WHEREAS Section 11(3)4 of the Municipal Act, 2001, S.O. 2001, c. 25 permits a municipality to pass bylaws respecting matters concerning public utilities;
AND WHEREAS the Council of The Regional Municipality of York deems it desirable to enact a bylaw to:
a) maintain and protect the integrity of Regional infrastructure;
b) control the quality of sewage entering sewage works and the resulting treated effluent; and
c) prevent adverse effects to persons, property and the natural environment from discharges to Regional infrastructure;
NOW THEREFORE the Council of The Regional Municipality of York enacts as follows:
Part 1
DEFINITIONS AND INTERPRETATION
1.1 In this bylaw,
a) “accredited laboratory” means any laboratory accredited by an authorized accreditation body in accordance with a standard based on “ISO/IEC 17025: General Requirements for the Competence of Testing and Calibration Laboratories” established by the International Organization for Standardization, as amended from time to time, or an equivalent standard that is acceptable to the Region;
b) “biochemical oxygen demand” or “BOD” means the molecular oxygen utilized in a sample, including sewage, stormwater, uncontaminated water, and any other substance to which this bylaw applies during a 5-day incubation period for the biochemical degradation of organic material (carbonaceous demand), including the oxygen used to oxidize inorganic material such as sulphides, ferrous iron, and where an inhibiting chemical has been added to prevent ammonia oxidation;
c) “biosolids” include organic solid material recovered from the sewage treatment process;
d) “blowdown water” means recirculating water that is discharged from a cooling or heating water system for the purpose of controlling the level of water in the system or for the purpose of discharging from the system materials contained in the system;
e) “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c.23, as amended from time to time;
f) "business day" means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006, S.O. 2006, c.21, schedule F as amended from time to time;
g) “Chief Administrative Officer” means the Chief Administrative Officer of The Regional Municipality of York;
h) “combustible liquid” means any liquid having a flash point at or above 37.8 degrees Celsius and below 93.3 degrees Celsius;
i) “Commissioner” means the Commissioner of Environmental Services of The Regional Municipality of York and their designated representatives;
j) “composite sample” means two or more grab samples of a discharge to the sewage works taken at intervals during the sampling that have been combined automatically or manually;
k) “contact cooling water” means water that is used in an industrial process, for the purpose of removing heat, that comes into contact with any raw material, intermediate product, waste product or finished product, but does not include blowdown water;
l) “dewatering activity” means a temporary activity that is,
(i) taking water from a well or otherwise extracting groundwater;
(ii) draining water from a permanent or temporary pond or other surface water body, whether natural or man-made;
(iii) releasing water previously stored in a tank, tanker truck, vessel, or other means of water storage;
(iv) the permanent or temporary alteration of a natural or pre-existing drainage pattern; or
(v) any combination of the above-noted activities,
where the water from such activity would be discharged to a sewage works and such activity is related to a construction, land development, renovation, repair, maintenance or demolition activity at a property;
m) “Director” means the Director of Operations, Maintenance and Monitoring within the Environmental Services Department of The Regional Municipality of York and their designated representatives;
n) “discharge” when used as a verb, includes add, deposit, emit, release or leak and, when used as a noun, includes addition, deposit, emission, release or leak;
o) “discharger” means a person who is the owner, is in occupation of, or has charge, management or control of:
(i) a site that discharges to a sewage works; or
(ii) sewage, stormwater, uncontaminated water or other substance or thing to which this bylaw applies that is capable of being discharged to a sewage works from a site;
p) “emergency” means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise;
q) “emulsifier” means a substance or additive that helps two liquids mix and prevents separation;
r) “enforcement officer” means a person who has been appointed as such pursuant to section 2.4 of this bylaw, and includes any person previously appointed under Regional Bylaw No. 2011-56;
s) “Environmental Protection Act” means the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended from time to time;
t) “Fisheries Act” means the Fisheries Act, R.S.C. 1985, c. F-14, as amended from time to time;
u) “flammable liquid” means a liquid having a flash point below 37.8 degrees Celsius and a vapour pressure not more than 275.8 kPa (absolute) at 37.8 degrees Celsius as determined by the American Society for Testing and Materials D323-20a, “Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)”;
v) “fuel” includes alcohol, gasoline, naphtha, diesel fuel, fuel oil or any ignitable substance intended for use as a fuel;
w) “grab sample” means a sample of a discharge into a sewage works;
x) “groundwater” means subsurface water including water held in soil, in pores, cracks or crevices in rocks or as a free standing body beneath the surface;
y) “hauled sewage” includes sewage which is removed from a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet, a sewage holding tank or any sewage infrastructure and is transported for discharge, but does not include hauled waste;
z) “hauled waste” means liquid industrial waste (as this term is defined by Reg. 347) that is transported for discharge and that must be transported with a manifest in accordance with Reg. 347;
aa) “hauler” means a person who transports or causes or permits the transport of hauled waste or hauled sewage and includes an employee of the person;
bb) “hazardous waste” includes a waste that is an acute hazardous waste chemical, hazardous industrial waste, hazardous waste chemical, corrosive waste, ignitable waste, pathological waste, reactive waste, radioactive waste, PCB waste, leachate toxic waste or severely toxic waste, or any combination thereof, each as defined by Reg. 347;
cc) “industrial” means of or pertaining to industry, and includes manufacturing, food cooking, handling, preparation or processing commerce, trade, business, or institutions as distinguished from residential;
dd) “land drainage works” includes a drain constructed by any means which is owned by The Regional Municipality of York and located within the limits of a public road allowance or other public lands or public land interests held for public utility purposes which may or may not connect to a storm sewer, and a drain constructed by any means that connects directly or indirectly to a Regional storm sewer or any other drainage works;
ee) “leachate” means the liquid produced by water or other liquids percolating through waste or by liquid in the waste;
ff) “maintenance access hole” means an access point in a private sewer connection to a municipal sewage works that allows for the observation, monitoring, sampling, flow measurement and other related activities of the sewage, stormwater, uncontaminated water or other substance therein;
gg) “Ministry” means the Ontario Ministry of the Environment, Conservation and Parks as renamed or reconstituted from time to time;
hh) “Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time;
ii) “municipal water system” means a Regional drinking water system and includes a local municipal drinking water system within the Region that is connected to a Regional drinking water system;
jj) “municipality” includes a local board, as that term is defined in the Municipal Act, 2001;
kk) “natural environment” means the air, land and water, or any combination or part thereof;
ll) “non-contact cooling water” means water that is used in an industrial process, for the purpose of removing heat, that has not come into contact with any raw material, intermediate product, waste product or finished product of the industrial process other than heat, but does not include blowdown water;
mm) “oil and grease” includes any material recovered as a substance soluble in solvent as described in Standard Methods for oil and grease;
nn) “Ontario Water Resources Act” means the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended from time to time;
oo) “PCBs” means any monochlorinated or polychlorinated biphenyl or any mixture of them or any mixture that contains one or more of them and includes PCB waste as defined by R.R.O. 1990, Reg. 362 (Waste Management – PCBs) made under the Environmental Protection Act, as amended from time to time;
pp) “person” includes an individual, association, organization, partnership, municipality or other corporation and includes an agent or employee of any of them;
qq) “pesticide” means a pesticide as defined by and regulated under the Pesticides Act, R.S.O. 1990, c. P.11, as amended from time to time;
rr) “pollution prevention” means the use of processes, practices, materials or products that avoid, reduce or control pollution, which may include recycling, treatment, process changes, control mechanisms, efficient use of resources and material substitution;
ss) “property” means any land, whether vacant or occupied by a building or structure and includes such building or structure or part of a building or structure, and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes a site;
tt) “rainwater” means stormwater runoff that is collected from a roof or the ground;
uu) “Reg. 347” means R.R.O. 1990, Reg. 347 (General – Waste Management) made under the Environmental Protection Act, as amended from time to time;
vv) “Region” means The Regional Municipality of York, including enforcement officers and its designated representatives;
ww) “Regional Solicitor” means the Regional Solicitor for The Regional Municipality of York;
xx) “sanitary sewer” means any part of the sewage works that is intended to collect and convey sewage to a sewage treatment facility;
yy) “sewage” means any liquid containing organic, inorganic, chemical, animal, vegetable or mineral matter in solution or in suspension, including floating materials, but does not include stormwater or uncontaminated water alone;
zz) “sewage works” means any works owned by The Regional Municipality of York used for the collection, transmission, treatment or disposal of sewage, stormwater or uncontaminated water and includes a sanitary sewer, storm sewer, and land drainage works;
aaa) “site” means a property where an industrial activity takes place that is capable of discharging to a sewage works and includes a property where an industrial activity is not the sole use;
bbb) “spill” means a discharge of any substance to a sewage works or to the natural environment which is abnormal in quantity or quality in light of all the circumstances of the discharge;
ccc) “Standard Methods” means:
(i) a procedure or method set out in “Standard Methods for the Examination of Water and Wastewater” published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation, as amended from time to time;
(ii) methods developed or approved, or both, by the Ministry;
(iii) methods developed or approved, or both, by the federal Department of the Environment as renamed or reconstituted from time to time; or
(iv) methods developed or approved, or both, by United States. Environmental Protection Agency or International Standards Organizations;
ddd) “storm sewer” means any part of the sewage works that is intended to collect and convey stormwater, uncontaminated water, surface runoff or drainage from land or from a watercourse or any combination thereof;
eee) “stormwater” includes water from precipitation or from the melting of snow or ice;
fff) “substance” means any physical matter, whether solid, liquid or gas;
ggg) “surcharge agreement” means an agreement made under Part 7 of this bylaw;
hhh) “uncontaminated water” includes:
(i) potable water supplied by a municipal water system; or
(ii) any water with a level of quality which is typical of potable water normally supplied by a municipal water system,
to which no substance has been added intentionally or unintentionally, by any person other than the municipality, and does not include water from a dewatering activity; and,
iii) “waste radioactive prescribed substances” means uranium, thorium, plutonium, neptunium, deuterium, their respective derivatives and compounds and such other substances as the Canadian Nuclear Safety Commission, or its successor, may designate as being capable of releasing atomic energy or as being requisite for the production, use or application of atomic energy.
1.2 In this bylaw, any reference to a discharge to a sewage works or any part thereof shall be deemed to include a discharge into a place or thing that typically, or can be reasonably expected to, or does in fact result in a discharge into such sewage works or part thereof.
Part 2
AUTHORITY
2.1 The Commissioner may act on behalf of the Region for the purposes of this bylaw.
2.2 Subject to section 2.3, the Commissioner may prescribe the form and content of any approval, authorization, permit, form, policy, procedure or other document in relation to the administration of this bylaw and may amend or revise the form and content of such approvals, authorizations, permits, forms, policies, procedures or documents from time to time. The Commissioner may issue any approval, authorization or permit under this bylaw as well as any amendments thereto or revocations thereof, on behalf of the Region.
2.3 The Commissioner may prescribe the form and content of any agreement permitted under this bylaw and may amend or revise the form and content of such agreements from time to time provided that the form is satisfactory to the Regional Solicitor. The Commissioner may enter into and execute such agreements, as well as any amendments thereto, on behalf of the Region.
2.4 The Commissioner may appoint and revoke the appointment of employees of the Region to act in the capacity of enforcement officers for the purposes of enforcing this bylaw.
2.5 The Commissioner may delegate his or her authority under this bylaw, including actions authorized under this Part, to any other officer or employee of the Region, so long as such delegation is authorized by the Chief Administrative Officer.
Part 3
SANITARY SEWERS
3.1 No person shall discharge or cause or permit the discharge of a substance to a sanitary sewer in circumstances where:
(a) to do so may cause or result in,
(i) a health or safety hazard to a person authorized to inspect, operate, maintain, repair or otherwise work on, in or around a sewage works;
(ii) a hazard or other adverse effect to any person, animal, property, vegetation or the natural environment;
(iii) an offence under the Ontario Water Resources Act or the Environmental Protection Act or any regulation made thereunder;
(iv) biosolids from the sewage works to which sewage discharges failing to meet the requirements set out in the Nutrient Management Act, 2002, S.O. 2002, c. 4 or a regulation thereunder, as amended from time to time;
(v) dyes or colouring materials to pass through a sewage works which could discolour the sewage works effluent;
(vi) interference with the inspection, operation, maintenance or repair of a sewage works or which may impair or interfere with any sewage treatment process;
(vii) an offensive odour to emanate from the sewage works that is detectable within the vicinity of the sewage works, and includes, without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, chlorine, amines or ammonia in such quantities as may cause an offensive odour;
(viii) damage to a sewage works or any part thereof; or
(ix) an obstruction or restriction to the flow in the sanitary sewer including, but not limited to, a discharge containing solid or viscous substances in quantities or of such size as to be capable of causing obstruction to the flow in a sewer such as ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, masks, gloves, feathers, tar, plastic, feminine hygiene products, wood, dental floss, condoms, animal guts or tissues, and wipes;
(b) the discharge has or exhibits:
(i) a pH less than 6.00 or greater than 10.50;
(ii) two or more separate liquid layers; or
(iii) a temperature greater than 60 degrees Celsius; or
(c) the discharge contains or is likely to contain,
(i) combustible liquid;
(ii) flammable liquid;
(iii) fuel;
(iv) hauled sewage, except where:
(A) the discharger is the hauler of the hauled sewage and is an operator of a waste management system operating under and in accordance with a valid environmental compliance approval or equivalent instrument, approval or order issued or regulation filed under the Environmental Protection Act allowing the operation;
(B) a copy of the current environmental compliance approval or equivalent instrument, approval or order issued or regulation filed under the Environmental Protection Act and any amendment thereto is provided to the Region or, where the discharger is claiming an exemption pursuant to a regulation, the discharger has demonstrated to the satisfaction of the Region that the conditions of the exemption are being met;
(C) the discharger has successfully registered with the Region for the discharge of hauled sewage and the Region has authorized the discharger’s access to the sewage works for this purpose;
(D) the discharger complies with all terms, conditions and procedures for a discharge in the approvals referenced in (A) and (B) above and in any policies or programs that may be set by the Region from time to time in respect of hauled sewage; and
(E) the discharge otherwise complies with this bylaw;
(v) hauled waste, except where:
(A) the discharger is the hauler of the hauled waste and is an operator of a waste management system operating under and in accordance with a valid environmental compliance approval or equivalent instrument, approval or order issued or regulation filed under the Environmental Protection Act allowing the operation;
(B) a copy of the environmental compliance approval or equivalent instrument, approval or order issued or regulation filed under the Environmental Protection Act and any amendment thereto is provided to the Region or, where the discharger is claiming an exemption pursuant to a regulation, the discharger has demonstrated to the satisfaction of the Region that the conditions of the exemption are being met;
(C) the conditions set out in sections 23(3)(c) and 25(5)(b) of Reg. 347 are met;
(D) the discharger has successfully registered with the Region for the discharge of hauled waste and the Region has authorized the discharger’s access to the sewage works for this purpose;
(E) the discharger complies with all terms, conditions and procedures for discharge in the approvals referenced in (A) and (B) above and in any policies or programs that may be set by the Region from time to time in respect of hauled waste; and
(F) the discharge otherwise complies with this bylaw;
(vi) hazardous waste;
(vii) PCBs;
(viii) a pesticide;
(ix) waste radioactive prescribed substances;
(x) leachate, except where:
(A) the discharge is proceeding in accordance with a valid environmental compliance approval or equivalent instrument, approval or order which has been issued to the discharger or regulation filed under the Environmental Protection Act or the Ontario Water Resources Act which includes a provision for the disposal of leachate to a sewage works;
(B) a copy of the current environmental compliance approval or equivalent instrument, approval or order issued or regulation filed under the Environmental Protection Act or the Ontario Water Resources Act and any amendment thereto is provided to the Region or, where the discharger is claiming an exemption pursuant to a regulation, the discharger has demonstrated to the satisfaction of the Region that the conditions of the exemption are being met;
(C) the discharger has received prior written approval from the Region to discharge the leachate into the sewage works;
(D) the discharge otherwise complies with this bylaw; and
(E) in circumstances where the leachate is transported by a hauler for discharge, the leachate is deemed to be hauled waste for the purposes of this bylaw and the discharge to the sewage works may only occur where the conditions of section 3.1(c)(v) of this bylaw have been satisfied;
(xi) a liquid or material resulting from the pump-out or cleaning of a catch-basin, except where any grit or other contaminants have been removed or reduced to levels acceptable to the Region, and the prior written approval for the discharge has been obtained from the Region; or
(xii) any contaminant at a concentration that exceeds any one or more of the limits in Table 1 as set out in Schedule “A” of this bylaw, entitled “Limits for Sanitary Sewer Discharge”, except where:
(A) the discharge is proceeding under and carried out in accordance with and only to the extent expressly permitted by all terms and conditions of a surcharge agreement, compliance program or discharge approval which has been previously authorized or approved in writing by the Region, in its sole discretion, prior to the discharge in accordance with the provisions of this bylaw; or
(B) the discharge is hauled sewage or hauled waste and is proceeding under and carried out in accordance with this bylaw and only to the extent expressly permitted by all terms, conditions and procedures of any policies or programs permitting the discharge of hauled waste, hauled sewage or leachate to the sewage works.
3.2 No person shall discharge or cause or permit a discharge of water originating from a source other than a municipal water system, including but not limited to stormwater, non-contact cooling water, water from a dewatering activity or uncontaminated water from outside a municipal water system to a sanitary sewer, except where:
(a) the Region has given prior written approval for the discharge in accordance with section 3.3 of this bylaw; or
(b) the discharge is requested as a result of a situation that the Region, in its sole discretion, considers to be an emergency and the Region has provided prior verbal or written approval for the discharge.
3.3 The Region, in its sole discretion, may approve a discharge described in section 3.2 on such terms and conditions as it may deem appropriate, including terms and conditions in respect of protecting the sewage works, other infrastructure and the natural environment, compensating the Region for costs related to the operation or repair of the sewage works, treatment or monitoring of the discharge and facilitating administration of the approval. Without limiting section 3.9, to assess a proposed discharge under section 3.2(a), the Region must be provided with:
(a) written request to the Region for the proposed discharge which includes:
(i) the volume and quality of water to be discharged;
(ii) the location of the water source;
(iii) the address of the property where the water is being used and from which it is being discharged; and
(iv) the details of the proposed discharge in a plan of discharge that is satisfactory to the Region;
(b) a copy of a valid Permit to Take Water under the Ontario Water Resources Act or equivalent instrument, approval or order issued or regulation filed under the Environmental Protection Act and any amendment thereto is provided to the Region in respect of the taking of the water that would be discharged, where such Permit to Take Water or equivalent is required; and
(c) payment for any application fees for reviewing a request for a discharge under this section that may be imposed by the Region from time to time.
3.4 Despite section 3.2, a quantity of rainwater that is free of solids that is used to replace the same quantity of water originating from a municipal water system source may be discharged to the sanitary sewer.
3.5 The Region, in its sole discretion, may approve a discharge that would otherwise be prohibited by section 3.1(b) or would exceed any one or more of the limits in Table 1 as set out in Schedule “A” of this bylaw, entitled “Limits for Sanitary Sewer Discharge” on such terms and conditions as it may deem appropriate, including, but not limited to, terms and conditions in respect of protecting the sewage works, other infrastructure and the natural environment, compensating the Region for costs related to the operation or repair of the sewage works, treatment or monitoring of the discharge and facilitating administration of the approval.
3.6 Without limiting section 3.9, to assess a proposed discharge under section 3.5, the Region must be provided with a written request for the proposed discharge which includes:
(a) the volume and proposed flow rate of sewage to be discharged;
(b) the quality of the discharge as per parameters selected by the Region;
(c) the location of the water source;
(d) the address of the property where the water is being used and from which sewage is being discharged;
(e) the details of the proposed discharge in a plan of discharge to the satisfaction of the Region;
(f) the details of the proposed treatment and monitoring of the discharge; and
(g) payment for any applicable fees for reviewing a request for a discharge under this section that may be imposed by the Region from time to time.
3.7 A discharge authorized under an approval issued under section 3.2 or 3.5 is only authorized in the amount and to the extent set out in the approval and where the person is complying with all terms and conditions of the approval.
3.8 The Region may terminate an approval issued under section 3.5 by giving written notice to the approval holder:
(a) at any time and for any reason whatsoever regardless of the state of compliance with the approval upon a minimum of 30 days’ written notice to the approval holder;
(b) at any time where, in the opinion of the Region, there is an immediate threat or danger to any person, animal, the natural environment, property, or vegetation, in which case the termination shall be effective immediately upon receipt of the written notice of termination;
(c) at any time where, in the opinion of the Region, a discharge in accordance with the discharge approval causes or may cause an adverse effect to the sewage works, in which case the termination shall be effective immediately upon receipt of the written notice of termination; or
(d) at any time where, in the opinion of the Region, the approval holder fails or neglects to implement or pursue implementation of the actions required under the discharge approval or otherwise fails to comply with the terms and conditions of an approval, in which case the termination shall be effective immediately upon receipt of the written notice of termination.
3.9 For the purposes of this Part, the Region may require a person to provide the Region with plans, specifications, reports, studies, data, analytical results, financial information, documentation or other information to the satisfaction of the Region that would enable the Region to assess the need for an approval request or to assess whether or not an actual or potential discharge may or could contravene Part 3 of this bylaw.
Part 4
PROHIBITION OF DILUTION
4.1 No person shall discharge or cause or permit the discharge of a substance into a sewage works in circumstances where water has been added to the discharge for the purposes of dilution such that after dilution the discharge does not contravene Part 3 or Part 5 of this bylaw.
Part 5
STORM SEWERS
5.1 No person shall discharge or cause or permit the discharge of a substance to a storm sewer or to land drainage works in circumstances where:
(a) the discharge is not stormwater or uncontaminated water discharged in accordance with this bylaw;
(b) to do so may cause or result in:
(i) interference with the proper operation of a storm sewer or land drainage works;
(ii) an obstruction or restriction to a storm sewer or land drainage works or the flow therein;
(iii) damage to the storm sewer or land drainage works;
(iv) a hazard or other adverse effect to any person, animal, property, vegetation or the natural environment;
(v) impairment of the quality of any water including water in any well, aquifer, lake, river, pond, spring, stream, reservoir or other watercourse; or
(vi) an offence under the Ontario Water Resources Act, the Environmental Protection Act or the Fisheries Act with respect to the storm sewer or land drainage works and/or the direct or indirect discharge from the storm sewer or land drainage works into any watercourse;
(c) the discharge has or exhibits:
(i) two or more separate liquid layers;
(ii) a visible film, sheen or discoloration;
(iii) a temperature greater than 40 degrees Celsius; or
(iv) a pH less than 6.00 or greater than 9.00; or
(d) the discharge contains, or is likely to contain,
(i) blowdown water;
(ii) non-contact cooling water;
(iii) contact cooling water;
(iv) water from a dewatering activity;
(v) combustible liquid;
(vi) flammable liquid;
(vii) floating debris;
(viii) fuel;
(ix) oil and/or grease;
(x) hauled sewage;
(xi) hauled waste;
(xii) hazardous waste;
(xiii) PCBs, except where the discharge is proceeding in accordance with a valid approval or equivalent legal instrument, permission or order which has been issued to the person by a federal authority and/or Ontario ministry or regulatory body expressly authorizing the discharge to the Region’s satisfaction and the person is complying with all terms and conditions;
(xiv) pesticides;
(xv) sewage;
(xvi) waste radioactive prescribed substances;
(xvii) leachate;
(xviii) a substance from raw materials, intermediate or final materials, used or produced in, through or from an industrial process;
(xix) a substance used in the operation or maintenance of a site;
(xx) any contaminant at a concentration that exceeds any one or more of the limits in Table 2 as set out in Schedule “A” of this bylaw, entitled “Limits for Storm Sewer/Land Drainage Works Discharge”; or
(xxi) a liquid or material resulting from the pump-out or cleaning of a catch-basin, except where any grit or other contaminants have been removed or reduced to levels acceptable to the Region, and the prior written approval for the discharge has been obtained from the Region.
5.2 The Region, in its sole discretion, may provide a written approval for a discharge of:
(a) water from a dewatering activity; or
(b) non-contact cooling water,
otherwise prohibited by sections 5.1(a), 5.1(d)(ii) or 5.1(d)(iv) to a storm sewer or land drainage works on such terms and conditions as it may deem appropriate, including but not limited to terms and conditions in respect of protecting the sewage works, other infrastructure and the natural environment, standards for parameters in the discharge, volume of the discharge and facilitating administration of the approval.
5.3 The Region, in its sole discretion, may provide a written approval for a discharge of water from a dewatering activity otherwise prohibited by section 5.1(d)(xx) to a storm sewer or land drainage works on such terms and conditions as it may deem appropriate, including but not limited to terms and conditions in respect of protecting the sewage works, other infrastructure and the natural environment, standards for parameters in the discharge, volume of the discharge and facilitating administration of the approval where:
(a) the discharge is proceeding in accordance with a valid approval or equivalent legal instrument, permission or order which has been issued to the person by a federal authority and/or Ontario ministry or regulatory body expressly authorizing the discharge; and
(b) the person has provided the Region with any information required under sections 5.4 and 5.5 of this bylaw and copy of the instrument in section 5.3(a).
5.4 Without limiting section 5.5, to assess a proposed discharge under section 5.2 or 5.3, the Region must be provided with:
(a) written request to the Region for the proposed discharge which includes:
(i) the volume and quality of water to be discharged;
(ii) the location of the water source;
(iii) the address of the property where the water is being used and from which it is being discharged; and
(iv) the details of the proposed discharge in a plan of discharge that is satisfactory to the Region;
(b) a copy of a valid Permit to Take Water under the Ontario Water Resources Act or equivalent instrument, approval or order issued or regulation filed under the Environmental Protection Act and any amendment thereto is provided to the Region in respect of the taking of the water that would be discharged, where such Permit to Take Water or equivalent is required; and
(c) payment for any application fees for reviewing a request for a discharge under this section that may be imposed by the Region from time to time.
5.5 Where the Region has given prior written approval for a discharge in accordance with:
(a) section 5.2, a person may discharge non-contact cooling water or water from a dewatering activity; or
(b) section 5.3, a person may discharge water from a dewatering activity to a storm sewer or land drainage works,
only to the extent permitted by and where the person is complying with all terms and conditions of the prior written approval.
5.6 For the purposes of this Part, the Region may require the person to provide the Region with plans, drawings, specifications, reports, studies, data, analytical results, documentation or other information to the satisfaction of the Region that would enable the Region to assess whether or not the actual or potential discharge could contravene Part 5 of this bylaw.
Part 6
NOTIFICATION AND REPORTING REQUIREMENTS
6.1 A discharger shall complete a Discharger Information Report form provided by the Region and submit it to the Region within 30 days of written notification by the Region that such report is required.
6.2 Where a discharger or potential discharger will be discharging sewage or causing or permitting the discharge of sewage to a sanitary sewer from a site from which the discharger was not discharging or causing or permitting a discharge of sewage before the date this bylaw was enacted, the discharger or potential discharger shall notify the Region in accordance with each of the following requirements:
(a) notification shall be submitted to and received by the Region a minimum of 30 days prior to the commencement of the discharger’s operations;
(b) notification shall be in the form of a completed Discharger Information Report; and
(c) the discharger shall provide any additional information related to the discharge as the Region may indicate in writing it requires within 15 days of receiving such written notification.
6.3 Where a discharger is required by the Region to complete a Discharger Information Report, the discharger shall provide written notice of any change in the information requested in the report a minimum of 30 days prior to the effective date of such change. Such notice shall include pertinent details of any change to the operation, process, or wastewater treatment facilities, and shall include any analysis of the sewage and any other information related to the discharge as may be required by the Region.
Part 7
SURCHARGE AGREEMENT
7.1 The Region, in its sole discretion, may enter into a surcharge agreement in accordance with this Part with a discharger to permit the discharge of sewage into a sanitary sewer that would otherwise be prohibited by this bylaw, to the extent permitted by the surcharge agreement.
7.2 A surcharge agreement referred to in section 7.1 may only be made with respect to the following parameters in sewage: biochemical oxygen demand (BOD), total kjeldahl nitrogen, phosphorus (total), phenolic compounds (4AAP), suspended solids (total) or any combination thereof.
7.3 The Region may include whatever terms and conditions it deems appropriate in a surcharge agreement, including but not limited to terms and conditions in respect of protecting the sewage works and other infrastructure, verifying the average concentration of any parameter permitted by section 7.2, verifying volumes of a discharge, to refine a surcharge fee based on a flow differential, facilitating the administration of the surcharge agreement and compensation to the Region for the additional costs related to a surcharge agreement and associated discharges, including costs related to administering the agreement and costs related to additional inspection, monitoring, sampling and analysis, and treatment of the discharge and related to operation and repair of the sewage works.
7.4 Without restricting the generality of the foregoing, the surcharge fees payable by a discharger under a surcharge agreement shall be calculated by the following formula for each parameter subject to the surcharge agreement:
Sp = (Cp – Lp) × V × Rp ÷ 1000
where,
Sp = the surcharge fee payable for a parameter during a given time period [$]
Cp = the average concentration of the parameter in discharges during the time period [mg/L]
Lp = the concentration limit of the parameter listed in Table 1 of Schedule “A” [mg/L]
V = the volume of discharge during the time period [m3]
Rp = the applicable surcharge rate for the parameter [$/kg]
1000 = a conversion factor
7.5 Notwithstanding section 6.3, where a discharger has entered into a surcharge agreement, any change in the information provided to the Region in the Discharger Information Report shall be submitted to the Region a minimum of 30 days prior to the change to allow sufficient assessment of the impact of the change on the surcharge agreement.
7.6 A surcharge agreement shall not be assignable or transferrable by the discharger without the express written approval of the Region.
7.7 Any surcharge agreement that was executed by the Region before the day this bylaw is enacted and has not expired will continue to remain in force unless the agreement is terminated by the Region in accordance with section 7.8 of this bylaw or by the discharger in accordance with the appropriate provisions of the surcharge agreement.
7.8 The Region may terminate a surcharge agreement by giving written notice to the discharger:
(a) at any time and for any reason whatsoever regardless of the state of compliance with the surcharge agreement upon a minimum of 90 days’ written notice to the discharger;
(b) at any time where, in the opinion of the Region, there is an immediate threat or danger to any person, animal, the natural environment, property or vegetation, in which case the termination shall be effective immediately upon receipt of the written notice of termination;
(c) at any time where, in the opinion of the Region, a discharge in accordance with the agreement causes or may cause an adverse effect to the sewage works, in which case the termination shall be effective immediately upon receipt of written notice of termination; or
(d) as may be further provided for in a surcharge agreement.
Part 8
COMPLIANCE PROGRAM
8.1 A discharger may submit to the Region, or submit and resubmit where required by the Region, a proposed compliance program to prevent, reduce or control a discharge of sewage which does not comply with the requirements of this bylaw from the discharger’s site into a sewage works.
8.2 Upon receipt and review of a proposed compliance program pursuant to section 8.1 the Region, at its sole discretion, may issue a compliance program approval with such terms and conditions the Region deems to be appropriate for any discharge which would otherwise not comply with this bylaw. A non-compliant discharge authorized under an approval is only authorized in the amount and to the extent set out in the approval, during the planning, design, construction and installation of facilities or works necessary to implement the approved compliance program.
8.3 The compliance program shall include, but is not limited to, the following conditions or requirements:
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance;
(b) corrective or remedial actions to be implemented by the discharger to prevent, reduce or control a discharge shall be specific, including the dates of commencement and completion of such actions, and the materials or other characteristics of the subject to which it relates;
(c) the final action completion date shall not be later than the final compliance date in the compliance program;
(d) a progress reporting requirement to the Region within a specified period of time of the scheduled completion date of each action listed in the compliance program.
8.4 The Region may terminate the compliance program by giving written notice to the discharger:
(a) at any time and for any reason whatsoever regardless of the state of compliance with the approved compliance program upon a minimum of 30 days’ written notice to the discharger;
(b) at any time where, in the opinion of the Region, there is an immediate threat or danger to any person, animal, the natural environment, property, vegetation, in which case the termination shall be effective immediately upon receipt of the written notice of termination;
(c) at any time where, in the opinion of the Region, a discharge in accordance with the approved compliance program causes or may cause an adverse effect to the sewage works, in which case the termination shall be effective immediately upon receipt of the written notice of termination; or
(d) at any time where, in the opinion of the Region, the discharger fails or neglects to implement or pursue implementation of the actions required under the approved compliance program or otherwise fails to comply with the terms and conditions of an approval, in which case the termination shall be effective immediately upon receipt of the written notice of termination.
8.5 Where required by the Region pursuant to an approved compliance program, the discharger shall install at the site, and prior to the sampling point, a wastewater pretreatment facility at the discharger’s expense and shall ensure:
(a) the design, installation, operation and maintenance of the pretreatment facility achieves the treatment objectives established by the approved compliance program and is in accordance with the manufacturer’s guidance and recommendations;
(b) any waste products from the pretreatment facility are disposed of in a manner which is safe and in accordance with all applicable laws; and
(c) all documentation pertaining to the pretreatment facility and waste disposal shall be made available to an enforcement officer, and upon request, copies are provided in the requested manner and format at no charge to the Region. This documentation shall be kept on site for:
(i) a minimum of two years, in the case of operational and maintenance documents or records, documents relating to waste disposal, records of sampling and analysis results; and
(ii) permanently, in the case of all up to date plans, drawings or operational manuals relating to the facility and documents pertaining to any modifications made to the facility.
8.6 A discharger who is the subject of an approved compliance program in accordance with this Part shall not be prosecuted for a contravention under Part 3 of this bylaw for the discharge of sewage to the extent set out in the approved compliance program during the term of the approved compliance program, provided that such discharge is in compliance with the approved compliance program.
Part 9
SAMPLING AND ANALYTICAL REQUIREMENTS
9.1 A discharger, at the discharger’s expense, shall install or ensure there is installed a maintenance access hole for each direct or indirect connection from its site to a sewage works for the purpose of observation, sampling and measurement of the flow of discharges therein in accordance with the requirements of this Part.
9.2 Notwithstanding section 9.1, where the installation of a maintenance access hole is not possible or is not acceptable to the Region, an alternative device or facility may be substituted with the prior written approval of the Region.
9.3 A discharger, at the discharger’s expense, shall maintain in good repair each maintenance access hole, alternative device or facility for the purposes of section 9.1 and, when necessary, shall replace a maintenance access hole, alternative device or facility.
9.4 The maintenance access hole, alternative device or facility shall be:
(a) located on the site of the discharger, unless the Region provides written approval for a different location;
(b) designed and constructed in accordance with good engineering practice, in a manner acceptable to the Region; and
(c) accessible at any time to the Region for the purpose of observation, sampling and measurement of the flow of discharges therein.
9.5 The Region by written notice may require a discharger, at the discharger’s expense, to monitor, sample and/or analyze one or more discharges from a site or to establish and implement an ongoing wastewater monitoring, analysis, and result reporting program. The Region may set out the frequency and method of the sampling and reporting of results to the Region. The sampling must be in accordance with the procedures and methods set out in Standard Methods and analyzed by an accredited laboratory.
9.6 The Region may establish non-compliance with this bylaw on the basis of a grab sample or a composite sample of a discharge, which may contain additives for its preservation, that may be collected manually or by using an automatic sampling device, and analyzed in accordance with the procedures and methods set out in Standard Methods.
9.7 For each of the metals whose concentration is limited in Table 1 or Table 2 of Schedule “A”, the analysis shall be for the quantity of total metal, which includes all metal both dissolved and particulate.
Part 10
SPILLS
10.1 In the event of a spill to a sewage works, the person with charge, management or control of the substance spilled or the person who caused or permitted the spill shall immediately notify the Region, provide any information with respect to the spill which the Region advises it requires and complete any work the Region may require to mitigate the spill.
10.2 Notwithstanding section 10.1, the person who gave notice under that section shall do everything possible to stop and contain the spill, protect the health and safety of the public and adjacent occupants, minimize damage to property, protect the natural environment, mitigate actual and potential impacts, clean up the spill and remediate and restore the affected area to its condition prior to the spill event.
10.3 Within 5 days after the first notification of the spill, the person who gave notice under section 10.1 shall provide a written report on the spill to the Region containing information to the best of the person’s knowledge including:
(a) location where the spill occurred;
(b) name and phone number of the person who reported the spill and location where such person can be contacted;
(c) date and time of spill;
(d) substance that was spilled;
(e) physical and chemical characteristics of the spilled substance;
(f) volume of the substance spilled;
(g) duration of spill event;
(h) any relevant information regarding the cause of the spill or the circumstances surrounding the spill event;
(i) work completed, in progress and/or to be undertaken to mitigate the spill;
(j) preventative actions being taken to ensure the situation does not occur again; and
(k) any other information the Region may indicate it requires in relation to the spill.
10.4 If a person to whom this Part applies is not able to provide or otherwise does not provide all of the information required by sections 10.1 and 10.3, the person shall take all reasonable steps to ascertain the missing information and provide it immediately to the Region.
10.5 If a person to whom this Part applies becomes aware that any information provided to the Region pursuant to sections 10.1 and 10.3 was inaccurate or is no longer accurate, the person shall immediately notify the Region of the inaccuracy and provide corrected information.
10.6 The spill reporting requirements set out in this Part are in addition to and do not replace any other reporting obligations imposed upon a person by federal or provincial legislation.
Part 11
POLLUTION PREVENTION PLAN
11.1 The Region may, by written notice, require a discharger to develop a pollution prevention plan for the discharge of one or more of any of the parameters listed in Table 1 as set out in Schedule “A” of this bylaw or any other parameter that may be designated by the Region with respect to the site from which the discharge occurs, where:
(a) the discharger is or has been out of compliance with Part 3 (Sanitary Sewers);
(b) the discharger is or has been out of compliance with Part 5 (Storm Sewers);
(c) the discharger is or has been in an approved compliance program with the Region; or
(d) the discharger is or has been responsible for one or more spill(s) to a sewage works.
11.2 A pollution prevention plan shall comply with any guidelines that the Region may establish from time to time.
11.3 A pollution prevention plan shall be completed by the discharger and submitted to the Region for approval within 6 months of notification by the Region that a pollution prevent plan is required.
11.4 The discharger shall keep a copy of the most current approved pollution prevention plan at the site in respect of which it was prepared and shall make the approved pollution prevention plan available for review by an enforcement officer and, upon request, shall provide a copy of the approved pollution prevention plan in the requested manner and format at no charge to the Region.
11.5 The Region may exempt a discharger from the requirements to develop a pollution prevention plan where the discharger has implemented and maintains a currently registered ISO 14001 Program which is accredited by the Standards Council of Canada or the Registrar Accreditation Board and which is currently accredited by a third party auditor. If such an exemption is granted, the discharger shall keep a copy of the registered ISO 14001 Program at the site and shall make it available for review by an enforcement officer and, upon request, shall provide a copy in the requested manner and format, at no charge to the Region.
Part 12
CONFIDENTIAL INFORMATION
12.1 Except where otherwise provided in this section, all information submitted to and collected by the Region under the authority of this bylaw, including but not limited to information in or obtained through Discharger Information Reports, pollution prevention plans, discharge approvals, compliance programs, surcharge agreements, applications, inspection, monitoring or sampling activities will be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 (“MFIPPA”).
12.2 Any person submitting information, in any form, to the Region as required under this bylaw where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA shall identify that information upon its submission to the Region and shall provide sufficient details as to the reason for its purported exemption from disclosure.
Part 13
DENTAL WASTE AMALGAM SEPARATORS
13.1 Every person who owns or operates a dental practice shall comply with the Dentistry Act, 1991, S.O. 1991, c. 24, and the regulations made thereunder, as amended from time to time, for the management and disposal of amalgam waste.
13.2 Every person who owns or operates a dental practice shall make a maintenance schedule and record of maintenance available for review by an enforcement officer and, upon request, a copy shall be provided to an enforcement officer in the manner and format requested, at no charge to the Region, for each dental amalgam separator installed.
13.3 Every person who owns or operates a dental practice shall provide a record of inspection and any documentation evidencing the installation of a dental amalgam separator to an enforcement officer upon request and, upon request, a copy of the documentation shall be provided in the requested manner and format at no charge to the Region.
Part 14
FOOD RELATED OIL AND GREASE INTERCEPTORS
14.1 Every discharger whose site is, or contains, a restaurant or other industrial premises where food is cooked, processed or prepared shall take all necessary measures to ensure that oil and grease are prevented from discharging to:
(a) a sanitary sewer in excess of the limits in Table 1 as set out in Schedule “A” of this bylaw; or
(b) a storm sewer or land drainage works.
14.2 The Region may provide notice to require a discharger to whom section 14.1 applies to install, operate, and properly maintain an oil and grease interceptor and the discharger shall install, operate and properly maintain, in accordance with the requirements of this Part, an oil and grease interceptor in any piping system at its site that connects directly or indirectly to a sewage works.
14.3 The installation and operation of each oil and grease interceptor shall be:
(a) in compliance with the most current requirements of the Building Code Act and its regulations; and
(b) in accordance with the requirements of the Canadian Standards Association national standard CAN/CSA B481, as amended from time to time.
14.4 The discharger shall ensure all oil and grease interceptors are maintained in good working order, including the requirements that every oil and grease interceptor shall:
(a) be tested and maintained in accordance with the requirements of CAN/CSA B481, as amended from time to time;
(b) have the maintenance requirements posted at the site in a conspicuous location in proximity to the oil and grease interceptor; and
(c) be cleaned before the thickness of the organic material and solids residuals becomes greater than twenty-five percent of the available volume, with a cleaning frequency of at least once every four weeks.
14.5 The discharger must provide the maintenance schedule and record of maintenance for each oil and grease interceptor to an enforcement officer upon request and, upon request, a copy shall be provided to an enforcement officer in the manner and format requested at no charge to the Region, and must keep documentation of proof of interceptor clean-out and oil and grease disposal at the site for a minimum of two years.
14.6 Where a discharger fails to adequately maintain the oil and grease interceptor to the satisfaction of the Region, the Region may require an alarmed monitoring device or such other device to be installed at the site, which the discharger shall then install at its expense, in accordance with specifications of CAN/CSA B481, as amended from time to time.
14.7 No discharger shall discharge or cause or permit the discharge of emulsifier to a sewage works to which this Part applies.
14.8 No discharger shall use or cause or permit the use of enzymes, bacteria, solvents, hot water or other agents to facilitate the passage of oil and grease through an interceptor to which this Part applies.
Part 15
VEHICLE AND EQUIPMENT SERVICE OIL AND GREASE INTERCEPTORS
15.1 Every discharger whose site is a vehicle or equipment service station, repair shop, garage or other industrial premises where motor vehicles are repaired, lubricated, washed or maintained shall take all necessary measures to ensure that oil and grease are prevented from discharging to:
(a) a sanitary sewer in excess of the limits in Table 1 as set out in Schedule “A” of this bylaw; or
(b) a storm sewer or land drainage works.
15.2 The Region may provide notice to require a discharger to whom section 15.1 applies to install, operate and properly maintain an oil and grease interceptor and the discharger shall install, operate and properly maintain, in accordance with the requirements of this Part, an oil and grease interceptor in any piping system at its site that connects directly or indirectly to a sewage works.
15.3 Each oil and grease interceptor required to be installed under this Part shall be installed in compliance with the most current requirements of the Building Code Act and its regulations.
15.4 The discharger shall ensure all oil and grease interceptors are maintained in good working order, including the requirements that every oil and grease interceptor shall:
(a) be maintained as recommended by the Canadian Fuels Association and in accordance with the manufacturer’s guidance and recommendations;
(b) be inspected regularly to ensure performance is maintained and to ensure the surface oil, grease and sediment levels do not exceed the recommended level; and
(c) have the maintenance requirements posted at the site in a conspicuous location in proximity to the oil and grease interceptor.
15.5 The discharger must provide the maintenance schedule and record of maintenance for each oil and grease interceptor to an enforcement officer upon request and, upon request, a copy shall be provided to an enforcement officer in the manner and format requested at no charge to the Region, and must keep documentation of proof of interceptor clean-out and oil and grease disposal at the site for a minimum of two years.
15.6 Where a discharger fails to adequately maintain the oil and grease interceptor to the satisfaction of the Region, the Region may require an alarmed monitoring device or such other device be installed at the expense of the discharger and every discharger shall comply with such an order.
15.7 No discharger shall discharge or cause or permit the discharge of emulsifier to a sewage works to which this Part applies.
15.8 No discharger shall use or cause or permit the use of enzymes, bacteria, solvents, hot water or other agents to facilitate the passage of oil and grease through an interceptor to which this Part applies.
Part 16
SEDIMENT INTERCEPTORS
16.1 Where sediment may be discharged to a sewage works from the site of a discharger, including but not limited to sites using a ramp drain or area drain and vehicle wash establishments, the discharger shall take all necessary measures to ensure that such sediment is prevented from discharging to a drain or a sewage works in excess of the limits in Table 1 as set out in Schedule “A” of this bylaw.
16.2 A discharger shall ensure any catch-basin installed on its site for the purpose of collecting stormwater and carrying it into a storm sewer or land drainage works is equipped with a sediment interceptor and the installation of each catch-basin shall comply with the Region’s standard construction specifications and drawings.
16.3 A discharger shall ensure that all sediment interceptors are maintained in good working order, including the requirements that every sediment interceptor shall be:
(a) maintained in accordance with the manufacturer’s guidance and recommendations; and
(b) inspected regularly to ensure performance is maintained to the manufacturer’s specifications.
16.4 The discharger must provide the maintenance schedule and record of maintenance for each sediment interceptor to an enforcement officer upon request and, upon request, a copy shall be provided to an enforcement officer in the manner and format requested at no charge to the Region, and must keep documentation of interceptor clean-out and sediment disposal at the site for a minimum of two years.
Part 17
PROTECTION OF SEWAGE WORKS
17.1 No person shall alter, damage, tamper with, move, remove, destroy or deface, or cause or permit the altering, damaging, tampering with, moving, removal, destroying or defacing of any part of the sewage works or any permanent or temporary equipment,
(a) installed in any part of a sewage works; or
(b) installed in or around any maintenance access hole, device or facility with a connection into the maintenance access hole, device or facility
without the prior written permission of the Region.
17.2 Any person discharging or causing or permitting the discharge of a substance to the sewage works shall be responsible for ensuring that the discharge complies with the provisions of this bylaw and shall be liable for any damage or expense arising out of the failure to properly check and control the discharge, including the cost of repairing or replacing any part of the sewage works damaged thereby and for any damage or injury to any person or property caused by such discharge.
17.3 No person shall enter the sewage works unless specifically authorized by the Region in writing.
17.4 No person shall remove or tamper with, or cause or permit the removal of or tampering with, any maintenance access hole cover or other opening into the sewage works unless specifically authorized by the Region in writing.
Part 18
REBUTTABLE PRESUMPTION
18.1 In a prosecution by the Region for a contravention of this bylaw, unless rebutted by evidence to the contrary on a balance of probabilities, a person who owns, is in occupation of or who has charge, management or control of a property from which a discharge occurs or who has charge, management or control of sewage, stormwater, uncontaminated water or other substance regulated by this bylaw shall be presumed to have discharged or caused or permitted a discharge.
Part 19
SERVICE
19.1 Where a notice, document, record or other information is required to be provided or given under this bylaw, any document given or served under this bylaw is sufficiently given or served by a party when:
(a) delivered personally or by courier;
(b) sent by ordinary, prepaid mail addressed to the last known address for the person appearing on the records of the Region or the local municipality, as the case may be; or
(c) sent by email or facsimile transmission.
19.2 An order issued under Part 20 may be served personally, by courier, by email, by facsimile transmission or by sending it by ordinary, prepaid mail to the last known address, email address or facsimile number of:
(a) the person to whom the order is issued; or
(b) where the identity of the person cannot be ascertained, to the property of the discharger.
19.3 If the person to whom the notice, order, document, record or other information is required to be provided or given under this bylaw is a corporation, service under section 19.1 or 19.2 shall be effected:
(a) in the case of a municipal corporation by,
(i) delivering the notice, order, document, record or other information personally to the mayor, warden, reeve or other chief officer of the corporation or to the clerk of the municipal corporation;
(ii) mailing the notice, order, document, record or other information by registered mail, or by couriering it to the municipal corporation at an address held out by it to be its address; or
(iii) by email or facsimile transmission to such email or facsimile number as held out by the corporation;
(b) in the case of any corporation, other than a municipal corporation, incorporated or continued by or under applicable legislation by:
(i) delivering the notice, order, document, record or other information personally to the manager, secretary or other senior officer of the corporation or person apparently in charge of a branch office of the corporation;
(ii) mailing the notice, order, document, record or other information by registered mail, or by couriering it to the corporation at an address held out by it to be its address; or
(iii) by email or facsimile transmission to such email or facsimile number as held out by the corporation;
(c) in the case of a corporation not incorporated or continued by or under applicable legislation by:
(i) a method provided under section 19.3(b),
(ii) delivering the notice, order, document, record or other information personally to the corporation’s resident agent or agent for service or to any other representative of the corporation in Ontario;
(iii) mailing the notice, order, document, record or other information by registered mail or by couriering it to a person referred to in clause (ii) or to an address outside Ontario, including outside Canada, held out by the corporation to be its address, or
(iv) by email or facsimile transmission to such email or facsimile number as held out by the corporation.
19.4 Service under sections 19.1, 19.2 and 19.3, or an appeal under Part 21 is deemed to be effected as follows:
(a) if service is by courier, the next business day after the day the courier received the document from the person giving or serving it;
(b) if service is by ordinary, prepaid mail, the fifth business day after the day of mailing;
(c) If by email or facsimile transmission, on the business day the document is sent unless the transmission is made on a day other than a business day or if it is sent after 4:30 p.m. on any day, in which case service will be deemed to be effected on the next business day.
19.5 Despite section 19.4, deemed service may be rebutted by the person deemed served by proving, on a balance of probabilities, that the person did not receive the notice, document, record or other information until a date other than the deemed service date or not at all due to a cause beyond the person’s control.
Part 20
ENFORCEMENT OFFICER ORDERS
20.1 Where an enforcement officer has reason to believe that a contravention of this bylaw has occurred, the enforcement officer may issue and serve an order requiring the person who has contravened the bylaw or who has caused or permitted the contravention or the owner or occupier of the property on which contravention of the bylaw occurred to discontinue the contravening activity.
20.2 Where an enforcement officer has reason to believe that a contravention of this bylaw has occurred, the enforcement officer may issue and serve an order requiring the person who has contravened the bylaw or who has caused or permitted the contravention or the owner or occupier of the property on which contravention of the bylaw occurred to do work to correct the contravention.
20.3 Where a person is issued an order described under section 20.1 or 20.2 and in the opinion of the Region fails to do any work required by the order by the date specified in the order, the Region may cause the work set out in the order to be done at the person’s expense.
20.4 For the purpose of doing any work under section 20.3, employees of the Region and any contractor, consultant or other person authorized by the Region may enter upon the property referred to in the order at any reasonable time to perform the work required by the order.
20.5 In accordance with section 446 of the Municipal Act, 2001, the Region may recover the cost of doing the work under section 20.3 from the person directed or required by order to do the work by action or by requesting the costs be added to the tax roll of the applicable local municipality and that such costs be collected in the same manner as property taxes.
20.6 In addition to the methods of service in Part 19, the enforcement officer may place a placard containing the terms of the order in a conspicuous place at the property and the placing of the placard shall be deemed to be sufficient service of the order on the person or persons to whom it is directed.
20.7 The power of an enforcement officer to issue an order under this Part includes the power to amend or revoke such orders.
Part 21
APPEAL OF ORDER TO THE DIRECTOR
21.1 A person who considers themself aggrieved by an order under Part 20 may appeal the order to the Director within 20 days after the date on which the order is deemed served. The appeal shall be made in writing and shall contain the person’s name, address, email address, phone number and details concerning the reason for appealing the order, whether a stay of the order is requested pending the disposition of the appeal and the remedy being requested.
21.2 An appeal shall be served by prepaid ordinary or registered mail, courier, email or facsimile transmission addressed to the attention of the Director at the municipal street address, email address or facsimile number posted on the Region’s website at www.york.ca.
21.3 The appeal shall be heard in writing. The Director may also arrange for an oral hearing to be held if the Director, in their sole and absolute discretion, considers it necessary to do so.
21.4 Submission of an appeal does not stay the operation of the order unless the Director issues a written notice indicating the order is stayed.
21.5 On an appeal, the Director may request and require production of any further documents, reports and information from the person appealing the order, from the enforcement officer who issued the order, and from any other person who may have knowledge or information relevant to the order. The Director may consider any issue relevant to the issuance of the order, including legal issues and interpretation of the bylaw, and may consult with legal counsel in determining the validity of the order.
21.6 The Director may affirm, vary or rescind the order and take any other action that the Director considers the person ought to take in accordance with this bylaw and for those purposes, the Director may substitute their opinion for that of the enforcement officer. A decision of the Director to affirm or vary an order is enforceable under this bylaw as if it were an order issued under Part 20.
21.7 The Director shall serve a written decision on the appeal, by any of the methods set out under Part 19 of this bylaw, to the person appealing the order with a copy to the enforcement officer who issued the order.
Part 22
OFFENCES
22.1 Every person who contravenes any provision of this bylaw is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
22.2 Every person who fails to comply with an order issued under Part 20 of this bylaw or as varied by the Director under Part 21 is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
Part 23
PENALTIES
23.1 If an order has been issued under Part 20 of this bylaw, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with.
23.2 Pursuant to the authority established under section 429 of the Municipal Act, 2001, every person who contravenes any provision of this bylaw, including any order issued under Part 20 of this bylaw or as varied by the Director under Part 21, is guilty of an offence and upon conviction shall be subject to the following penalties:
(a) on a first conviction, to a fine in an amount of not more than $25,000;
(b) on any subsequent conviction, to a fine of not more than $50,000;
(c) upon conviction for a continuing offence, to a fine of not more than $10,000 for each day or part of a day that the offence continues, however the total of the daily fines is not limited to $50,000; and
(d) upon conviction for a multiple offence, for each offence included in the multiple offence, to a fine of not more than $10,000, however the total of all fines for each included offence is not limited to $50,000.
23.3 If the person convicted of an offence under this bylaw is a corporation, then the corporation is liable:
(a) on a first conviction, to a fine in an amount of not more than $50,000;
(b) on any subsequent conviction, to a fine of not more than $100,000;
(c) upon conviction for a continuing offence, to a fine of not more than $10,000 for each day or part of a day that the offence continues, however the total of the daily fines is not limited to $100,000; and
(d) upon conviction for a multiple offence, for each offence included in the multiple offence, to a fine of not more than $10,000, however the total of all fines for each included offence is not limited to $100,000.
23.4 In this bylaw, “multiple offence” means an offence in respect of two or more acts or omissions, each of which separately constitutes an offence and is a contravention of the same provision of this bylaw.
23.5 In this bylaw, “subsequent conviction” means a conviction for an offence where the offence occurs after the date of conviction for an earlier offence under this bylaw, Bylaw No. 2011-56, Bylaw No. S-0064-2005-009 or Bylaw No. S-057-92-155.
Part 24
ADMINISTRATIVE PENALTIES
24.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, for a breach of any provision of this bylaw, an enforcement officer may issue an administrative penalty to the person who has contravened this bylaw.
24.2 The enforcement officer has the discretion to either proceed by way of an administrative penalty or a charge laid under the Provincial Offences Act, R.S.O. 1990, c. P.33. If a person is required by a municipality to pay an administrative penalty under section 24.1 in respect of a contravention, the person shall not be charged with an offence in respect of the same contravention.
24.3 The amount of the administrative penalty for a breach of a provision of this bylaw, issued under this bylaw, is fixed as set out in the Region’s Administrative Penalty Bylaw, as amended, or any successor bylaw.
24.4 A person who is issued an administrative penalty shall be subject to the procedures as provided for in the Region’s Administrative Penalty Bylaw, as amended, or any successor bylaw.
24.5 An administrative penalty imposed on a person pursuant to this bylaw that is not paid within 15 days after the day it becomes due and payable, constitutes a debt of the person to the Region and the Region may request the penalty be added to a municipal tax roll of the applicable local municipality where an agreement between the Region and the municipality exists and collected in the same manner as municipal taxes.
Part 25
POWER OF ENTRY, INSPECTION AND ENFORCEMENT
25.1 The Region may enter upon any part of a property at any reasonable time, to inspect the discharge of any substance into the sewage works and may conduct tests and take samples of the discharge.
25.2 The Region's power of entry described in this Part may be exercised by an employee, officer or agent of the Region, including an enforcement officer.
25.3 Enforcement officers may enter upon any part of a property at any reasonable time, to carry out inspections in order to determine compliance with and/or enforce:
(a) this bylaw;
(b) a surcharge agreement, compliance program, discharge approval, pollution prevention plan approved or authorized under this bylaw;
(c) an order issued under this bylaw;
(d) any other approval or authorization issued by the Region under Part 3 or Part 5 of this bylaw to permit the discharge of a substance that would otherwise be prohibited by this bylaw; or
(e) an order made under section 431 of the Municipal Act, 2001.
25.4 An enforcement officer may enter any part of a property at any reasonable time to undertake an inspection pursuant to an order issued under section 438 of the Municipal Act, 2001.
25.5 When entering a property in accordance with Part 20 or sections 25.1 or 25.3 of this bylaw, the person exercising the power of entry:
(a) shall provide identification to any person requesting identification during the course of the inspection;
(b) may be accompanied by a person or persons under his or her direction; and
(c) shall not enter or remain in any room or place actually used as a dwelling unless one of the conditions set out in section 437 of the Municipal Act, 2001 are met.
25.6 When entering a property in accordance with Part 20 or sections 25.1, 25.3 or 25.4 of this bylaw, the exercise of such powers shall be limited to reasonable times, unless an emergency situation requires otherwise.
25.7 For the purposes of an inspection to determine compliance with this bylaw or any order issued under this bylaw or to otherwise enforce this bylaw an enforcement officer may:
(a) access or require any person being inspected to provide access to any drain pipe, maintenance access hole, catch-basin or other discharge point connecting, directly or indirectly, to the sewage works, whether owned privately or by a municipality, including by making or requiring necessary excavations;
(b) require that any thing be operated, used or set in motion under conditions specified by an enforcement officer;
(c) sample, collect, test or measure any substance, thing, parameter or discharge, and install, test, use, read and maintain any equipment or device for such purpose;
(d) make and record observations, such as by taking photographs, notes, video recordings and sound recordings;
(e) require any person to respond to reasonable inquiries concerning a matter related to the inspection, orally or in writing, including providing their full legal name and position in the corporation or business;
(f) require any person to produce for inspection any documents or things relevant to the inspection;
(g) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; and
(h) do such other things that are reasonably necessary for an enforcement officer to effectively carry out the inspection.
25.8 A demand by an enforcement officer to respond to reasonable inquiries under section 25.7(e) or to produce documents or things under section 25.7(f) may be made by telephone, letter or email and such demand shall be deemed to be made in the course of an inspection.
25.9 The Region shall restore the property to its original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land, except where the entry is pursuant to section 20.4 of this bylaw.
25.10 No person shall refuse or neglect to give, produce or deliver any access, information, document or other thing that is requested by an enforcement officer carrying out an inspection.
25.11 No person shall hinder or obstruct or attempt to hinder or obstruct the Region, its enforcement officers, employees or agents from carrying out any powers or duties under this bylaw.
Part 26
EVIDENCE OF DOCUMENTS
26.1 In this Part, “official document” means:
(a) a certificate or report as to the analysis, description, ingredients, quality, quantity or temperature of any solid, liquid, or gas or any combination of any of them;
(b) a certificate or report as to the analysis, description, quality or quantity of any odour, temperature, sound, radiation or any combination of them; and
(c) a certificate or report as to the custody of any solid, liquid or gas or any combination of any of them.
26.2 An official document that is produced by an accredited laboratory shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document.
Part 27
LIMITATION
27.1 Nothing in this bylaw shall be so construed as to permit anything, which by the provisions of any applicable Act, Regulation or bylaw is otherwise prohibited.
27.2 This bylaw shall not apply to discharges, activities or matters undertaken by the Region.
Part 28
SEVERABILITY
28.1 If any provision of this bylaw or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the bylaw which can be given effect without the invalid provision or application, and to this end the provisions of this bylaw are severable.
Part 29
SCHEDULES
29.1 Schedule “A” forms part of this bylaw.
Part 30
EFFECTIVE DATE
30.1 This bylaw will be effective on January 1, 2022.
Part 31
REPEAL
31.1 Bylaw No. 2011-56 is hereby repealed effective January 1, 2022.
Part 32
TRANSITION
32.1 Notwithstanding the repeal of Bylaw No. 2011-56, that bylaw shall continue to apply to any acts, omissions or occurrences, and to any offences and prosecutions that took place prior to the enactment of this bylaw.
32.2 Any enforcement officers previously appointed under Bylaw No. 2011-56 continue to be appointed as enforcement officers under this bylaw.
Part 33
SHORT TITLE
33.1 The short title of this bylaw is the “Sewer Use Bylaw”.
ENACTED AND PASSED on November 25, 2021.
[Authorized signatories]
| Christopher Raynor | Wayne Emmerson |
| Regional Clerk | Regional Chair |
Authorized by Item F.2.2 of the Committee of the Whole of November 11, 2021, adopted by Regional Council at its meeting on November 25, 2021.
