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MUNICIPALITY OF THE COUNTY OF KINGS
For By-Law information contact the Municipal Clerk
Tel: (902) 678-6141 Fax: (902) 678-9279 E-mail: municipalclerk@countyofkings.ca
BY-LAW # 91
SEWER DISCHARGE BY-LAW
A BY-LAW RESPECTING THE REGULATION OF
DISCHARGING TO THE SEWERS OF THE
MUNICIPALITY OF THE COUNTY OF KINGS
SHORT TITLE
1.1
This By-law may be cited as the "Sewer Discharge By-law".
DEFINITIONS
2.1
In this By-law, unless the context otherwise requires:
(a)
"Biochemical Oxygen Demand" or "BOD" means the quantity of
oxygen utilized, expressed in milligrams per litre, in the biochemical
oxidation of matter within a one hundred and twenty hour period at a
temperature of twenty degrees Celsius as determined in procedures set
fort in "Standard Methods;
(b)
"Chemical Oxygen Demand" or "COD" means the quantity of oxygen
utilized in the chemical oxidation of organic matter under standard
laboratory procedure, expressed in milligrams per litre, according to
"Standard Methods";
(c)
"Clerk" means the clerk of the Municipality and includes a person acting
under the supervision and direction of the clerk;
(d)
"Colour of Liquid" means the appearance of a liquid from which the
suspended solids have been removed;
(e)
"Cooling Water" means water that is used in a process for the purpose
of removing heat and that has not, by design, come into contact with any
raw material, intermediate product, waste product or finished product;
(f)
"Council" means the Council of the Municipality;
(g)
"Council Advisory Committee" means the committee of Council
designated as such;
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
2
(h)
"Domestic Waste" means waste typically derived from dwellings, which
complies with the discharge requirements of this By-law without treatment
prior to discharge into wastewater facilities;
(i)
"Effluent" means treated wastewater flowing out of a treatment plant;
(j)
"Engineer" means the engineer for the Municipality and includes a
person acting under the supervision and direction of the engineer;
(k)
"Grab Sample" means a volume of wastewater, uncontaminated water
or effluent which is collected from the wastewater stream over a period
not exceeding ten (10 minutes.
(l)
"Grease" means total oil and grease extracted from aqueous solution or
suspension according to the laboratory procedures set forth in "Standard
Methods", and includes, but is not limited to hydrocarbons, esters, oils,
fats, waxes and high molecular fatty acids;
(m)
"Hauled Wastewater" means domestic waste removed from a cesspool,
septic tank system, a privy vault or privy pit, a chemical toilet, a portable
toilet, or a holding tank, which is transported to and deposited into
wastewater facilities;
(n)
"Hauled Waste" means any industrial waste which is transported to and
deposited into wastewater facilities, excluding hauled wastewater;
(o)
"Industrial Waste" includes waste typically derived from manufacturing,
commerce, trade, business or institutions, and includes all waste which is
not domestic waste;
(p)
"Institution" means a facility, usually owned by a government, operated
for public purposes such as a school, university, medical facility, museum,
prison, government office, or military base;
(q)
"Maintenance Access Point" means an access point, such as a
chamber, in a private sewer connection to allow for observation, sampling
and flow measurement of the wastewater, uncontaminated water or storm
water therein;
(r)
"Matter" includes any solid, liquid, or gas;
(s)
"Pathologic Waste" means waste generated in a hospital or similar
institution which contains human or animal tissue altered or affected by
disease, and instruments or other materials which may have come in
contact with diseased tissue;
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
3
(t)
"Person" includes a corporation and the heirs, executors, administrators
or other legal representatives of a person, but specifically excludes the
Municipality;
(u)
"pH" means the measure of the intensity of the acid or alkaline condition
of a solution determined by the hydrogen ion concentration of the solution
in accordance with the "Standard Methods";
(v)
"Phenolic Compounds" means hydroxyl derivatives of benzene and its
condensed nuclei, concentrations of which shall be determined by
"Standard Methods";
(w)
"Professional Engineer" means a registered member in good standing
of the Association of Professional Engineers of Nova Scotia;
(x)
"Provincial Regulations" means the requirements and provisions of the
Province of Nova Scotia contained in ay Provincial Statute or in any
Regulation or order made pursuant to the authority of any Statute of Nova
Scotia;
(y)
"Spill" means the deposit or discharge of matter into wastewater facilities
or a storm sewer in a quality or quantity that is not in compliance with this
By-law;
(z)
"Standard Methods for the Examination of Water and Wastewater"
(herein referred to as "Standard Methods") means the analytical and
examination procedures provided in the edition of the publication of the
same name current at the time of testing, published jointly by the
American Public Health Association and the American Water Works
Association;
(aa)
"Suspended Solids" means insoluble matter than can be removed by
filtration through a standard glass fibre filter as provided by "Standard
Methods";
(bb)
"TKN" means total kjeldahl nitrogen;
(cc)
"Municipality" means the Municipality of the County of Kings, a body
corporate pursuant to the Municipal Government Act, or the area
contained within the boundaries of such body corporate as the context
requires;
(dd)
"True Colour Units" means the measure of the colour of the water from
which turbidity has been removed;
(ee)
"Uncontaminated Water" means any water, including water from a
public or private water works, to which no matter has been added as a
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
4
consequence of its use, or to modify its use, by any person, and may
include cooling water;
(ff)
"Waste" means any material discharged into wastewater facilities;
(gg)
"Wastewater" means any liquid waste containing animal, vegetable,
mineral or chemical matter in solution or suspension carried from any
premises.
USE OF SEWERS
Discharges to Wastewater Facilities and/or Stormwater System
3.1
No person shall permit the discharge into wastewater facilities or a stormwater
system controlled by the Municipality, or into wastewater facilities or a
stormwater system or building service connection connecting with the
wastewater facilities or stormwater system controlled by the Municipality, of:
(a)
Hydrogen sulphide, mercaptans, carbon disulphide, other reduced sulphur
compounds, amines and ammonia;
(b)
Ashes, cinders, sand, potters clay, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood or other solid or viscous substances
capable of causing obstruction to the flow of sewers or other interference
with the proper operation of wastewater facilities;
(c)
Wastewater which consists of two or more separate liquid layers;
(d)
Hauled waste or hauled wastewater;
(e)
Paunch manure or intestinal contents from horses, cattle, sheep or swine,
hog bristles, pig hooves or toenails, animal intestines or stomach casings,
bones, hides or parts thereof, manure of any kind, poultry entrails, heads,
feet or feathers, eggshells, fleshing and hair resulting from tanning
operations;
(f)
Animal fat or flesh in particles larger than will pas through a quarter inch
screen;
(g)
Gasoline, benzene, naphtha, or fuel oil, or wastewater containing any of
these in any quantity;
(h)
Wastewater or uncontaminated water having a temperature in excess of
sixty (60) degrees Celsius;
(i)
Wastewater having a pH less than 5.5 or greater than 9.5;
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
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(j)
Sewage containing dyes or colouring materials which pass through
wastewater facilities and discolor the effluent from such facilities;
(k)
Wastewater containing any of the following in excess of the indicated
concentration:
Aluminum (A1)
50 Milligrams/Litre
Antimony (Sb)
5 Milligrams/Litre
Arsenic (As)
0.1 Milligram/Litre
Barium (Ba)
5 Milligrams/Litre
Beryllium (Be)
5 Milligrams/Litre
Bismuth (Bi)
5 Milligrams/Litre
Cadmium (Cd)
0.1 Milligram/Litre
Chlorides (C1)
1500 Milligrams/Litre
Chloroform
0.01 Milligrams/Litre
Chromium (Cr)
0.37 Milligrams/Litre
Cobalt (Co)
5 Milligrams/Litre
Copper (Cu)
1 Milligram/Litre
Cyanide (HCN)
1 Milligram/Litre
Dichlorobenzene
0.09 Milligrams/Litre
Ethylbenzene
0.057 Milligrams/Litre
Fluroides (F)
10 Milligrams/Litre
Hexachlorobenzene
0.055 Milligrams/Litre
Iron (Fe)
50 Milligrams/Litre
Lead (Pb)
0.1 Milligrams/Litre
Manganese (Mn)
5 Milligrams/Litre
Mercury (Hg)
0.1 Milligrams/Litre
Methylene Cloride
0.0981 Milligrams/Litre
Molybdenum (Mo)
5 Milligrams/Litre
Nickel (Ni)
0.55 Milligrams/Litre
Phenolic Compounds
1 Milligram/Litre
Phosphorus (P)
12 Milligrams/Litre
Sulphates (SO4)
1500 Milligrams/Litre
Sulphide (H2S)
0.3 Milligrams/Litre
Selenium (Se)
0.82 Milligrams/Litre
Silver (Ag)
0.29 Milligrams/Litre
Tetrachloroethane
0.04 Milligrams/Litre
Tetracholoethylene
0.05 Milligrams/Litre
Tin (Sn)
5 Milligrams/Litre
Toluene
0.08 Milligrams/Litre
Trichloroethylene
0.054 Milligrams/Litre
Zinc (Zn)
0.03 Milligrams/Litre
(l)
Wastewater of which the BOD exceeds two hundred (200) milligrams per
litre;
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
6
(m)
Wastewater containing more than two hundred (200) milligrams per litre of
suspended solids;
(n)
Wastewater of which the COD exceeds one thousand (1000) milligrams
per litre;
(o)
Wastewater containing more than fifty (50) milligrams per litre of animal
fat, grease, or vegetable oil, in liquid or solid form, and, in the case of
mineral oils, in concentrations exceeding fifteen (15) milligrams per litre;
(p)
Wastewater containing more than sixty (60) milligrams per litre of TKN.
3.2
Compliance with any limit is not attainable simply by dilution.
3.3
Where there is a storm sewer or other method or means of carrying stormwater
situate in the portion of the street on which the property immediately abuts, no
person shall discharge, or permit the discharge of, stormwater from the property
into wastewater facilities. Despite the foregoing, no person shall discharge, or
permit the discharge of, stormwater into wastewater facilities if the stormwater, or
some portion of the stormwater, was collected from a roof.
Discharge to Storm Sewers
3.4
No person shall discharge, release, place, or cause to be placed, any substance
other than stormwater, uncontaminated water, or cooling water into a storm
sewer.
3.5
Notwithstanding subsection 3.4, no person shall discharge, or permit the
discharge of, uncontaminated water or cooling water that is greater than sixty
(60) degrees Celsius into a storm sewer.
SAMPLING AND ANALYSIS
4.1
Where sampling is done by the Municipality for the purposes of determining the
characteristics or contents of the wastewater, uncontaminated water, or
stormwater, to which reference is made in this By-law, which is suspected not to
be in compliance with this By-law:
(a)
one composite sample alone is sufficient and, without limiting the
generality of the foregoing, the sample may be comprised of three (3) grab
samples taken over a maximum ten (10) minute period, 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
wastewater,
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
7
uncontaminated water and stormwater, shall be carried out in accordance
with Standard Methods; and
(c)
for each of the metals whose concentration is limited in this By-law the
analysis shall be for the quantity of total metal, which includes all metal
both dissolved and particulate.
4.2
All costs associated with the sampling and analyzing required to determine the
characteristics and contents of wastewater, uncontaminated water or stormwater
referred to in this By-law shall be paid by the owner or operator of the premises
from which the water was discharged.
SPILLS
5.1
It is a condition of a connection permit for wastewater facilities or a storm sewer
that every person who has a spill shall forthwith notify the Engineer immediately.
5.2
For any spill for which the person is required to forthwith notify the Engineer, the
notification shall include the following information:
(a)
name of the person who has the spill and the address of the location of
the 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.
5.3
Within five days following a spill, the person responsible for the spill shall submit
to the Engineer a detailed written report describing the cause of the spill and the
actions taken, or to be taken, to prevent a recurrence.
5.4
For any spill, the person responsible for the spill, their employer, if the spill
occurred while carrying out duties on behalf of the employer, and the owner of all
property upon which the spill occurred, shall be jointly and severally liable for all
costs incurred by the Municipality as a result of the spill, which shall include the
costs set out in Schedule "A" attached to and forming part of this By-law.
REPORTS
6.1
It is a condition of a connection permit for wastewater facilities that the owner of a
property discharging industrial waste into wastewater facilities shall file a Waste
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
8
Survey Report with the Engineer annually. This applies to approvals granted
both prior to as well as after the effective date of this By-law.
6.2
The Waste Survey Report shall contain the following information and shall be
signed by an authorized representative of the owner or operator of the premises:
(a)
name and address of the premises, and names of its owner and operator;
(b)
description of process operations, including expected maximum waste
discharge rates, total monthly flows and contaminant concentrations,
hours of operation and plans and reports certified by a professional
engineer indicating proposed expansion, addition, new construction, or
proposed pre-treatment works; and
(c)
a schematic process diagram indicating waste discharge points and waste
descriptions.
6.3
The Waste Survey Report shall be in the form specified by the Engineer.
6.4
It is a condition of a connection permit for wastewater facilities that owners
discharging, or permitting the discharge of, industrial waste into wastewater
facilities provide reports of the content of that industrial waste and total monthly
wastewater flow rates, in a form approved by the Engineer, as required by the
Engineer on a basis or at such other intervals as the Engineer determines.
6.5
All samples used for reporting the content of industrial waste according to
subsection 7.5 must be composite samples and all tests, measurements,
analyses and examinations of wastewater, its characteristics or contents shall be
carried out in accordance with "Standard Methods".
6.6
All costs associated with the production of the reports in subsection 6.4 shall be
borne by the owner of the property discharging the industrial waste.
MAINTENANCE ACCESS POINTS
7.1 Every owner of premises connected to wastewater facilities, which premises
produce industrial waste containing TKN, or grease, and that uses an average of
over 36,400 litres of water per day in any twelve (12) month period, must install
and maintain a suitable maintenance access point to allow observation,
sampling, and flow measurement of the wastewater, uncontaminated water or
stormwater therein, provided that were installation of a maintenance access point
is not possible, an alternative device or facility may be substituted with written
approval of the Engineer.
7.2 All commercial food establishments shall gave grease and oil separators
installed and maintained on a schedule so as not to allow fat, grease or oil to
enter the sewage collection system. The owner of said establishments shall
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
9
allow the engineer or designate to inspect separators as required for confirmation
of operation and maintenance.
7.3
The maintenance access point, or alternative device, shall be located on the
property of the owner or operator of the premises, unless it is not physically
possible and the Engineer has given written approval for a different location.
7.4
Every maintenance access point, device, or facility, shall be designed and
constructed in accordance with good engineering practice and the requirements
of the Engineer, and shall be constructed and maintained by the owner and
operator of the premises at their expense. If the maintenance access point,
device or facility is not installed as required, the Engineer may cause it to be
installed at the expense of the owner and operator of the premises.
7.5
Where a maintenance access point, device, or facility, is required, the owner
shall ensure that every maintenance access point, device, or facility, installed is
at all times accessible for purposes of observing and sampling the wastewater,
uncontaminated water and stormwater therein, and measuring the flow of
wastewater, uncontaminated water and stormwater therein.
DISCONNECTION
8.1
It is a condition of any connection permit that failure to comply with this By-law or
Part XIV of the Municipal Government Act may result in revocation of approval by
the Engineer upon ten (10) days prior notice to the owner of the property.
8.2
Revocation of a connection permit by the Engineer may be appealed to
Committee of the Whole within ten (10) days of the communication of the
Engineer's decision to the owner of the property affected, by filing notice of
appeal with the Clerk. Notice of appeal shall specify the basis for the appeal and
the relief sought.
8.3
Committee of the Whole shall provide the appellant with an opportunity to be
heard prior to any decision.
8.4
Committee of the Whole may uphold or reverse the Engineer's decision or
amend it to include terms or conditions.
OFFENCES
9.1
Any person who contravenes any section of this By-law is guilty of an offence
and is liable on conviction to a penalty of not less than $500 and not more than
$10,000 and in default of payment to imprisonment for a term of not more than
one year. Every day during which a contravention of, or failure to comply with,
this by-law continues is a separate offence.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
10
COSTS
10.1
All costs and penalties chargeable under this By-law shall be due and payable from
the date they are assessed.
10.2
The Clerk shall notify anyone liable for the costs or penalties of the basis for the
costs or fees and the account payable by either mailing notice by regular post to
the last known address of such persons or by posting it on the property in respect
of which it is charged.
10.3
All costs or penalties remaining unpaid for more than thirty (30) days subsequent to
being due and payable shall bear interest at the same rate as charged by the
Municipality for unpaid rates and taxes.
10.4
All costs or penalties and interest thereon may be sued for and collected in the
name of the Municipality in the same manner as the ordinary rates ad taxes
payable to the Municipality may be sued for and collected, and at the option of the
Clerk be collectable at the same time and by the same proceedings as taxes.
10.5
All costs or penalties and interest thereon shall be a first lien on the property in
respect of which it is payable.
MUNICIPALITY OF THE COUNTY OF KINGS
BY-LAW # 91 cont'd
11
Schedule "A"
Spills
The costs described in this Schedule are based on a thirty (30) day period. The amount
billed shall be established by dividing the applicable costs by thirty (30) to derive a daily
rate and multiplying the daily rate by the actual number of days in the billing period.
The formula for determining e cost is:
Z=PTY
30Q
Z is the cost in cents.
P is the total of R! + R2 +R3....
R=(0.55B + OS +OG) and R must be established for each test that takes place within the
thirty (30) day period.
B is the amount in milligrams per litre by which the BOD of the sewage tested exceeds two
hundred (200) milligrams per litre.
S is the amounts of milligrams per litre by which the suspended solids of the sewage
exceeds two hundred (200) milligrams per litre.
G is the amount expressed in milligrams per litre by which the grease content of the
sewage exceeds fifty (50) milligrams per litre.
T is the number of days in the billing period.
Y is the number of gallons of water used in the billing period, divided by 1000.
Q is the total number of tests performed in the 30 day period.
History of this By-law
Enacted - December 4, 2007