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    OFFICE OF THE CITY CLERK

     SEWERS USE BYLAW

     BYLAW NO. 9675

    (CONSOLIDATED ON NOVEMBER 24, 2009)

    CITY OF EDMONTON

    BYLAW 9675

     SEWERS USE BYLAW

    “Whereas, pursuant to sections 7 and 8 of the Municipal Government Act, Chapter M-26.1, Council may pass bylaws for municipal purposes respecting public utilities and the enforcement of bylaws

    made under this or any other enactment, and to regulate or prohibit and provide for a system of

    licenses, permits or approvals.

    Edmonton City Council enacts:”

    (S.2, Bylaw No. 12429, August 28, 2001)

    PART I - PURPOSE, DEFINITIONS AND INTERPRETATION

PURPOSE 1 The purpose of this Bylaw is to regulate the release of matter to the

     City of Edmonton’s sewerage system and watercourses and to levy

    sewer service charges for services provided.

    DEFINITIONS 2 In this bylaw, unless the context otherwise requires:

    (a) “adverse effect” means impairment or damage to

    (i) the sewerage system or the wastewater treatment

    facility;

    (ii) human health or safety;

    (iii) City property; or

    (iv) the environment;

    (b) application” means a request in an application form

    prescribed by the City Manager, or in letter format if an

    application form is not available

    Bylaw 9675 Page 3 of 57

    (i) for a permit or an approval;

    (ii) to amend, add or delete a term or condition of a

    permit or an approval;

    (iii) to change the activity that is the subject of a permit

    or an approval; and

    (iv) to renew a permit or an approval; (b.1) average monthly winter consumption” means that

    average metered water consumption at a premise during the

    six month period from October 1 to March 31;

     (S.2, Bylaw 13310, March 25, 2003)

(c) Best Available Demonstrated Technology”(BADT)

    means treatment technology that is considered

    demonstrated based on usage in similar type applications

    and that is environmentally desirable based on its

    minimization of emissions through the application of best

    available technology in combination with good operating

    practices, where costs are not overriding considerations,

    and includes internal processing, operating, and water use

    practices that maximize or enhance treatment technology

    performance;

    (d) Best Management Practices” (BMP) means an

    integrated plan to control and reduce the release of

    restricted and prohibited waste into the sewerage system to

    a practicable extent, through methods including physical

    controls, pretreatment processes, operational procedures

    and staff training;

    (e) biochemical oxygen demand” (B.O.D) means the

    quantity of oxygen required for the biochemical

    degradation of organic material and the oxygen used to

    oxidize inorganic material such as sulphides and ferrous

    iron during a 5 day, 20 degree Celsius incubation period

    and may measure the oxygen used to oxidize reduced forms

    of nitrogen, as determined by using a standard procedure;

     (S.2(a), Bylaw 14335, June 19, 2007)

(f) biological waste” means waste from a hospital, medical

    clinic, health care facility, mortuary or biological research

    laboratory which contains or may contain:

    Bylaw 9675 Page 4 of 57

    (i) pathogenic agents that cannot be effectively

    mitigated by wastewater treatment; and

    (ii) experimental biological matter that may be

    hazardous to human health or detrimental to the

    environment;

    (g) biosolids” means a primarily organic solid in water,

    produced by wastewater treatment processes, that can be

    beneficially recycled;

    (h) building” means any structure used or intended for

    supporting or sheltering any use or occupancy; (i) building drain” means the horizontal piping, including

    any vertical offset that conducts wastewater, clear-water

    waste or storm water to a building sewer; (j) building sewer” means a pipe that is connected to a

    building drain one (1) meter outside a wall of a building

    and that leads to a public sewer or private wastewater

    disposal system;

    (k) “Bylaw” includes this Bylaw and all regulations made by

    the administration pursuant to the authority of this Bylaw; (l) carrier” means a person accepting for transportation or

    transporting clear-water waste, storm water, wastewater or

    hazardous wastes for storage, treatment or disposal; (m) catch basin” means a receptacle for receiving storm water

    and retaining sediment from an exterior area or surface; (n) chemical oxygen demand” (COD) means a measure of

    the oxygen equivalent of the organic content of a sample

    that is susceptible to oxidation by a strong chemical

    oxidant, as determined by using a standard procedure;

     (S.2(b), Bylaw 14335, June 19, 2007)

(o) “City” means the City of Edmonton;

    (p) “City Manager” means the Chief Administrative Officer

    of the City or his delegate;

    (q) “Class of Industry” means a group of industrial,

    commercial or institutional establishments primarily

    engaged in the same or similar kind of economic activity as

    Bylaw 9675 Page 5 of 57

    defined by a three or four digit Standard Industrial

    Classification (SIC) code as published by Statistics Canada,

    and amended from time to time; (r) clear-water waste” means any water, including potable

    water from a public distribution system, to which no matter

    has been added;

    (s) colour” means the true colour unit of water from which

    turbidity has been removed, as determined by using a

    standard procedure;

     (S.2(c), Bylaw 14335, June 19, 2007)

(t) combined sewer” means a City owned sewer for the

    collection and transmission of clear-water waste,

    wastewater and storm water; (u) commercial” means those activities that are principally

    for either the sale of goods or the provision of services, or

    both;

    (v) “compliance program” means a plan approved by the City

    Manager to permit a person who releases storm water or

    wastewater to contravene provisions of this Bylaw during

    the period of time required for the design, construction,

    installation or implementation of premises, equipment or

    processes necessary to bring the release into compliance

    with the provisions of this Bylaw; (w) composite sample” means a sample obtained by mixing

    three or more discrete samples, or representative portions

    thereof, that have been collected over a period of time,

    depth or at different sampling points; (x) “contaminated site” means a site where a soil or

    groundwater contaminant exceeding applicable regulations

    has been identified;

    (y) “Council” means the municipal council of the City of

    Edmonton;

    (z) domestic wastewater” means wastewater released from

    non-institutional, non-commercial and non-industrial

    premises as a result of normal human living processes;

    (aa) “environment” means the components of the earth and

    Bylaw 9675 Page 6 of 57

    includes:

    (i) air, land and water;

    (ii) all organic and inorganic matter and living

    organisms; and

    (iii) the interacting natural systems that include

    components referred to in (I) and (ii); (bb) fixture” means a receptacle, appliance, apparatus, floor

    drain or other device that releases wastewater or clear-

    water waste;

    (cc) flammable liquid” means a substance that is a liquid, a

    mixture of liquids or a liquid containing solids in solution

    or suspension that has a flash point not greater than 61

    degrees Celsius, as determined by using a standard

    procedure;

     (S.2(d), Bylaw 14335, June 19, 2007)

(dd) flow monitoring point” means an access point to the

    building drain, building sewer, private drainage system or

    sewer service for the purpose of:

    (i) measuring the rate or volume of wastewater, storm

    water, clear-water waste and subsurface water being

    released from the premises; and

    (ii) collecting representative samples of the wastewater,

    storm water, clear-water waste and subsurface water

    being released from the premises; (ee) “fuelling station area” means the area at a commercial,

    institutional or industrial facility used for fuelling of

    vehicles or equipment that includes the fuelling pad

    dispensing units and associated structure;

     (S.2(e), Bylaw 14335, June 19, 2007)

(ee.1) “fuelling pad” means the paved surface area surrounding

    the fuel dispenser(s) to a distance of at least two (2) metres

    in every direction beyond the furthest reach of each pump

    hose, arm or other transfer device;

     (S.2(m), Bylaw 14335, June 19, 2007)

    Bylaw 9675 Page 7 of 57

    (ff) grab sample” means a sample collected at a particular

    time and place;

    (gg) “hauled wastewater” means wastewater transported by

    truck to another point for disposal; (hh) “hazardous substance” means:

    (i) any substance or mixture of substances, other than a

    pesticide, that exhibits characteristics of

    flammability, corrosivity, reactivity or toxicity; and

    (ii) any substance that is designed as a hazardous

    substance within the regulations of the

    Environmental Protection and Enhancement Act

    and the Waste Control Regulation (AR129/93) of

    the Province of Alberta, and any successor to this

    Act or regulations;

    (ii) hazardous waste” means any hazardous substance

    disposed of or to be disposed of as waste, as set out in the

    regulations of the Environmental Protection and

    Enhancement Act and the Waste Control Regulations

    (AR129/93) of the Province of Alberta, and any successor

    to this Act or regulations;

    (jj) “hydrocarbons” mean those solvent extractable materials

    included in oil and grease that is not absorbed by silica gel,

    as determined by using a standard procedure;

     (S.2(f), Bylaw 14335, June 19, 2007)

    (kk) “high potential contaminant release area” means an

    outdoors area where activities occur, which may have a

    high potential for the release of wastewater, or storm water

    that is in violation of the requirements of this Bylaw, and

    includes loading dock areas, trash compactor areas, auto

    wrecker storage yards, fuelling station areas, outdoors wash

    areas, material transfer areas, and other areas designated by

    the City Manager;

     (S.2(g), Bylaw 14335, June 19, 2007)

(ll) “industrial” means those activities that are principally for

    the processing of materials or the manufacturing,

    assembling, servicing, repairing, storing or transporting of

    materials, goods or equipment;

    Bylaw 9675 Page 8 of 57

    (mm) “industrial wastewater” means wastewater released from

    institutional, commercial or industrial premises; (nn) “Inspector” means a person authorized by the City

    Manager to enforce the provisions of this Bylaw who is a

    City of Edmonton Bylaw Enforcement Officer as defined in

    the Bylaw Enforcement Officer Bylaw 8081, or subsequent

    amendments or succeeding bylaws; (oo) “institutional” means those activities that are principally

    for the provision of community, educational, religious,

    cultural or recreational services; (pp) “interceptor” means a receptacle designed and installed to

    remove specific substances from wastewater or storm water

    under a predefined range of operational parameters,

    including, but not limited to, flow rate and specific gravity;

    (qq) “land drainage” means the systems that convey and

    manage storm water;

    (rr) “land drainage utility” means the user funded business

    operations responsible for the operations, maintenance,

    upgrading, expansion and environmental impacts of the

    publicly owned land drainage systems; (ss) “land drainage utility charge” means the monthly utility

    charge to users of the publicly owned land drainage

    systems that are determined in relation to property area,

    intensity of development and land zoning; (tt) “Letter of Authorization” means a signed letter from a

    wastewater generator, submitted to the City Manager,

    authorizing a hauled wastewater carrier to remove and

    transport domestic wastewater from a premises during a

    defined time period, and certifying the quality of the

    wastewater, in lieu of a generator’s signature on the

    namifest, for each load removed from the premises;

    (uu) “loading dock area” means the outdoors loading dock of a

    building used for loading and unloading trucks, trailers and

    rail cars, and the area within one(1) metre in front of the

    loading dock;

    (vv) “manifest” means the document accompanying a load of

    hauled wastewater that identifies:

    Bylaw 9675 Page 9 of 57

    (i) its generator,

    (ii) date and time of loading,

    (iii) its quantity and composition,

    (iv) the transporting company,

    (v) date and time of release of the load, and

    (vi) the persons consigning, hauling and authorizing the

    release of the load;

    (ww) matter” means any solid, liquid or gas; (xx) material transfer area” means the outdoors area at a

    commercial, institutional or industrial facility where the

    bulk transfer of gasses, liquids or solids takes place, and the

    surrounding area within two (2) metres; (yy) oil and grease” means any solvent extractable material of

    animal, vegetable or mineral origin, as determined by using

    a standard procedure;

     (S.2(h), Bylaw 14335, June 19, 2007)

(zz) “overstrength surcharge” means the rate per cubic metre

    of water consumed and charged to a user who releases

    wastewater to the sewer that exceeds one or more

    constituent concentrations set out in Column A of Schedule

    “D”;

    (aaa) outdoors wash area” means an outdoors area where

    commercial, institutional or industrial vehicles or

    equipment are washed or cleaned, and the surrounding area

    within two (2) metres;

    (bbb) “owner” means any person who is registered under the

    Land Titles Act as the owner of land, or any other person

    who is in lawful possession thereof or who is in lawful

    possession or occupancy of any buildings situated thereon;

    (ccc) “Permit to Release” means a permit issued by the City

    that allows an owner of a premise to release wastewater,

    storm water, subsurface water or clear-water waste; (ddd) “person” means any individual, partnership, or corporation

    and heirs, executors, administrators or legal representative

    Bylaw 9675 Page 10 of 57

    of a person;

    (eee) “person responsible” means:

    (i) the owner of the matter;

    (ii) every person who has or has had charge,

    management or control of the matter, including the

    manufacture, sale, handling, use, storage, disposal,

    transportation, display or method of application of

    the matter;

    (iii) any successor, assignee, executor, administrator,

    receiver, receiver-manager or trustee of a person

    referred to in (i) or (ii); or

    (iv) a person who acts as the principal or agent of a

    person referred to in (i), (ii) or (iii); (fff) “phenols” means the hydroxy derivatives of benzene and

    its condensed nuclei, as determined by using a standard

    procedure;

     (S.2(i), Bylaw 14335, June 19, 2007)

(ggg) “premise” means any land or building or both, or any part

    thereof;

    (hhh) “pretreatment facility” means one or more treatment

    devices designed to remove sufficient matter from

    wastewater or storm water to allow compliance with

    effluent limits established in this Bylaw; (iii) “private drainage system” means a privately owned

    assembly of pipes, fittings, fixtures, traps and

    appurtenances, including the building sewer and building

    drain, that is used to convey wastewater, clear-water waste,

    storm water or foundation drainage to a sewer service or a

    private wastewater disposal system; (jjj) “private wastewater disposal system” means a privately

    owned system for the treatment and disposal of wastewater,

    and may include septic tank with an absorption field or

    other approved means of disposal; (kkk) “Professional Engineer” means an engineer or licensee

    registered and in good standing with the Association of

    Professional Engineer, Geologists and Geophysicists of

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