Sewer Use (By-law No. 2003-514)

A by-law of the City of Ottawa to regulate the control of discharges to sewers and sewage works.

The Council of the City of Ottawa enacts as follows:

Section 1- Definitions

In this by-law,

"accredited laboratory" means any laboratory accredited by an authorized accreditation body in accordance with a standard based on "ISO/IEC/EN 17025: General Requirements for Competence of Calibration and Testing Laboratories" established by the International Organization for Standardization, as amended;  

"acute hazardous waste chemical" means a material which is an acute hazardous waste chemical within the meaning of Regulation 347;  

"amalgam separator" means any technology, or combination of technologies, designed to separate amalgam particles from dental operation wastewater;  

"animate products of biotechnology" means a living organism created through the practice of biotechnology, and includes material which has been genetically modified using techniques that permit the direct transfer or removal of genes in that organism;  

"Best Management Practices (BMP)" means an integrated plan to control and reduce the release of restricted and prohibited waste into the sewage works to a practicable extent, through methods including physical controls, pre-treatment processes, operational procedures and staff training;  

"biochemical oxygen demand (BOD)" means the 5-day BOD which is the determination of the molecular oxygen utilized during a 5-day incubation period for the biochemical degradation of organic material (carbonaceous demand), and the oxygen used to oxidize inorganic material such as sulphides and ferrous iron;  

"biomedical waste" means biomedical waste as defined in the Ontario Ministry of Energy and the Environment Guideline C-4 entitled "The Management of Biomedical Waste in Ontario" dated April 1994, as amended;  

"biosolids" means the product of stabilized organic solid material recovered from the wastewater treatment process;  

"blowdown water" means recirculating water that is discharged from a cooling or heating water system for the purpose of controlling the level of water in the system or for the purpose of discharging from the system materials contained in the system, the further build-up of which would or might impair the operation of the system;  

"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended, or any successor legislation thereto and herein cited as the BCA;  

"carpet cleaner waste" means a combination of liquid and solid wastes, generated by carpet or furniture cleaning, that are collected in a mobile holding tank or are discharged to a sewer;  

"certified amalgam separator" means any amalgam separator that is certified in accordance with standard "ISO 11143:1999 for Dental equipment - Amalgam separators" established by the International Organization for Standardization, as amended;  

"carrier" means a person who transports hauled liquid waste to the sewage works for disposal;   "City" means the City of Ottawa;  

"combined sewer" means a sewer intended to function simultaneously as a storm sewer and a sanitary sewer;  

"combustible liquid" means a liquid that has a flash point not less than 37.8 degrees Celsius and not greater than 93.3 degrees Celsius;  

"Compliance Officer" means a person authorized by the City to carry out observations and inspections and take samples as prescribed by this by-law;

"composite sample" means a volume of sewage, stormwater, uncontaminated water, or effluent made up of two or more grab samples that have been combined automatically or manually and taken at intervals during the sampling period;  

"connection" or "drain" means that part or those parts of any pipe or system of pipes leading directly or indirectly to a sewage works;  

"cooling water" means water that is used in a process for the purpose of removing heat and that has not come into contact with any raw material, intermediate product, waste product, or finished product, but does not include blowdown water;  

"dental amalgam" means a dental filling material consisting of an amalgam of mercury, silver and other materials such as copper, tin or zinc;  

"dentistry" means dental care, dental hygiene or dental laboratory activities which produce waste dental amalgam;  

"domestic sewage" means sewage released from non-institutional, non-commercial, and non-industrial premises as a result of normal human living processes;  

"Environmental Protection Act" means the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended and any successor legislation thereto, and herein cited as the EPA;  

"fixture" means a receptacle, appliance, apparatus, piping system, floor drain or other device that releases or discharges sewage;  

"food waste" means solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce;  

"fuel" means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable substance intended for use as a fuel;  

"General Manager" means the General Manager of the Transportation, Utilities and Public Works Department of the City or authorized representative;  

"grab sample" is an aliquot of the flow being sampled taken at one particular time and place;  

"groundwater" means water in a saturated zone or stratum beneath the surface of land or below a surface water body;  

"hauled sewage" means waste removed from a sewage system, including a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet, or a sewage holding tank but does not include sludge removed from wastewater treatment plants;  

"hauled liquid waste" means sewage that is suitable for treatment in a sewage works and is transported to a sewage works for disposal and includes hauled sewage;  

"hazardous industrial waste" means a material which is a hazardous industrial waste within the meaning of Regulation 347;  

"hazardous waste chemical" means a material which is a hazardous waste chemical within the meaning of Regulation 347;  

"ignitable waste" means a material which,  

1. is a liquid, other than an aqueous solution containing less than 24 per cent alcohol by volume and has a flash point less than 93 degrees Celsius, as determined by the Tag Closed Cup Tester (ASTM D-56-97a), the Setaflash Closed Cup Tester (ASTM D-3828-97 or ASTM D-3278-96e1), the Pensky-martens Closed Cup Tester (ASTM D-93-97), or as determined by an equivalent test method;  
2. is a solid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a danger;  
3. is an ignitable compressed gas (Class 2, Division D) as defined in the regulations made under the TDGA, or,  
4. is an oxidizing substance (Class 5, Divisions 1 and 2) as defined in the regulations made under the TDGA;  

"industrial" means of or pertaining to industry, manufacturing, commerce, trade, business, or institutions as distinguished from domestic or residential;  

"industry" means any owner or operator of industrial premises from which there is a discharge of any matter directly or indirectly into a City sanitary sewer, combined sewer or storm sewer;  

"Lower Explosive Limit (LEL)" means the minimum concentration of the compound as a gas or vapour, measured as a percentage in air, which will explode or burn;  

"matter" includes any solid, liquid or gas;  

"non-contact cooling water" is water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with any raw material, intermediate product other than heat, or finished product;   "nuclear substance" means:  

1. deuterium, thorium, uranium or an element with the atomic number greater than 92;  
2. a derivative of compound of deuterium, thorium, uranium or of an element with an atomic number greater than 92;  
3. a radioactive nuclide;  
4. a substance that is prescribed as being capable of releasing nuclear energy or as being required for the production or use of nuclear energy;  
5. a radioactive substance or radioactive thing that was used for the development or product or in connection with the use, of nuclear energy;   as defined under the Nuclear Safety and Control Act 1997, c.9 as amended from time to time;

"Ontario Water Resources Act" means the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended and any successor legislation thereto, and herein cited as the OWRA;  

"pathological waste" means a material which is a pathological waste within the meaning of Regulation 347 or any material which may be designated in writing by the Chief Medical Officer of Health;  

"PCBs" means any monochlorinated or poly-chlorinated biphenyl or any mixture of these or mixture that contains one or more of them;  

"person" includes an individual, association, partnership, corporation, municipality, Provincial or Federal agency, or an agent or employee thereof;  

"pesticides" means a pesticide regulated under the Pesticides Act, R.S.O. 1990, c. P.11, as amended or any successor legislation thereto;  

"pH" means the logarithm to the base 10 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution;  

"pollution prevention" means the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and wastes;  

"premises" means any land or building or both or any part thereof;  

"private sewer connection" means that part of any drain or system of drains, including drains or subsurface drainage pipe for surface or subsurface drainage of the land in or adjacent to a building, lying within the limits of the private lands and leading to a municipal sewer connection;   reactive waste" means a substance that,  

1. is normally unstable and readily undergoes violent changes without detonating;  
2. reacts violently with water;  
3. forms potentially explosive mixtures with water;  
4. when mixed with water, generates toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment;  
5. is a cyanide or sulphide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapours or fumes in a quantity sufficient to present danger to human health or the environment;  
6. is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;  
7. is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or  
8. is an explosive (Class 1) as defined in the regulations made under the TDGA;  

"Regulation 347" means the general waste management regulation made under Part V of the EPA, as amended, or any successor regulation thereto;  

"sanitary sewer" means a sewer for the collection and transmission of domestic, or industrial sewage or any combination thereof;  

"severely toxic waste" means waste containing any contaminant listed in Schedule 3 of Regulation 347;  

"sewage" means any liquid waste containing animal, vegetable, chemical or mineral matter in solution or in suspension, but does not include stormwater or uncontaminated water;  

"sewage works" means any works for the collection, transmission, treatment or disposal of sewage, stormwater or uncontaminated water, including a combined sewer, sanitary sewer or storm sewer, or any part of such works, but does not include plumbing or other works to which the BCA applies;  

"sewer" means a pipe, conduit, drain, open channel, ditch or watercourse for the collection and transmission of sewage, stormwater, or uncontaminated water, or any combination thereof;  

"sludge" means wastewater containing more than 0.5% total solids, but does not include material which has been pumped out of a septic tank;  

"spill" means a direct or indirect discharge into the sewage works, storm sewer or the natural environment which is abnormal in quantity or quality in light of all the circumstances of the discharge;  

"Standard Methods" means a procedure or method set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and Water Environment Federation, 20th edition, as amended from time to time;  

"storm sewer" means a sewer for the collection and transmission of uncontaminated water, stormwater, drainage from land or from a watercourse or any combination thereof;  

"stormwater" means water from rainfall, other natural precipitation, drainage or from the melting of snow or ice;  

"subsurface drainage pipe" means a pipe that is installed underground to intercept and convey subsurface water, and includes foundation drains;  

"total kjedahl nitrogen (TKN)" means organically bound nitrogen plus ammonia nitrogen, as determined by using a standard procedure;  

"total PAHs" means the total of all the following polycyclic aromatic hydrocarbons: anthracene, Benzo(a)pyrene, Benzo(a)anthracene, benzo(e)pyrene, Benzo(b)fluoranthene, Benzo(j)fluoranthene, Benzo(k)fluoranthene, Benzo(g, h, i)perylene, chrysene, dibenzo(a,h)anthracene, dibenzo(a,i)pyrene, dibenzo(a,j)acridine, 7H-dibenzo(c,g)carbazole, fluoranthene, indeno(1,2,3-c,d)pyrene, perylene, phenanthrene, and pyrene;  

"Transportation of Dangerous Goods Act" means the Transportation of Dangerous Goods Act 1992, S.C. 1992, c. 34, as amended or any successor legislation thereto and herein cited as the TDGA;  

"uncontaminated water" means potable water as supplied by the City or water with a level of quality which is typical of potable water normally supplied by the City, or any other water which complies with Section 6 of this by-law;  

"waste disposal site leachate" means leachate, namely liquid containing dissolved or suspended contaminants which emanates from waste and is produced by water percolating through waste or by liquid in waste, from any waste disposal site;  

"watercourse" means an open channel, ditch or depression either natural or artificial, in which water flows either continuously or intermittently; and  

"waters" means a well, lake, river, pond, spring, stream, reservoir, artificial watercourse, intermittent watercourse, or other water or watercourse.

Section 2 - Interpretation

1. Headings are for reference purposes and shall not affect in any way the meaning or interpretation of the provisions of this by-law.  
2. If any section, clause or provision of this by-law, including anything contained in the Schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this by-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this by-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid.  
3. In this by-law, a word interpreted in the singular number has a corresponding meaning when used in the plural.

Section 3 - Application

1. This by-law shall apply to all sewers, including combined, sanitary and storm sewers, sewage works, and any connections thereto which mediately or immediately enter into such sewers or sewage works, which are publicly or privately owned or operated and are located within the boundaries of the City.  
2. This by-law does not apply to the discharge of any matter or sewage, in an emergency, as determined by and approved by the Medical Officer of Health in the exercise of their authority under the Health Protection and Promotion Act, R.S.O. 1990. c.H. 7, as amended.

Section 4 - Sanitary and Combined Sewer Requirements

1. No person shall, directly or indirectly, discharge or deposit or cause or permit the discharge or deposit of sewage or matter of any type into a sanitary sewer, combined sewer, municipal or private sewer connection to any sanitary sewer or combined sewer in circumstances where,    
   1. to do so may cause or result in,      
      1. a health or safety hazard to a person authorized by the General Manager to inspect, operate, maintain, repair or otherwise work on a sewage works;      
      2. an offence under the OWRA or the EPA or any regulation made thereunder from time to time;      
      3. biosolids from the sewage works to which either sewage discharges, directly or indirectly, to fail to meet the objectives and criteria as listed in the Ministry of Energy and the Environment publication entitled "Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Land" dated March 1996, as amended from time to time;      
      4. interference with the operation or maintenance of a sewage works, or the impairment or interference with any sewage treatment process;      
      5. a hazard to any person, animal, property or vegetation;      
      6. an offensive odour to emanate from sewage works, and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, or other reduced sulphur compounds, amines or ammonia in such quantity as may cause an offensive odour;      
      7. damage to the sewage works;      
      8. an obstruction or restriction to the flow in the sewage works.      
      9. the presence of toxic gases, vapours or fumes within the sewage works such that:
         1. two successive readings on an explosion hazard meter, at the point of discharge into the sewage works or at any point in the sewage works, of more than five percent LEL are obtained;
         2. any single reading on an explosion hazard meter, at the point of discharge into the sewage works or at any point in the sewage works, of ten percent LEL or higher is obtained; or  
         3. any single reading on an explosion hazard meter, at the point of discharge into the sewage works or at any point in the sewage works, of two parts per million atmospheric hydrogen sulphide or higher is obtained. 
   2. the sewage has one or more of the following characteristics: 
      1. a pH less than 5.5 or greater than 11; 
      2. two or more separate liquid layers; or 
      3. a temperature greater than 60 degrees Celsius;
   3. the sewage contains one or more of the following: 
      1. acute hazardous waste chemicals;
      2. animate products of biotechnology; except where they have been decontaminated prior to discharge
      3. biomedical waste, except where:
         1. done so in accordance with the Ontario Ministry of Energy and the Environment Guideline C-4 entitled "The Management of Biomedical Waste in Ontario" dated December 1994, as amended;
         2. human blood and body fluids known to contain viruses and agents in listed in "Risk Group 4" as defined in "Laboratory Biosafety Guidelines" published by Health and Welfare Canada, dated 1996, as amended, are decontaminated prior to discharge; and
         3. the discharge of bulk fluids takes place only between the hours of midnight and 6 am
      4. combustible liquid;
      5. dyes or colouring materials which when passed through a sewage works discolour the sewage works effluent; 
      6. fuel;
      7. hauled sewage, except where: 
         1. the hauled sewage is being discharged from a recreational vehicle; or
         2. the carrier of the hauled sewage operating as a waste management system has a certificate of approval or provisional certificate of approval issued under the EPA or is exempt from the requirement to have a certificate or provisional certificate of approval; and
         3. the carrier complies with the provisions of Section 7 of this by-law
      8. hauled liquid waste, except where:
         1. the hauled liquid waste is being discharged from a recreational vehicle; or 
         2. the carrier of the hauled liquid waste operating as a waste management system has a certificate of approval or provisional certificate of approval issued under the EPA or is exempt from the requirement to have a certificate or provisional certificate of approval; and 
         3. The carrier complies with the provisions of Section 7 of this by-law
      9. ignitable waste; 
      10. hazardous industrial waste;
      11. hazardous waste chemicals; 
      12. nuclear waste, except where :
          1. the nuclear substances are being discharged under a valid and current licence issued by the Canadian Nuclear Safety Commission or its successor;
          2. a copy of the licence has been provided to the General Manager; and 
          3. the person has written approval from the General Manager permitting such discharge.
      13. pathological waste, except where the waste has been decontaminated prior to discharge;
      14. PCBs, except where: 
          1. the person has a certificate of approval for a mobile site or PCB mobile waste disposal system issued under the EPA or where the person is claiming exemption under a regulation, the person has demonstrated to the satisfaction of the General Manager that the conditions of the exemption are met;
          2. a copy of the most recent certificate or provisional certificate and any amendment is provided to the General Manager;
          3. the person has written approval from the General Manager that the person has met a condition for an exemption under the regulations in relation to their discharge of PCBs to the sewage works; and 
          4. The discharge contains a concentration of less than 1 microgram per litre of PCBs
      15. pesticides;
      16. reactive waste; 
      17. severely toxic waste;
      18. silver bearing wastewater from photo finishing processes not treated with a silver recovery unit prior to discharge;
      19. sludge, except where;
          1. the discharge is expressly authorized in writing by the General Manager, in accordance with guidelines adopted by the City from time to time, prior to the discharge; and
          2. the person has entered into an agreement with the City which expressly authorizes the discharge and includes such other conditions as compensation and monitoring requirements;
      20. waste disposal site leachate, except where: 
          1. the waste disposal site leachate is discharged pursuant to a Certificate of Approval or Order relating to the premises under the EPA or OWRA which expressly allows the discharge;
          2. the person has entered into an agreement with the City which expressly authorizes the discharge from the premises including such other conditions, including compensation, as may be agreed upon and such agreement is expressly authorized in writing by the General Manager; and
          3. A copy of the Certificate of Approval or written authorization referred to in clause (a) has been provided to the General Manager.
      21. solid or viscous substances in quantities or of such size to be capable of causing obstruction to the flow in a sewer, including but not limited to ashes, bones, cinders, sand, mud, soil, straw, shaving, metal, glass, rags, feathers, tar plastics, wood, unground garbage, animal parts or tissues and paunch manure.
   4. The sewage contains a concentration expressed in milligrams per litre, in excess of any one or more of the limits in Table 1 of this by-law entitled "Limits for Sanitary and Combined Sewers Discharge", at Schedule "A" of this by-law unless:
      1. otherwise authorized in a Best Management Practices Plan approved by Council; or
      2. the discharge is in accordance with a valid discharge agreement or Compliance Program; or
      3. the person has demonstrated that one or more of the parameter limits contained in Schedule "A" cannot be met as a result of water conservation measures and the General Manager has exercised discretion to impose mass loading based limits in addition to or in place of concentration-based limits. 
2. The discharge of stormwater, non-contact cooling water, water from drainage of roofs or land, water from a watercourse, or uncontaminated water to a sanitary or combined sewer is prohibited unless: 
   1. the stormwater is discharged into or in connections to any combined sewer provided such connection existed prior to October 24, 1984; or
   2. the stormwater or water does not comply with Section 6 of this by-law; or 
   3. the non-contact cooling water originated from the City's water supply; or 
   4. the discharge is from a groundwater remediation system in accordance with a sanitary sewer agreement pursuant to section 9 of this by-law; or 
   5. the discharge is expressly authorized in writing by the General Manager in accordance with guidelines adopted by the City from time to time, prior to the discharge. 
3. The discharge of sewage, containing water originating from a source other than the City's water supply, directly or indirectly to a sanitary sewer or combined sewer is prohibited, unless:
   1. the discharge is expressly authorized in writing by the General Manager in accordance with guidelines adopted by the City from time to time, prior to the discharge; and 
   2. the owner or operator of the premises has entered into, an agreement in accordance with section 9 of this by-law.

Section 05 - Prohibition of Dilution 

No person shall discharge directly or indirectly or deposit or cause or permit the discharge or deposit of sewage into a sanitary sewer, combined sewer, storm sewer, municipal or private sewer connection to any sanitary sewer, combined sewer, or storm sewer in circumstances where matter has been added to the discharge for the purpose of dilution to achieve compliance with Sections 4 or 6 of the by-law.

Section 6 - Storm Sewer Requirements

1. No person shall directly or indirectly, discharge or deposit or cause or permit the discharge or deposit of matter of any type in or into a storm sewer, watercourse, municipal or private sewer connection to any storm sewer in circumstances where:    
   1. to do so may cause or result in,      
      1. damage to storm sewer;      
      2. interference with proper operations of storm sewer;      
      3. obstruction or restriction of the storm sewer or the flow therein;      
      4. a hazard to any person, animal, property, or vegetation;      
      5. impairment of the quality of the water in any well, lake, river, pond, spring, stream, reservoir or other water or watercourse;      
      6. the contravention of a certificate of approval or provisional certificate of approval issued under the OWRA or the EPA with respect to the storm sewer, its discharge or both the storm sewer and its discharge.    
   2. the matter has one or more of the following characteristics:      
      1. visible film, sheen or discolouration;      
      2. two or more separate layers;      
      3. a temperature greater than 40 degrees Celsius;      
      4. a pH less than 6.0 or greater than 9.0.    
   3. the matter contains one or more of the following:      
      1. acute hazardous waste chemicals;      
      2. animate products of biotechnology;      
      3. biomedical waste;      
      4. blowdown water;      
      5. carpet cleaner waste;      
      6. combustible liquids;      
      7. concrete mixtures;      
      8. dyes or colouring materials, except where the dye is used by the City, or an agent working on behalf of the City, as a tracer;      
      9. floating debris;      
      10. fuel;      
      11. hauled sewage;      
      12. hauled liquid waste;      
      13. hazardous industrial waste;      
      14. hazardous waste chemicals;      
      15. ignitable waste;      
      16. material discharged from a groundwater remediation system;      
      17. motor oil;      
      18. nuclear waste;      
      19. organic solvents;      
      20. paint;      
      21. pathological waste;      
      22. PCB's      
      23. pesticides      
      24. reactive waste;      
      25. severely toxic waste;      
      26. sewage;      
      27. sludge;      
      28. solvent extractable matter of animal, vegetable origin, mineral or synthetic origin;      
      29. waste disposal site leachate;      
      30. waste water from an industrial operation;      
      31. a substance from raw materials, intermediate or final product, used or produced in, through or from an industrial process;      
      32. a substance used in the operation or maintenance of an industrial site;      
      33. contaminants from the raw materials, intermediate or final products or wastewater from an industrial operation;      
      34. E.coli colonies in excess of 200 per 100ml;      
      35. matter containing a concentration, expressed in milligrams per litre, in excess of any one or more of the limits in Table 2 entitled "Limits for Storm Sewer Discharge" of Schedule "A" of this by-law except where:
          1. the discharge of matter containing concentrations of total suspended solids in excess of 15 mg/l occurs after erosion and sediment control guidelines which have been approved by the City have been implemented; or 
          2. The owner or operator of the premises has written approval from the General Manager for a Best Management practices plan (BMP); or
          3. The discharge results solely from:
             1. street cleaning which has been authorized by the City;
             2. hydrant flushing which has been authorized by the City;
             3. extinguishing fires; 
2. A person may be required, upon receipt of notice from the General Manager, to complete one or more of the following activities as stated in the notice addressing stormwater from the premises:
   1. a study on stormwater quality and / or quantity;
   2. modification and / or construction of stormwater facilities;
   3. development and implementation of a best management practices plan (BMP);
   4. adoption and implementation of pollution prevention techniques or measures; or 
   5. any other requirements as specified by the City. 
3. The provisions of subsections (1) and (2) shall only apply to the discharge of stormwater runoff from industrial premises to a storm sewer or to any discharge to a storm sewer, to which the matter prohibited by subsection (1) has been added for the purpose of disposing of the matter.

Section 07 - Liquid Waste Transported to Sewage Works

1. Except as permitted by this section, the disposal of hauled liquid waste to the sewage works is prohibited.  
2. No person shall dispose of hauled liquid waste to the sewage works without having first procured an annual permit.  
3. A carrier must submit to the General Manager an application for an annual permit on the form provided by the General Manager.  
4. Upon the application for an annual permit by the carrier and payment by the carrier of the annual permit fee, the General Manager may issue an annual permit.  
5. The General Manager shall establish by annual permit the conditions for discharge and disposal of hauled liquid waste at the sewage works and the expiry of the annual permit.  
6. A carrier with a valid annual permit shall:    
   1. deliver and dispose of hauled liquid waste in accordance with the procedures for discharge that may be set from time to time by the City;    
   2. comply with all conditions of the annual permit;    
   3. pay fees for the disposal of hauled liquid waste, based on type of material, concentration or volume, as set forth in Schedule "B" to this by-law;    
   4. provide, on request of the General Manager, samples of the hauled liquid waste or analysis of such samples or both, prior to the discharge of the hauled liquid waste;    
   5. submit, prior to disposal of hauled liquid waste, manifests on the form issued by the General Manager, each part of which has been accurately completed for that load of hauled liquid waste, unless otherwise directed by the General Manager; and    
   6. equip vehicles identified in the annual permit with automated access tags in accordance with the conditions of use established by the General Manager.  
7. The General Manager may:    
   1. revise a valid annual permit issued to a carrier upon submission of an application and payment of a fee as set forth in Schedule "B" to this by-law;    
   2. at any time collect samples of the hauled liquid waste for analysis;    
   3. refuse to issue an annual permit or revise an annual permit if, among other things, the information provided on the application form is deficient or incorrect, the hauled liquid waste to be transported to the sewage works is prohibited, the annual permit fee has not been paid or the carrier has failed to comply with the conditions of an annual permit;    
   4. establish, from time to time, application forms for annual permits, manifest forms for disposal of hauled liquid waste, and procedures relating the discharge and disposal of hauled liquid waste;    
   5. cancel an annual permit if the carrier fails to comply with the conditions of an annual permit or fails to comply with the provisions of this Section;    
   6. exempt a carrier from the requirement to equip vehicles with automatic access tags under conditions to be determined by the General Manager, upon receipt of a written request from the carrier;    
   7. require the carrier or generator of the hauled liquid waste to enter into an agreement pursuant to Section 9 of this by-law for the disposal of certain types of hauled liquid waste.  
8. Hauled sewage from a domestic source is exempt from the requirement not to exceed one or more of Table 1 "Limits for Sanitary and Combined Sewers Discharge" as set forth in Schedule "A", provided the hauled sewage does not contain:    
   1. industrial sewage;    
   2. fuel;    
   3. ignitable waste;    
   4. hazardous waste chemicals;    
   5. hazardous industrial waste;    
   6. reactive waste;    
   7. pathological waste; or    
   8. severely toxic waste.  
9. Hauled liquid waste generated outside the City that is transported to a transfer station within the City and subsequently transported to the sewage works for disposal shall be deemed to be waste generated outside the City for the purpose of payment of fees as set out in Schedule "B" to this by-law, and shall be manifested as such.  
10. Despite the provisions of this section, the owner or operator of a recreational vehicle may discharge hauled liquid waste at the sewage works in accordance with the policies and procedures relating to the discharge and disposal of hauled liquid waste prescribed by the General Manager.

Section 08 - Reporting and Self-Monitoring Requirements

1. Upon request of a Compliance Officer, all owners or operators of industrial premises with connections to a sewage works or making use of any kind of sewage works shall provide the following information:    
   1. the name and address of the premises, the names of its owner and operator, a telephone number or other means by which the owner and operator can be contacted;    
   2. description of process operations, including waste discharge rates and contaminant concentrations, and hours of operation;    
   3. the names of all raw materials, products, by-products, waste and any other substance or material that is used, produced, discharged or emitted from such premises;    
   4. the generator registration number, if any, assigned with respect to the premises under Regulation 347, along with the waste classes for which the registration was been obtained;    
   5. the types, volumes, concentrations and frequency of discharge of all substances or materials;    
   6. the dimensions, specifications and location of all drainage connections to the sewage works;    
   7. the dimensions, specifications and location of all manholes constructed pursuant to this by-law;    
   8. the specifications of all drainage lay-out plans;    
   9. the types of industrial processes, neutralization processes and systems, ion exchange systems, heavy metal absorption systems, on-site treatment facilities and all other processes occurring prior to the discharge of any substance or material into any sewage works; and    
   10. all other information, in the opinion of the Compliance Officer, is reasonable and necessary for the proper treatment and efficient operation and monitoring of sewage works.  
2. Where a change occurs in the information submitted pursuant to subsection (1), the industry shall submit the new information to the Compliance Officer within 60 days of the change.  
3. The industry shall complete, any monitoring or sampling of any discharge to a sewage works, as required by the Compliance Officer, and provide the results to the City in accordance with written notification from the City.  
4. A Compliance Officer may require that samples obtained for self-monitoring be analyzed by an accredited laboratory.  
5. The information provided to the City will be in a format acceptable to the Compliance Officer.  
6. The obligations set out in or arising out of this section of this by-law shall be completed at the expense of the industry or the person carrying out the obligation.

Section 09 - Agreements 

1. Subject to subsections (2) and (3), the discharge or deposit of sewage that would otherwise be prohibited by this by-law may be permitted into or in any connection to any sanitary sewer or combined sewer to an extent fixed by agreement with the City on such terms and conditions as set out in this by-law including conditions relating to the control of the quantity and quality of the discharge, the protection of the sewage works, payment of discharge and administrative fees or sewer rates as set out in Schedule "B" of this by-law to compensate the City for its additional costs of operation, repair, and maintenance of the sewage works, and on other terms and conditions as may be deemed appropriate by the City or General Manager.  
2. The agreement referred to in subsection (1) may be one or more of the following:    
   1. a special discharge agreement may only be entered into for the discharge of the following parameters in sewage: suspended solids, biochemical oxygen demand, phenolic compounds (4AAP), total phosphorous, Kjeldahl nitrogen, or any combination thereof;    
   2. a sanitary sewer agreement may be entered into for the discharge of sewage which contains water that has originated from a source other than the City's water distribution system;    
   3. a leachate agreement may be entered into for the discharge of waste disposal site leachate;    
   4. a sludge agreement may be entered into for the discharge of sludge that meets certain criteria, as established by the City, from time to time.  
3. The agreements shall be generally in the form designated by the City from time to time. The General Manager shall be authorized to execute the agreements contemplated in subsection (2) on behalf of the City in the form designated by the City.  
4. A person who has entered into an agreement with the City in accordance with this section shall not be prosecuted under section 4 of this by-law for the discharge or deposit of sewage containing the matters specified in the agreement during the period within which the agreement is applicable and so long as the agreement is fully complied with.  
5. The agreements contemplated by subsection (2) may be terminated by the City by written notice at any time where there is an emergency situation of immediate threat or danger to any person, property, plant or animal life, waters or sewage works.  
6. The agreements contemplated by subsection (2) may be terminated by the City at any time on 30 days written notice if the discharge of any matter covered by such agreement contravenes clause (a) of subsection 4(1) or without assigning any cause.  
7. Where a common sewer service pipe connects different industrial premises to the sewage works and only one test manhole is maintained pursuant to this by-law, the results of monitoring performed on samples collected from such manholes shall be used to determine any overstrength fees or sewer rates, unless otherwise approved by the General Manager.  
8. A permit may be issued by the General Manager to the City's departments, commissions or local boards where the provisions of this section provide that the General Manager may enter into an agreement and such permit shall set out the conditions for any discharge or deposits as would otherwise be set out by agreement.

Section 10 - Compliance Program

1. An industry may submit to the General Manager a proposed compliance program setting out activities to be undertaken by the industry that would result in the prevention or reduction and control of the discharge or deposit of matter from the industry's premises into municipal or private sewer connections to any sanitary sewer or combined sewer.  
2. An industry may submit to the General Manager a proposed compliance program setting out activities to be undertaken by the industry that would result in the prevention or reduction and control of the discharge or deposit of uncontaminated water, or stormwater from the industry's premises to eliminate the discharge of matter into municipal or private sewer connections to any storm sewer.  
3. Upon receipt of an application pursuant to subsections (1) or (2) above, the General Manager may issue an approval for a compliance program to the industry to discharge an effluent that does not comply with a limit set out in Schedule "A" of the by-law. Such approval is to be in accordance with guidelines therefore adopted by the City from time to time. The industry shall be entitled to make non-complying discharges in the amount and only to the extent set out in the General Manager's approval during the planning, design, and construction or installation of facilities or works needed to implement the approved compliance program.  
4. A person who has entered into an agreement with the City in accordance with this section shall not be prosecuted under section 4 of this by-law for the discharge or deposit of sewage containing the matters specified in the agreement during the period within which the agreement is applicable and so long as the agreement is fully complied with.  
5. Every proposed compliance program shall be for a specified length of time during which treatment facilities are to be installed, and shall be specific as to the remedial actions to be implemented by the industry, the dates of commencement and completion of the activity, and the materials or other characteristics of the matter to which it relates and shall provide for the payment of fees as set out in Schedule "B" to this by-law. The final activity completion date shall not be later than the final compliance date in the compliance program.  
6. The industry to which a compliance program approval has been issued shall submit a compliance program progress report to the General Manager within 14 days after the scheduled completion date of each activity listed in the approved compliance program.  
7. The General Manager is authorized to execute agreements with industries with respect to approved compliance programs which agreements may, in accordance with guidelines adopted by the City from time to time, include a provision for a reduction in the payment of fees otherwise required from the industry to the City pursuant to a special discharge agreement. The reduction in payment to the City may be in such an amount and for such duration as the agreement may specify.  
8. The General Manager may terminate any approved compliance program agreement entered into pursuant to subsection (6) at any time on 30 days written notice to the industry in the event that the industry fails or neglects to carry out or diligently pursue the activities required of it under its approved compliance program, and in the event of such termination, the industry shall pay to the City the full difference in amount between what it was required to pay to the City pursuant to a special discharge agreement, and the amount actually paid to the City as a result of having entered into an agreement with respect to the approved compliance program.  
9. A compliance program contemplated by this section may be terminated by the General Manager by written notice at any time where there is an emergency situation or immediate threat or danger to any person, property, plant or animal life, or waters  
10. A permit may be issued by the General Manager to the City's departments, commissions or local boards where the provisions of this section provide that the General Manager may enter into a compliance program and such permit shall set out the conditions for any discharge or deposits as would otherwise be set out by an approved compliance program.

Section 11 - Sampling and Analytical Requirements

1. The sampling and analysis required by this by-law shall be carried out in accordance with the procedures, modified or unmodified, as described in Standard Methods, the Ministry of Energy and the Environment and Energy publication entitled "Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater" dated August, 1994, the United States Environmental Protection Agency methods or analytical methods adopted by the City.  
2. Compliance or non-compliance with this by-law may be determined by the analysis of a grab sample or a composite sample done in accordance with subsection (1) above. A sample may contain additives for its preservation and may be collected manually or by using an automatic sampling device.

Section 12 - Spills

1. In the event of a spill to a sewage works, the person responsible or the person having the charge, management and control of the spill shall immediately notify the City and provide any information with regard to the spill that is requested.  
2. The person shall provide a detailed report on the spill to the City within five days after the spill, containing the following information to the best of their knowledge:    
   1. location where the spill occurred;    
   2. name and telephone number of person who reported the spill and the location and time where they can be contacted;    
   3. name of the person who discharged or deposited, or who is believed to have discharged or deposited, the material to the sewage works;    
   4. date and time of spill;    
   5. material spilled;    
   6. characteristics of material spilled;    
   7. volume of material spilled;    
   8. duration of spill event;    
   9. work completed or still in progress in the mitigation of the spill; and    
   10. preventative actions being taken to ensure a similar spill does not occur again.  
3. The person responsible for the spill or the person having the charge, management and control of the spill shall do everything reasonably possible to contain the spill, protect the health and safety of citizens, minimize damage to property, protect the environment, clean up the spill and associated residue and restore the affected area to its condition prior to the spill  
4. Where the person responsible for the spill or the person having the charge, management and control of the spill fails or neglects to carry out or diligently pursue the activities required of it in subsection (3) of this by-law, the City may take such measures as they deem appropriate to contain the spill, protect the health and safety of citizens, minimize damage to property, protect the environment, clean up the spill and associated residue and restore the affected area to its condition prior to the spill and recover any associated costs from the person responsible for the spill and/or the person having the charge, management and control of the spill.

Section 13 - Manholes

1. The owner or operator of industrial premises, or multi-storey residential buildings with one or more connections to a sewage works shall install and maintain in good repair in each connection a suitable manhole to allow observation and sampling, and flow measurement of the sewage, uncontaminated water or stormwater therein, provided that where installation of a manhole is not possible, an alternative device or facility may be substituted with the prior written approval of the General Manager.  
2. The manhole or alternative devices shall be located on the property of the owner or operator of the premises, as close to the property line as possible, unless the General Manager has given prior written approval for a different location.
3. Each manhole, device or facility installed as required by this section shall be designed and constructed in accordance with good engineering practice and the requirements of the municipal standard, as established by the City from time to time, and shall be constructed and maintained by the owner or operator of the premises at their expense.  
4. The owner or operator of the industrial premises or multi-storey buildings shall at all time ensure that every manhole, alternative device or facility installed as required by this subsection is accessible at all times for the purposes of maintaining, observing, sampling, and flow measurement of the sewage, uncontaminated water or stormwater therein.  
5. If the owner or operator of the industrial premises or multi-story building fails to install a manhole or alternate device, the General Manager, by notice in writing, may require the owner or operator of the premises to pay to the City that amount of money which the General Manager deems necessary to cover the cost of constructing and installing a manhole or alternate device an upon receipt of such notice, the owner or operator of the premises shall forthwith pay such amount to the City.

Section 14 - Monitoring Devices

1. The City may require the owner or operator of industrial premises or multi-storey residential buildings to install and maintain devices to monitor the discharge of matter, sewage, uncontaminated water or stormwater and to submit to the City regular reports regarding the discharges.  
2. A discharge of matter or sewage to a single private sewer connection from a premises with two or more separate businesses serviced by a single water service will be considered as being released by the person responsible for the payment of the City of Ottawa Water Services Utility bill for that water meter.  
3. A discharge of matter or sewage to a single private sewer connection from a premises with two or more separate businesses, each serviced by separately metered water services will be considered as being released from each of the separate businesses, in proportion to the separate business' water consumption, unless it is shown to the satisfaction of the General Manager, by the owner or operator of the premises, that:    
   1. the portion of the material or sewage that is overstrength, or in violation of this by-law, is being released from only one of the businesses serviced by a separate metered water service on the premises; and    
   2. the material or sewage released from that business can be monitored separately from the other businesses.

Section 15 - Interceptors

1. The owner or operator of any premises in which there is commercial or institutional food preparation shall install a grease and oil interceptor on all fixtures to prevent the release of oil and grease directly or indirectly to a sewer.  
2. The owner or operator of any premises in which vehicles or equipment are serviced, repaired or washed shall install grease, oil, or sand interceptors on all fixtures to prevent the release of grease, oil or sand directly or indirectly to a sewer.  
3. All interceptors shall:    
   1. be of sufficient capacity and appropriate design to intercept natural oil and grease, synthetic or petroleum oil and grease, gasoline, sand or other sediment likely to flow into it under peak flow conditions;    
   2. be located to be readily and easily accessible for cleaning and inspection;    
   3. be constructed of impervious materials capable of withstanding abrupt or extreme changes in temperature;    
   4. (d) be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight, except when the intercepting trap is for sand only the cover need not be gastight and watertight; and    
   5. be maintained by the owner, at the owner's expense, in continuously efficient operation at all times.  
4. Where an interceptor has been installed:    
   1. the owner or operator is required to produce maintenance records for the preceding eighteen (18) month period on request by a Compliance Officer; and    
   2. a Compliance Officer shall have the right to enter upon the premises at any time to inspect its operation and maintenance.

Section 16 - Dental Waste Amalgam Separator

1. The owner or operator of any premises in which dentistry is practiced, shall install, operate and properly maintain a certified amalgam separator on all fixtures to prevent the release of dental amalgam directly or indirectly to a sewer by no later than January 1, 2005, except where:    
   1. The dental practice consists only of one of the following dental specialties, as defined in the Canada-wide Standard on Mercury for Dental Amalgam Waste:      
      1. Orthodontics and Dentofacial Orthopedics;      
      2. Oral and Maxillofacial Surgery;      
      3. Oral Medicine and Pathology;      
      4. Oral and Maxillofacial Radiology;      
      5. Periodontics; or    
   2. The dental practice consists solely of visits by a mobile dental practitioner who prevents any dental amalgam from being released directly or indirectly to the sewage works.  
2. Despite subsection (1), any person operating a business from which dental amalgam is or will be discharged directly or indirectly to a sewer, at premises which are constructed or substantially renovated on or after the date that this by-law comes into force, shall install, operate and properly maintain dental amalgam separator(s) in any piping system which is connected directly or indirectly to a sewer.

Section 17 - Garbage Grinders

No person shall install or operate within the City any garbage grinding devices, the effluent from which will discharge directly or indirectly into the sewage works.

Section 18 - Swimming Pools

1. No person shall discharge wastewater from a swimming pool or wading pool:    
   1. such that it flows directly or indirectly to a storm sewer or storm drainage system;    
   2. such that it flows onto an adjoining property;    
   3. such that it flows over a valley or ravine wall; or    
   4. such that it may cause erosion or instability of the valley or ravine slope.  
2. Wastewater from a swimming or wading pool shall either be transported away by an appropriately licensed waste hauler or be discharged either by way of a temporary connection to the sanitary sewer or by way of controlled discharge to the owner's property such that the discharge is at all times contained within the property until it evaporates or infiltrates into the ground.

Section 19 - Right of Entry

1. No person shall prevent, hinder, obstruct or interfere in any way with the General Manager or a Compliance Officer and persons deemed, by the General Manager, to be essential to an inspection and sampling, bearing proper credentials and identification from,    
   1. entering in or upon, at any reasonable time without notice or a warrant, any land or premises, except land or premises being used as a dwelling house;    
   2. making such tests or taking such samples as the General Manager or a Compliance Officer deems necessary;    
   3. inspecting or observing any plant, machinery, equipment, work, activity, or documents;    
   4. making inquiries and taking photographs; for the purposes of administering or enforcing this by-law.  
2. Any person who hinders or obstructs a Compliance Officer with carrying out tests under and enforcing the provisions of this by-law, is guilty of an offence.  
3. Any person who knowingly provides false information in any report or return required under this by-law or who willfully withholds information required under this by-law, is guilty of an offence.  
4. Notwithstanding subsection (1), a Compliance Officer may obtain an Order or a Warrant to obtain any information deemed necessary to assess compliance with this by-law.

Section 20 - Protection from Damage

No person shall uncover, open into, break, alter, damage, destroy, deface or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering with any permanent or temporary device installed in a sewage works for the purposes of flow measuring, sampling and testing of matter, sewage, uncontaminated water or stormwater.

Section 21 - Damage to the Sewer Works

Any person discharging matter, sewage, uncontaminated water, or stormwater to the municipal sewage works shall be responsible for ensuring that such matter, sewage, uncontaminated water, or stormwater conforms at all times to the provisions of this by-law, and shall be liable for any damage or expense arising out of any failure to properly check and control such discharge, including the cost of investigation, repairing, cleaning or replacing any part of any municipal sewage works damaged thereby.

Section 22 - Offences

1. Every person, other than a corporation, who contravenes any provision of sections 4, 5, or 6, is guilty of an offence and on conviction is liable to a fine of not more than Ten Thousand ($10,000) Dollars for a first offence and not more than Twenty-Five Thousand ($25,000) Dollars for any subsequent conviction.  
2. Every corporation which contravenes any provision of sections 4, 5, or 6 is guilty of an offence and on conviction is liable to a fine of not more than Fifty Thousand ($50,000) Dollars for a first offence and not more than One Hundred Thousand ($100,000) Dollars for any subsequent conviction.  
3. Notwithstanding subsections (1) and (2), every person who contravenes any provision of any other section of this by-law, is guilty of an offence and on conviction is liable for every day or part thereof upon which such offence occurs or continues to a fine of not more than $5,000 as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended.  
4. In this by-law, a subsequent conviction means a conviction for an offence which offence occurs after the date of conviction for an earlier offence under this by-law or any of its predecessors.  
5. When a person has been convicted of an offence under this by-law,    
   1. the Ontario Superior Court of Justice (Provincial Division) of the City of Ottawa, or    
   2. any court of competent jurisdiction thereafter, may, in addition to any penalty imposed on the person convicted, issue an Order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.

Section 23 - Repeal

1. The following by-laws or portions of by-laws of the old municipalities are repealed:    
   1. Part 5.2 "Sewers, Sewage Works and Control of Discharges" of By-law 252 of 1998 of the old Regional Municipality of Ottawa-Carleton;    
   2. Part 5.4.7 "Provision of Grease, Oil and Sand Interceptors in Connections to Regional Sewers" of By-law 252 of 1998 of the old Regional Municipality of Ottawa-Carleton;    
   3. Sections 3, 27, 28, 29, 29A, 30, 31, 32, 33, and 34 of By-law 163-73 of 1999 of the old Corporation of the City of Ottawa,    
   4. By-law 60-67 of 1967 of the old Corporation of the Township of Nepean,    
   5. Section 15 of By-law 53-16 of 1953 of the old Village of Rockliffe Park,    
   6. Sections 3(5), 9, and 11 of By-law 50 of 1997 of the old Corporation of the Township of West Carleton,    
   7. Sections 3, 20, 22, 23, 24, 25, 26, 27, 28 and 29 of By-law 3354 of the old Corporation of the City of Vanier,    
   8. Sections 4(b) and 4(c) of By-law 82-86 of 1989 of the old Corporation of the City of Kanata,    
   9. Sections 9, 21, 23, 24, 25, 26, 27, 28, 29, 30, and 31 of By-law 21 of 1984 of the old Corporation of the City of Gloucester, and    
   10. Sections 3, 27, 28, 29, 30, 31, 32, 33, 34, and 35 of By-law 59-87 of 1988 of the old Corporation of the Township of Goulbourn.

Section 24 - Transition

Despite Section 23, special discharge agreements, sanitary sewer agreements, leachate agreements, compliance programs, liquid material permits, and permits entered into by the former Regional Municipality of Ottawa-Carleton, and in effect immediately prior to the passage of this by-law, remain in force in accordance with their terms and conditions.

Section 25 - Effective Date

This by-law comes into force on January 1, 2004.

Section 26 - Short Title

This by-law may be referred to as the "Sewer-Use By-law".    

ENACTED AND PASSED this first day of January, 2003.