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
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- Impairment of the quality of the natural environment for any use that can be made of it;
- Injury or damage to property or to a plant or animal life;
- Harm or material discomfort to any person;
- Impairment of the safety of any person;
- Rendering any property or plant or animal life unfit for human use;
- Loss of enjoyment for normal use of property; and
- 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.