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HomeMy WebLinkAboutBy-law No. 2001-087 By-law No. 2001-87 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2001- 87 BEING A BY-LAW TO PROVIDE FOR THE REGULATION OF THE DISCHARGE OF WASTES INTO THE PUBLIC SEWAGE WORKS WHEREAS Paragraph 150 of Section 210 of the Municipal Act R.S.O. 1990, M.45 provides in part that by-laws may be passed by Councils of local municipalities for prohibiting, regulating and inspecting the discharge of wastes into the public sewage works within the municipality; THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: Section I DEFINITIONS 1.1 In this By-law: B.O.D.—defined Coliform count—defined Composite sample—defined Concentration—defined Discharge—defined Grab sample—defined Person—defined pH—defined Phenolic compounds—defined Public sewage works—defined Sanitary sewer--defined Standard methods—defined Storm sewer—defined Storm water—defined Suspended solids—defined Waste—defined Water/Wastewater Superintendent—defined Section II GENERAL PROVISIONS 2.1 Administration—by Water/Wastewater Superintendent 2.2 Entry—on private property—identification—required 2.3 Entry—into dwelling--limitation 2.4 Sample—composite—grab—single—sufficient Section III PROHIBITIONS--DISCHARGES—TO SANITARY SEWERS 3.1 discharge—other than 1 sewer—prohibited 3.2 temperature—greater than 55 degrees Celsius 3.3 fat—oil—grease—origin--animal—vegetable 3.4 oil—grease—origin—animal—vegetable 3.5 pH—range—6.0 to 10.5 3.6 matter--harmful—to sewage works 3.7 matter—harmful to persons 3.8 B.Q.D. —exceeding 300 mg/1 3.9 suspended solids—exceeding 350 mg/1 3.10 concentrations—maximums 3.11 discharge—prohibited waste—permission—conditions By-law No.2001-87 3.12 waste system-installation-details-required Section IV PROHIBITIONS-DISCHARGES --TO STORM SEWERS 4.1 storm water-discharge-into storm sewer 4.2 temperature-greater than 55 degrees Celsius 4.3 fat-oil-grease-origin-animal-vegetable 4.4 fat-oil-grease--origin-non-animal-non-vegetable 4.5 pH-range-6.0 to 10.5 4.6 B.Q.D. -5-day count-exceeding 15 mg/1 4.7 suspended solids-concentrations-exceeding 15 mg/1 4.8 coliform count-exceeding 2,400 per 100 nil 4.9 concentrations-maximum Section V PROHIBITIONS-DISCHARGES TO PUBLIC SEWAGE WORKS 5.1 chemicals-pesticides-herbicide-other-prohibited 5.2 toxic corrosive-radioactive-flammable-prohibited 5.3 sulphur-matter causing offensive odour-prohibited 5.4 solids-larger than 6.7 mm square-prohibited 5.5 storm water-meeting requirements-discharged Section VI COMMERCIAL INSTITUTIONS INDUSTRIAL PREMISES 6.1 grease-sand-dirt-interceptors-screening devices 6.2 screening device-installed-maintained-as required 6.3 manhole-alternative-installed-maintained 6.4 manhole-other-design-construction-maintenance 6.5 manhole-failure to install-maintain-prohibited 6.6 manhole-accessible-at all times 6.7 monitoring devices-reports-required-by Water/Wastewater Superintendent 6.8 monitoring devices-reports-failure to provide 6.9 default of duty-expense-recovery-by Municipality 6.10 charge-lien on land-collected as taxes Section VII ENFORCEMENT 7.1 fine-for contravention 7.2 fine-for contravention-corporation 7.3 continuation-repetition-prohibited-by order Section VIII ENACTMENT 8.1 Effective date 2 By-law No.2001-87 SHORT TITLE WASTE DISCHARGE BY-LAW Part DEFINITIONS 1.1 Definitions In this by-law: B.O.D.—defined "B.O.D." (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in biochemical oxidation of organic matter in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per litre. Coliform count—defined "coliform count" shall mean the number of all coliform bacteria expressed in number of coliform bacteria per 100 millilitres of solution. Composite sample—defined "composite sample" shall mean a sample which is composed of a series of grab samples taken at intervals during the sampling period. Concentration—defined "concentration" shall mean the content of any element or compound relative to the total volume in which it is contained. Discharge—defined "discharge" includes the acts of failing to prevent escape, emitting and releasing. Grab sample—defined "grab sample" is a portion of the flow being sampled,taken at one particular time and place. Person—defines "person" includes an individual, association, partnership, corporation,municipality,provincial or federal agency, or an agent or employee thereof. pH—defined "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per litre of solution. Phenolic compounds—defined "phenolic compounds" shall mean any hydroxy derivative of benzene, or its condensed nuclei. Public sewage works--defined "public sewage works" shall mean all sewers, sewage systems, sewage pumping stations, sewage treatment plants and other works for the collection, acceptance, transmission, treatment and disposal of storm water and liquid-borne wastes. Sanitary sewer—defined "sanitary sewer" shall mean that part of the public sewage works for the transmission of liquid- borne wastes. Standard methods—defined "standard methods" shall mean 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 Pollution Control Federation, the edition currently in use at the date of testing by the City or any agent testing on the City's behalf, or a procedure published by the Ontario Ministry of the Environment, as a standard method or the equivalent of a standard method. 3 By-law No.2001-87 Storm sewer—defined "storm sewer" shall mean a sewer, open channel,ditch or depression the purpose of which is to carry storm water. Storm water—defined "storm water" shall mean surface and rain water,melted snow and ice, swimming pool drain water, uncontaminated water carried in underground drains and groundwater. Suspended solids—defined "suspended solids" shall mean undissolved or insoluble total suspended matter which is borne by a liquid or contained in waste. Waste—defined "waste" includes all manner of liquids and liquid-borne matter, but does not include storm water entering a sewer. Part 2 GENERAL PROVISIONS 2.1 Administration—by Water/Wastewater Superintendent This by-law shall be administered by the Water/Wastewater Superintendent or his designate. 2.2 Entry—on private property—identification—required For the purpose of the administration of this by-law, the Water/Wastewater Superintendent or his designate may, upon production of identification, enter onto any land or premises to observe, to measure the flow of waste or storm water to any sewer and to collect any samples as required. 2.3 Entry—into dwelling—limitation Except under the authority of a search warrant issued under section 158 of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, the Water/Wastewater Superintendent shall not enter any place or room actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 2.4 Sample—composite—grab—single—sufficient Where a sample is required for the purpose of determining the characteristics or contents of the waste or storm water 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 analytical tests, measurements, analyses and examinations of sewage, uncontaminated water and storm water, shall be carried out in accordance with standard methods; (c) for each one of the metals whose concentration is limited under the regulations contained in this by-law, the analysis shall be for the quantity of total metal, which includes all metal both dissolved and particulate. Part 3 PROHIBITIONS—DISCHARGES—TO SANITARY SEWERS 3.1 Discharge—other than in sewer—prohibited Unless permitted to do otherwise under this by-law, no person shall fail to ensure that waste is discharged into a sanitary sewer. 3.2 Temperature—greater than 55 degrees Celsius No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers, waste which is at a temperature in excess of fifty-five (55) degrees Celsius, or one hundred thirty-one (131)degrees Fahrenheit. 4 By-law No.2001-87 3.3 Fat—oil—grease—origin—animal—vegetable No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers, waste which contains more than 100 milligrams per litre of fat, oil, grease or other matter of animal or vegetable origin. 3.4 Oil—grease—origin—non-animal—non-vegetable No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers, waste which contains more than 15 milligrams per litre of oil, grease, and tar or other matter of other than animal or vegetable origin. 3.5 pH—range—6.0 to 10.5 No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers, waste which has a pH lower than 6.0 or greater than 10.5 or which due to its nature or content, becomes less than 6.0 or greater than 10.5 during transmission to a sewage treatment plant. 3.6 Matter—harmful—to sewage works No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers, waste which may be or may become harmful to the public sewage works. 3.7 Matter—harmful—to persons No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers, waste which may be or may become harmful to persons. 3.8 B.O.D. —exceeding 300 mg/1 No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers,waste which has a five day B.O.D. exceeding 300 milligrams per litre. 3.9 Suspended solids—exceeding 350 nig/1 No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers, waste which contains more than 350 milligrams per litre of suspended solids. 3.10 Concentrations—maximums No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in sanitary sewers,waste which contains a concentration of: (a) Aluminum, expressed as Al, in excess of 50 milligrams per litre; (b) Arsenic, expressed as As, in excess of 1.0 milligram per litre; (c) Barium, expressed as Be, in excess of 5 milligrams per litre; (d) Beryllium,expressed as Be,in excess of 5 milligrams per litre; (e) Cadmium, expressed as Cd, in excess of 3 milligrams per litre; (f) Chloride, expressed as Cl, in excess of 1,500 milligrams per litre; (g) Chromium, expressed as Cr, in excess of 5 milligrams per litre; (h) Copper, expressed as Cu, in excess of 5 milligrams per litre; (i) Cyanide, expressed an CN , in excess of 2.0 milligrams per litre; (j) Fluoride, expressed as F, in excess of 10 milligrams per litre; (k) Iron, expressed as Fe,in excess of 50 milligrams per litre; (1) Lead, expressed as Pb, in excess of 5 milligrams per litre; (m)Manganese, expressed an Mn, in excess of 5 milligrams per litre; (n) Mercury,expressed an Hg,in excess of 0.1 milligrams per litre; (o) Molybdenum, expressed as Mo, in excess of 5 milligrams per litre; (p) Nickel, expressed an Ni, in excess of 5 milligrams per litre; (q) Phenolic compounds, in excess of 1.0 milligrams per litre; 5 By-law No.2001-87 (r) Phosphorus, expressed as P, in excess of 10 milligrams per litre; (s) Selenium, expressed as Se, in excess of 5 milligrams per litre; (t) Silver, expressed Ag, in excess of 2 milligrams per litre; (u) Sulphates, expressed as SO4, in excess of 1,500 milligrams per litre; (v) Sulphides, expressed as s,in excess of 2 milligrams per litre; (w)Tin, expressed an Sn, in excess of 5 milligrams per litre; (x) Zinc,expressed as Zn,in excess of 5 milligrams per litre. 3.11 Discharge—prohibited waste—permission—conditions The Water/Wastewater Superintendent may permit the discharge of waste which has a five-day (5) B.O.D. exceeding 300 milligrams per litre and/or contains more than 350 milligrams per litre of suspended solids and/or contains more than 10 milligrams per litre of phosphorous, into a sanitary sewer, notwithstanding any other section of this by-law: (a) if the land from which the wastes are to be discharged is equipped with the following inspection facilities and apparatus, to the satisfaction of the Water/Wastewater Superintendent (i) a flow measuring, sampling and recording device within a compartment which may be kept locked by the municipality and to which no other person shall have access, at a point between the public sewage works and the outlet of all plumbing systems serving the land; and (ii) an observation manhole,having a diameter of not less than 1.2 metres located so as to permit inspection of all wastes being discharged into the public sewage works from the land; (b) and if the public sewage works, in the opinion of the Water/Wastewater Superintendent is capable of accepting the waste; 3.12 Waste system—installation—details—required Details of the construction and operation of any system: (a) which is used to intercept or control the discharge of wastes into the public sewage works; or (b) which is used to provide treatment of wastes, shall be furnished to the Chief Building Official and Water/Wastewater Superintendent upon installation of the system or at the request of the Chief Building Official or Water/Wastewater Superintendent Section IV PROHIBITIONS—DISCHARGES—TO STORM SEWERS 4.1 Storm water—discharge—into storm sewer Unless permitted to do otherwise under this by-law, no person shall fail to ensure that storm water is discharged into a storm sewer. 4.2 Temperature—greater than 55 degrees Celsius No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a storm sewer, storm water which is at a temperature in excess of fifty-five (55) degrees Celsius, or one hundred thirty-one (131) degrees Fahrenheit. 4.3 Fat—oil—grease—origin—animal—vegetable No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a storm sewer, storm water, which contains more than 15 milligrams per liter of fat, oil, grease, or other matter of animal or vegetable origin. 6 By-law No.2001-87 4.4 Fat—oil—grease—origin—non-animal—non-vegetable No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a storm sewer, storm water which contains more than 15 milligrams per litre of fat, oil, grease, or other matter of other than animal or vegetable origin. 4.5 pH—range—6.0 to 10.5 No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a storm sewer, storm water which has a pH lower than 6.0 or greater than 10.5. 4.6 B.O.C.—5-day count—exceeding 15 mgll No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a storm sewer, storm water which contains matter which raises the 5 day B.O.D. to greater than 15 milligrams per litre. 4.7 Suspended solids—concentrations—exceeding 15 mg/i No person shall discharge or deposit of cause or permit to be discharged or deposited,into or in a storm sewer, storm water which contains suspended solids at a concentration in excess of 15 milligrams per litre. 4.8 Coliform count—exceeding 2,400 per 100 ml No person shall discharge or deposit or cause or permit to be discharged or deposited, into or in a storm sewer, storm water which contains organic matter which raises the coliform count to greater than 2,400 per 100 milliliters of volume. 4.9 Concentrations—maximum No person shall discharge or deposit, or cause or permit to be discharged or deposited, into or in a storm sewer, storm water which contains a concentration of: (a) Aluminum, expressed as Al, in excess of 1.0 milligrams per litre; (b) Arsenic, expressed as As, in excess of 0.2 milligram per litre; (c) Barium, expressed as Be, in excess of 0.1 milligrams per litre; (d) Beryllium, expressed as Be,in excess of 1.0 milligrams per litre; (e) Cadmium, expressed as Cd, in excess of 0.008 milligrams per litre; (f) Chlorides, expressed as Cl, in excess of 1,500 milligrams per litre; (g) Chlorine, expressed as C12 in excess of 1.0 milligrams per litre; (h) Chromium, expressed as Cr, in excess of 0.2 milligrams per litre; (i) Copper, expressed as Cu, in excess of 0.04 milligrams per litre; (j) Cyanide, expressed an CN , in excess of 0.1 milligrams per litre; (k) Fluoride, expressed as F, in excess of 2.0 milligrams per litre; (1) Iron, expressed as Fe, in excess of 1.0 milligrams per litre; (m)Lead, expressed as Pb, in excess of 0.12 milligrams per litre; (n) Manganese, expressed an Mn, in excess of 1.0 milligrams per litre; (o) Mercury, expressed an Hg, in excess of 0.001 milligrams per litre; (p) Nickel, expressed an Ni, in excess of 0.08 milligrams per litre; (q) Phenolic compounds, in excess of 0.02 milligrams per litre; (r) Phosphorus, expressed as P, in excess of 0.4 milligrams per litre; (s) Selenium, expressed as Se,in excess of 0.2 milligrams per litre; (t) Silver, expressed Ag, in excess of 0.12 milligrams per litre; (u) Sulphates,expressed as SO4, in excess of 1,500 milligrams per litre; (v) Tin, expressed an Sn, in excess of 1.0 milligrams per litre; (w)Zinc, expressed as Zn, in excess of 0.05 milligrams per litre. 7 By-law No.2001-87 Section V PROHIBITIONS—DISCHARGES—TO PUBLIC SEWAGE WORKS 5.1 Chemicals—pesticides—herbicide—other—prohibited No person shall discharge or deposit or cause or permit to be discharged or deposited, matter of a kind listed below into a public sewage works: (a) Pesticide (b) Herbicide (c) Fuel oil (d) Gasoline (e) Benzene (f) Naphtha (g) Acetone (h) Ammonia (i) Carbon disulphide (j) Chlorine (k) Bromine (I) Trichloroethylene or perchloroethylene (m)Sulphur dioxide (n) Pyridine (o) Formaldahyde 5.2 Toxic corrosive—radioactive—flammable—prohibited No person shall discharge or deposit or cause or permit to be discharged or deposited, into a public sewage works, matter which has toxic, corrosive, radioactive, flammable or noxious properties. 5.3 Sulphur—matter causing offensive odour—prohibited No person shall discharge or deposit or cause or permit to be discharged or deposited, into a public sewage works, matter that may cause an offensive odour to emanate from the public sewage works, and without limiting the generality of the foregoing, the discharge of any concentration of hydrogen sulphide, carbon disulphide, reduced sulphur compounds, amines or ammonia. 5.4 Solids--larger than 6.7 mm square—prohibited No person shall discharge or deposit or cause or permit to be discharged or deposited, into a public sewage works, waste or storm water containing any matter which will not pass through a screen having openings not larger than 6.7 millimetres square. 5.5 Coloured matter—concentration—dilution factor No person shall discharge or deposit or cause or permit to be discharged or deposited, into a public sewage works, waste or storm water containing coloured matter, which would require a dilution in excess of four (4) parts of distilled water to one (1) part of such waste or storm water to dissipate the colour. 5.6 Storm water—meeting requirements—discharged Waste which meets the requirements of this by-law concerning storm water may be deemed by the Drainage Superintendent and Water/Wastewater Superintendent to be storm water and shall be discharged into a storm sewer. 8 By-law No.2001-87 Section VI COMMERCIAL INSTITUTIONS INDUSTRIAL PREMISES 6.1 Grease—sand—dirt—interceptors—screening devices The Water/Wastewater Superintendent may require the owner or occupant of commercial, institutional or industrial premises with one or more connections to the public sewage works to install and maintain in good repair in each connection a suitable device to prevent the entry of grease, oil, sand and dirt into the public sewage works. 6.2 Screening device—installed—maintained—as required No person shall fail to install or maintain a suitable device to prevent the entry of grease, oil, sand and dirt into the public sewage upon being required to do so by the Chief Building Official or WaterlWastewater Superintendent. 6.3 Manhole--alternative—installed—maintained The Water/Wastewater Superintendent may require the owner or occupant of commercial, institutional or industrial premises with one or more connections to the public sewage works to install and maintain in good repair in each connection a suitable manhole having a diameter of not less than 1.2 metres to allow observation, sampling and measurement of the flow therein, provided that where installation of a manhole is not possible, an alternative device or facility may be substituted with the approval of the Water/Wastewater Superintendent. 6.4 Manhole—other—design—construction—maintenance Every manhole, device or facility installed as required by this by-law shall be designed and constructed in accordance with good engineering practice to the satisfaction of the Chief Building Official and Water/Wastewater Superintendent and shall be constructed and maintained on the land of the owner or occupant of the premises, at the owner's or occupant's expense. 6.5 Manhole—failure to install—maintain—prohibited No person shall fail to install or maintain in good repair a manhole, device or facility that meets the standards of this by-law upon being required to do so by the Chief Building Official and Water/Wastewater Superintendent. 6.6 Manhole—accessible—at all times No person required to install a manhole, device or facility shall fail to ensure such manhole, device or facility is accessible at all times for the purposes of observing, sampling and measuring the flow of sewage therein. 6.7 Monitoring devices—reports—required—by Engineer The owner or occupant of commercial, institutional or industrial premises shall, at the discretion of Water/Wastewater Superintendent, install devices to monitor discharges to the satisfaction of the Water/Wastewater Superintendent, and if required to do such installation, shall submit regular reports regarding such discharges to the Water/Wastewater Superintendent. 6.8 Monitoring devices—reports—failure to provide No person shall fail to install a device to monitor discharges or fail to submit regular reports regarding such discharges when required to do so by the Water/Wastewater Superintendent. 6.9 Default of duty—expense—recovery--by the Municipality Where the owner or occupant of commercial, institutional or industrial premises does not install or maintain each manhole device or facility required under this by-law, such installation or maintenance may be done at the direction of the Chief Building Official or Water/Wastewater Superintendent at the expense of the owner or occupant and the Municipality may recover the expense incurred in doing such work by action or in like manner as municipal taxes. 6.10 Charge—lien on land—collected as taxes Any charge based upon the rates set out in Schedule "A" of this by-law is a lien and charge upon the land in respect of which it was made and if the charge of any part thereof remains unpaid after due date, the amount unpaid may be collected by distress upon the goods and chattels of such owner or occupants, or the Clerk of the municipality upon notice to him of the amount due, the person by whom it is due and the land upon which a lien is claimed, shall enter the same 9 By-law No.2001-87 upon the collector's roll, and the collector shall proceed to collect it in the same way, as nearly as may be, as municipal taxes are collectable. Section VII ENFORCEMENT 7.1 Fine—for contravention Any person who contravenes any section of this by-law is guilty of an offence and upon conviction is liable for a fine of not more than $10,000.00 for a first offence and not more than $25,000.00 for any subsequent offence under the by-law. 7.2 Fine—for contravention—corporation Notwithstanding any other provision of this by-law, a corporation upon conviction of a contravention of this by-law is liable for a fine of not more than $50,000.00 for a first offence and not more than $100,000.00 for any subsequent offences. 7.3 Continuation—repetition—prohibited—by order The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. Section VIII ENACTMENT 8.1 Repeal By-law No. 84-4, passed by the former Village of Port Burwell March 26, 1984, be and the same is hereby repealed. 8.2 By-law Effective Date This by-law comes into force and affect upon final passing thereof. READ A FIRST AND SECOND TIME this 4th day of October,2001. READ A THIRD TIME AND FINALLY PASSED this 4th day of October,2001. Arta,,,r-elf .•••• MAYO CLERK 10