THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 90-90

A by-law to regulate the discharge of matter into the sanitary and storm sewage systems of the Regional Municipality and making provision for the establishment of sewer rates and charges, pursuant to section 81 of The Regional Municipality of Peel Act, R.S.O. 1980, chapter 440 and to repeal certain parts of By-law Number 9-75.

 

WHEREAS The Regional Municipality of Peel Act, R.S.O. 1980, Chapter 440, Section 81, provides that the Regional Corporation shall have sole responsibility for collection of sewage and all the powers and rights provided by any general or special act relating to the collection of sewage in the Regional Area;

AND WHEREAS the Regional Corporation also has responsibilities with respect to certain storm sewers;

AND WHEREAS the Council of the Regional Corporation has by resolution adopted on 22nd November, 1990 authorized the enactment of a sewer use by-law;

NOW THEREFORE, the Council of The Regional Municipality of Peel enacts as follows:

 

SECTION 1

DEFINITIONS

1. In this by-law:

(a) "acute hazardous waste chemical" means a material which is an acute hazardous waste chemical within the meaning of Ontario Regulation 309 made under The Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(b) "authorized representative of the owner or operator" means

(i) A principal executive officer of at least the level of vice president, if the owner or operator is a corporation; or

(ii) A general partner or proprietor if the owner or operator is a partnership or proprietorship, respectively; or

(iii) A representative of the individual designated above authorized in writing, if such representative is responsible for the overall operation of the facilities from which the sewage discharge originates;

(c) "biochemical oxygen demand" or "B.O.D." means carbonaceous oxygen demand (biochemical) as determined by Method 5210 in Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation;

(d) "blowdown" means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water, the further build-up of which would cause concentrations in amounts exceeding limits established by best engineering practices;

(e) "commercial waste chemical" means a material which is a commercial waste chemical within the meaning of Ontario Regulation 309 made under The Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(f) "Commissioner" means the Commissioner of Public Works of the Region of Peel or his authorized representative;

(g) "composite sample" means a sample which is composed of a series of grab samples taken and combined manually or automatically at intervals during the sampling period;

(h) "cyanide (total)" means cyanide as determined by Methods 4500-CN C plus one of Method 4500-CN D or 4500-CN E in Standard Methods;

(i) "de minimis dose" means a dose of radiation to an individual of .05 millisieverts per year or less;

(j) "de minimis waste" means any waste radioactive material that will not result in a dose of radiation exceeding the de minimis dose regardless of the quantity of the material or how it is used or managed;

(k) "discharge" when used alone as a verb, includes add, deposit or emit and, when used alone as a noun, includes addition, deposit or emission;

(l) "fuels" includes (i) any ignitable liquid intended for use as a fuel with a flash point less than 61° Celsius as determined by one of the methods in Ontario Regulation 309 made under The Environmental Protection Act (Ontario) as such regulation may be amended from time to time and (ii) gasoline, naphtha, diesel fuel or fuel oil;

(m) "grab sample" is an aliquot of the matter being sampled taken at one particular time and place;

(n) "hauled sewage" means waste removed from a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet, a sewage holding tank or any other sewage system of a type regulated under Part VII of the Environmental Protection Act (Ontario);

(o) "hazardous industrial waste" means a material which is a hazardous industrial waste within the meaning of Ontario Regulation 309 made under the Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(p) "hazardous waste chemical" means a material which is a hazardous waste chemical within the meaning of Ontario Regulation 309 made under the Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(q) "ignitable waste" means a material which is an ignitable waste within the meaning of Ontario Regulation 309 made under the Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(r) "industrial" shall mean of or pertaining to industry, manufacturing, commerce, trade, business, or institutions as distinguished from domestic or residential;

(s) "industrial process area" means any industrial building, property or land area which during manufacturing, processing or storage comes into direct contact with any raw material, intermediate product, finished product, by-product, or waste product;

(t) "Kjeldahl Nitrogen" means organic nitrogen as determined by one of Method 4500-Norg B or 4500-Norg C in Standard Methods;

(u) "matter" includes any solid, liquid or gas;

(v) "noncontact cooling water" means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with any raw material, intermediate product other than heat, or finished product;

(w) "once-through cooling water" means noncontact cooling water that has been circulated once through the cooling device;

(x) "owner" or "operator" means the owner or operator of any facility, premises or activity subject to the provisions of this by-law;

(y) "pathological waste" means a material which is a pathological waste within the meaning of Ontario Regulation 309 made under The Environmental Protection Act (Ontario) as such regulation may be amended from time to time or any material which may be designated in writing by the Chief Medical Officer of Health (Ontario);

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

(aa) "PCB waste" means a PCB waste within the meaning of Ontario Regulation 148/86 made under The Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(bb) "person" includes an individual, sole proprietorship, association, partnership, corporation, municipality, Provincial or Federal agency, or an agent or employee thereof;

(cc) "pesticide" means a pesticide regulated under The Pesticides Act (Ontario);

(dd) "pH" means the logarithm to the base 10 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution;

(ee) "phenolic compounds" means those derivatives of aromatic hydrocarbons which have a hydroxyl group directly attached to the ring as determined by one of Method 5530 C or 5530 D in Standard Methods;

(ff) "phosphorus" means total phosphorus as determined by both Method 4500-P B plus one of Method 4500-P C, 4500-P D, 4500-P E, or 4500-P F in Standard Methods;

(gg) "reactive waste" means a material which is a reactive waste within the meaning of Ontario Regulation 309 made under The Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(hh) "Region" means the Regional Municipality of Peel or its designated representative;

(ii) "sanitary sewer" means a sewer for the collection and transmission of domestic, commercial, institutional and industrial sewage or any combination thereof;

(jj) "severely toxic material" means any material listed in Schedule 3 of Ontario Regulation 309 made under The Environmental Protection Act (Ontario) as such regulation may be amended from time to time;

(kk) "sewage" means any liquid waste containing animal, vegetable or mineral matter in solution or in suspension, except uncontaminated water;

(ll) "sewage works" means any works for the collection, transmission, treatment or disposal of sewage, or any part of such works;

(mm) "SIC code" means Standard Industrial Classification Code contained in either the Standard Industrial Classification Manual published by the Minister of Supply and Services Canada, 1980 (Canadian SIC) or the Standard Industrial Classification Manual published by the Executive Office of the President, Office of Management and Budget, 1972 (U.S. SIC);

(nn) "solvent extractable matter of animal or vegetable origin" means grease and oil as determined by one of Methods 5520 B, 5520 C, 5520 D, or 5520 E in Standard Methods;

(oo) "solvent extractable matter of mineral or synthetic origin" means grease and oil as determined by Method 5520 F in Standard Methods;

(pp) "Standard Methods" means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and Water Pollution Control Federation, 17th Edition (1989), current at the date of testing, or a procedure published by the Ontario Ministry of the Environment as a standard method or the equivalent of a standard method;

(qq) "storm sewer" means a sewer for the collection and transmission of uncontaminated water, stormwater, drainage from land or from a watercourse or any combination thereof for which the Regional Municipality of Peel is responsible.

(rr) "stormwater" means water from rainfall or other natural precipitation or from the melting of snow or ice;

(ss) "suspended solids" means solid matter in or on a liquid, which matter is removable by filtering and drying at 103-105°C as determined by Method 2540 D in Standard Methods;

(tt) "uncontaminated water" means water to which no matter has been added as a consequence of its use, or to modify its use, by any person;

(uu) "waste disposal site leachate" means leachate from any waste disposal site; and

(vv) "waste radioactive materials" means any waste material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles.

 

SECTION 2

DISCHARGES TO SANITARY SEWERS

2(1) No person shall discharge or deposit or cause or permit the discharge or deposit of matter of a kind listed below into or in land drainage works, private branch drains or connections to any sanitary sewer:

1. matter of any type or at any temperature or in any quantity which may be or may become a health or safety hazard to a sewage works employee, or which may be or may become harmful to a sewage works, or which may cause the sewage works' effluent to contravene any requirement by or under the Ontario Water Resources Act or The Environmental Protection Act (Ontario), or which may cause the sludge from sewage works to fail to meet the criteria relating to contaminants for spreading the sludge on agricultural lands under Ontario's Guidelines for Sewage Sludge Utilization on Agricultural Lands (as revised January, 1986) unless the person has been advised in writing by the operator of the sewage works that the sludge from the sewage works will never be used on agricultural lands, or which may interfere with the proper operation of a sewage works, or which may impair or interfere with any sewage treatment process, or which is or may result in a hazard to any person, animal, property or vegetation and;

2. without limiting the generality of the foregoing, any of the following:

(a) Solid or viscous substances in quantities or of such size as to be capable of causing obstruction to the flow in a sewer, including but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, animal guts or tissues, paunch manure, and whole blood.

(b) Sewage that may cause an offensive odour to emanate from a sewage works, and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such quantity that may cause an offensive odour.

(c) Stormwater, water from drainage of roofs or land, water from a watercourse or uncontaminated water.

(d) Water other than stormwater that has originated from a source separate from the water distribution system of the Region.

(e) Sewage or uncontaminated water at a temperature greater than 65 degrees Celsius.

(f) Sewage having a pH less than 5.5 or greater than 9.5.

(g) Sewage containing more than 15 milligrams per litre of solvent extractable matter of mineral or synthetic origin.

(h) Sewage containing more than 150 milligrams per litre of solvent extractable matter of animal or vegetable origin.

(i) Sewage in which the biochemical oxygen demand exceeds 300 milligrams per litre.

(j) Sewage containing more than 350 milligrams per litre of suspended solids.

(k) Sewage containing more than 10 milligrams per litre of phosphorus.

(l) Sewage containing more than 100 milligrams per litre of Kjeldahl nitrogen.

(m) Sewage containing more than 1 milligram per litre of phenolic compounds.

(n) Sewage which consists of two or more separate liquid layers.

(o) Sewage containing dyes or colouring materials which pass through a sewage works and discolour the sewage works effluent.

(p) Sewage containing any of the following in excess of the indicated concentrations:

1500 milligrams/litre
Chlorides expressed as Cl
Sulphates expressed as SO4
50 milligrams/litre
Aluminum expressed as Al
Iron expressed as Fe
10 milligrams/litre
Fluorides expressed as F
5 milligrams/litre
Antimony expressed as Sb
Bismuth expressed as Bi
Chromium expressed as Cr
Cobalt expressed as Co
Lead expressed as Pb
Manganese expressed as Mn
Molybdenum expressed as Mo
Selenium expressed as Se
Silver expressed as Ag
Tin expressed as Sn
Titanium expressed as Ti
Vanadium expressed as V
3 milligrams/litre
Copper expressed as Cu
Nickel expressed as Ni
Zinc expressed as Zn
2 milligrams/litre
Cyanide (total) expressed as CN
1 milligram/litre
Arsenic expressed as As
Cadmium expressed as Cd
0.1 milligrams/litre
Mercury expressed as Hg

(q) The following materials or sewage containing any of the following in any amount:

Fuels
PCBs
Pesticides
Severely Toxic Materials
Waste Radioactive Materials

(r) The following materials or sewage containing any of the following in any amount:

Hauled Sewage
Waste Disposal Site Leachate

(s) The following hazardous wastes in any amount:

Acute Hazardous Waste Chemicals
Hazardous Industrial Wastes
Hazardous Waste Chemicals
Ignitable Wastes
Pathological Wastes
PCB Wastes
Reactive Wastes

(2) In determining whether the limit with respect to any matter prescribed in Subsection 2(1) is contravened, the volume of any water that has been added for the purpose of enabling the limit to be met and of any storm water discharges shall be disregarded for the purposes of calculating whether the limit has been met so that compliance with the limit cannot be attained by dilution.

(3) Subclauses 2(1) 2.(b) and 2(1) 2.(s) do not apply to prevent the discharge of human waste.

(4) Subclause 2(1) 2.(d) does not apply to prevent the discharge of:

(a) Water taken in an amount greater than 50,000 litres per day from a separate source when the owner or operator of the premises has a Permit To Take Water issued by the Ontario Ministry of the Environment and a copy of such permit has been provided to the Region, or

(b) Water taken in an amount less than 50,000 litres per day from a separate source when the owner or operator of the premises has provided the Region with the following information:

(i) Address of premises where the water is being used;

(ii) Location of water source; and

(iii) Amount of water being taken.

(5) Subclause 2(1) 2.(q) does not apply to prevent the discharge of waste radioactive materials where they are being discharged in accordance with a licence from the Atomic Energy Control Board and a copy of the licence has been provided to the Region or to the discharge of de minimis waste.

(6) Subclause 2(1) 2.(q) does not apply to prevent the discharge of PCBs when,

(a) The owner or operator of the premises has a certificate of approval relating to the premises from the Ontario Ministry of the Environment which expressly allows the discharge or written approval from the Director of the Ontario Ministry of Environment which expressly authorizes the discharge from the premises;

(b) the owner or operator of the premises has written approval from the Region which expressly authorizes the discharge from the premises;

(c) the discharge contains a concentration of less than 5 micrograms per litre of PCBs; and

(d) a copy of the certificate of approval or written authorization referred to in Clause (a) has been provided to the Region.

(7) Subclause 2(1) 2.(r) does not apply to prevent the discharge of waste disposal site leachate when,

(a) the waste disposal site leachate is being discharged pursuant to a certificate of approval or order relating to the premises under The Environmental Protection Act (Ontario) or The Ontario Water Resources Act which expressly allows the discharge;

(b) the owner or operator of the premises has written approval from the Region which expressly authorizes the discharge from the premises; and

(c) a copy of the certificate of approval or written authorization referred to in Clause (a) has been provided to the Region.

(8) Subclause 2(1) 2.(r) does not apply to prevent the discharge of hauled sewage when,

(a) the carrier of the hauled sewage is a waste transportation system operating under a licence issued under Part VII of The Environmental Protection Act (Ontario);

(b) the carrier has written approval from the Region which includes a specified time and location for the discharge; and

(c) the discharge occurs at the approved time and location and all other conditions listed in the approval are complied with.

(9) Subclause 2(1) 2.(s) does not apply to prevent the discharge of pathological waste that has been decontaminated prior to discharge when,

(a) the owner or operator of the premises has a certificate of approval from the Ontario Ministry of the Environment which expressly allows the discharge or written approval from the Director of the Ontario Ministry of the Environment which expressly authorizes the discharge;

(b) the owner or operator has written approval from the Region which expressly authorizes the discharge from the premises; and

(c) a copy of the certificate of approval or written authorization referred to in Clause (a) has been provided to the Region.

 

SECTION 3

DISCHARGES TO STORM SEWERS

3(1) No person shall discharge or deposit or cause or permit the discharge or deposit of matter of a kind listed below into or in land drainage works, private branch drains or connections to any storm sewer,

1. matter of any type or at any temperature or in any quantity which may:

(a) interfere with the proper operation of a storm sewer;

(b) damage a storm sewer;

(c) obstruct a storm sewer or the flow therein;

(d) result in a hazard to any person, animal, property or vegetation;

(e) impair the quality of the water in any well, lake, river, pond, spring, stream, reservoir or other water or watercourse; or

(f) result in the contravention of an approval, requirement, direction or other order under The Ontario Water Resources Act or The Environmental Protection Act (Ontario) with respect to the storm sewer or its discharge; and

2. without limiting the generality of the foregoing, any of the following:

(a) water at a temperature greater than 40° Celsius;

(b) water having a pH less than 6.0 or greater than 9.0;

(c) water containing more than 15 milligrams per litre of suspended solids;

(d) water containing dyes or colouring material or other matter which discolour the water;

(e) water containing solvent extractable matter of animal or vegetable origin or of mineral or synthetic origin which causes a visible film, sheen or discolouration on the water surface;

(f) water containing any of the following in excess of the indicated concentrations:

200 micrograms/litre
Chromium expressed as Cr
50 micrograms/litre
Zinc expressed as Zn
Lead expressed as Pb
Nickel expressed as Ni
10 micrograms/litre
Copper expressed as Cu
1 microgram/litre
Cadmium expressed as Cd
Mercury expressed as Hg
200 per 100 millilitres
Fecal coliforms

(g) the following matter in any amount:

Sewage
Once-through cooling water
Blowdown

(h) the following materials in any amount:

Automotive or Machine Oils and Greases
Fuels
Paints and Organic Solvents
PCBs
Pesticides
Severely Toxic Materials
Waste Disposal Site Leachate
Waste Radioactive Materials

(i) the following hazardous wastes in any amount:

Acute Hazardous Waste Chemicals
Hazardous Industrial Wastes
Hazardous Waste Chemicals
Ignitable Wastes
Pathological Wastes
PCB Wastes
Reactive Wastes

3(2) Subclause 3(1) 2.(g) does not apply to prevent the discharge of once-through cooling water or blowdown when,

(a) the once-through cooling water or blowdown is being discharged pursuant to a certificate of approval or order relating to the premises under The Environmental Protection Act (Ontario) or The Ontario Water Resources Act which expressly authorizes the discharge;

(b) the owner or operator of the premises has written approval from the Region which expressly authorizes the discharge from the premises; and

(c) a copy of the certificate of approval or order referred to in Clause (a) has been provided to the Region.

3(3) The provisions of Clause 3(1) 2. apply only to (1) discharges from industrial process areas to a storm sewer, and (2) discharges to a storm sewer for the purpose of disposing of the matter discharged.

3(4) The provisions of Subclauses 3(1) 2.(c), (d), (e), and (f) do not apply to prevent the discharge of stormwater runoff from industrial process areas to a storm sewer when,

(a) the owner or operator of the premises has a certificate of approval or order relating to the premises under The Environmental Protection Act (Ontario) or The Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the Region; or

(b) the owner or operator of the premises has written approval from the Region for a Best Management Practices Plan (BMP) which has been prepared in accordance with Schedule "A."

 

SECTION 4

REPORTS

4(1) Despite sections 2 and 3, the owner or operator of any industrial premises or class of industrial premises listed in Schedule "B" shall not discharge or deposit or cause or permit the discharge or deposit of matter into or in land drainage works, private branch drains or connections to any sanitary sewer or Regional storm sewer.

(2) Subsection (1) does not apply with respect to any industrial premises for which a current Waste Survey Report prepared in accordance with Subsections (3) and (4) has been filed with and accepted by the Region.

(3) The Waste Survey Report shall contain the following information to the satisfaction of the Commissioner and shall be signed by an authorized representative of the owner or operator:

(a) name and address of the premises, and names of its owner and operator;

(b) description of process operations, including waste discharge rates and contaminant concentrations, hours of operation, and Canadian or US Standard Industrial Classification codes;

(c) a schematic process diagram indicating waste discharge points and waste descriptions;

(d) the generator registration number, if any, assigned with respect to the premises under Ontario Regulation 309 made under The Environmental Protection Act (Ontario); and

(e) the waste class, hazardous waste number, primary and secondary characteristics and analytical data and the name of the laboratory, if any, furnished to the Ontario Ministry of the Environment under Ontario Regulation 309 made under The Environmental Protection Act (Ontario) relating to any material discharged into or in land drainage works, private branch drains or connections to any sanitary, combined or storm sewer.

(4) The Waste Survey report shall be in the form attached as Schedule B1 as revised from time to time with the approval of the Commissioner.

(5) Where a change occurs in the information required under Clause (3)(a) contained in a Waste Survey Report, the owner or operator of the premises shall submit the new information within 30 days of the change.

(6) Where a change occurs in any information required under Clauses (3)(b), (c), (d), or (e) described in a Waste Survey Report, the owner or operator of the premises shall not discharge or deposit or cause or permit the discharge or deposit of matter into or in land drainage works, private branch drains or connections to any sanitary sewer or Regional Storm Sewer after 60 days after the change occurs unless a new Waste Survey Report has been filed with and accepted by the Region setting out the change.

 

SECTION 5

AGREEMENTS

5(1) Subject to Subsections (2), (3), and (4), the discharge or deposit of matter that would otherwise be prohibited by this by-law may be permitted into or in any private branch drain or connection to any sanitary sewer to an extent fixed by agreement with the Region under such conditions with respect to payment of additional sewage service rates or otherwise as may be necessary to compensate the Region or any other person engaged in the operation, repair, replacement or maintenance of the sewage works for any additional costs of operation, repair, replacement, or maintenance of the sewage works.

(2) An agreement can only be made for discharge of the following parameters in sewage: suspended solids, biochemical oxygen demand and solvent extractable matter of animal or vegetable origin.

(3) A person who has entered into such agreement with the Region shall pay a surcharge, which is set out in Schedule "C" to this by-law.

(4) The agreement shall be in substantially the same form attached as Schedule "C" and, upon recommendation of the Commissioner, such agreements may be executed on behalf of the Region in accordance with By-law No. 57-89, as amended.

(5) A person who has entered into an agreement with the Region shall not be prosecuted under Section 2 of this by-law for the discharge or deposit of sewage containing the matters specified in the agreement and in compliance with the agreement during the period within which the agreement is applicable and so long as the agreement is being fully complied with.

(6) For the purposes of Subsection (1), private branch drain means a private branch drain connected directly or indirectly to a sanitary sewer and not connected directly or indirectly to a storm sewer.

 

SECTION 6

COMPLIANCE PROGRAM

6(1) A compliance program may be issued as set out in Subsections (2) to (6) and (9) for the discharge of non-complying matter during the period of planning, design, construction or installation of facilities to eliminate the non-compliance.

(2) The owner or operator of industrial premises may submit to the Region a program to prevent or to reduce and control the discharge or deposit of sewage into or in land drainage works, private branch drains or connections to any sanitary sewer from the premises.

(3) The owner or operator of industrial premises may submit to the Region a program to prevent or to reduce and control the discharge or deposit of uncontaminated water or stormwater or eliminate the discharge or deposit of sewage into or in land drainage works, private branch drains or connections to any storm sewer from the premises.

(4) The Region may issue an approval for a compliance program to the person who submitted the program.

(5) Every compliance program shall be for a specified length of time during which the facilities are to be installed and shall be specific as to the remedial actions to be implemented, the dates of commencement and completion, and the materials or other characteristics of the sewage, uncontaminated water or stormwater to which it relates. The final activity completion date shall not be later than the final compliance date in the compliance program.

(6) The compliance program shall be in substantially the same form as that which is attached as Schedule "D" and, upon recommendation of the Commissioner, the Regional Solicitor and the Regional Clerk are authorized to execute such compliance programs under the authority of this by-law. 

(7) A person to whom a compliance program has been issued shall submit a compliance program progress report within 14 days after the scheduled completion date for each activity listed in the compliance program.

(8) The compliance program progress report shall be in the form attached as Schedule "E."

(9) A person to whom a compliance program has been issued shall not be prosecuted under Section 2 or 3 of this by-law for the discharge or deposit of sewage, uncontaminated water or stormwater containing the matters specified in the compliance program and in compliance with the compliance program during the period within which the compliance program is applicable and so long as the compliance program and Section 6 of this by-law are being fully complied with.

(10) Where a compliance program has been issued, the Region may levy fees against the person to whom the compliance program has been issued for the cost of treatment of effluent which, but for the compliance program, would not have complied with this by-law.

(11) The fees referred to in sub-section 6(10) shall be calculated in accordance with the formula set out in Schedule D1.

 

SECTION 7

SAMPLING AND ANALYSIS

7(1) Where a sample is required for the purpose of determining the characteristics or contents of the sewage, uncontaminated water, stormwater or other matter 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 have preservatives added for its preservation and may be collected manually or by using an automatic sampling device;

(b) except as otherwise specifically provided in this by-law, all tests, measurements, analyses and examinations of sewage, uncontaminated water and stormwater, shall be carried out in accordance with Standard Methods; and

(c) for each one of the following metals: aluminium, antimony, arsenic, bismuth, cadmium, chromium, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, selenium, silver, tin, titanium, vanadium and zinc whose concentration is limited in Subclauses 2(1) 2.(p) and 3(1) 2.(f), the analysis shall be for the quantity of total metal, which includes all metal both dissolved and particulate.

 

SECTION 8

GENERAL

8(1) The owner or operator of industrial premises with one or more connections to a sewage works shall install and maintain in good repair in each connection a suitable manhole to allow observation and sampling of the sewage and measurement of the flow of sewage therein, provided that where installation of a manhole is not possible, an alternative device or facility may be substituted with the written approval of the Commissioner.

(2) The Commissioner may require the installation and maintenance in good repair of such additional sampling manholes as he may deem necessary at the expense of the owner or operator, provided that the said person has been notified thirty (30) days, in advance of the required construction, by registered mail addressed to the owner or operator at the place on record with the Region as his address.

(3) The manhole or alternate device shall be located on the property of the owner or operator of the premises, unless the Commissioner has given written approval for a different location.

(4) Every manhole, device or facility installed as required by Subsections (1), (2) or (3) shall be designed and constructed in accordance with good engineering practice and the requirements of the Region, and shall be constructed and maintained by the owner or operator of the premises at his expense.

(5) The owner or operator of industrial premises shall at all times ensure that every manhole, device or facility installed as required by Subsections (1), (2) or (3) is accessible to Regional personnel for purposes of observing and sampling the sewage and measuring the flow of sewage therein.

(6) The Region may require the owner or operator of industrial premises to install and maintain devices to monitor sewage, uncontaminated water or stormwater discharges and to submit regular reports regarding the discharges to the Region.

(7) For the purpose of the administration of this by-law, a person holding the position of Manager, Supervisor Inspections, Inspector, Co-ordinator Contingency Response, T.A. Industrial Processes, Sampling Supervisor or Sampling Technician with the Region's Waste and Water Pollution Control Section may, upon production of his/her identification, enter any industrial premises, to observe, to measure the flow of sewage or any other matter to or through any sewer and to collect any samples required.

(8) No person shall prevent, hinder, obstruct or interfere in any way with regional personnel, bearing proper credentials and identification, from,

(a) entering in or upon any land or premises other than land or premises being used as a dwelling place at any reasonable time;

(b) making such tests or taking such samples as he deems necessary;

(c) inspecting or observing any plant, machinery, equipment, work or activity for the purposes of administering or enforcing this by-law; or

(d) otherwise exercising his authority pursuant to this by- law.

(9) No person shall break, damage, destroy, deface, alter or tamper or cause or permit the breaking, damaging, destroying, defacing, altering or tampering with:

(a) any part of a sewage works; or

(b) any permanent or temporary device installed in a sewage works for the purpose of measuring, sampling and testing of sewage.

(10) Any Discharge Agreement authorized pursuant to subsection 5(1) or compliance program approval pursuant to subsection 6(1) may be terminated by the Region on 30 days written notice in accordance with the termination provisions contained in the Discharge Agreement.

 

SECTION 9

SPILLS

9(1) Every person who discharges or deposits or causes or permits the discharge or deposit of sewage or any other matter into or in land drainage works, private branch drains or connections to any sanitary sewer shall, if such discharge or deposit is not in the ordinary course of events or is abnormal in quality or quantity in light of all of the circumstances of the discharge forthwith notify the Region and the agency responsible for operating the sewage works receiving the discharge or deposit.

(2) Every person who discharges or deposits or causes or permits the discharge or deposit of uncontaminated water, stormwater or any other matter into or in land drainage works, private branch drains or connections to any storm sewer shall, if such discharge or deposit is not in the ordinary course of events or is abnormal in quality or quantity in light of all of the circumstances of the discharge forthwith notify the Region and the agency responsible for managing the land drainage works or storm sewer.

(3) Every person who discharges or deposits or causes or permits the discharge or deposit of any of the items listed in Subclauses 2(1) 2.(q) and (s) into or in land drainage works, private branch drains or connections to any sanitary sewer shall forthwith notify the Region and the agency responsible for operating the sewage works receiving the discharge or deposit.

(4) Every person who discharges or deposits or causes or permits the discharge or deposit of any of the items listed in Subclauses 3(1) 2.(h) and (i) into or in land drainage works, private branch drains or connections to any storm sewer shall forthwith notify the Region and the agency responsible for managing the land drainage works or storm sewer.

(5) For any of the discharges in Subsections 9(1), (2), (3) and (4) for which the person is required to forthwith notify the Region or agency, the notification shall include the following information:

(a) name of the company and the address of location of spill;

(b) name of person reporting the spill and telephone number where that person can be reached;

(c) time of the spill;

(d) type and volume of material discharged and any associated hazards; and

(e) corrective actions being taken to control the spill.

(6) Within five days following a discharge to which Subsection (5) applies, the person shall submit to the Region or agency a detailed written report describing the cause of the spill and the actions taken or to be taken to prevent a recurrence and providing the Commissioner with such other information relating to the spill as the Commissioner may request.

 

SECTION 10

OFFENCES

10(1) Every person other than a corporation who contravenes any provision of this by-law is guilty of an offence and on conviction is liable for every day or part thereof upon which such offence occurs or continues to a fine of not more than $5,000 for a first offence and $10,000 for any subsequent conviction.

(2) Every corporation which contravenes any provision of this by-law is guilty of an offence and on conviction is liable for every day or part thereof upon which such offence occurs or continues to a fine of not more than $25,000 for a first offence and $50,000 for any subsequent conviction.

(3) In this by-law, subsequent conviction means a conviction for an offence which offence occurs after the date of conviction for an earlier offence under this by-law or By-Law No. 9-75.

 

SECTION 11

REPEAL

11 Sub-sections 1.2, 1.4, 1.6 - 1.10, 1.13, 1.15, 1.16, the words "and "Sanitary Sewage"" in Subsection 1.22 Subsections 1.24, 1.28, 1.29, 3.5, Section 5, the words "in violation of Section 5.1(b)" in Subsection 6.2, Section 7, Subsection 8.2 and Schedule "A" of By-law 9-75, as amended are hereby repealed.

 

SECTION 12

12 This by-law shall come into force the first day of July, 1991.

 

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 22nd November, 1990.

 

Regional Clerk and Director of Administration Chairman