HomeMy Public PortalAbout1203-10 WATER AND WASTEWATER (WARD 1)A BY-LAW TO REGULATE WATER, SANITARY & STORM SEWER SYSTEMS
BY-LAW #1203-10
INDEX
ITEM PAGE #
TITLE 1
INTERPRETATION 1
GENERAL 1
WATER SYSTEM 3
SANITARY SEWER SYSTEM 4
STORM SEWER SYSTEM 13
WATER SUPPLY AND DISTRIBUTION SYSTEM 15
REQUIREMENTS TO BE CONNECTED TO WATER
SYSTEM 15
RESPONSIBILITIES OF INDIVIDUALS CONNECTED
TO WATER SYSTEM 16
CONTROL AND USE OF WATER METERS
CONNECTED TO THE WATER SYSTEM 17
SUPPLY OF WATER TO WATER USERS OF THE
WATER SYSTEM 20
SANITARY SEWER COLLECTION SYSTEM 21
OBJECTIVES OF THE SANITARY SEWER
COLLECTION SYSTEM AND TREATMENT 21
REQUIREMENTS TO BE CONNECTED TO THE
SANITARY SEWER SYSTEM 21
CONTROLS FOR THE DISCHARGE OF POLLUTANTS
INTO THE SANITARY SEWER SYSTEM 23
PRETREATMENT FACILITIES 24
HAULED WASTEWATER 25
HAULED WASTE 26
NON-CONTACT COOLING WATER 26
Water & Sewer By-Law
By-Law Index
Page 2/3
WATER ORIGINATING FROM A SOURCE OTHER
THAN THE MUNICIPAL WATER SUPPLY 27
PROHIBITION OF DILUTION 27
MONITORING ACCESS POINT 27
SAMPLING 27
WASTEWATER TESTING 28
EXTRA STRENGTH SURCHARGE 29
FOOD RELATED GREASE INTERCEPTORS 31
VEHICLE AND EQUIPMENT SERVICE OIL AND
GREASE INTERCEPTORS 32
SEDIMENT INTERCEPTORS 34
DENTAL WASTE AMALGAM SEPERATOR 35
FOOD WASTE GRINDERS 36
SPILL 36
AUTHORITY OF DESIGNATED SEWER OFFICER 36
STORM SEWER COLLECTION AND DISPOSAL 37
REQUIRMENTS TO BE CONNECTED TO THE STORM
SEWER SYSTEM 37
CONTROL AND USE OF STORM SEWER SYSTEM 38
PROHIBITION OF DILUTION 39
SAMPLING 39
MONITORING ACCESS POINT 39
SPILL 40
AUTHORITY OF DESIGNATED SEWER OFFICER 40
SAMPLING 40
MONITORING ACCESS POINT 41
SPILL 42
Water & Sewer By-Law
By-Law Index
Page 3/3
AUTHORITY OF DESIGNATED SEWER OFFICER 44
COMPLIANCE PROGRAMS 45
CODE OF PRACTICE 47
POLLUTION PREVENTION PLANNING 49
GENERAL 52
WATER, WASTEWATER AND STORM SEWER RATES &
CHARGES 53
NOTICE 56
PENALITIES 57
PLURAL OR FEMININE TERMS 57
VALIDITY 57
BY-LAW REPEALED 58
SCHEDULE “A” -WATER, SANITARY SEWER AND STORM SEWER RATE
CHARGES
SCHEDULE “B” - SANITARY SEWER PROHIBITED WASTES
SCHEDULE “C” - RESTRICTED WASTES – SANITARY SEWER
DISCHARGES
SCHEDULE “D” - INORGANIC CONTAMINANTS
SCHEDULE “E” - MAXIMUM WASTEWATER STRENGTH LIMITS UNDER
EXTRA STRENGTH SURCHARGE AGREEMENT
SCHEDULE “F” - STORM SEWER PROHIBITED WASTES
A BY-LAW TO REGULATE WATER, SANITARY & STORM SEWER SYSTEMS
BY-LAW #1203-10
Page 1/58
The Council of The Town Of Sussex, under authority vested in it by Section
189 of the Municipalities Act R.S.N.B. (1973), chapter M-22 and amendments
thereto, enacts as follows:
I TITLE
1. This By-Law may be cited as the “Town Of Sussex Water & Sewer
By-Law”.
2. The provisions of this By-Law apply to the entire area within the
Town limits of the Town Of Sussex and to agreements which
provide service to areas outside the Town limits.
II INTERPRETATION
In this By-Law:
1. GENERAL
(i) “Accredited laboratory” means any laboratory accredited 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, as amended.
(ii) “Clerk” means the Clerk of the Town Of Sussex.
(iii) “Council” means the Council of the Town Of Sussex.
Water & Sewer By-Law
By-Law #1203-10
Page 2/58
II. 1. (cont’d)
(iv) “Customer’s sewer system” means a sewer system, not
owned by the Town of Sussex.
(v) “Day” means a time span of twenty-four hours or any part
thereof.
(vi) “Designated Sewer Officer” means the person appointed by
this Municipality, and his or her successors or his or her
duly authorized representative and, for the Town of
Sussex, the Works Officer of the Works Department is the
Designated Sewer Officer.
(vii) “Dwelling unit” means a room or suite of two or more
rooms designed or intended for use, by an individual or
family, in which culinary facilities are restricted to kitchen
and sanitary conveniences provided for the exclusive use of
such individual or family.
(viii) “Inspector” means a person authorized by this
Municipality to carry out observations and inspections and
to take samples as prescribed by this by-law.
(ix) “Municipality” means the Town of Sussex.
(x) “Owner” means the person in whose name the property is
assessed, under the Assessment Act, chapter A-14, R.S.N.B.
(1973) and amendments thereto and includes the
executors, administrators and assigns of such person.
(xi) “Person” means any individual, association, partnership,
company, public or Private Corporation or agency of the
Province Of New Brunswick, agency or any other legal
entity, or employee of such person.
(xii) “Town”, when hereinafter used, shall mean and include
all the area within the boundary limits of the Town Of
Sussex.
(xiii) “Treasurer” means the Treasurer of the Town Of Sussex.
(xiv) “Works Officer” means the Works Officer of the Works
Department of the Town Of Sussex or his designate.
Water & Sewer By-Law
By-Law #1203-10
Page 3/58
II. (cont’d)
2. WATER SYSTEM
(i) “Water system” includes a system of wells, reservoirs,
water mains and appurtenances and lands owned by this
Municipality, which are required for the drawing, storing,
treating, distributing and the selling of water to customers
and for fire protection services.
(ii) “Reservoir” means a facility where water is stored.
(iii) “Water and/or water supply” means the water supplied by
the water system to customers for the purposes specified in
this By-Law.
(iv) “Meter” means an apparatus to measure the consumption
of water or wastewater.
(v) “Water main” means a pipe which distributes water in the
streets or public places.
(vi) “Water service” means any water pipe operated by or on
behalf of this Municipality to which owners of premises are
connected by a building water line at the property line.
(vii) “Water service lateral” means a water pipe leading from a
watermain to a building served.
(viii) “Building water line” means the extension of the water
service from the property line to a building being served.
(ix) “Private water system” means a water system owned by a
person other than this Municipality.
(x) “Automatic sprinklers” means a system of pipes filled with
water, under pressure, inside a building with valves which
open automatically when the temperature rises but does
not include a system with sprinkler heads, to a maximum
number permitted in the National Building Code which are
placed on the same pipe line as the domestic plumbing
system.
(xi) “CAN/CSA” means Canadian Standards Association
Water & Sewer By-Law
By-Law #1203-10
Page 4/58
II. (cont’d)
(xii) “Cross connection” means a connection or a potential
connection between any part of a potable water system and
other environment containing other substances in a
manner which, under any circumstances, could allow such
substances to enter the potable water system.
3. SANITARY SEWER SYSTEM
(i) “Backwater valve” means a device which is intended to
stop the flow of wastewater from backing into a building
and such is located within a building and installed in a
manner allowing access to the internal workings of the
valve for maintenance and repair purposes, and installed
in accordance with the National Building Code.
(ii) “Best management practices (BMP)” means an integrated
plan to control and reduce the release of restricted and
prohibited waste into the wastewater works to a
practicable extent, through methods, including physical
controls, Pretreatment Processes, operational procedures
and staff training.
(iii) “Biomedical waste” means biomedical waste as defined in
a federal and/or provincial Statute or Regulation, as
appropriate for this municipality, as amended from time to
time.
(iv) “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.
(v) “BOD” or “Biochemical Oxygen Demand” means the
quantity of oxygen, expressed in milligrams per litre,
utilized in the biochemical oxidation of matter within a one
hundred and twenty hour period, at a temperature of
twenty degrees centigrade, as determined in procedures set
forth in “Standard Methods For The Examination Of Water
And Wastewater”.
Water & Sewer By-Law
By-Law #1203-10
Page 5/58
II .3. (cont’d)
(vi) “Building sanitary drain” means that part of the lowest
horizontal piping of a drainage system which collects
wastewater from drainage pipes, inside the walls of the
building and conveys it to the building sanitary sewer,
which begins one and one-half (1½) metres outside the
inner face of the building walls.
(vii) “Building sanitary sewer” means the extension of a
building sanitary drain to the sanitary sewer service at the
property line.
(viii) “Chemical oxygen demand (COD)” means a measure of the
capacity of water to consume oxygen, as a result of
oxidation of inorganic chemicals and decomposition of
organic matter.
(ix) “Clear-water waste” includes non-contact cooling water
and other water that has not come into contact with
wastewater contaminant sources.
(x) “Code of practice” means a set of practices applicable to
specific industrial, commercial or institutional sector
operations; a code of practice identifies mandatory
procedures, equipment, training or other provisions
required, as a condition of wastewater discharge into the
sewer system, by the specified sector discharger.
(xi) ”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.
(xii) “Compliance program” means the necessary steps
undertaken, by a discharger, to bring wastewater
discharged into the municipal sewer, into compliance with
the terms and conditions of this by-law or related permit.
Compliance programs are applicable to existing dischargers
only; new discharges must fully comply with the
requirements of this by-law.
(xiii) “Composite sample” means a volume of wastewater, storm
water, uncontaminated water, clear-water or effluent, made
up of three or more grab samples, which have been
combined automatically or manually and taken at
intervals, during the sampling periods.
Water & Sewer By-Law
By-Law #1203-10
Page 6/58
II. 3 (cont’d)
(xiv) “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, but does not
include blowdown water.
(xv) “Dental amalgam” means a dental filling material
consisting of an amalgam of mercury, silver and other
materials such as copper, tin or zinc.
(xvi) “Dental amalgam separator” means any technology, or
combination of technologies, designed to separate dental
amalgam particles from dental operation wastewater.
(xvii) “Interceptor” means a receptacle that is installed to prevent
oil, grease, sand or other materials, from passing into the
sewer system.
(xviii) “Domestic wastewater” means waste produced on a
residential premise, or sanitary waste and wastewater from
showers and restroom washbasins, produced on a non-
residential property.
(xix) “Extra strength” refers to wastewater released to the sewer
that is higher in concentration for one or more constituent
concentrations set out in Schedule “E” or containing
constituents identified in Schedule “E”.
(xx) “Flow monitoring point” means an access place to the
sewer service for the purpose of:
a. Measuring the rate or volume of wastewater, storm
water, clear waste water or subsurface water released
from the premises; and
b. Collecting representative samples of the wastewater,
storm water, clear waste water or subsurface water
released from the premises.
(xxi) “Fuels” include alcohol, gasoline, naphtha, diesel fuel, fuel
oil and any other ignitable substance intended for use as a
fuel.
(xxii) “Grab sample” means a volume of wastewater, storm
water, uncontaminated water or effluent, which is collected
over a period, not exceeding 15 minutes.
Water & Sewer By-Law
By-Law #1203-10
Page 7/58
II. 3 (cont’d)
(xxiii) “Hauled waste” means any industrial waste which is
transported to and deposited into any location in the
sanitary sewer system, excluding hauled wastewater.
(xxiv) “Hauled wastewater” means wastewater removed from a
wastewater system, including a cesspool, a septic tank
system, a privy vault or privy pit, a chemical toilet, a
portable toilet or a wastewater holding tank.
(xxv) “Hazardous substances” means:
a. any substance or mixture of substances, other than
a pesticide, that exhibits characteristics of
flammability, corrosivity, reactivity or toxicity; and
b. any substance that is designated as a hazardous
substance, within the meaning of a federal and/or
provincial Statute.
(xxvi) “Hazardous waste” means any Hazardous Substance
disposed of, as waste.
(xxvii) “Ignitable waste” means a substance that:
a. is a liquid, other than an aqueous solution,
containing less than 24 percent 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;
b. 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;
c. is an ignitable compressed gas, as defined in the
regulations under the federal and/or provincial
Statute or Regulation, as appropriate for this
municipality, as amended; or
Water & Sewer By-Law
By-Law #1203-10
Page 8/58
II. 3
(xxvii)(cont’d)
d. is an oxidizing substance, as defined in the
regulations under the federal and/or provincial
Statute or Regulation, as appropriate for this
municipality, as amended.
(xxviii) “Industrial” means of or pertaining to manufacturing,
commerce, trade, business or institutions, as distinguished
from domestic or residential.
(xxix) “Industry” means any owner or operator of industrial,
commercial or institutional premises from which there is a
discharge of any matter, directly or indirectly, into a
sanitary sewer, combined sewer or storm sewer of the
Municipality. “Matter” includes any solid, liquid or gas.
(xxx) “Institution” means a facility, usually owned by a
government and operated for public purposes, such as
schools, universities, medical facilities (hospitals, nursing
stations, nursing homes), museums, prisons, government
offices or military facility. Some of these facilities produce
non-residential discharges to sewers, from, for example,
laboratories, chemical use and industrial processes.
(xxxi) “Matter” includes any solid, liquid or gas.
(xxxii) “mg/l” means milligrams per litre and shall be equivalent
to parts per million by weight.
(xxxiii) “Monitoring access point” means a place of access, such as
a chamber, in a private sewer connection, to allow for
observation, sampling and flow measurement, of the
wastewater, uncontaminated water or storm water therein.
(xxxiv) “Non-contact cooling water” means 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 or finished product, other than heat.
(xxxv) “Non-domestic wastewater” means all wastewater except
domestic wastewater, storm water, uncontaminated water,
and septic tank waste.
Water & Sewer By-Law
By-Law #1203-10
Page 9/58
II. 3 (cont’d)
(xxxvi) “Oil and grease” means n-Hexane extractable matter, as
described in Standard Methods.
(xxxvii) “Pathological waste” means pathological waste within the
meaning of a federal and/or provincial Statute or
Regulation, as appropriate for the municipality.
(xxxviii) “PCBs” means any monochlorinated or polychlorinated
biphenyl or any mixture of them or mixture that contains
one or more of them.
(xxxix) “Pesticide” means a pesticide, regulated under federal
and/or provincial Statute or Regulation, as appropriate for
this municipality.
(xl) “pH” means the logarithm to the base 10, of the reciprocal,
of the weight of hydrogen ions, in grams per litre of
solution and denotes alkalinity or acidity.
(xli) “Pollution prevention” means the use of processes,
practices, materials, products or energy, that avoid or
minimize the creation of pollutants and wastes, at the
source.
(xlii) “Pollution prevention plan” means a detailed plan, which
identifies operations or activities of an owner or operator of
commercial, institutional or industrial premises,
identifying specific pollution prevention methods to be
implemented, within a specific time frame.
(xliii) “Pollution prevention plan summary” means a summary of
the pollution prevention plan and a brief summary of an
owner’s or operator’s progress, towards its pollution
prevention goals.
(xliv) “Pretreatment” means 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,
through pollution prevention, or by other means, except by
diluting the concentration of the pollutants.
Water & Sewer By-Law
By-Law #1203-10
Page 10/58
II. 3 (cont’d)
(xlv) “Pretreatment processes” means one or more treatment
processes or devices designed to remove sufficient matter
from wastewater, discharged into the municipal sewer to
enable compliance with effluent limits established in this
by-law. Pretreatment processes prevent or reduce and
control the discharge or deposit of matter, from the
discharger’s premises, into the municipal sewer
connection.
(xlvi) “Prohibited waste” means prohibited waste, as defined in
Schedule “B” of this by-law
(xlvii) “Reactive waste” means a substance that:
a. is normally unstable and readily undergoes violent
changes without detonation;
b. reacts violently with water;
c. forms potentially explosive mixtures with water;
d. when mixed with water, generates toxic gases,
vapours or fumes, in a quantity, sufficient to present
danger to human health or the environment;
e. 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;
f. is capable of detonation or explosive reaction, if it is
subjected to a strong igniting source or if heated
under confinement;
g. is readily capable of detonation or explosive
decomposition or reaction at standard temperature
and pressure; or
h. is an explosive (Class 1), as defined in the
regulations, under the federal and/or provincial
Statute or Regulation, as appropriate for this
municipality, as amended.
(xlviii) “Restricted waste” means restricted waste, as defined in
Schedule “B” of this by-law,
Water & Sewer By-Law
By-Law #1203-10
Page 11/58
II. 3 (cont’d)
(xlix) “Sampling port” means a valve, tap, or similar device on
equipment, a drain pipe or at another suitable location, to
allow for sampling, consistent with technical guidelines
that this Municipality may establish, from time to time.
(l) “Septic tank waste” means any waste extracted from a
cesspool, septic tank, sewage holding tank, seepage pit,
interceptor or other containment, for human excretion and
wastes.
(li) “Sewer” means a pipe, conduit, drain, open channel or
ditch for the collection and transmission of wastewater,
storm water or uncontaminated water or any combination
thereof.
(lii) “Spill” means a direct or indirect discharge, into the
wastewater works, storm sewer or the natural environment
which is abnormal, in quantity or quality, in light of all the
circumstances, of the discharge.
(liii) “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 the Water Environment Federation, recent or latest
edition or approved in writing by the Designated Sewer
Officer.
(liv) “Sanitary sewer main” means a pipe, for the collection
and transmission of domestic, commercial and industrial
wastewater and to which, uncontaminated or cooling
water, storm, surface and groundwater, are not
intentionally admitted.
(lv) “Sanitary sewer service” means any sanitary sewer pipe
operated by or on behalf of the Town, to which, owners of
premises are connected, by a building sanitary sewer at the
property line.
(lvi) “Sanitary sewer service lateral” means a sewer pipe
leading from a sanitary sewer main, to a building being
served.
Water & Sewer By-Law
By-Law #1203-10
Page 12/58
II. 3 (cont’d)
(lvii) “Sanitary sewer system” means all facilities and all
appurtenances, including lands, for collecting, pumping,
treating and disposing of wastewater.
(lviii) “Separator” means tanks with capacity exceeding 2000
litres, using density variations, to separate insoluble
petroleum from water, as regulated by the New Brunswick
Department of The Environment.
(lix) “Sewage” means wastewater.
(lx) “Total suspended solids (TSS)” means insoluble matter, in
liquid, that is removable by filtration, as determined by the
appropriate procedure described in Standard Methods.
(lxi) “Total PAHs” means the total of all of the following
polycyclic aromatic hydrocarbons: Acenaphthene,
acenaphthylene, anthracene, benzo(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(g,h,i,)perylene, benzo(k)fluoranthene, chrysenes,
dibenzo(a,h)anthracene, fluoranthene, fluorene,
indeno(1,2,3-cd)pyrene, methylnaphthalene, naphthalene,
phenanthrene and pyrene.
(lxii) “Toxic substance” means any substance, defined as toxic
under the Canadian Environmental Protection Act 1999, as
amended from time to time and within the meaning of
provincial Statute or Regulation, as appropriate for this
municipality, as amended from time to time.
(lxiii) “Uncontaminated water” means water, with a level of
quality, which is typical of potable water, normally
supplied by this Municipality.
(lxiv) “Waste” means any material discharged into the sewerage
system.
(lxv) “Waste disposal site leachate” means the liquid containing
dissolved or suspended contaminants, which emanates
from waste (solid waste or garbage) and is produced by
water percolating through waste or by liquid in waste.
(lxvi) “Wastewater” means any liquid waste, containing animal,
vegetable, mineral or chemical matter in solution or
suspension, carried from any premises.
Water & Sewer By-Law
By-Law #1203-10
Page 13/58
II. 3 (cont’d)
(lxvii) “Waste radioactive substances” means substances, defined
in the federal Nuclear Safety and Control Act and the
regulations passed thereunder, as amended, from time to
time.
(lxviii) “Wastewater sludge” means solid material, recovered from
the wastewater treatment process.
(lxix) “Wastewater treatment facility” means any structure,
lagoon or thing including lands, used for the physical,
chemical, biological or radiological treatment of
wastewater and includes, sludge treatment, wastewater
sludge storage and disposal facilities.
4. STORM SEWER SYSTEM
(i) “Storm sewer system” means a sewer that carries storm
water and surface water, street wash and other waste but
excludes domestic water, industrial waste and all sanitary
wastewater.
(ii) “Storm water” means the water running off the surface of a
drainage area during and immediately, after a period of
rain or snow melt.
(iii) “Storm sewer main” means a pipe or series of pipes for the
collection and transmission of uncontaminated water,
storm water, drainage from land or from a watercourse or
any combination thereof but excluding any portion of a
combined sewer works.
(iv) “Subsurface water” means groundwater, including
foundation drain water.
(v) ”Storm sewer service” means any storm sewer, operated on
behalf of the Town, to which owners of premises are
connected, by a building storm sewer at the property line.
(vi) “Storm sewer lateral” means a storm pipe, leading from
the storm sewer main, to a building being serviced.
(vii) “Building storm sewer” means the extension of the
building storm drain, to the storm sewer service, at the
property line.
Water & Sewer By-Law
By-Law #1203-10
Page 14/58
II. 4 (cont’d)
(viii) “Building storm drain” means that part of the lowest
horizontal piping, within a building, which conducts water
or storm water, to a building storm sewer and which
begins one and one-half (1½) metres outside the inner face
of the building wall.
(ix) “Ground water” means water, beneath the earth’s surface,
accumulating as a result of seepage.
(x) “Subsurface drainage pipe” means a pipe, installed
underground, to intercept and convey subsurface water,
and includes foundation drain pipes, to a storm sewer
lateral, ditch, dry well, or lands of lower elevations.
(xi) “Watercourse: means an open channel, ditch or
depression, either natural or artificial, in which flow of
water occurs, either continuously or intermittently.
Water & Sewer By-Law
By-Law #1203-10
Page 15/58
III WATER SUPPLY & DISTRIBUTION SYSTEM
The water supply and distribution system for this Municipality is for:
• providing water, for domestic purposes and fire protection,
within the Town;
• providing water for municipal purposes, which include
flushing streets, fire hydrants, public drinking fountains, etc.;
• providing water, for any other purpose, excepting when, in the
opinion of the Council, the efficiency of the water service for
domestic purposes and fire protection, within the Town, might
thereby be impaired; and
• providing a distribution water system, to deliver the supply of
water.
1. This section of the by-law outlines the requirements to be
connected to the water system.
(i) Any person, desiring to connect his premises with a water-
main or water service, shall sign and file with this
Municipality, a written application, on a Municipal form,
for a permit, to make such connection.
(ii) All water services, when approved, shall be constructed by
municipal forces or qualified contractors, from the
watermain to the property line.
(iii) The minimum size service pipe, for supplying water for
domestic services, shall have an internal diameter of 19
millimeters.
(iv) This Municipality shall maintain the water service, from
the watermain, to the property line, at this Municipality’s
expense.
(v) The owner shall maintain the water service, from the
property line, to and including his premises, at their
expense.
Water & Sewer By-Law
By-Law #1203-10
Page 16/58
III. 1 (cont’d)
(vi) It shall be the responsibility of the owner to notify this
Municipality when any water service is abandoned on his
property and it shall be the responsibility of the owner to
have the service line disconnected from the water main at
the owner’s expense.
2. This section of the by-law outlines responsibilities of individuals
connected to the water system.
(i) No person, who is supplied with water by this
Municipality, shall have the right to sell or furnish water to
any other person, without the approval of this
Municipality.
(ii) No person, shall be permitted to have a continuous stream
of water flowing, from any tap, faucet or other apparatus
or appliance, connected to the service pipe, except by
permission of the Works Officer.
(iii) No unauthorized person, shall uncover, make any
connections to or opening into, use, alter or disturb any
watermain or water service or appurtenances thereof
without express approval of the Works Officer.
(iv) No person, shall be permitted, to use Municipal water, to
supply the requirements of a heat pump operation.
(v) No person, shall make an addition to the water works
system of this Municipality or an extension to any of the
watermains thereof, along any street, lane, easement or
other right-of-way or public place, within this Municipality
or elsewhere, without the authority of the Council.
(vi) No person, shall allow an alternate source of water supply
to be connected to the water system.
(vii) No person, shall allow a private water system to be
connected, directly or indirectly, to the water system.
(viii) No person, shall connect a water service lateral with any
watermain, except under the direction and personal
supervision of and to the satisfaction of, a person(s) duly
authorized by Council.
Water & Sewer By-Law
By-Law #1203-10
Page 17/58
III. 2 (cont’d)
(ix) No person, shall have a cross connection, between this
Municipality’s water system and any other system, of any
nature whatsoever, in accordance with this Municpality’s
Cross Connection And Backflow Prevention By-Law.
3. This section of the by-law, pertains to the control and use of
water meters connected to the water system.
(i) All water meters, installed by this Municipality or for this
Municipality are and shall remain, the property of this
Municipality.
(ii) It shall be mandatory, for any new commercial,
agricultural, industrial, institutional or residential building
or new use or uses in an existing building, to which water
is connected, through the municipal distribution system, to
have a water meter complete with an external remote
readout, or device prescribed by this Municipality, installed
prior to activation or delivery of any water to the premises.
The water meter size, shall be the same size, as the
diameter of the water service connection.
(iii) Every owner shall provide a place for a water meter, which
place, in the opinion of the Works Officer, is suitably
located within the building, at or near, the point of entry of
the water service pipe and on the owner’s side of the shut-
off valve, so the meter can be easily read and will not be
exposed to freezing temperatures.
(iv) Every owner, shall provide a place, for a remote meter
reading device, that shall be connected to the meter by
means of a wire conductor and such device shall be
determined by the Works Officer.
(v) Where the premises of an owner are, of such a nature that
a meter cannot be properly installed, in a building or if the
building is not sufficiently frost-proof, as to guarantee the
safety of the meter, the Works Officer, may order the owner
to construct an approved frost-proof chamber, in which the
meter can be installed.
Water & Sewer By-Law
By-Law #1203-10
Page 18/58
III. 3 (cont’d)
(vi) This Municipality will be responsible to supply, 19 mm
diameter water meters, only to residential units. The
supply of water meters, in excess of 19 mm diameter shall
be purchased by the owner, in accordance with this
Municipality’s specifications. All water meters, shall be
installed by the owner, under this Municipality’s
supervision.
(vii) Where the required meter is larger than 19 mm nominal
pipe diameter or serves more than one above ground floor,
it shall be valved on both sides. Where the required meter
is larger than 19 mm. nominal pipe diameter or where the
required meter is a turbine type or compound type, the
owner shall provide a valved bypass arrangement designed
and installed to the satisfaction of the Works Officer to
enable testing and servicing of the meter.
(viii) The Works Officer, shall have right of access, to all parts of
an owner’s property or premises, at all reasonable hours,
for the purpose of installing, removing, repairing, reading,
testing or inspecting meters or outside remote readouts.
This Municipality shall have the right to suspend water
service, to any owner, who refuses such access or does not
respond to requests, by the Works Officer, for such access.
(ix) It is the owner’s responsibility, to maintain clear access to
water meters. Where it is not possible to read a water
meter, it will be permissible for this Municipality, to
estimate consumption.
(x) No person, shall remove or in any way interfere with, any
water meter affixed to a water service of this Municipality,
without approval of the Works Officer.
Water & Sewer By-Law
By-Law #1203-10
Page 19/58
III. 3 (cont’d)
(xi) The owner, shall be responsible for the meter, on his
service pipe and shall protect such water meter. The
owner, shall be liable for any damage, to the meter or
outside remote readout, resulting from carelessness, hot
water, steam, the action of frost or any other cause, not the
fault of this Municipality or its agents and employees. The
cost, to this Municipality, occasioned by the damage to the
water meter or outside remote readout, shall be paid by the
owner. If, after the rendering of any invoice, by this
Municipality, to the owner for the cost, the invoice is not
paid within thirty (30) days from the date rendered, the
supply of water to the premises may be suspended until all
charges are paid.
(xii) Where an owner requests a Municipally-owned water meter
to be tested for accuracy, a fee; as outlined in Schedule
“A”; shall be paid, prior to the test being conducted. Such
fee may be refundable, only if the tested meter is found to
register volumes higher, by more than five percent (5%) of
the standard test.
(xiii) Where an owner or any owner’s agent requests, that the
water meter be read, at any time other than the time that it
is normally read, the owner shall be liable to pay, a fee,
equal to the quarterly demand charge, for a unit.
(xiv) The water supply, to any existing premises, may be
metered, at the option of this Municipality. The meter,
shall be of a type, approved by this Municipality. A
demand charge, shall be made, in accordance with
Schedule “A” of this By-Law.
(xv) A person or his representative(s), designated by the
Council, may at any reasonable hour, enter any premises in
the execution of his duties, in respect of the maintenance
and repair of this Municipality’s water system and for the
purpose, of examining and reading water meters.
(xvi) The Council, by motion of Council, may cause the water
supply, to be discontinued, to any premises, where a
designated employee(s), is refused entry on such premises.
Water & Sewer By-Law
By-Law #1203-10
Page 20/58
III. (cont’d)
4. This section of the by-law pertains to the supply of water to the
water users of the water distribution system.
(i) This Municipality, shall not be deemed to guarantee, an
uninterrupted supply or a sufficient or uniform pressure
and shall not be liable, for any damage or injury incurred,
by reason of the interruption of supply, variation of
pressure or on account of the turning off or turning on of
the water, for any cause.
Water & Sewer By-Law
By-Law #1203-10
Page 21/58
IV SANITARY SEWER COLLECTION SYSTEM
The sanitary sewer system of this Municipality is for the collection and
transportation of municipal wastewater and other septage, approved by
this Municipality, to this Municipality’s sewerage treatment facility.
1. This section of the by-law outlines the objectives of the sanitary
sewer collection system and treatment, for this Municipality.
(i) Protecting the sewer collection system from corrosion, other
damage and obstruction.
(ii) Protecting the wastewater treatment process from upset.
(iii) Protecting the public, municipal workers and property from
hazardous conditions (such as explosions).
(iv) Assisting optimum wastewater system efficiency, by
preventing uncontaminated water from entering the
system.
(v) Protecting wastewater sludge quality.
(vi) Protecting the environment, from contaminants, that are
not removed by the public treatment system(s).
(vii) Assisting this Municipality, in maintaining compliance
with the operating conditions established, by the
Department of Environment of the Province of New
Brunswick.
2. This section of the by-law outlines the requirements, to be
connected to the sanitary sewer system.
(i) Every owner or leaseholder of a house, building, tenement
or premises, fronting or abutting, on any street, along or
through which, a sanitary sewer main is laid and every
owner, as aforesaid, which the Department Of Health shall
require to be drained for sanitary purposes, shall cause
such house, building, tenement or premises to be connected
with and drained into such sanitary sewer main, by means
of a sanitary sewer service lateral, to be constructed, in the
manner provided for, in and by this By-Law.
Water & Sewer By-Law
By-Law #1203-10
Page 22/58
IV. 2 (cont’d)
(ii) Any person, desiring to connect his premises, to any
sanitary sewer main or by a sanitary sewer service lateral,
shall sign and file, with this Municipality, a written
application, on a Municipal form for a permit to make such
connection.
(iii) All sanitary sewer services, when approved, shall be
constructed, by municipal forces or qualified contractors,
from the sanitary sewer main, to the property line.
(iv) The minimum size of a building sanitary sewer shall be
one hundred millimetres (100 mm), inside diameter.
(v) All building sewers, on private property, shall be
constructed by the owner’s forces, to the satisfaction of the
Designated Sewer Officer and said sewers require an
inspection, by this Municipality, prior to backfilling.
(vi) All new building sanitary sewer drains, shall have a
backwater valve installed, on branch sewers, in such a
manner, as to protect all fixtures, including floor drains,
located in floor areas below grade, from the backflow of
wastewater, caused by surcharge. Installation is to be, in
accordance with, Section 2.4.6.4 of the National Plumbing
Code. Supply and installation of backwater valves and
their required cleaning and maintenance is the
responsibility, of the owner, of the building. The top of the
valve or an access mechanism, must be accessible to the
owner, at all times, for required maintenance, to ensure
proper, continuous operation.
(vii) This Municipality shall maintain the sanitary sewer service
from the sanitary sewer main, to the property line, at the
expense of this Municipality.
(viii) The owner, shall maintain the building sanitary sewer
from the property line, to and including his building, at
their expense.
Water & Sewer By-Law
By-Law #1203-10
Page 23/58
IV. 2. (cont’d)
(ix) When any building sanitary sewer connection is
abandoned, the owner or agent shall effectively block up or
cap the connection at the property line, so as to prevent
sewage backing up into the soil or to prevent dirt from
being washed into the sanitary sewer main and such work
is to be verified, by this Municipality prior to backfilling.
(x) No unauthorized person, shall uncover, make any
connection to or opening into, use, alter or disturb any
sanitary sewer main or appurtenances thereof, without the
approval of the Designated Sewer Officer.
(xi) No person shall discharge water, from a heat pump system,
into the sanitary sewer system.
3. This section of the by-law outlines controls, for the discharge of
pollutants, into the sanitary sewer system and has the following
objectives, to achieve this control.
(i) no person shall release, or permit the release of, any
matter, into the sanitary sewer system, except:
a. domestic wastewater;
b. non-domestic wastewater, that complies with the
requirements of this by-law;
c. hauled wastewater, including septage, that complies
with the requirements of this by-law, or where a Waste
Discharge Permit has been issued, by the Designated
Sewer Officer;
d. storm water, clear-water waste, subsurface water or
other matter, where a Waste Discharge Permit has been
issued, by the Designated Sewer Officer;
e. extra strength matter, where an Extra Strength
Surcharge Agreement, is in place.
(ii) No person, shall release, or permit the release of, any
matter into the sanitary sewer system, except, if required
by this Municipality.
Water & Sewer By-Law
By-Law #1203-10
Page 24/58
IV. 3 (cont’d)
(iii) The Designated Sewer Officer, may issue a Discharge
Abatement Order to:
a. require a person, to alter the quantity, composition,
duration and timing, of the discharge or cease
discharge of non-domestic waste or hauled
wastewater, to this Municipality’s sanitary sewer
main or wastewater treatment facility;
b. include any terms or conditions, that could be
included, in a Waste Discharge Permit; and
c. shut down all non-compliant releases.
The Designated Sewer Officer, may amend or cancel a
Discharge Abatement Order.
4. PRETREATMENT FACILITIES
(i) Where required, by the Designated Sewer Officer, the
owner or operator shall, install on the premises, and prior
to the sampling point, a wastewater pretreatment facility.
(ii) The owner or operator, shall ensure that the design,
operation and maintenance of the pretreatment facility,
achieves the treatment objectives and is, in accordance,
with the manufacturer’s recommendations.
(iii) The owner or operator, shall ensure that any waste
products, from the pretreatment facility, are disposed of, in
a safe manner, and in accordance with Department of
Environment Acts and Regulations as amended from time
to time.
(iv) The maintenance records and waste disposal records, shall
be available to the Designated Sewer Officer, upon request.
(v) The owner or operator, shall keep documentation,
pertaining to the pretreatment facility and waste disposal,
for two years.
Water & Sewer By-Law
By-Law #1203-10
Page 25/58
IV. cont’d)
5. HAULED WASTEWATER
(i) No person, shall discharge hauled wastewater including
septage, to this Municipality’s sanitary sewer system
unless:
a. the carrier, of the hauled wastewater including
septage, operating as a waste management system,
has a certificate of approval, or provisional
certificate of approval, issued by, the Department of
Environment, of the Province of New Brunswick or is
exempt from the requirement, to have a certificate or
provisional certificate of approval;
b. a copy, of the most recent certificate of approval or
provisional certificate and any amendment, is
provided to this Municipality; and
c. the carrier receives permission to discharge
wastewater, including septage, into the sanitary
sewer system, by the Designated Sewer Officer.
d. the carrier meets all conditions, for discharge, that
are or may be set, from time to time, with respect to
the haulage of wastewater, by this Municipality.
(ii) No person, shall discharge or permit the discharge, of
hauled wastewater, including septage:
a. at a location, other than a hauled wastewater
discharge location, approved by this Municipality.
b. without a manifest, in a form, approved by the
Designated Sewer Officer, completed and signed by
the carrier and deposited in an approved location, at
the time of discharge.
c. without the use, of a discharge hose, placed securely
in the discharge portal, at the approved location.
Water & Sewer By-Law
By-Law #1203-10
Page 26/58
IV. (cont’d)
6. HAULED WASTE
(i) No person, shall discharge hauled waste, to this
Municipality’s sanitary sewer system, unless:
a. the carrier of the hauled waste, operating as a waste
management system, has a certificate of approval or
provisional certificate of approval, issued by the
Department of Environment, of the Province of New
Brunswick or is exempt, from the requirement, to
have a certificate or provisional certificate of
approval;
b. a copy, of the most recent certificate or provisional
certificate and any amendment, of approval is
provided to this Municipality;
c. hauled waste meets the conditions set out, in the
Department of Environment, of the Province of New
Brunswick’s Acts and Regulations, as amended,
from time to time; and
d. the carrier meets all conditions, for discharge, that
are or may be set, from time to time, with respect to
the haulage of waste, by this Municipality.
(ii) No person, shall discharge or allow or cause hauled waste
to be discharged, into a sewer, except at sites designated
by the Designated Sewer Officer.
7. NON-CONTACT COOLING WATER
(i) The discharge of non-contact cooling water or
uncontaminated water, into a sanitary sewer main, from
any residential property, is prohibited. The discharge of
non-contact cooling water or uncontaminated water, into a
sanitary sewer main, from industrial, commercial or
institutional properties is permissible, where:
a. in the case of a proposed building, no storm sewer
exists adjacent to the building and no opportunity
exists, to discharge to yard drainage; or
b. in the case of an existing building, no storm
connection exists to the building and no opportunity
exists to discharge to yard drainage.
Water & Sewer By-Law
By-Law #1203-10
Page 27/58
IV. (cont’d)
8. WATER ORIGINATING FROM A SOURCE OTHER THAN THE
MUNICIPAL WATER SUPPLY
(i) The discharge of water, originating from a source, other
than this Municipality water supply, including storm water
or groundwater, directly or indirectly, into the sanitary
sewer system, is prohibited, unless:
a. the discharge is, in accordance, with a Waste Discharge
Permit; and
b. the discharge, does not exceed the limits set out, under
Schedule “C”, with respect to biochemical oxygen
demand, total phosphorus or total suspended solids;
c. in the event, the discharge does exceed the limits set out
under Schedule “C”, with respect to any of biochemical
oxygen demand, total phosphorus or total suspended
solids, the discharge is, in accordance with, an Extra
Strength Surcharge Agreement.
9. PROHIBITION OF DILUTION
No person, shall discharge, directly or indirectly, or permit the
discharge or deposit of wastewater, into this Municipality’s
sanitary sewer main, where water has been added to the
discharge, for the purposes of dilution, to achieve compliance
with Schedule “C” or Schedule “E” of this by-law.
10. MONITORING ACCESS POINT
The monitoring access point, for the sanitary sewer system, shall
be, in accordance with Section VII, Monitoring Access Point, in
this by-law.
11. SAMPLING
The sampling for wastewater, in the sanitary sewer system, shall
be, in accordance with Section VI, Sampling, in this by-law.
Water & Sewer By-Law
By-Law #1203-10
Page 28/58
IV. (cont’d)
12. WASTEWATER TESTING
The Designated Sewer Officer shall carry out testing as outlined
in the following subsections:
(i) when required by the Designated Sewer Officer, the owner
of any property, serviced by a building sewer carrying
industrial wastes, shall install a suitable control manhole,
together with such necessary appurtenances, in the
building sewer, to facilitate observation and sampling of
the wastes. When required, such manhole shall be
constructed, in accordance with plans, approved by the
Designated Sewer Officer. The manhole shall be installed,
by the owner, at his expense and shall be maintained by
him, so as to be safe and accessible, at all times. In the
event that no special manhole is required, the control
manhole shall be considered to be the nearest downstream
manhole, in the sanitary sewer below the point, at which
the sewer connection of the owner occurs.
(ii) volume of wastewater is to be determined by cubic meters
of water consumption or by a wastewater meter or such
other method, as determined feasible, by this Municipality.
BOD determinations are to be as prescribed in “Standard
Methods For the Examination Of Water And Wastewater,
Nineteenth Edition”, or subsequent editions, published
jointly by American Public Health Association, American
Water Works Association and Water Pollution Control
Federation.
(iii) tests for BOD may be carried out on a weekly basis, by this
Municipality and duplicate samples, may be submitted to
the owner, on request.
Water & Sewer By-Law
By-Law #1203-10
Page 29/58
IV. (cont’d)
13. EXTRA STRENGTH SURCHARGE
(i) The discharge or deposit of wastewater by a person that
would otherwise be prohibited by this by-law, may be
permitted to an extent fixed by:
a. an Extra Strength Surcharge Agreement, including
conditions for payment, of additional costs of
operation, repair and maintenance of the wastewater
works, and on other terms and conditions, as may be
deemed appropriate, by this Municipality; and/or
b. a Sanitary Discharge Agreement, including
conditions for payment, for water pollution control
treatment, that otherwise, would have been obtained
from a surcharge on the water, had it been supplied,
by this Municipality and on other terms and
conditions, as may be deemed appropriate, by this
Municipality.
(ii) The Designated Sewer Officer, may assess an extra
strength surcharge, for wastewater releases that exceed the
limits of treatable parameters. An Extra Strength
Surcharge Agreement may only be entered into, with
respect to the discharge, of the following treatable
parameters in wastewater: biochemical oxygen demand
and/or chemical oxygen demand, total phosphorus, oil and
grease of animal and vegetable origin, total suspended
solids and total Kjeldahl nitrogen. Schedule “E” provides
the maximum concentrations the Designated Sewer Officer
will consider, for Extra Strength Surcharge Agreements.
The discharger, shall pay the assessed amount, per the
terms established, by the Designated Sewer Officer, for the
duration of the discharge.
Water & Sewer By-Law
By-Law #1203-10
Page 30/58
IV. 13. (cont’d)
(iii) Should testing of the wastewater being discharged into the
sanitary sewer collection system be required for the
purpose of determining the wastewater surcharge rate,
such testing shall be conducted, by the Designated Sewer
Officer, or by the owner, to the satisfaction of the
Designated Sewer Officer, using automated sampling
devices or in accordance with the following manual
sampling protocol:
a. Samples from the effluent, produced at a location
will be collected each day, for a minimum of two
days;
b. A minimum of four grab samples of equal volume
shall be taken each day, and such samples to be
taken at least one hour apart;
c. The analysis shall be conducted on a composite
sample made, of each day's grab samples;
d. The respective results of these tests, shall be
averaged, to determine the characteristics and
concentration of the effluent being discharged into
this Municipalities sanitary sewer collection system.
(iv) A Sanitary Discharge Agreement may be entered into, with
respect to the discharge of wastewater, which contains
water that has originated from a source, other than the
Municipal water supply system.
(v) Extra Strength Surcharge Agreements and Sanitary
Discharge Agreements, shall be generally in the form,
designated by the Designated Sewer Officer, from time to
time. The Designated Sewer Officer, after approval by this
Municipality’s Council, shall be authorized to execute Extra
Strength Surcharge Agreements and Sanitary Discharge
Agreements on behalf of this Municipality.
(vi) The extra strength surcharge rate and the sanitary
discharge rate will be reviewed and adjusted accordingly,
from time to time, as determined by this Municipality.
(vii) The agreements contemplated in this Section may be
terminated by the Municipality, by written notice at any
time, including but not limited to, an emergency situation
of immediate threat or danger to any person, property,
plant or animal life, water or sanitary sewer system.
Water & Sewer By-Law
By-Law #1203-10
Page 31/58
IV. (cont’d)
14. FOOD-RELATED GREASE INTERCEPTORS
(i) Every owner or operator, of a restaurant or other
industrial, commercial or institutional premises, where
food is cooked, processed or prepared, for which the
premises is connected directly or indirectly, to a sanitary
sewer main, shall take all necessary measures, to ensure
that oil and grease are prevented from entering the
sanitary sewer main, in excess of the provisions of this by-
law.
(ii) The owner or operator of the premises, as set out in this
Subsection, shall install, operate, and properly maintain an
oil and grease interceptor, in any piping system at its
premises, that connects directly or indirectly to a sewer.
The oil and grease interceptors, shall be installed, in
compliance with the most current requirements of the
applicable code. The installation of the oil and grease
interceptor shall meet the requirements of the Canadian
Standards Association national standard CAN/CSA B-481.2,
as amended.
(iii) All oil and grease interceptors, shall be maintained,
according to the manufacturer’s recommendations. The
testing, maintenance and performance of the interceptor
shall meet the requirements of CAN/CSA B-481. Traps
should be cleaned, before the thickness of the organic
material and solids residuals is greater than twenty-five
percent of the available volume; cleaning frequency should
not be less than every four weeks. Maintenance
requirements should be posted in the workplace, in
proximity to the grease interceptor.
(iv) A maintenance schedule and record of maintenance shall
be available to the Designated Sewer Officer, upon request
for each interceptor installed.
(v) The owner or operator of the restaurant or other industrial,
commercial or institutional premises, where food is cooked,
processed or prepared, shall, for two years, keep the
document of proof, for interceptor clean-out and oil and
grease disposal.
Water & Sewer By-Law
By-Law #1203-10
Page 32/58
IV. 14 (cont’d)
(vi) Emulsifiers shall not be discharged to the sewer system
through interceptors. No person shall use enzymes,
bacteria, solvents, hot water or other agents to facilitate
the passage of oil and grease through a grease interceptor.
(vii) In the case of failure to adequately maintain the grease
interceptor, to the satisfaction of the Designated Sewer
Officer, the Designated Sewer Officer may require an
alarmed monitoring device to be installed, at the expense
of the owner, in accordance with specifications of CAN/CSA
B-481.
(viii) All interceptors shall be of a type and capacity approved by
the Designated Sewer Officer and shall be so located as to
be readily and easily accessible, for cleaning and
inspection. Where installed, all food related grease
interceptors shall be maintained by the owner at their
expense, for continuously efficient operation, at all times.
(ix) Each and any separator shall be, in accordance with, the
guidelines for separators, as issued by the New Brunswick
Department Of Environment.
15. VEHICLE AND EQUIPMENT SERVICE OIL AND GREASE
INTERCEPTORS
(i) Every owner or operator, of a vehicle or equipment service
station, repair shop or garage or of an industrial,
commercial or institutional premises or any other
establishment, where motor vehicles are repaired,
lubricated or maintained and where the sanitary discharge
is, directly or indirectly, connected to a sewer, shall install
an oil and grease interceptor, designed to prevent motor oil
and lubricating grease from passing into the sanitary
sewer main, in excess of the limits in this by-law.
Water & Sewer By-Law
By-Law #1203-10
Page 33/58
IV. 15. (cont’d)
(ii) The owner or operator, of the premises as set out in
Subsection (i), shall install, operate, and properly maintain
an oil and grease interceptor, in any piping system, at its
premises, that connects, directly or indirectly, to a sewer.
The oil and grease interceptors, shall be installed, in
compliance with the most current requirements of the
applicable code and be maintained, as recommended, by
the Canadian Petroleum Products Institute (CPPI).
(iii) All interceptors, shall be of a type and capacity, approved
by the Designated Sewer Officer and shall be so located, as
to be readily and easily accessible for cleaning and
inspection. Where installed, all grease and oil interceptors
shall be maintained, by the owner, at their expense, for
continuously efficient operation at all times.
(iv) Each and any separator, shall be, in accordance with the
guidelines for separators, as issued by the New Brunswick
Department Of Environment.
(v) All oil and grease interceptors and separators shall be
maintained in good working order and according to the
manufacturer’s recommendations and shall be inspected by
the owner or operator, regularly, to ensure performance is
maintained to the manufacturer’s specifications for
performance and inspected to ensure the surface oil and
sediment levels do not exceed the recommended level.
(vi) A maintenance schedule and record of maintenance, shall
be submitted to the Designated Sewer Officer, annually, for
each oil and grease interceptor installed.
(vii) The owner or operator, of the premises, as set out in
Subsection (i), shall, for two years, keep the document of
proof, for interceptor clean-out and oil and grease disposal.
(viii) Emulsifiers shall not be discharged to the sewer system
through interceptors. No person shall use enzymes,
bacteria, solvents, hot water or other agents to facilitate
the passage of oil and grease through an oil and grease
interceptor.
Water & Sewer By-Law
By-Law #1203-10
Page 34/58
IV. 15. (cont’d)
(ix) In the case of failure to adequately maintain the oil and
grease interceptor to the satisfaction of the Designated
Sewer Officer, the Designated Sewer Officer may require an
alarmed monitoring device to be installed, at the expense
of the owner.
16. SEDIMENT INTERCEPTORS
(i) Every owner or operator of the premises, from which
sediment may, directly or indirectly, enter a sanitary sewer
main, including but not limited to premises using a ramp
drain or area drain and vehicle wash establishments, shall
take all necessary measures, to ensure that such sediment
is prevented from entering the sanitary sewer drain or
sanitary sewer main, in excess of the limits in this by-law.
(ii) All sediment interceptors shall be maintained in good
working order and according to manufacturer’s
recommendations and shall be inspected regularly by the
owner or operator to ensure performance is maintained to
the manufacturer’s specifications for performance.
(iii) The owner or operator of a premises as set out in
Subsection (i), shall, for 2 years, keep documentation of
interceptor clean-out and sediment disposal.
(iv) A maintenance schedule and record of maintenance, shall
be submitted to the Designated Sewer Officer, upon
request, for each sediment interceptor installed.
(v) All interceptors shall be of a type and capacity, approved
by the Designated Sewer Officer and shall be so located as
to be readily and easily accessible, for cleaning and
inspection. Where installed, all grit and sand interceptors
shall be maintained, by the owner, at his expense, for
continuously efficient operation at all times.
(vi) Each and any separator, shall be in accordance with the
guidelines for separators as issued, by the New Brunswick
Department Of Environment.
Water & Sewer By-Law
By-Law #1203-10
Page 35/58
IV. (cont’d)
17. DENTAL WASTE AMALGAM SEPARATOR
(i) Every owner or operator of the premises from which dental
amalgam may be discharged, which waste may, directly or
indirectly, enter a sanitary sewer, shall install, operate and
properly maintain dental amalgam separator(s) with at
least 95% efficiency in amalgam weight and certified ISO
11143 – “Dental Equipment: Amalgam Separators”, in any
piping system, at its premises that connects, directly or
indirectly, to a sanitary sewer, except where the sole
dental-related practice at the premises consists of one or
more of the following specialties or type of practice:
a. Orthodontics and dentofacial orthopaedics;
b. Oral and maxillofacial surgery;
c. Oral medicine and pathology;
d. Periodontics; or
e. A dental practice consisting solely of visits by a
mobile dental practitioner, who prevents any dental
amalgam from being released, directly or indirectly
to the wastewater works.
(ii) Notwithstanding Subsection (i), any person operating a
business, from which dental waste amalgam is or could be
discharged, directly or indirectly, to a sanitary sewer main,
at premises which are constructed or substantially
renovated, shall install, operate and properly maintain
dental waste amalgam separator(s), in any piping system
which is connected, directly or indirectly, to a sewer.
(iii) Notwithstanding compliance with Subsection (i) and (ii),
all persons operating or carrying on the business of a
dental practice shall comply with Schedule “B” and
Schedule “D” of this by-law.
(iv) All dental waste amalgam separators shall be maintained
in good working order and according to the manufacturer’s
recommendations.
(v) A maintenance schedule and record of maintenance shall
be submitted to the Designated Sewer Officer, upon
request, for each dental amalgam separator installed.
Water & Sewer By-Law
By-Law #1203-10
Page 36/58
IV. 17. (cont’d)
(vi) Each and any separator, shall be in accordance with the
guidelines for separators, as issued by the New Brunswick
Department Of Environment.
(vii) All interceptors, shall be of a type and capacity, approved
by the Designated Sewer Officer and shall be so located, as
to be readily and easily accessible for cleaning and
inspection. Where installed, all dental amalgam
interceptors, shall be maintained by the owner at his
expense, for continuously efficient operation, at all times.
(viii) Each and any separator, shall be in accordance with the
guidelines for separators, as issued by the New Brunswick
Department Of Environment.
18. FOOD WASTE GRINDERS
(i) No person, shall install or operate, within this
Municipality, any food waste grinding devices, for domestic
purposes, the effluent from which will discharge, directly or
indirectly, into a sanitary, combined or storm sewer.
(ii) In the case of industrial, commercial or institutional
properties, where food waste grinding devices are installed,
in accordance with the applicable code, the effluent from
such food waste grinding devices must comply with
Schedule ‘’B’ and Schedule ‘C’.
(iii) Food waste grinders shall not be equipped with motors, in
excess of ½ horsepower.
19. SPILL
In the event of a spill, into the sanitary sewer system, the
reporting shall be, in accordance with Section VIII, Spill, in this
by-law.
20. AUTHORITY OF DESIGNATED SEWER OFFICER
The authority of the Designated Sewer Officer shall be, in
accordance with, section IX, Designated Sewer Officer, in this by-
law.
Water & Sewer By-Law
By-Law #1203-10
Page 37/58
V STORM SEWER COLLECTION & DISPOSAL
The storm sewer system is for the collection and disposal of storm
water.
1. This section outlines the requirements to be connected to the
storm sewer system.
(i) Every owner or leaseholder of a house, building tenement
or premises, fronting or abutting on any street, along or
through which a storm sewer is laid and may be drained,
for storm purposes, shall cause such house, building,
tenement or premises to be connected with and drained
into such storm sewer, by means of a storm sewer service,
to be constructed, in a manner provided for, in and by this
By-Law.
(ii) Any person desiring to connect his premises with any
storm sewer, shall sign and file with this Municipality, a
written application on a Municipal form for a permit, to
make such connection.
(iii) All storm sewer services, when approved, shall be
constructed by municipal forces or qualified contractors,
from the storm sewer main, to the property line.
(iv) The minimum size of a building storm sewer shall be one
hundred millimeters (100 mm), inside diameter.
(v) All building storm sewers on private property shall be
constructed by the owner’s forces, to the satisfaction of the
Designated Sewer Officer.
Water & Sewer By-Law
By-Law #1203-10
Page 38/58
V. (cont’d)
2. This section of the by-law pertains to the control and use of the
storm sewer system.
(i) All new building storm drains shall have a backwater
valve installed, in such a manner as to protect the subsoil
drainage pipe from any surcharge from the storm sewer
main. When a backwater valve is installed, it is to be in
accordance with, Section 2.4.6.4 of the National Plumbing
Code. Supply and installation of backwater valves and
their required cleaning and maintenance is the
responsibility of the owner of the building. When a
backwater valve is installed, the top of the valve or an
access mechanism must be accessible to the owner, at all
times, for required maintenance, to ensure proper
continuous operation.
(ii) This Municipality shall maintain the storm sewer service
from the storm sewer to the property line if the storm sewer
line is to be accessed at the expense of this Municipality.
(iii) The owner shall maintain the building storm sewer from
the property line, to and including his building, at their
expense.
(iv) When any building storm sewer connection is abandoned,
the owner or agent shall effectively block up or cap the
connection at the property line so as to prevent storm water
backing up into the soil or to prevent dirt from being
washed into the storm sewer main and such work is to be
verified, by this Municipality, prior to backfilling.
Water & Sewer By-Law
By-Law #1203-10
Page 39/58
V. (cont’d)
(v) No person shall discharge, release, suffer or cause to be
discharged, into this Municipality’s storm sewer system, or
any public or private connections to the storm sewer
system, any matter of any type or at any temperature or in
any quantity, which may interfere with the proper
operation of a storm sewer, or which may obstruct a storm
sewer or the flow therein, or which may be or may become
a hazard to persons, animals or property, or which may
impair the quality of the water in any well, river, spring,
stream, reservoir or other water or watercourse and
without limiting the generality of the foregoing, any of the
items outlined in Schedule “F”.
3. PROHIBITION OF DILUTION
(i) No person shall discharge, directly or indirectly, or permit
the discharge or deposit of wastewater into this
Municipality’s storm sewer main, where water has been
added to the discharge, for the purposes of dilution, to
achieve compliance with this by-law.
(ii) No person shall discharge, directly or indirectly, or permit
the discharge or deposit of any matter into this
Municipality’s storm sewer, where water has been added to
the discharge for the purposes of dilution to achieve
compliance with this by-law.
4. SAMPLING
The sampling for wastewater in the storm sewer system, shall be
in accordance with Section VI, -Sampling, in this by-law.
5. MONITORING ACCESS POINT
The monitoring access point for the storm sewer system, shall be
in accordance with section VII, Monitoring Access Point, in this
by-law.
Water & Sewer By-Law
By-Law #1203-10
Page 40/58
6. SPILL
In the event of a spill into the storm sewer system, the reporting
shall be in accordance with Section VIII, Spill, in this by-law.
7. AUTHORITY OF DESIGNATED SEWER OFFICER
The authority of the Designated Sewer Officer shall be, in
accordance with section IX, Designated Sewer Officer in this by-
law.
VI. SAMPLING
1. Where sampling is required, for the purposes of determining the
concentration of constituents in the wastewater, storm water or
uncontaminated water, the sample may:
(i) be collected manually or by using an automatic sampling
device; and
(ii) contain additives for its preservation.
2. For the purpose of determining compliance with Schedule “B”,
discrete wastewater streams within premises may be sampled, at
the discretion of the Designated Sewer Officer.
3. Any single grab sample may be used to determine compliance
with Schedules “B” and “C”.
Water & Sewer By-Law
By-Law #1203-10
Page 41/58
VII. MONITORING ACCESS POINTS
1. The owner or operator of commercial, institutional or industrial
premises or multi-storey residential buildings with one or more
connections to a sanitary and/or storm sewer system, shall install
and maintain in good repair, in each connection, a suitable
monitoring access point to allow observation, sampling and flow
measurement of the wastewater, uncontaminated water or storm
water therein, provided that, where installation of a monitoring
access point is not possible, an alternative device or facility may
be substituted, with the prior written approval of the Designated
Sewer Officer.
2. The monitoring access point or alternative device, such as a
sampling port shall be located on the property of the owner or
operator of the premises, as close to the property line as possible,
unless the Designated Sewer Officer has given prior written
approval for a different location.
3. Each monitoring access point, device or facility installed, shall be
designed and constructed in accordance with good engineering
practice and the requirements of the Municipality, and shall be
constructed and maintained by the owner or operator of the
premises, at their expense.
4. The owner or operator of an industrial, commercial or
institutional premises or a multi-storey residential building shall,
at all times, ensure that every monitoring access point,
alternative device or facility installed, as required by this by-law,
is accessible to the Designated Sewer Officer, for the purposes of
observing, sampling and flow measurement of the wastewater,
uncontaminated water or storm water therein.
5. The following discharger activities require sampling ports, when
it is not possible to install a monitoring access point:
(i) Dental offices
(ii) Businesses using photographic processing units.
Water & Sewer By-Law
By-Law #1203-10
Page 42/58
VIII SPILL
1. In the event of a spill into the storm and sanitary sewer system,
as well as, into the water distribution network, the person
responsible or the person having the charge, management and
control of the spill, shall immediately notify and provide any
requested information with regard to the spill to:
(i) If there is any immediate danger to human health and/or
safety
a. 9-1-1 emergency
or
(ii) If there is no immediate danger:
a. the Municipality, by contacting the Works Officer
and or Designated Sewer Officer, and
b. the owner of the premises, where the release
occurred, and
c. any other person, whom the person reporting knows
or ought to know, may be directly affected, by the
release.
2. The person shall provide a detailed report on the spill to this
Municipality, within five working days after the spill, containing
the following information to the best of his or her knowledge:
(i) Location where spill occurred;
(ii) Name and telephone number of the person who reported
the spill and the location and time where they can be
contacted;
(iii) Date and time of spill;
(iv) Material spilled;
(v) Characteristics and composition of material spilled;
(vi) Volume of material spilled;
(vii) Duration of spill event;
(viii) Work completed and any work still in progress in the
mitigation of the spill;
(ix) Preventative actions being taken to ensure a similar spill
does not occur again; and
(x) Copies of applicable spill prevention and spill response
plans.
Water & Sewer By-Law
By-Law #1203-10
Page 43/58
VIII. (cont’d)
3. The person responsible for the spill and 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 contaminated residue and
restore the affected area to its condition prior to the spill.
4. Nothing in this by-law relieves any persons from complying with
any notification or reporting provisions of:
(i) Other government agencies, including federal and
provincial agencies, as required and appropriate, for the
material and circumstances of the spill; or,
(ii) Any other by-law of this Municipality.
5. This Municipality may invoice the person responsible for the
spill, to recover costs of time, materials and services arising as a
result of the spill. The person responsible for the spill shall pay
the costs invoiced.
6. This Municipality may require the person responsible for the spill
to prepare and submit a spill contingency plan to the
Municipality, to indicate how risk of future incidents will be
reduced and how future incidents will be addressed.
Water & Sewer By-Law
By-Law #1203-10
Page 44/58
IX. AUTHORITY OF DESIGNATED SEWER OFFICER TO INVESTIGATE
1. The Designated Sewer Officer has the authority to carry out any
inspection reasonably required to ensure compliance with this by-
law, including but not limited to:
(i) Inspect, observe, sample and measure the flow in any
private:
a. drainage system,
b. wastewater disposal system,
c. storm water management facility; and
d. flow monitoring point.
(ii) Determine water consumption by reading water meters;
(iii) Test flow measuring devices;
(iv) Take samples of wastewater, storm water, clear-water
waste and subsurface water being released from the
premises or flowing within a private drainage system;
(v) Perform on-site testing of the wastewater, storm water,
clear-water waste and subsurface water within or being
released from private drainage systems, pretreatment
facilities and storm water management facilities;
(vi) Collect and analyze samples of hauled wastewater coming
to a discharge location;
(vii) Make inspections of the types and quantities of chemicals
being handled or used on the premises in relation to
possible release to a drainage system or watercourse;
(viii) Require information from any person concerning a matter
including the inspection and the receiving of copy
documents or the removal of documents from premises to
make copies;
(ix) Inspect chemical storage areas and spill containment
facilities and request Material Safety Data Sheets (MSDS)
for materials stored or used on site;
(x) Inspect the premises where a release of prohibited or
restricted wastes or of water containing prohibited or
restricted wastes has been made or is suspected of having
been made, and to sample any or all matter that in his/her
opinion could have been part of the release.
2. No person shall hinder or prevent the Designated Sewer Officer
from carrying out any of his/ her powers or duties.
Water & Sewer By-Law
By-Law #1203-10
Page 45/58
X. COMPLIANCE PROGRAMS
1. An Industry may submit to, the Designated Sewer Officer, 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 system. Compliance program
submissions will only be considered for existing industries.
2. An Industry may submit, to the Designated Sewer Officer, 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, ground water or from the Industry’s
premises to eliminate the discharge of matter into municipal
sewer connections.
3. Upon receipt of an application pursuant to Subsection X (1) or (2)
above, the Designated Sewer Officer may issue an approval for a
compliance program for an Industry to discharge an effluent that
does not comply with Schedule “B” and “C” of this by-law, such
approval to be in accordance with this Municipality’s guidelines,
adopted by this Municipality, 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 this Municipality’s
approval during the planning, design and construction or
installation of facilities or works needed to implement the
approved compliance program.
4. Every proposed compliance program shall be for a specified
length of time, during which pretreatment facilities or other
measures are to be installed or implemented 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.
The final activity completion date shall not be later than the final
compliance date in the compliance program.
5. The Industry to which a compliance program has been issued,
shall submit a compliance program progress report to this
Municipality within 14 days after the scheduled completion date
of each activity listed in the compliance program.
Water & Sewer By-Law
By-Law #1203-10
Page 46/58
X. (cont’d)
6. This Municipality may terminate any proposed compliance
program, by written notice, at any time, 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.
7. This Municipality is authorized to execute agreements with
industries, with respect to approved compliance programs. These
agreements may, in accordance with guidelines adopted by this
Municipality, from time to time, include a provision for a
reduction in the payment, otherwise required from the Industry,
to this Municipality pursuant to an Extra Strength Surcharge
Agreement. The reduction in payment to this Municipality may be
in such an amount and for such duration as the agreement may
specify.
8. This Municipality may terminate any approved compliance
program entered into pursuant to Section X, by written notice, at
any time, 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
any such termination, the Industry shall pay, to this
Municipality, the full difference in amount between what it was
required to pay to this Municipality, pursuant to the Extra
Strength Surcharge Agreement, and the amount actually paid to
this Municipality as a result of having entered into an agreement,
with respect to the approved compliance program.
Water & Sewer By-Law
By-Law #1203-10
Page 47/58
XI. CODES OF PRACTICE
1. Application:
(i) A code of practice applies to the Designated Sector
Operations, as outlined in Schedule “D” of this by-law
(ii) A code of practice does not apply to a discharging
operation that is subject to a Waste Discharge Permit,
unless otherwise specified in the Waste Discharge Permit.
(iii) A code of practice does not apply to the discharge of
domestic wastewater.
2. Nothing in a code of practice relieves a person discharging waste
from complying with this by-law, a Waste Discharge Permit or
any other applicable enactment.
3. The Designated Sewer Officer may require a discharging
operation to obtain a Waste Discharge Permit, if considered
necessary, by the Designated Sewer Officer, because of
circumstances not covered by a code of practice.
4. As a condition of discharge of waste into a sewer connected to a
wastewater facility, an operator of a discharging operation must
submit to the Designated Sewer Officer, code of practice
information:
a. Within 90 days of the date of adoption of the applicable
code of practice in the case of a discharging operation in
existence on the adoption date; or
b. In all other cases, within 30 days of the discharging
operation commencing the discharge of waste into a sewer
connected to a wastewater facility.
5. An operator must report any change in the ownership, name,
location, contact person, telephone number, or fax number of a
discharging operation registered under a code of practice to the
Designated Sewer Officer within 30 days of the change by
submitting code of practice information.
6. An operator must report any change in the discharging operation
registered under a code of practice resulting in the operation no
longer meeting the definition applicable to that type of
discharging operation within 30 days of the change by
submitting code of practice information.
Water & Sewer By-Law
By-Law #1203-10
Page 48/58
XI. (cont’d)
7. If a code of practice establishes a requirement in relation to a
specific discharging operation which differs from a provision in
this by-law, the requirement in the code of practice prevails.
Water & Sewer By-Law
By-Law #1203-10
Page 49/58
XII.POLLUTION PREVENTION PLANNING
1. Every subject sector Industry identified in Schedule “C” and
Schedule “E” of this by-law and every Industry which discharges
any amount of a subject pollutant identified in Schedule “E” of
this by-law shall prepare a Pollution Prevention Plan and submit
a copy to this Municipality with respect to the premises from
which the discharge occurs, unless such Industry continually
meets the requirements of Schedule “B” and Schedule “C”.
2. Pollution Prevention Plans submitted to this Municipality shall be
approved by this Municipality, unless this Municipality
determines that the pollution prevention plan does not comply
with the requirements of this article.
3. The Pollution Prevention Plan shall be in the form designated by
this Municipality for that purpose, from time to time.
4. In addition to any other matter or requirement designated by this
Municipality, and notwithstanding Subsection XII(iii), each
Pollution Prevention Plan shall include the following:
(i) A description of the processes at the premises which use or
produce subject pollutants.
(ii) A description of those processes at the premises which are
to be the subject of pollution prevention planning.
(iii) A list of the subject pollutants present at the premises, at
any stage of the operations, of the premises.
(iv) A description setting out the types, quantities and
concentrations, of all subject pollutants discharged,
directly or indirectly, to a sewer.
(v) A description of current waste reduction, recycling, waste
treatment and pollution prevention activities, with respect
to sewer discharges at the premises.
(vi) A description of pollution prevention options for subject
pollutants and sewer discharge and an evaluation of those
options.
(vii) A list of possible targets and timeframes, as specified by
this Municipality, to reduce or eliminate the discharge of
subject pollutants to this Municipality’s sewers.
(viii) A declaration from an authorized person that the content
of the plan is, to the best of that person’s knowledge, true,
accurate and complete.
Water & Sewer By-Law
By-Law #1203-10
Page 50/58
XII. (cont’d)
5. In the event that the activity or business of an Industry which
discharges any amount of a subject pollutant listed in Schedule
“C” is not listed in Schedule “E” of this by-law, then that Industry
shall prepare a Pollution Prevention Plan and submit a copy of
the Pollution Prevention Plan.
6. Any subject sector Industry and any Industry discharging any
amount of a subject pollutant, which commences business
operations, shall have one year from the date of the
commencement of its business operations to prepare a Pollution
Prevention Plan and submit a copy of the Pollution Prevention
Plan to this Municipality.
7. In the event that an Industry submitting a Pollution Prevention
Plan is not sent written notice from this Municipality, that its
Pollution Prevention Plan is not approved by this Municipality,
within 90 days of the Industry delivering a copy of the Pollution
Prevention Plan to this Municipality, the Pollution Prevention
Plan shall be deemed to have been approved, by this
Municipality.
8. Where an Industry receives notice from this Municipality that its
Pollution Prevention Plan has not been approved, the Industry
shall have 90 days to amend and resubmit its Pollution
Prevention Plan to this Municipality for approval in accordance
with this article.
9. In the event that a Pollution Prevention Plan resubmitted to this
Municipality in accordance with Subsection X (viii) of this section
continues to fail to comply with the requirements of this by-law,
this Municipality shall so notify the Industry, and the Industry
shall be in contravention of Subsection XII (i) and shall continue
to be in contravention of this section until such time as this
Municipality approves of an amended Pollution Prevention Plan
resubmitted by the Industry, in accordance with this section.
Water & Sewer By-Law
By-Law #1203-10
Page 51/58
XII. (cont’d)
10. Every subject sector Industry and every Industry discharging a
subject pollutant shall submit a revised Pollution Prevention Plan
for the approval of this Municipality, at least once every three
years from the date which the original plan was required to be
submitted. Such revised and updated Pollution Prevention Plan
shall, in addition to the requirements otherwise set out in this
section, detail and evaluate the progress of the Industry to
accomplish the objectives set out in its Pollution Prevention Plan
and the Industry’s ability to accomplish those pollution
prevention objectives.
11. Every subject sector Industry and every Industry discharging a
subject pollutant shall prepare a revised and updated Pollution
Prevention Plan, no less frequently than once every six years
from the date which the original plan was required to be
prepared, and shall prepare and submit, for this Municipality’s
approval, a copy of the Pollution Prevention Plan with respect
thereto, no later than the date by which any revised and updated
Pollution Prevention Plan must be prepared.
12. Where a subject sector Industry makes changes to the process(es),
product(s) or facility configuration that will result in changes to
the Pollution Prevention Plan, a revised or updated Pollution
Prevention Plan must be prepared and a copy of the Pollution
Prevention Plan shall be submitted for this Municipality’s
approval within 2 calendar months of the change(s).
13. This Municipality may designate any class of business or activity
not included in Schedule “E” of this by-law, as a subject sector
Industry and may designate a date with respect to which any
such subject sector shall be required to submit to this
Municipality, a copy of the Pollution Prevention Plan.
14. This Municipality may designate any matter as a subject
pollutant and may designate a date with respect to which any
Industry discharging such subject pollutant shall be required to
submit to the Municipality, a copy of the Pollution Prevention
Plan.
15. A copy of the Pollution Prevention Plan shall be kept at all times
at the premises in respect to which it was prepared and shall be
available for inspection, by this Municipality, at any time.
Water & Sewer By-Law
By-Law #1203-10
Page 52/58
XII. (cont’d)
16. Implementation of the Pollution Prevention Plan shall be
initiated, within one year of Plan approval, by this Municipality.
XIII GENERAL
1. For the purpose of the administration of this by-law, a designated
employee of the Town may, upon production of his identification,
enter any commercial or industrial premises, to observe, measure
and sample the flow of water or wastewater to any sewer.
2. No person shall break, damage, destroy, deface or tamper with:
(i) Any part of a storm sewer or sanitary sewer system
(ii) Any device, whether permanently or temporarily installed
in a storm sewer or sanitary sewer system for the purpose
of measuring, sampling and testing water or wastewater.
3. For purposes of enforcement of this by-law, the Works Officer for
the Town is hereby designated, as the person authorized, to lay
information relative to any breach of this by-law.
Water & Sewer By-Law
By-Law #1203-10
Page 53/58
XIV WATER, WASTEWATER, & STORM SEWER RATES & CHARGES
1. The water, wastewater, and storm sewer charges levied under
this By-Law are outlined in Schedule “A”.
2. The owner of a building or premises connected to a watermain
and/or sanitary sewer main owned by the Town shall pay or
cause to be paid to the Treasurer, the water and sanitary sewer
rates imposed, with respect to such building or premises at the
time and at the rates set forth in Schedule “A”.
3. The Council may, by resolution, prescribe a discount for prompt
payment of water and wastewater bills.
4. The “Water User Charge” shall be comprised of:
(i) a fixed charge that shall be billed to each owner of property
connected to or who has access to the system;
(ii) a consumption charge based on the volume of water
recorded by the meter on the service or as estimated in a
manner approved by Council; and
(iii) an annual stand-by charge for such buildings that are
connected to the Town water system and are equipped with
water sprinkler systems.
5. The fixed charge portion of the Water User Charge shall be set in
accordance with the meter size and shall be reviewed periodically
and approved by Council. Consumption rates per cubic meter and
the annual stand-by charge shall be as outlined in Schedule “A”.
6. The Water User Charge shall be invoiced quarterly, including the
fixed charge and consumption charge.
7. The owner of a property connected to the water and/or sanitary
sewer system may be charged a flat rate for water and sanitary
sewer service, for each dwelling unit as set forth in Schedule “A”.
The flat rate for water and sewer user charges shall be billed, for
a period of time, as determined by Council.
Water & Sewer By-Law
By-Law #1203-10
Page 54/58
XIV. (cont’d)
8. In a case where the number of units is not established, the
Council may pass a motion to amend the Non-metered User Unit
Table on an individual basis. This shall not prevent Council from
re-evaluating said unit(s) at any time in the future.
9. The owner of a property, which has a water meter, shall be
charged a sanitary sewer service rate based on a percentage of
the water cost, as determined by Council, from time to time, as
set forth in Schedule “A”.
10. The owner of an industrial plant,, which discharges wastewater
shall be charged a sanitary sewer charge based on the volume of
wastewater as determined by a wastewater meter and the BOD of
the discharge wastewater, in accordance with the rates as set
forth in Schedule “A”.
11. A property owner who has private fire hydrant(s) which receive
water from the Town’s watermain, shall be charged an annual
service charge fee as set forth in Schedule “A”.
12. A residential property owner(s) may choose to be charged a flat
rate rather than a metered rate for water consumption, in
accordance with the Town’s policy and a sanitary sewer service
on one occasion, at the start of a semi-annual billing period and
such practice may remain in place until the Town completes
meter installation, for all residential properties.
13. The property owner of a building may request that the water
service to such building be shut off or turned on at the curb stop
and the service charge for each request shall be as set forth in
Schedule “A”.
14. The Town may turn off a water service, where a service has been
discontinued for non-payment of an account and such service
shall not be reconnected, until the account and the reconnect fee
are paid in full.
15. The Town will not charge an owner for a water service turn off or
turn on, which results from necessary repairs to the service.
Water & Sewer By-Law
By-Law #1203-10
Page 55/58
XIV. (cont’d)
16. Any work that may be required to turn off or turn on a water
service, beyond the normal work hours of the Town Works
Department shall be billed to the owner, at an overtime rate in
accordance with the Town’s Standard Charges Policy for the
Works Department.
17. The owner of a building or premises shall pay for a water and/or
wastewater service connection and storm sewer service
connection, in advance, to the Town in accordance with a rate set
by Council provided that the service was not installed by a
developer or by a qualified contractor on behalf of the owner. The
service connection shall mean the installation of the required
water and wastewater pipes and appurtenances from the Town
mains to the nearest boundary line of the owner’s property.
18. All user charges, rates, fees, rentals and penalties payable for
water and/or wastewater services, supplied to or with respect to
any land within the Town, that is not liable to taxation under the
Assessment Act, shall be a debt due to the Town, by the owner or
occupier of such land.
19. When any water rates, user charges, rentals and penalties under
this By-Law remain unpaid for a period of sixty days after same
becomes due, the Treasurer shall add a penalty for non-payment,
amounting to one percent per month, compounded monthly, until
paid and when such rates, user charges, rentals and penalties
remain unpaid for a period of six months, after same becomes
payable, the service shall be discontinued by the Town.
20. The owner of a building or premises shall be liable for all rates
for water, wastewater and storm sewer user charges, service
connections, rentals and penalties imposed, with respect to such
building or premises, whether occupied by themselves or their
tenants.
Water & Sewer By-Law
By-Law #1203-10
Page 56/58
XIV. (cont’d)
21. All user-charge rates, fees, rentals and penalties payable for
water and/or wastewater services, supplied to or with respect to
any land within the Town, that is liable to taxation under the
Assessment Act and are due and payable for a period of sixty
days, constitute a special lien and charge on such land in priority
to every claim, privilege, lien or encumbrance of every person,
except the Crown, whether the right or title of that person has
accrued before or accrues after the lien arises, and such lien is
not lost or impaired by any neglect or omission of the Town or of
any officer or employee of the Town or by want of registration,
but such special lien and charge shall not apply to land.
22. No person shall be entitled to damages or to a refund of any
payment for a stoppage or interruption of water supply
occasioned by accident, frost or for the purpose of making
additions or repairs to the water works or to any service pipe or
for any purpose which, in the opinion of the Town, is necessary
or desirable.
XV NOTICE
The Town shall provide ten (10) days notice to an owner who is
in arrears; which notice may be given by Registered Mail
addressed to the owner, postage prepaid and without prejudice to
any rights which the Town may have; that the Town may
discontinue and/or disconnect service to the property, until such
time as the account and/or any other charges have been paid in
full.
Water & Sewer By-Law
By-Law #1203-10
Page 57/58
XVI PENALTIES
1. Any person found violating any provision of this By-Law or who
suffers or permits any act or thing to be done in contravention or
violation of any provision thereof or neglects or fails to do any
act or thing herein required is liable, on summary conviction, to a
fine as may be imposed for commission of an offence, punishable
under Part II of the Provincial Offences Procedure Act, R.S.N.B.
(1973), Chapter P-22.1, and amendments thereto, as a Category C
offence.
2. The provisions of Section XIV are cumulative and optional and
one or more of the remedies provided to the Town may be
undertaken, simultaneously, at the option of the Town.
XVII PLURAL OR FEMININE TERMS
Plural or feminine terms may apply whenever the singular, masculine
or feminine is used in this By-Law. It shall be considered as if the
plural, feminine or masculine has been used, where the context of the
party or parties hereto so requires.
XVIII VALIDITY
The invalidity of any section, clause, sentence or provision of this By-
Law shall not affect the validity of any other part of this By-Law, which
can be given effect without such invalid part or parts.
Water & Sewer By-Law
By-Law #1203-10
Page 58/58
XIX BY-LAW REPEALED
1. The repeal of “A By-Law To Regulate Water & Wastewater
Systems In The Town Of Sussex, By-Law #1203-06” shall not
affect any penalty, forfeiture or liability incurred before such
repeal or any proceeding for enforcing the same, completed or
pending at the time of repeal; nor shall it repeal, defeat, disturb,
invalidate or prejudicially affect any manner or thing whatsoever,
completed, existing or pending, at the time of repeal.
2. The By-Law entitled “A By-Law To Regulate Water & Wastewater
Systems In The Town Of Sussex, By-Law #1203-06” that came
into force on the 18th day of December, 2006, and amendments
thereto, are hereby repealed.
READ FIRST TIME BY TITLE MARCH 21, 2011
READ SECOND TIME BY TITLE MARCH 21, 2011
READ IN ENTIRETY MAY 24, 2011
THIRD READING BY TITLE
AND ENACTED JUNE 20, 2011
RALPH A. CARR PAUL I. MAGUIRE
MAYOR TOWN CLERK
A BY-LAW TO REGULATE WATER, SANITARY AND STORM SEWER
SYSTEMS - BY-LAW # 1203-10
SCHEDULE “B”
SANITARY SEWER PROHIBITED WASTES
Page 1/3
I. No person shall discharge directly or indirectly or deposit or cause or permit
the discharge or deposit of wastewater into the Town’s sanitary sewer
system in circumstances where:
(A) To do so may cause or result in:
(i) A health or safety hazard to a person authorized by the
Municipality to inspect, operate, maintain, repair or otherwise
work on a wastewater works;
(ii) An offence under the Clean Environment Act of the Province of
New Brunswick as amended from time to time, or any
regulation made thereunder from time to time;
(iii) Wastewater sludge from the wastewater treatment facility
works to which either wastewater discharges, directly or
indirectly, to fail to meet the objectives and criteria as listed in
the Clean Environment Act of the Province of New Brunswick,
as amended from time to time;
(iv) Interference with the operation or maintenance of a
wastewater works, or which may impair or interfere with any
wastewater treatment process;
(v) A hazard to any person, animal, property or vegetation;
(vi) An offensive odour to emanate from wastewater works, and
without limiting the generality of the foregoing, wastewater
containing hydrogen sulphide, carbon disulphide, other
reduced sulphur compounds, amines or ammonia in such
quantity as may cause an offensive odour;
(vii) Damage to the sanitary sewer system;
(viii) An obstruction or restriction to the flow in wastewater works.
TToowwnn ooff SSuusssseexx,, NN..BB..
BByy--LLaaww ## 11220033--1100
Schedule “B”
Page 2/3
(B) The wastewater has two or more separate liquid layers.
(C) The wastewater contains:
(i) Hazardous substances;
(ii) Combustible liquid;
(iii) Biomedical waste, including any of the following categories:
human anatomical waste, animal waste, untreated
microbiological waste, waste sharps and untreated human
blood and body fluids known to contain viruses and agents
listed in “Risk Group 4” as defined in “Laboratory Biosafety
Guidelines” published by Health Canada, dated, 2004, as
amended.
(iv) Specified risk material for bovine spongiform encephalopathy
as defined in the federal Fertilizers Regulations (C.R.C., c. 666),
as amended from time to time, including material from the
skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and
dorsal root ganglia of cattle aged 30 months or older, or
material from the distal ileum of cattle of all ages.
(v) Dyes or colouring materials which may or could pass through
a wastewater works and discolour the wastewater works
effluent;
(vi) Fuel;
(vii) Ignitable waste.
(viii) Pathological waste.
(ix) PCBs.
(x) Pesticides which are not otherwise regulated in this bylaw.
(xi) Reactive waste.
(xii) Toxic substances which are not otherwise regulated in this
Bylaw.
(xiii) Waste radioactive substances in excess of concentrations
greater than those specified for release to the environment
under the Nuclear Safety and Control Act and Regulations or
amended versions thereof.
TToowwnn ooff SSuusssseexx,, NN..BB..
BByy--LLaaww ## 11220033--1100
Schedule “B”
Page 3/3
(xiv) 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.
(D) The wastewater contains a concentration, expressed in milligrams
per litre, in excess of any one or more of the limits in Schedule “C” of
this Bylaw, unless:
(i) The discharge is in accordance with a valid Sanitary Discharge
Agreement, Extra Strength Surcharge Agreement or compliance
program;
(E) The wastewater that contains the inorganic contaminants is outlined
in Schedule “D”.
A BY-LAW TO REGULATE WATER, SANITARY AND STORM SEWER SYSTEMS
BY-LAW # 1203-10
SCHEDULE “C”
RESTRICTED WASTES – SANITARY SEWER DISCHARGES
Page 1/1
CONVENTIONAL CONTAMINANTS and PHYSICAL PARAMETERS
Substance Concentration Limit–
[mg/L, except as noted]
Biochemical Oxygen Demand 300
Chemical Oxygen Demand 600
Oil and grease - animal and vegetable 150
Oil and grease - mineral and
synthetic/hydrocarbon
15
Total Suspended Solids 300
pH 6.0 - 10.5 (unitless)
Temperature 60 Degrees Celsius
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
A BY-LAW TO REGULATE WATER, SANITARY AND STORM SEWER
SYSTEMS - BY-LAW # 1203-10
SCHEDULE “D”
INORGANIC CONTAMINANTS
Page 1/1
Substance Concentration Limit– [mg/L, except as noted] Considerations for Setting Limits
Arsenic, total 1.0
Cadmium, total 0.7 Codes of Practice or P27 Plans may
be required to achieve this limit
**Chromium, total 2.8 Codes of Practice or P2 Plans may
be required to achieve this limit
Cobalt, total 5.0
Copper , total 2.0 Codes of Practice or P2 Plans may
be required to achieve this limit
**Cyanide, total 1.2 Codes of Practice or P2 Plans may
be required to achieve this limit
**Lead, total 0.7 This limit is based on a USEPA
technology standard; some
Canadian Bylaws contain higher
limits (e.g. Toronto’s limit is 10
mg/l)
Mercury 0.01 Codes of Practice or P2 Plans may
be required to achieve this limit
Molybdenum, total 5.0
**Nickel, total 2.0 Codes of Practice or P2 Plans may
be required to achieve this limit
Nitrogen, Total Kjeldahl 50
Phosphorus, total 10
**Selenium, total 0.8 Codes of Practice or P2 Plans may
be required to achieve this limit
**Silver, total 0.4 Codes of Practice or P2 Plans may
be required to achieve this limit.
This limit may be problematic for
photo finishing dischargers
Sulphide (as H2S) 1.0
**Zinc, total 2.0 Municipalities with high zinc in
drinking water sources may need to
match the zinc concentration to that
of the finished drinking water
A BY-LAW TO REGULATE WATER, SANITARY AND STORM SEWER
SYSTEMS - BY-LAW # 1203-10
SCHEDULE “E”
MAXIMUM WASTEWATER STRENGTH LIMITS UNDER EXTRA
STRENGTH SURCHARGE AGREEMENT
Page 1/1
Substance Maximum Concentration Limits under an Extra Strength
Surcharge Agreement, mg/l
Biochemical Oxygen Demand (BOD) 1200
Chemical Oxygen Demand (COD) [determined by municipality based on industrial sector and
treatment capacity]
Total Suspended Solids (TSS) 1200
Oil and grease - animal and vegetable (O&G) 450
Total Phosphorus (TP) [determined by municipality based on treatment capacity]
Total Kjeldahl Nitrogen (TKN) [determined by municipality based on treatment capacity]
A BY-LAW TO REGULATE WATER, SANITARY AND STORM SEWER
SYSTEMS - BY-LAW #1203-10
SCHEDULE “F”
STORM SEWER PROHIBITED WASTES
Page 1/3
No personal shall discharge, release, suffer or cause to be discharged into this
Municipality’s storm sewer system, public or private connections to the storm
sewer system, any of the following:
(i) wastewater or uncontaminated water or matter having a
temperature in excess of seventy-five (75) degrees Celsius;
(ii) wastewater having a pH less than 6.0 or greater than 9.5 or
having any other corrosive or scale forming properties capable
of causing damage or hazards to the storm sewer system or
people working on the public storm sewer system;
(iii) explosive matter, gasoline, benzene, naphtha, fuel oil or other
flammable or explosive matter or wastewater containing any
of these in any quantity;
(iv) wastewater containing more than fifteen (15) milligrams per
litre of solvent extractable material;
(v) water which consists of two or more separate liquid layers;
(vi) water of which the BOD exceeds fifteen (15) milligrams per
litre;
(vii) water containing more than fifteen (15) milligrams per litre of
suspended solids;
(viii) water containing any matter which will not pass through a
screen having openings not larger than 3.35 millimeters
square;
TToowwnn ooff SSuusssseexx,, NN..BB..
BByy--LLaaww ## 11220033--1100
Schedule “F”
Page 2/3
(ix) matter of a type or quantity that has or may emit a toxic or
poisonous vapour or a chemical odour that may interfere with
the proper operation of the storm sewer system, constitute a
hazard to humans, animals or property or create any hazard or
become harmful in the receiving waters of the storm sewer
system;
(x) noxious or malodourous gases or substances capable of
creating a public nuisance including, but not limited to,
hydrogen sulphide, mercaptans, carbon disulphide or other
related sulphur compounds, amines and ammonia;
(xi) effluent from petroleum interceptors or separators;
(xii) effluent from geothermal heat extraction systems;
(xiii) water containing color or colored matter, which water would
require a dilution in excess of 4 parts of distilled water to 1
part of such water to produce a mixture the color of which is
not distinguishable from that of distilled water.
(xiv) water containing any of the following in excess of the
indicated concentrations:
Arsenic (As) 1.0 milligrams/litre
Barium (Ba) 0.1 milligrams/litre
Cadmium (Cd) 0.1 milligrams/litre
Chromium (Cr) 1.0 milligrams/litre
Copper (Cu) 1.0 milligrams/litre
Cyanide expressed as HCN 0.1 milligrams/litre
Lead (Pb) 1.0 milligrams/litre
Mercury (Hg) 0.001 milligrams/litre
Nickel (Ni) 1.0 milligrams/litre
Phenolic Compounds 0.02 milligrams/litre
Tin (Sn) 1.0 milligrams/litre
Zinc (Zn) 1.0 milligrams/litre
Pesticides 0.0 milligrams/litre
Herbicides 0.0 milligrams/litre.
TToowwnn ooff SSuusssseexx,, NN..BB..
BByy--LLaaww ## 11220033--1100
Schedule “F”
Page 3/3
(xv) Except as otherwise specifically provided in this By-Law, all
tests, measurements, analyses and examinations of water or
wastewater, its characteristics or contents shall be carried out
in accordance with Standard Methods. Sampling methods,
location, times, durations and frequencies are to be determined
on an individual basis by the Works Officer.