Sewer Use By-law 2013-68

In this by-law:

(1) "Accredited laboratory" means any laboratory accredited by an authorized accreditation body in accordance with a standard based on "ISOIIEC/EN 17025: General Requirements for Competence of Calibration and Testing Laboratories" established by the International Organization for Standardization, as amended from time to time, or an equivalent standard that is acceptable to the Town;

(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
"EPA" , R.S.O. 1990 c.E. 19 "EPA";

(3) "Best management practices plan" means a plan to improve waste management processes containing requirements and practices to reduce or control contaminants Discharged from a Site;

(4) "Biochemical oxygen demand" or "BOD" means the molecular oxygen utilized in a sample, including Sewage, Storm Water, uncontaminated water, and any other substance to which this by-law applies during a 5-day incubation period for the biochemical degradation of organic material (carbonaceous demand), including
the oxygen used to oxidize inorganic material such as sulphides, ferrous iron, and where an inhibiting chemical has been added to prevent ammonia oxidation;

(5) "Biosolids" means organic solid material recovered from the municipal wastewater treatment process;

(6) "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;

(7) "Combustible liquid" means a liquid that has a flash point not less than 37.8 degrees Celsius and not greater than 93.3 degrees Celsius

(8) "Cooling water" means water that is used in an Industrial process, for the purpose of removing heat, that comes into contact with any raw material, intermediate product, waste product or finished product, but does not include Blowdown Water;

(9) "Discharge" when used as a verb, includes add, deposit, emit, release or leak and, when used as a noun, includes addition, deposit, emission, release or leak;

(10) "Discharger" means an individual, association, partnership, corporation, or Town in occupation or having the charge, management, or control of a plant, Sewage, Storm Water or uncontaminated water to which this by-law applies and includes an agent or employee of such a person;

(11) "Emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to person or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise;

(12) "Enforcement officer" means a person authorized by the Town to enforce this bylaw;

(13) "EPA" Environmental Protection Act, as amended from time to time, R.S.O. 1990 c.E. 19 (EPA);

(14) "Fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any Ignitable Substance intended for use as a fuel;

(15) "Grab sample" means a sample of a Discharge into a Sewage Works;

(16) "Hauled Sewage" means waste, other than Industrial waste, removed from a Sewage Works or 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;

(17) "Hauled waste" means any Industrial waste other than Hauled Sewage which is transported to and deposited into any location in the Sewage Works excluding Hauled Sewage;

(18) "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 "EPA" , R.S.O. 1990 c.E. 19;

(19) "Hazardous waste chemicals" means hazardous waste chemicals within the meaning of O.Reg.347, as amended from time to time, made under the "EPA", R.S.O. 1990 C.E. 19;

(20) "Ignitable substance" means:

     (i) 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-3278-96e1), the Pensky-Martens Closed Cup
     Tester (ASTM D-93-97), or as determined by an equivalent test method;

     (ii) 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, bums so vigorously and
     persistently that it creates a danger;

     (iii) 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;

     (iv) 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;

(21) "Industrial" means of or pertaining to industry, manufacturing, commercial, trade, business, or institutions as distinguished from domestic or residential;

(22) "Land drainage works" includes a drain constructed by any means which is owned by the Town and located within the limits of a public road allowance or other public lands or public land interests held for public utility purposes which mayor may not connect to a Storm Sewer, and a drain constructed by any means that connects directly or indirectly to a Town Storm Sewer or any other drainage works;

(23) "Maintenance access point" means an access point to allow for maintenance as well as observation, sampling and flow measurement of Discharges to or in a Sewage Works;

 
(24) "Natural environment" means the air, land and water, or any combination or part thereof;

(25) "OWRA" Ontario Water Resources Act, as amended from time to time, made under the Environmental Protection Act, RS.O. 1990 c.E. 19 (EPA);

(26) "Pathological waste" means pathological waste within the meaning of O.Reg.347, as amended from time to time, made under the "EPA" , RS.O. 1990 c.E. 19 (EPA);

(27) "PCBs" means any monochlorinated or poly-chlorinated biphenyl or any mixture of these or mixture that contains one or more of them;

(28) "Pesticide" means a Pesticide as defined and regulated under the Pesticides Act, RS.O. 1990, c.P. (PA);

(29) "Pollution prevention" means the use of processes, practices, materials or products that avoid, reduce or minimize the creation of pollutants and wastes at the source which may include recycling, process changes, control mechanisms, efficient use of resources and material substitution;

(30) "Pollution prevention plan" means a four (4) year plan that identifies operations or activities at a Site and Pollution Prevention activities and actions to be implemented within the four (4) year period;

(31) "Reactive substance" means a substance that:

     (i) is normally unstable and readily undergoes violent changes without detonating,

     (ii) reacts violently with water,

     (iii) forms potentially explosive mixtures with water,

     (iv) when mixed with water, generates toxic gases, vapours or fumes in a quantity sufficient to present
     danger to human health or the environment,

     (v) 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,

     (vi) is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated
     under confinement,

     (vii) is readily capable of detonation or explosive decomposition or reaction at standard temperature and
     pressure, or

     (viii) is an explosive (Class 1) as defined in the regulations under the Transportation of Dangerous Goods
     Act, 1992, S.C. 1992, as amended;

(32) "Sanitary sewer" means a sewer for the collection and transmission of domestic, residential, commercial or Industrial Sewage, or any combination thereof;

(33) "Severely toxic waste" means any contaminant listed in Schedule 3 of O.Reg.347, as amended from time to time, made under the "EPA" , R.S.O. 1990 c.E.19;

(34) "Sewage" means any liquid, solid or gas containing organic, inorganic, animal, vegetable or mineral matter in solution or in suspension and includes things that float but does not include Storm Water or uncontaminated water;

(35) "Sewage Works" means any works owned by the Town used for the collection, transmission, treatment or disposal of Sewage, Storm Water or uncontaminated water and includes a Sanitary Sewer, Storm Sewer, and Land Drainage Works;

(36) "Site" means any Industrial location capable of discharging to a Sewage Works covered by this by-law;

(37) "Spill" means a direct or indirect Discharge or deposit to the Sewage Works or the natural environment which is abnormal in quantity or quality in light of all the circumstances of the Discharge or deposit;

(38) "Standard Methods" means a procedure or method set out in the most recent edition of "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, or the Ontario
Ministry of the Environment's equivalent of a standard method;

(39) "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 and includes surface runoff;

(40) "Storm Water" means water from rainfall or other natural precipitation or from the melting of snow or ice;
(41) "Town" means The Corporation of the Town of Bradford West Gwillimbury;

(42) "Uncontaminated water" means potable water supplied by the Town 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;

(43) "Waste disposal site leachate" means the liquid containing dissolved or suspended contaminants which emanates from waste and is produced by water percolating through the waste or by liquid in the waste;

(44) "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 designate as being capable of releasing atomic energy or as being requisite for the production, use
or application of atomic energy.

(1) No Discharger shall cause or permit the deposit or Discharge of Sewage into a Sanitary Sewer in circumstances where,

     (a) to do so may cause or result in:

          (i) a health or safety hazard to a Sewage Works operator authorized to inspect, operate, maintain,
          repair or otherwise work on a Sewage Works;

          (ii) an offence under of the Ontario Water Resources Act "OWRA" or the "EPA", 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, to fail to
          meet the objectives and criteria set out 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) interference with the operation or maintenance of a Sewage Works;

          (v) an offensive odour to emanate from the Sewage Works that is detectable within the vicinity of the
          Sewage Works, and includes, without limiting the generality of the foregoing, Sewage containing
          hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such
          quantities as may cause an offensive odour;

          (vi) damage to the Sewage Works; or

          (vii) an obstruction or restriction to the flow in the Sanitary Sewer.

     (b) the Sewage has one or more of the following characteristics:

          (i) a pH less than 6.0 or greater than 9.5;

          (ii) two or more separate layers; or

          (iii) a tmperature greater than 60 degrees Celsius.

     (c) the Sewage contains:

          (i) Acute Hazardous Waste Chemicals;

          (ii) Combustible Liquid;

          (iii) Fuel;

          (iv) Hauled Sewage, except where:

               (a) the carrier of the Hauled Sewage is a waste management system operating under a
               environmental compliance approval, provisional environmental compliance approval or order issued
               under the "EPA" or a regulation under the "EPA", including a regulation to exempt the system from
               the requirement of a approval or provisional environmental compliance approval;

               (b) a copy of the most recent approval or provisional approval and any amendment is provided to
               the Town; and

               (c) the carrier meets all conditions for Discharge that are or may be required from time to time by
               the Town in a Notice of Exception;

               (d) the Discharger has successfully registered with the Town for the Discharge of Hauled Sewage
               and the Town has authorized the Discharger's access to the Sewage Works for this purpose.

          (v) Hauled Waste, except where:

               (a) the carrier of the Hauled Waste is a waste management system operating under a environmental
               compliance approval, provisional environmental compliance approval or order issued under the "EPA"
               or pursuant to a regulation made under the "EPA", including a regulation exempting the system from
               the requirement to have a approval or provisional environmental compliance approval;

               (b) a copy of the most recent approval, provisional approval or order and any amendment is
               provided to the Town;

               (c) Hauled Waste meets the conditions set out in clauses 23(3)(c) and 25(5)(b) of O.Reg 347 of the
               "EPA", R.R.O. 1990, as amended from time to time; and

               (d) the carrier meets all conditions for Discharge that are or may be required from time to time by
               the Town in a Notice of Exception;

          (vi) Hazardous Industrial Waste;

          (vii) Hazardous Waste Chemicals;

          (viii) Ignitable Substance;

          (ix) Pathological Waste

          (x) PCBs, except where:

               (a) the Discharger has a environmental compliance approval for a mobile Site or PCB mobile waste
               disposal system issued under the "EPA" or where the Discharger is claiming an exemption under a
               regulation, the Discharger has demonstrated to the Town that the conditions of the exemption are
               met;

               (b) a copy of the most recent approval or provisional approval and any amendment is provided to
               the Town;

               (c) the Discharger has written notice from the Town for the Discharge of the PCBs to the Sewage
               Works; and

               (d) the Discharge or deposit does not exceed a concentration of 0.005 mg/L of PCBs;

          (xi) Pesticide;

          (xii) Reactive Substance;

          (xiii) Severly Toxic Waste;

          (xiv) Waste Radioactive Prescribed Substances, except where:

               (a) the Waste Radioactive Prescribed Substances are being Discharged under a valid and current
               license issued by the Atomic Energy Control Board or its successor; and

               (b) a copy of the license has been provided to the Town; or

          (xv) Waste Disposal Site Leachate, except where:

               (a) the Discharger has written approval from the Town which authorizes the Discharge or deposit of
               the to the Sewage Works; and

               (b) a environmental compliance approval, provisional environmental compliance approval or order
               has been issued which includes a provision for the disposal of waste disposal Site leachate to a  
               Sewage Works, a copy of the environmental compliance approval, provisional environmental
               compliance approval or order is provided to the Town, or where the Discharger is claiming an
               exemption pursuant to a regulation, the Discharger has demonstrated to the Town that the
               conditions of the exemption are being met; or

          (xvi) a concentration, expressed in milligrams per litre or micrograms per litre, which exceeds anyone or
          more of the limits in Table 1 of this by-law entitled "Limits for Sanitary Sewer".

(2) The Discharge of Storm Water to a Sanitary Sewer is prohibited except where the Town has provided a written Notice of Exception to the Discharger and so long as the person to whom the Notice of Exception is directed is complying with any terms and conditions in the Notice of Exception.

(3) The Town may provide an exception to the prohibition in 2(2) in Emergency situations by issuing a written Notice of Exception to the person discharging Storm Water into a Sanitary Sewer.

(4) No Discharger shall cause or permit the Discharge or deposit of Cooling Water or Uncontaminated Water into a Sanitary Sewer except where:

     (a) the Discharger provides written notice to the Town within 6 months after the bylaw is enacted
     identifying Discharges which have been permitted by the Town or its predecessor prior to the enactment of
     this by-law and the Town provides a written Notice of Acceptance, or

     (b) the Discharger has entered into an agreement with the Town regarding the Discharge prior to any
     Discharge and the Discharger is complying with the Notice of Acceptance.

(5) No Discharger shall Discharge or deposit water to a Sanitary Sewer where the water originates from a source separate from the potable water supplied by the Town except where the Discharger:

     (a) provides written notice to the Town setting out the amount of water, location of the water source, and
     address of the Discharger where the water is being used and from which it is being Discharged;

     (b) provides the Town with a copy of a valid Permit to Take Water "PTTW" in respect of the taking of the
     water that is being Discharged or deposited, where such a Permit to Take Water is required by the "OWRA",
     R.S.O. 1990, c.O.14, as amended; and

     (c) has entered into a Discharge Agreement with the Town regarding the Discharge, prior to any Discharge,      and the Discharger is complying with the terms of that agreement.

(6) Notwithstanding subsection 2(5), where a Discharger has been discharging or depositing water to a Sanitary Sewer prior to the enactment of this by-law and the Discharger provided to the Town or its predecessor written notice of the Discharge, the Discharger is permitted to continue to Discharge or deposit water provided that, within 6 months after the by-law is enacted the Discharger:

     (a) provides the Town written notice specifying the amount of water being Discharged or deposited, the
     location of the water source, the address of the premises from which the water is being used and from
     which it is being Discharged;

     (b) provides the Town with a copy of a valid "PTTW" in respect of the taking of the water that is being
     Discharged or deposited, where such a "PTTW" is required by the "OWRA", R.S.O. 1990, c.O.14, as
     amended; and

     (c) the Discharger has entered into a Discharge Agreement with the Town regarding the Discharge, prior to
     any Discharge, and the Discharger is complying with the terms of that agreement.

(1) No person shall Discharge or cause or permit the Discharge of a substance into a Sewage Works in circumstances where water has been added to the Discharge for the purposes of dilution such that after dilution the Discharge does not contravene Part 2 or Part 4 of this by-law.

(1) No Discharger shall cause or permit the deposit or Discharge of Cooling Water, Storm Water or Uncontaminated Water to a Storm Sewer or to Land Drainage Works if the deposit or Discharge:

     (a) interferes with the proper operation of a Storm Sewer or Land Drainage Works;

     (b) obstructs or restrict a Storm Sewer or Land Drainage Works or the flow therein;

     (c) damages the Storm Sewer or Land Drainage Works;

     (d) results in any hazard or other adverse impact, to any person, animal, property, or vegetation;

     (e) impairs or is not likely to impair the quality of the water in any well, lake, river, pond, spring, stream,
     reservoir or other water or watercourse;

     (f) contravenes or result in the contravention of a approval or provisional environmental compliance
     approval or order issued under the Ontario Water Resources Act or the "EPA";

     (g) has one or more of the following characteristics:

          (i) two or more separate layers; or,

          (ii) a pH less than 6.0 or greater than 9.5;

     (h) contains one or more of the following:

          (i) Acute Hazardous Waste Chemicals

          (ii) Combustible Liquids;

          (iii) Floating debris;

          (iv) Fuel;

          (v) Hauled Sewage;

          (vi) Hauled Waste;

          (vii) Hazardous Industrial Waste;

          (viii) Hazardous Waste Chemicals;

          (ix) Ignitable waste;

          (x) Pathological Waste;

          (xi) PCBs;

          (xii) Pesticides;

          (xiii) Reactive waste;

          (xiv) Severely Toxic Waste;

          (xv) Sewage;

          (xvi) Waste Radioactive Prescribed Substances;

          (xvii) Waste Disposal Site Leachate;

          (xviii) a substance from raw materials, intermediate or final materials, used or produced in, through or
          from an Industrial process; or

          (xix) a substance used in the operation or maintenance of an Industrial Site;

          (xx) a concentration, expressed in milligrams per litre or micrograms per litre, which exceeds anyone or
          more of the limits in Table 2 of this by-law entitled "Limits for Storm Sewer".

(2) A Discharger may be required, by written notice from the Town, to complete one or more of the following activities addressing Storm Water from the Discharger's Site:

     (a) a study on stormwater quality and/or quantity;

     (b) modification and/or construction of stormwater facilities;

     (c) development and implementation of a Best Management Practices Plan;

     (d) adoption and implementation of Pollution Prevention techniques and measures; or

     (e) any other activity set out in the notice.

(1) Prior to any Discharge of Sewage, Storm Water, Cooling Water or Uncontaminated Water to a Sewage Works, a Discharger shall complete and submit to the Town a "Short Version of the Discharger Information Report".

(2) The Town may provide to a Discharger a written Notice of Report requiring the Discharger to complete and submit a "Discharger Information Report", where in the opinion of the Town, the Discharger may have a significant impact on the Sewage Works.

(3) Notwithstanding subsection 5(1), where an Discharger has been discharging Sewage, Storm Water, Cooling Water or Uncontaminated Water to a Sewage Works prior to the enactment of this by-law and the Discharger provided to the Town or its predecessor written information on their Sites, the Discharger is permitted to continue to Discharge or deposit provided that, within 6 months after the by-law is enacted, the Discharger
provides to the Town the report referred to in subsection 5(1) unless the Town has provided the Discharger with a written notice waiving the requirement to submit the report.

(4) Any Discharger who has been given a written notice by the Town waiving the requirements of 5(1) shall provide the Town with whatever information the Town has required in the written notice and within the time period set out in the notice.

(5) Any Discharger who is discharging or depositing Sewage, Storm Water, Cooling Water or uncontaminated water to a Sewage Works shall provide written notice of any change in the information in the reports required under subsections 5(1), 5(2) or 5(4) and such notice shall include details of the nature of the change and any analysis of the Discharge and its potential effect on the municipal Sewage Works into which it is being Discharged or deposited and be submitted to the Town within thirty (30) days.

(1) Where Sewage is Discharged to a Sanitary Sewer, the Town may enter into an extra strength surcharge agreement with a Discharger to permit exceedences of the limits set out in clause 2(1)(c)(xvi) for anyone or more of the following parameters, provided that the limits in the agreement for these parameters are not set at a standard lower than any set in a environmental compliance approval, provisional environmental compliance approval, program approval, or order or any regulation made under the EPA or OWRA or are otherwise prohibited by a regulation under the EPA or OWRA or a approval or provisional environmental compliance approval, a program approval or an order:

     (a) Biochemical Oxygen Demand (5 Day);

     (b) Phosphorus, Total; or

     (c) Suspended Solids, Total.

(2) An Extra Strength Surcharge Agreement may contain terms and conditions, including terms and conditions related to the calculation and payment for the Discharge.

(3) During the term of an extra strength surcharge agreement, the Discharger is exempt from meeting the limits set out in clause 2(1)(c)(xvi) for the parameter(s) included in the Agreement, provided that all of the terms and conditions in the Agreement are met.

(4) Notwithstanding subsection 5(5), where a Discharger has entered into an Extra Strength Surcharge Agreement, any change in the information required in Part 5 must be submitted to the Town prior to the change to allow sufficient assessment of the impact of the change on the agreement.

(5) The Town may terminate an extra strength surcharge agreement at any time and for any reason, including a failure to meet the conditions in the agreement, and the termination will be effective within seven (7) days of a written notice of termination.

(6) A surcharge agreement shall not be assignable or transferrable by the Discharger without the express written approval of the Town.

(7) Any surcharge agreement that was executed by the Town before the day this by-law is enacted and has not expired will continue to remain in force unless the agreement is terminated by the Town in accordance with subsection 6(5) of this by-law or by the Discharger in accordance with the appropriate provisions of the surcharge agreement.

(8) Without restricting the generality of the foregoing, the surcharge fees payable by a Discharger under a surcharge agreement shall be calculated by the following formula for each parameter subject to the surcharge agreement:

S_p  =  (C_p - L_p) x V x R_p /1000

          Where,

          S_p  =  the surcharge fee payable for a parameter during a given time period ($)

          C_p = the average concentration of the parameter in Discharges during the time period (mg/L)

          L_p = the concentration limit of the parameter listed in Table 1 (mg/L)

          V = the volume of Discharge during the time period (m³)

          R_p = the applicable surcharge rate for the parameter ($/kg)

          1000 = a conversion factor

(1) A Discharger may submit to a Town a proposal for a compliance plan to prevent, reduce or control the Discharge of Sewage that is not in compliance with this by-law.

(2) The Town may enter into a compliance plan agreement with the Discharger to allow the Discharger to carry out the compliance plan submitted under subsection 7(1) or the plan as modified by the Town.

(3) The compliance plan agreement shall, at a minimum, include terms:

     (a) detailing the non-compliance situation and, where the non-compliance is in respect of the parameters
     and limits in clause 2(1)(c)(xvi), setting alternative interim limits for the parameters;

     (b) setting a fixed term;

     (c) detailing the compliance plan;

     (d) requiring reporting to the Town on progress towards compliance;

     (e) allowing the Town to terminate the agreement immediately, without notice to the Discharger, where the
     Town is of the opinion that:

          (i) there is an immediate threat or danger to any person, animal, property, or vegetation;

          (ii) the Discharger fails or neglects to implement or pursue implementation of the actions required
          under the approved compliance program or otherwise fails to comply with the terms and conditions of
          an approval; or

          (iii) any other adverse impact to the Sewage Works, and;

     (f) Providing for how notice in paragraph 7(3)(e) will be given to a Discharger.

(4) Where a Discharger has entered into a compliance plan agreement and that agreement is terminated, the Discharger shall immediately comply with all provisions of this by-law.

(5) Where required by the Town pursuant to an approved compliance plan, the Discharger shall install at the Site, and prior to the sampling point, a wastewater pretreatment facility at the Discharger's expense and shall ensure,

     (a) the design, installation, operation and maintenance of the pretreatment facility achieves the treatment
     objectives established by the approved compliance plan and is in accordance with the manufacturer's
     guidance and recommendations;

     (b) any waste products from the pretreatment facility are disposed of in a manner which is safe and in
     accordance with all applicable laws; and

     (c) all documentation pertaining to the pretreatment facility and waste disposal shall be made available to
     an Enforcement Officer, and upon request, copies are provided in the requested manner and format at no
     charge to the Town. This documentation shall be kept on Site for,

          (i) a minimum of two years, in the case of operational and maintenance documents or records,
          documents relating to waste disposal, records of sampling and analysis results; and

          (ii) Permanently, in the case of all up to date plans, drawings or operational manuals relating to the
          facility and documents pertaining to any modifications made to the facility.

(6) Notwithstanding subsection 7(1), if a Discharger who is a party to a compliance plan agreement that has not been terminated complies fully with the agreement, the Discharger shall not be prosecuted or convicted in respect of Discharges dealt with in the agreement that occur while the agreement is in effect.

(1) Every Discharger shall ensure that there is a Maintenance Access Point for each connection from the Discharger's Site to the Sewage Works, such Maintenance Access Points shall be installed and maintained at the expense of a Discharger.

(2) Every Discharger shall ensure that the Maintenance Access Points required by subsection 8(1) are:

     (a) located on the property of the Discharger, unless the Town provides written notice allowing the
     Discharger to establish and maintain a Maintenance Access Point at an alternative location;

     (b) accessible at all times by the Town;

     (c) constructed in a manner which is acceptable to the Town; and

     (d) maintained to ensure access and structural integrity.

(3) Notwithstanding subsection 8(1), where there is no Maintenance Access Point or the  Maintenance Access Point is not an acceptable sampling location in the opinion of the Town, the Town may allow in a written notice to the Discharger for an alternative sampling location for Discharges or deposits to the Sewage Works.

(4) The Town may establish non-compliance with this by-law on the basis of a Grab Sample or a composite sample of a Discharge, which may contain additives for its preservation that may be collected manually or by using an automatic sampling device, and analyzed in accordance with the procedures and methods set out in Standard Methods.

(5) The Town, by written notice, may require a Discharger, at the Discharger's expense, to monitor, sample and/or analyze, in accordance with the procedures and methods set out in Standard Methods and through an Accredited Laboratory, one or more Discharges or deposits from a Site and submit the analysis, results and/or the samples to the Town by the date set out in the notice.

(6) For each of the metals whose concentration is limited in Table 1 or Table 2 of this bylaw, the analysis shall be for the quantity of total metal, which includes all metal both dissolved and particulate.

(1) In the event of a Spill to a Sewage Works, the Discharger shall immediately notify the Town's Wastewater Department, provide any information with respect to the Spill which the Town advises it requires and complete any work the Town may require to mitigate the Spill.

(2) Notwithstanding subsection 9(1), the person who gave notice under that section shall do everything possible to stop and contain the Spill, protect the health and safety of the public and adjacent occupants, minimize damage to property, protect the Natural Environment, mitigate actual and potential impacts, clean-up the Spill and remediate and restore the affected area to its condition prior to the Spill event.

(3) The Discharger shall provide a report on the Spill to the Town, within 3 days after the Spill, containing the following information:

     (a) location where the Spill occurred;

     (b) name and phone number of person who reported the Spill and location where they can be contacted;

     (c) date and time of Spill;

     (d) material Spilled;

     (e) characteristics of the material(s) Spilled;

     (f) volume of the material(s) Spilled;

     (g) duration of Spill event;

     (h) any relevant information regarding the cause of the Spill or the circumstances surrounding the Spill
     event;

     (i) work completed and/or still in progress in the mitigation of the Spill;

     (j) preventative actions being taken to ensure the situation does not occur again; and

     (k) any other information the Town may indicate it requires in relation to the Spill.

(4) If a Discharger to whom this Part applies is not able to provide or otherwise does not provide all of the information required by subsections 9(1) and 9(3), the person shall take all reasonable steps to ascertain the missing information and provide it immediately to the Town.

(5) If a person to whom this Part applies becomes aware that any information provided to the Town pursuant to subsections 9(1) and 9(3) was inaccurate or is no longer accurate, the person shall immediately notify the Town of the inaccuracy and provide corrected information.

(6) The Spill reporting requirements set out in this Part are in addition to and do not replace any other reporting obligations imposed upon a person by federal or provincial legislation.

(1) Any dental practice within the boundaries of the Town must comply with the Dentistry Act, 1991, S.O. 1991 and the regulations there under, as amended from time to time, for the disposal of amalgam waste.

(2) A maintenance schedule and record of maintenance shall be made available for review by an Enforcement Officer and, upon request, a copy shall be provided to an Enforcement Officer in the manner and format requested, at no charge to the Town, for each dental amalgam separator installed.

(3) A record of inspection and any documentation evidencing the installation of a dental amalgam separator shall be provided to an Enforcement Officer upon request in the requested manner and format at no charge to the Town.

(1) Every Discharger whose Site is, or contains, a restaurant or other Industrial premises
where food is cooked, processed or prepared shall take all necessary measures to
ensure that oil and grease are prevented from discharging to:

     (a) Sanitary Sewer in excess of the limits in Table 1 as set out in this by-law; or

     (b) a Storm Sewer or Land Drainage Works.

(2) A Discharger to whom this Part applies shall install, operate and properly maintain, in accordance with the requirements of this Part, an oil and grease interceptor in any piping system at its Site that connects directly or indirectly to a Sewage Works.

(3) The installation and operation of each oil and grease interceptor shall be:

     (a) in compliance with the most current requirements of the Building Code Act and its regulations; and

     (b) in accordance with the requirements of the Canadian Standard Association national standard "CAN/CSA
     B481", as amended from time to time.

(4) The Discharger shall ensure all oil and grease interceptors are maintained in good working order, including the requirements that every oil and grease interceptor shall:

     (a) be tested and maintained in accordance with the requirements of CAN/CSA B481, as amended from
     time to time;

     (b) have the maintenance requirements posted at the Site in a conspicuous location in proximity to the oil
     and grease interceptor; and

     (c) be cleaned before the thickness of the organic material and solids residuals becomes greater than
     twenty-five percent of the available volume, with a cleaning frequency of at least once every four weeks.

(5) The Discharger must provide the maintenance schedule and record of maintenance for each oil and grease interceptor to an Enforcement Officer upon request in the manner and format requested at no charge to the Town, and must keep documentation of proof of interceptor clean-out and oil and grease disposal at the Site for a minimum of two years.

(6) Where a Discharger fails to adequately maintain the oil and grease interceptor to the satisfaction of the Town, the Town may require an alarmed monitoring device or such other device to be installed at the Site, which the Discharger shall then install at its expense, in accordance with specification of CAN/CSA B481, as amended from time to time.

(7) No Discharger shall Discharge or cause or permit the Discharge of emulsifier to a Sewage Works to which this Part applies.

(8) No Discharger shall use or cause or permit the use of enzymes, bacteria, solvents, hot water or other agents to facilitate the passage of oil and grease through an interceptor to which this Part applies.

(1) Every Discharger whose Site is a vehicle or equipment service station, repair shop, garage or other Industrial premises where motor vehicles are repaired, lubricated, washed or maintained shall take all necessary measures to ensure that oil and grease are prevented from discharging to:

     (a) a Sanitary Sewer in excess of the limits in Table 1 as set out in this by-law; or

     (b) a Storm Sewer or Land Drainage Works.

(2) A Discharger to whom this Part applies shall install, operate and properly maintain, in accordance with the requirements of this Part, an oil and grease interceptor in any piping system at its Site that connects directly or indirectly to a Sewage Works.

(3) Each oil and grease interceptor required to be installed under this Part shall be installed in compliance with the most current requirements of the Building Code Act and its regulations.

(4) The Discharger shall ensure all oil and grease interceptors are maintained in good working order, including the requirements that every oil and grease interceptor shall:

     (a) be maintained as recommended by the Canadian Petroleum Products Institute and in accordance with
     the manufacturer's guidance and recommendations;

     (b) be inspected regularly to ensure performance is maintained and to ensure the surface oil, grease and
     sediment levels do not exceed the recommended level; and

     (c) have the maintenance requirements posted at the Site in a conspicuous location in proximity to the oil
     and grease interceptor.

(5) The Discharger must provide the maintenance schedule and record of maintenance for each oil and grease interceptor to an Enforcement Officer upon request and in the manner and format requested at no charge to the Town, and must keep documentation of proof of interceptor clean-out and oil and grease disposal at the Site for minimum of two years.

(6) Where a Discharger fails to adequately maintain the oil and grease interceptor to the satisfaction of the Town, the Town may require an alarmed monitoring device or such other device be installed at the expense of the Discharger.

(7) No Discharger shall Discharge or cause or permit the Discharge of emulsifier to a Sewage Works to which this Part applies.

(8) No Discharger shall use or cause or permit the use of enzymes, bacteria, solvents, hot water or other agents to facilitate the passage of oil and grease through an interceptor to which this Part applies.

(1) Where sediment may be Discharged to a Sewage Works from the Site of a Discharger, including but not limited to Sites using a ramp drain or area drain and vehicle wash establishments, the Discharger shall take all necessary measures to ensure that such sediment is prevented from discharging to a drain or a Sewage Works in excess of the limits in Table 1 of this by-law.

(2) A Discharger shall ensure a catch-basin installed on its Site for the purpose of collecting Storm Water and carrying it into a Storm Sewer or Land Drainage Works is equipped with a sediment interceptor and the installation of each catch-basin shall comply with the Town standards, construction specifications, and drawings.

(3) A Discharger shall ensure that all sediment interceptors are maintained in good working order, including the requirements that every sediment interceptor shall be:

     (a) maintained in accordance with the manufacturer's guidance recommendations; and

     (b) inspected regularly to ensure performance is maintained to the manufacturer's specifications.

(4) The Discharger must provide the maintenance schedule and record of maintenance for each sediment interceptor to an Enforcement Officer upon request and in the manner and format requested at no charge to the Town, and must keep documentation of interceptor clean-out and sediment disposal at the Site for a minimum of two years.

(1) No person shall alter, damage, tamper with, move, remove, destroy or deface, or cause or permit the altering, damaging, tampering with, moving, removal, destroying, or defacing, of any permanent or temporary equipment:

     (a) installed in any part of the Sewage Works; or

     (b) installed in or around any Maintenance Access Point, device or facility with a connection into the
     Maintenance Access Point, device or facility without the prior written permission of the Town.

(2) Any person discharging or causing or permitting the Discharge of a substance to the Sewage Works shall be responsible for ensuring that the Discharge complies with the provisions of this by-law and shall be liable for any damage or expense arising out of the failure to properly check and control the Discharge, including the cost of repairing, cleaning, or replacing any part of the Sewage Works damaged thereby and for any damage or injury to any person or property caused by such Discharge.

(3) No person shall enter the Sewage Works unless specifically authorized by the Town in writing.

(1) A Discharger may be required to develop a Pollution Prevention Plan for the Discharge of any contaminant designated by the Town, where the Discharger is or has been:

     (a) not in compliance with Part 2 - Sanitary Sewer Requirements; or

     (b) not in compliance with Part 4 - Storm Sewer Requirements; or

     (c) in a compliance program with the Town; or

     (d) responsible for one or more Spill(s).

(2) Pollution Prevention Plans shall comply with any guidelines established by the Town.

(3) The Pollution Prevention Plan shall be completed by the Discharger and available for review by the Town at the Site of the Discharger within 6 months of notification by the Town.

(4) The Town may exempt a Discharger from developing a Pollution Prevention Plan where the Discharger has in place an ISO 14001 Program which is currently registered by a third party auditor by the Standard Council of Canada or the Registrar Accreditation Board.

 (1) In a prosecution by the Town for a contravention of this by-law, unless rebutted by evidence to the contrary on a balance of probabilities, a person who owns, is in occupation of or who has charge, management or control of a property from which a Discharge occurs or who has charge, management or control of Sewage, Storm Water, uncontaminated water or other substance regulated by this by-law shall be presumed to have Discharged or caused or permitted a Discharge.

(1) The Town shall, from time to time, appoint Enforcement Officers for the purpose of administering and enforcing this bylaw. Such officers are hereby authorized to:

     (a) enter in or upon any land or premises, except land or premises being used as a dwelling house, at any
     reasonable time without a warrant;

     (b) make such examinations, investigations, inquiries and tests;

     (c) take samples; or

     (d) inspect or observing any plant, machinery, equipment work activity or document, for the purpose of
     determining compliance with this bylaw.

(2) No person shall prevent, hinder, obstruct or interfere in any way with the Town or any of
its Enforcement Officers from:

     (a) entering in or upon any land or premises, except land or premises being used as a dwelling house, at
     any reasonable time without a warrant;

     (b) making such examinations, investigations, inquiries and tests;

     (c) taking samples; or

     (d) inspecting or observing any plant, machinery, equipment work activity or document, for the purpose of
     determining compliance with this bylaw.

(3) Where an Enforcement Officer has reason to believe that a contravention of this by-law has occurred, the Enforcement Officer may issue and serve an order requiring the Discharger who has contravened the by-law or who has caused or permitted the contravention or the owner or occupier of the property on which contravention of the bylaw occurred to discontinue the contravening activity.

(4) Where an Enforcement Officer has reason to believe that a contravention of this by-law has occurred, the Enforcement Officer may make an order requiring the person who has contravened the by-law or who has caused or permitted the contravention or the owner or occupier of the property on which contravention of the by-law occurred to do work to correct the contravention.

(5) Where a person is issued an order described under subsection 17(3) or 17(4) and in the opinion of the Town fails to do a matter or thing required by the order by the date specified in the order, the Town may cause the matter or thing set out in the order to be done at the person's expense.

(6) For the purpose of doing any matter or thing under subsection 17(5), employees of the Town and any contractor, consultant or other person authorized by the Town may enter upon the property referred to in the order at any reasonable time.

(7) In accordance with section 446 of the Municipal Act, 2001 the Town may recover the cost of doing a matter or thing under subsection 17(5) from the person directed or required by order to do the matter or thing by action or by requesting the costs be added to the tax roll of the applicable local Town and that such costs be collected in the same manner as property taxes.

(8) The Enforcement Officer may place a placard containing the terms of the order in a conspicuous place at the property and the placing of the placard shall be deemed to be sufficient service of the order on the person or persons to whom it is directed.

(9) The power of an Enforcement Officer to issue an order under this Part includes the power to amend or revoke such orders.

(1) Any Discharger who contravenes any provision of this Bylaw is guilty of an offence and upon conviction is liable to a fine.

(2) In this by-law, subsequent conviction means a conviction for an offence which occurs after the date of conviction for an earlier offence under this by-law or by-law #97-082.

(3) Every person who fails to comply with an order issued under Part 17 of this by-law is guilty of an offence.

(1) If an order has been issued under Part 17 of this by-law, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with.

(2) Every person convicted of an offence under this by-law is liable:

     (a) on a first conviction, to a fine in an amount of not more than $25,000;

     (b) on any subsequent conviction, to a fine of not more than $50,000;

     (c) upon conviction for a continuing offence, to a fine of not more than $10,000 for each day or part of a
     day that the offence continues, however the total of the daily fines is not limited to $50,000; and

     (d) upon conviction for a multiple offence, for each offence included in the multiple offence, to a fine of not
     more than $10,000, however the total of all fines for each included offence is not limited to $50,000.

(3) If the person convicted of an offence under this by-law is a corporation, then the corporation is liable:

     (a) on a first conviction, to a fine in an amount of not more than $50,000;

     (b) on any subsequent conviction, to a fine of not more than $100,000;

     (c) upon conviction for a continuing offence, to a fine of not more than $10,000 for each day or part of the
     day that the offence continues, however the total of the daily fines is not limited to $100, 000; and

     (d) upon conviction for a multiple offence, for each offence included in the multiple offence, to a fine of not
     more than $10,000, however the total of all fines for each included offence is not limited to $100,000.

(4) In this by-law "multiple offence" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law.

(5) In this by-law "subsequent conviction" means a conviction for an offence where the
offence occurs after the date of conviction for an earlier offence under this by-law.

(1) A Notice of Exception may include terms and conditions, including conditions related to the period of time during which the exception will operate and the means by which the Town will give notice of the termination of the exception.

(1) Where written notice under this by-law is required to be given by a Discharger, notice shall be sufficiently given when it is:

     (a) delivered personally to the Director of Engineering Services; or

     (b) if sent by mail and addressed to the Director of Engineering Services, when the Director receives the
     written notice.

(2) Where written notice under this by-law is required to be given by the Town to the Discharger, notice shall be sufficiently given if it is:

     (a) delivered to the latest address for the Discharger in the Town's records and given to a person acting for
     or on behalf of the Discharger, whose name appears in the records of the Town; or

     (b) sent by mail addressed to a person acting for or on behalf of the Discharger, whose name appears in
     the records of the Town to the latest address for the discharger in the Town's records.

(3) Where written notice is given by mail by the Town, the notice shall be deemed to have been given as of three (3) days after the day of mailing.

(1) All provisions in this by-law shall come into effect on the date that the by-law is enacted by the Town, with the exception of the new limits set out in Table 1 and Table 2.

(2) Dischargers shall be required to meet the new limits as set out in Table 1 and Table 2 commencing six (6) months after the date that this by-law is enacted. Prior to such date, the limits in Discharge of Sewage, Industrial Wastes and Land Drainage By-law 94-104 shall continue to apply as if such limits were contained in this by-law.

(1) Nothing in this by-law shall be so construed as to permit anything, which by the provisions of any applicable Act, Regulation, or by-law is otherwise prohibited.

(2) This by-law shall not apply to Discharges, activities or matters undertaken by the Town.

(1) If any provision of this by-law or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the by-law which can be given effect without the invalid provision or application, and to this end the provisions of this by-law are severable.

(1) The Director of Engineering Services may act on behalf of the Town for the purpose of administration of this by-law.

(2) Subject to subsection 25(3), the Director of Engineering Services may prescribe the form and content of any approval, authorization, permit, form policy, procedure or other document in relation to the administration of this by-law and may amend or revise the form and content of such approvals, authorizations, permits forms, policies, procedures or documents from time to time. The Director of Engineering Services may issue any
approval, authorization or permit under this by-law as well as any amendments thereto or revocations thereof, on behalf of the Town.

(3) The Director of Engineering Services may prescribe the form and content of any agreement permitted under this by-law and may amend or revise the form and content of such agreements from time to time provided that the form is satisfactory to the Town Manager and Town solicitor. The Director of Engineering Services may enter into and execute such agreements, as well as any amendments thereto, on behalf of the Town.

(4) The Director of Engineering Services may delegate his or her authority under this bylaw, including actions authorized under this Part, to any other officer or employee of the Town, so long as such delegation is authorized by the Town Manager.

(1) Table 1 and Table 2 attached hereto form part of this by-law.

(2) Bylaw 94-104 and all amendments thereto are hereby repealed with the exception of tables one (1) and two (2) which will be repealed six (6) months after the date of approval of this bylaw.

(1) This By-law shall become into full force and effect on the date that it is enacted.

Enacted this 18th day of June, 2013.

Original signed by Rebecca Murphy, Clerk and Doug White, Mayor.