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BY-LAW 51
SEWERAGE BY-LAW
Be it enacted by the Council of the Village of Petitcodiac, New Brunswick, as follows:
1. DEFINITIONS
"BUILDING" shall mean a house, trailer, mini Home, structure or property used for human occupation, storage, employment, recreation, social or religious functions , and situated within the jurisdiction of the Village of Petitcodiac
"BUILDING DRAIN" shall mean the horizontal piping, including any vertical offset that conducts sewage to the building sewer
BUILDING SEWER" shall mean a pipe that is connected to a building drain and begins outside a wall of a building and leads to the public sewer or other place of disposal approved by the Municipality And the Provincial Dept of Health
"CLERK" shall mean the clerk of the Village of Petitcodiac
"ENGINEER" shall mean the engineer or his representative, firm, company, association, corporation or group from time to time designated by the Municipality to oversee the implementation of this By-Law, and the construction and maintenance of the sewer system within the Municipality's jurisdiction.
"INSPECTOR" shall mean the Works Manager or his representative designated by the Municipality to oversee the implementation of this By-Law and the construction and maintenance of the sewerage system within the Municipality's jurisdiction
"MUNICIPALITY" shall mean the Village of Petitcodiac or a person or persons properly appointed by the Village of Petitcodiac to administer this By-Law
"WATERCOURSE' shall mean the full width and length including the bed, banks, sides and shoreline, or any part, of a river, creek, stream spring, brook, lake pond, reservoir, canal, ditch or other natural or artificial channel open to the atmosphere, the primary function which is the conveyance or containment of water whether the flow be continuous or not.
"OWNER" is the person in whose name a property is assessed under the Assessment Act
"PERSON" shall mean any individual, firm, company, association, institution, society, corporation or group
"QUALIFIED PERSON" shall mean a duly licensed plumber, person or company duly licensed by the province to install septic systems or person(s) who is under direct supervision of the village works manager or his designate.
"AUTHORIZED PERSON" shall mean a duly licensed plumber, person or company duly licensed by the province to install septic systems or person(s) who is under direct supervision of the village works manager or his designate.
"PRIVATE SEWER SYSTEM" mean any private system for sewerage disposal serving one lot of real property
"PUBLIC SEWER SYSTEM" shall mean a sewer controlled by the Municipality
"SANITARY SEWER" shall mean a sewer which carries sewage and into which admission of storm, surface, and ground waters is specifically prohibited
"SEWAGE" shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments
"SEWER" shall mean a pipe or conduit for carrying the domestic wastewater, industrial wastewater, surface runoff, commercial waste water or excess ground water either together or separately
SEWER SYSTEM" shall mean collectively all the property involved in the operation of the sewer utility and shall include land, piping and appurtenances, pumping stations, treatment works and general property
"STORM SEWER" shall mean a pipe or conduit for carrying storm water, surface water, commercial and institutional waste and excess ground water but excludes domestic waste water and industrial wastes
"SUSPENDED SOLIDS (SS)" shall mean solids that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by laboratory filtering
"USER UNIT" shall mean a unit as defined in the USER UNIT schedule as adopted February 29, 1996 and as may be revised from time to time by the Village of Petitcodiac.
"UNPOLLUTED DRAINAGE" shall mean drainage which does not contain micro-organisms, chemicals, wastes or wastewater in a concentration that exceeds the provincial effluent criteria in effect.
"WASTEWATER" shall mean a combination of the water carried wastes from residences, commercial establishments, institutions, and industrial establishments
2. REQUIREMENT TO CONNECT
The owner of all houses, buildings or properties used for human occupancy, employment or recreation or other purposes situated within the jurisdiction of the Municipality and abutting on any street or right of way in which there is now or hereafter located, a public sanitary sewer, is hereby required at his own expense to install suitable toilet facilities therein and to connect such facilities directly with the sanitary sewer in accordance with the provisions of this By-Law, provided that such sanitary sewer is within forty-six meters of the property line.
The municipality shall adopt a schedule setting out the time during which all property owners, within specified areas, shall be required to connect a building sewer from any dwelling or building to the public sewer and shall give the property owners at least two (2) months notice by public advertisement or in writing of such time limits.
Whenever the municipality considers it necessary, it may require any person who is the owner of land used for industrial or commercial purposes and which is connected to the sanitary wastewater system of the municipality to provide grease, oil, sand, or other interceptors in order to provide for the proper handling of liquid wastes containing grease, factory, or abattoir wastes in excessive amounts, or any inflammable wastes or other harmful ingredients.
See Section 8, prohibitions.
All interceptors shall be of a type and capacity which meets government standards and are approved by the Municipality and shall be located so as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and shall be of a substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be airtight and watertight.
The municipality may require the owner of any industrial or commercial property serviced by a sanitary sewer service connection to install a suitable control manhole in the service connection to facilitate observation, sampling, and measurement of the waste.
Plans for all new subdivisions require the approval of the Village Council and the owners of such subdivision shall enter into a sewage agreement with the municipality before any development takes place. Plans for the sewage collection system for all such subdivisions shall meet with the approval of the Village Council.
Council may authorize any person to enter upon any property in the municipality for the purpose of inspecting, observing or supervision of the installation or maintenance of any sewer system situated on such property.
3. PRIVATE SEWAGE DISPOSAL SYSTEMS
A. No private sewage disposal system shall be constructed within the municipality unless a private sewage disposal permit has been issued by the Provincial Department of Health
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B. No contents of a septic tank shall be discharged into any water course or ditch. A person may discharge, cause or permit to be discharged, the contents of a septic tank into a public sewer only after such person has obtained the written permission of the municipality and may do so only at such points and under such conditions as the municipality may specify.
C. The minimum lot size requirement for an unserviced lot is 4000.0 square meters pursuant to Subsection 6(4)c of Regulation 80-159 under the Community Planning Act.
D. The owner of a private sewage disposal system shall operate and maintain it in a sanitary manner and at no expense to the municipality
E. When a public sewer becomes available to a property served by a private sewage disposal system, the municipality may order that a service connection to the sewer system be installed, and the owner of the property shall forthwith install at the owner's expense such service connection within the time specified by the municipality in its written notice.
F. Upon completion of the service connection and approval thereof by the municipality, the owner shall cause any septic tank, cesspool, privy or private sewage disposal system on the property to be abandoned and filled with suitable material.
G. Where the owner of the property fails to remove or close up any cesspool, septic tank, privy or other private sewage disposal system on his property as required by this by-Law after notice having been given by the municipality, the municipality may cause to be done all work necessary for compliance with the notice, and the cost hereof shall be recoverable from the owner.
4. SUBDIVISIONS
After tentative approval of the proposed subdivision by the municipality, the developer, prior to the installation of any service, shall obtain the following:
Approval by the NB Department of Environment, Pollution Control Branch, of the proposed services.
Final approval by the municipality of the subdivision plan signed by a surveyor registered to practice in the Province of New Brunswick and the construction plan signed by a Professional Engineer registered to practice in the Province of New Brunswick, showing all lines and grades of the services within the subdivision. The application to the municipality shall also include a design brief similar to that required by the Pollution Control Branch of the Department of Environment.
After completion of the service installations, the developer shall apply to the municipality for completion approval of the subdivisions. The municipality may require the developer to submit copies of the results of all tests, including exfiltration and infiltration, on the sanitary sewer services. At that time, a reproducible copy of the detailed as-built plans showing all services, related appurtenances, and service connections shall be provided to the municipality by the developer.
Upon receiving completion approval from the municipality, the developer shall guarantee all work carried out within the subdivision for the next 12 months in accordance with current Sub-Division By-Law specifications.
Service easement where required shall be provided to the municipality by the developer. The minimum sewer easement is to be 6.0 metres in width. The municipality may require additional width for deep cuts or other special circumstances.
The maximum spacing between manholes in a sanitary system shall be 120 metres. The pipe between adjacent manholes is to be aligned vertically on the grade specified and horizontally so that 75% of the area of the end of the pipe at one manhole is visible when looking through the pipe from the other manhole. Curved sections of sewer pipe will be allowed only with the written approval of the municipality prior to construction.
All manholes in sanitary sewer systems are to be a minimum of 1050 mm in diameter at the base. Manholes are to consist of precast sections which meet the requirements of the latest ASTM standard C-478. Precast sections are to be joined with cement mortar or approved bituminous jointing compound. All sanitary sewer manholes are to be watertight.
All frames and covers shall meet the requirements of the latest ASTM Standard A-48 for cast iron frames and covers. Frames shall be bedded and anchored in cement mortar or concrete to required grade. The minimum combined weight of solid manhole cover and frame shall be 110 kg.
The minimum sizes for sanitary sewer mains shall be 200 mm inside diameter and for service connections shall be a minimum of 100 mm inside diameter.
Sanitary sewer mains shall be located at sufficient depth to receive flow from adjacent existing or future buildings. Where existing isolated buildings become part of the subdivision, their sewers are to be connected to the system.
The minimum slope for sanitary sewer mains shall be 0.4% for 200 mm pipe and 0.3% for any pipes larger.
Alternate materials may be used for special circumstances on the written approval of the municipality.
Where the sanitary sewer mains of the subdivision are to discharge into an existing sanitary sewer main of the municipality, connections shall be made only at such points as are approved in writing by the municipality.
If the connection to the existing sanitary sewer main does not occur at an existing manhole, the developer shall be responsible for the entire cost of this connection including a new man hole, road repairs and repairs to the existing sewer as required by the municipality.
The connection shall be inspected and approved by the municipality prior to any backfilling. If the owner of property serviced by sewer services or his agent covers in any service connection before it has been inspected and approval therefore issued, the Municipality may open same for the purpose of inspection and the cost of so doing shall be recoverable from the owner.
All service connections to individual lots shall conform to the connection requirements noted in this By-Law.
The sanitary sewer services provided by the subdivision developer shall service each lot within the subdivision, and shall convey the sanitary wastewater to the nearest convenient point of the existing municipal wastewater system. This shall include service connections from the main to the property line if the developer himself is not constructing buildings, and shall further include the service connection from the property line to the building if the developer is also constructing buildings within the subdivision.
The sanitary sewer services within the subdivision shall be installed without cost to the municipality.
The sanitary sewer system within the public right-of-way and easements as required shall become the property of the municipality upon issuance of the completion certificate.
The construction of the sanitary sewer system shall conform to the following requirements for trenching.
All trenching shall be open cut and the center line of the trench shall follow the line of the pipe
The class of the bedding shall be determined by the municipality for each subdivision.
Trench width shall be sufficient to allow proper laying of the pipe, the minimum width shall be equal to the total of the outside diameter of the pipe plus 300 mm on each side of the pipe for clearance plus allowance for shoring if required.
The sides of the trench shall be excavated in accordance with the Provincial Safety Standards and no part of the sides shall be allowed to overhang. All provincial safety requirements shall be adhered to.
Where trench location necessitates the cutting of pavement, such cuts shall be made squarely and one line parallel with the center line of the trench. The width of pavement cuts shall not be greater than that necessary for the proper excavation of the work.
The construction of the sanitary sewer system shall conform to the following requirements for sanitary sewer installation:
The installation of all sewer mains and laterals shall be according to the recommendations of the manufacturer and to the satisfaction of the municipality or its representative.
Proper implements, tools and facilities shall be provided and used for the safe and efficient execution of the work. All pipe and fittings shall be carefully lowered into the trench in such a manner as to prevent damage to them. Under no circumstances shall pipe or fittings be dropped into the trench.
All pipe and fittings shall be thoroughly inspected for defects prior to lowering into the trench. Any defective pipe or fittings shall be removed from the site and replaced with sound material.
4. Sewer laterals shall enter the mains at the locations as staked or ordered in the field. Laterals shall be placed to slope upwards from the main at a minimum grade of 1% and shall terminate 0.5 metres inside the lot lines in a suitable cap. Termination shall be marked by placing a length of 38 mm x 76mm extending 1.0 metres above finished grade at the termination point.
The Construction of the sanitary sewer system shall conform to the following requirements for backfilling:
1. Imported bedding material free from stones (sand) shall be deposited in the trench uniformly on a 150mm bed of sand and on both sides of the pipe. The material shall be densely compacted to provide support free from voids. Sand shall be deposited and compacted to a depth of 300 mm over the top of the pipe
2. Succeeding layers of backfill material shall consist of the excavated material that would prevent consolidation or that might cause subsequent settlement. This latter backfill material shall be placed in layers not exceeding 300 mm and shall be suitably compacted with a vibrating compactor.
3. Where the excavated material is unsatisfactory for use as backfill, this material shall be disposed of and backfilled with approved granular material.
4. Where the backfilling operations are being carried out under existing asphalt surfaces or under any area where gravel backfill now exists, the trench shall be backfilled with well graded pit run gravel. (NO CLAY) and compacted.
All sanitary sewers shall have leakage tests conducted in accordance with the following regulations:
All tests will be exfiltration unless otherwise directed by the municipality and will be carried out on not less than 100% of each size of pipe. Testing will be carried out after backfilling on sections of pipelines between adjacent manholes. All relevant open ends are to be blocked off with watertight plugs and caps
A preliminary test shall be made within the first one hundred (100) metres of each type and size of pipe laid and backfilled. This test will be for the purpose of checking the acceptability of the type of pipe and joints being used and the completeness and workmanship during installation. Successful testing of this first section will be prerequisite to further installation.
Tests for exfiltration will be carried out in the following manner:
the contractor shall check that all relevant open ends are blocked off with air tight plugs and caps and
all elbows, bends etc, are adequately blocked to safely withstand the pressure developed under the test
An approved air tight plug shall be placed in the inlet and outlet of the downstream and upstream manholes respectively. In both cases the plug shall be securely blocked to prevent movement.
The test section is pressurized to 28 kPa (4 psig) using an approved air blower or similar pressure regulated apparatus. The fill valve is closed and the injected air is permitted to stabilize for a period of not less than two minutes. Following this waiting period, the pressure is increased or decreased to 24 kPa (3.5 psig) and the time is measured for the pressure drop to 17kPa (2.5psig).
Test gauges shall be in 5 kPa (0.5psig) maximum increments and have been recently calibrated.
Should the test disclose that the leakage is greater than the amount permissible, the contractor shall, at his own expense, locate and repair the defective pipe, joint, joints or structures satisfactorily. Tests shall be carried out, at the contractor's expense, to determine the success or otherwise of remedial measures applied to pipe work or structures. These tests shall be repeated, at the contractor's expense, until the results show that the remedial measures have been successful.
On successful completion of the leakage test, a certificate will be issued and signed stating that the pipe tested is satisfactory. The certificate or a copy of it will be given to the municipality for filing purposes.
The municipality is to be notified not less than 48 hours prior to a leakage test being carried out so it may have a representative present during the test.
SEWER CONNECTIONS
Any person wishing or required to connect a building sewer from any dwelling or building to the existing public sewer shall submit to the municipality an "Application For Building Sewer" in the form set forth in Schedule "A" annexed to this By-Law. Such application shall be accompanied by a payment of $ 400.00 plus taxes which will be the required non-refundable fee for a new connection to the existing sewer system.
No person shall uncover, make any connection with, or openings into, use, alter, or disturb any public sewer without having obtained written permission from the municipality.
Any permit issued under this By-Law may be suspended or revoked by the municipality, if in the opinion of the municipality the sewage facility approved by such permit has not been installed or maintained in compliance with the provisions of this By-Law or the conditions upon which such permit was issued.
All costs and expenses incident to the installation of the building sewer to the property line shall be borne by the property owner. Streets, sidewalks parkways or any other public property disturbed in the course of this work shall be restored by the municipality at the expense of the municipality. Extension of the building sewer from the property line to the public sewer and connection thereto shall be made by an authorized person.
The size, shape, alignment, materials of construction of a building sewer and methods to be used in excavation, placing of the pipe, jointing, testing, backfilling and site repairs shall be subject to the supervision and approval of a person authorized by the municipality. No building sewer shall be covered until it is inspected and approved by an authorized person. The property owner or his agent shall notify the municipality when the building sewer is ready for inspection and connection to the public sewer. If the person installing a building sewer or his agents covers over any building sewer before it has been inspected and the inspector's report completed, the municipality may excavate the building sewer for the purpose of inspection and the cost of so doing shall be recoverable from the owner of the building sewer.
Where an owner connects a building sewer to the public sewer and provides an opening of the building sewer that will be below the level of the street above the public sewer, such owner will install a backwater valve. Any person who fails to install such a backwater valve within the time allotted by the municipality for installation of such a valve shall be guilty of an offence.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewerage carried by such building drain shall be lifted by an approved means and discharged into the building sewer. Costs of such lift pumps where necessary are to be the responsibility of the homeowner and will become the property of the home owner who will be responsible for maintenance, repairs and operating costs.
EXISTING SEWER LINES
A Existing building sewers which are found on examination and test by the municipality or its agent to be of acceptable standard and conform to this By-Law may be incorporated into the system administered by the Municipality. If existing building sewer lines are found not to be of acceptable standard, they shall be replaced in accordance with the provisions of this By-Law.
B Upon completion of the building sewer connection and approved thereof, the owner of a property formerly served by septic tank, cesspool, privy, or private sewage disposal system on the property shall cause such septic tank, cesspool, privy or private sewage disposal system to be abandoned and filled with suitable material.
Not more than one building shall be serviced from each building sewer unless a special permit is obtained from the municipality.
The Village of Petitcodiac's personnel, engineer or any other person
authorized by the village shall have the right to enter upon any property
in the area serviced by the village sanitary sewer system for the purpose
of inspecting, observing or supervising the installation, operation or maintenance of any sewage facility situated on such property.
7 BLOCKAGES
Any blockage within the main line of the sewerage system shall be the responsibility of the municipality.
Any blockage within a lateral from a residence to the property line shall be the responsibility of the property owner and they must make every attempt to hire a private contractor to repair and clear the blockage.
Where the municipality is called by the owner to clear or repair a service connection and the blockage or damage is found to occur on that portion of the service connection between the building and the property line, then the municipality shall charge the owner for all costs incurred in locating the blockage and repairing and/or clearing the service connection.
Where a property owner has contracted a plumber or a contractor to clear or repair a lateral line and it is proven that the blockage was not caused by the property owner, the municipality may, subject to council approval, reimburse the property owner for all or a portion of the costs, not to include damages.
If the blockage hereof on examination by the authorized person is deemed to be caused by a negative grade or ruptured pipe between the points of the property line and the main line of the system, the cost of the repairs will be the responsibility of the municipality.
8. PROHIBITIONS
No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof run-off or sub-surface drainage to any sanitary sewer.
No person shall drain or deposit anything in any public sewer main, or in any pipe leading thereto, which could impair or obstruct any such sewer including but not limited to the following:
Matter having a temperature in excess of 65 degrees Celsius
Matter which may contain any fat, oil or grease of more than 100 parts per million by weight (ppm) of animal or vegetable origin or 15 parts per million by weight (ppm) of petroleum origin or lubricants of synthetic origin
Gasoline, benzene, naphtha, fuel oil, acetone, solvents or other inflammables or explosive matter, in excess of 15 parts per million (ppm) by weight
Ashes, cinders, garbage, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, cellulose, sanitary pads, disposable diapers, whole or sliced fruit or vegetables or any other solids of a type or quantity capable of causing an obstruction to the flow in sewers or other interference with the proper operating of the sewage system
Matter containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment processes or which constitutes a hazard to humans or animals. The municipality may, from time to time, set limits on other toxic or poisonous substances, which may be allowed to discharge to the sewage system
9. RATES
A. The cost of operating and maintaining the sewer system including debt servicing costs, if applicable, shall be raised by a user charge for each unit as set out in the User Unit Table. Such user charges to be established by resolution of council from time to time and levied yearly or as set by the municipality and pro rated if the owner is connected to the sewer system during the calendar year.
B. The amount due is payable by the owner of the property to the municipality and shall be paid by the end of the 60 days following the date the bill is mailed to the owner and shall be payable whether or not the bill is received by the owner. If an account is not paid in full by the end of the 60 day period, the amount owing to the municipality shall bear interest at a rate set by the municipality from time to time by resolution of Council. Any exceptions to this rule will be made on a case by case basis by Motion of Council.
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C. The municipality shall mail invoices for sewage charges yearly and statements, where necessary, shall show the amount of the account still unpaid with interest to the end of the statement period.
D. Failure to deliver such notice shall in no way affect the liability of any person to pay the user service charge.
E. After one year, notice in writing will be given to the owner who is in arrears, which notice may be given by registered mail, addressed to the owner at the last address of record, postage prepaid, and without prejudice, the municipality may:
disconnect the user service provided to such owner and may discontinue such service until such time as the account including arrears and the entire cost of disconnecting and re-connection of the service and including all legal and administrative costs has been paid in full by the owner,
II proceed in any court of competent jurisdiction to enforce the special lien or charge created by the Municipalities Act on land to or with respect to which sewage services are supplied,
III sue in the name of the municipality by an action for debt,
10. INDEMNITY
No person shall have any cause of action against the Municipality, or its servants or agents for any claims for damages of whatsoever nature or kind, which may be caused at any time to any person or property arising from the construction, maintenance or operation of the sanitary sewer system, except damage caused by the deliberate act or misfeasance of the Municipality servants or agents.
11. ENFORCEMENT
A person who violates any provision of this By-Law or who suffers or permits any act or thing to be done in contravention or violation of any provision thereof, or neglects or fails to do any act or thing herein required, is liable on summary conviction, to a fine of not less than $100.00 and not more than $500.00 or in default of payment to imprisonment for a term not exceeding thirty (30) days, or to both.
The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his part to comply with the provisions of this By-Law.
12. REPEAL
By-Law # 4 and any amendments thereto are hereby repealed.
By-Law #5 and any amendments thereto are hereby repealed.
By-Law # 18 and any amendments thereto are hereby repealed.
By-Law # 19 and any amendments thereto are hereby repealed.
By-Law # 22 and any amendments thereto are hereby repealed.
By-Law # 25 and any amendments thereto are hereby repealed.
READ A FIRST TIME this 26th_ day of _February___________ 2008 _,
READ A SECOND TIME this _____ day of ___________________ 20____,
READ A THIRD TIME AND ENACTED this ____ day of ___________, 20____.
_________________________________________
MAYOR Peter Saunders
_________________________________________
CLERK, Janice Conley
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By-Law 51 Sewer By-Law
Village of Petitcodiac