Control of Discharges of Municipal Sewers

CORPORATION OF THE NATION MUNICIPALITY

BY-LAW NO. 6-2025

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:

1. DEFINITIONS

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.

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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, spe"