for the discharge or deposit of any matter specified in the compliance program during the period within which the compliance program is applicable and so long as the person complies with the
compliance program.

8.5 The Municipality may levy an extra strength sewage service rate as described in Section 8 for non-complying waste specified in the compliance program for the duration in which the compliance program is applicable.

8.6 The Director may require the person to self-monitor for such parameters as specified in the compliance program for the duration in which the compliance program is applicable.

8.7 All costs associated with self-monitoring shall be the responsibility of the person to whom the approved compliance program is issued.

8.8 The Director may terminate a compliance program at any time in the event that the person issued the compliance program fails or neglects to carry out or diligently pursue the activities required of it and the termination shall be effective within 30 days of a written notice of termination.

8.9 A compliance program may be terminated by the Director by written notice at any time where there is an emergency situation of immediate threat or danger to any person, property, plant or animal life, water or sewage works, and the termination shall be effective immediately.

9. Maintenance Access Points (Manholes)

9.1 The owner or operator of commercial , institutional or industrial premises or an apartment/condominium building with one or more connections to a sewage works shall install and maintain in good repair in each connection a suitable maintenance access point to allow observation, sampling and flow measurement of the sewage, uncontaminated water or storm water therein , provided that where installation of a maintenance access point is not possible, an alternative device or facility may be substituted with the written approval of the Director.

9.2 Where there is no maintenance access point meeting the requirements of this By-Law, the Municipality may require in written notification the installation of a maintenance access point within a specified period of time or may permit the use of an alternative device or facility for the purpose of sampling a discharge to the sewage works.

9.3 Maintenance access points required under this By-Law shall be:

• a) located on the property of the discharger as close to the property line as practicable unless the Municipality permits an alternative location;
• b) accessible at all times by the Municipality;
• c) constructed in a manner using good engineering practice and which meets with standards of the Municipality;
• d) maintained to ensure access and structural integrity;
• e) maintained and constructed at the expense of the discharger.

10. Sampling and Analytical Requirements

10.1 The sampling and analysis required by this By-Law shall be carried out in accordance with the procedures, modified or unmodified, as described in Standard Methods, the Ministry of the Environment publication entitled "Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater" dated August 1994, the United States Environmental Protection Agency methods or analytical methods adopted by the Municipality.

10.2 Compliance or non-compliance with this By-Law may be determined by the analysis of a grab sample or a composite sample done in accordance with Subsection 10.1 above. A sample may contain additives for its preservation and may be collected manually or by using an automatic sampling device.

11. Spills

11.1 In the event of a spill to a sewage works, the person responsible shall immediately notify the Municipality, provide any information with respect to the spill that the Municipality requires and
complete any work the Municipality may require to mitigate the spill.

11.2 The person responsible for the spill and the person having the charge, management and control of the spill shall do everything reasonably possible to contain the spill, protect the health and safety of citizens, minimize damage to property, protect the environment, clean up the spill and contaminated residue and restore the affected area to its condition prior to the spill.

11.3 The person shall provide a report on the spill to the Municipality within 5 days after the spill, containing the following information:

• a) location of the spill;
• b) name and phone number of the person who reported the spill and contact information;
• c) date and time of the spill;
• d) material spilled;
• e) characteristics of the material spilled including MSDS sheet;
• f) volume of material spilled ;
• g) duration of the spill event;
• h) work completed and/or still in progress in the mitigation or the spill; and
• i) preventative actions being taken to ensure that the situation does not reoccur

11.4 Where the person responsible for the spill or the person having the charge, management and control of the spill fails or neglects to carry out or diligently pursue the activities required of it in Subsections 11.2 and 11 .3 of this By-Law, the Municipality may take such measures as deemed appropriate to contain the spill, protect the health and safety of its citizens, minimize damage to property, protect the environment, clean up the spill and associated residue and restore the affected area to its condition prior to the spill and recover any associated costs from the person responsible for the spill and/or the person having the charge, management and control of the spill.

12. Dental Waste Amalgam Separators

12.1 Any dental practice within the Municipality must comply with the Dentistry Act, 1991 , S.O. 1991 C. 24, and the regulations thereunder, as amended from time to time, for the disposal of amalgam waste.

12.2 Section 9 of this By-Law does not apply to people who own or operate dental offices. Dental offices shall provide a sampling port consisting of a valve, tap, or similar device consistent with technical guidelines that the Director may establish from time to time.

12.3 Notwithstanding Subsection 12.1, any person operating a business from which dental waste amalgam is or will be discharged directly or indirectly to a sewer, at premises which are constructed or substantially renovated on or after the date that this By-Law comes into force , shall install, operate and properly maintain dental waste amalgam separators in any piping system which is connected directly or indirectly to a sewer.

12.4 Every owner or operator of a business having a dental amalgam separator shall keep a record of separator maintenance including the dates on which cleaning/maintenance occurred, the person or contractor responsible and the method and destination of waste disposal, and upon request these records shall be made available to the Municipality.

13. Dry Cleaning Establishments

13.1 No person shall discharge sewage containing wastewater generated by steam cleaning, except where:

• a) Such wastewater has first been discharged into a condensing tank; and
• b) The design, construction and installation of such tank has been approved by the Chief Building Official; and
• c) The temperature of the wastewater prior to discharge has been reduced to 60 degrees Celsius or lower.

14. Grease/Sediment in Interceptors

14.1 The owner or operator of any premises in which there is commercial , or institutional food preparation shall install a grease and oil interceptor on all fixtures to prevent the release of oil and grease directly or indirectly into a sewer.

14.2 The owner or operator of any premises in which vehicles or equipment are serviced, repaired or washed shall install grease, oil or sand interceptors on all fixtures to prevent the release of
grease, oil or sand directly or indirectly into a sewer.

14.3 All interceptors shall:

• a) be of sufficient capacity and appropriate design to intercept natural oil and grease, synthetic or petroleum oil and grease, gasoline, sand and other sediments likely to flow into it under peak flow conditions;
• b) be located to be readily and easily accessible for cleaning and inspection;
• c) be constructed of impervious materials capable of withstanding abrupt or extreme changes in temperature;
• d) be of substantial construction , watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight, except, when the intercepting trap is for sand only, the cover need not be gastight and watertight; and
• e) be maintained by the owner, at the owner's expense, in continuously efficient operation at all times.

14.4 Where an interceptor has been installed:

• a) the owner or operator is required to produce maintenance records for the preceding 18 months period on request from the Director; and
• b) the Director shall have the right to enter upon the premises at any time to inspect its operation and maintenance.

15. Garbage Grinders

15.1 No person shall install or operate within the Municipality any garbage grinding devices for industrial, commercial or residential purposes the effluent from which will discharge directly or indirectly into the sewage works.

15.2 No person shall replace any existing garbage grinding devices for industrial , commercial or residential purposes installed prior to the passing of this By-Law.

16. Pre-Treatment and Self-Monitoring and Reporting

16.1 The Director may require the owner or operator of industrial premises discharging, or proposing to discharge into the municipal sewage works, effluent exceeding the strength, nature, quantity or quality provided for in this By-Law, to install and maintain a pre-treatment facility or holding tank so that the effluent will be reduced accordingly.

16.2 The pre-treatment facility or holding tank shall be located on the property of the owner or operator of the premises.

16.3 Any pre-treatment facility or holding tank installed as required in Subsection 17.1 shall be designed and constructed in accordance with good engineering practice and the requirements of the Director and shall be constructed and maintained by the owner or operator of the premises at his/her expense.

16.4 The Director may require the owner or operator of the industrial premises to install and maintain devices to monitor sewage, uncontaminated water or storm water discharges and to submit regular reports regarding the discharges to the Municipality.

16.5 A person with a pre-treatment facility or holding tank shall keep a record of cleaning and maintenance and shall produce such a record to the Municipality upon request.

17. Sewer Connections

17.1 General
17.1.1 No Person shall:

• a) Erect or cause or permit to be erected any new building on lands that are serviced by a sanitary sewer unless the new building is connected to the sanitary sewer;
• b) Construct, install , maintain or cause or permit to be constructed, installed or maintained, whether installed prior to the date of the passing of this By-Law or any of its predecessors, a direct or indirect connection to the sanitary sewer connection which would permit anything other than sanitary sewage to discharge into the sewage connection.
• c) Construct, install, maintain or cause or permit to be constructed, installed or maintained a direct or indirect connection to the sanitary sewer connection without authorization and final inspection by the Municipality and all such connections require a clean out at the property line as per municipal standards.

17.1.2 No person shall construct a sewer connection on any road allowance, easement or other public land unless under a contract or agreement with the Municipality.

17.1.3 Responsibility for Private Infrastructure: "The Municipality shall not be held responsible for any damage to or repairs required on infrastructure located within private roads or private subdivisions. Any sewer infrastructure constructed on private property, although subject to initial design and construction standards set forth by the Municipality, remains under the ownership and maintenance responsibility of the property owner or subdivision association . Property owners are obligated to ensure the proper operation, repair, and maintenance of their sewer infrastructure to avoid disruptions to municipal systems or services.

17.1.4 Whenever an existing building is substantially demolished, the existing municipal sewer connections shall be disconnected at the municipal sewers and inspected at the expense of the owner or agent of the building. The owner or agent holding the permit to construct the replacement building shall be required to apply for and pay for the installation of a new municipal sewer connection. For the purpose of this section, an existing building is substantially demolished when more than 50 percent of the exterior walls of the first story above grade are removed whether or not they are subsequently replaced.

17.1.5 An owner or agent who is applying for a permit to construct a replacement building or to disconnect a dwelling from a septic tank to connect to the sanitary sewer connection shall be entitled to use an existing municipal sewer connection , which , upon inspection by the Municipality, is found to be in satisfactory condition. The applicant shall pay for the cost of the inspection, the amount of which shall be determined by the Municipality from time to time.

17.1.6 The Director may order the temporary disconnection of any sewer connection whenever the Director considers it necessary and for as long as necessary to prevent continued or repeated violations of this By-Law and during that time, no person shall use, cause or permit the use of such connection.

17.1 .7 The Director shall not order such temporary disconnection unless the Director has first mailed to the property owner and occupant, if any, a registered letter specifying the nature of the violation of this By-Law and indicating the intention to order temporary disconnection no sooner than 30 days after the date of mailing unless the Director can be satisfied such violations will not continue or reoccur. The cost of the disconnection and reconnection shall be borne by the property owner and shall be payable before any reconnection is made.

17.1.8 Any person desiring a sewer connection shall make an application to the Municipality on forms supplied by the Municipality and accompanied by such plans as may be required and pay the fee for the application. The owner of the property to be served , or the owner's agent, shall sign the application and the owner shall be responsible for the completeness and accuracy of the information furnished on such application and plans.

17.1.9 A sewer connection on public property between the sewer main and private property shall be installed by the owner or agent at their expense. A sewer connection on private property shall be installed by the owner pursuant to a building permit having been previously issued for such purpose by the Municipality and at the expense of the owner or agent.

17.1.10 Methods and materials used on the construction of sewer connections shall resist entry of roots and acid or alkali damage and shall be acceptable to the Director.

17.1.11 Double municipal sewer connections shall not be permitted .

17.1.12 A private sewer connection shall not be installed until:

• a) The municipal sewers to which the sewer connection is made are fully completed and accepted for operation;
• b) The municipal sewer connection is satisfactorily installed;
• c) The backfilling is properly completed around the building and the lot has been sufficiently graded to eliminate the possibility of any ponding on the property and the sub-flooring has been installed over the foundation to prevent entry of storm water which could run off through the private sewer connection;
• d) All existing surface water in the excavation or basement has been pumped out 

17.1.13 In the event that any person constructs a municipal sewer connection in a manner other than provided for herein, the Director may order the re-excavation of the connection for the purpose of inspection and testing, and if necessary, reconstruction of the work, and the Director may have these works performed at the expense of the owner or may disconnect the said sewer connection, in which case it shall not be reconstructed except with the approval of the Director.

17.1.14 Where a private owner has requested an inspection by means of an excavation or closed-circuit television (CCTV) of any existing municipal sewer connection by the Municipality, the owner shall deposit a sum of money with the Municipality, the amount of which shall be determined by the Municipality from time to time. If, upon inspection , a structural problem is found in the municipal portion of the connection , the deposit shall be refunded.

17.1.15 In the event of a lateral blockage from the sewer main to the property line, the clean out is the responsibility of the homeowner should it be determined that the blockage results from or has been produced by the property owner and not the Municipality. All costs incurred by the Municipality to rectify this blockage are the responsibility of the homeowner.

17.1.16 Appropriate lot of level storm water measures are to be used to reduce storm water quantity and improve storm water quality. The direct connection of any drainage works into the municipal storm sewer system is prohibited unless, in the opinion of the Director, there is no practical alternate means of drainage available. Where a new connection is deemed necessary for the servicing of hard surface parking or vehicle access areas, the applicant may be required to submit a storm water management plan identifying the storm water control measures being proposed for the site. Where a new connection is deemed to be necessary for the purposes of providing groundwater drainage, the discharge must be regulated by means of:

• a) A sump pump that must elevate the water via a loop system to an elevation above that of the centre line elevation of the road before being discharged to the private drainage system. No direct or indirect interconnection between the private storm drain system and the sanitary drainage system is permitted. The above systems shall be installed and maintained by the owner or operator of the premises at his expense;
• b) A backwater valve in circumstances where a storm sewer connection is at such an elevation so as to provide gravity flow. The above system shall be installed and maintained by the owner or operator of the premises at his expense.

17.1.17 The owner of any building erected upon lands that abut on a street which is not serviced by storm sewers shall construct a down pipe from the eaves troughs that shall discharge water at a grade with provisions to prevent soil erosion and shall conduct the storm water away from the building in such a manner that the storm water will not accumulate at or near the building and will not adversely affect adjacent properties.

17.1.18 No person shall construct, install, maintain or cause or permit to be constructed , installed or maintained , drainage from any roof water leader or down spout that conveys storm water to the sanitary sewer.

17.2 Inflow and Infiltration of Storm Water into Sanitary Sewer
17.2.1 The owner of any building which has a roof water leader discharging storm water, either directly or indirectly, into the sanitary sewer connection , shall disconnect the down pipe from the underground portions at grade and shall conduct the storm water away from the building in such a manner that the storm water will not accumulate at or near the building and will not adversely affect adjacent properties.

17.2.2 For the purposes of this Section :

• a) "Directly" shall mean by any physical connection or series of connections between the roof water leader and the sanitary sewer system ;
• b) "Indirectly" shall mean any manner whatsoever whereby storm water enters the sanitary sewer system, and for greater certainty, includes any situation where storm water from open joints in underground sewer connections on private property infiltrates the sanitary system;
• c) Notwithstanding the provisions of this Subsection , an owner may request that the Municipality conduct an inspection as provided in Subsection 18.1.13 of this By-Law;
• d) If, as a result of the inspection it is determined that the infiltration of storm water into the sanitary sewer occurs solely as a result of a structural problem in the municipal portion of the connection, the provisions of Subsection 18.1.7 shall not apply;
• e) If, as a result of the inspection it is determined that the infiltration of storm water into the sanitary sewer occurs as a result of structural problems in both the municipal portion and the owner's portion of the connection, the provisions of Subsection 18.1. 7 shall apply to the owner and the deposit will be refunded if the owner completes repairs to the owner's portion of the connection to the satisfaction of the Director.

17.3 Private Swimming Pool Water
17.3.1 The wastewater from a swimming pool or wading pool shall not be discharged directly into a storm drainage system, onto an adjoining property, or over a valley/ravine wall such that it may cause erosion or instability of the valley or ravine slope.
17.3.2 The wastewater from a swimming pool or a wading pool shall be discharged in a controlled manner to the owner's property such that the discharge evaporates or infiltrates into the ground.

18. Powers/Authorities of the Director

18.1 For the purposes of administering or enforcing this By-Law, no person shall prevent, hinder, obstruct or interfere in any way with the Director or any municipal employee or any other person deemed by the Director to be essential to inspection and sampling, bearing proper credentials and identification from :

• a) entering in or upon, at any reasonable time without notice or a warrant, any land or premises, except land or premises being used as a dwelling house;
• b) making such tests or taking such samples as the Director deems necessary;
• c) inspecting or observing any plant, machinery, equipment, work, activity or documents;
• d) making inquiries and taking photographs. 

18.2 Any person who hinders or obstructs the Director by carrying out tests under and enforcing the provisions of this By-Law is guilty of an offence.

18.3 Any person who knowingly provides false information in any report or return required under this By-Law or who willfully withholds information required under this By-Law is guilty of an offence.

18.4 Notwithstanding Subsection 18.1 , the Director may obtain an Order or a Warrant to obtain any information deemed necessary to assess compliance with this By-Law.

19. Liability for Damage

19.1 No person shall uncover, open into, break, alter, damage, destroy, deface or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering with any permanent or temporary device installed in a sewage works for the purposes of flow measuring, sampling and testing of matter, sewage,
uncontaminated water or stormwater.

19.2 Any person discharging matter, sewage, uncontaminated water or stormwater to the municipal sewage works shall be responsible for ensuring that such matter, sewage, uncontaminated water or stormwater conforms at all times to the provisions of this By-Law, and shall be liable for any damage or
expense arising out of any failure to properly check and control such discharge, including the cost of investigation, repairing, cleaning or replacing any part of any municipal sewage works damaged thereby.

20. Offences

20.1 Every person, other than a corporation , who contravenes any provision of Sections 2, 3 or 4 of this By-Law, is guilty of an offence and on conviction is liable to a fine of not more than $10,000.00 for a first offence and not more than $25,000.00 for any subsequent offence.

20.2 Every corporation which contravenes any provision of Sections 2, 3 or 4 of this By-Law is guilty of an offence and on conviction is liable to a fine of not more than $50 ,000.00 for a first offence and not more than $100,000.00 for any subsequent offence.

20.3 Notwithstanding Subsections 20.1 and 20.2, every person who contravenes any provision of any section of this By-Law is guilty of an offence and on conviction is liable for every day or part thereof upon which the offence occurs or continues, to a fine of not more than $5000.00 as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33 , as amended.

20.4 When a person has been convicted of an offence under this Bylaw, the Ontario Superior Court of Justice or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted , issue an Order prohibiting the continuation or repetition of the offence or the doing of any act by the person convicted directed toward continuation or repetition of the offence.

21. And that By-Law #107-2012 be hereby repealed.