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HomeMy WebLinkAboutTWP 92 022 Inverhuron Sewage · · · t - .. . . . 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; · · · e > . . 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; - , (y) · (z) (aa) (bb) (cc) (dd) (ee) · (ff) (gg) (hh) (ü) (jj) · (kk) (ll) . . "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; - · · · ~ . ," . . (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; . . · (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; · (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; · (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 - 10 milli~amsllitre Fluorides expressed as F ~ · · · , - r) s) . . 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 . ~ · · · . . " (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. . - · · · L . . . 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. ~~ ~ ~,. . 6(4) ~ 6(5) . . 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. · Ufúd.1 Deputy -Reeve h¡1'A<'~~ erk - Trea r · ·