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Bylaw No. 2664-2017

Sewer Regulations Bylaw, 2017

Contents
 1 Citation
 2 Interpretation
 3 Schedules
 4 Sewer Connection mandatory
 5 Application for Sewer Connection
 6 Sewer User Rates
 7 Sewer rates to form charge on land
 8 Sanitary Sewer user rates and fees
 9 Connection fee payable
 10 Accounts payable to collector
 11 Connection to be approved by engineer
 12 No connection if service inadequate
 13 Connection inspections
 14 Installation of Sewer Connection and Building Sewer
 15 Disconnection from and reconnection to Sewer
 16 Specifications for Building Sewers
 17 Sump and backwater valve
 18 Interceptors
 19 Swimming pools
 20 Recreational vehicles
 21 Household and commercial Garbage grinders
 22 Vehicle Wash Operations
 23 Septic tanks
 24 Trucked Liquid Waste
 25 Discharges to Storm Sewer, Natural Outlets and Watercourses
 26 Discharges to Sanitary Sewers
 27 Wastewater Discharge Permits
 28 Codes of Practice
 29 Maintenance of Works and procedures
 30 Notification
 31 Powers of Engineer
 32 Inspections, sampling, and monitoring of Discharges
 33 Tampering with Sewers
 34 Responsibility to repair damage
 35 City not liable for failure of Sewer
 36 Leak Adjustment
 37 Sanitary Sewer Service Area
 38 Sewer connections for rural properties
 39 Car washes
 40 Offence and penalties
 41 General
 42 Repeal
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
Schedule "I"

The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1   Bylaw No. 2664-2017 may be cited as "Sewer Regulations Bylaw, 2017".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this Bylaw.

(b) Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Community Charter, SBC, 2003, Local Government Act, RSBC, 2015, and Interpretation Act, RSBC, 1996, or as the context and circumstances may require.

(c) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.

(d) Words in the singular include the plural and gender specific terms include both genders and corporations.

(e) Headings in this Bylaw are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Bylaw.

(f) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

Schedules

3   The following schedules are attached to and form part of this Bylaw:

(a) Schedule "A": Definitions;

(b) Schedule "B": Prohibited Waste;

(c) Schedule "C": Restricted Waste;

(d) Schedule "D": Code of Practice for Dental Operations;

(e) Schedule "E": Code of Practice for Photo Imaging Operations;

(f) Schedule "F": Code of Practice for Automotive Operations;

(g) Schedule "G": Code of Practice for Vehicle Wash Operations;

(h) Schedule "H": Code of Practice for Dry Cleaning Operations; and

(i) Schedule "I": Sanitary Sewer Service Area.

Sewer Connection mandatory

4   (1) The Owner of every Parcel of real property where a building or structure is situated and to which a Service Connection can be or was made, must connect such building or structure to the Sewer on receiving notice to connect from the Engineer.

(2) In the event any Owner fails to make the required connection to the Sewer within 60 days of receiving notice, the Engineer may cause the connection to be made at the Owner's expense. The amount of such expense is declared a charge for work done, or services provided, to lands or improvements, under the provisions of the Community Charter, and is a charge or lien on the lands of the Owner, which may be collected in the same manner, and with the same remedies, as ordinary property taxes.

(3) Notwithstanding Subsection (2) , any Owner failing to make the required connection within the 60 days, will be guilty of an offence under this Bylaw.

(4) Where a property Owner fails to comply with an order by the Engineer under Subsection (1) , and the City causes the connection to be made at the Owner's expense, the Owner must pay the actual cost of the work, as set out in the City's Fees and Charges Bylaw, 2006, including, but not limited to all costs and expenses to design, construct and install the Building Sewer and to connect to the Service Connection, in accordance with the Requirements of the City's Building Bylaw, 2016.

Application for Sewer Connection

5   (1) No Person may connect any building to a Service Connection until either the Person or the Person's authorized agent:

(a) receives authorization from the City, as part of a subdivision approval or a building permit Application process regulated by the City's Development Bylaw, 2011; or

(b) completes an Application for Sewer Service and an agreement substantially in the form approved by the General Manager, Engineering and Regional Utilities, and the Application is approved by the City. Every Applicant must provide true and accurate information as to all details in the Application and agreement, and any Person willfully and knowingly providing false information will be guilty of an offence under this Bylaw.

(2) An application for Sewer Service must include:

(a) Application Information, including:

(i) owner name; and

(ii) telephone number and billing address; and

(b) a description of the service required, including but not limited to:

(i) service address;

(ii) house type;

(iii) new or existing installation;

(iv) type;

(v) size;

(vi) location at property line;

(vii) invert at property line; and

(viii) type of pipe.

(3) Receipt of an Application does not guarantee that the service will be provided.

(4) Inspection and testing by the Building Official is mandatory.

(5) Installation details must be provided to the Engineering and Regional Utilities Department on the first working day following the installation of the service, including:

(a) installation date;

(b) size of service;

(c) location of P.L.;

(d) invert at P.L.;

(e) length of connection;

(f) depth of Main;

(g) distance from Wye to MH;

(h) measured from MH No.;

(i) riser;

(j) type of pipe; and

(k) service type.

Sewer User Rates

6   (1) The Owner of every Parcel of real property to which a Service Connection is made must pay the applicable Sewer User Rate, as set out in the City's Fees and Charges Bylaw, 2006.

(2) For properties outside of the Clearbrook Water Works District Sewer User fees are included in the bi-monthly utility bill for the property, and are payable by the Owner by the due date.

(3) For properties within the Clearbrook Water Works District, Sewer User fees for the property will be billed quarterly, to coincide with the Water Meter reading cycle, and are payable by the Owner by the due date.

(4) The City will have no obligation to provide a Service Connection to any Parcel of real property until all rates and charges due and owing under this Bylaw, in connection with that property, are paid in full to the City.

Sewer rates to form charge on land

7   The rates and charges, as set out in the City's Fees and Charges Bylaw, 2006, are imposed and levied to provide the service and other Sewer related services. All such rates and charges that are imposed for work done or services provided to lands or improvements, will form a charge on those lands, which may be recovered from the Owner of the lands in the same manner and by the same means as unpaid property taxes.

Sanitary Sewer user rates and fees

8   (1) Volume Calculation

(i) Customers with a Sanitary Sewer meter must pay the applicable rate as set out in the City's Fees and Charges Bylaw, 2006.

(ii) Customers without a Sanitary Sewer meter, but with a Water Meter on City or Clearbrook Water Works District supplied Water, must pay the applicable rate, set out in the City's Fees and Charges Bylaw, 2006.

(iii) Clearbrook Water Works District customers with neither a Sanitary Sewer meter nor a Water Meter must pay the applicable flat rate, set out in the City's Fees and Charges Bylaw, 2006.

(iv) Customers without a Sanitary Sewer meter, but having a Water Meter on a private well, must pay the applicable rate, set out in the City's Fees and Charges Bylaw, 2006.

(v) The readings from a reduction meter, approved by the Engineer, used to measure Water bypassing the Sanitary Sewer system, may be submitted to the Engineer for consideration in the Sanitary Sewer volume calculation.

(2) Sanitary Sewer User Rates

(i) Rates for Residential, Commercial, Industrial, Agricultural, and Unmetered Users are payable in accordance with the City's Fees and Charges Bylaw, 2006.

(ii) Residential includes mixed use properties with commercial and residential components.

(iii) The billing cycle for City customers, except sewer customers within the Clearbrook Waterworks District, is bi-monthly.

(iv) The billing cycle for customers within the Clearbrook Waterworks District is quarterly.

(3) Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) charges are calculated based on Full Mass Loading.

Connection fee payable

9   (1) Where a Service Connection is required, the Engineer will estimate the cost of the Work. The cost to the Applicant will be the actual cost of the installation, including direct and indirect costs, as set out in the City's Fees and Charges Bylaw, 2006. If, after receiving the estimate, the Applicant wishes to proceed with the installation of the new Service Connection, a recoverable work order will be created and the Applicant will be invoiced when all costs are finalized. Failure to pay the invoice will result in the amount being added to property taxes and subject to the same penalties as late or non-payment of regular taxes.

(2) A Service Connection is only permitted where a gravity Sewer is adjacent to a Parcel, except where Special approval is obtained from the Engineer to connect to a Sewer force main.

(3) Where a Service Connection already exists and the Owner wishes to connect to it, and the Service Connection was not pre-paid, a charge is payable, as set out in the City's Fees and Charges Bylaw, 2006.

(4) Where a Service Connection exists, but the customer wishes to relocate the Service Connection, the Engineer will estimate the cost to perform the Works. The total fee payable to the Applicant for the original connection, plus the actual cost of the installation, including direct and indirect costs, as set out in the City's Fees and Charges Bylaw, 2006. The procedure to install the new connection is described in Subsection (1) .

(5) Where the Engineer assesses that financial hardship warrants repayment of Service Connection fees through a Payment Plan, the following criteria will apply:

(a) the maximum term over which the Service Connection fees can be amortized is five (5) years;

(b) the annual payment amount will be incorporated on the property tax notice;

(c) a charge on title will be secured until payment is complete;

(d) late payment will be subject to a late payment fee, at the same rate as set out for late payment of property taxes; and

(e) the interest rate charged will be equivalent to the overnight rate earned on the City's general bank account at the time of Application.

(6) For the purposes of Subsection (5) , where an Applicant establishes financial hardship warranting a Payment Plan, together, with the Application required under Subsection (7) , the Applicant must provide a statutory declaration, sworn before a commissioner for oaths, containing the following:

(a) evidence that the household net annual income for the Applicant is less than the Statistics Canada Low Income Cut-Off;

(b) evidence of the annual net income for each resident of the Applicant's household who is 19 years of age or older, by way of the attachment of a Canadian Revenue Agency Notice of Assessment, to the statutory declaration, for each resident of the Applicant's household who is 19 years of age or older, as an appendix to the statutory declaration;

(c) attachment of a federal GST credit or BC Low Income Climate Action Tax Credit Notice listing the names of any children included on the Application, as an appendix to the statutory declaration;

(d) evidence that the Applicant has resided in Abbotsford for at least one (1) year, and has owned or occupied the residence, in respect of which the Application is made, for at least three (3) months;

(e) confirmation that the Applicant's City utility and property tax accounts are paid in full at the time of the Application;

(f) confirmation of execution and delivery by the Applicant of a Service Agreement with the City for a Service Connection, where the Service Connection comprises the pipe, tap, valves, meter and appurtenances located from the City's utility main to the Parcel in respect of which the Application is made;

(g) confirmation that the Applicant has secured all permits and approvals required under City Enactments in respect of the construction and installation of works and Service Connections on the subject Parcel; and

(h) a statement that it is an offence under this Bylaw for a Person to swear a false declaration.

(7) Except where circumstances in Subsection (8) apply, at the time of Application for connection or relocation of a Service Connection, every Applicant must pay a Service Connection fee in the amount, as set out in the City's Fees and Charges Bylaw, 2006, and in the manner prescribed in this Bylaw, excluding where the Applicant requests a Payment Plan due to affordability, in which case the Engineer may approve the request if the Application complies with Subsection (6) .

(8) Where, in the opinion of the Engineer, a Person is required by the City's Development Bylaw, 2011, to provide Service Connections for a Storm Water and/or Sanitary Sewer system as a condition of subdivision approval, or issuance of a building permit, the Service Connection fee, as set out in the City's Fees and Charges Bylaw, 2006, will not apply, and that Person must pay the actual direct and indirect costs to provide the Service Connections, including, but not limited to, all direct and indirect costs and expenses to design, construct and install the Service Connections, in accordance with the requirements of the City's Development Bylaw, 2011.

(9) Reconsideration of a decision by Council

(a) The Applicant who is subject to a decision of the Engineer is entitled to have Council reconsider the matter.

(b) Without limiting Paragraph (a) , a decision by the Engineer, denying an Application, may be reconsidered, in accordance with the City's Appeal Procedure Bylaw, 2016.

Accounts payable to collector

10   All accounts for Service Connections, sewer charges and rates as prescribed by this Bylaw, are due and payable at the office of the Collector, Abbotsford City Hall, 32315 South Fraser Way, Abbotsford, British Columbia.

Connection to be approved by engineer

11   No Person may connect any plumbing facilities, drains, or outlets of any kind to the Sewer until such connection is approved by the Engineer.

No connection if service inadequate

12   The Engineer may refuse to provide a Service Connection to a Parcel of land where, in the opinion of the Engineer, the Common Sewer is incapable of adequately serving that Parcel of land.

Connection inspections

13   (1) Upon completion of the installation and construction of a Building Sewer, and before it is backfilled, the Owner must inform the Inspector that the Works are complete and that the Inspector may carry out an inspection of the Work.

(2) The Owner must leave all such Work uncovered and convenient for examination, and the Building Sewer may not be covered, backfilled, finished, or connected with the Service Connection in any way, until the Inspector approves, in writing, the construction and installation of the Building Sewer.

(3) The Owner must, at the direction of the Inspector, remove and replace all materials and workmanship which, in the opinion of the Inspector, are defective or otherwise not in accordance with the provisions of this or any other relevant Bylaw, and the Building Sewer may not be covered, backfilled, or connected with the Service Connection until the Building Sewer is accepted and approved by the Inspector, as provided in Subsection (2) .

(4) If the Owner fails to replace materials or correct faulty workmanship, as provided in Subsection (3) , the City may issue a notice under Section 4 , and the conditions imposed by Section 4 will apply to such notice.

(5) The Owner must pay an additional inspection fee, as prescribed in the City's Building Bylaw, 2016, for each additional inspection required, after the first inspection, due to faulty materials or workmanship.

Installation of Sewer Connection and Building Sewer

14   (1) Upon receipt of the Application to connect to the Sewer and payment of the sewer connection fee, as set out in the City's Fees and Charges Bylaw, 2006, the City may, if necessary, cause a Service Connection to be installed.

(2) The sewer connection fee, as set out in the City's Fees and Charges Bylaw, 2006, does not include connection to, or inspection of, Works within the property of the applicant.

(3) No Person other than the City, its employees or contractors, may install, or cause to be installed, any part of the Service Connection provided in this Bylaw, or in any way break, interfere or tamper with any Common Sewer of the City.

Disconnection from and reconnection to Sewer

15   (1) Before any Building Sewer is disconnected, and has a video inspection of a Service Connection or Common Sewer, the Owner of the lands or the Owner's agent requiring such disconnection, must apply to the City on the prescribed form for a permit to disconnect from the Service Connection or Common Sewer, and must pay to the City the applicable disconnection fee, as set out in the City's Fees and Charges Bylaw, 2006.

(2) If an Owner of lands, from which a Building Sewer has been disconnected from a Service Connection or Common Sewer, requires reconnection to such Service Connection or Common Sewer, the Owner must make an Application to the City in accordance with Section 5 for a permit to reconnect to the Service Connection or Common Sewer, and must pay a reconnection fee, as set out in the City's Fees and Charges Bylaw, 2006.

(3) On Application for a reconnection to a Service Connection or Common Sewer, and the City determines, as a result of the inspection, that the condition of the Service Connection will not permit reconnection, a new Service Connection may be installed and the Owner must pay the applicable fee for a new Service Connection, as set out in the City's Fees and Charges Bylaw, 2006. If the City determines, as a result of the inspection, that the condition of the Service Connection will permit reconnection, the Owner must supply and install, at the Owner's cost, an Inspection Chamber at the property line, in accordance with the City's standards prescribed for such installation.

Specifications for Building Sewers

16   (1) Each lot or potential lot must be separately and independently connected with the Common Sewer, unless otherwise determined by the Engineer.

(2) All Building Sewers must be constructed in accordance with the specifications contained in the current edition of the British Columbia Plumbing Code.

Sump and backwater valve

17   (1) Where a Building Sewer is connected to a Sanitary Sewer, every Owner, if required by the Engineer, must install a standard backwater valve, designed to the specifications and satisfaction of the Inspector, within the building or structure, or in an approved location outside the building.

(2) Where a Building Sewer is connected to a Storm Sewer, every Owner must install a standard sump and backwater valve within the building or structure or in an approved location outside the building, which is designed to the specifications and satisfaction of the Inspector.

Interceptors

18   (1) An Owner or Operator of Premises that is intended to be used for an industrial, commercial or institutional purpose may be required by the Engineer to install, operate and maintain Interceptors in the Building Sewer for the control of Waste containing grease, flammable substances, sand, grit or any other harmful ingredient.

(2) Interceptors required, pursuant to this Bylaw, must be installed and maintained by the Owner, or Operator, at the Owner, or Operator's, expense; and must be of the quantity and type as prescribed by the Engineer, and must be located so as to be easily accessible for inspection.

(3) The Owner or Operator of Premises described in Subsections (1) and  (2) must:

(a) keep each Interceptor in good working condition at all times; and

(b) service each Interceptor often enough so that it does not become overloaded.

(4) The Owner or Operator of Premises described in Subsections (1) and  (2) must keep a record at the Premises of all Interceptor inspection and maintenance activities including:

(a) the date of inspection or maintenance;

(b) the maintenance conducted;

(c) the type and quantity of material removed from the Interceptor; and

(d) the location and disposal of the material removed from the Interceptor.

(5) The records described in Subsection (4) must be retained onsite for a minimum period of two (2) years; and must be made available for inspection upon request by the Engineer.

(6) No Person may Discharge or deposit, or cause or permit the Discharge or deposit, of any Interceptor residue into any Sewer.

Swimming pools

19   Every swimming pool that is equipped with a pump system and located on a lot that is serviced by a Sanitary Sewer must Discharge the backwash pump into the Sanitary Sewer.

Recreational vehicles

20   No Person who operates a recreational vehicle may Discharge or drain, or permit or allow the Discharge or drainage of Recreational Vehicle Waste other than into a designated Sani-Dump station.

Household and commercial Garbage grinders

21   Every mechanically or electrically operated household or commercial Garbage grinder must:

(1) operate with cold Water flowing into the grinder and through the sink drain in a manner that congeals and aerates the solid and liquid greases within the grinding unit;

(2) Discharge Waste at a reasonably uniform rate in fluid form, that flows readily through an approved trap, drain line, or soil line in a manner that prevents clogging or stoppage of the drain line;

(3) be constructed with such operating characteristics that not more than five (5) percent by weight of all material that is discharged must have any dimension larger than 5 mm, and no particle may have any dimension greater than 5 mm, which is determined on a dry basis;

(4) be self-scouring with no fouling surfaces to cause objectionable odors;

(5) be free from electrical or mechanical hazards and protect the operator against injury during operation;

(6) be free from cross connection to any Water pipe; and

(7) comply with all relevant City Bylaws and any applicable Enactment.

Vehicle Wash Operations

22   (1) A Person who operates a Vehicle Wash Operation, or washes motor vehicles in conjunction with any commercial undertaking, must not Discharge, drain, or cause, allow, or suffer the Discharge or drainage of wash Water, other than into a Sanitary Sewer.

(2) The Discharge or drainage of wash Water into a Sanitary Sewer, must comply with the Code of Practice for Vehicle Wash Operations established in Schedule "G".

Septic tanks

23   (1) No Person may connect a septic tank to a Sewer, and no Person may permit any Sludge or deposit contained in any septic tank to enter into a Sewer.

(2) Where a building was served by one (1) or more septic tanks, and the building is subsequently connected to the Sewer, the Owner must, within three (3) months after the date of such connection, either remove the septic tank and fill the excavation, or clean the septic tank and fill the tank with gravel or sand in such a manner that there is no danger of tank collapse.

Trucked Liquid Waste

24   (1) No Person may Discharge or deposit, or cause or permit the Discharge or deposit of any Trucked Liquid Waste into any Sewer.

(2) Every Person must Discharge or deposit Trucked Liquid Waste only at the JAMES Plant, in accordance with the JAMES Wastewater Treatment Plant Procedure Manual.

(3) Every Person who Discharges Trucked Liquid Waste at the JAMES Plant must pay a Trucked Liquid Waste fee to the City calculated in accordance with the fee set out in the City's Fees and Charges Bylaw, 2006.

Discharges to Storm Sewer, Natural Outlets and Watercourses

25   (1) No Person may, directly or indirectly, Discharge or allow or cause to be discharged into a Storm Sewer, approved Natural Outlet or Watercourse:

(a) a Prohibited Waste or a Restricted Waste;

(b) Industrial Cooling Water unless that Person has first pretreated the Industrial Cooling Water which may contain insoluble Oils or Grease or insoluble Suspended Solids, to remove all Contaminants, before the resultant clear Uncontaminated Water is discharged;

(c) Industrial wash Water from the reclamation of foundry sand unless that Person has first pretreated the industrial wash Water to remove all insoluble Contaminants before the resultant clear Uncontaminated Water is discharged; or

(d) anything which may cause a Discharge from a Storm Sewer to contravene any requirements by, or under any permit issued under, the Environmental Management Act, or any other legislation governing the quality of the Discharge, or that may cause the Discharge to result in a hazard to people, animals, property or vegetation.

(2) A Person must only Discharge Uncontaminated Water from air-conditioning, cooling or condensing systems into a Storm Sewer or an approved Natural Outlet or Watercourse.

Discharges to Sanitary Sewers

26   (1) No Person may, directly or indirectly, Discharge or allow or cause to be discharged into a Sanitary Sewer:

(a) a Prohibited Waste;

(b) a Restricted Waste unless:

(i) that Person has first obtained a Wastewater Discharge Permit and the Discharge is in compliance with the Wastewater Discharge Permit; or

(ii) complies with a Code of Practice for that type of Waste;

(c) Waste from a Discharging Operation unless that Person:

(i) has first obtained a Wastewater Discharge Permit; or

(ii) complies with a Code of Practice for that type of Waste;

(d) industrial Cooling Water or Uncontaminated Water;

(e) Water from air-conditioning, cooling, or condensing systems;

(f) Storm Water, surface Water, groundwater, roof run-off or surface drainage in any amount; or

(g) Water or Waste, where the peak rate of Discharge is greater than three (3) times the average daily rate of Discharge by that User. If the peak rate of Discharge exceeds this limit, an additional peak flow surcharge may be imposed.

(2) No Person may, directly or indirectly, Discharge or allow or cause to be discharged into a Sanitary Sewer and Water or other Substance for the purpose of dilution of any Non-Domestic Waste.

(3) Every Person who directly or indirectly Discharges Waste or Substances produced, treated, handled or stored on property other than Residential Property into a Sanitary Sewer must, as a condition of that Discharge:

(a) provide and maintain facilities to prevent accidental Discharge or a Discharge contrary to this Bylaw or Wastewater Discharge Permit, including but not limited to Spill Containment, recovery or neutralization facilities for Substances which, if accidentally discharged, would constitute Prohibited Waste or Restricted Waste;

(b) post, and keep posted, permanent signs in conspicuous locations on the Premises displaying the name, telephone number of the Person to call as prescribed in Subsection 30 (5) in the event of accidental Discharge of a Prohibited Waste or Restricted Waste; and

(c) inform employees, who may cause or discover the Discharge of Prohibited Waste or Restricted Waste, of the notification procedures set out in Section 30 .

(4) The Engineer may cause any Building Sewer connected to a Sanitary Sewer or Service Connection without a permit, or any Building Sewer depositing into a Sanitary Sewer or into a Service Connection, any Wastewater, Substance or matter prohibited by this Bylaw, to be disconnected, stopped up, and closed.

(5) Where in the Engineer's opinion there exists the possibility that any of the Waste or Substances described in Subsection (1) may be discharged into a Sanitary Sewer from any Premises, the Engineer may issue a permit for the connection of such Premises to a Sanitary Sewer, if protective devices satisfactory to the Engineer are installed by the Applicant to prevent the Discharge of such Waste or Substances into the Sanitary Sewer or to neutralize the Waste or Substances.

(6) No Person may connect any roof leaders, foundation drains, field drains, sumps, or other collectors of surface or Groundwater to a Sanitary Sewer.

Wastewater Discharge Permits

27   (1) The Engineer may issue a Wastewater Discharge Permit to allow the Discharge of Waste other than Domestic Waste upon such terms and conditions as the Engineer considers appropriate for the protection of Sanitary Sewers, Wastewater Treatment System, human or animal health and safety and the environment, and without limiting the generality of the foregoing, may, as terms and conditions of the Wastewater Discharge Permit:

(a) place limits and restrictions on the quantity, frequency of Discharge and nature of the Waste permitted to be discharged;

(b) require the holder of a Wastewater Discharge Permit, at his expense, to repair, alter, remove or add Works, or construct new Works to ensure that the Discharge will comply with the Wastewater Discharge Permit, this Bylaw and any applicable Enactment;

(c) require the holder of a Wastewater Discharge Permit, at his expense, to monitor the Waste being discharged under the Wastewater Discharge Permit in the manner specified by the Engineer and to provide information concerning the Discharge as requested by the Engineer including, but not limited to, routine maintenance check dates, cleaning and Waste removal dates, and the means of disposal of accumulated Wastes and Waste treatment residuals;

(d) require the holder of the Wastewater Discharge Permit to submit to the Engineer detailed plans and operating procedures for all existing facilities installed on the Premises for the purpose of preventing accidental Discharge;

(e) require compliance by the holder of the Wastewater Discharge Permit with such other Enactments as the Engineer considers necessary or desirable in the circumstances; or

(f) make such other requirements as the Engineer deems necessary or desirable.

(2) The Engineer may require any Person or any class of Persons to obtain a Wastewater Discharge Permit for the Discharge by that Person or class of Persons of any Non-Domestic Waste that is not a Restricted Waste.

(3) Upon receipt of notice under Subsection (2) , the Person receiving the notice must, within 30 days, apply for a Wastewater Discharge Permit and must provide to the Engineer such information relating to the Discharge of Non-Domestic Waste by that Person as the Engineer may require.

(4) The Engineer may suspend or revoke a Wastewater Discharge Permit for failure to comply with the terms and conditions of the Wastewater Discharge Permit or for any failure to comply with this Bylaw, or any Enactment applicable to the Discharge of Waste into a Sanitary Sewer.

(5)

(a) A Wastewater Discharge Permit may not be transferred or assigned without the Engineer's consent in writing.

(b) The Engineer may withhold consent where there has been a breach of this Bylaw or a condition of the Wastewater Discharge Permit.

(6) An application for a Wastewater Discharge Permit for a new Discharge, or an amendment to an existing Wastewater Discharge Permit, must be submitted to the Engineer on the form approved by the General Manger, Engineering and Regional Utilities, not less than 90 days prior to the date that the Wastewater Discharge Permit is required; and must be accompanied by such information, drawings and specifications as may be required under Subsection (7) or  (8) , as applicable.

(7) An application for a Wastewater Discharge Permit must include:

(a) Applicant Information, including:

(i) company name;

(ii) business licence number and expiry date;

(iii) contact name, title, email, telephone, facsimile, emergency telephone, and mailing address;

(iv) site address;

(v) primary contact information, where applicable;

(vi) permit description; and

(vii) date permit required and length of time;

(b) Process Description, including:

(i) nature of business; and

(ii) raw materials & product/ by-products identification;

(c) Water Sources and Losses, including:

(i) the average daily volume contributed, or proposed to be contributed, from each Water Source; and

(ii) Whether there is or will be any water used in product manufacturing or lost through evaporation;

(d) the sources of Wastewater, including:

(i) how they are formed;

(ii) whether the formation is continuous or in batches; and

(iii) what the expected daily volume of Wastewater Discharge to the Sanitary Sewer;

(e) Operating Period Details, including:

(i) Typical Operating Period details, including:

(A) typical operating period;

(B) typical days of operation; and

(C) typical hours of operation;

(ii) Seasonal Variation details, including:

(A) whether the business operates on a seasonal basis

(B) If yes, indicate the typical months of operation;

(C) how does, or how will, the business reduce operations during non-peak periods;

(f) Flow Information, including:

(i) maximum daily discharge volume;

(ii) Peak Flow Rate;

(iii) maximum discharge duration; and

(iv) what method is used, or will be used, for measuring volumes of Wastewater discharges to the Sanitary Sewer;

(g) Wastewater Pretreatment, including:

(i) pretreatment devices or processes that are currently being used, or proposed to be used, to treat individual or combined Wastewater streams prior to Discharge to the Sanitary Sewer; and

(ii) treatment processes on the Schematic Flow Diagram and Site Layout;

(h) Monitoring Point Location, including

(i) the current or proposed Monitoring Point location in the Site Layout; and

(ii) the current or proposed Monitoring Point;

(i) Spill Prevention and Containment details, including any provisions to prevent spills from entering the Sanitary Sewer;

(j) Wastewater Classification and Quality, details including:

(i) whether any types of Prohibited Waste are contained in, or will be contained in, Wastewater discharged to the Sanitary Sewer;

(ii) whether any types of restricted Waste, are contained in, or will be contained in, the Wastewater discharges to the Sanitary Sewer. Where the answer is yes, please provide the concentration Waste before and after treatment. Provide actual analytical data wherever possible, which should be expressed as mg/L except as noted; and

(iii) where applicable, the provisions taken to comply with Column 3 of Schedule 1.2 (Standard for Discharges Directed to Municipal or Industrial Effluent Treatment Works) of the Hazardous Waste Regulations, including supporting information and analytical data;

(k) Expansion Plans details, including any process changes or expansions planned for the operation, during the next three (3) years, that could alter Wastewater Volumes or quality; and

(l) Supporting documents, including:

(i) Schematic Flow Diagram; and

(ii) Site Layout;

(8) An application for a Wastewater Discharge Permit for Groundwater Remediation Sites must include:

(a) Applicant Information, including:

(i) company name;

(ii) contact name, title, email, telephone, facsimile, emergency telephone, and mail address;

(iii) site address;

(iv) billing address; and

(v) date permit required and length of time;

(b) Site History, including:

(i) business activities and/or manufacturing processes responsible for the site contamination; and

(ii) the name of the current property owner;

(c) Site Contamination Characterization, including:

(i) the nature of the site contamination, including supporting analytical date for the Groundwater and/or collected Storm Water;

(ii) an assessment of whether Hazardous Wastes are present in the soil, Groundwater and/or Storm Water; and

(iii) if Hazardous Wastes are present, detail the provisions taken to comply with Column 3 of Schedule 1.2 (Standard for Discharges Directed to Municipal or Industrial Effluent Treatment Works) of the provincial Hazardous Waste Regulation;

(d) Operating Period, including:

(i) typical operating period details, including:

(A) typical operating period;

(B) typical days of operation; and

(C) typical hours of operation;

(ii) the typical number of hours of process Wastewater discharges to the Sanitary Sewer during specified time frames; and

(iii) expected duration of the project;

(e) Flow Information details, including:

(i) total remediation or excavation site area;

(ii) total Discharge volume over the requested term of the Permit;

(iii) maximum daily Discharge volume;

(iv) Peak Flow Rate;

(v) maximum Discharge duration; and

(vi) the method for measuring the volume of Wastewater discharges to the Sanitary Sewer;

(f) Wastewater Classification and Quality details, including:

(i) the Contaminants of concern in the Wastewater Discharge, including, but not limited to, hydrocarbons, BETX, PAHs, metals, Suspended Solids;

(ii) whether the Discharge includes Storm Water from direct precipitation;

(iii) a characterization of the Wastewater before and after Pretreatment, noting the presences of hydrocarbons, BETX, PAHs, metals, Suspended Solids, and any other pertinent Contaminants specified in Schedules "B" and "C";

(iv) whether any types of Restricted Wastes, are contaminated in the Wastewater to be discharges to the Sanitary Sewer, include supporting analytical data; and

(v) whether any other Substance Wastes are contained in the Wastewater. Where the answer is yes, the concentration levels before Pretreatment and after Pretreatment are applicable;

(g) Wastewater Treatment details, including:

(i) the type of remediation planned for the site;

(ii) a description of the Wastewater Treatment Works that will be utilized to treat the Wastewater prior to Discharge to the Sanitary Sewer, including:

(A) basic design criteria and sizing calculations for the treatment system components;

(B) the maximum design flow rate for the Treatment Works;

(C) justification of the Works based on Wastewater quality data, results from other similar installations and/or scientific evidence from literature demonstrating performance;

(D) maintenance procedures to be carried out to ensure integrity of the Works;

(E) any provisions to bypass the Treatment Works;

(F) for carbon filters, identify procedures/monitoring that will be implemented to ensure carbon replacement prior to breakthrough;

(G) method(s) of disposal of any treatment by-products; and

(H) a schematic flow diagram, identifying Wastewater sources, collection piping, Treatment Works, instrumentation, sampling point and the point of connection to the Sanitary Sewer.

(h) Spill Prevention and Containment details, including the provisions taken to prevent spills (e.g. from a hydrocarbon storage tank) or untreated groundwater from entering the Sanitary Sewer system; and

(i) the Application form must be signed by a representative of the company listed as the applicant, who will be responsible for complying with all terms and conditions of the Wastewater Discharge Permit; and Primary Contact Information, where applicable.

(9) A Wastewater Discharge Permit is only valid for a maximum of 365 days, unless otherwise specified by the Engineer. Wastewater Discharge Permits must be renewed no less than 30 days prior to the expiry date.

(10) There is no Application fee for a Person to apply for a Wastewater Discharge Permit.

(11) Each time the holder of a Wastewater Discharge Permit requests an amendment to the Wastewater Discharge Permit held by him, he must pay an amendment fee, as set out in the City's Fees and Charges Bylaw, 2006. Completion of an Application form is required. The amendment fee is payable upon issuance of the amended permit.

(12) No amendment fee will be charged for Wastewater Discharge Permit amendments that have been initiated by the City.

(13) A Person who applies for a Wastewater Discharge Permit for Groundwater Remediation sites must pay an Application fee, as set out in the City's Fees and Charges Bylaw, 2006

(a) The Application fee is payable upon submission to the Engineer of a completed Application, in accordance with Subsection (7) or  (8) as applicable.

(b) The City will not process an Application for a Wastewater Discharge Permit until the Application fee has been paid.

(c) The Application fee will not be refunded if the Engineer does not issue a Wastewater Discharge Permit for the Groundwater remediation site.

(14) Each time the holder of a Wastewater Discharge Permit for Groundwater Remediation sites requests an amendment to the Wastewater Discharge Permit held by him, he must pay an amendment fee, as set out in the City's Fees and Charges Bylaw, 2006. Completion of an Application, in accordance with Subsection (7) is required. The amendment fee is payable upon issuance of the amended permit.

(15) No amendment fee will be charged for Wastewater Discharge Permit amendments that have been initiated by the City.

(16) Wastewater Discharge Permit Conditions

In consideration of the granting of a Wastewater Discharge Permit, the Applicant must agree:

(a) to accept and abide by the Terms and Conditions herein;

(b) to accept and abide by this Bylaw;

(c) to provide any additional information on the Wastewater Discharge as required by City staff;

(d) to cooperate at all times with City staff in the inspection, sampling and study of the Wastewater facilities and Discharges;

(e) to ensure that no other Wastes are discharged into the Sanitary Sewer other than the agreed upon Wastewater;

(f) to operate only the Wastewater Discharge point(s) to the Sanitary Sewer as authorized under this permit;

(g) to inspect any Pretreatment equipment on a regular basis to ensure that it remains in good working order, and to notify City staff immediately of any malfunction of these works;

(h) to provide a Monitoring Point on the Discharge pipe entering the Sanitary Sewer, placing the Monitoring Point in such a location that it is easily accessible by City staff;

(i) to immediately notify the City, as specified in Section 30 (5) , and to undertake appropriate remedial action in the event of an accidental Discharge to any Sewer;

(j) without limiting Subsection (b) of these conditions, to pay the applicable Sanitary Sewer user fees, as set out in the City's Fees and Charges Bylaw, 2006, to allow City staff to obtain Discharge volumes by recording meter readings from a City Water Meter or a Sanitary Sewer meter; and if, a Sanitary Sewer meter is used to determine Sanitary Sewer use fees, to install the Sanitary Sewer meter in such a location that is easily accessible to City staff; and to provide City staff with confirmation of the Sanitary Sewer meter accuracy prior to discharging any Wastewater into the Sanitary Sewer;

(k) to pay the City any applicable charges for treatment and trunk Sanitary Sewer; as established in the Development Cost Charges Imposition Bylaw, 2008, and calculated by the Engineer in accordance with that bylaw;

(l) to pay the City any applicable charges for Biochemical Oxygen Demand (BOD) and/or total Suspended Solids (TSS) Waste, as set out in the City's Fees and Charges Bylaw, 2006;

(m) To apply for a revised Wastewater Discharge Permit if any changes in the processes, production, and methods of Wastewater treatment or operations creates a significant change in Wastewater volume or quality; and

(n) to pay all costs related to this Wastewater Discharge Permit are to be borne by the applicant.

(17) Notwithstanding Subsection (16) , the Engineer may modify the conditions of this agreement, subject to providing notice and reasons to the Applicant, and may suspend or revoke the Wastewater Discharge Permit at any time if the Engineer considers it necessary for public health or safety, the Permit holder has not complied with this Bylaw, or that any of the conditions of this Permit have been contravened.

(18) Wastewater Discharge Permit for Groundwater Remediation Sites Conditions

In consideration of the granting of a Wastewater Discharge Permit for Groundwater Remediation Sites, the applicant agrees:

(a) to accept and abide by the Terms and Conditions herein;

(b) to accept and abide by this Bylaw;

(c) to provide any additional information on the Wastewater Discharge as required by City staff;

(d) to cooperate at all times with City staff in the inspection, sampling and study of the Wastewater facilities and Discharges;

(e) to ensure that no other Wastes are discharged into the Sanitary Sewer other than the agreed upon Wastewater;

(f) to operate only the Wastewater Discharge point(s) to the Sanitary Sewer as authorized under this permit;

(g) to inspect any Pretreatment equipment on a regular basis to ensure that it remains in good working order and to notify City staff immediately of any malfunction of these works;

(h) to provide a Monitoring Point on the Discharge pipe entering the Sanitary Sewer, placing the Monitoring Point in such a location that is easily accessible by City staff;

(i) to immediately notify the City, as specified in Section 30 , and to undertake appropriate remedial action in the event of an accidental Discharge to any Sewer;

(j) Without limiting Subsection (b) of these conditions, to pay Sanitary Sewer user fees, as set out in the City's Fees and Charges Bylaw, 2006, to allow City staff to obtain Discharge volumes by recording meter readings from a City Water Meter or a Sanitary Sewer meter; if a Sanitary Sewer meter is used to determine Sanitary Sewer use fees, to install the Sanitary Sewer meter in such a location that is easily accessible to City staff; and to provide City staff with confirmation of the Sanitary Sewer meter accuracy prior to discharging any Wastewater into the Sanitary Sewer;

(k) to pay the City any applicable charges for treatment and trunk Sanitary Sewer, as established in the Development Cost Charges Imposition Bylaw, 2010, and calculated by the Engineer in accordance with that bylaw;

(l) to pay the City any applicable charges for Biochemical Oxygen Demand (BOD) and total Suspended Solids (TSS) Waste, as set out in the City's Fees and Charges Bylaw, 2006;

(m) to apply for a revised Wastewater Discharge Permit if any changes in the processes, production, and methods of Wastewater treatment or operations creates a significant change in Wastewater volume or quality; and

(n) to pay all costs related to this Wastewater Discharge Permit.

(19) Notwithstanding Subsection (18) the Engineer may modify the conditions of this agreement, subject to providing notice and reasons to the applicant, and may suspend or revoke the Wastewater Discharge Permit at any time if the Engineer considers it necessary for public health or safety, the Permit holder has not complied with this Bylaw, or that any of the conditions of this Permit have been contravened.

Codes of Practice

28   (1) A Code of Practice does not apply to a Discharging Operation that is subject to a Wastewater Discharge Permit, unless otherwise specified in the Wastewater Discharge Permit, or required by the Engineer.

(2) Nothing in a Code of Practice relieves a Person discharging Waste from complying with this Bylaw, a Wastewater Discharge Permit, or any other applicable Enactment.

(3) A Code of Practice does not apply to the Discharge of Domestic Waste.

(4) The Engineer may require a Discharging Operation to obtain a Wastewater Discharge Permit if considered necessary by the Engineer because of circumstances not covered by a Code of Practice.

(5) If a Code of Practice establishes a requirement in relation to a specific Discharging Operation which differs from a provision in this Bylaw, the requirements of the Code of Practice prevail.

Maintenance of Works and procedures

29   (1) Every Person who holds a Wastewater Discharge Permit or who operates a Discharging Operation or who otherwise Discharges Waste produced on property other than Residential Property into a Sanitary Sewer, must ensure that all necessary measures be taken to keep all equipment and facilities maintained and in good repair to ensure compliance with the terms and conditions of this Bylaw or a Wastewater Discharge Permit.

(2) No Person may Discharge, or allow or cause to be discharged, into a Sanitary Sewer or Wastewater Treatment System, Non-Domestic Waste, which has bypassed any Waste control Works or Treatment Works authorized and required by the Engineer or which is not otherwise in compliance with this Bylaw.

Notification

30   (1) A Person who Discharges Waste, or allows the Discharge of Waste, into a Sewer or a Wastewater Treatment System in contravention of a Wastewater Discharge Permit, or this Bylaw, after becoming aware of the Discharge, must stop the Discharge and, after reporting the Discharge in accordance with the Spill Reporting Regulation (where applicable), must immediately notify:

(a) the Engineer by telephone and provide the information specified in Subsection (5) ;

(b) the Owner of the Premises; and

(c) any other Person whom the Person knows, or reasonably should know, may be directly affected by the Discharge.

(2) Following notification as specified in Subsection (1) (a) , a completed copy of the form approved by the General Manager, Engineering and Regional Utilities, must be submitted to the Engineer within ten (10) days of the notification.

(3) A Person who discharged, or allowed a Discharge of Waste, referred to in Subsection (1) must, as soon as that Person becomes aware, or reasonably should have become aware of the Discharge, take all reasonable measures to:

(a) confine, minimize, counteract, mitigate, remedy and repair the effects of the Discharge; and

(b) remove or otherwise dispose of the Substance discharged in a manner consistent with this Bylaw and other applicable Enactments.

(4) A Person operating under an existing Wastewater Discharge Permit must notify the Engineer in writing not less than 30 days prior to:

(a) commencing a new activity; or

(b) expanding or changing an existing activity;

which affects or may affect the average composition or the total volume of Waste discharged by that Person.

(5) Reporting of Accidental Discharges to Sewer

Pursuant to Subsection (1) ), the following information must be provided:

(a) Site Information, including:

(i) company name;

(ii) contact person, and title;

(iii) telephone number, fax number, emergency access telephone number, and mailing address; and

(iv) site address;

(b) Accidental Discharge Information details, including

(i) date of accidental Discharge;

(ii) time of accidental Discharge;

(iii) duration of accidental Discharge;

(iv) total volume or weight of accidental Discharge;

(v) description of the location of the accidental Discharge;

(vi) summary of the type and concentration of all Substances discharged; and

(vii) summary of any associated hazards with the Substance accidently discharged;

(c) corrective action details, including a summary of corrective action being taken, or anticipated to be taken, to control the accidental Discharge or to prevent similar accidental Discharges; and

(d) a signed declaration that the information provided is correct and accurate.

Powers of Engineer

31   (1) An Operator or Owner of a Premises connected to a Sewer must, at all reasonable times, allow, suffer, and permit the Engineer or any Person under his authority, to enter into and on the Premises to:

(a) determine whether the provisions of this Bylaw are being carried out;

(b) determine the size, depth, location, and condition of any Sewer, Building Sewer and all connections made and used;

(c) determine the location, method and place of Discharge from a roof and surface drains and plumbing Fixtures;

(d) inspect, observe, measure, sample, and test the quantity and nature of Waste being discharged into any Sewer, Natural Outlet or Watercourse;

(e) determine whether the terms of a Wastewater Discharge Permit have been or are being complied with; or

(f) determine whether the terms of a Code of Practice have been or are being complied with.

(2) All Works undertaken as a result of permits issued under this Bylaw are subject to the approval of the Engineer insofar as design, construction, and operation are concerned.

(3) If, in the opinion of the Engineer, Water or Waste that a Person proposes to Discharge into a Sewer is either Restricted Waste under Schedule "C" or may create a hazard or nuisance or damage the Sewer, the Engineer may either refuse to accept the Water or Waste, or require that the Person provide any or all of the following:

(a) Pretreatment of the Water or Waste to an approved standard before Discharge;

(b) a controlled rate of Discharge of the Water or Waste; or

(c) payment of the additional direct and indirect costs incurred by the City to handle or treat the Water or Waste.

(4) An Owner, or Operator of, a Premises who fails or refuses to allow or permit the Engineer or any Person under his authority to enter Premises to administer this Bylaw commits an offence.

Inspections, sampling, and monitoring of Discharges

32   (1) The Engineer may require that a Person who is discharging Non-Domestic Waste or any Waste other than Domestic Waste into a Sanitary Sewer must, at his expense, install one (1) or more Monitoring Points, suitable for inspection, flow monitoring and sample collection, at locations determined by the Engineer.

(2) Every Monitoring Point required under Subsection (1) must be constructed in accordance with plans approved by the Engineer, and be maintained in good working order at all times.

(3) A Monitoring Point required under Subsection (1) must be installed in a manner so as not to be affected by any Discharge of Domestic Waste from a Premises, unless otherwise authorized by the Engineer.

(4) A Monitoring Point required under Subsection (1) must, for the purposes of enforcing this Bylaw, be deemed to be the point or points at which a Discharge into a Sanitary Sewer or Wastewater Treatment System is made.

(5) In the absence of a Monitoring Point under Subsection (1) , the point of Discharge into a Sanitary Sewer or Wastewater Treatment System must, for the purposes of enforcing this Bylaw, be the location determined by the Engineer where access can be had to the Waste for the purpose of sampling and flow monitoring.

(6) Where a Person is required to install a Monitoring Point under Subsection (1) and the Person cannot comply with such requirement within 60 days of being notified of the requirement by the Engineer, the Person must, within 60 days of the notice being issued by the Engineer, inform the Engineer of his inability to install the Monitoring Point and the City may install or cause to be installed the Monitoring Point at the Person's expense.

(7) The Owner of a Premises must ensure that all Monitoring Points, flow measuring devices and other devices specified in a Wastewater Discharge Permit, including Water Meters, are accessible for inspection by the Engineer at all times.

(8) The Engineer may require that a Person who is discharging Waste into a Sanitary Sewer have their Discharge monitored by the City for compliance determinations.

(9) Compliance determinations with respect to Prohibited Waste and Restricted Waste will be made on the basis of one (1) instantaneous Grab Sample or Composite Sample. The method and frequency of sampling will be determined by the Engineer, and the costs to purchase, install and maintain any required composite sampling equipment will be borne by the City.

(10) All sampling required by the Engineer will be carried out by City employees or persons designated by the Engineer.

(11) All sampling and analysis required by the Engineer will be carried out in accordance with methods and procedures specified in the latest edition of Standard Methods or in a manner specified by the Engineer.

(12) Samples which have been collected as the result of a requirement of the Engineer will be analyzed by an independent agency or by a laboratory authorized by the Engineer.

(13) If all test results meet the requirements under the Bylaw, the costs to collect and test the sample will be borne by the City. If any test results are above the limits specified in this Bylaw, the costs to collect and test the samples will be charged to the User.

(14) Users with private water supplies, or discharging portions of Unpolluted Water to atmosphere, ditches, or creeks, must at the discretion of the Engineer, install flow meters on their Wastewater Discharge lines or Water Meters on their private Water supplies. Such meters must be constructed and installed to the satisfaction of the Engineer and at the expense of the User.

Tampering with Sewers

33   No Person may maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any Sewer or its components.

Responsibility to repair damage

34   (1) In the event any Building Sewer is stopped or otherwise damaged, and the Owner fails to take the necessary steps to clear the stoppage or repair the damage, the Engineer may take all necessary steps to unstop the Building Sewer drain or repair the damage at the expense of the Owner. Such expense will be a charge for Work done or services provided to lands and improvements under the provisions of the Community Charter, and are a charge or lien on the lands of the Owner which may be collected in the same manner and with the same remedies as ordinary property taxes.

(2) In the event any Service Connection is stopped or damaged, the Owner must immediately notify the Engineer, who may take all necessary steps to clear the stoppage or repair the damage at the expense of the Owner. Such expense will be a charge for Work done or services provided to lands and improvements under the provisions of the Community Charter, and are a charge or lien on the lands of the Owner, which may be collected in the same manner and with the same remedies as ordinary property taxes.

(3) Where there exists a possibility that a Prohibited Waste or a Restricted Waste may be discharged into a Sewer from any Premises, the Engineer may cause a clean-up of the Prohibited Waste or Restricted Waste to be carried out at the cost of the Owner(s) of the Premises.

City not liable for failure of Sewer

35   The City will not be liable to any Person for the failure of the Sewer system, or any part or portion, or for any damage or injury caused to Persons or property arising from a malfunction or failure of the Sewer system, whether caused by alterations, repairs, accident or damage to the Sewer, or by any other reason, and whether such failure or malfunction arises from the negligence of any Person in the employ of the City or other Person, or through natural deterioration or obsolescence of the Sewer, or otherwise.

Leak Adjustment

36   (1) A Person who applies for a Leak Adjustment must pay an application fee, as set out in the City's Fees and Charges Bylaw, 2006.

(2) Where a property qualifies for water leak adjustment under the City's Waterworks Regulation Bylaw, 2017, the adjustment to the sewer bill will also be considered.

(3) Where a property does not qualify for water leak adjustment under the City's Waterworks Regulation Bylaw, 2017, the sewer bill may be adjusted if the following criteria are met:

(a) the water leak must not have entered the sanitary sewer system;

(b) the property may be residential, commercial, industrial, institutional or agricultural;

(c) both the utility account and tax account must be in good standing with no fees or penalties owing; and

(d) submission of:

(i) a completed leak adjustment application form;

(ii) Leak Adjustment Application Fee, as set out in the City's Fees and Charges Bylaw, 2006; and

(iii) proof of repair in the form of a copy of an invoice for the cost of the repair.

(4) The following scenarios do not qualify for sewer adjustment:

(a) outdoor water use, including, but not limited to, vehicle wash and pressure washing;

(b) irrigation and watering of plants, garden, vegetation or greenhouses;

(c) filling in-ground or above ground swimming Pools, ponds or other water features; or

(d) leaks arising from unattended or neglected plumbing Fixtures including, but not limited to, outside faucet and hose bib.

(5) The adjustment period for the leaks is limited to previous billing period, plus the current billing period. Consumption during that period will be adjusted based on the average consumption of the previous twelve months (six (6) billing periods) before the leak started.

Sanitary Sewer Service Area

37   (1) The Sanitary Sewer Service Area, as set out in Schedule "I", generally services those properties within the Urban Development Boundary.

(2) The Sanitary Sewer Service Area also includes those areas where Council has approved a sewer boundary extension, including, but not limited to, Matsqui Village and Clayburn Village.

(3) Where a property is not located within the Sanitary Sewer Service Area, the General Manager, Engineering and Regional Utilities, is authorized to consider and may approve a sewer connection in special circumstances, including but not limited to, proximity to adjacent trunk mains, available capacity, and health reasons.

Sewer connections for rural properties

38   (1) The purpose for providing rural properties with sewer connections is to address septic issues that may compromise public health and public safety. The intent is not to promote expansion of farm facilities or encourage removal of land from the Agricultural Land Reserves.

(2) The sanitary sewer system and the JAMES Plant are designed to service properties located within the Sanitary Sewer Service Area, as set out in Schedule "I".

(3) The area within the Sewer Boundary is serviced by sewer transmission mains crossing the Agricultural Land Reserve lands to the Plant.

(4) Many of the single family dwellings in the Agricultural Land Reserve are in areas with poor draining soils and/or high water table. These properties may be permitted to connect to the adjacent sewer, subject to sewer capacity availability, and are not required to extend the Sewer Boundary or install onsite advanced septic systems.

(5) Only single family residential dwellings, as set out in the City's Zoning Bylaw, 2014, may be permitted to connect. Farm buildings, farm use and/or any other uses are not permitted to connect.

(6) Sewer connections may be only considered under the following conditions:

(a) a sewer main is adjacent or fronts the property and has available capacity to accommodate the additional rural residential single family dwelling (existing, new or replacement home);

(b) it does not lead to create additional Parcels of land;

(c) the property Owner demonstrates that a conventional septic system will not work due to local conditions, such as but not limited to: poor percolation rate, high ground water, and setbacks from creeks/streams and/or wells; and submits supporting documentation, from a Professional Engineer or registered onsite wastewater practitioner, to General Manager, Engineering and Regional Utilities;

(d) the property Owner demonstrates, by submitting supporting documentation from a Professional Engineer or registered onsite wastewater practitioner, that the septic problem is not due to lack of maintenance;

(e) the property Owner agrees to register a Section 219 Covenant on the title of the property, limiting the connection to one (1) single family dwelling; and

(f) the property Owner agrees to pay all applicable fees and charges, including, but not limited to:

(i) connection fees, as set out in the City's Fees and Charges Bylaw, 2006;

(ii) equivalent Development Cost Charges, for a similar single family residential dwelling in the Urban Development Boundary, as set out in the City's Development Cost Charges Imposition Bylaw, 2010, and Development Cost Charges (Joint Water Supply and JAMES Treatment Plant) Imposition Bylaw, 2008;

(iii) applicable local improvement charges, as set out in the associated City bylaw;

(iv) Section 219 Covenant registration fees, as set out in the City's Development Application and Service Fee Bylaw, 2010; and

(v) annual User fees, as set out in the City's Fees and Charges Bylaw, 2006.

(7) A sewer boundary extension will not be considered under this Section.

(8) Where a property is not located within the Sanitary Sewer Service Area, the General Manager, Engineering and Regional Utilities, is authorized to consider and may approve a sewer connection in special circumstances, including but not limited to, proximity to adjacent trunk mains, available capacity, and health reasons.

Car washes

39   The conduct and operation of a car wash must be in accordance with the City's Waterworks Regulation Bylaw, 2017.

Offence and penalties

40   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply in addition to any applicable direct and indirect clean-up and damage costs or other charges:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a Person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw;

is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence.

General

41   (1) Nothing in this Bylaw may be interpreted as relieving a Person discharging Waste from complying with all federal, provincial and local government Enactments governing the Discharge of Waste into Sewers.

(2) Where the Engineer has authority to direct that a matter or thing be done by a Person, the Engineer may also direct that, if the Person fails to take the required action, the matter or thing will be done by the City at the expense of the Person in default and the costs recovered from that Person as a debt.

(3) The Schedules attached to this Bylaw are deemed to be an integral part of this Bylaw.

Repeal

42   Bylaw No. 1862-2009, cited as "Sewer Rates and Regulations Bylaw, 2009", and all amendments, are hereby repealed.

READ A FIRST TIME on May 8, 2017 READ A SECOND TIME on May 8, 2017 READ A THIRD TIME on May 8, 2017 ADOPTED on May 10, 2017

Schedule "A"

Definitions

In this Bylaw, unless the context otherwise requires:

"Activated Carbon" means treated or prepared granular carbon capable of removing organic compound and other Substances from Waste or Wastewater through the processes of adsorption and absorption.

"Air" means the atmosphere but, except in a Sewer or a Wastewater Treatment System or as the context may otherwise require, does not include the atmosphere inside a constructed enclosure that is not open to the weather.

"Air Contaminant" means any Substance or odour whether gaseous, liquid, solid or a combination that is emitted into the air and that:

(a) injures or is capable of injuring the health or safety of a person;

(b) injures or is capable of injuring property or any life form;

(c) interferes or is capable of interfering with visibility;

(d) interferes or is capable of interfering with the normal conduct of business;

(e) causes or is capable of causing material physical discomfort to a person; or

(f) damages or is capable of damaging the environment.

"Air Contaminant Waste" has the meaning ascribed to it in Schedule "B".

"Agricultural Land Reserve" means agricultural land designated as an agricultural land reserve under the Agricultural Land Commission Act, SBC 2002, and includes an agricultural land reserve under a former Act.

"Applicant" means the Person submitting an Application.

"Application" means a request for one (1) of the following:

(a) sewer connection;

(b) sewer reconnection;

(c) a Wastewater Discharge permit;

(d) to amend, add or delete a term or condition of a wastewater Discharge Permit;

(e) to change the activity that is the subject of a Wastewater Discharge Permit;

(f) to renew a Wastewater Discharge Permit; or

(g) Payment Plan.

"Automotive Operation" means any commercial, industrial, or institutional operation or public authority that carries out the repair or maintenance of vehicles, engines, transmissions or other mechanical devices that use any oil or grease for lubricating purposes including, but not limited to: Collision repair shops, mechanical repair shops, service stations, fueling stations, oil change operations, vehicle dealerships, vehicle maintenance facilities, vehicle recycling operations, radiator repair shops, towing businesses, but not including Vehicle Wash Operations.

"Biochemical Oxygen Demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic Substances under standard laboratory procedures in five (5) days at 20 degrees Celsius expressed in milligrams per litre, as determined by the appropriate procedure in Standard Methods.

"Biomedical Waste" has the meaning ascribed to it in Schedule "B".

"Biosolids" means stabilized Wastewater Sludge resulting from a local government Wastewater treatment process which has been sufficiently treated to reduce pathogen densities and vector attraction to allow the Sludge to be beneficially recycled in accordance with the requirements of the provincial Organic Matter Recycling Regulation.

"Building Official" has the same meaning as set out in the City's Building Bylaw, 2003.

"Building Sewer" means the Sewer pipe extending from the property line of the property concerned or from the easement line where the Common Sewer is located in an easement, through the property to the building situated on, and joining the Service Connection to the plumbing system at the building.

"Certified Amalgam Separator" means any Amalgam Separator that is certified in accordance with ISO Standard ISO/FDIS 11143: (1999) for "Dental equipment – Amalgam Separators" or its amendments as established by the International Organization for Standardization.

"Chemical Recovery Cartridge" means a cartridge filled with steel wool, iron mesh, iron particles or iron-impregnated resin capable of removing silver from silver-bearing Waste through the principle of metallic replacement.

"Chlorinated Phenols" means the chlorinated derivatives of Phenols specified in Schedule "C"; and as determined by the appropriate procedure described in Standard Methods or in procedures authorized by the Engineer.

"City" means the City of Abbotsford.

"Code of Practice" means a regulatory document developed by the City which contains mandatory Sanitary Sewer Discharge standards for specific industrial, institutional or commercial operations including, without limitation minimum Waste treatment, equipment maintenance and record keeping requirements for various operations.

"Collecting Container" means the part of a Certified Amalgam Separator designed for retention of separated Amalgam Waste for the purpose of disposal.

"Collector" means the designated City officer appointed by Council and assigned responsibility as collector of taxes for the City, or such other person as Council may, by resolution, designate.

"Common Sewer" means any Sewer, Sewer system or portion thereof used, or intended to be used, for public use and under the control of the City.

"Composite Sample" means a sample of Waste which is composed of equivalent portions of a specified number of Grab Samples collected manually or automatically at the same sampling point, at specified times or flow intervals during a specified sampling period.

"Contaminant" means any Substance whether dissolved or suspended, or any Wastewater quality parameter that, when present above a certain concentration in Wastewater:

(a) injures or is capable of injuring the health or safety of a person;

(b) injures or is capable of injuring property or any life form;

(c) interferes or is capable of interfering with the proper operation of a sewer or sewage facility;

(d) causes or is capable of causing material physical discomfort to a person; or

(e) damages or is capable of damaging the environment.

"Cooling Water" means Water obtained from a domestic Water supply, or other fresh Water source, which is used in an industrial, institutional or commercial cooling process and to which no Contaminant has been added or is present.

"Corrosive Waste" has the meaning ascribed to it in Schedule "B".

"Council" means the City Council of the City of Abbotsford.

"Cumulative Flow" means the total flow in cubic metres over a known period of time.

"Cumulative Flow Meter" means a device used for measuring Cumulative Flow.

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

"Dental Operation" means any operation that carries out dental care, dental hygiene or dental laboratory activities which produces liquid Waste containing mercury or silver and which is required to operate under the Code of Practice set out in Schedule "D".

"Discharge" means to directly or indirectly introduce a Substance into a Sewer or Wastewater Treatment System by spilling, disposing, abandoning, depositing, leaking, seeping, pouring, draining, emptying or by any other means.

"Discharging Operation" means an industrial, commercial, institutional or other undertaking required to operate under a Code of Practice established as part of this Bylaw.

"Domestic Waste" means liquid Waste:

(a) from the non-commercial preparation, cooking, and handling of food; or

(b) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.

"Dry Cleaning Operation" means any commercial, industrial, or institutional operation that carries out the cleaning of textile and apparel goods, rugs, furs, leathers and apparel goods, rugs, furs, leathers and other similar articles using Tetrachloroethylene.

"Dry Shop" means an Automotive Operation that has disconnected all Non-Domestic Waste drains from the Sanitary Sewer system and does not Discharge any Non-Domestic Waste to the Sanitary Sewer.

"Electrolytic Recovery" means a method of recovering silver from silver-bearing liquid Waste by passing direct electrical current between electrodes suspended in Waste.

"Enactment" means any applicable act, regulation, bylaw, order or authorization, by a federal, provincial, regional or municipal government or their authorized representatives.

"Engineer" means the General Manager, Engineering and Regional Utilities of the City of Abbotsford, or any person authorized by the General Manager, Engineering and Regional Utilities to act on his behalf to administer or enforce the provisions of this Bylaw.

"Engineering and Regional Utilities Department" means the City of Abbotsford's Engineering and Regional Utilities Department.

"Environmental Management Act" means the British Columbia Environmental Management Act.

"Food Waste" has the meaning ascribed to it in Schedule "B".

"Fixture" means a receptacle, appliance, apparatus or other device that Discharges Wastewater and includes floor drains.

"Flammable or Explosive Waste" has the meaning ascribed to it in Schedule "B".

"Flow Control Fitting" means a device used to limit the flow of Water into a Wet Vacuum System to a rate which does not exceed the maximum inlet flow rate of a Certified Amalgam Separator installed downstream.

"Full Mass Loading" means the total mass of a Substance in the Wastewater discharged to the Sanitary Sewer over a given time interval usually expressed in kg/d

"Garbage" means solid Waste from the domestic and commercial preparation, cooking, handling, storage, sale, and dispensing of food.

"General Manager, Engineering and Regional Utilities" means the General Manager, Engineering and Regional Utilities, for the City or designate.

"Grab Sample" means a sample of Waste collected at a particular time and place.

"Grease Trap" means a device designed and installed to separate and retain Oil and Grease from Wastewater for physical removal, while permitting Wastewater to Discharge to the Sanitary Sewer.

"Groundwater" means Water in a saturated zone or stratum beneath the surface of land or below a surface Water body and includes, but not limited to, Water supplied to wells and springs.

"Groundwater Remediation" means the process by which contaminated groundwater is removed and treated through technologies including, but not limited to, biological, chemical and physical treatment.

"Hazardous Waste" has the meaning ascribed to it in the Environmental Management Act and in Schedule "B".

"Hazardous Waste Regulation" means the provincial Hazardous Waste Regulation, enacted pursuant to the Environmental Management Act.

"Hazardous Waste Regulation Leachate Quality Standards" means the Contaminant concentrations for leachate as set out in Table 1, Schedule 4 of the Hazardous Waste Regulation.

"High Temperature Waste" has the meaning ascribed to it in Schedule "B".

"Inspection Chamber" means a device installed on a Service Connection in accordance with City's Development Bylaw, 2011.

"Inspector" means a building inspector of the City of Abbotsford, appointed by Council.

"Interceptor" means a receptacle approved by the Engineer and designed to prevent Oil and Grease, sand or other matter from passing from the source thereof into any Sewer.

"ISO Standard" means standard ISO/FDIS 11143: (1999) for "Dental equipment – Amalgam separators" or its amendments as established by the International Organization for Standardization.

"JAMES Plant" means the Joint Abbotsford Environmental Systems Wastewater Treatment Plant, located at 5959 Gladwin Road; and jointly owned and operated by the City and District of Mission.

"Kg/d" means kilograms per day.

"Lower Explosive Limit" (LEL) means the lowest concentration of a flammable gas or vapour at ordinary ambient temperatures, (% by volume in air) in which explosion can occur upon ignition in a confined area.

"Metering Pump" means a pump designed to deliver Waste at a calibrated flow rate.

"mg/L" means milligrams per litre.

"Miscellaneous Prohibited Waste" has the meaning ascribed to it in Schedule "B".

"Miscellaneous Restricted Waste" has the meaning ascribed to it in Schedule "C".

"Monitoring Point" means an access point to a Sewer, private drainage system or other Sewer system for the purpose of:

(a) measuring the rate of flow or volume of Wastewater being discharged from a Premises;

(b) collecting representative samples of Wastewater being discharged from a Premises.

"Natural Outlet" means any outlet into a Watercourse, pond, ditch, lake, bay, ocean, or other body of surface Water or into groundwater.

"Non-Domestic Waste" means all Waste except Domestic Waste, Storm Water and Uncontaminated Water.

"Obstructive Waste" has the meaning ascribed to it in Schedule "B".

"Off-Site Waste Management" means removal of Waste to a facility licensed by a provincial or federal government for treatment and disposal in accordance with applicable Enactments.

"Oil and Grease" means an organic Substance or Substances recoverable by the partition-gravimetric procedure set out in Standard Methods or a procedure authorized by the Engineer and includes, but is not limited to, hydrocarbons, esters, fats, oils, waxes and high molecular weight carboxylic acids.

"Oil and Grease (Hydrocarbons)" means an organic Substance or Substances recoverable by the partition-gravimetric silica gel absorption procedure set out in Standard Methods or a procedure authorized by the Engineer and includes, but is not limited to, non-polar petroleum hydrocarbons.

"Oil-Water Separator" means a three-stage oil-water separator that meets the Standard for Oil-Water Separators (ULC-S656-00) prepared by Underwriters' Laboratories of Canada or equivalent oil-water separation technology able to achieve an effluent quality of 50 mg/L of Oil and Grease (hydrocarbons) or less.

"Operator" means the Person who owns or otherwise has a right to operate a Discharging Operation or any Person who has been authorized by such Person to act as their agent.

"Owner" has the meaning assigned to it under the Community Charter and includes the authorized agent of the Owner.

"Parcel" means a lot, block or other area in which land is held or into which it is subdivided.

"Payment Plan" means the details and conditions of re-payment of the connection charges by the Applicant to the City, as determined by the Engineer.

"Peak Flow Rate" means the rate at which Wastewater is discharged to the Sanitary Sewer during the single highest 5-minute Discharge period as reported in L/s.

"Person" means an individual, firm, company, association, society, partnership, corporation, local government, institution or other similar organization, agency or group as the context requires.

"pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per litre of solution, as determined by the appropriate procedure in Standard Methods.

"Phenols" means the hydroxy derivatives of aromatic hydrocarbons as determined by the appropriate procedure described in Standard Methods.

"Photo Imaging Operation" means any operation which carries out photographic film processing or printing that uses silver in image forming or creates Waste containing silver and which is required to operate under the Code of Practice set out in Schedule "E".

"Plumbing Inspector" means a person or persons designated by the City as a Plumbing Inspector, and includes the supervisors for this position.

"Polynuclear Aromatic Hydrocarbons" (PAH), also known as polycyclic aromatic hydrocarbons, means the aromatic hydrocarbons specified in Schedule "C", as determined by the appropriate procedure described in Standard Methods or in procedures authorized by the Engineer.

"Pool" means any Water receptacle used for swimming or as a bath or hot tub designed to accommodate more than one (1) bather at a time or designed for decorative purposes.

"Premises" means any land or building or both or any part thereof.

"Pretreatment" means applications of physical, chemical, and biological processes to reduce the amount of Contaminants in, or alter the nature of, the Contaminant properties in Wastewater prior to discharging such Wastewater into the Wastewater Treatment System.

"Prohibited Waste" means a Hazardous Waste, Radioactive Waste, Air Contaminant Waste, Flammable or Explosive Waste, Obstructive Waste, Corrosive Waste, High Temperature Waste, Food Waste, Biomedical Waste and Miscellaneous Prohibited Waste, all as described in Schedule "B".

"Public Works Division" means the Engineering and Regional Utilities Department, Public Works Division.

"Radioactive Waste" has the meaning ascribed to it in Schedule "B".

"Recreational Vehicle Waste" means Domestic Waste accumulated in a holding tank in a trailer, camper, transportable housing unit, bus or aircraft.

"Residential Property" means a property which is used primarily for the purpose of residence by persons on a permanent, temporary or seasonal basis.

"Restricted Waste" means a Specified Waste, ph Waste, BOD and TSS Waste, Wash Water Waste, Dyes and Colouring Material and Miscellaneous Restricted Waste all as described in Schedule "C".

"Sani-Dump" means a facility allowing the Discharge of Recreational Vehicle Waste directly or indirectly to a Sewer or a Wastewater Treatment System.

"Sanitary Sewer" means a Sewer which carries Domestic and Non-Domestic Wastes, but is not intended to carry Storm Water or Cooling Water.

"Sanitary Sewer Service Area" means an area within the City that is generally serviceable with the sanitary sewer system.

"Service Agreement" means an agreement between the Applicant and the City for a Service Connection.

"Service Connection" means the Sewer pipe extending from the Common Sewer to the property line of the property being served or about to be served, or where the Common Sewer is located in an easement through the property, means the Sewer pipe extending from the Common Sewer to the easement line.

"Sewer" means all pipes, conduits, drains and other equipment and facilities, owned or otherwise under the control or jurisdiction of the City for collecting, pumping and transporting Wastewater either to a Wastewater Treatment System, or otherwise, and includes, but is not limited to, all such pipes, conduits, drains and other equipment and facilities which connect with those of the City, and includes a Storm Sewer and Sanitary Sewer.

"Sharps" means hypodermic needles, hypodermic syringes, blades, broken glass and any devices, instruments or other objects which have acute rigid corners, edges or protuberances.

"Silver Recovery System" means the combination of holding tanks, metering pumps, plumbing and silver recovery technology which is used to treat liquid Waste containing silver produced by Photo Imaging Operations.

"Silver Recovery Technology" means equipment that is designed to recover silver from liquid Waste produced by Photo Imaging Operations using such methods as metallic replacement, electrolysis, ion exchange or chemical precipitation including: electrolytic units, chemical recovery cartridges, chemical precipitation units and ion exchange units.

"Silver Test Kit" means a test kit that is capable of measuring the silver concentration in liquid Waste at a minimum level of 100 mg/L.

"Silver Test Paper" means test paper that is capable of measuring the silver concentration in liquid Waste at a minimum concentration of 500 mg/L.

"Sludge" means Wastewater containing more than 0.5% total solids.

"Solvent" means a hydrocarbon-based liquid used to clean equipment or to dissolve other Substances.

"Spill Containment" means Spill Containment as required under the provincial Hazardous Waste Regulation enacted pursuant to the Environmental Management Act.

"Spill Reporting Regulation" means the Spill Reporting Regulation enacted pursuant to the Environmental Management Act.

"Spill Response Plan" means a written plan developed for the Operator to respond to any spills of Prohibited Waste or Restricted Waste that defines the rules and responsibilities for a spill response, and includes contact names and numbers for the appropriate agencies and a list of all spill response equipment.

"Standard Methods" means the latest edition of Standard Methods for the Examination of Water and Wastewater jointly prepared and published from time to time by the American Public Health Association, American Water Works Association and the Water Environment Federation.

"Storm Sewer" or "Storm Drain" means a Common Sewer which carries Storm Water and surface Water, but excludes Domestic Waste and Non-Domestic Waste containing Contaminants.

"Storm Water" means any flow occurring during, or immediately following, any form of natural precipitation and resulting therefrom.

"Substance" includes any solid, liquid or gas.

"Suspended Solids" means the total suspended matter that floats on the surface of, or is suspended in, Water, Wastewater, or other liquids and which is removable by laboratory filtering, as determined by the appropriate procedure in Standard Methods.

"Tetrachloroethylene" means an aliphatic hydrocarbon having the chemical formula CCl2=CCl2 also referred to as ethylene tetrachloride, PCE, perc, perchlor, perchlorethylene, perchloroethylene, perk, tetrachloroethene and 1,1,2,2-tetrachloroethylene.

"Tetrachloroethylene-Contaminated Residue" means any solid, liquid or sludge containing Tetrachloroethylene, other than Wastewater, that is produced by a Dry Cleaning Operation.

"Tetrachloroethylene-Water Separator" means equipment used to separate Tetrachloroethylene and Water by gravity.

"Transportation of Dangerous Goods Regulations" means the Transportation of Dangerous Goods Regulation SOR/2001-266 enacted pursuant to the Transportation of Dangerous Goods Act of Canada.

"Treatment Works" means any Works or procedures specified in a Code of Practice or a Wastewater Discharge Permit designed for the treatment of Waste.

"Trucked Liquid Waste" means any Waste that is collected and transported off-site by means other than Discharge to a Sanitary Sewer, including, but not limited to, septic tank Waste, Oil and Grease from Grease Traps, and other Sludges of organic origin.

"Uncontaminated Water" means Water not containing any Contaminants restricted or prohibited by the effluent standards in effect, or Water the Discharge of which will not cause any violation of receiving Water quality standards.

"Urban Development Boundary" has the same meaning as set out in the City's Official Community Plan Bylaw, 2016.

"User" means any Person who Discharges, causes, or permits the Discharge of Wastewater into a Sewer.

"Vehicle Wash Operation" means the washing of the exterior of vehicles by any commercial, industrial or institutional operation or by a public authority.

"Water Features" has the same meaning as set out in the City's Waterworks Regulation Bylaw, 2017.

"Water Meter" has the same meaning as set out in the City's Waterworks Regulation Bylaw, 2017.

"Waste" means any Substance whether gaseous, liquid or solid, that is, or is intended to be, discharged or discarded, directly or indirectly, to a Sewer.

"Wastewater" means the composite of Water and water-carried Wastes from residential, commercial, industrial or institutional premises or any other source.

"Wastewater Discharge Permit" means a Wastewater Discharge Permit issued by the Engineer under this Bylaw for Discharges to the Sanitary Sewer.

"Wastewater Sludge" means the removed material resulting from chemical treatment, coagulation, flocculation, sedimentation, flotation or biological oxidation of Wastewater.

"Wastewater Treatment System" means any devices, facilities, structures, equipment, or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling, and reclamation of Domestic and Non-Domestic Waste, or necessary to recycle or reuse Water at the most economical cost over the estimated life of the Wastewater system, including but not limited to intercepting Sewers, outfall Sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances, extensions, improvements, remodelling, additions, and alterations, including the JAMES Plant.

"Water" includes seawater, surface Water, groundwater and ice.

"Watercourse" means:

(a) a river, stream, creek, waterway, lagoon, lake, spring, swamp, marsh or other natural body of Water; or

(b) a canal, ditch, reservoir or other man-made surface feature; whether it contains or conveys Water continuously or intermittently.

"Waterworks" means any Works owned or otherwise under the control or jurisdiction of the City that collects, treats, transports or stores drinking Water.

"Wet Vacuum System" means a dental operatory vacuum system that uses Water, which is spun and thrown out within the pump mechanism, to create a vacuum.

"Works" includes:

(a) a drain, ditch, Sewer or Waste disposal system including a Wastewater Treatment System, pumping station or outfall;

(b) a device, equipment, land or a structure that:

(i) measures, handles, transports, stores, treats or destroys Waste or a Contaminant; or

(ii) introduces Waste or a Contaminant into the environment;

(c) an installation, plant, machinery, equipment, land; or a process that causes or may cause a release of a Contaminant into the environment, or is designed or used to measure or control the introduction of Waste into the environment, or to measure or control a Contaminant;

(d) an installation, plant, machinery, equipment, land or a process that monitors or cleans up a Contaminant or Waste.

Schedule "B"

Prohibited Waste

Prohibited Waste means:

Hazardous Waste

1   Hazardous Waste as defined by the Environmental Management Act.

Radioactive Waste

2   Any Radioactive Wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the Atomic Energy Control Board of Canada, or other authority having jurisdiction and control over their use, and which will or may cause damage or hazards to the Sanitary Sewer or Wastewater Treatment System, or personnel operating the system.

Air Contaminant Waste

3   Any Waste other than Sanitary Waste which, by itself or in combination with another Substance, is capable of creating, causing or introducing an Air Contaminant outside any Sanitary Sewer or Wastewater Treatment System or is capable of creating, causing or introducing an Air Contaminant within any Sanitary Sewer or Wastewater Treatment System which would create a public nuisance or hazard to life, or are or may be sufficient to prevent safe entry by authorized personnel.

Flammable or Explosive Waste

4   Any Waste, which by itself or in combination with another Substance, is capable of causing or contributing to an explosion or supporting combustion in any Sanitary Sewer or Wastewater Treatment System including, but not limited to, gasoline, naphtha, propane, diesel, fuel oil, kerosene or alcohol. At no time may two (2) successive readings on an explosion hazard meter, at the point of Discharge into any Sanitary Sewer, be more than 5% nor any single reading over 10% of the Lower Explosive Limit (LEL) of the meter.

Obstructive Waste

5   Any Waste which by itself or in combination with another Substance, is capable of obstructing the flow of, or interfering with, the operation, performance or maintenance of any Sanitary Sewer or Wastewater Treatment System including, but not limited to: ashes, cinders, earth, sand, mud, straw, sweepings, gardening or agricultural Waste, insoluble shavings, chemicals, paint, metal, glass, Sharps, rags, cloth, tar, asphalt, creosote, cement-based products, plastic, wood, feathers, animal paunch contents, offal, bones, meat trimmings and wastes, fish or fowl head, shrimp, crab or clam shells, entrails, lard, tallow, baking dough, chemical residues, canner waste bulk solids, hair and fleshings, spent grain and hops, whole or ground paper dishes and cups, whole or ground plastic dishes and cups, whole or ground food and beverage containers, unground Garbage, and paper and brewery Waste.

Corrosive Waste

6   Any Waste with corrosive properties which, by itself or in combination with any other Substance, may cause damage to any Sanitary Sewer or Wastewater Treatment System or which may prevent safe entry by authorized personnel.

High Temperature Waste

7   (a) Any Waste which, by itself or in combination with another Substance, will create heat in amounts that interfere with, or are capable of interfering with, the operation and maintenance of the Sanitary Sewer or Wastewater Treatment System or with the treatment of Waste;

(b) Any Waste which will raise the temperature of Waste entering any Sanitary Sewer to 40°C (104°F) or more;

(c) Any Non-domestic Waste with a temperature of 54°C (129°F) or more.

Food Wastes

8   Any Waste from cooking and handling of food that, at the point of Discharge into a Sanitary Sewer; contains particles larger than 5 mm in any direction.

Biomedical Waste

9   Any Waste that, at the point of discharge into a sewer, contains Biomedical Waste as defined in the Hazardous Waste Regulation under the Environmental Management Act.

Miscellaneous Prohibited Waste

10   Any Waste, other than Domestic Waste, which by itself or in combination with another Substance:

(a) constitutes or may constitute a significant health or safety hazard to any Person;

(b) may interfere with any Sanitary Sewer or Wastewater Treatment System;

(c) may cause a Discharge from a Wastewater Treatment System to contravene any requirements by or under any permit issued under the Environmental Management Act or any other act, or any other law or regulation governing the quality of the Discharge, or may cause the Discharge to result in a hazard to people, animals, property or vegetation;

(d) may cause Biosolids to fail criteria for beneficial land Application in British Columbia as set out in the Organic Matter Recycling Regulation (British Columbia) deposited February 2002.

Schedule "C"

Restricted Waste

Restricted Waste means:

Specified Waste

1   (1) Any Waste which, at the point of Discharge into a Sanitary Sewer, contains any Contaminant at a concentration in excess of the limits set out below. All concentrations are expressed as total concentrations which includes all forms of the Contaminant, whether dissolved or undissolved. The concentration limits apply to both Grab and Composite Samples. Contaminant definitions and methods of analysis are outlined in Standard Methods or methods specified by the Engineer.

(2) Any of the Contaminants listed below in tables a), b) or c) that are present in a Waste at dissolved concentrations in excess of the Hazardous Waste Regulation Leachate Quality Standards will qualify that Waste, regardless of the sampling method used, as a Hazardous Waste.

(a) CONVENTIONAL CONTAMINANTS [mg/L]

Total Oil and Grease1

150

Note: 1Total Oil and Grease includes Oil and Grease (hydrocarbons) (see table (b))

(b) ORGANIC CONTAMINANTS [mg/L]

Benzene

0.1

Total BETX2

1.0

Polynuclear Aromatic Hydrocarbons (PAH)3

0.05

Phenols

1

Chlorinated Phenols4

0.05

Oil and Grease (hydrocarbons)

15

Tetrachloroethylene

0.05

Notes:2 Total BETX includes:

(i) Benzene

(ii) Ethylbenzene

(iii) Toluene

(iv) Xylenes

3Polynuclear Aromatic Hydrocarbons (PAH) includes:

(i) Naphthalene

(ii) Benzo(a)anthracene

(iii) Acenaphthylene

(iv) Chrysene

(v) Acenapthene

(vi) Benzo(b)fluoranthene

(vii) Fluorene

(viii) Benzo(k)fluoranthene

(ix) Phenanthrene

(x) Benzo(a)pyrene

(xi) Anthracene

(xii) Dibenzo(a,h)anthracene

(xiii) Fluoranthene

(xiv) Indeno(1,2,3-cd)pyrene

(xv) Pyrene

(xvi) Benzo(g,h,i)perylene

4Chlorinated Phenols includes:

(i) Tetrachlorophenols (2,3,4,5-, 2,3,4,6-, 2,3,5,6-)

(ii) Pentachlorophenol

(c) INORGANIC CONTAMINANTS [mg/L]

Aluminum (Al)

50.0

Arsenic (As)

1.0

Boron (B)

50.0

Cadmium (Cd)

0.2

Chromium (Cr)

4.0

Cobalt (Co)

5.0

Copper (Cu)

2.0

Iron (Fe)

10.0

Lead (Pb)

1.0

Manganese (Mn)

5.0

Mercury (Hg)

0.05

Molybdenum (Mo)

1.0

Nickel (Ni)

2.0

Selenium (Se)

1.0

Silver (Ag)

1.0

Zinc (Zn)

3.0

Cyanide (CN)

1.0

Sulphate (SO4)

1500.0

Sulphide (S)

1.0

pH Waste

2   Any Waste or Wastewater which, at the point of Discharge into a Sanitary Sewer, has a pH lower than 5.5 or higher than 9.5, or with any other corrosive property that reasonably could be hazardous to structures, equipment, or Persons such as, but not limited to, battery or plating acid and Wastes, copper sulphate, chromium salts and compounds, or salt brine.

BOD and TSS Waste

3   Any Waste or Wastewater at the point of Discharge into a Sanitary Sewer that may produce a significant mass loading of BOD and/or TSS at the JAMES Plant, as determined by the Engineer. Wastewater of unusual strength or character cannot be discharged into a Sanitary Sewer except by special agreement with the User which allows the Wastewater into the Sanitary Sewer and to be specially treated, subject to JAMES Plant capacity, City approval and payment of User charges, as may be applicable. The applicable charges for BOD and TSS Waste are set out in the City's Fees and Charges Bylaw, 2006.

Wash Water Wastes

4   Any Waste originating from Water used in washing industrial equipment, machines, or vehicles.

Dyes and Colouring Material

5   Dyes or colouring materials including, but not limited to dye Wastes and vegetable tanning solutions, which may pass through the Wastewater Treatment System and discolour the effluent from the Wastewater Treatment System except where the dye is used by the City as a tracer.

Miscellaneous Restricted Waste

6   Any of the following Wastes as defined in the bylaw:

(a) concentrations of inert Suspended Solids such as, but not limited to, Fuller's Earth, lime slurries, or lime residue.

(b) concentrations of dissolved solids such as, but not limited to, sodium chloride, calcium chloride, or sodium sulphate.

Schedule "D"

Code of Practice for Dental Operations

Purpose

1   Pursuant to Section 28 of the Bylaw, this Code of Practice for Dental Operations sets out the requirements for managing Non-Domestic Waste discharged directly or indirectly from a Dental Operation into the Sanitary Sewer or the Wastewater Treatment System.

Application

2   (1) This Code of Practice applies to Dental Operations that produce Non-Domestic Waste containing Dental Amalgam. If work in a dental office is limited to work that does not involve placing or removing Dental Amalgam then this Code of Practice does not apply.

(2) The Engineer may require a Wastewater Discharge permit from the Operator of a Dental Operation to authorize the Discharge of Non-Domestic Waste.

(3) If the Engineer requires a Wastewater Discharge Permit from the Operator of a Dental Operation, this Code of Practice will not apply unless the Wastewater Discharge Permit so provides.

(4) Nothing in this Code of Practice exempts a Person discharging Waste from complying with this Bylaw or a Wastewater Discharge Permit issued under this Bylaw and all other applicable Enactments.

Requirements

3   (1) An Operator of a Dental Operation must not Discharge Waste which, at the point of Discharge into a Sanitary Sewer, contains:

(a) Prohibited Waste or Storm Water; or

(b) Restricted Waste with the exception of Restricted Waste found in Dental Amalgam: mercury, silver, copper or zinc.

(2) An Operator of a Dental Operation that produces liquid Waste from photographic imaging containing silver on or after January 1, 2010 must also comply with the requirements of Schedule "B".

(3) An Operator of a Dental Operation that produces Wastewater containing Dental Amalgam on or after January 1, 2010 must treat the Wastewater at the Dental Operation site prior to Discharge to the Sanitary Sewer using a Certified Amalgam Separator.

(4) An Operator of a Dental Operation must install and maintain the Certified Amalgam Separator referred to in Subsection (3) according to the manufacturer's or supplier's recommendations in order to ensure that the Certified Amalgam Separator functions correctly.

(5) An Operator of a Dental Operation must not install an amalgam separator other than a Certified Amalgam Separator on or after January 1, 2010.

(6) An Operator of a Dental Operation who installs a Certified Amalgam Separator on or after January 1, 2010 must ensure that:

(a) all Dental Operation Wastewater that contains Dental Amalgam is treated using the Certified Amalgam Separator;

(b) a Monitoring Point is installed at the discretion of the Engineer, and is located at the outlet of the Certified Amalgam Separator or downstream of the Certified Amalgam Separator at a location upstream of any Discharge of other Waste;

(c) the Monitoring Point must be installed in such a manner that the total flow from the Certified Amalgam Separator may be intercepted and sampled; and

(d) the Monitoring Point must be readily and easily accessible at all times for inspection.

(7) If the Monitoring Point referred to under Subsection (6) (b) is not required by the Engineer, then Subsections (6) (b),  (c) and  (d) do not apply to that Dental Operation.

(8) If the Certified Amalgam Separator referred to under Section 3 (5) is located downstream of a Wet Vacuum System, an Operator of a Dental Operation must ensure that:

(a) the Wet Vacuum System is fitted with an internal Flow Control Fitting; or

(b) a Flow Control Fitting is installed on the water supply line to the Wet Vacuum System.

(9) The Flow Control Fitting referred to in Section 3 (8) must be sized to limit the flow to a rate that is no more than the maximum inlet flow rate of the Certified Amalgam Separator as stated by the manufacturer of the Certified Amalgam Separator.

(10) An Operator of a Dental Operation must locate the Certified Amalgam Separator in such a manner that an accidental spill, leak or Collecting Container failure will not result in Waste containing amalgam entering any Sewer.

(11) If a location referred to under Section 3 (10) is not available, an Operator of a Dental Operation must do one (1) of the following:

(a) install Spill Containment to contain spills or leaks from the Certified Amalgam Separator; or

(b) cap all floor drains into which liquid spilled from the Certified Amalgam Separator would normally flow.

(12) An Operator of a Dental Operation must replace the Certified Amalgam Separator's Collecting Container when any of the following occurs:

(a) the manufacturer's or supplier's recommended expiry date, as shown on the Certified Amalgam Separator, has been reached; or

(b) the warning level specified in the ISO Standard has been reached; or

(c) analytical data obtained using a method of analysis outlined in Standard Methods, or an alternative method of analysis approved by the Engineer, having a method detection limit of 0.1 mg/L or lower, indicates that the total concentration of mercury in the discharge from the Certified Amalgam Separator is greater than, or equal to, 2 mg/L.

(13) An Operator of a Dental Operation must not dispose of Dental Amalgam collected in a Certified Amalgam Separator, a Collecting Container, or any other device, to a Sewer.

(14) An Operator of a Dental Operation must allow the Engineer to inspect the vacuum system, Certified Amalgam Separator, and Amalgam Waste Collecting Container upon request, at any time during the ordinary business hours of the Dental Operation.

Record keeping and retention

4   (1) An Operator of a Dental Operation that uses a Certified Amalgam Separator must keep, at the site of installation of the Certified Amalgam Separator, an operation and maintenance manual containing instructions for installation, use, maintenance and service of the Certified Amalgam Separator installed.

(2) An Operator of a Dental Operation that uses a Certified Amalgam Separator must post, at the site of installation of the Certified Amalgam Separator, a copy of the ISO Standard test report pertaining to the Certified Amalgam Separator installed.

(3) An Operator of a Dental Operation that uses a Certified Amalgam Separator must keep a record book at the Dental Operation site that includes the following information pertaining to the Certified Amalgam Separator installed:

(a) date of installation of the Certified Amalgam Separator and name of the installation service provider;

(b) serial number and expiry date of the Certified Amalgam Separator and/or its components;

(c) maximum recommended flow rate through the Certified Amalgam Separator, where applicable;

(d) dates of inspection, maintenance, cleaning and replacement of any amalgam separation equipment or components;

(e) dates and descriptions of all operational problems, spills, leaks or Collecting Container failures associated with the Certified Amalgam Separator and remedial actions taken;

(f) name, address and telephone number of any Person or company who performs any maintenance or disposal services related to the operation of the Certified Amalgam Separator; and

(g) dates of pick-up of the Collecting Container for off-site disposal, volume of Waste disposed and the location of disposal.

(4) All records must be retained for a period of two (2) years and must be available for inspection by the Engineer upon request, at any time during the ordinary business hours of the Dental Operation.

Schedule "E"

Code of Practice for Photo Imaging Operations

Purpose

1   Pursuant to Section 28 of the Bylaw, this Code of Practice for Photo Imaging Operations sets out the requirements for managing Non-Domestic Waste discharged directly or indirectly from a Photo Imaging Operation into the Sanitary Sewer or the Wastewater Treatment System.

Application

2   (1) This Code of Practice applies to Photo Imaging Operations that discharge Non-Domestic Waste containing silver directly or indirectly into the Sanitary Sewer or the Wastewater Treatment System.

(2) The Engineer may require a Wastewater Discharge Permit from the Operator of a Photo Imaging Operation to authorize the Discharge of Non-Domestic Waste.

(3) If the Engineer requires a Wastewater Discharge Permit from the Operator of a Photo Imaging Operation, this Code of Practice will not apply unless the Wastewater Discharge Permit so provides.

(4) Nothing in this Code of Practice exempts a Person discharging Waste from complying with the Bylaw or a Wastewater Discharge Permit issued under the Bylaw and all other applicable Enactments.

Requirements

3   (1) An Operator of a Photo Imaging Operation must not Discharge Waste which, at the point of Discharge into a Sanitary Sewer, contains:

(a) Prohibited Waste, or Storm Water; or

(b) Restricted Waste with the exception of iron and sulphate; or

(c) silver in a concentration that is greater than 5 milligrams per litre (mg/L) as analyzed in a Grab Sample.

(2) An Operator of a Photo Imaging Operation that produces liquid Waste containing silver on or after January 1, 2010 must either:

(a) collect and transport the Waste from the Photo Imaging Operation for Off-site Waste Management; or

(b) treat the Waste at the Photo Imaging Operation site prior to Discharge to the Sanitary Sewer using one (1) of the following Silver Recovery Technologies:

(i) two (2) Chemical Recovery Cartridges connected in a series;

(ii) an Electrolytic Recovery unit followed by two (2) Chemical Recovery Cartridges connected in series; or

(iii) any other Silver Recovery Technology, or combination of technologies, capable of reducing the concentration of silver in the Waste to 5 mg/L or less where valid analytical test data has been submitted to, and accepted by, the Engineer.

(3) An Operator of a Photo Imaging Operation must install and maintain the Silver Recovery Technology according to the manufacturer's or supplier's recommendations.

(4) An Operator of a Photo Imaging Operation must collect all liquid Waste containing silver in a holding tank and must deliver this Waste to the Chemical Recovery Cartridges using a Metering Pump.

(5) An Operator of a Photo Imaging Operation must calibrate the Metering Pump referred to in Section 3 (4) at least once per year.

(6) An Operator of a Photo Imaging Operation must locate the Silver Recovery System in such a manner that an accidental spill, leak or container failure will not result in liquid Waste containing silver in concentrations greater than 5 mg/L entering into any Sewer.

(7) If a location referred to under Section 3 (6) is not available, an Operator of a Photo Imaging Operation must do one (1) of the following:

(a) install Spill Containment to contain spills or leaks from the Silver Recovery System; or

(b) cap all floor drains into which liquid spilled from the Silver Recovery System would normally flow.

(8) When using two (2) separate Chemical Recovery Cartridges, an Operator of a Photo Imaging Operation must test the Discharge from the first cartridge for silver content at least once per month using either Silver Test Paper or a portable Silver Test Kit.

(9) When the Discharge from the first Chemical Recovery Cartridge referred to in Section 3 (8) cannot be sampled, an Operator of a Photo Imaging Operation must:

(a) install a Cumulative Flow Meter on the Silver Recovery System; and

(b) test the Discharge from the second Chemical Recovery Cartridge once per week using Silver Test Paper or a Silver Test Kit.

(10) An Operator of a Photo Imaging Operation must replace the Chemical Recovery Cartridges when any of the following occurs:

(a) the manufacturer's or supplier's recommended expiry date, as shown on each cartridge, has been reached; or

(b) eighty percent (80%) of the manufacturer's or supplier's maximum recommended capacity, or total Cumulative Flow, for each cartridge has been reached;

(c) test data, using Silver Test Paper or a Silver Test Kit, indicates that the Discharge from the first cartridge is greater than 1000 mg/L; or

(d) analytical data using a method of analysis outlined in Standard Methods, or an alternative method of analysis approved by the Engineer, having a method detection limit of 0.5 mg/L silver or lower, indicates that the concentration of silver in the Discharge from the Silver Recovery System is greater than, or equal to, 5 mg/L.

(11) If treatment of liquid Waste with two (2) Chemical Recovery Cartridges connected in series is the only Silver Recovery Technology being used, the second cartridge may replace the used first cartridge and a new second cartridge may be installed when one (1) of the events referred to in Section 3 (10) occurs.

(12) Despite Section 3 (11) , if treatment of liquid Waste with two (2) Chemical Recovery Cartridges connected in series is used following treatment by an Electrolytic Recovery Unit, the second cartridge may replace the used first cartridge and a new second cartridge may be installed when one (1) of the events referred to in Section 3 (10) occurs.

(13) Despite Section 3 (12) , both Chemical Recovery Cartridges used following an Electrolytic Recovery Unit must be replaced by the Operator of the Photo Imaging Operation when one (1) of the events referred to in Section 3 (10) occurs if this is recommended by the manufacturer or supplier of the cartridges.

(14) An Operator of a Photo Imaging Operation must allow the Engineer to inspect the Silver Recovery System upon request, at any time during the ordinary business hours of the Photo Imaging Operation.

Record keeping and retention

4   (1) An Operator of a Photo Imaging Operation that uses a Silver Recovery System must keep, at the Photo Imaging Operation site, an operation and maintenance manual pertaining to all equipment used in the Silver Recovery System.

(2) An Operator of a Photo Imaging Operation that uses two (2) Chemical Recovery Cartridges connected in series must keep a record book, available for inspection on request, at the Photo Imaging Operation site that includes the following information:

(a) serial number of each Chemical Recovery Cartridge used;

(b) installation date of each Chemical Recovery Cartridge used;

(c) expiry date of each Chemical Recovery Cartridge used (where provided by manufacturers or suppliers);

(d) maximum recommended capacity, or total cumulative flow, of each Chemical Recovery Cartridges used;

(e) dates of all Metering Pump calibrations;

(f) monthly silver test results on the Discharge from the first Chemical Recovery Cartridge; or where the Discharge from the first cartridges cannot be sampled, weekly silver test results on the Discharge from the second Chemical Recovery Cartridge and weekly Cumulative Flows through the Silver Recovery System; and

(g) dates and descriptions of all operational problems associated with the Chemical Recovery Cartridges and remedial actions taken.

(3) An Operator of a Photo Imaging Operation that uses an Electrolytic Recovery Unit in addition to two (2) Chemical Recovery Cartridges connected in series must keep a record book, available for inspection on request, at the Photo Imaging Operation site that includes the following information:

(a) all information specified under Section 4 (2) ;

(b) date of each removal of silver from the Electrolytic Recovery Unit;

(c) date of each maintenance check on the Electrolytic Recovery Unit; and

(d) dates and descriptions of all operational problems associated with the Electrolytic Recovery Unit and remedial actions taken.

(4) An Operator of a Photo Imaging Operation that collects and transports the Waste from the Photo Imaging Operation for Off-site Waste Management must keep a record book, available for inspection on request, at the Photo Imaging Operation site that includes the following:

(a) name, address and telephone number of any Person or company who performs any disposal services related to the Photo Imaging Operation Waste; and

(b) dates of pick-up of the Waste for off-site disposal, volume of Waste disposed and the location of disposal.

Schedule "F"

Code of Practice for Automotive Operations

Purpose

1   Pursuant to Section 28 of this Bylaw, this Code of Practice for Automotive Operations sets out the requirements for managing Non-Domestic Waste discharged directly or indirectly from an Automotive Operation into the Sanitary Sewer or the Wastewater Treatment System.

Application

2   (1) This Code of Practice applies to Automotive Operations that discharge Non-Domestic Waste directly or indirectly into the Sanitary Sewer or the Wastewater Treatment System. If work in an Automotive Operation is limited to Dry Shop processes then the installation of the Treatment Works is not required but all other requirements under this Code of Practice will apply.

(2) The Engineer may require a Wastewater Discharge Permit from the Operator of an Automotive Operation to authorize the Discharge of Non-Domestic Waste.

(3) If the Engineer requires a Wastewater Discharge Permit from the Operator of an Automotive Operation, this Code of Practice will not apply unless the Wastewater Discharge Permit so provides.

(4) Nothing in this Code of Practice exempts a Person discharging Waste from complying with the Bylaw or a Wastewater Discharge Permit issued under this Bylaw and all other applicable enactments.

Requirements

3   (1) An Operator of an Automotive Operation must not Discharge Waste, which, at the point of Discharge into a Sanitary Sewer, contains:

(a) Prohibited Waste;

(b) Restricted Waste, other than Oil and Grease (Hydrocarbons);

(c) Oil and Grease (Hydrocarbons) in a concentration that is in excess of 50 milligrams per litre (mg/L) as analyzed in a Grab Sample;

(d) Water that accumulates in any fuel storage tank;

(e) Rinse Water from motor vehicle parts that have been washed in Solvent;

(f) Wastewater from oily rag washing or cleaning; or

(g) Wastewater from engine washing or cleaning.

(2) An Operator of an Automotive Operation must not Discharge Groundwater from a contaminated site as defined in the Contaminated Sites Regulation into a Sanitary Sewer without a Wastewater Discharge Permit issued under Section 27 of this Bylaw.

(3) An Operator of an Automotive Operation that commences operation on or after July 29, 2012 must not Discharge liquid Waste from Automotive Operation processes into the Sanitary Sewer unless the Automotive Operation is equipped with one (1) or more Oil-Water Separators to treat the Waste in accordance with this Code of Practice.

(4) An Operator of an Automotive Operation that commences operation on or after July 29, 2012 may use an alternate Treatment Works, or a combination of Treatment Works other than that described in this Code of Practice, to treat liquid Waste if the alternate Treatment Works produces Effluent that complies with Subsection (1) prior to Discharge into a Sanitary Sewer and where valid analytical test data has been submitted to, and accepted by, the Engineer.

(5) An Operator of an Automotive Operation that is in operation before July 29, 2012 and does not have the Treatment Works specified in Subsections (3) or  (4) must install the Treatment Works by July 29, 2017 to treat the Waste in accordance with this Code of Practice.

(6) An Oil-Water Separator installed by the Operator of an Automotive Operation in accordance with Subsection (3) or  (5) must:

(a) have a minimum liquid volume of 2.0 cubic metres; and

(b) have a minimum of three (3) chambers designed to retain Oil and Grease and Suspended Solids from the liquid Waste.

(7) An Operator of an Automotive Operation who operates a Treatment Works referred to in Subsections (3),  (4) or  (5) must direct all liquid Waste from an Automotive Operation process to one or more Treatment Works before discharging into a Sanitary Sewer.

(8) An Operator of an Automotive Operation must ensure that all Waste from washrooms, washing machines and change rooms bypasses the Treatment Works.

(9) An Operator of an Automotive Operation must not use, or allow the use of, chemical agents, Solvent-containing products, hot Water or other agents to facilitate the passage of Oil and Grease through a Treatment Works.

(10) An Operator of an Automotive Operation who operates a Treatment Works referred to in Subsection (3),  (4) or  (5) must:

(a) equip the Treatment Works with a Monitoring Point located either at the outlet of the Treatment Works or downstream of the Treatment Works at a location upstream of the point of Discharge of other Waste; and

(b) install the Monitoring Point described Paragraph (a) of the same diameter as the Treatment Works outlet pipe so that the Monitoring Point opens in a direction at right angles to, and vertically above, the flow in the Sanitary Sewer pipe.

(11) An Operator of an Automotive Operation must locate the Treatment Works referred to in Subsections (3),  (4) or  (5) so that they are readily and easily accessible for inspection and maintenance.

(12) An Operator of an Automotive Operation who operates one (1) or more Oil-Water Separators must not permit the floating Oil and Grease to accumulate in any chamber of any Oil-Water Separator in excess of the lesser of 5 cm (two inches) or 5% of the Wetted Height of the Oil-Water Separator.

(13) An Operator of an Automotive Operation who operates one (1) or more Oil-Water Separators must not permit the settled solids to accumulate in any chamber of any Oil-Water Separator in excess 50% of the Wetted Height of the Oil-Water Separator.

(14) An Operator of an Automotive Operation who operates one (1) or more Oil-Water Separators must inspect each chamber of each Oil-Water Separator and measure the accumulated solids and floating oils at least once every month to check the levels specified under Subsections (12) and  (13) .

(15) An Operator of an Automotive Operation who operates one (1) or more Oil-Water Separators must cause each Oil-Water Separator to be Cleaned Out within seven (7) days of determining that the levels specified under Subsection (12) or  (13) have been exceeded.

(16) An Operator of an Automotive Operation who operates one (1) or more Oil-Water Separators must cause each Oil-Water Separator to be Cleaned Out at least once every 12 months.

(17) An Operator of an Automotive Operation in operation after July 29, 2012 must ensure that the following materials are stored using Spill Containment that will prevent the release of spilled materials from entering any Sewer:

(a) used acid-filled batteries;

(b) used solvent-containing Waste, used antifreeze, used oils, used oil filters, used brake fluid and used transmission fluid;

(c) above ground fuel storage tanks; and

(d) greater than 50 litres of any Solvent-containing product, antifreeze, oil or other Prohibited or Restricted Waste stored at floor level in containers other than permanent engineered containers that are protected from vehicle contact.

Record keeping and retention

4   (1) An Operator of an Automotive Operation who installs one (1) or more Treatment Works referred to in Sections 3 (3) ,  3 (4) or  3 (5) must keep a record at the Automotive Operation of all inspection and maintenance activities for the Treatment Works, including:

(a) the date of inspection or maintenance;

(b) the description of inspection or maintenance conducted;

(c) the measured depth of settled and floating material in each Oil-Water Separator, as required in Sections 3 (12) and  3 (13) ;

(d) the quantity and description of material removed from the Treatment Works; and

(e) the name, civic and postal address, and telephone number of the disposal or recycling company or facility collecting or transporting the material removed from the Treatment Works.

(2) An Operator of an Automotive Operation who installs Treatment Works must keep records of the Treatment Works design calculations and drawings available for inspection at the request of the Engineer.

(3) The design drawings required under Subsection (2) must show the point of connection of the Treatment Works to the Sanitary Sewer.

(4) An Operator of an Automotive Operation in operation after July 29, 2012 must keep a record at the Automotive Operation of all disposal and recycling services for Waste and other Substances specified in Section 3 (1) to be disposed or recycled, including:

(a) the name, civic and postal address, and telephone number of the disposal or recycling company used by the Automotive Operation;

(b) the type of material transferred to each company or facility;

(c) the quantity of material transferred to each company or facility; and

(d) the date of material transferred to each company or facility.

(5) All records must be retained for a period of two (2) years and must be available for inspection by the Engineer upon request, at any time during the ordinary business hours of the Automotive Operation.

Schedule "G"

Code of Practice for Vehicle Wash Operations

Purpose

1   This Code of Practice for Vehicle Wash Operations sets out the requirements for managing Non-Domestic Waste discharged directly or indirectly from a Vehicle Wash Operation into the Sanitary Sewer or the Wastewater Treatment System.

Application

2   (1) This Code of Practice applies to Vehicle Wash Operations that discharge Non-Domestic Waste directly or indirectly into the Sanitary Sewer or the Wastewater Treatment System.

(2) The Engineer may require a Wastewater Discharge Permit from the Operator of a Vehicle Wash Operation to authorize the Discharge of Non-Domestic Waste

(3) If the Engineer requires a Wastewater Discharge Permit from the Operator of an Vehicle Wash Operation, this Code of Practice will not apply unless the Wastewater Discharge Permit so provides.

(4) Nothing in this Code of Practice exempts a Person discharging Waste from complying with the Bylaw or a Wastewater Discharge Permit issued under the Bylaw and all other applicable Enactments.

Requirements

3   (1) An Operator of a Vehicle Wash Operation must not Discharge Waste, which, at the point of Discharge into a Sanitary Sewer, contains:

(a) Prohibited Waste;

(b) Restricted Waste, other than Oil and Grease (Hydrocarbons);

(c) Oil and Grease (Hydrocarbons) in a concentration that is in excess of 50 milligrams per litre (mg/L) as analyzed in a Grab Sample; or

(d) Wastewater from oily rag washing or cleaning.

(2) An Operator of a Vehicle Wash Operation must not Discharge Storm Water into a Sanitary Sewer unless the Storm Water originates from a designated uncovered vehicle wash area that has been designed to minimize the amount of Storm Water from outside the vehicle wash area.

(3) An Operator of a Vehicle Wash Operation must not Discharge Groundwater from a contaminated site as defined in the Contaminated Sites Regulation into a Sanitary Sewer without a Wastewater Discharge Permit issued under Section 27 of this Bylaw.

(4) An Operator of a Vehicle Wash Operation that commences operation on or after July 29, 2012 must not Discharge liquid Waste from vehicle washing processes into the Sanitary Sewer unless the Vehicle Wash Operation is equipped with one (1) or more Oil-Water Separators to treat the Waste in accordance with this Code of Practice.

(5) An Operator of a Vehicle Wash Operation that commences operation on or after July 29, 2012 may use an alternate Treatment Works, or a combination of Treatment Works other than that described in this Code of Practice, to treat liquid Waste if the alternate Treatment Works produces Effluent that complies with Subsection (1) prior to Discharge into a Sanitary Sewer and where valid analytical test data has been submitted to, and accepted by, the Engineer.

(6) An Operator of a Vehicle Wash Operation that is in operation before July 29, 2012 and that does not have the Treatment Works specified in Subsection (4) or  (5) must install the Treatment Works by July 29, 2017 to treat the Waste in accordance with this Code of Practice

(7) An Oil-Water Separator installed by the Operator of a Vehicle Wash Operation in accordance with Subsection (4) or  (6) must:

(a) have a minimum liquid volume of 2 cubic metres per manual wash bay and a minimum liquid volume of ten (10) cubic metres per mechanical wash bay; and

(b) have a minimum of three (3) chambers designed to retain Oil and Grease and Suspended Solids from the vehicle wash Water.

(8) An Operator of a Vehicle Wash Operation who operates a Treatment Works referred to in Subsection (4),  (5) or  (6) must direct all liquid Waste from a Vehicle Wash Operation process to one (1) or more Treatment Works before discharging into a Sanitary Sewer.

(9) An Operator of a Vehicle Wash Operation must ensure that all Waste from washrooms, washing machines and change rooms bypasses the Treatment Works.

(10) An Operator of a Vehicle Wash Operation must not use, or allow the use of, chemical agents, Solvent-containing products, hot Water or other agents with the intention of facilitating the passage of Oil and Grease through a Treatment Works.

(11) An Operator of a Vehicle Wash Operation who operates a Treatment Works referred to in Subsection (4),  (5) or  (6) must:

(a) equip the Treatment Works with a Monitoring Point located either at the outlet of the Treatment Works or downstream of the Treatment Works at a location upstream of the point of Discharge of other Waste; and

(b) install the Monitoring Point described in Paragraph (a) of the same diameter as the Treatment Works outlet pipe so that the Monitoring Point opens in a direction at right angles to, and vertically above, the flow in the Sanitary Sewer pipe.

(12) An Operator of a Vehicle Wash Operation must locate the Treatment Works referred to in Subsection (4),  (5) or  (6) so that they are readily and easily accessible for inspection and maintenance.

(13) An Operator of a Vehicle Wash Operation who operates one (1) or more Oil-Water Separators must not permit the floating Oil and Grease to accumulate in any chamber of any Oil-Water Separator in excess of the lesser of 5 cm (two inches) or 5% of the Wetted Height of the Oil-Water Separator.

(14) An Operator of a Vehicle Wash Operation who operates one (1) or more Oil-Water Separators must not permit the settled solids to accumulate in any chamber of any Oil-Water Separator in excess 50% of the Wetted Height of the Oil-Water Separator.

(15) An Operator of a Vehicle Wash Operation who operates one (1) or more Oil-Water Separators must inspect each chamber of each Oil-Water Separator and measure the accumulated solids and floating oils at least once every month to check the levels specified under Subsection (13) and  (14) .

(16) An Operator of a Vehicle Wash Operation who operates one (1) or more Oil-Water Separators must cause each Oil-Water Separator to be Cleaned Out within seven (7) days of determining that the levels specified under Subsection (13) or  (14) have been exceeded.

(17) An Operator of a Vehicle Wash Operation who operates one (1) or more Oil-Water Separators must cause each Oil-Water Separator to be Cleaned Out at least once every 12 months.

Record keeping and retention

4   (1) An Operator of a Vehicle Wash Operation who installs one (1) or more Treatment Works referred to in Sections 3 (4) ,  3 (5) or  3 (6) must keep a record at the Vehicle Wash Operation of all inspection and maintenance activities for the Treatment Works, including:

(a) the date of inspection or maintenance;

(b) the description of inspection or maintenance conducted;

(c) the measured depth of settled and floating material in each Oil-Water Separator, as required in Sections 3 (13) and  3 (14) ;

(d) the quantity and description of material removed from the Treatment Works; and

(e) the name, civic and postal address, and telephone number of the disposal or recycling company or facility collecting or transporting the material removed from the Treatment Works.

(2) An Operator of a Vehicle Wash Operation who installs Treatment Works must keep records of the Treatment Works design calculations and drawings available for inspection at the request of the Engineer.

(3) The design drawings required under Subsection (2) must show the point of connection of the Treatment Works to the Sanitary Sewer.

(4) An Operator of a Vehicle Wash Operation in operation after July 29, 2012 must keep a record at the Vehicle Wash Operation of all disposal and recycling services for Waste and other Substances specified in Section 3 (1) to be disposed or recycled, including:

(a) the name, civic and postal address, and telephone number of the disposal or recycling company used by the Automotive Operation;

(b) the type of material transferred to each company or facility;

(e) the quantity of material transferred to each company or facility; and

(d) the date of material transferred to each company or facility.

(5) All records must be retained for a period of two (2) years and must be available for inspection by the Engineer upon request, at any time during the ordinary business hours of the Vehicle Wash Operation.

Schedule "H"

Code of Practice for Dry Cleaning Operations

Purpose

1   This Code of Practice for Dry Cleaning Operations sets out the requirements for managing Non-Domestic Waste discharged directly or indirectly from a Dry Cleaning Operation into the Sanitary Sewer or the Wastewater Treatment System.

Application

2   (1) This Code of Practice applies to Dry Cleaning Operations that discharge Non-Domestic Waste directly or indirectly into the Sanitary Sewer or the Wastewater Treatment System.

(2) The Engineer may require a Wastewater Discharge Permit from the Owner or Operator of a Dry Cleaning Operation to authorize the Discharge of Non-Domestic Waste.

(3) If the Engineer requires a Wastewater Discharge Permit from the Owner or Operator of a Dry Cleaning Operation, this Code of Practice will not apply unless the Wastewater Discharge Permit so provides.

(4) Nothing in this Code of Practice exempts a Person discharging Waste from complying with the Bylaw or a Wastewater Discharge Permit issued under the Bylaw and all other applicable Enactments.

Requirements

3   (1) An Operator of a Dry Cleaning Operation must not Discharge Waste which, at the point of Discharge into a Sanitary Sewer, contains:

(a) Prohibited Waste;

(b) Restricted Waste with the exception of Tetrachloroethylene;

(c) Wastewater containing Tetrachloroethylene in concentrations greater than 0.10 milligrams per litre (mg/L) as analyzed in a Grab Sample; or

(d) Tetrachloroethylene-Contaminated Residue.

(2) An Operator of a Dry Cleaning Operation may meet the requirements of Subsection (1) by collecting and transporting the Wastewater or other Substances specified in Subsection (1) from the Dry Cleaning Operation for Off-Site Waste Management.

(3) On or after January 24, 2012, an Operator of a Dry Cleaning Operation that Discharges Waste that has come in contact with Tetrachloroethylene from a dry cleaning process into a Sanitary Sewer must, in addition to the dry cleaning machine's integral Tetrachloroethylene-Water Separator, install and maintain the following Treatment Works:

(a) a second Tetrachloroethylene-Water Separator that recovers Tetrachloroethylene from the Wastewater exiting from the integral Tetrachloroethylene-Water Separator;

(b) an initial filter containing Activated Carbon that removes the Tetrachloroethylene from the Wastewater exiting the second Tetrachloroethylene-Water Separator;

(c) a monitor-alarm that automatically shuts down the Wastewater treatment and stops the Discharge of Wastewater containing Tetrachloroethylene into the Sanitary Sewer when the initial filter becomes saturated with Tetrachloroethylene; and

(d) a second filter containing Activated Carbon that removes Tetrachloroethylene from the Wastewater after it passes through the initial filter and past the monitor-alarm.

(4) Where an Operator of a Dry Cleaning Operation installs the Treatment Works referred to in Subsection (3) (a) to (d) , then the Treatment Works must be installed in the order in which they are set out in Subsection (3) .

(5) An Operator of a Dry Cleaning Operation who operates the Tetrachloroethylene-Water Separators referred to in Subsection (3) must:

(a) visually inspect all Tetrachloroethylene-Water Separators on a daily basis to ensure that the level of Tetrachloroethylene does not reach the Wastewater outlet of the separators; and

(b) clean the Tetrachloroethylene-Water Separator at least once every seven (7) days or more frequently if required by the manufacturer.

(6) When the level of the Tetrachloroethylene referred to in Subsection (5) (a) reaches the Wastewater outlet of the separator, an Operator of a Dry Cleaning Operation must:

(a) cease operation to prevent the Discharge of Tetrachloroethylene from the Tetrachloroethylene-Water Separator;

(b) clean the Tetrachloroethylene-Water Separator in accordance with manufacturer's recommendations; and

(c) return the Tetrachloroethylene from the separator to the Solvent recover system or collect and store it for Off-Site Waste Management.

(7) An Operator of a Dry Cleaning Operation who installs the Activated Carbon filters referred to in Subsection (3) (b) and  (d) must replace both the initial and second filter containing Activated Carbon at least once every 12 months and when one (1) of the following occurs:

(a) on or before reaching the manufacturer's or supplier's recommended expiry date;

(b) when the monitor-alarm referred to in Subsection (3) (c) has been triggered; or

(c) analytical data using a method of analysis outlined in Standard Methods, or an alternative method of analysis approved by the Engineer, having a method detection limit of 0.01 mg/L Tetrachloroethylene or lower, indicates that the concentration of Tetrachloroethylene in the Discharge from the second filter containing Activated Carbon is greater than, or equal to, 0.10 mg/L.

(8) An Operator of a Dry Cleaning Operation must ensure that Waste other than Waste to which Subsection (3) applies, including Waste from washrooms, staff coffee rooms, washing machines and change rooms, bypasses the Treatment Works.

(9) An Operator of a Dry Cleaning Operation who installs Treatment Works referred to in Subsection (3) must:

(a) equip the outlet from the Treatment Works with a Monitoring Point at a location upstream of the point of Discharge or other Waste;

(b) install the Monitoring Point as described in Paragraph (a) of the same diameter as the Treatment Works outlet pipe so that the Monitoring Point opens in a direction at right angles to, and horizontal to, the flow in the Sanitary Sewer pipe and is controlled by a hose bib or a valve; and

(c) locate the Monitoring Point so that it is readily and easily accessible at all times.

(10) An Operator of a Dry Cleaning Operation must ensure that all dry cleaning machines and Treatment Works are operated and stored using a Tetrachloroethylene-Impermeable Spill Containment system that will prevent any spilled material from entering a Sewer.

(11) An Operator of a Dry Cleaning Operation must store all new and used Tetrachloroethylene, Tetrachloroethylene-Contaminated Residue and untreated Wastewater using a Tetrachloroethylene-Impermeable Spill Containment system that will prevent any spilled material from entering a Sewer.

(12) The Spill Containment system identified in Subsection (10) and  (11) must encompass at least the entire surface under each dry cleaning machine, tank or other container containing Tetrachloroethylene, Wastewater or Tetrachloroethylene-contaminated residue and be sufficient to hold at least 100% of the capacity of the largest tank, container or Works within the containment system.

(13) An Operator of a Dry Cleaning Operation equipped with a Tetrachloroethylene-impermeable Spill Containment system must not have open drains within the containment area.

(14) Drains located within the Spill Containment system must be sealed with Tetrachloroethylene-Resistant drain plugs.

(15) An Operator of a Dry Cleaning Operation that is in operation on or before January 24, 2012 must prepare a Spill Response Plan on or before January 24, 2012.

(16) An Operator of a Dry Cleaning Operation commencing operation on or after January 24, 2012 must prepare a Spill Response Plan within 30 days after commencing operation.

(17) The Spill Response Plan required under Subsection (15) or  (16) must be posted in a conspicuous location on the dry cleaning Premises.

(18) An Operator or a Dry Cleaning Operation must maintain the spill prevention and clean-up equipment and supplies identified in the Spill Response Plan specified in Subsection (15) or  (16) in stock and readily available for use at all times.

(19) An Operator of a Dry Cleaning Operation must ensure that the spill prevention equipment and supplies identified in the Spill Response Plan specified in Subsection (15) or  (16) include Tetrachloroethylene-Resistant drain plugs that are readily available to seal all floor drains into which Tetrachloroethylene, wastewater or residue may enter in the event of a spill.

(20) In the event of a spill, an Operator of a Dry Cleaning Operation must immediately carry out the Spill Response Plan, when safe to do so, to prevent or discontinue the Discharge of spilled material into a Sewer.

Record keeping and retention

4   (1) An Operator of a Dry Cleaning Operation who installs one (1) or more Treatment Works must keep a record at the Dry Cleaning Operation or all inspection and maintenance activities for the Treatment Works, including the:

(a) date of inspection or maintenance;

(b) description of inspection or maintenance conducted;

(c) amounts of Activated Carbon removed and replaced in the Treatment Works; and

(d) dates and volumes of material removed from the Treatment Works.

(2) An Operator of a Dry Cleaning operation must keep a record of all disposal or recycling services used for disposal or recycling of Wastewater and Tetrachloroethylene-Contaminated Residue, including the:

(a) name, civic and postal address, and telephone number of each disposal or recycling company or facility used by the Dry Cleaning Operation;

(b) type of material transferred to each company or facility;

(c) Quantity of material transferred to each company or facility; and

(d) Date of material transferred to each company or facility.

(3) All records must be retained for a period of two (2) years and must be available for inspection by the Engineer upon request, at any time during ordinary business hours of the Dry Cleaning Operation.

Schedule "I"

Sanitary Sewer Service Area