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BYLAW
1
THIS BY-LAW SHALL REPEAL AND SUPERCEDE ANY AND ALL PREVIOUS REGULATIONS AND/OR BY-
LAWS HELD BY THE TOWN OF SHELBURNE REGARDING SEWERS.
BEING A BY-LAW regulating the use of public and private sewers, private sewage disposal, the
installation and connection of building sewers, and the discharge of waters and wastes into the public
sewer systems, and providing penalties for violations thereof.
1. Short Title
This By-Law shall be known as and may be cited as the "Public Sewer By-Law".
2. Definitions
Unless the context specifically states otherwise, the meaning of terms used in this By-Law shall be as
follows:
(a) "Building Sewer" shall mean a sewer which is located on private property and which
connects the building drainage system or the building sanitary conveniences to the
sanitary sewer or other place of disposal.
(b) "Building Service Connection" shall mean the connection of a building sewer to the
public sewer system.
(c) "Garbage" shall mean solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and sale of produce.
(d) "Operator" shall mean any wastewater system operator, or any person who is
authorized or designated by the Town of Shelburne to carry out the functions of an
operator as may be required under this By-Law.
(e) "Council" shall mean the Council of the Town of Shelburne.
(f) "Town" shall mean the Town of Shelburne.
(g) "Natural Outlet" shall mean any outlet into a ravine, gulch, watercourse or the bed
thereof, whether the same usually contains water or not, or any stream, river,
creek, ditch, lake or other body of surface or groundwater.
(h) "Plumber" shall mean a plumber certified to work in the province of Nova Scotia.
(i) "Polluted" shall mean altered physical, chemical, biological or aesthetic properties
of the natural waters of the area, including change of the temperature, taste, or
odor of the waters, or the addition of any liquid, solid, radioactive, gaseous or other
substance to the waters or the removal of such substances from the waters which
will render or is likely to render the waters harmful to the public health, safety or
welfare, or harmful or less useful for domestic, municipal, industrial, agricultural,
recreational or other lawful uses, or for animals, birds or aquatic life.
(j) "Public Sewer" shall mean sewer which is located on public property and which is
owned and maintained by the Town of Shelburne.
TOWN OF SHELBURNE
PUBLIC SEWER BY-LAW
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(k) "Sanitary Sewage" shall mean water carried wastes from the sanitary conveniences
of residences, commercial buildings or premises, institutions, commercial buildings
or premises, institutions, and industrial establishments, but excluding storm water
as hereinafter defined.
(l) "Sanitary Sewer" shall mean a sewer which carries sanitary sewage, as defined
hereafter, and to which storm, surface, and ground water are not intentionally
admitted.
(m) "Sewer" and "Sewage Works" shall mean all sewers, sewer systems, sewage
pumping stations, sewage treatment plants, and other works for the collection,
acceptance, transmission, treatment, and disposal of sewage or for any one or more
of them.
(n) " Sludge" shall mean any discharge of sewage which in concentration of any given
constituent or in quantity of flow exceeds more than five times the average 24-hour
concentration or flow for a period in excess of fifteen minutes.
(o) "Storm Water" shall mean ground, surface, and storm waters which are unpolluted
other than by their contact with the natural environment, and industrial cooling
water and unpolluted process water.
3. Application
When the Council deems it necessary that a sewer be constructed in any area or any portion of the
Town, the Council may order by resolution such sewer to be constructed and all provisions of the By-
Laws relating to and regulating the use of Public sewers in force in the Town be and are hereby made
applicable to any sewer constructed by virtue of such resolution.
4. Repair & Maintenance
The Council may by resolution order the rehabilitation or improvement of drains or sewers existing in
any road, area or portion of the Town, whenever the same shall be considered necessary or desirable,
and to lay out, excavate and complete a sewer in any area of the Town and perform any other work
necessary to be done in connection therewith.
5. Operator's Duty
The Operator shall have the duty of maintaining logs and satisfying reporting requirements concerning
the operation, installation and maintenance of all public sewers.
The Operator shall be permitted to enter all properties for the purposes of inspection, observation,
measurement, sampling and testing, in accordance with the provisions of this By-Law.
6. Discharge of Waste
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner
on public or private property within the Town, or in any area under the jurisdiction of the said Town, any
human or animal excrement, garbage, or other objectionable waste.
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It shall be unlawful to discharge any natural outlet within the Town, or in any area under the jurisdiction
of the said Town, any outlet sewage or other polluted waters.
7. On-site Sewage
Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault, septic tank,
cesspool or other facility intended or used for the disposal of sewage.
8. Requirement to Connect
The owner of any dwelling house, shop, store, office or other building, the nearest part of which is not
more than One Hundred (100') feet from any portion of the public sanitary or combined sewer of the
Town, is hereby required, at his expense, to connect any facilities discharging sanitary sewage directly
with the proper public sewer in accordance with the provisions of this By-Law, within thirty (30) days
after the date of the official notice so to do.
Where a public sanitary or combined sewer is not available, the building sewer shall be connected to a
private sewage disposal system complying with the following provisions.
9. Private Sewage Disposal Systems
The type, capacity, location and layout of a private sewage disposal system shall comply with all federal
and provincial regulations and legislation. No septic tank nor cesspool shall be permitted to discharge to
any natural outlet. Before commencing the construction of a private sewage disposal system, the owner
shall first obtain all required permits.
The Operator shall be allowed to inspect the work at any stage of construction; and, in any event, the
owner shall notify the NS Department of Environment when the work is ready for final inspection, and
before any under-ground portions are covered.
It shall be the duty of any person, firm, or corporation who constructs any private sewer or drain while
excavating to securely protect the opening or excavation in a manner that protects the public as
directed by the Operator.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all
times, at no expense to the Town.
At such time as a public sewer becomes available to property served by a private sewage disposal, the
building sewer shall be connected with the public sewer, in compliance with this By-Law, within thirty
(30) days of notice by the Town, and septic tanks, cesspools, and similar private sewage disposal
facilities shall be cleaned of sludge and filled.
10. Permits Required
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb
any public sewer or appurtenance thereof without first obtaining a permit from the Operator.
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11. Classes of Sewer Permits
There shall be two classes of building sewer permits:
(a) For residential and commercial service; and,
(b) For service to establishments producing industrial wastes.
In either case, the owner or his agent shall make application on a form furnished by the Operator, which
form shall have the context as given in Appendix "A" or Appendix "B" of this By-Law, as is applicable.
The permit application shall be supplemented by any plans, specifications, and such other information
and material required to determine whether the proposal meets the requirements of this By-law and
any required provincial approvals and certificates.
12. Building Sewers
A separate and independent building sewer shall be provided for every building; except where one
building stands at the rear of another on the same property, in which case the building sewer from the
front building may be extended to the rear building and the whole considered as one building sewer.
Each building sewer shall have its own building service connection to the public sewer system. No
building sewer shall have more than one building service connection.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne
by the owner. The owner shall indemnify the Town from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
Old building sewers may be used in connection with new buildings only when they are found, on
examination and test by the Operator to meet all the requirements of this By-Law.
Size, slope, alignment, materials of construction of the building sewer, and the methods to be use in
excavation, placing of the pipe, jointing, testing, backfilling the trench, and connection to the public
sewer shall all conform to the requirements of a National Building Code in so far as the National Building
Code relates to the installation of sewer systems.
Whenever possible, the building sewer shall be brought to the building at an elevation below the
basement floor. In all buildings in which the building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carriage by such building drains shall be lifted by an approved means and
discharged to the building sewer.
The person who originally made application for the building sewer permit shall notify the Operator
when the building sewer is ready for inspection and connection to the public sewer. The entire works
shall be performed under the supervision of an Operator.
All excavations for the building sewer installation shall be adequately guarded with barricades and lights
so as to protect the public from hazard. Streets, sidewalks, walkways and other public property
disturbed in the course of the work shall be restored and such restorations are to be satisfactory to the
Operator.
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13. Discharge
No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof
run-off, sub-surface drainage, unpolluted cooling water or unpolluted industrial process waters to any
sanitary sewer.
No person, firm, or corporation shall permit any pipe carrying sewage or surface water to discharge into
any sewer trench.
Sanitary sewage shall be discharged to such sewers as are specifically designated as sanitary sewers,
except that no person shall discharge or cause to be discharged the following described substances,
materials, waters or wastes:
(a) Sewage at a temperature in excess of sixty degrees (60) Celsius;
(b) Sewage containing any inflammable or explosive matter, and without limiting the generality of
the foregoing, gasoline, benezene, naphtha, fuel oil, acetone or other solvents;
(c) Any quantity of matter capable of obstructing the flow in or interfering with the proper
operation of any part of the sewage works, and without limiting the generality of the foregoing,
any such quantity of ashes, cinders, garbage, sand, straw, mud, shavings, metal, glass, rags,
feathers, plastic, wood, or cellulose;
(d) Sewage having a PH less than 5.5 or greater than 9.5 or which due to its nature or content,
becomes less than 5.5 or greater than 9.5 during transmission to a sewage treatment plant;
(e) Sewage that may cause a nuisance, and without limiting the generality of the foregoing, sewage
containing hydrogen sulphide, carbon disulphide, ammonia, trichlorethylene, sulphur dioxide,
formaldehyde, chlorine, bromine, or pyridine, in such quantity that an offensive odor could
emanate from the sewage works or could cause a nuisance;
(f) Sewage containing animal wastes and without limiting the generality of the foregoing,
containing intestines, stomach casings, intestinal contents, hides, hooves, toenails, horns, bones
or poultry heads or sewage containing hair, wool fur, feathers, paunch manure or fleshlings;
(g) Sewage containing toxic or chemical pollutants in greater concentrations than is permitted by
any authority having jurisdiction over the receiving waters.
(h) Sewage which exerts or causes:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, fullers
earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited, to
sodium chloride and sodium sulphate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions)
c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as
to constitute a significant load on the sewage treatment works.
d. Unusual volume of flow or concentration of wastes constituting "sludge" as defined
herein.
(i) The contents of septic tanks.
(j) Radioactive materials except as may be permitted under the Atomic Energy Control Act, R.S.C.
1970, Chapter A19 and amendments thereto and regulations there under.
(k) Storm runoff, sewage derived from the drainage of lands or roofs, water used for cooling
purposes or any other unpolluted waste waters.
(l) Without limiting any of the foregoing, no person shall discharge or cause to be discharged any
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waters or wastes containing substances which are not amenable to treatment processes
employed, or are amendable to treatment only to such degree that the sewage treatment plant
effluent cannot meet the requirements of other agencies having jurisdiction over discharge to
the receiving waters.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Town they are necessary
to the proper handling of liquid wastes containing grease in excessive amounts, or any inflammable
wastes, sand or other harmful ingredients; except that such interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall be a type and capacity approved by the
Town, and shall be located as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they
shall be maintained continuously and satisfactorily in effective operation by the owner at his expense.
When required by the Town, the owner of any property served by a building sewer carrying industrial
waste shall install a suitable control manhole, together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling, and measurement of the
wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed
in accordance with plans approved by the Town. Manholes shall be installed by the owner at his
expense, and shall be installed by the owner at his expense, and shall be maintained by him so as to be
safe and accessible at all times.
No statement contained in this Part shall be construed as preventing any special agreement or
arrangement between the Town and any industrial concern or institution whereby an industrial or
institutional waste of unusual strength or character may be accepted by the Town for treatment, subject
to payment therefor by the industrial concern.
14. Powers of the Town
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers which
waters contain in substance or possess the characteristics enumerated in Section 30 of this By-Law, the
Town may do any or all of the following:
a)
Reject the wastes;
b)
Require pretreatment to an acceptable condition for discharge to the public sewers;
c)
Require control over the quantities and rates of discharge;
d)
Require payment to cover the added cost of handling and treating the wastes.
If the Town requires the pretreatment or equalization of waste flows, the design and installation of the
plants and equipment shall be subject to the review and approval of the Town and subject to the
requirements of all applicable codes, ordinances and laws.
15. Prohibitions
No person, firm or corporation shall injure, break or remove any portion of the public sewer system or
its appurtenances.
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No person, firm or corporation shall throw, or permit to be thrown or deposited in any sewer opening or
receptacle connected with the public sewer system any garbage, offal, dead animals, bones, ashes,
cinders, rags, wipes, diapers, sanitary products, dental floss or any other material or thing excepting
feces, urine and necessary toilet paper, household liquids.
16. Blockage Procedures
Blockages in building sewer systems are the responsibility of the owner and all costs associated shall be
borne by the owner.
When called to respond to a sewer blockage the Town will not respond until the Operator is satisfied
that a plumber working on behalf of the owner has determined the blockage is not in the building sewer
system.
If the Operator determines a blockage of the public sewer system can be attributed to actions
prohibited herein, this will be considered an offense against this by-law and appropriate enforcement
action will be taken.
17. Sewer Service Charge
Every owner of land which is serviced by a public sewer or is fronting on any street or highway within
the Town, which street or highway has a sewer line installed as directed by Council pursuant to this By-
Law shall pay to the Town an annual charge, known as the Sewer Service Charge, for both the
construction and maintenance of such sewage works, and the operation of any sewer treatment
facilities in the amount determined from time to time by Council in the Sewer Charges By-Law. Such
annual charge to be calculated based on the type of facility using the sewer in accordance with Appendix
"C" attached hereto.
18. Rules Applicable to Unit Charge
The following rules shall apply to the charges set forth in the proceeding section:
a) All properties, dwelling houses, shops, stores, offices, or other buildings, the nearest part of
which is not more than One Hundred (100') feet from any portion of the sewer line shall pay the
charges hereinbefore set forth.
b) All properties situated at or near the upper end or termination of any such sewer shall pay the
same rate as if the sewer were to pass in front of such properties for the entire length thereof.
Every charge or tax imposed under the provisions of this By-Law shall constitute a lien upon the real
property as is provided for rate and taxes by Chapter 23 of the Revised Statutes of Nova Scotia, 1989,
the Assessment Act, and shall be collectible in the same manner as rates and taxes on real property are
collected, under the Assessment Act.
19. Connection Fee
Any person requesting a permit for connecting a building service connection with the public sewer shall
pay a fee determined from time to time by the Council in the Sewer Charges By-Law.
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20. Standards & Specifications
The construction and installation of any building service connection shall be conducted subject to the
inspection and review by the Operator and the specifications for labour and materials under which the
public sewer was constructed are to be considered as part of the specifications for any such building
service connection, modified, however, so as to be applicable to the building or buildings situate on the
property to be served by such building service connection.
The "Canadian Plumbing Code, 2015" as published by the Associate Committee on the National Building
Code, National Research Council of Canada, is hereby adopted as a part of this By-Law, attached hereto
as Appendix "D".
Building Service Connections must be in accordance with the requirements for Building Service
Connections as provided for in the 2015 National Building Code.
All sewers and drains shall be constructed in accordance with the provisions of the Public Highways Act,
Revised Statutes of Nova Scotia, 1989, Chapter 371, and amendments and regulations thereto, the said
Act, amendments and regulations thereto shall apply to all streets, roads and highways within the
meaning of the Public Highways Act.
21. Liability
As per the Shelburne (Town) Relief from Liability Act, the Town of Shelburne is not liable for damages:
(a) caused by the breaking of any reservoir, water main, water service pipe or attachment, or
any part of a sewage system, including a storm drain;
(b) caused by the interference with the supply of water by the repair or maintenance of the
water system; or
(c) generally for any action due to the operation of the water system or sewage system,
including a storm drain, unless the damages are shown to be directly due to the negligence
of the Town or its employees.
22. Capping of Sewer Connections
Whenever any building sewer connection is abandoned, or is not done in accordance with this By-Law
the owner shall employ a plumber to cap the building service connection at the property line so as to
prevent sewage from backing up into the soil, or dirt being washed into the sewer.
Where the owner does not effectively cap a building sewer connection as required under the provisions
of this By-law within thirty (30) days from receipt of a notice from the Operator, requiring him to do so,
the Town may cause the same to be done and the cost of such work caused to be done by the Town
may be recovered as a charge by the Town to the owner.
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23. Penalties
Any person found to be in violation of this By-Law shall be guilty of a Summary Offence and is liable
upon conviction of the corresponding fines of not less than not less than One Hundred Dollars ($100.00),
as laid out in the By-Law Infraction Ticket Information
THIS IS TO CERTIFY that the By-Law of which the foregoing is a true copy and
was duly passed at duly called meeting of the Council of the Town of Shelburne,
held on the day of , 2018.
GIVEN under the hand of the Clerk and the corporate seal of the said Town this
day of , 2018.
Mayor, Karen Mattatall
Town Clerk, Julie Ferguson
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APPENDIX A
RESIDENTIAL OR COMMERCIAL BUILDING SEWER APPLICATION
For the Town of Shelburne;
The undersigned, being the _____________________________________
(Owner, Owner's Agent)
of the property located at ___________________________________________________
does hereby request a permit to install and connect a building sewer to serve the
_____________________________________________ at said location.
(Residence, Commercial Building, etc.)
1.
The following indicated fixtures will be connected to the proposed building sewer;
Number
Fixture
Number
Fixture
______
Kitchen sinks
______
Water Closets
______
Lavatories
______
Bath Tubs
______
Laundry Tubs
______
Showers
______
Urinals
Specify other fixtures _______________________________________
2.
The maximum number of persons who will use the above fixtures is _______.
3.
The name and address of the person or firm who will perform the proposed work is
_______________________________________________________.
4.
Plans and specifications for the proposed building sewer are attached hereto as Exhibit "A"
In consideration of the granting of this permit, the undersigned agrees:
1. To accept and abide by all provisions of the Public Sewers By-Law of the Town of Shelburne; and
of all other pertinent By-Laws or regulations that may be adopted in the future.
2. To notify the Town when the building sewer is ready for inspection and connection to the public
sewer, but before any portion of the work is covered,
3. To maintain the building sewer at no expense to the Town.
Date: __________________________ Signed:____________________________
(applicant)
____________________________
(address of applicant)
Application approved and permit issued:
Date: __________________________ Signed: ___________________________
(Operator)
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APPENDIX B
INDUSTRIAL SEWER CONNECTION APPLICATION
To the Town of Shelburne:
The undersigned being the ___________________________________
(Owner, Lease, Tenant, etc.)
of the property located at _____________________________________________
does hereby request a permit to ________________________________________
(Install, Use)
an industrial sewer connection serving the _______________________________
(Name of the Company)
which Company is engaged in ____________________________ at said location.
1. A plan of the property showing accurately all sewers and drains now existing is attached hereto
as Exhibit "A".
2. Plans and specifications covering any work proposed to be performed under this permit is
attached hereto as Exhibit "B".
3. A complete schedule of all process waters and industrial wastes produced or expected to be
produced at said property, including a description of the character of each waste, the daily
volume and maximum rates of discharge, and representative analyses, is attached hereunto as
Exhibit "C".
4. The name and address of the person or firm who will perform the work covered by this permit is
_________________________________________________.
In consideration of the granting of this permit the undersigned agrees:
1. To furnish any additional information relating to the installation or use of the industrial
sewer for which this permit is sought as may be requested by the Town.
2. To accept and abide by all provisions of the public sewers By-law of the Town of
Shelburne, and of all other pertinent By-Laws or regulations that may be adopted in the
future.
3. To operate and maintain any waste pretreatment facilities, as may be required as a
condition of the acceptance into the public sewer of the industrial wastes involved, in an
efficient manner at all times, and at no expense to the Town,
4. To co-operate at all times with the Town and its representatives in their inspecting,
sampling and study of the industrial wastes and by facilities provided for pretreatment.
5. To notify the Town immediately in the event of any accident, negligence, or other
occurrence that occasions discharge to the public sewers of any wastes or process
waters not covered by this permit.
Date: _______________________
Signed: _______________________
(applicant)
_______________________
(address of applicant)
Date: _______________________
Signed: _______________________
(Operator)
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APPENDIX C
SCHEDULE OF USER FEES, SANITARY SEWAGE SYSTEM
TYPE OF CONSUMER
UNIT VALUE
For each beauty shop or barbershop in private home add
1.0
Doctor, Dentist office, Beauty Shop or Barber Shop
1.0
For each Doctor or Dentist office in private home add
1.0
Hospitals and homes with medical care facilities
without laundry facilities per bed
0.5
with laundry facilities per bed
0.75
Hotels, Motels, and Tourist Cottages with
housekeeping facilities;
each room or unit
0.5
without housekeeping facilities;
each room or unit
0.3
Individual apartment
1.0
Mobile Home
1.0
Rooming house, Boarding house, Convent, Institutional dormitory
up to five beds
1.0
each additional bed
0.2
Schools per classroom without cafeteria or gym
1.0
with cafeteria or gym per classroom
1.5
with both cafeteria and gym per classroom
2.0
Senior Citizens Home, per unit
0.6
Single Family Dwelling
1.0
For private swimming pool connected to the sewer line add
1.0
Tourist Home with one bathroom
1.2
for each additional bathroom
0.3
Restaurants etc. are additional to above listing and are rated in
accordance with this schedule
Stores, banks, clubs, recreational facilities and places of business
including Industrial premises (Sanitary Sewage Only)
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first washroom facility
1.0
each additional washroom facility
0.5
Tourist Trailer Park
with hook-up facilities, per unit space
0.75
without hook-up facilities, per unit space
0.3
Cafeterias etc. are in addition to above listing and are rated
in accordance with this schedule
Churches, church halls, each washroom facility
0.3
Drive-In restaurant or Theatre with canteen
1.0
for each washroom facility add
1.0
for each additional washroom facility add
0.5
Laundromat
1.0
for each machine
0.5
for each carwash bay connected to sanitary sewer
3.0
Premises licensed by Nova Scotia Liquor Commission
1.0
Restaurants, snack bars and cafeterias
1.0
for each ten seats add
0.25
Restaurant, Lounge, Dining Room or Club
1.0
for each five seats add
0.25
Service Station;
for each car wash bay connected to sanitary sewer
12.5