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Sewer Use By-law

This by-law is a digital reproduction made available for information purposes only. It is not an official version of the by-law and not an exact reproduction.

Submit a request to the Clerks Division to obtain copies of the official by-laws.

For by-law enforcement-related inquiries or complaints please contact Municipal Law Enforcement at 905-318-5932 or submit a request online.

By-law number: 1443-14

Enacted: May 20, 2014

County service area: Environmental Operations


Being a by-law to regulate the discharge of water, wastes and and other matter into the sanitary sewer, storm sewers and natural environment within Haldimand County.


  1. Definitions
  2. General Provisions
  3. Application
  4. Administration and Enforcement
  5. Discharges to Sanitary Sewer
  6. Discharges to Storm Sewer
  7. Sewer Connections
  8. Interceptors
  9. Sampling and Analysis
  10. Monitoring Manholes
  11. Agreements
  12. Compliance Program
  13. Alternate Wastewater Discharge Billing Methodology
  14. Swimming Pools
  15. Spills
  16. Confidendial Information
  17. Offences
  18. Exceptions
  19. Appeals
  20. Severability
  21. Repeal
  22. Coming into Force
  23. Schedules

1. Definitions

For the purposes of this by-law, the following shall have the corresponding meanings:

a.  “abnormal discharge” means a discharge of a pollutant deemed to be in a quantity or with a quality not typical or much greater than the normal;

b.  “accredited laboratory” means any laboratory accredited under the Canadian Association of Environmental Analytical Laboratories (CAEL) or by an authorized accreditation body in accordance with a standard based on “CAN-P-1585: Requirements for the Accreditation of Environmental Testing Laboratories” established by the Standards Council of Canada, as amended, or “ISO/IEC/EN 17025: General Requirements for Competence of Calibration and Testing Laboratories” established by the International Organization for Standardization;

c.  “actual concentration” means the concentration of a parameter or contaminant determined for a specific billing period by the method identified in the associated Sanitary Discharge Agreement;

d.  “adverse effect” means

    1. Impairment of the quality of the natural environment for any use that can be made of it;
    2. Injury or damage to property or to a plant or animal life;
    3. Harm or material discomfort to any person;
    4. Impairment of the safety of any person;
    5. Rendering any property or plant or animal life unfit for human use;
    6. Loss of enjoyment for normal use of property; and
    7. Interference with the normal conduct of business;

e.  “allowable concentration” means the concentration limit for a parameter or contaminant  as specified in Schedules A, B and C of this by-law;

f.  “annual average day flow” means the total flow for a calendar year divided by 365 days (or 366 days in the event of a leap year);

g.  “biochemical oxygen demand” means the five-day BOD which is the determination of the molecular oxygen utilized during a five-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, and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods;

h.  “biomedical waste” means biomedical waste as defined in the Ontario Ministry of the Environment Guideline C-4 entitled “The Management of Biomedical Waste in Ontario” dated April 1994, as amended from time to time;

i.  “biosolids” means stabilized organic solid material recovered from the sewage treatment process;

j.  “blowdown water” means re-circulating 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;

k.  “by-law enforcement officer” means a person designated by Council as an enforcement officer for the purposes of enforcing this by-law;

l.  “certificate of approval” means an approval authorized by the Ministry of the Environment;

m.  “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 as defined in the regulations under the Transportation of Dangerous Goods Act, 1992, S.C. 1992, as amended;

n.  “commercial waste chemical” means a material which is a commercial waste chemical within the meaning of Ontario Regulation 347, as amended from time to time, made under the Environmental Protection Act, R.S.O. 1990, c. E.19 (EPA);

o.  “composite sample” means a volume of wastewater, stormwater, uncontaminated water, clear-water or effluent made up of three or more grab samples that have been combined automatically or manually and taken at intervals during the sampling periods;

p.  “compliance program” means a program in which a non-compliant company enters into as part of a Sanitary Discharge Agreement with the County in order to give the company a specified amount of time to achieve compliance with this by-law;

q.  “connection” or “drain” means that part or those parts of any pipe or system of pipes leading directly to a Sewage Works;

r.  “contaminate” means any solid, liquid, gas, odour, heat, vibration, sound, radiation or any combination of them resulting directly or indirectly from human activities that may cause an adverse effect;

s.  “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 and has not had any treatment chemicals added, and does not include blowdown water;

t.  “County” means The Corporation of Haldimand County;

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

v.  “discharge” when used alone as a verb, includes add, deposit or emit and, when used alone as a noun, includes addition, deposit, or emission;

w.  “domestic wastewater” means wastewater that is the composite of liquid and water-carried wastes associated with the use of water for drinking, cooking, cleaning, washing, hygiene, sanitation or other domestic purposes, but does not include disposal of unused waste consumer products, including pharmaceuticals, or other household wastes which can be otherwise collected including, but not limited to, oil and grease of animal and vegetable origin;

x.  “fuel” includes any ignitable liquid intended for use as a fuel with a flash point less than  61 degrees Celsius determined by one of the methods in Ontario Regulation 347 and gasoline, naphtha, diesel fuel, or fuel oil;

y.  “General Manager” means the General Manager of Public Works with The Corporation  of Haldimand County, or his or her designate;

z.  “grab sample” means a discrete sample taken from a discharge or a composite of multiple discrete samples taken from a discharge no more than 15 minutes apart;

aa.  “hauled sewage” means wastewater removed from a septic tank system, a cesspool, a  privy vault or privy pit, a chemical toilet, a portable toilet, a sewage holding tank or any other sewage system of a type regulated under the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended;

bb.  “hauled waste” means any non-hazardous liquid industrial waste which is transported to  and deposited into any location in the County’s sewage works excluding, hauled sewage;

cc.  "hazardous industrial waste” means hazardous industrial waste within the meaning of Ontario Regulation 347, as amended, made under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended;

dd.  “hazardous waste chemical” means hazardous waste chemical within the meaning of Ontario Regulation 347, as amended, made under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended;

ee.  “ignitable waste” means an ignitable waste within the meaning of O. Reg. 347, as amended from time to time;

ff.  “industrial” shall mean of or pertaining to industry, manufacturing, commerce, trade, commercial business or institutions as distinguished from domestic or residential;

gg.  “industrial waste” means all water-carried wastes and wastewaters, excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where wastewater discharged includes quantities of wastes of non-human origin;

hh.  “kjeldahl nitrogen” means organic nitrogen as determined by Standard Methods;

ii.  “lateral” and “lateral connection” means the drainage pipe, connected to the sewer system which is designed to carry sewage from the premises and includes the pipes on private property usually referred to as the building sewer;

jj.  “monitoring manhole” means an access point in a sewer connection to allow for observation, sampling and flow measurement of the sewage, uncontaminated water or stormwater therein;

kk.  “matter” includes any solid, liquid or gas;

ll.  “municipal sewer” means any sewer or sewerage works which is owned and controlled by the County;

mm.  “municipal sewer connection” means that point where the private sewer connects to the sewage works located within the public road allowance, or other public lands or public land interests (easements);

nn.  “owner” or “operator” means the person who owns a premise or property or operates any facility or activity which is subject to the provisions of this by-law;

oo.  “pathological waste” means pathological waste within the meaning of Ontario Regulation 347 as amended from time to time, made under the Environmental Protection Act, R.S.O. 1990, c. E.19 (EPA);

pp.  “PCB” means any monochlorinated or polychlorinated biphenyl or any mixture of them or any mixture that contains one or more of them within the meaning of O.Reg. 352 as amended from time to time;

qq.  “performance incentive program” means a program that permits those companies with a valid SDA, an approved Compliance Program and operate a Pre-Treatment System on- site to be exempt from over-strength fees, for a particular month provided that the performance incentive program targets identified in Schedule A are achieved for that month;

rr.  “person” includes an individual, association, partnership, corporation, municipality, or an agent or employee thereof;

ss.  “pesticides” means a pesticide regulated under the Pesticides Act, R.S.O. 1990, c. P. 11;

tt.  “pH” means a logarithm to the base 10 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution as determined in accordance with Standard Methods;

uu.  “phenolic compounds” means those hydroxyl derivatives of benzene, or its condensed nuclei, which can be identified by the 4-Aminoantipyrene method in accordance with Standard Methods;

vv.  “pollutant” means a contaminant other than heat, sound, vibration, or radiation and includes any substance from which a pollutant is derived;

ww.  “pre-treatment” is the reduction, elimination or alteration of pollutants in wastewater prior to discharge into the sanitary sewer. This reduction or alteration can be obtained by physical, chemical, or biological processes and does not include diluting the concentration of the pollutants;

xx.  “private storm drain” means a system of gutters, tiles, pipes, basins and/or sump pumps used for conveying rain water, subsurface water or other similar discharges to a point of disposal;

yy.  “reactive waste” means a material which is a reactive waste within the meaning of Ontario Regulation 347 as amended from time to time, made under the Environmental Protection Act, R.S.O. 1990, c. E.19 (EPA);

zz.  “roof leader” or “downspout” means a pipe inside or outside of a building that conveys stormwater from the roof of a building to a place for disposal;

aaa.  “sanitary discharge agreement” means an agreement where discharges that would otherwise be prohibited by this by-law would be allowed to an extent fixed by the agreement in exchange for payment to compensate the County for additional costs of operation, repair, replacement or maintenance of the sewage works;

bbb.  “sanitary sewer” means a sewer owned, operated and maintained by the County for the collection and transmission of domestic, commercial, institutional and industrial sewage or any combination thereof;

ccc.  “sewage” means any liquid, solid or gas containing organic, inorganic, animal, vegetable or mineral matter in solution or in suspension but does not include stormwater or uncontaminated water;

ddd.  “sewage works” means any works or facilities owned, operated and maintained by the County for the collection, transmission, treatment or disposal of sewage, stormwater or uncontaminated water, including a municipal sewer connection, a storm sewer or a sanitary sewer, but does not include plumbing or other works to which the Building Code Act, 1992, S.O. 1992, c. 23, as amended, applies;

eee.  “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 Pollution Control Federation, latest edition or any successor thereof, or a procedure published by the Ontario Ministry of the Environment as a standard method or the equivalent of a standard method;

fff.  “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 that is the responsibility of the County;

ggg.  “stormwater” means water from rainfall, other natural precipitation, drainage or from the melting of snow or ice;

hhh.  “sub-surface water” means groundwater including foundation drain water;

iii.  “suspended solids” means small solid particles which remain in suspension in water as a colloid or due to the motion of the water;

jjj.  “uncontaminated water” means potable water as supplied by the County or any other  water with a level of quality that is typical of potable water to which no matter has been added as a consequence of its use;

kkk.  “Water and Wastewater Fees and Services Charges by-law” means a by-law enacted by the County pursuant to the provisions of the Municipal Act which enable a municipality to impose fees and charges;

lll.  “waste disposal site leachate” means the liquid containing dissolved or suspended contaminants which emanates from the waste and is produced by water percolating through the waste or by liquid in the waste;

mmm.  “wastewater treatment facility” means any structure or thing used for the physical, chemical, biological or radiological treatment of wastewater, and includes sludge treatment, wastewater sludge storage and disposal facilities;

nnn.  “watercourse” means an open channel, ditch or depression either natural or artificial, in which flow of water occurs either continuously or intermittently.

2. General Provisions

1.  The purpose of this by-law is to provide for the protection and conservation of the natural environment, water and sewage works within Haldimand County.

2.  No person shall discharge or permit the discharge into a sanitary sewer, storm sewer or land drainage of any pollutant, in an amount, concentration or level in excess of that authorized by this by-law.

3.  Despite any other provisions of this by-law, no person shall discharge or cause or permit the discharge of a pollutant into the sanitary sewer, storm sewer or land drainage that causes or is likely to cause an adverse effect.

4.  No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment, which is part of the County’s sewage works.

5.  Any person discharging sewage, stormwater or water originating from a source separate from the County’s water distribution system to the County’s sewage works shall be responsible for ensuring that such discharge conforms at all times to the provisions of this by-law and shall be liable for any damage or expense arising out of his or her failure to properly check and control such discharge, including the cost of investigation, repairing or replacing any part of any municipal sewage works damaged thereby, for any damages or injury to any person or property caused by such discharge and for any fines received by the County from Regulatory agencies as a result of discharged effluent from the receiving wastewater treatment facility that exceeds any limits within its current Certificate of Approval as issued by the Ontario Ministry of the Environment.

3. Application

1.  Nothing in this by-law shall be interpreted so as to permit anything which by the provision of any applicable federal or provincial Act or Regulation is prohibited.

2.  Where there is a conflict between the provisions of this by-law and the provisions of a federal or provincial Act or Regulation, the provisions of the applicable Act or Regulation are to prevail.

3.  Where there is a conflict between the provisions of this by-law and another by-law of the County, the provision that is the most restrictive shall prevail.

4. Administration and Enforcement

1.  The General Manager of Public Works shall be responsible for the administration and enforcement of this by-law.

2.  Council may enact a by-law appointing By-law Enforcement Officers for the purpose of the enforcement of this by-law.

3.  The General Manager, a By-law Enforcement Officer or any representative of an appropriate authority having jurisdiction, may at all reasonable times, inspect or cause to be inspected any land, building or equipment for the purposes of enforcing this by-law, determining compliance with the terms and conditions of a Sanitary Discharge Agreement under this by-law.

4.  The County has the authority to carry out inspections reasonably required to ensure compliance with this by-law, including but not limited to:

    1. Inspecting, observing, sampling and measuring the flow in any private,
      1. drainage system,
      2. wastewater disposal system,
      3. stormwater management facility, and
      4. monitoring manhole;
    2. determining wastewater discharge by reading flow measuring devices;
    3. testing flow measuring devices;
    4. taking samples of wastewater, stormwater and subsurface water being released from a premise or flowing within a private drainage system;
    5. performing on-site testing of the wastewater, stormwater and subsurface water within or being released from private drainage systems, pre-treatment facilities and stormwater management facilities;
    6. collecting and analyzing samples of hauled wastewater coming to a discharge location;

5.  A By-law Enforcement Officer may take such steps and employ such assistance as is necessary for the purposes of carrying out the provisions of this by-law and may, when obstructed in doing so, call for the assistance of the police.

6.  No person shall prevent, hinder, obstruct or interfere in any way with the General Manager, a By-law Enforcement Officer or any representative of an appropriate authority having jurisdiction, with the carrying out of his or her duties under this by-law.

7.  Every owner or operator of an industrial premises that proposes new or additional industrial discharge of sewage, stormwater, cooling water, uncontaminated water or any combination thereof, shall submit to the General Manager a “New Discharger Information Report” in the form as set out in Schedule “D” of this by-law.

8.  Every owner or operator of an industrial premise discharging to the sewage works prior to the enactment of this by-law shall submit an “Existing Discharger Information Report” in the form as set out in Schedule “E” of this by-law when the General Manager has provided notice to complete the report.

9.  Every person owning or operating an industrial premise discharging to the sewage works shall enter into a “Sanitary Discharge Agreement” in the form as set out in Schedule “F” of this by-law under the following conditions:

    1. The discharge contains contaminates in concentrations that require an Over- Strength Discharge Agreement with the County;
    2. The discharge contains water originating from a source other than the County’s waterworks system.

10.  Every person who discharges hauled sewage at any of the County’s designated Wastewater Treatment Facilities shall apply for and obtain a Hauled Sewage Discharge Permit in the form as set out in Schedule “G” of this by-law.

11.  Fees in relation to applications and other requirements of this by-law shall be as set out in the County’s Water and Wastewater Fees and Services Charges By-law.

12.  Every person shall provide written notification to the County of any change to information provided under this by-law or an agreement made thereunder, within 30 days of the change or within a time period specified in an agreement.

13.  The General Manager or a By-law Enforcement Officer may issue a violation notice to any person discharging any matter or substance into the sewage works contrary to the provisions of this by-law and the violation notice shall specify the contravention and shall require the person receiving the notice to comply with all directives stated in the violation notice. Where a person or owner fails to comply with the notice issued by the General Manager or By-law Enforcement Officer, the matter or thing specified in the notice may be carried out by the County at the person’s expense and the County may recover the expense incurred by action by adding the cost to the tax roll.

14.  Where a person is discharging or permitting a discharge into the sewage works in contravention of any provision of this by-law, the General Manager may, upon written notice to the person or the owner of the lands from which the discharge is occurring, order the land drainage works, sewer connection or County sewer connection to any sewage works carrying the prohibited discharge to be stopped up or disconnected until such time as measures are undertaken satisfactory to the General Manager to eliminate the prohibited discharge.

5. Discharges to Sanitary Sewer

1.  No person shall discharge directly or indirectly or cause or permit the discharge or deposit of sewage or matter of any type or quantity into a sanitary sewer in circumstances where:

a.  to do so may cause or result in,

    1. a health or safety hazard to a person authorized by the General Manager to operate, maintain, or otherwise work in the sewage works;
    2. damage to any part of the sewage works;
    3. the sewage works effluent to contravene any requirement by or under the
    4. Ontario Water Resources Act or the Environmental Protection Act;
    5. the sludge or compost from the sewage works fails to meet the criteria relating to contaminants for utilizing the sludge or compost for beneficial use under Ontario Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Land dated March 1996, as amended from time to time;
    6. impairing or interfering with the proper operation of any part of the sewage works;
    7. a hazard to any person, animal, property or vegetation;
    8. an obstruction or restriction of the flow in the sewage works; or
    9. a nuisance or offensive odour to emanate from the sewage works and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, and nitrogen compounds, trichloroethylene, ketones, sulphur dioxide and other sulphur compounds, formaldehyde, chlorine, bromine, or pyridine in such a quantity as may cause a nuisance or offensive odour.

b.  the sewage contains one or more of the following in any amount:

  1. dyes or colouring materials which pass through sewage works and discolour the sewage works effluent;
  2. combustible liquid;
  3. fuel;
  4. hazardous industrial waste;
  5. reactive waste;
  6. pesticides;
  7. ignitable waste;
  8. radioactive waste;
  9. PCB;
  10. pathological waste, except where all of the following conditions are met:
    1. the  person  has  a  Certificate  of  Approval  issued under the Environmental Protection Act;
    2. the person has written approval from the General Manager which expressly authorizes the discharge from the premises; and
    3. a copy of the Certificate of Approval is provided to the General Manager;
  11. biomedical waste, except where the sewage meets the conditions for the discharge as listed in the Ontario Ministry of Environment Guideline C-4 entitled “The Management of Biomedical Waste in Ontario” dated April 1994, as amended from time to time;
  12. hauled sewage, except where all of the following conditions are met:
    1. the carrier of the hauled sewage is a waste transportation system operating under a license issued under Part VIII or any successor thereof of the Environmental Protection Act;
    2. the carrier has applied for, is operating under and has been approved as required under the County’s Hauled Sewage Discharge Permit;
  13. hauled waste, except where the owner or operator has written approval from the County which expressly authorizes the discharge;
  14. industrial waste generated outside the boundary of Haldimand County, except where the owner or operator has written approval from the County which expressly authorizes the discharge;
  15. waste disposal site leachate, except where all of the following conditions are met:
    1. the waste disposal site leachate is being discharged pursuant to a Certificate of Approval or order under the Environmental Protection Act or the Ontario Water Resources Act, which expressly allows the discharge;
    2. the owner or operator has written approval from the County which expressly authorizes the discharge; and
    3. a copy of the most recent Certificate of Approval has been provided to the General Manager;

c.  the sewage contains two or more liquid layers.

2.  No person shall discharge or cause or permit the discharge into any sanitary sewer connected directly or indirectly with any County sanitary sewer works, sewage volumes that exceed ten percent (10%) of the receiving wastewater treatment facility’s Certificate of Approval for nominal design flow without written approval from the General Manager.

3.  No person shall discharge or deposit or cause or permit the discharge or deposit of any restricted substance which does not meet the concentrations specified for:

    1. conventional contaminants and physical parameters listed in Schedule “A” of this by-law into any sanitary sewer;
    2. for organic contaminants listed in Schedule “B” of this by-law into any sanitary sewer;
    3. inorganic contaminants listed in Schedule “C” of this by-law into any sanitary sewer.

4.  No person shall cause the addition of water or any other material from any source, to be added to sewage for the purposes of dilution in order to achieve compliance with Section 5 of this by-law.

5.  No person shall discharge stormwater, water from drainage of roofs or lands, water from a watercourse, ground water, cooling water or combination thereof, to the sanitary sewer unless the discharge is authorized by the General Manager.

6.  No person shall discharge water originating from a source other than the County’s waterworks system directly or indirectly to a sanitary sewer, unless:

    1. the discharge is expressly authorized by the General Manager in the form of a Sanitary Discharge Agreement; and
    2. the discharge is in compliance with the conditions of the Sanitary Discharge Agreement.

6. Discharges to Storm Sewers

1.  No person shall discharge or deposit or cause or permit the discharge or deposit, directly or indirectly of matter of any type or in any quantity into a storm sewer, or into or in land drainage works, private drains or connections to any storm sewer, which may:

    1. damage a storm sewer;
    2. interfere with the proper operation of a storm sewer;
    3. obstruct or restrict a storm sewer or the flow therein;
    4. result in a hazard or other adverse impact, to any person, animal, property, or vegetation;
    5. impair the quality of the water in any well, lake, river, pond, spring, stream, reservoir or other water or watercourse;
    6. contravene or result in the contravention of an approval, requirement, direction or other order under the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm sewer and/or its discharge;
    7. have one or more of the following characteristics:
      1. two or more separate layers;
      2. a pH less than 6 or greater than 9;
      3. visible film or sheen;
      4. dye or colouring materials or other matter which discolour the water;
      5. a temperature greater than 40 degrees Celsius.
    8. contain one or more of the following in any amount:
      1. hazardous waste chemical;
      2. biomedical waste;
      3. combustible liquid;
      4. floating debris;
      5. fuel;
      6. hauled sewage;
      7. ignitable waste;
      8. nuclear substance;
      9. pathological waste;
      10. PCB;
      11. pesticides;
      12. reactive waste;
      13. sewage;
      14. waste disposal site leachate.
    9. contain wastewater from an industrial operation;
    10. contain Escherichia (e.) coli in excess of 200 colonies per 100ml;
    11. have or cause an offensive odour;
    12. result in the discharge of cooling water, blowdown water or stormwater from industrial process areas unless all of the following conditions are met:
      1. the cooling water, blowdown water or storm water is being discharged pursuant to a Certificate of Approval issued under the Ontario Water Resources Act or Environmental Protection Act, as amended, which expressly authorizes the discharge;
      2. a copy of the Certificate of Approval referred to in clause (i) has been provided to the General Manager.

2.  A person shall upon receipt of notice from the General Manager, perform one or more of the following activities as stated in the notice addressing stormwater from the person’s site:

    1. complete a study on stormwater quality and/or quantity;
    2. modify and/or construct stormwater management facilities;
    3. adopt and implement pollution prevention techniques and measures;
    4. any other requirement as specified.

7. Sewer Connections

1.  No person shall construct a sewer connection except in accordance with the Standards set forth by the current “Haldimand County’s Design Criteria”.

2.  No person shall construct or attempt to construct all or part of a sewer connection prior  to:

    1. completing and submitting to the General Manager, a Water and Sewer Connection Application;
    2. receiving approval in writing from the General Manager to construct such connection; and
    3. paying in full to the Treasurer of Haldimand County, any fees or charges related to the administration of this by-law.

3.  No person shall cover over, connect to any public sewer, or use any sewer connection without first having had it inspected by the General Manager or person authorized by the General Manager for such purpose, and receiving the written approval of the General Manager for such activities.

4.  No person shall construct, install or maintain, or cause or permit to be constructed, installed or maintained, drainage from any roof water leader, downspout, drainage tile or sump pump that conveys stormwater from any new or reconstructed residential, industrial, commercial or institutional buildings to a sanitary sewer connection for the purpose of stormwater drainage.

5.  Every owner or occupant shall ensure that stormwater is discharged at grade away from the building in such a manner that the stormwater does not accumulate at or near the building and will not adversely affect adjacent properties.

6.  Where compliance with this section compromises or creates a hazardous situation, an owner or occupant may make application to the General Manager for an exemption from the requirement to comply with this section.

7.  Every owner and occupant shall ensure that there is no direct or indirect interconnection between a private storm drain system and the sewage works.

8. Interceptors

1.  Every owner or operator of a restaurant or other industrial, commercial or institutional premise where food is cooked, processed or prepared shall have or install, operate, and properly maintain a food-related oil and grease interceptor in any piping system that connects directly or indirectly to the sewer works.

2.  Every owner or operator of a motor vehicle service station, repair shop or garage or of an industrial, commercial or institutional premise or any other establishment where motor vehicles are repaired, lubricated or maintained shall have or install, operate and properly maintain an interceptor designed to prevent motor oil, lubricating grease, fuels or other material associated with a motor vehicle from passing into any piping system that connects directly or indirectly to the sewer works.

3.  Every owner or operator of a premise from which sediment may directly or indirectly enter a sanitary sewer, storm sewer and/or the natural environment including but not limited to vehicle wash establishments, shall take all necessary measures to ensure that such sediment is prevented from entering the sanitary sewer, storm sewer, and/or the environment.

4.  Every owner or operator of a premise from which dental amalgam may be discharged  and where the waste may directly or indirectly enter the sewer works, shall have or install, operate and properly maintain dental amalgam separator(s) with at least 95% efficiency in amalgam weight and certified ISO11143 – “Dental Equipment: Amalgam Separators”, in any piping system at its premises that connects directly or indirectly to the sewer works, except where the sole dental-related practice at the premise consists of one or more of the following specialties:

    1. orthodontics and dentofacial orthopaedics;
    2. oral and maxillofacial surgery;
    3. oral medicine and pathology;
    4. periodontics; or
    5. a dental practice consisting solely of visits by a mobile dental practitioner who prevents any dental amalgam from being released to the sewer works.

5.  Every owner or operator of a premise that requires interceptors/separators in accordance with this by-law shall ensure that the interceptor/separator is installed in compliance with the Ontario Building Code Act.

6.  Every owner or operator of a premise that requires interceptors/separators in accordance with this by-law shall ensure that the interceptor/separator is maintained according to the manufacturer’s recommendations.

7.  The testing, maintenance and performance of the interceptor/separator meets the requirements of Canadian Standards Association National Standard (CAN/CSA).

8.  Every owner or operator of a premise requiring an interceptor/separator in accordance with the provisions of this by-law shall keep a record of the maintenance and clean-out of said interceptor/separator for a period of at least 24 months.

9.  Every owner or operator shall ensure that the record referred to in Section 8(8) is made available for inspection by the County.

9. Sampling and Analysis

1.  All tests, measurements, analysis and examinations of wastewater, its characteristics or contents pursuant to this by-law shall be carried out in accordance with "Standard Methods" and be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratory’s scope of accreditation or to the satisfaction of the General Manager as agreed in writing prior to sample analysis.

2.  Where the County obtains a sample for the purpose of determining the characteristics or contents of any sewage, uncontaminated water or stormwater, one sample alone is sufficient and the sample may be a grab sample or a composite sample, may contain additives for its preservation and may be collected manually or by using an automatic sampling device.

3.  The General Manager may require the owner or operator of a commercial, institutional,  or industrial premise to perform one or more of the following at the expense of the person discharging:

    1. collect and analyze samples of sewage discharges;
    2. install devices to monitor sewage discharges;
    3. submit regular reports regarding the discharges.

4.  The General Manager may require that samples obtained under Section 9(3) be submitted by the owner for analysis by an accredited laboratory, at the owner’s expense.

10. Monitoring Manholes

1.  Every owner or operator of an industrial premise with one or more connections to the sewage works shall install and maintain in good repair in respect of each connection a suitable monitoring manhole to allow observation, sampling and flow measurement of sewage, uncontaminated water or stormwater in the following circumstances:

    1. in respect of any new connection to the sewage works;
    2. where required by the General Manager with reasonable notice; or
    3. where it is identified as a requirement of a Sanitary Discharge Agreement.

2.  Every monitoring manhole required by Section 10(1) shall be located at or near the property line of the premise, unless the General Manager has given written approval for a different location.

3.  Every monitoring manhole installed as required by this by-law shall be designed and constructed in accordance with good engineering practices and the requirements specified in the County’s current Design Criteria Manual.

4.  Every owner or operator of an industrial premise shall ensure that every monitoring manhole is at all times accessible to the County for the purpose of observing, sampling and measuring the flow of sewage therein.

5.  The obligation set out in or arising from Section 10 shall be completed at the expense of the person discharging.

11. Agreements

1.  The discharge or deposit of sewage into the sanitary sewer that would otherwise be prohibited by this by-law may be permitted pursuant to the provisions of a Sanitary Discharge Agreement entered into with the County on terms and conditions as set out in this By-law and the agreement including the following:

    1. the payment of an annual Administration Fee;
    2. the payment of an Over Strength Discharge Fee to compensate the County for its additional costs of operation, repair, maintenance of the sewage works;
    3. on other terms and conditions as may be deemed appropriate by the County.

2.  A Sanitary Discharge Agreement:

a.  with Over-strength Discharge Conditions may only be entered into with respect to the discharge of the following parameters in sewage: biochemical oxygen demand, chemical oxygen demand, total phosphorus, total kjeldahl nitrogen (TKN), total suspended solids or chlorides.

The following formula shall apply for the calculation of Over-strength Discharge Fees payable to the County, in addition to the standard sewage treatment fees, by the person with whom the Sanitary Discharge Agreement is entered into:

OSDF = F x Q x R

Where “OSDF” means the Over-Strength Discharge Fee, expressed in dollars, “F” means the ratio of:

(Actual Concentration - Allowable Concentration) ÷ Allowable Concentration

of the parameter that is in the highest ratio above the respective by-law limits;

“Q” means the volume of discharge of sewage flow in thousand cubic metres (1000 m3) for the period being billed; and

“R” means the rate for sewage treatment in dollars/thousand cubic (1000 m3) of sewage flow as set out in the User Fee By-law.

b.  with Non-Municipal Water Source conditions may be entered into with respect to the discharge of sewage which contains water that has originated from a source other than the County’s water supply system;

c.  a Performance Incentive Program will allow a company to be exempt from Over-Strength Discharge Fees identified in Section 11(2)(a) for a particular month, provided the following criteria are met:

      1. valid Sanitary Discharge Agreement (SDA);
      2. approved Compliance Program;
      3. operational Pre-treatment system;
      4. performance incentive program targets identified in Schedule “A”;

d.  shall be in the form attached as Schedule “F” to this by-law. The General Manager is hereby authorized to approve a Sanitary Discharge Agreement or amendment thereto, and upon such approval, the Mayor and the Clerk for the County are hereby authorized and directed to execute such agreement or amending agreement.

3.  Notwithstanding Section 11(2) (d) above, the General Manager has the absolute discretion to bring any Sanitary Discharge Agreement or amendment thereto before Council to seek direction with respect to that specific Sanitary Discharge Agreement or amendment.

4.  A person who is a party to a valid Sanitary Discharge Agreement with the County shall not be prosecuted under Section 5 of this by-law provided that all provisions in the Sanitary Discharge Agreement are being fully complied with.

5.  The General Manager with Council approval may terminate any Sanitary Discharge Agreement for any non-compliance with the terms and conditions thereof or for any non-compliance with this by-law.

6.  The General Manager may suspend any Sanitary Discharge Agreement when the General Manager has determined that there is an emergency situation of immediate threat or danger to any person, property, plant, animal life, or waters or any hazard or other adverse impact to the sewage works.

12. Compliance Program

1.  Every person who has entered into a Sanitary Discharge Agreement with Over-Strength Discharge Conditions shall submit to the satisfaction of Council within one year from the execution of the Sanitary Discharge Agreement, a Compliance Program setting out activities to be undertaken that will result in the prevention or reduction and control of the discharge or deposit of sewage from the premises into the sewage works.

2.  Every proposed compliance program shall be for a specified length of time during which remedial actions are to be implemented by the owner or operator, and shall be specific to the dates of commencement and completion of each activity. The final activity completion date shall not be later than the final compliance date in the compliance program.

3.  Every person to whom a compliance program has been issued shall submit a Compliance Program Progress Report to the General Manager at the intervals indicated in the Sanitary Discharge Agreement.

13. Alternate Wastewater Discharge Billing Methodology

1.  Every owner or operator of an industrial premise where:

    1. the wastewater effluent discharged is substantially less than the municipal potable water consumption; or
    2. approval through a Sanitary Discharge Agreement has been granted to discharge non-municipal water into the municipal sewer,

is eligible to qualify for the Alternate Wastewater Discharge Billing Methodology provided the discharge from the premise meets the conditions set out within this section.

2.  In order for the discharge to qualify for Section 13(1)(a), the following conditions must be satisfied:

    1. The premise must consume at least 10,000 cubic meters of municipally supplied water annually;
    2. It must be demonstrated that, at a minimum, a flow differential on the premise of twenty percent (20%) between the municipally supplied water consumed and the wastewater discharged to the municipal sewer on an annual basis
    3. A report certified by a professional engineer, at the applicant’s expense, is provided to the General Manager and includes at a minimum the following:
      1. An analysis of water use processes and the estimated calculation of wastewater discharged to the municipal sewer to determine if the required differential will be achieved; and
      2. An evaluation of the ability to install a wastewater metering system that will provide reliable and accurate readings.
    4. The owner and premise for the discharge must be compliant with all relevant County by-laws and current with respect to all amounts owing to the County;
    5. The owner shall submit an application and pay the required annual application fee(s) outlined in the Water and Wastewater Fees and Service Charges By-law
    6. Written approval is provided by the General Manager.

3.  In order for the County to charge for discharge volumes identified in Section 13(1)(b), the following conditions must be satisfied:

    1. It must be demonstrated that non-municipal water is being discharged into the municipal sewer;
    2. The owner has a valid Sanitary Discharge Agreement for non-municipal water discharge;

4.  Prior to being eligible for the Alternate Wastewater Discharge Billing Methodology, the owner shall:

    1. At its own expense, install or replace flow metering equipment on all discharge lines designated by the General Manager and such metering equipment shall be of a standard acceptable to the General Manager;
    2. All metering equipment shall, at the expense of the owner, be properly tested and calibrated to the satisfaction of the General Manager
    3. The Alternate Wastewater Discharge Billing Methodology shall be effective from the date of acceptance of the installation and confirmation of calibration of the flow metering equipment by the General Manager.

5.  The Alternate Wastewater Discharge Billing Methodology is not transferable or assignable. The County must be notified thirty (30) days prior to any change in ownership of the owner’s subject premises.

6.  The General Manager, at his/her sole discretion, may revoke eligibility for the Alternate Wastewater Discharge Billing Methodology in the event the owner fails to comply with Section 13, (2). If the applicant, with respect to any property owned or for any reason whatsoever, is in arrears with regard to payments for water or wastewater rates, property taxes or any fees owned to Haldimand County, the applicant shall not be entitled to the Alternate Wastewater Discharge Billing Methodology so long as such arrears remain outstanding. If eligibility for the Alternate Wastewater Discharge Billing Methodology is revoked, the discharge for wastewater billing will be based on the actual water consumption protocol currently outlined in the Water and Wastewater Fees and Service Charges By-law.

7.  The Alternate Wastewater Discharge Billing Methodology will be billed monthly based on actual data read from the flow metering equipment per Section 13(4) (a). Data reads are to be obtained by Haldimand County with full access to the metering equipment provided by the owner.

8.  Subject to continued compliance with the conditions within Section 13, the owner shall pay, regardless of the amount of flow differential, the following monthly charges:

    1. Monthly base wastewater charge outlined in the Water and Wastewater Fees and Service Charges By-law, based on the size of the water service or, in the absence of a Municipal water connection the following ratio of sizes applies for billing purposes for the Municipal sewer connection.
      1. Gravity sewer service up to and including 125mm (5”) diameter equates to a 25mm (1”) diameter water service;
      2. Gravity sewer services greater than 125mm (5”) diameter equates to a 50mm (2”) diameter water service;
      3. Forcemains up to and including 50mm (2”) diameter equates to a 25mm (1”) diameter water service:
      4. Forcemains greater than 50mm (2”) diameter equates to a 50mm (2”) diameter water service;
    2. 20% of the water flow x wastewater second block rate (or first block in the absence of a second block); and
    3. Metered wastewater flow x wastewater second block rate (or first block in the absence of a second block).

14. Swimming Pools

1.  No person shall discharge wastewater from a conventional non-salt water swimming pool or hot tub/spa or wading pool or from a saltwater swimming pool or hot tub/spa in a manner that causes:

    1. an adverse effect; or
    2. wastewater to flow onto an adjoining property.

15. Spills

1.  Every person who discharges or deposits or causes or permits the discharge or deposit of:

    1. sewage, directly or indirectly, into or in the sanitary or storm sewer, shall, if such discharge or deposit is not in the ordinary course of events, forthwith notify:
      1. Ministry of the Environment, Spills Action Center; and
      2. the County, by contacting Environmental Services; and
      3. any person whom the person reporting knows or ought to know may be directly affected by the discharge.
    2. uncontaminated water or stormwater, directly or indirectly, into or in the sanitary sewer, storm sewer or land drainage, shall, if such discharge or deposit is not in the ordinary course of events, forthwith notify:
      1. Ministry of the Environment, Spills Action Center; and
      2. the County, by contacting Environmental Services; and
      3. any person whom the person reporting knows or ought to know may be directly affected by the discharge.

2.  In addition to the reporting obligations set out above, the person responsible for a discharge as described above shall, in circumstances where there is an immediate danger to human health and/or safety, report the discharge to 9-1-1 emergency.

3.  Every person responsible for a discharge as described in Section 14 and every person having the charge, management and control over the discharge shall do everything reasonably possible to contain the discharge, minimize damage to property, protect the environment, clean up the discharge and contaminated residue and restore the affected areas to its condition prior to the discharge.

4.  Within ten (10) calendar days following a discharge to which Section 14 applies, the person having charge, management and control of the discharge shall submit to the County a detailed written report, in a form prescribed by the County, on the discharge that contains the following information to the best of the person’s knowledge:

    1. location where discharge occurred;
    2. name and telephone number of the person who reported the discharge;
    3. date and time of discharge;
    4. material discharged;
    5. characteristics of material discharged;
    6. volume of material discharged;
    7. duration of discharge event;
    8. work completed and/or still in progress in the mitigation of the discharge;
    9. preventative actions being taken to ensure the situation does not occur again; and
    10. agencies notified of the discharge and corresponding notification times.

5.  Upon receipt of the detailed report specified in Section 14(4), the General Manager may require the development of a Spills Response Contingency Plan by the responsible person with copies submitted to the General Manager within thirty (30) days of the discharge and the General Manager may direct compliance with the plan.

6.  Where a person responsible for a discharge as defined by Section 14 fails to comply with a Spills Response Contingency Plan as directed by the General Manager, the remedial measures set out in the Spills Response Contingency Plan may be carried out by the County at the person’s expense and the County may recover the expense incurred by action or by adding the cost to the tax roll.

7.  In addition to any requirements directed to the owner by the General Manager, the General Manager may direct the employees and agents of Haldimand County’s Public Works to take specific actions with respect to the prevention, elimination and remediation of the adverse effects from the discharge.

8.  Where the County has taken specific action with respect to the prevention, elimination and remediation of the adverse effects from a discharge that has taken place, as defined by Section 14, the person responsible for the discharge shall be fully responsible for costs incurred by the County under this section.

16. Confidential Information

1.  All information submitted to and collected by the County in administration of this by-law including information contained in any report, permit, agreement and program is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 as amended.

17. Offences

1.  Every individual convicted of an offence under this by-law is liable:

    1. on a first conviction, for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $10,000.00; and
    2. on each subsequent conviction, for each day or part of a day on which the offence occurs or continues to occur, to a fine of not more than $20,000.

2.  Every corporation convicted of an offence under this by-law is liable:

    1. on a first conviction, for each day or part of a day, upon which such offence occurs or continues to occur, to a fine of not more than $50,000.00;
    2. on each subsequent conviction, for each day or part of a day, upon which such offence occurs or continues to occur, to a fine of not more than $100,000.00.

18. Exceptions

1.  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.

19. Appeals

1.  Any person that wishes to appeal a decision of the General Manager related to this by-law may request to make a delegation before Haldimand County Council.

20. Severability

1.  If any section or sections of this by-law or part thereof, is found in any court of law to be illegal or beyond the power of the County to enact, such section or sections or part thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent thereof and to be enacted as such.

21. Repeal

1.  This by-law hereby repeals and replaces By-law No. 1085/10. 

22. Coming into Force

1.  This by-law shall come into force and take effect on the day upon which it is passed.

2.  This by-law shall be known and may be referred to as the “Sewer Use By-law”.

Schedules

Schedule A: Conventional Contaminants and Physical Parameters

Conventional Contaminants and Physical Parameters
Substance Concentration Limit (mg/L, except as noted) Performance Incentive Program Targets (mg/L, except as noted)
Biochemical Oxygen Demand (BOD) 300 500
Chemical Oxygen Demand (COD) 600 1,500
Kjeldahl Nitrogen, total (TKN) 50 50
Oil & Grease (animal and vegetable) 150 150
Oil & Grease (mineral/ synthetic/ hydrocarbon) 15 15
pH 5.5 - 9.5 5.5 - 9.5
Phosphorus, total 10 10
Suspended Solids, total (TSS) 300 300
Temperature 60°C 60°C

Schedule B: Organic Contaminants

Organic Contaminants
Substance Concentration Limit (mg/L, except as noted)
Benzene 0.01
Chloroform 0.04
Dichlorobenzene (1,2-) 0.05
Dichlorobenzene (1,4) 0.08
Ethylbenzene 0.06
Hexachlorobenzene 0.0001
Methylene Chloride (Dichloromethane) 0.09
PCBs (Chlorobiphenyls) 0.004
Phenols, total (or Phenolic Compounds) 0.1
Tetrachloroethane (1,1,2,2-) 0.06
Tetrachloroethylene 0.06
Toluene 0.02
Trichloroethylene 0.05
Xylenes, total 0.3

Schedule C: Inorganic Contaminants

Inorganic Contaminants
Substance Concentration Limit (mg/L, except as noted)
Aluminum, total 50.0
Antimony, total 5.0
Arsenic, total 1.0
Bismuth, total 5.0
Cadmium, total 0.7
Chloride 1,500
Chromium 2.8
Cobalt, total 5.0
Copper, total 2.0
Cyanide, total 1.2
Fluorides, total 10.0
Iron, total 50.0
Lead, total 0.7
Manganese 5.0
Mercury 0.1
Molybdenum, total 5.0
Nickel, total 2.0
Selenium, total 0.8
Silver, total 0.4
Sulphates, total (as SO4) 1,500
Sulphide (as H2S) 1.0
Zinc, total 2.0

To view schedules D to H, refer to the original by-law.

  • Schedule D: New Discharger Information Report
  • Schedule E: Existing Discharger Information Report
  • Schedule F: Sanitary Discharge Agreement
  • Schedule G: Application for Hauled Sewage Discharge Permit
  • Schedule H: Application for Alternate Wastewater Discharge Billing Methodology 

Contact Us

Haldimand County
53 Thorburn Street South
Cayuga, Ontario
Canada, N0A 1E0

Phone: 905-318-5932

After hours (Road, Sewer, Water or Park & Public Facilities Emergencies): 1-888-849-7345

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