HomeMy WebLinkAboutTWP 92 022 Inverhuron Sewage
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April 24, 1992
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW NO. 92-22
Being a By-Law to control discharge of sewage to the Municipal Sanitary Sewer System
pursuant to Municipal Act R.S.O., Section 210 paragraph 147, 1980.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNCPLTY
ENACTS AS FOLLOWS:
SECTION 1
DEFINITIONS
1. In this by-law:
(a)
"acute hazardous waste chemical" means a material which is an acute
hazardous waste chemical within the meaning of Ontario Regulation 309 made
under the Environmental Protection Act (Ontario);
(b) "authorized representative of the owner or operator" means
(i) A principal executive officer of at least the level of vice-president, if
the owner or operator is a corporation; or
(ü) A general partner or proprietor if the owner or operator is a
partnership or proprietorship, respectively; or
(ill) A duly authorized representative of the individual designated above if
such representative is responsible for the overall operation of the
facilities from which the sewage discharge originates;
(c)
''biochemical oxygen demand" means carbonaceous oxygen demand
(biochemical) as determined by Method 507 in Standard Methods when an
inln"biting chemical has been added to prevent ammonia oxidation;
(d) ''blowdown'' means the discharge of recirculating non-contact cooling water for
the purpose of discharging materials contained in the water, the further build-
up of which would cause concentrations in amounts exceeding limits
established by best engineering practices;
(e) "combined sewer" means a sewer intended to function simultaneously as a
storm sewer and a sanitary sewer;
(f) "commercial waste chemical" means a material which is a commercial waste
chemical within the meaning of Ontario Regulation 309 made under the
Environmental Protection Act (Ontario);
(g) "composite sample" means a sample which is composed of a series of grab
samples taken at intervals during the sampling period;
(h) "cyanide (total)" means cyanide as determined by Methods 4128 plus one of
Method 41C or 412D in Standard Methods;
(i) "de minimis dose" means a dose of radiation to an individual of .05
mi1lj~.per year;
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G)
"de minimis waste" means any waste radioactive material that will not result
in a dose of radiation exceeding the de minimis dose regardless of the quantity
of the material or how it is used or managed;
(k)
"fuels" includes (i) any ignitable liquid intended for use as a fuel with a flash
point less than 61 degree celsius as determined by one of the methods in
Ontario Regulations 309 made under the Environmental Protection Act
(Ontario) and (ü) gasoline, naptha, diesel fuel or fuel oil;
(I) "grab sample" is an aliquot of the flow being sampled taken at one particular
time and place;
(m) ''hauled sewage" means waste removed from a cesspool, a septic tank system,
a privy vault or privy pit, a chemical toilet, a portable toilet, a sewage holding
tank or any other sewage system of a type regulated under Part VII of the
Environmental Protection Act (Ontario);
(n) "hazardous industrial waste" means a material which is a hazardous industrial
waste within the meaning of Ontario Regulation 309 made under the
Environmental Protection Act (Ontario);
(0)
"hazardous waste chemical" means a material which is a hazardous waste
chemical within the meaning of Ontario Regulation 309 made under the
Environmental Protection Act (Ontario);
(p) "ignitable waste" means a material which is an ignitable waste within the
meaning of Ontario Regulation 309 made under the Environmental Protection
&1 (Ontario);
(q) "industrial" shall mean of or pertaining to industry, manufacturing, commerce,
trade, business or institutions as distinguished from domestic or residential;
(r) "industrial process area" means any industrial building, property or land area
which during manufacturing, processing or storage comes into direct contact
with any raw material, intermediate product, finished product, byproduct, or
waste product;
(s)
"Kjeldahl Nitrogen" means organic nitrogen as determined by one of Method
420A or 420B in Standard Method;
(t) "matter" includes any solid, liquid or gas;
(u) "municipality" means The Corporation of the Township of Kincardine or its
designated representative;
(v) "non-conduct cooling water" means water which is used to reduce temperature
for the purpose of cooling and which does not come into direct contact with
any raw material, intermediate product other than heat, or finished product;
(w) "once-through cooling water" means non-contact cooling water that has been
circulated once through the cooling device;
(x) "owner or operator" means the owner or operator of any facility or activity
subject to the provisions of this by-law;
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(y)
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(z)
(aa)
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(cc)
(dd)
(ee)
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(ff)
(gg)
(hh)
(ü)
(jj)
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(ll)
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"pathological waste" means a material which is a pathological waste within the
meaning of Ontario Regulation 309 made under the Environmental Protection
&1 (Ontario) or any material which may be designated in writing by the Chief
Medical Officer of Health (Ontario);
"PCB" means any monochlorinated or poly-chlorinated biphenyl or any
mixture of these or mixture that contains one or more of them.
"PCB waste" means a PCB waste within the meaning of Ontario Regulation
148/86 made under the Environmental Protection Act (Ontario);
"persons" includes an individual, association, partnership, corporation,
municipality, Provincial or Federal agency, or an agent or employee thereof;
"pesticides" means a pesticide regulated under the Pesticide Act (Ontario);
"pH' means the logarithm to the base of 10 of the reciprocal of the
concentration of hydrogen ions in moles per litre of solution;
"phenolic compounds" means those derivatives of aromatic hydrocarbons
which may have a hydroxyl group directly attached to the ring as determined
by one of Method 510B or 510C in Standard Methods;
"phosphorus" means total phosphorus as determined by both Method 424C
plus one of Method 424D, 424E, 424F or 424G in Standard Methods;
"reactive waste" means a material which is a reactive waste within the meaning
of Ontario Regulation 309 made under the Environmental Protection Act
(Ontario);
"sanitary sewer" means a sewer for the collection and transmission of domestic,
commercial, institutional land industrial sewage or any combination thereof;
"severely toxic material" means any material listed in Schedule 3 of Ontario
Regulation 309 made under the Environmental Protection Act (Ontario);
"sewage" means any liquid waste containing animal, vegetable or mineral
matter in solution or in suspension, except uncontaminated water;
"sewage works" means any works for the collection, transmission, treatment or
disposal of sewage, or any part of such work;
"SIC code" means Standard Industrial Classification code contained in either
the Standard Industrial Classification manual published by the Minister of
Supply and Services Canada, 1980 (Canadian SIC) or the Standard Industrial
Qassification Manual published by the Executive Office of the President,
Office of Management and Budget, 1972 (U.S. SIC);
(rom) "solvent extractable matter of animal or vegetable origin" means grease and
oil as determined by one of Methods 503A, 503B, 503C, or 503D in Standard
Methods;
(nn) "solvent extractable matter of mineral or synthetic origin" means grease and
oil as determined by Method 503E in Standard Methods;
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(00) "Standard Methods" means a procedure set out in Standard Methods for the
EYSlmination of Water and Wastewater published jointly by the American
Public Health Association, American Water Works Association and Water
Pollution Control Federation, 16th Edition (1985), current at the date of
testing, or a procedure published by the Ontario Ministry of the Environment
as a standard method or the equivalent of a standard method;
(pp) "storm sewer" means a sewer for the collection and transmission of
uncontAminated water, stormwater, drainage from land or from a watercourse
or any combination thereof;
(qq) "stormwater" means water from rainfall or other natural precipitation or from
the melting of snow or ice;
(rr) "suspended solids" means solid matter in or on a liquid which matter is
removable by filtering and dried at 103-105 degrees Celsius as determined by
Method 209C in Standard Methods;
(ss) "uncontaminated water" means water to which no matter has been added as
a consequence of its use, or to modify its use, by any person;
(tt) "waste disposal site leachate" means leachate from any waste disposal site; and
(uu) "waste radioactive materials" means any waste material exhibiting the property
of spontaneous disintegration of atomic nuclei usually with the emission of
penetrating radiation or particles.
SECTION 2
DISCHARGES TO SANITARY SEWERS
2(1) No person shall discharge or deposit or cause or permit the discharge or deposit of
matter of a kind listed below into or in land drainage works, private branch drains
or connections to any sanitaIY sewer:
matter of any type or at any temperature or in any quantity which may be or
may become a health or safety hazard to a sewage works employee, or which
may be or may become harmful to a sewage works, or which may cause the
sewage works effluent to contravene any requirement by or under the Ontario
Water Resources Act or the Environmental Protection act (Ontario), or which
may cause the sludge from sewage works to fail to meet the criteria relating
to contaminants for spreading the sludge on agricultural lands under Ontario's
Guidelines for Sewage Sludge Utilization on ~cultural I.ADds (as revised
January, 1986) unless the person has been advised in writing by the operator
of the sewage treatment works that the sludge from the sewage treatment
works will never be used on agricultural lands, or which may interfere with the
proper operation of a sewage works, or which may impair or interfere with
any sewage treatment process, or which is or may result in a hazard to any
person, animal, property or vegetation and;
2. Without limiting the generality of the foregoing, any of the following:
1.
(a)
Solid or viscous substances in quantities or of such size as to be
capable of causing obstruction to the flow in a sewer, including but not
limited to ashes, bones, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, animal guts
or tissues, paunch manure, and whole blood;
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(b) Sewage that may cause an offensive odour to emanate from a sewage
works, and without limiting the generality of the foregoing, sewage
containing hydrogen sulphide, carbon disulphide, other reduced sulphur
compounds, amines or ammonia in such quantity that may cause an
offensive odour;
(c) Stormwater, water from drainage of roofs or land, water from a
watercourse or uncontaminAted water;
(d) Water that has originated from a source separate from the water
distribution system of the municipality except for well or lake water
taken for domestic purposes;
(e) Sewage or uncontAminated water at a temperature greater than 55
degrees Celsius;
(f) Sewage having a pH less than 5.5 or greater than 9.5;
(g) Sewage containing more than 15 milligrams per litre of solvent
extractable matter of mineral or synthetic origin;
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(h) Sewage containing more than 150 milligrams per litre of solvent
extractable matter of animal or vegetable origin;
(i) Sewage in which the biochemical oxygen demand exceeds 300
milligrams per litre peak or exceeds 200 milligrams per litre daily
average;
(j) Sewage containing more than 350 milligrams per litre of suspended
solids;
(k) Sewage containing more than 10 milligrams per litre of phosphorus;
(I) Sewage containing more than 100 milligrams per litre of Kjeldahl
nitrogen;
(m) Sewage containing more than 1 milligram per litre of phenolic
compounds;
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(n)
Sewage which consists of two or more separate liquid layers;
(0) Sewage containing dyes or colouring materials which pass through a
sewage works and discolour the sewage works effluent;
(p) Sewage containing any of the following in excess of the indicated
concentrations;
1500 milligramsllitre
Chlorides expressed as 0
Sulphates expressed as SO.
50 milligramsllitre
Aluminum expressed as Al
Iron expressed as Fe
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10 milli~amsllitre
Fluorides expressed as F
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5 millivamsllitre
Antimony expressed as Sb
Bismuth expressed as Bi
Chromium expressed as Cr
Cobalt expressed as Co
Lead expressed as Pb
Manganese expressed as Mn
Mo1ybdenum expressed as Mo
Selenium expressed as Se
Silver expressed as Ag
Tin expressed as Sn
Titanium expressed as Ti
Vanadium expressed as V
3 milliWAmsflitre
Copper expressed as Cu
Nickel expressed as Ni
Zinc expressed as Zn
2 millilP"Am~flitre
Cyanide (total) expressed as en
1 millivamllitre
Arsenic expressed as As
Cadmium expressed as Cd
0.1 millivam~lIitre
Mercury expressed as Hg
q)
The following materials or sewage containing any of the following in
any amount;
Fuels
PCBs
Pesticides
Severely Toxic Materials
Waste Radioactive Materials
The following materials or sewage containing any of the following in
any amount;
Hauled Sewage
Waste Disposal Site Leachate
The following hazardous wastes in any amount;
Acute Hazardous Waste Chemicals
Hazardous Industrial Wastes
Hazardous Waste Chemicals
Ignitable Wastes
Pathological Wastes
PCB Wastes
Reactive Wastes
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(2) In determining whether the limit with respect to any matter prescn1>ed in
subsection 2(1) is contravened, the volume of any water that has been added
for the purpose of enabling the limit to be met shall be disregarded for the
purposes of calculating whether the limit has been met so that compliance
with the limit cannot be attained by dilution.
(3) Subclauses 2(1) 2(b) and 2(1) 2.(s) do not apply to prevent the discharge
human waste.
(4) Subclause 2(1) 2.(r) does not apply to prevent the discharge of hauled sewage
when,
(a) the carrier of the hauled sewage is a waste transportation system
operating under a licence issued under Part VII of the Environmental
Protection Act (Ontario);
(b) the carrier has written approval from the municipality which includes
a specified time and location for the discharge; and
(c) the discharge occurs at the approved time and location;
SECTION 3
SAMPUNG AND ANALYSIS
3(1) Where a sample is required for the purpose of determining the characteristics or
contents of the sewage, uncontaminated water or stormwater to which reference is
made in this by-law;
(a) One sample alone is sufficient and, without limiting the generality of the
foregoing the sample may be a grab sample or a composite sample, may
contain additives for its preservation and may be collected manually or by
using an automatic sampling device.
(b) Except as otherwise specifically provided in this by-law, all tests,
measurements, analyses and examinations of sewage, uncontaminated water
and stormwater, shall be carried out in accordance with Standard Methods;
and
(c) For each one of the following metals: aluminum, antimony, arsenic, bismuth,
cadmium, chromium, cobalt, copper, iron, lead, manganese, mercury,
molybdenum, nickel, selenium, silver, tin, titanium, vanadium and zinc whose
concentration is limited in Subclauses 2(1) 2.(p) and 3(1) 2.(f), the analysis
shall be for the quantity of total metal, which includes all metal both dissolved
and particulate.
SECTION 4
SPß.T.<\
4(1) Every person who discharges or deposits or causes or permits the discharge or
deposit of sewage into or in land drainage works, private branch drains or
connections to anv sanitary sewer shall, if such discharge or deposit is not in the
ordinary course of events forthwith notify the municipality or the agency responsible
for operating the sewage works receiving the discharge or deposit.
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4(2) Every person who discharges or deposits or causes or permits the discharge or
deposit of any of the items listed in Subclauses 2(1) 2.(q) and (s) into or in land
drainage works, private branch drains or connections to any sanita¡y sewer shall
forthwith notify the municipality or the agency responsible for operating the sewage
works receiving the discharge or deposit.
4(3) For any of the discharges in Subsections 4(1) and (2) for which the person is required
to forthwith notify the municipality or agency, the notification shall include the
following information:
(a) Name and address of location of spill ;
(b) Name of person reporting the spill and telephone number where that person
can be reached;
( c) Time of the spill;
(d) type and volume of material discharged and any associated hazards; and
(e) Corrective actions being taken to control the spill;
4(4) With five (5) days following a discharge to which Subsection (5) applies, the person
shall submit to the municipality or agency a detailed written report descn"bing the
cause of the spill and the actions taken or to be taken to prevent a recurrence.
SECTION 5
GENERAL
5(1) No person shall break, damage, destroy, deface or tamper or cause or permit with
breaking, damaging, destroying, defacing or tampering with:
(a) Any part of a sewage works; or
(b) Any permanent or temporary device installed in a sewage works for the
purpose of measuring, sampling and testing of sewage;
SECTION 6
OFFENSES
6(1) Every person who contravenes any provision of this by-law is guilty of an offence and
on conviction is liable to a fine of not more than $2,000.00 for every day or part
thereof upon which such offence occurs or continues.
6(2) Every person other than a corporation who contravenes any provision of this by-law
is guilty of an offence and on conviction is liable for every day or part thereof upon
which such offence occurs or continues to a fine of not more than $5,000.00 for a first
offence and $10,000.00 for any subsequent conviction.
6(3) Every corporation which contravenes any provision of this by-law is guilty of an
offence and on conviction is liable for every day or part thereof upon which such
offence occurs or continues to a fine of not more than $25,000.00 for a first offence
and $50,000.00 for any subsequent conviction.
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6(4)
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In this by-law subsequent means a conviction for an offence which offence occurs
after the date of conviction for an earlier offence under this by-law or BYLA WNO
Subsections (2), (3) and (4) come into force on the date Section 11 of Bill No. 59 of
the 1987 Municipal Act Amendment Act comes into force and Subsection (1) is
thereupon repealed
Read a first and second time this 1st day of June, 1992.
~VL:£
Deputy'" Reeve
"3l~''/@h~¿
Oerk -Tr asurer
Read a third time and finally passed this 1st day of June, 1992.
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Ufúd.1
Deputy -Reeve
h¡1'A<'~~
erk - Trea r
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