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HomeMy WebLinkAboutTIV 91 023 public & private swe CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NO. 1991-23 A by-law regulating the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system; and providing penalties for violations thereof; WHEREAS the Corporation of the Village of Tiverton (the "Municipality") proposes to provide sewage service to the Municipality by means of sewage wor~s to be constructed or acquired and operated by the Ministry of Environment. . AND WHEREAS subsection 44(2) of the Ontario Water Resources Act, being Chapter 361 of the Revised Statutes of Ontario, 1980, as amended, provides (inter-alia) that, subject to the approval of the Lieutenant Governor in Council the Minister of Housing may make regulations regulating and controlling the construction, repair, renewal or alteration of plumbing, the material to be used in the construction of, and the location of drains, pipes, traps and other works and appliances that form part of or are connected with the plumbing in any building or structure, and may require Municipalities to carry out such inspections with respec to plumbing as may be prescribed; AND WHEREAS Ontario Regulation No. 815/84 (the "Plumbing Code") made pursuant to the said subsection 44(2) requires every Municipality to carry out such inspections as are prescribed by that Regulation; AND WHEREAS Section 46 of the said Act provides (inter-alia) and where a Municipality undertakes, under the regulations made under Section 44 to inspect plumbing, the Municipality may pass by-laws for charging fees for the inspections of plumbing and fixing the amount of such fees for requiring the production of plan for charging fees for the inspection and approval of plans and fixing the amount of such fees, and for the issuing of permits, all as more particularly set out in the sais Section 46; AND WHEREAS paragraph 77 of Section 210 of the Municipal Act being Chapter 302, Revised Statutes of Ontario, 1980, as amended, provides that by-laws may be passed by the Councils of local Municipalities for making any other regulations for sewage or drainage that may be deemed necessary for sanitary purposes; AND WHEREAS paragraph 81 of the said Section 210 provides that by-laws may be passed by the Councils of local Municipalities for charging a fee for the inspection of plumbing, sewers, septic tanks, cesspools, water closets, earth closets, privies and privy vaults where, under this or any other Act, approval or a certificate of compliance or such inspection is required; AND WHEREAS the Council of the Municipality deems it expedient and desirable to enact a by-law to regulate disposal of sewage and other waste within the said Municipality; DEFINITIONS: 1. In this by-law (a) BUILDING SEWER, means that part of the drainage piping outside a building or other structure, that connects a building drain to the main sewer and that commences at a point three feet from the outer face of the wall of the building or other structure and terminates at the property line. I (b) CLERK means the Clerk of the Municipality. (c) INSPECTOR means the Inspector of plumbing and sewage works of the Municipality as appointed by Council of the Municipality from time to time. (d) MINISTRY means the Ministry of the Environment. (e) OPERATOR means the Operator of the Municipal Sewage Works. (f) PERSON means and includes any individual firm, company, association, partnership, society, incorporated company, or group, and wherever the singular is used herein it shall also be construed as including the plura (g) PUBLIC SEWER means that section of the sewer considered to be the main sewer and which is owned and controlled by the Municipality. (h) SANITARY SEWER means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. (i) SEWAGE does not include storm, surface and ground water. (j) SEWAGE WORKS means all facilities for collecting, pumping, treating and disposing of sewage. (k) SEWER means a pipe or conduit for carrying sewage. (1) SEWER SERVICE CONNECTION means the publicly owned sewer from the building sewer to the public sewer or other place of disposal. 2. JURISDICTION (a) The person or persons appointed by Council of the Municipality shall inspect the installation of all building sewers from the building to the property line, and the connection of the building sewer to the sewer service connection, and further, shall not permit any illegal connections to be made to the public sewer as set out in this by-law. . (b) After construction and installation of the building sewer from the building and the sewer service connection to the public sewer, the owner shall be responsible for the satisfactory operation, cleaning, repairing, replace- ment and maintenance of the connection from the property line to the building. (c) The provisions of this by-law with respect to construction of sewer service connections from public sewer to property line shall not apply for one year after the date of substantial completion of the works as established by the Certificate of Substantial Performance where the connections from the public sewer to the property line are made at the time the public sewers are constructed and installed on the road allowance~ (d) The rules and regulations set out in this by-law govern and regulate the operation of any system of sewage works owned by the Municipality and shall be considered to form a part of the agreement between the Municipality and the owner or occupant of any building in the Municipality for provisions of sewage service to such building and every such owner or occupant of any building in the Municipality for provision of sewage service to such building and every such owner or occupant by applying for and receiving sewage service from the Municipality shll be deemed to have expressed his consent to be bound by the said rules and regulations. 3. APPLICATIONS FOR PERMITS No personal shall make any connection into the Municipality's sewer service connection or the public sewer without first having obtained a permit from the Clerk and such permit shall be called "Sewer Service Connection Permit", as follows: (a) Application shall be made in writing, to the Clerk on the form prescribed in quadruplicate, which application shall contain the name of the owner of the lot, the present state of construction (if a new building), a plan in duplicate of the lot showing the point at the street line at which the connection to be made, the date for the proposed work to be done, the type of waste to be disposed from the sewer and the name of the contractor undertaking the work. (b) Upon receipt of a properly completed application from the owner, or his authorized representative, the Clerk shall issue a permit for the connection to be made by delivering a copy of the application and of the permit to the Inspector and the Operator of the Sewage Works and the applicant. I (c) Before issuing the permit under clause (b) the Clerk may refer the design, location and other specifications to the Inspector for his review and approval. (d) Unless a different period is provided for on the permit, every permit shall expire 3 months after it is issued. 4. PERMIT FEES The following fees are to be paid for a Sewer Service Connection Permit at the time the permit is issued. (a) The fee to be paid to the Municipality shall be Forty Dollars ($40.00 and shall accompany the application for the provision of sewage service to each premise as a fee for inspection of the newly-installed building sewer and connection to the sewer service connection. 5. BUILDING SEWERS AND CONNECTIONS No connection shall be made directly or indirectly to the public sewer, except as follows: (a) Each dwelling must have a separate building sewer, except with the written approval of the Inspector of Sewage Works where one building stands at the rear of another or on an interior lot and no private sewer or building sewer is available nor can be constructed to the rear building through an adjoining alley, courtyard or driveway in which case the building sewer from the front building may be extended to the rear building. . (b) An inspection tee shall be installed in the building sewer at the street line. (c) All connections from the public sewer or the sewer service connection to the building shall be of a 4-inch (100 mm) minimum diameter and made of pipe certified under the Plumbing Code for use as sewage pipe. (d) All connections to be approved by the Inspector as water-tight. (e) No connection shall be made to a Municipal public sewer or sewer service connection until a permit has been issued for a sewer service connection in accordance with this by-law and no said connection shall be completed except after the approval of the Inspector. (f) i) All labour and material necessary for the connection of a sewer service connection, from the main sewer to the property line, shall be supplied and paid for by the owner of the structure which is to be provided with sewage service where no such sewer service connection exists. All labour and materials necessary for the said connection, from the main sewer to the property line, shall be paid for in advance of the installation by a lump sum charge as set out by the Municipality is requested by the property owner to provide the necessary work and material for said connection. Upon payment, the property owner shall be entitled to such installation by the Inspector or a person designated by him, subject to the Municipality's approval. ii) All labour and material necessary for the connection of the building sewer from the property line internally, shall be supplied and paid for by the owner, and the owner shall indemnify the Municipality for any loss or damage that may occur in the said construction to any third person or to the Municipality's street, public sewer, watermain, storm sewer or other utilities or property. iii) The owner of any building may request the Municipality to install the necessary building sewer at the time the sewer service connection for the same building is being installed, and the Inspector may, if he deems it expedient, install such building sewer upon the owner prepaying to the Municipality the estimated cost of installation of such building sewer. iv) I In the event the actual cost of the installation of such building sewer exceeds the amount prepaid to the Municipality, the person applying for such installation shall forthwith, after the completion of such installation, pay to the Municipality the balance of such cost. v) Nothing in this section shall relieve the owner from the obligation of maintaining such building sewer in accordance with the provisions of this by-law. vi) (g) A clean-out shall be installed in the building drain as near as practical to the inner face of the wall through which the drain passes or other approved clean-out shall be provided. Every clean-out shall comply with the Plumbing Code. A connection shall be made to the public sewer system in compliance with this by-law, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be cleaned and filled, removed or destroyed within a period of ten (10) days after the connection has been made to the public sewer system. h) No person shall cause or permit the discharge of any storm water including surface water, groundwater, rain runoff, foundation drain or other-subsurface drainage including any unpolluted cooling water or unpolluted industrial process water into the Sewage Works of the Municipality. i) The Building sewer from the building to the Municipality's sewer service connection shall be connected to the building at an elevation below the foundation footings where existing grade will permit. No building sewer shall be laid parallel to any bearing wall within three (3) feet of any bearing wall. The building sewer shall be laid at sufficient depth to afford protection from frost and at uniform grade and in straight alignment, wherever possible. . j) All excavations required for the installation of a building sewer shall be by open trench unless otherwise approved by the Inspector All pipes shall be installed according to the Plumbing Code and no back-fill shall be placed until the work has been inspected to ensure compliance. All connections and joints shall be gas-tight and water- tight and all joints shall be made with approved joining meterials. k) All connections of the sewer service connections into the public sewer shall be made at a "Y" branch, if such branch is available at a suitable location. If the public sewer is twelve inches in diameter or less, and no properly located "Y" branch is available an approved fitting shall be installed in the public sewer at the location specified by the Superintendent or Inspector. Where the Public sewer is greater than twelve inches in diameter, and no properly located "Y" branch is available, a neat hole shall be cut into the public sewer to receive the sewer service connection, with entry in the downstream direction at an angle of about forty-five degree fitting shall be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the sewer service connection at the point of connection shall be at springline or at a higher elevation. A smooth neat joint shall be made, and the connection made secure and water- tight. Special fittings approved by the Inspector shall be used for the connection. 1) The applicant for the sewer service connection permit shall give at least 48 hours notice to the Inspector when the building sewer is ready for inspection and connection to the sewer service connection. The connection shall be made under the supervision of the Inspector or his representative. m) All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Municipality. n) Only 45 degree elbows or bends shall be used in the building sewer where an elbow is required and in no event shall a 90 degree angle be permitted. , 6. GENERAL (a) No person shall maliciously, wilfully or negligently break, damage destroy, deface or tamper with any structure, appurtenance or equipment which is a part of the Municipality1s sewage system. (b) The Inspector and other duly authorized employees of the Municipality or the Ministry bearing the proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this by-law. 7. PENALTIES (a) Any person found guilty of an offence under the prOV1S10ns of this by-law shall be subject to a penalty of an amount not exceeding two thousand dollars ($2,000.00) for each offence, exclusive of costs which penalty shall be recoverable under the provisions of the Provincial Offences Act. (b) If any building sewer or any connection to a sewer_service ¡ . , connection or public sewer is made by an owner or his authorized representative, contrary to the provisions of this by-law, the owner shall repair such defective work or material within ten (10) days after receipt of a notice from the Engineer, Inspector or Municipality requiring him to do so and, if the owner fails to repair such work, the Municipality may repair the work, including the right to enter upon the lands, and the cost of such repairs shall be added to the tax roll for the property and collected in the same manner as other Municipal taxes. 8. ENACTMENT This by-law shall be in full force and effect on the day of third reading and final passing thereof. READ A FIRST AND SECOND TIME on the A.D., 1991. 11th day of June READ A THIRD TIME AND FINALLY PASSED on the A.D., 1991. 11th day of June ~ Reeve -- " -- " /' ~~yf~